The following section deals specifically with buffer requirements for surface waters. This section was added as an amendment on October 19, 2010, in response to NCDENR's updates to the Randleman Lake Buffer Rules. There may be discrepancies in some areas including, but not limited to, enforcement, variances, applicability, and mitigation. The language in this section shall rule regarding buffer requirements and shall supersede other requirements. While these rules were crafted specifically for the Randleman Lake Watersheds, they shall be applicable to ALL watersheds with the jurisdiction of the Town of Jamestown.

This ordinance shall be officially known as "The Jamestown Watershed Protection Ordinance," but it may also be referred to as "The Phase II Stormwater Ordinance." It may furthermore be referred to herein as "this ordinance."

The purpose of this ordinance 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 issues related to increased stormwater runoff and nonpoint and point source pollution, buffer protection, and illicit discharges into municipal stormwater systems. It has been determined that proper management of construction-related and post-development stormwater runoff, illicit discharges, and buffer protection 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 ordinance also applies to all properties within the Town of Jamestown and its extraterritorial jurisdiction, regardless of whether the property is currently being "developed" or not.

The town council of the Town of Jamestown is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to G.S. §§ 143-214.5, 143-214.7, 160D-925, and 160D-926.

It is hereby determined that:

Development and redevelopment alter the hydrologic response of local watersheds and increase 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;

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

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

Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this ordinance.

Therefore, the Town of Jamestown Town Council 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.

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

1.

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

2.

Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable 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;

3.

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

4.

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

5.

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;

6.

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;

7.

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.

8.

Coordinating site design plans that include open space and natural areas with the Town of Jamestown Land Development Ordinance and the 2020 Comprehensive Land Development Plan, and any other plans as adopted by the Town of Jamestown.

9.

Controlling illicit discharges into the municipal separate stormwater system.

10.

Controlling erosion and sedimentation from construction activities.

11.

Assigning responsibility and processes for approving the creation and maintenance of adequate drainage and flood damage prevention measures.

19.5-1.

General. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all properties in the Town of Jamestown and its extraterritorial jurisdiction, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to Section 19.5-2 of this section, exemptions. Properties need not be "under development" to be subject to the standards of this ordinance.

19.5-2

Exemptions. The following are exempt from the requirements of this article. The exemption shall not be construed to permit uses prohibited in the underlying zoning district, or otherwise prohibited by this ordinance.

(A)

Lots of record of less than 20,000 square feet existing on October 1, 1993, in all watersheds except Randleman Lake Watershed, where the effective date is January 1, 2000. Lots of record less than 1 acre which were existing prior to the effective date of the watershed ordinance (July 1, 1993 in all watersheds except Randleman, where the effective date is January 1, 2000), are not part of a larger common plan of development, and are impacted by permanent easements or rights-of-way which render the "effective" lot size less than 20,000 square feet of developable area may qualify for the exemption as described.

(B)

The construction or modification of one single-family dwelling and its accessory structures on a lot of record provided it is located outside watershed critical area (WCA) Tier 1 within the City Lake and Oakdale Reservoir Watersheds or outside watershed critical area (WCA) Tiers 1 and 2 within the Randleman Lake Watershed.

(C)

The construction of one two-family dwelling and its accessory structures(s) on a lot of record in the City Lake and Oakdale Reservoir Watersheds provided a sedimentation and erosion control plan is not required and provided it is located outside watershed critical area (WCA) Tiers 1 and 2.

(D)

Replacement of existing built-upon area (BUA) on a lot developed with a like or lesser amount of new BUA, at the same location, or at a different location on the same lot of record if the planning director has determined that equal or better water quality will result.

(E)

Exemption to the plan submission requirements of this article. The placement of small accessory buildings or structures or small amounts of other built-upon area on a lot developed with a nonresidential or multifamily use, provided that the total built-upon area added after the effective date of this ordinance, is no greater than 600 square feet and provided that less than one acre of land is disturbed shall be exempt from the plan submission requirements of this article. This exempted built-upon area or land disturbance shall not be placed within a required surface water buffer. This exemption shall apply to a lot of record for one time only after July 1, 1993, in all watersheds except Randleman Lake Watershed, where the effective date is January 1, 2000. This exemption shall not apply to a lot with a watershed development plan on file with the planning department.

(F)

No lot or property shall be exempt from the buffer protection requirements of this ordinance.

19.5-3.

No Development or Redevelopment Until Compliance and Permit. No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.

19.5-4.

Map. The provisions of this ordinance shall apply within the areas designated on the map titled "Watershed Map of Town of Jamestown, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance and incorporated into the Official Zoning Map by reference, including such subsequent changes as may be made by the issuing agency(ies).

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 ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance 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.

(Ord. of 07-16-2024(2), 7-16-2024)

Two overlay districts cover water supply watersheds. They are the Watershed Critical Area Overlay District and the General Watershed Area Overlay District.

19.6-1.

General Watershed Area Overlay District. The General Watershed Area (GWA) is an overlay district that includes all land draining into designated water supply reservoirs within the Town's jurisdiction, but outside any Watershed Critical Area Overlay District. Reservoirs designated for purposes of the Article are, City Lake, Oakdale Reservoir (Jamestown), and Randleman Lake.

19.6-2.

Watershed Critical Area Overlay District. The Town of Jamestown Watershed Map shows the Watershed Critical Area District boundaries. The Watershed Critical Area District is an overlay district covering the portion of the watershed adjacent to a designated water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The Watershed Critical Area Overlay District boundary extends either a minimum of 2,750 feet from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of designated water supply reservoir basins whichever comes first. The identifiable major feature may be a street, railroad, easement or other means of travel, which can be used by emergency personnel to respond to spills. The WCA consists of four tier divisions as follows:

(A)

Tier 1: Tier 1 consists of those lands within 200 feet measured horizontally from the pool elevation of the designated reservoirs, which is 756 feet above mean sea level for City Lake, 716 feet above mean sea level for Oakdale Reservoir, and 682 feet above mean sea level for Randleman Lake.

(B)

Tier 2: Tier 2 consists of those lands lying within an area bounded by Tier 1 and a line parallel to and 750 feet in distance from the normal pool elevation.

(C)

Tier 3: Tier 3 consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,750 feet, measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, for all WCAs except the Randleman Lake WCA. Randleman Lake's WCA consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 3,000 feet measured horizontally from the normal pool elevation, or to the boundary of the WCA, whichever comes first, except that Tier 3 along Richland Creek consists of those lands lying within an area bounded by Tier 2 and a line parallel to and 2,640 feet (one-half mile) measured horizontally from the normal pool elevation or to the boundary of the WCA, whichever comes first.

(D)

Tier 4: Tier 4 consists of those lands lying in the area between the outer boundary of Tier 3 and the WCA boundary.

19.7-1.

Meaning and Intent. All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 19.1-1, Purpose and Authority. If a different or more specific meaning is given for a term defined elsewhere in the Town of Jamestown Development Ordinance, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance.

19.7-2.

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

19.7-3.

Authority for Interpretation. The stormwater administrator has authority to determine the interpretation of this ordinance. 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 ordinance.

19.7-4.

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.

19.7-5.

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 Town of Jamestown, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the Town of Jamestown.

References to days are calendar days unless otherwise stated.

Any act authorized by this ordinance to be carried out by the stormwater administrator of Town of Jamestown may be carried out by his or her designee.

19.9-1.

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.

19.9-2.

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.

19.9-3.

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.

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

19.11-1.

References to Design Manual. The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the most recent edition of the N.C. DWQ Stormwater BMP Manual (hereinafter referred to as the Design Manual) as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BMPs.

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 Phase II laws.

19.11-2.

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.

19.11-3.

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 ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application.

19.12-1.

Conflicts of laws. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance 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.

19.12-2.

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

If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance 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 ordinance.

19.14-1.

Effective Date. This ordinance shall take effect on the same date as the larger document, known as the Jamestown Land Development Ordinance, of which this ordinance is a part, shall become effective

19.14-2.

Final Approvals.

Complete applications. All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Jamestown prior to the effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions.

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

1.

For the initial or first phase of development, 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.

2.

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

19.14-3.

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

19.15-1.

Stormwater Administrator. A stormwater administrator shall be designated by the Town Manager to administer and enforce this ordinance.

19.15-2.

Powers and Duties. In addition to the powers and duties that may be conferred by other provisions of the Town of Jamestown Land Development Ordinance and other laws, the stormwater administrator shall have the following powers and duties under this ordinance:

(A)

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

(B)

To make determinations and render interpretations of this ordinance.

(C)

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

(D)

To enforce the provisions of this ordinance 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 ordinance.

(F)

To provide expertise and technical assistance to the town council, 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 ordinance.

19.15-3.

Review Procedures.

19.15-4.

Permit Required; Must Apply for Watershed Approval (or Permit). An approved watershed plan (which may be used interchangeably with the term "stormwater permit" or "permit") is required for all development and redevelopment unless exempt pursuant to this ordinance. Approval may only be issued subsequent to a properly submitted and reviewed permit application, or plan, pursuant to this section.

19.15-5.

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

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 ordinance, whether the approach consists of structural BMPs 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 ordinance.

19.15-6.

Authority to File applications. All applications required pursuant to this Code shall be submitted to the stormwater administrator by the landowner or the landowner's duly authorized agent. An original signature of the property owner may be required on the cover sheet of the site plan submittal or application.

19.15-7.

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 ordinance.

19.15-8.

Submission Schedule. The stormwater administrator shall establish a submission schedule for applications. 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.

19.15-9.

Review Fees. The town council shall establish 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.

19.15-10.

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 ordinance, 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.

19.15-11.

Review. The stormwater administrator shall review the application and determine whether the application complies with the standards of this ordinance.

19.15-12.

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

19.15-13.

Fails to Comply. If the stormwater administrator finds that the application fails to comply with the standards of this ordinance, 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.

19.15-14.

Revision and Subsequent Review. A complete revised application shall be reviewed by the stormwater administrator after its re-submittal and shall be approved, approved with conditions or disapproved.

If a revised application is not re-submitted within 60 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.

Up to four re-submittals of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the fourth re-submittal shall be accompanied by an additional review fee, as established pursuant to this ordinance.

19.16-1.

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 post-construction 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, the Town of Jamestown Land Development Ordinance, Comprehensive Plan, and other relevant resource protection plans should be consulted in the discussion of the concept plan. Fees for such a meeting may be required.

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

19.16-2.

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); 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.

19.16-3.

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.

19.16-4.

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 structural stormwater controls; low-impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.

19.16-5.

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 ordinance, including Section 3, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, or landscape architect, and the engineer, surveyor, 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 ordinance.

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 Section 19.15-10 (Fails to Comply).

19.16-6.

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 ordinance. A final inspection and approval by the stormwater administrator shall occur before the release of any performance securities.

19.16-7.

Other Permits.

