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Lillington City Zoning Code

ARTICLE VI

ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION

Section 6.01 Flood Damage Prevention

   6.01.1   STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, & OBJECTIVES
   A.    Statutory Authorization
      The Legislature of the State of North Carolina has in G.S. Ch. 143, Article 21, Part 6 and G.S. Ch. 160D delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Board of Commissioners of Lillington, North Carolina does ordain as follows:
   B.   Findings of Fact
      1.   The flood prone areas within the jurisdiction of Lillington are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
      2.   These flood losses are caused by the cumulative effect of obstructions in the floodplain causing increases in flood heights and velocities, and by the occupancy in flood prone areas of uses vulnerable to floods or hazardous.
   6.01.2   STATEMENT OF PURPOSE
   It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:
   A.   Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion or in flood heights or velocities;
   B.   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
   C.   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
   D.    Control filling, grading, dredging, and other development that may increase erosion or flood damage; and
   E.   Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands.
   6.01.3   GENERAL PROVISIONS
   A.    Land Applicability
      This article shall apply to all special flood hazard areas within the jurisdiction of the Town.
   B.    Basis for Establishing the Areas of Special Flood Hazard
      The special flood hazard areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its accompanying Flood Insurance Rate Maps (FIRM