No certificate of compliance or occupancy shall be issued by the Town of Jamestown or Guilford County 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 Town of Jamestown or Guilford County 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.

19.16-8.

Plans Required for Buffer Encroachments.

Site plans, prepared by a licensed professional engineer, professional land surveyor, or landscape architect are required to be submitted to the Town of Jamestown prior to any encroachment into a required buffer. Fees may apply to such review the Town of Jamestown.

19.17-1.

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.

19.17-2.

Time Limit/Expiration.

An approved plan shall become null and void if the applicant fails to make substantial progress (i.e., building permits must be open and active on the site) on the site within two years 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.

19.18-1.

Filing of Appeal and Procedures.

Appeals shall be taken within 30 days by filing a notice of appeal and specifying the grounds for appeal on forms provided by the Town of Jamestown. The stormwater administrator shall transmit to the board of adjustment all documents constituting the record on which the decision appealed from was taken.

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

19.18-2.

Review by Superior Court.

Every decision of the 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:

(1)

The decision of the board of adjustment is filed; or

(2)

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

All development and redevelopment to which this ordinance applies shall comply with the standards of this section.

19.19-1.

Development Standards for Low-Density Projects.

Low-density projects shall comply with each of the following standards:

(A)

Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.

(B)

All built-upon area shall be at a minimum of 50 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233(3)(a) or similar site-specific determination made using Division-approved methodology by a qualified professional.

(C)

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.

(D)

If discrepancies arise in stream classification between the applicant and the Town of Jamestown, the Town at its sole discretion, may request that an independent evaluation be performed by a 3 ^rd party professional who is qualified to make such determinations. Costs for such an evaluation may be required to be borne by the applicant, at the discretion of the Town of Jamestown.

19.19-2.

Development standards for High-Density Projects.

High-density projects shall implement stormwater control measures that comply with each of the following standards:

(A)

The measures shall control and treat runoff from the first inch of rain. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.

(B)

All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of 85 percent average annual removal for total suspended solids (TSS);

(C)

General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Design Manual;

(D)

All built-upon area shall be at a minimum of 100 feet landward of all perennial and 50 feet for intermittent surface waters. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology, or as in Section 19.19-1(D).

(E)

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

19.20-1.

Evaluation According to Contents of Design Manual.

All stormwater control measures and stormwater treatment practices (also referred to as best management practices, or BMPs) required under this ordinance 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 ordinance.

19.20-2.

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 will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. 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 ordinance. 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.

WATERSHED CRITICAL OVERLAY DISTRICT (WCA)

19.20-3.

Protection of Fragile Areas in a Watershed Critical Area Overlay District.

For the purposes of this article, slopes greater than 15 percent, wetlands, and drainage areas are considered fragile areas warranting protection.

(A)

Slopes greater than 15 percent and wetlands. Slopes greater than 15 percent lying adjacent to natural drainage ways, intermittent streams, perennial streams and wetlands shall remain in a natural and undisturbed condition except for road crossings, utilities, greenways, trails, sidewalks, erosion control devices and runoff control devices.

1.

Dedication of these areas to the Town as drainageway and open space may be required wherever authorized by other provisions in local ordinances.

2.

Where such dedication is not required, a water quality conservation easement shall be recorded over such wetlands and slopes.

3.

Where a water quality conservation easement serves to bring two or more properties into compliance with the WCA requirements of this article, the technical review committee may require that the wetlands and slopes covered by such easements be held as common area by an owners' association.

4.

The natural ground cover and the natural tree canopy within a water quality conservation easement shall be preserved with the following exceptions, which are permitted only after issuance of a permit by the public services department:

a.

Public utilities can be constructed and maintained by the Town of Jamestown or its designee;

b.

Soil erosion and sedimentation control structures can be constructed and maintained by the developer of the property, subject to approval of a land-disturbing permit by the public services department. After these structures are no longer needed, they shall be removed and the water quality conservation easement restored to a natural state—or the state the site was in before disturbance (i.e., if site was grass, it may be replaced with grass, if it was forested, it must be replaced with trees and shrubs at the rate of 320 stems per acre);

c.

Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous or noxious vegetation and pests harmful to health;

d.

Mechanical mowing of utility areas is allowed for the purpose of controlling growth.

e.

Construction of approved passive recreational facilities or trails.

5.

Nothing in this subsection shall supersede the surface water buffer requirements of this article.

(B)

Drainage.

a.

Drainage within the Watershed Critical Area Overlay District shall be provided by means of open channels to the maximum extent possible. If it is determined by the technical review committee that better water quality protection is provided by alternative means, or to meet Town of Jamestown street standards, piped or improved drainage may be permitted.

b.

Drainageways shall have protected channels or remain in a natural, undisturbed state, except for road crossings, utilities, greenways, sidewalks, trails, erosion control devices, runoff control devices, and desirable artificial stream bank stabilization.

c.

No new development shall be allowed in such protected or undisturbed areas; except that water dependent structures and public projects such as greenways may be allowed where no practicable alternative exists. Where these activities are allowed, they shall minimize built-upon surface area and maximize the utilization of best management practices (BMPs).

d.

Perennial and intermittent streams, lakes and ponds shall be protected as specified in this article.

(C)

Spill risk reduction.

Prohibited Uses. The following uses shall be prohibited in a Watershed Critical Area Overlay District (WCA):

Containment structures.

1.

Storage tanks for fuels and chemicals and associated pumping and piping shall have a spill containment system.

2.

Such containment systems shall be of sufficient volume to contain 100 percent of all the tank(s) contents stored in the area and shall have a leak detection system installed.

3.

The containment system shall be approved by the planning director and the fire marshal.

4.

Such tanks and containment structures shall not be placed closer than 1,000 feet to the normal pool elevation of the applicable reservoir.

5.

Such a containment system shall be a minimum of 50 feet from the property line of the facility if the area adjacent to the facility is in a zoning district other than light or heavy industrial.

6.

Provisions shall be made to remove stormwater without removal of the product except for mistable materials. Contaminated water may not be discharged to the sewer system without a permit or to a water body or to a watercourse.

Underground storage tanks. In a Watershed Critical Area Overlay District, underground storage tanks for fuels and chemicals shall not be permitted except for the replacement of existing tanks.

Point source discharges.

1.

No expansion of any existing private wastewater facilities or establishment of any new public or private wastewater treatment plants of any kind shall be permitted in WCA districts.

2.

Industrial pre-treatment facilities that prepare wastewater for discharge into a public sewer system shall be permitted in WCA districts.

19.20-4.

Density Shifting.

The location of development on soils and terrain most suited to protecting the water quality of water supply reservoirs is encouraged in the WCA by density shifting. The overall density of a development utilizing density shifting shall meet the applicable WCA density and stormwater runoff control requirements, except as modified by this subsection. Built-upon areas within such developments shall be designed and sited to minimize stormwater runoff impact to the receiving waters, and the remainder of the tract should remain in an undisturbed or natural state. Density shifting is utilized in developments having lot sizes in accordance with the minimum area permitted by the underlying zoning district or in approved cluster developments. Through density shifting, developments may increase the maximum permitted residential densities otherwise established in this article if the development rights attached to acreage located within a tier are transferred within the same property to an adjacent tier located farther from the water supply reservoir. Such transfer shall permit an additional number of dwelling units in the receiving tier. This addition is calculated by adding the density or dwelling units transferred from the adjacent tier to the density or dwelling units permitted in the receiving tier. The dwelling units permitted by acreage transfer from an adjacent tier shall be in addition to the number of dwelling units otherwise permitted in the receiving tier, but in no case shall the density allowed by the underlying zoning district be exceeded, unless cluster development options allow for increased densities.

19.20-5.

Stormwater Management; WCA.

(A)

Stormwater control(s) required:

The minimum stormwater control(s) required in the Watershed Critical Area Overlay District shall be in accordance with Table 19.20-5 which follows and the additional standards of this section.

1.

Alternative measures in accordance with this ordinance.

2.

Engineered stormwater controls in accordance with this ordinance.

3.

Tier 4 built-upon area may be up to 40 percent under the high density option

(B)

Control of runoff:

In a Watershed Critical Area Overlay District, runoff from built-upon areas shall be controlled as follows:

1.

Where alternate measures are allowed in accordance with Table 19.20-5, runoff shall be controlled in compliance with the Town of Jamestown's Stormwater Guidelines for Water Quality and Flood Control, which are hereby adopted and incorporated herein by reference.

2.

Where engineered stormwater controls are required in accordance with Table 19.20-5, runoff shall be controlled in compliance with the Town of Jamestown's Stormwater Guidelines for Water Quality and Flood Control.

3.

Design approval. All designs for runoff control structures shall meet the requirements of this ordinance, the guidelines set forth in the Town of Jamestown Stormwater Guidelines and BMP manual and the state requirements for the retention of the difference in pre and post construction runoff for the one year, 24-hour storm and removal of 85 percent TSS; and shall be subject to the approval of the stormwater administrator.

(C)

Methods of stormwater control:

1.

Alternate measures for low density development. As required by Table 19.20-5, the allowed alternate measures may be any one of the following that meet the standards of the Town's stormwater guidelines for water quality and flood control:

a.

Extended dry pond.

b.

Infiltration trench.

c.

Natural infiltration area.

d.

Participation in a public or private regional runoff control program, in compliance with this ordinance.

e.

Low impact design as approved by the technical review committee in accordance with the stormwater guidelines for water quality and flood control.

f.

Any best management practice approved by the stormwater administrator that meets the performance standards of control of the first one-half inch of rainfall.

2.

Engineered stormwater controls for high density development. In accordance with Table 19.20-5, a wet detention pond or other best management practice meeting the performance standards of control of the first one inch of rainfall and removal of 85 percent of total suspended solids (TSS) shall be used to control stormwater runoff in compliance with the Town's stormwater guidelines for water quality and flood control. In lieu of an on-site engineered stormwater control, developments may participate in a regional stormwater control program in compliance with the requirements of this ordinance.

19.20-6.

Public Sanitary Sewer Required.

All new development in a Watershed Critical Area Overlay District shall be served by public sanitary sewer except development in the Randleman Lake Watershed Critical Area Overlay District under the low-density option.

GENERAL WATERSHED AREA OVERLAY DISTRICT (GWA)

19.20-7.

Spill Risk Reductions in the GWA.

(A)

Prohibited uses. The following uses shall be prohibited in a general watershed area (GWA): Hazardous or toxic substance generator or handler.

(B)

Restricted use. The following use shall be restricted in a GWA: No expansion of any existing private solid waste landfill or establishment of any new public or private solid waste landfill shall be permitted.

19.20-8.

GWA Built-Upon Area Limits.

(A)

Built-upon area limits in City Lake and Oakdale Reservoir watersheds. City Lake and Oakdale Reservoir are classified as WS IV water supply watersheds, and development in the general watershed area (GWA) Overlay Districts shall not exceed 70 percent built-upon area. Developments with greater than six percent built-upon area (BUA) shall provide an engineer's certification of runoff control in compliance with this ordinance.

(B)

Built-upon area limits in Randleman Lake watershed. Randleman Lake is classified as a WS IV CW water supply watershed, and development in the Randleman Lake GWA Overlay District shall not exceed 50 percent built-upon area, except as otherwise provided in this subsection. Developments with greater than six percent built-upon area (BUA) shall provide an engineer's certification of runoff control in compliance with of this ordinance.

19.20-9.

Stormwater Control.

The minimum stormwater control(s) required in the GWA shall be in accordance with Table 19.20-9, which follows, and the additional standards of this article.

Single-family and two-family development utilizing the low-density option shall use the density standards. Single family and two-family development exceeding the density limits shall use the built-upon area standards. Multi-family residential and non-residential developments shall use the built-upon area standards. May be increased to three dwelling units per gross acre or 36 percent built-upon area for developments without curb and gutter street system with performance standards.

19.20-10.

Performance Standards.

Where compliance with performance standards is required in accordance with Table 19.20-9, the performance standards shall be in the form of a score sheet based on factors that minimize the impact of stormwater runoff from development. Plan approval for a proposed development within the General Overlay District shall require meeting one of two performance standards below:

(A)

Score sheet. A minimum of 100 points is earned when the score sheet system for development is applied; Single-family and two-family residential development shall use the residential score sheet Table 19.20-10(a). Nonresidential and multifamily development shall use score sheet in Table 19.20-10(b).

(B)

Stormwater control. When a proposed development does not earn 100 points, an approved stormwater control measure or structure shall be provided, in compliance with the Town of Jamestown's stormwater guidelines for water quality and flood control.

Notes:

(1)

All plans must have 100 or more points and meet all other requirements to be approved.

(2)

Do not use this table if gross density exceeds two dwelling units per acre or built-upon area is greater than 24 percent or three dwelling units/acre (gross) or 36 percent built-upon area without curb and gutter in a WS-IV watershed, except for the Randleman Lake Watershed. Do not use this table for development in the Randleman Lake Watershed if gross density exceeds one dwelling unit per acre or built-upon area is greater than 12 percent.

Submission Requirements

Single Family: Rated prior to approval of a preliminary plat. Individual homes on individual lots are not rated.

Multi-Family: Rated prior to approval of a site plan.

Definitions, Explanations, and Standards.

1.

Conditional district rezonings will be given the appropriate bonus points if the use and site plan conditions meet the requirements of the bonus zone, such as clustering developments on the best soils and terrain of the site.

2.

Reserved.

3.

Proximity to floodway is determined by measuring or scaling the distance from the floodway to the closest boundary of the tract.

4.

Self explanatory.

5.

Protected drainageway means drainage is channeled by pervious devices such as sod waterways, berms, channels or swales which have been constructed to resist soil erosion by either vegetating, netting, riprapping, or a combination of those, and which allows infiltration of water into the soil.

Dispersed drainage means spread out, as opposed to collecting the runoff in channels, so as to effect increased sheet flow and overland flow.

Improved drainageway means channeled by impervious surfaces such as curb and gutter or concrete (gunnite, bituminous, etc.) channels.

Enhanced drainageway means carried by existing natural drainage ways which have been enhanced to resist soil erosion, including stream bank degradation.

6.

Average slope shall mean the maximum inclination of the land surface from the horizontal as measured in percentage slope. The average slope shall be determined for the entire lot, tract, or subdivision before development.

7.

If all or part of an existing lot containing natural or stabilizing vegetation is dedicated to the public for park or drainageway and open space purposes, such land will count in computing score.

Stabilizing vegetation means any vegetation that protects the soil against erosion.

8.

Maximum runoff control means approximately 100 percent of built-upon area runoff must pass through permanent wet detention pond(s). Moderate runoff control means at least 75 percent of built-upon area runoff must pass through permanent wet detention pond(s). Runoff control in excess of minimum requirements of erosion control ordinance means at least 50 percent of built-upon area runoff must pass through permanent wet detention pond(s). Runoff control equal to minimum requirements means velocity control of runoff. Detention pond means a pond which collects stormwater runoff, filters the water, and releases it slowly over a period of hours or days. It does not have a permanent pool and is sometimes referred to as a dry pond. Wet detention pond means a pond that has a permanent pool and also collects stormwater runoff, filters the water, and releases it slowly over a period of days. Retention pond means a pond that has a permanent pool.

9.

No points will be allowed for on-site septic tank systems or private treatment systems.

10.

Self-explanatory.

Notes:

(1)

All plans must have 100 or more points and meet all other requirements to be approved.

(2)

Do not use this table if built-upon area exceeds 24 percent or three dwelling units/acre (gross) or 36 percent built-upon area for developments without a curb and gutter street system in a WS-IV watershed, except for the Randleman Lake Watershed. Do not use this table for development in the Randleman Lake Watershed if built-upon area exceeds 12 percent.

Submission Requirements

Residential/Commercial/Industrial Subdivision: Rated prior to approval of preliminary plat.

Residential/Institutional/Commercial/Industrial Site Plans: Rated prior to approval of site plan unless lot was prequalified by subdivision.

Commercial/Industrial Projects Without Site Plans: Rated prior to approval of the building permit.

Definitions, Explanation, and Standards

1.

Built-upon area coverage includes paved parking lots, driveways, roads and streets, buildings or other structures which cover the soil. It is computed by the equation: acres built-upon area divided by total acres in the tract times 100 percent.

2.

Proximity to floodway is determined by measuring or scaling the distance from the floodway to the closet boundary of the tract.

3.

Hydrologic soil groups as defined on pg. 35 of the USDA-SCS Soil Survey of Guilford County, North Carolina (12/19/77) and referenced in Table 15.

4.

Vegetated waterways (swales) are to be constructed according to USDA-SCS specifications or equivalent methods, and they are to include installation of channel liners (plastic, jute, or excelsior) where expected flow velocity (ten-year storm) exceeds three feet per second. Minor channels with riprap are to meet Town of Jamestown specifications. Preserve natural drainageways shall mean no disturbance of natural drainage ways by cutting, filling, channelization, or destroying natural vegetation. Preserve and protect natural drainageways shall mean protecting natural channels against stream bank erosion by riprap or establishing soil stabilizing vegetation on stream banks and/or providing for a natural or revegetated stream of 25 feet or more on each side of the stream.

5.

Average slope shall mean the maximum inclination of the land surface from the horizontal as measured in percentage slope. The average slope shall be determined for the entire lot, tract or subdivision before development.

6.

Undisturbed area shall be that portion of a lot, tract or subdivision which has not and will not be occupied and which has not and will not be graded to change land contours or to destroy existing vegetation. Only areas that are wooded or reforested are considered undisturbed for the purposes of watershed protection scoresheet evaluation.

7.

Revegetating bare soil areas shall mean providing a stabilizing vegetative cover on those areas disturbed by grading of the site where no other land cover (structure, etc.) is to be located.

8.

All runoff control methods or devices shall meet or exceed Town of Jamestown design specifications. Retention ponds will be considered in lieu of wet detention ponds on a case-by-case basis.

9.

No points will be allowed for on-site septic tank systems or private sewage treatment systems.

10.

Self-explanatory.

19.20-11.

Control of Runoff.

(A)

Control of runoff. Where engineered stormwater controls are required in accordance with Table 19.20-9, runoff shall be controlled in compliance with the Town of Jamestown's stormwater guidelines for water quality and flood control.

(B)

Design approval for runoff control structures. All designs for runoff control structures shall meet the requirements of this ordinance and shall be subject to the approval of the stormwater administrator or his/her designee.

19.20-12.

Spill Risk Reduction in the GWA.

(A)

The following uses shall be prohibited in a GWA:

Landfills, except for on-site construction debris landfills less than three acres.

Land application of sludge/residuals or petroleum contaminated soils.

19.21-1.

Participation in a Regional Stormwater Control Program.

(A)

Public regional stormwater control program.

1.

Where permitted. Where a regional stormwater control program has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development may participate in said program in lieu of any certification of stormwater control required by this article, provided that:

a.

The development is within an area covered by a public regional stormwater control program;

b.

Stormwater from the development drains to an existing or funded public regional engineered stormwater control structure which is proposed to be built and is part of said program;

c.

Participation is in the form of contribution of funds, contribution of land, contribution of engineered stormwater control structure construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the Town or in accordance with an intergovernmental agreement; and

d.

The technical review committee finds that the watershed development plan is in compliance with all other applicable requirements of this ordinance.

2.

Developments participating in a public regional stormwater control program are encouraged to maintain pre-development hydrology at the project site.

3.

Use of contributions. Each contribution from a development participating in a public regional engineered stormwater control structure program shall be used for acquisition, engineering, construction and/or maintenance of one or more such structures in the same water supply watershed in which development lies. The use of contributions for these purposes does not preclude the use or imposition of other revenue sources for these purposes.

(B)

Private regional stormwater control program.

1.

Where permitted. Participation in a private regional engineered stormwater control program is permitted where a private off-site stormwater control program has been established by one or more property owners and approved by the technical review committee. A development may participate in said program in lieu of any certification of runoff control required by this article, provided that:

a.

The development is within an area covered by an off-site engineered stormwater control structure;

b.

Runoff from the development drains to an existing engineered stormwater control structure;

c.

The parties agree to share the cost of any required maintenance and/or construction;

d.

The agreement runs with the property;

e.

The agreement is recorded with the county register of deeds in accordance with this article;

f.

The planning director finds that the watershed development plan is in compliance with all other applicable requirements of this ordinance.

2.

Developments participating in a private regional stormwater control program are encouraged to maintain pre-development hydrology at the project site.

19.22-1.

Watershed Variances.

(A)

Any person may petition the Town of Jamestown for a variance granting permission to use the person's land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of the following:

1.

Unnecessary hardships would result from strict application of this ordinance.

2.

The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property.

3.

The hardships did not result from actions taken by the petitioner.

4.

The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will secure public safety and welfare; and will preserve substantial justice.

(B)

The Town of Jamestown may impose reasonable and appropriate conditions and safeguards upon any variance it grants.

(C)

Statutory exceptions. Notwithstanding subdivision (A) of this section, exceptions from the 50-foot landward location of built-upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances:

1.

When there is a lack of practical alternatives for a road crossing, railroad crossing, greenway crossing, trail crossing, sidewalk crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.

2.

When there is a lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of BMPs.

3.

A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters.

(D)

Minor variances. The technical review committee shall review and decide requests for minor variances to the standards and restrictions pertaining to Watershed Protection Overlay Districts. In order to approve a requested minor variance, the technical review committee shall make findings of fact identical to those specified in Section 19.22-1(A).

The technical review committee may attach conditions to the minor variance approval that support the purpose of this ordinance. In addition, in the case of water supply watersheds, the town shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the applicable designated watershed and the entity using the water supply for consumption where the minor variance is being considered.

(E)

Major variances. Requests for major variances to the standards and restrictions pertaining to Article 19 (Watershed Protection) shall be to the N.C. Environmental Management Commission (EMC), following review and favorable recommendation by town council and after review and recommendation by the technical review committee in accordance with the procedure set forth above. The major variance request shall be forwarded to the EMC with a report containing the findings of fact for town council's favorable recommendation, conclusions of law, a recommended decision, recommended conditions and a record of the Council's hearing of the request. Requests for major variances that do not receive a favorable recommendation shall be deemed denied and shall not be forwarded to the EMC.

(F)

Annual report of watershed variances. The planning director shall keep a record of all watershed variances and this record shall be submitted for each calendar year to the North Carolina Division of Water Quality in accordance with Section 19.19, Watershed Variances and Modifications.

(G)

Conditions. In approving a watershed variance, the technical review committee may prescribe such reasonable and appropriate conditions and safeguards as will assure that the use of the property will be compatible with surrounding properties and will not alter the essential character of the neighborhood. Violations of conditions and safeguards that are part of the terms of a variance shall be deemed a violation of this ordinance.

(H)

Appeals. Appeals may be made pursuant to Section 19.18, Appeals.

(I)

Duration. An approved watershed variance is part of an approved plan and shall have the same duration as the plan approval.

19.22-2.

Watershed Modifications.

(A)

Purpose. Recognizing that it is sometimes possible to provide equal or better performance in furtherance of the purposes of this ordinance through use of means other than those specified herein, the town council finds it to be reasonably necessary and expedient that provisions be made for flexibility in administration of specified standards in this ordinance.

(B)

Application. Proposed modifications of certain standards as applied to particular developments are properly evaluated only in conjunction with technical review of a site plan, subdivision plat, or watershed control plan. The modifications being applied for shall be portrayed on such plans and shall be approved, approved with conditions, or denied along with the approval or denial of such plans. To obtain approval of a modification, the burden shall be upon the developer or property owner to demonstrate that the alternate standards portrayed on the plan will yield equal or better performance in furtherance of the purposes of this ordinance.

(C)

Approval body. Recognizing that the evaluation of proposed alternate means intended to offer equal or better performance normally requires technical expertise and is best accomplished in conjunction with review of development plans, the town council hereby designates the technical review committee to be the appropriate planning agency to approve modifications, except as otherwise provided in this section.

(D)

Watershed modifications. Where the technical review committee is authorized to grant modifications to Article 19, Watershed Protection, to accept an alternate means of accomplishing the purposes of this ordinance, then such modifications shall only apply to provisions of this ordinance that are more stringent than the state minimum watershed requirements. Where such requirements are State minimum requirements, then a departure from the requirements of this ordinance shall only be considered per the requirements of Section 19.19, Watershed Variances and Modifications.

(E)

Grounds for modification. In considering modifications, the technical review committee shall determine that the modification request meets one or more of the following findings:

1.

Equal or better performance. A finding by the technical review committee that equal or better performance in furtherance of the purposes of this ordinance will result from the alternate standards portrayed on the plan constitutes grounds for approval of a modification. The evaluation of performance shall be made with regard to one purpose if only one purpose is affected. If performance with regard to more than one purpose is affected, the evaluation shall be made with regard to overall performance in furtherance of the purposes of this ordinance. If an alternate standard as portrayed on the plan reduces performance with regard to one or more ordinance purposes but produces a concomitant and counterbalancing superiority of performance with regard to one or more other purposes, a modification may be approved.

2.

Physical constraints. A finding by the technical review committee that the size, topography, or existing development of the property or of adjoining areas prevents conformance with a standard constitutes grounds for approval of a modification.

3.

Other constraints. A finding by the technical review committee that a federal, state or local law or regulation prevents conformance with a standard constitutes grounds for approval of a modification.

(F)

Conditions. In approving a modification, the technical review committee may prescribe such reasonable and appropriate conditions and safeguards as will assure that the use of the property will be compatible with surrounding properties and will not alter the essential character of the neighborhood and will support the purposes of this ordinance being maintained. Violations of conditions and safeguards that are part of the terms of modification approval shall be deemed a violation of this ordinance.

(G)

Appeals. Appeals may be made pursuant to Section 19.18, Appeals.

(H)

Duration. An approved modification or watershed variance is part of an approved plan and shall have the same duration as the plan approval.

(A)

Function of BMPs as intended. The owner of each structural BMP installed pursuant to this ordinance 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 structural BMP was designed.

(B)

Periodic maintenance inspection and report. Generally, the Town of Jamestown will make a periodic inspection of structural BMPs to ensure compliance with this ordinance. It shall be the responsibility of the person responsible for maintenance of any structural BMP installed pursuant to this ordinance to submit to the stormwater administrator an annual 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 North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following:

1.

The name and address of the landowner;

2.

The recorded book and page number of the lot of each structural BMP;

3.

A statement that an inspection was made of all structural BMPs;

4.

The date the inspection was made;

5.

A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; and

6.

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.

(A)

In general. Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, 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 structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement. (Typically referred to as a property owner's agreement or homeowner's agreement)

The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of Jamestown 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 structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the Town of Jamestown to assume responsibility for the structural BMP.

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.

(B)

Special requirement for homeowners' and other associations. For all structural BMPs required pursuant to this ordinance 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:

1.

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

2.

Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town of Jamestown, in its sole discretion, may remedy the situation, and in such instances the Town of Jamestown 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 structural BMPs, provided that the Town of Jamestown shall first consent to the expenditure.

3.

The Town of Jamestown recommends that both developer contribution and annual sinking funds should fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer should pay into the escrow account an amount equal to 15 percent of the initial construction cost of the structural BMPs, based on a cost estimate from a professional engineer (signed and sealed by the engineer). Two-thirds of the total amount of sinking fund budget should be deposited into the escrow account within the first five years and the full amount should be deposited within ten years following initial construction of the structural BMPs. Funds should be deposited each year into the escrow account. A portion of the annual assessments of the association should include an allocation into the escrow account. Any funds drawn down from the escrow account should be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4.

The percent of developer contribution and lengths of time to fund the escrow account may be varied by the engineer's cost estimate, depending on the design and materials of the stormwater control and management facility.

5.

Granting to the Town of Jamestown a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6.

Allowing the Town of Jamestown to recover from the association and its members any and all costs the Town of Jamestown expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Jamestown all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement. In case of a deficiency, the Town of Jamestown 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.

7.

A statement that this agreement shall not obligate the Town of Jamestown to maintain or repair any structural BMPs, and the Town of Jamestown shall not be liable to any person for the condition or operation of structural BMPs.

8.

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

9.

A provision indemnifying and holding harmless the Town of Jamestown for any costs and injuries arising from or related to the structural BMP, unless the Town of Jamestown 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.

10.

HOA/POA documents shall also address how the required buffers shall be maintained and preserved.

19.25-1.

Inspection Program.

Inspections and inspection programs by the Town of Jamestown 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.

The Town of Jamestown reserves the right to require owners to hire a registered professional engineer licensed to operate in N.C. for the purposes of inspecting devices in the event that the Town of Jamestown cannot access the BMP or for the purposes of certified sediment levels, soil medium efficiency, or other requirements to ensure that the BMP is operating as designed.

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.

19.25-2.

Performance Security For Installation and Maintenance.

(A)

May be required. The Town of Jamestown 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 structural BMPs are:

1.

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

2.

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

(B)

Amount.

1.

Installation. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus a contingency amount to be determined by the Town of Jamestown, not to exceed 150 percent of the total project cost.

2.

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 costs 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. This estimate shall be based on a cost estimate prepared (and signed and sealed) by a professional engineer licensed to operate in North Carolina.

Note: Some annual maintenance cost estimates for BMPs in North Carolina are available in Wassick and Hunt, "An Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North Carolina," N.C. Extension Service, available online as of 3/16/05 at http://www.bae.ncsu.edu/people/faculty/hunt/bmpcosts&benefits.pdf. Uses of Performance Security.

3.

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 ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance.

4.

Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP 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 Town of Jamestown shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

5.

Costs in excess of performance security. If the Town of Jamestown takes action upon such failure by the applicant or owner, the Town of Jamestown 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.

6.

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 percent contingency) of ongoing construction associated with the BMPs covered by the security (i.e., Landscaping). Any such ongoing construction or landscaping shall be inspected within six months after installation for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.

19.25-3.

Notice To Owners.

(A)

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 structural BMP and required buffers 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.

19.25-4.

Records of Installation and Maintenance Activities.

The owner of each structural BMP should 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.

19.25-5.

Nuisance.

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

19.25-6.

Maintenance Easement.

Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by an access easement. The easement shall be recorded on a final plat at the county register of deeds.

(A)

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

(B)

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

(C)

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

(D)

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, practice, or condition in violation of this ordinance 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 ordinance, or fails to take appropriate action, so that a violation of this ordinance 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:

1.

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 ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists.

2.

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, development or redevelopment of the property.

19.26-1.

Remedies and Penalties.

The remedies and penalties provided for violations of this ordinance, 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 ordinance continues and remains uncorrected, the stormwater administrator or other authorized agent may withhold, and the Town of Jamestown Planning Board, Town Council, and/or TRC may disapprove, any request for permit or development approval or authorization provided for by this ordinance or the Town of Jamestown Land Development Ordinance for the land on which the violation occurs.

c.

Injunction, abatements, etc.. The stormwater administrator, with the written authorization of the town manager, 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 ordinance. Any person violating this ordinance 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 and is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the stormwater administrator, with the authorization of the town manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.

e.

Stop work order. The stormwater administrator may issue a stop work order to the person(s) violating this ordinance. The stop work or "notice of violation" order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.

2.

Civil penalties. Violations of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of penalty to which the Town of Jamestown is subject for violations of its Phase II Stormwater permit, or if no Phase II Stormwater permit exists for the jurisdiction, civil penalties may be assessed up to the full amount allowed by law.

19.26-2.

Procedures.

(A)

Initiation/complaint. Whenever a violation of this ordinance 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.

(B)

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 ordinance.

(C)

Notice of violation and order to correct. When the stormwater administrator finds that any building, structure, or land is in violation of this ordinance, the stormwater administrator shall notify, in writing, the property owner or other person violating this ordinance. 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 personally, by the zoning enforcement officer, by certified or registered mail, return receipt requested, or 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 ordinance to correct and abate the violation and to ensure compliance with this ordinance.

(D)

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 180 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 ordinance. 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.

(E)

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. If the violation is not corrected, the stormwater administrator may act to impose one or more of the remedies and penalties authorized by this ordinance.

(F)

Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance 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 article.

The purpose of the Town of Jamestown in adopting the following ordinance is to protect and preserve existing riparian buffers throughout all watersheds including, but not limited to, the Randleman Lake Watershed as generally described in Rule 15A NCAC 02B.0250 (Randleman Lake Water Supply Watershed: Nutrient Management Strategy), in order to maintain their nutrient removal and stream protection functions. Additionally, this ordinance will help protect the water supply uses of all bodies of water in each watershed within the Town of Jamestown's jurisdiction.

Buffers adjacent to streams provide multiple environmental protection and resource management benefits. Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal. They also help to minimize flood damage in flood prone areas. Well-vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment-bound pollutants such as phosphorous from reaching the streams.

19.27-1.

Jurisdiction.

This ordinance shall be applied to all land in the planning jurisdiction of the Town of Jamestown that is located within a water supply watershed.

19.27-2.

Applicability.

This ordinance applies to all landowners and other persons conducting activities in the area described in Section 19.27-1, with the exception of activities conducted under the authority of the State, the United States, multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The N.C. Division of Water Quality shall administer the requirements for protection of existing riparian buffers and mitigation of existing riparian buffers for these activities.

19.27-3.

Relation to Other Ordinances.

The requirements of this ordinance shall supersede all locally implemented buffer requirements as applied to WS-II, WS-III, and WS-IV waters. If the provisions of this ordinance otherwise conflict with the provisions of any other validly enforceable ordinance(s) or laws, the most stringent provisions shall control. This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision of law.

19.27-4.

Riparian Area Protection Within Watersheds.

(A)

Buffers protected. The following minimum criteria shall be used for identifying regulated buffers:

1.

This ordinance shall apply to activities conducted within 50-foot-wide riparian buffers directly adjacent to surface waters in any watershed (intermittent streams, perennial streams, lakes, reservoirs, ponds and specified ditches), excluding wetlands.

2.

Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.

3.

For the purpose of this ordinance, surface waters shall be subject to the requirements of this ordinance if they are approximately shown on any of the following references, or if there is other site-specific evidence that indicates to the Town of Jamestown the presence of waters not shown on any of these maps:

a.

The most recent version of the hardcopy soil survey maps prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.

b.

The most recent version of the United States Geologic Survey (USGS) 1:24,000 scale (7.5 minute) quadrangle topographic maps.

c.

A map approved by the Geographic Information Coordinating Council and by the N.C. Environmental Management Commission. Prior to approving a map under this item, the Commission shall provide a 30-day public notice and opportunity for comment.

A map developed by the local government and approved by the N.C. Environmental Management Commission per 15A NCAC 02B .0250(4)(c).

Where the specific origination point of a stream regulated under this item is in question, upon request of the N.C. Division of Water Quality or another party, the Town of Jamestown shall make an on-site determination. A Town of Jamestown representative who has successfully completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall establish that point using the latest version of the Division publication, Identification Methods for the Origins of Intermittent and Perennial Streams, v 3.1 February 28, 2005 available at: https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/PDU/Headwater%20Streams/NC%20Stream%20ID%20Manual___Ver%203.1.pdf or from the N.C. Division of Water Quality—401 Oversight Express Permitting Unit, or its successor. The Town of Jamestown may accept the results of a site assessment made by another party who meets these criteria. Any disputes over on-site determinations made according to this Item shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The director's determination is subject to review as provided in Articles 3 and 4 of G.S. ch. 150B.

4.

Riparian buffers protected by this ordinance shall be measured pursuant to Section 19.27-4(D) of this ordinance.

5.

Parties subject to this ordinance shall abide by all state rules and laws regarding waters of the state including, but not limited to, Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.

(B)

Exemption based on on-site determination. When a landowner or other affected party, including the division, believes that the maps have inaccurately depicted surface waters, he or she shall consult the Town of Jamestown. Upon request, a Town of Jamestown representative who has successfully completed the division of water quality's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the division, shall make an on-site determination. The Town may also accept the results of site assessments made by other parties who have successfully completed such training. Any disputes over on-site determinations shall be referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. A determination by the director as to the accuracy or application of the maps is subject to review as provided in G.S. ch. 150B arts. 3 and 4. Surface waters that appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the following cases:

1.

Ditches and manmade conveyances, to include manmade stormwater conveyances, other than modified natural streams, unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream.

2.

Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the most recent versions of the United States Geological Survey 1:24,000 scale (7.5-minute quadrangle) topographic maps, hard-copy soil survey maps, or other EMC approved stream maps where no perennial waterbody, intermittent waterbody, lake, pond or estuary actually exists on the ground.

3.

Ephemeral streams.

4.

Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a natural drainage way that is classified in accordance with 15A NCAC 02B .0100. Ponds are part of the natural drainage way when they are hydrologically connected (i.e., the pond is fed by an intermittent or perennial stream) or when they have a direct discharge point to an intermittent or perennial stream.

(C)

Exemption when existing uses are present and ongoing. This ordinance shall not apply to uses that are existing and ongoing; however, this ordinance shall apply at the time an existing, ongoing use is changed to another use. Change of use shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:

1.

It was present within the riparian buffer as of the effective date of the original ordinance. This ordinance and has continued to exist since that time. Existing uses shall include agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems, any of which involve either specific, periodic management of vegetation or displacement of vegetation by structures or regular activity. Only the portion of the riparian buffer occupied by the footprint of the existing use is exempt from this ordinance. Change of ownership through purchase or inheritance is not a change of use. Activities necessary to maintain uses are allowed provided that the site remains similarly vegetated, no impervious surface is added within 50 feet of the surface water where it did not previously exist as of the effective date of this ordinance, and existing diffuse flow is maintained. Grading and revegetating Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised, the ground is stabilized, and existing diffuse flow is maintained.

2.

Projects or proposed development that are determined by the Town of Jamestown to meet at least one of the following criteria:

a.

Project requires a 401 Certification/404 Permit, and these were issued prior to the effective date this ordinance, and prior to the effective date of this ordinance.

b.

Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities, have begun construction or are under contract to begin construction and had received all required state permits and certifications prior to the effective date of this ordinance;

c.

Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the U.S. Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and have reached agreement with DENR on avoidance and minimization by the effective date of this ordinance; or

d.

Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the U.S. Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a finding of no significant impact has been issued for the project and the project has the written approval of the Town prior to the effective date of this ordinance.

(D)

Zones of the riparian buffer. The protected riparian buffer shall have two zones as follows:

1.

Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in the Table of Uses, Section 19.27-5(B) of this ordinance. The location of Zone One shall be as follows:

a.

For intermittent and perennial streams, Zone One shall begin at the top of the bank and extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top of the bank.

b.

For ponds, lakes and reservoirs located within a natural drainage way, Zone One shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to a vertical line marking the normal water level.

2.

Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided for in the Table of Uses, Section 19.27-5 (B) of this ordinance. Grading and revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised. Zone Two shall begin at the outer edge of Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two shall be 50 feet on all sides of the surface water.

(E)

Diffuse flow requirements. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows:

1.

Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff enters Zone Two of the riparian buffer;

2.

Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies; and

3.

As set out this ordinance, the Zones of the Riparian Buffer and Table of Uses respectively, no new stormwater conveyances are allowed through the buffers except for those specified in the Table of Uses, Section 19.27-5 of this ordinance, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances.

19.27-5.

Potential Uses and Associated Requirements.

(A)

Approval for new development. The Town of Jamestown shall issue an approval for new development only if the development application proposes to avoid impacts to riparian buffers defined in Section 19.27-4(A) of this ordinance, or where the application proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable:

1.

Determined the activity is exempt from requirements of this ordinance;

2.

Received an authorization certificate from the Town of Jamestown pursuant to Section 19.27-6(A) of this ordinance;

3.

For uses designated as allowable with mitigation in the Table of Uses in Section 19.27-5(B), received approval of mitigation plan pursuant to Section 19.27-6(C) of this ordinance; and

4.

Received a variance pursuant to Section 19.27-6(B).

B.

Table of Uses. The following chart sets out potential new uses within the buffer and categorizes them as exempt, allowable, or allowable with mitigation. All uses not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may not proceed within the riparian buffer or outside the buffer if the use would impact the buffer, unless a variance is granted pursuant to Section 19.27-6(B) of this ordinance, variances. The requirements for each category are given in Section 19.27-5(C) of this section following the Table of Uses.

* To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined for it in a given listing as well as the requirements established in Section 19.27-5 of this ordinance.

1.

Provided that:

□

No heavy equipment is used in Zone One.

□

Vegetation in undisturbed portions of the buffer is not compromised.

□

Felled trees are removed by chain.

□

No permanent felling of trees occurs in protected buffers or streams.

□

Stumps are removed only by grinding.

□

At the completion of the project the disturbed area is stabilized with native vegetation.

□

Zones One and Two meet the requirements of Section 19.27-4(D) and (E).

2.

Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the overhead utility lines shall require a no practical alternative evaluation by the Town as defined in Section 19.27-6(A).

□

A minimum zone of ten feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.

□

Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.

□

Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut.

□

Riprap shall not be used unless it is necessary to stabilize a tower.

□

No fertilizer shall be used other than a one-time application to re-establish vegetation.

□

Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state.

□

Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.

□

In wetlands, mats shall be utilized to minimize soil disturbance.

3.

Provided that poles or aerial infrastructure shall not be installed within ten feet of a water body unless the Town completes a no practical alternative evaluation as defined in Section 19.27-6(A).

4.

Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then the underground utility line shall require a no practical alternative evaluation by the Town, as defined in Section 19.27-6(A).

□

Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.

□

Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench where trees are cut.

□

Underground cables shall be installed by vibratory plow or trenching.

□

The trench shall be backfilled with the excavated soil material immediately following cable installation.

□

No fertilizer shall be used other than a one-time application to re-establish vegetation.

□

Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state.

□

Measures shall be taken upon completion of construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.

□

In wetlands, mats shall be utilized to minimize soil disturbance.

5.

Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.

(C)

Requirements for categories of uses. Uses designated in Section 19.27-5(B) of this section as exempt, allowable, and allowable with mitigation within a riparian buffer shall have the following requirements:

1.

Exempt. Uses designated as exempt are permissible without authorization by the Town provided that they adhere to the limitations of the activity as defined in Section 19.27-5(B) of this section, the Table of Uses. In addition, exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities.

2.

Allowable. Uses designated as allowable may proceed provided that there are no practical alternatives to the requested use pursuant to Section 19.27-6(A) of this section. This includes construction, monitoring, and maintenance activities. These uses require written authorization from the Town of Jamestown.

3.

Allowable with mitigation. Uses designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested use pursuant to Section 19.27-6(A) of this section and an appropriate mitigation strategy has been approved pursuant to Section 19.27-6(C). These uses require written authorization from the Town of Jamestown.

19.27-6.

Permits Procedures, Requirements, and Approvals.

(A)

Determination of no practical alternatives/request for authorization certificate.

1.

Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to the Town of Jamestown. The applicant shall certify that the project meets all the following criteria for finding "no practical alternatives":

a.

The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality;

b.

The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and

c.

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

2.

The applicant shall also submit at least the following information in support of their assertion of "no practical alternatives":

a.

The name, address and phone number of the applicant;

b.

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

c.

The location of the activity, including the jurisdiction;

d.

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

e.

An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and

f.

Plans for any best management practices proposed to be used to control the impacts associated with the activity.

3.

Within 60 days of a submission that addresses Section 19.27-6(A)(2), the Town of Jamestown shall review the entire project and make a finding of fact as to whether the criteria in Section 19.27-6(A)(1) of this section have been met. A finding of "no practical alternatives" shall result in issuance of an authorization certificate. Failure to act within 60 days shall be construed as a finding of "no practical alternatives" and an authorization certificate shall be issued to the applicant unless one of the following occurs:

a.

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

b.

The Town determines that the applicant has failed to furnish requested information necessary to the town decision;

c.

The final decision is to be made pursuant to a public hearing; or

d.

The applicant refuses access to its records or premises for the purpose of gathering information necessary to the Town's decision.

4.

The Town may attach conditions to the authorization certificate that support the purpose, spirit and intent of this ordinance.

5.

Any appeals of determinations regarding authorization certificates shall be referred to the Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit, or its successor. The director's decision is subject to review as provided in G.S. ch. 150B arts. 3 and 4.

(B)

Variances.

1.

Requirements for variances. Persons who wish to undertake prohibited uses may pursue a variance. The Town of Jamestown may grant minor variances. For major variances, the Town of Jamestown shall prepare preliminary findings and submit them to the Division of Water Quality, 401 Oversight Express Permitting Unit, or its successor for approval by the environmental management commission. The variance request procedure shall be as follows:

a.

For any variance request, the Town of Jamestown shall make a finding of fact as to whether there are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require that the following conditions be met:

i.

Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

ii.

The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability.

iii.

The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance is not a self-created hardship.

iv.

The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured, and substantial justice is achieved.

2.

Minor variances. A minor variance request pertains to activities that will impact only Zone Two of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in Section 19.27-6(A)(1) through Section 19.27-6(A)(3) by the Town pursuant to G.S. § 160D-705(d). The Town may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for appeals to decisions made by the Town shall be made in writing to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor. The director's decision is subject to review as provided in G.S. ch. 150B arts. 3 and 4.

3.

Major variances. A major variance request pertains to activities that will impact any portion of Zone One or any portion of both Zones One and Two of the riparian buffer. If the Town of Jamestown has determined that a major variance request meets the requirements in Section 19.27-6(B)(1), then it shall prepare a preliminary finding and submit it to the N.C. Environmental Management Commission c/o the Division of Water Quality, 401 Oversight Express Permitting Unit, or its successor, for approval. Within 90 days after receipt by the Town, the commission shall review preliminary findings on major variance requests and take one of the following actions: approve, approve with conditions and stipulations, or deny the request. Appeals from a commission decision on a major variance request are made on judicial review to superior court.

(C)

Mitigation.

1.

Application. This item shall apply to persons who wish to impact a riparian buffer in the Randleman Lake watershed when one of the following applies:

a.

A person has received an authorization certificate pursuant to Section 19.27-6(A) of this ordinance for a proposed use that is designated as "allowable with mitigation"; or

b.

A person has received a variance pursuant to Section 19.27-6(B) of this ordinance and is required to perform mitigation as a condition of a variance approval.

2.

Issuance of the mitigation approval. The Town of Jamestown shall issue a mitigation approval upon determining that a proposal meets the requirements set out in this ordinance. The approval shall identify at a minimum the option chosen, the required and proposed areas, and either the mitigation location or the offset payment amount as applicable.

3.

Options for meeting the mitigation requirement. The mitigation requirement may be met through one of the following options:

a.

Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0269 (as referenced in 15A NCAC 02B .0252(7)) contingent upon acceptance of payments by the N.C. Ecosystem Enhancement Program, or to a private mitigation bank that complies with banking requirements of the US Army Corps of Engineers, currently set out at http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.html or from the U.S. Army Corps of Engineers, P.O. Box 1890, Wilmington, NC, 28402-1890, and the applicable trading criteria in Rule 15A NCAC 02B .0273;

b.

Donation of real property or of an interest in real property pursuant to Section 19.27-6(C)(6) of this ordinance; or

c.

Restoration or enhancement of a non-forested riparian buffer pursuant to the requirements of Section 19.27-6(C)(7) of this ordinance.

4.

The area of mitigation. The Town of Jamestown shall determine the required area of mitigation, which shall apply to all mitigation options identified in Section 19.27-6(C)(3) of this ordinance and as further specified in the requirements for each option set out in this section, according to the following:

a.

The impacts in square feet to each zone of the riparian buffer shall be determined by the Town of Jamestown by adding the following:

i.

The area of the footprint of the use causing the impact to the riparian buffer;

ii.

The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use; and

iii.

The area of any ongoing maintenance corridors within the riparian buffer associated with the use.

b.

The required area of mitigation shall be determined by applying the following multipliers to the impacts determined in Section 19.27-6(4)(a) of this ordinance to each zone of the riparian buffer:

i.

Impacts to Zone One of the riparian buffer shall be multiplied by three;

ii.

Impacts to Zone Two of the riparian buffer shall be multiplied by one and one-half; and

iii.

Impacts to wetlands within Zones One and Two of the riparian buffer that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC 2H .0506.

5.

The location of mitigation. For any option chosen, the mitigation effort shall be located within the Randleman Lake watershed, as defined in 15A NCAC 02B. 0249, and the same distance and upstream from the Randleman Lake Reservoir as the proposed impact, or closer to and upstream of the Reservoir than the impact, and as close to the location of the impact as feasible.

Alternatively, the applicant may propose mitigation anywhere within the Randleman Lake watershed, as defined in 15A NCAC 02B. 0249, provided that the mitigation proposal accounts for differences in delivery of nutrients to the Randleman Lake Reservoir resulting from differences between the locations of the buffer impact and mitigation. Additional location requirements for the property donation option are enumerated in Section 19.27-6(C)(6)(c)(i) of this ordinance.

6.

Donation of property. Persons who choose to satisfy their mitigation determination by donating real property or an interest in real property shall meet the following requirements:

a.

The donation of real property interests may be used to either partially or fully satisfy the payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0252. The value of the property interest shall be determined by an appraisal performed in accordance with Section 19.27-6(C)(6)(d)(iv) of this ordinance. The donation shall satisfy the mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee calculated pursuant to 15A NCAC 02B .0252, the applicant shall pay the remaining balance due.

b.

The donation of conservation easements to satisfy compensatory mitigation requirements shall be accepted only if the conservation easement is granted in perpetuity.

c.

Donation of real property interests to satisfy the mitigation determination shall be accepted only if such property meets all of the following requirements:

i.

In addition to the location requirements of Section 19.27-6(C)(5) of this ordinance, the property shall be located within an area that is identified as a priority for restoration in, or is otherwise consistent with the goals of, the Basinwide Wetlands and Riparian Restoration Plan for the Cape Fear River Basin developed by N.C. Division of Water Quality pursuant to G.S. § 143-214.10;

ii.

The property shall contain riparian buffers not currently protected by the state's riparian buffer protection program that are in need of restoration as defined in Section 19.27-6(7)(d) of this ordinance;

iii.

The restorable riparian buffer on the property shall have a minimum length of 1,000 linear feet along a surface water and a minimum width of 50 feet as measured horizontally on a line perpendicular to the surface water;

iv.

The size of the restorable riparian buffer on the property to be donated shall equal or exceed the area of mitigation responsibility determined pursuant to Section 19.27-6(C)(4) of this ordinance;

v.

Restoration shall not require removal of man-made structures or infrastructure;

vi.

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

vii.

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

viii.

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

ix.

The property shall not contain any hazardous substance or solid waste;

x.

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

xi.

The property and adjacent properties shall not have prior, current, and known future land use that would inhibit the function of the restoration effort; and

xii.

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

d.

At the expense of the applicant or donor, the following information shall be submitted to the Town of Jamestown with any proposal for donations or dedications of interest in real property:

i.

Documentation that the property meets the requirements laid out in Section 19.27-6(C)(6)(c) of this ordinance;

ii.

U.S. Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road map showing the location of the property to be donated along with information on existing site conditions, vegetation types, presence of existing structures and easements;

iii.

A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors in "Standards of Practice for Land Surveying in North Carolina." Copies may be obtained from the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, 3620 Six Forks Road, Suite 300, Raleigh, North Carolina 27609;

iv.

A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property Office as identified by the Appraisal Board in the "Uniform Standards of Professional North Carolina Appraisal Practice." Copies may be obtained from the Appraisal Foundation, Publications Department, P.O. Box 96734, Washington, D.C. 20090-6734; and

v.

A title certificate.

7.

Riparian buffer restoration or enhancement. Persons who choose to meet their mitigation requirement through riparian buffer restoration or enhancement shall meet the following requirements:

a.

The applicant may restore or enhance a non-forested riparian buffer if either of the following applies:

i.

The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to Section 19.27-6(C)(4) of this ordinance; or

ii.

The area of riparian buffer enhancement is three times larger than the required area of mitigation determined pursuant to Section 19.27-6(C)(4) of this ordinance;

iii.

The location of the riparian buffer restoration or enhancement shall comply with the requirements in Section 19.27-6(C)(5) of this ordinance;

iv.

The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as measured horizontally on a line perpendicular to the surface water;

v.

Enhancement and restoration shall both have the objective of establishing a forested riparian buffer according to the requirements of this item. Enhancement shall be distinguished from restoration based on existing buffer conditions. Where existing trees are sparse, that is greater than or equal to 100 trees per acre but less than 200 trees per acre, a buffer may be enhanced. Where existing woody vegetation is absent, that is less than 100 trees per acre, a buffer may be restored;

b.

The applicant shall first receive an authorization certificate for the proposed use according to the requirements of Section 19.27-6(A) of this ordinance. After receiving this determination, the applicant shall submit a restoration or enhancement plan for approval by the Town. The restoration or enhancement plan shall contain the following:

i.

A map of the proposed restoration or enhancement site;

ii.

A vegetation plan. The vegetation plan shall include a minimum of at least two native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity;

iii.

A grading plan. The site shall be graded in a manner to ensure diffuse flow through the riparian buffer;

iv.

A fertilization plan; and

v.

A schedule for implementation;

vi.

Within one year after the Town of Jamestown has approved the restoration or enhancement plan, the applicant shall present proof to Town of Jamestown that the riparian buffer has been restored or enhanced. If proof is not presented within this timeframe, then the person shall be in violation of both the state's and the Town of Jamestown's riparian buffer protection program;

vii.

The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the property's nutrient removal functions; and

viii.

The applicant shall submit annual reports for a period of five years after the restoration or enhancement showing that the trees planted have survived and that diffuse flow through the riparian buffer has been maintained. The applicant shall replace trees that do not survive and restore diffuse flow if needed during that five-year period.

19.27-7.

Compliance and Enforcement.

(A)

Site inspections.

1.

Agents, officials, or other qualified persons authorized by the Town of Jamestown may periodically inspect riparian buffers to ensure compliance with this ordinance.

2.

Notice of the right to inspect shall be included in the letter of approval of each variance and buffer authorization.

3.

Authority to enter property and conduct investigations and inspections. Authorized agents, officials or other qualified persons shall have the authority, upon presentation of proper credentials, to enter and inspect at reasonable times any property, public or private, for the purpose of investigating and inspecting the site of any riparian buffer. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the Town of Jamestown, while that person is inspecting or attempting to inspect a riparian buffer nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. The Town of Jamestown shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this ordinance.

4.

Notice of violation.

a.

If it is determined that a person has failed to comply with the requirements of this ordinance, or rules, or orders adopted or issued pursuant to this ordinance, a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. § 1A-1, rule 4. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil Procedure.

b.

The notice shall specify the violation and inform the person of the actions that need to be taken to comply with this ordinance, or rules or orders adopted pursuant to this ordinance. The notice shall direct the person to correct the violation within a specified reasonable time. The notice shall inform the person that any person who violates or fails to act in accordance with any of the provisions of this ordinance or rules or orders adopted or issued pursuant to this ordinance is subject to the civil and criminal penalties and other enforcement actions as provided in this ordinance.

5.

Power to require statements. The Town of Jamestown shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities.

(B)

Civil penalties.

1.

Assessment of penalties. Any person who violates or fails to act in accordance with any of the provisions of this ordinance or rules or orders adopted or issued pursuant to this ordinance shall be subject to a civil penalty. A civil penalty for a violation may be assessed in an amount not to exceed $10,000.00) per day. If any violation for which a penalty may be assessed is continuous, a civil penalty may be assessed for each day of the violation in an amount not to exceed $25,000.00) per day for as long as the violation occurs. Each day of a continuing violation shall constitute a separate violation under Section 19.27-7(B)(1).

2.

Notice of civil penalty assessment. The governing body of the Town of Jamestown shall provide written notice of the civil penalty amount and the basis for the assessment to the person assessed. The notice of civil penalty assessment shall be served by any means authorized under G.S. § 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment by written demand for a hearing.

3.

Hearing. A hearing on the civil penalty shall be conducted by the Town of Jamestown board of adjustment within 30 days after the date the written demand for the hearing is received by the enforcement officer. The board of adjustment shall make its recommendation to the town council of the Town within 30 days after the date of the hearing.

4.

Final decision. The town council shall issue a final decision on the civil penalty within 30 days of the recommended decision. A copy of the final decision shall be served on the violator by any means authorized under G.S. § 1A-1, Rule 4.

5.

Appeal of final decision. Appeal from the final decision of the town council shall be to the superior court of the county in which the violation occurred. Any appeal must be filed within 30 days of receipt of the final decision. A copy of the appeal must be served on the town manager by any means authorized under G.S. § 1A-1, Rule 4.

6.

Demand for payment of penalty. An assessment that is not contested is due when the violator is served with a notice of assessment. The civil penalty must be paid within 30 days or the assessment, if not appealed, or within 30 days after the conclusion of the administrative or judicial review of the assessment. If payment is not received within 30 days after demand for payment is made, the Town of Jamestown may institute a civil action to recover the amount of the assessment. The civil action may be brought in the superior court where the violation occurred, or the violator's residence or principal place of business is located. Such civil actions must be filed within three years of the date the assessment was due.

(C)

Reserved.

(D)

Injunctive relief.

1.

Civil action in superior court. Whenever the governing body of the Town of Jamestown has reasonable cause to believe that any person is violating or threatening to violate this ordinance or any rule or order adopted or issued pursuant to this ordinance, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the Town of Jamestown for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Guilford County.

2.

Order to cease violation. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this ordinance.

(E)

Compliance with requirements. Any person engaged in new activities as defined by this ordinance who fails to meet the requirements of this ordinance shall be deemed in violation of this ordinance.

19.27-8.

Severability.

If any one or more sections or portions thereof of this ordinance are held to be invalid or unenforceable, all other sections and portions thereof shall nevertheless continue in full force and effect.

19.27-9.

Effective Date.

This ordinance will become effective upon approval by the N.C. Environmental Management Commission and adoption by the Town of Jamestown Town Council.

19.27-9.

Revisions to this ordinance.

The Town of Jamestown shall review any revisions to the Local Riparian Buffer Protection Ordinance made by the Division of Water Quality and, within 60 days of receipt of the recommended revisions, submit draft amendments to the DWQ for its consideration and comments. Within 90 days after receipt of the DWQ's comments, the Town will incorporate amendments into this ordinance.

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

Drainage and watershed protection:

Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.

Animal unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Best management practice (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured from the normal pool elevation of impounded structures and from the top of bank of each side of streams or river.

Built-upon area. That portion of a development project that is covered by impervious or partially impervious cover to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil including buildings, pavement, recreation facilities (e.g., tennis courts), etc. (Note: Slatted decks and the water area of a swimming pool are not considered built-upon area.)

Channelization. Any improvements or other construction activity which occurs within or in the vicinity of an existing natural drainageway or perennial stream which directs or relocates said waterway along some desired course, by increasing its depth or by the use of piping or any other manmade storm drainage structures.

Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes non-residential development as well as single-family subdivisions and multi-family developments that do not involve the subdivision of land.

Completed. Work has progressed to the point that, in the opinion of the enforcement officer, it is sufficiently completed in accordance with the approved plans and specifications that the work can be utilized for its intended purposes. For permanent runoff control structures this generally means that the following have been accomplished:

(1)

The dam has been constructed to the approved lines and grades; (2) all slopes have been fine graded, seeded, mulched, fertilized, and tacked to establish permanent ground cover; (3) principal and emergency spillways have been installed at the approved elevations and dimensions; and (4) permanent velocity controls on the inlet and outlet pipes and channels have been installed.

Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations are deposited.

Critical area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Since WS-I watersheds are essentially undeveloped, establishment of a critical area in not required. Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.

Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

Discharging landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.

Domestic wastewater discharge. The discharge of sewage, nonprocess industrial wastewater, other domestic wastewater, or any combination of these items. It includes liquid waste generated by domestic water-using fixtures and appliances from any residence, place of business, or place of public assembly even if it contains no sewage. Examples of domestic wastewater include once-through noncontact cooling water, seafood packing facility discharges, and wastewater from restaurants.

Drainage, dispersed. Drainage spread out, as opposed to collected in channels, so as to effect increased sheet flow and overland flow.

Drainage, enhanced. Drainage carried by existing natural drainage ways which have been enhanced to resist soil erosion and stream bank degradation. An enhanced natural drainageway is achieved with the installation of an engineered measure (i.e., netting, riprap) which will resist soil erosion and allow infiltration within the natural drainageway.

Drainageway. Any natural or manmade channel that carries surface runoff from precipitation.

Drainageway, improved. Drainage channeled by impervious surfaces such as curb and gutter or concrete channels.

Drainageway, protected. Drainage channeled by pervious devices such as sod waterways, berms, channels, or swales which have been stabilized with vegetation, riprap, or a combination of these, to resist soil erosion.

Drainageway and open space area, dedicated. The area designated for floodplain and open space purposes on a recorded subdivision plat and thereby dedicated to the public for such purposes and, where approved by the Town, for utilities.

Dry detention pond. A pond which collects stormwater runoff, holds the water, and releases it slowly over a period of hours or days. It does not have a permanent pool and is sometimes referred to as a dry pond or wet weather pond.

Enforcement officer. The town manager of Jamestown or his designee who is responsible for administering and enforcing the watershed protection provisions adopted by the Town.

Existing development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning based on at least one of the following criteria:

a.

Substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or

b.

Having a valid outstanding building permit; or

c.

Having an approved site specific or phased development plan in compliance with G.S. ch. 160D-108.

Existing lot (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this ordinance, (if located in the Randleman Lake Watershed) or a lot described by metes and bounds, the description of which has been so recorded prior to October 1, 1993.

Gravel. The Town of Jamestown, in recognition of Section 45 of S.L. 2014-120, recognizes the fact that the N.C. Department of Environment and Natural Resources and the Environmental Management Commission may no longer define "gravel." Therefore, it becomes necessary for the Town of Jamestown to define such surface treatments.

Gravel shall be defined as a clean or washed, loose, uniformly graded aggregate of stones from a lower limit of 0.08 inches to an upper limit of 3.0 inches in size. "Gravel" meeting this definition shall be considered a pervious surface from the effective date of this ordinance forward. Existing sites which were developed with gravel prior to the effective dates of the watershed ordinance (July 1, 1993 in all watersheds EXCEPT Randleman GWA and WCA where the effective date is January 1, 2000), or on a previously approved watershed site plan, may treat gravel as existing built-upon area for the purposes of built-upon area calculations.

Hazardous material. Any material listed as such in: Superfund Amendments and Reauthorization Act (SARA) section 302 Extremely Hazardous Substances (42 USC 1100 et seq.); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Hazardous Substances (42 USC 9601 et seq.); or section 311 of the Clean Water Act, as amended (CWA) (33 USC 1251 et seq.; oil and hazardous substances) hereby incorporated by reference including any subsequent amendments and editions.

Impervious surface. Improvements including street pavement, driveways, buildings, and other structures which cover the soil surface and prevent infiltration of water into the soil.

Industrial development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.

Industrial discharge. The discharge of industrial process treated wastewater or wastewater other than sewage and including, but not limited to:

a.

Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource;

b.

Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants;

c.

Stormwater contaminated with industrial wastewater; and

d.

Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program.

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. ch. 130A art. 9. For the purpose of these watershed provisions, this term does not include composting facilities.

Major watershed variance. A variance from the minimum statewide watershed protection 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.

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

New development. Any land-disturbing activity which adds to or changes the amount of built upon area. (This definition applies only with respect to watershed protection regulations.)

Nonprocess discharge. Industrial effluent not directly resulting from the manufacturing process. An example is noncontact cooling water from a compressor.

Perennial and intermittent streams. Those streams (and rivers), with associated lakes and ponds as indicated on the following:

a.

On the most recent version of the United States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographical map;

b.

On the most recent version of the Soil Survey of Davidson County, Forsyth County, Guilford County, or Randolph County developed by the United States Department of Agriculture (USDA) Natural Resource Conservation Service (formerly the USDA Soil Conservation Service);

c.

By other site-specific evidence that indicates to the North Carolina Division of Water Quality (DWQ) the presence of such waters not shown on either of these two maps or evidence that no actual stream or waterbody exists;

d.

Or by inspection by a qualified professional.

Protected drainageway (channel). Where drainage is channeled by pervious devices such as sod waterways, berms, channels or swales which have been constructed to resist soil erosion by either vegetating, netting, riprapping, or a combination of those, and which allows infiltration of water into the soil.

Required drainage channel. The theoretical stream bed section which is required to carry and discharge the runoff from a 100-year storm.

Residential development. Buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations.

Residential, single family. Any development where: 1) no building contains more than one dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than one dwelling unit.

Retention pond. A pond that has a permanent pool.

Runoff detention equal to minimum requirements. Velocity control of runoff.

Sludge. Any solid or semisolid waste generated from a wastewater treatment plant, water treatment plant, or air pollution control facility permitted under authority of the North Carolina Environmental Management Commission.

Stabilizing vegetation. Any vegetation that prevents accelerated soil erosion.

Storm, 100-year. The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 100 years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

Storm, ten-year. The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

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

Stormwater runoff. The direct runoff of water resulting from precipitation in any form.

Stream. A watercourse that collects surface runoff.

Stream buffer. A natural, vegetated, or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer width is measured landward from the normal pool elevation of impoundments and from the bank of each side of streams or rivers.

Surface water buffer. A natural, vegetated, or re-vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer width is measured landward from the normal pool elevation of impoundments and from the bank of each side of streams or rivers. (This definition applies only with respect to watershed protection regulations.)

Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse health effects.

Typical required drainage channel section. A cross-sectional view of a required drainage channel.

Undisturbed area. That portion of a lot, tract, or subdivision which has not and will not be occupied and which has not and will not be graded to change land contours or to destroy existing vegetation. Only areas that are wooded or reforested are considered undisturbed for the purposes of watershed protection scoresheet evaluation.

Velocity. The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overland flows are not to be included for the purpose of computing velocity of flow.

Water dependent structures. Structures for which the use requires access or proximity to or siting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not water dependent structures.

Water quality conservation easement. See easements.

Watershed, water supply. The entire land area contributing surface drainage to a designated water supply reservoir. For the purposes of the Watershed Protection Overlay District Regulations, major landmarks such as roads or property lines may be used to delineate the outer boundary of the drainage area if these landmarks are immediately adjacent to the ridgeline.

Watershed critical area. That portion of the watershed within the lake basin of the water supply reservoir as delineated in this ordinance.

Wet detention pond. A pond that collects stormwater runoff, holds the water, and releases it slowly over a period of days, and which has a permanent pool that utilizes both settling and biological process to remove both particulate and soluble particulates.

Wetlands. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support under normal circumstances a prevalence of vegetation typically found in saturated soils.

****Additional definitions included per updates to the Randleman Buffer Rules by NCDENR. Any changes to NCDENR definitions shall supersede these definitions.****

For the purpose of this ordinance, these terms shall be defined as follows:

A.

"Access Trails" means pedestrian trails constructed of pervious or impervious surfaces and related structures to access a surface water, including boardwalks, steps, rails, and signage.

B.

"Airport Facilities" means all properties, facilities, buildings, structures, and activities that satisfy or otherwise fall within the scope of one or more of the definitions or uses of the words or phrases "air navigation facility," "airport," or "airport protection privileges" under G.S. § 63-1; the definition of "aeronautical facilities" in G.S. § 63-79(1); the phrase "airport facilities" as used in G.S. § 159-48(b)(1); the phrase "aeronautical facilities" as defined in G.S. § 159-81 and G.S. § 159-97; and the phrase "airport facilities and improvements" as used in Article V, Section 13, of the North Carolina Constitution, which shall include, without limitation, any and all of the following: airports, airport maintenance facilities, clear zones, drainage ditches, fields, hangars, landing lighting, airport and airport-related offices, parking facilities, related navigational and signal systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way; restricted landing areas; any structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or interests in, air space over land or water, interests in airport hazards outside the boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe and efficient operation thereof and any combination of any or all of such facilities. Notwithstanding the foregoing, the following shall not be included in the definition of "airport facilities":

1.

Satellite parking facilities;

2.

Retail and commercial development outside of the terminal area, such as rental car facilities; and

3.

Other secondary development, such as hotels, industrial facilities, free-standing offices and other similar buildings, so long as these facilities are not directly associated with the operation of the airport and are not operated by a unit of government or special governmental entity such as an airport authority, in which case they are included in the definition of "airport facilities."

C.

"Channel" means a natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.

D.

"DBH" means diameter at breast height of a tree measured at four and one-half feet above ground surface level.

E.

"Development" means the same as defined in Rule 15A NCAC 2B .0202(23).

F.

"Ditch" means a man-made, open drainage way in or into which excess surface water or groundwater from land, stormwater runoff, or floodwaters flow either continuously or intermittently.

G.

"Ephemeral stream" means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water.

H.

"Existing development" means development, other than that associated with agricultural or forest management activities, that meets one of the following criteria:

1.

It either is built or has established a vested right based on statutory or common law as interpreted by the courts, for projects that do not require a state permit, as of the effective date of either local new development stormwater programs implemented under Rule 15A NCAC 2B .0265 (Randleman Lake Water Supply Nutrient Strategy: Stormwater Management for New Development) or, for projects requiring a state permit, as of the applicable compliance date established in Rule 15A NCAC 2B .0251 (Randleman Lake Water Supply Nutrient Strategy: Stormwater Requirements), Items (5) and (6).

I.

"Greenway/Hiking Trails" means pedestrian trails constructed of pervious or impervious surfaces and related structures including but not limited to boardwalks, steps, rails, and signage, and that generally run parallel to the shoreline.

J.

"High Value Tree" means a tree that meets or exceeds the following standards: for pine species, 14-inch DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species, 16-inch DBH or greater or 24-inch or greater stump diameter.

K.

"Intermittent stream" means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water.

L.

"Modified natural stream" means an on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.

M.

"New Development" means any development project that does not meet the definition of existing development set out in this ordinance.

N.

"Perennial stream" means a well-defined channel that contains water year-round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.

O.

"Perennial waterbody" means a natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose of the State's riparian buffer protection program, the waterbody must be part of a natural drainage way (i.e., connected by surface flow to a stream).

P.

"Shoreline stabilization" is the in-place stabilization of an eroding shoreline. Stabilization techniques which include "soft" methods or natural materials (such as root wads, or rock vanes) may be considered as part of a restoration design. However, stabilization techniques that consist primarily of "hard" engineering, such as concrete lined channels, riprap, or gabions, while providing bank stabilization, shall not be considered stream restoration.

Q.

"Stream restoration" is defined as the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and flood-prone areas to its natural or referenced, stable conditions considering recent and future watershed conditions. This process also includes restoring the geomorphic dimension, pattern, and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium. "Referenced" or "referenced reach" means a stable stream that is in dynamic equilibrium with its valley and contributing watershed. A reference reach can be used to develop natural channel design criteria for stream restoration projects.

R.

"Stump diameter" means the diameter of a tree measured at six inches above the ground surface level.

S.

"Surface waters" means all waters of the state as defined in G.S. § 143-212 except underground waters

T.

"Temporary road" means a road constructed temporarily for equipment access to build or replace hydraulic conveyance structures such as bridges, culverts, pipes or water dependent structures, or to maintain public traffic during construction.

U.

"Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding six inches.

Commentary: The federal Phase II rule specifies that local communities shall prohibit any discharge to a municipal separate storm sewer unless it:

—consists of a discharge pursuant to an NPDES permit; or

—consists of a discharge from firefighting activities; or

—consists of a discharge in any of the following categories, and the operator of the small MS4 has not identified that category as a significant contributor of pollutants to its small MS4:

Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensation; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and street wash water.

(A)

Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:

1.

Water line flushing;

2.

Landscape irrigation;

3.

Diverted stream flows;

4.

Rising ground waters;

5.

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

6.

Uncontaminated pumped ground water;

7.

Discharges from potable water sources;

8.

Foundation drains;

9.

Air conditioning condensation;

10.

Irrigation water;

11.

Springs;

12.

Water from crawl space pumps;

13.

Footing drains;

14.

Lawn watering;

15.

Individual residential car washing;

16.

Flows from riparian habitats and wetlands;

17.

Dechlorinated swimming pool discharges;

18.

Street wash water; and

19.

Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town of Jamestown.

Prohibited substances include but are not limited to oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter.

(B)

Illicit connections.

1.

Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (A) above, are unlawful. Prohibited connections include, but are not limited to, floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic systems.

2.

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

3.

Where it is determined that said connection:

a.

May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or

b.

the stormwater administrator shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the stormwater administrator shall take into consideration:

i.

The quantity and complexity of the work,

ii.

The consequences of delay,

iii.

The potential harm to the environment, to the public health, and to public and private property, and

iv.

The cost of remedying the damage.

(C)

Spills.

1.

Spills or leaks of polluting substances released, discharged to, or having the potential to released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition.

2.

Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town of Jamestown public services director, town manager, or fire department of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law.

(D)

Nuisance.

1.

Illicit discharges and illicit connections which exist within the Town of Jamestown and its extraterritorial planning jurisdiction are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in this ordinance, the Town of Jamestown Land Development Ordinance, the General Codes of the Town of Jamestown, or any other applicable laws, rules, or regulations.

19.30-1.

Pet waste.

(A)

Dogs at large prohibited. It shall be unlawful for the owner of any dog to allow the animal to be off the premises of his owner and not on a leash in the Town of Jamestown.

(B)

Restrictions on pet waste.

1.

Dogs running at large prohibited. It shall be unlawful for the owner of any dog to allow the animal to be off the premises of their owner unless contained inside an enclosure, on a leash, or otherwise confined. Dogs may be off leash within the boundaries of a legal dog park.

2.

It is the responsibility of a dog's owner or custodian to clean up the dog's feces from any public or private property outside of the dog's owner's own property limits. Such property includes, but is not limited to, parks, rights-of-way, paths, and public access areas.

3.

"Means to properly remove and dispose of feces" shall consist of having on or near one's person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to clean up and contain dog waste until it can be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce these ordinances.

4.

This provision shall not apply to handicapped persons assisted by trained guide or assistance dogs.

5.

"Public nuisance" is defined to include "a dog which deposits feces on public property or on private property without the consent of the owner or person in lawful possession of the private property, and the person owning, possessing, harboring or having the care, charge, control or custody of the dog fails to remove the feces so deposited. Provided, however, this definition shall not apply to any dog assisting a handicapped person.

19.30-2.

Onsite wastewater.

(A)

Standards for operation and maintenance. Onsite systems for domestic wastewater covered by this ordinance shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet these standards, and the septage shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or groundwater.

(Ord. of 09-19-2023(2), 9-19-2023)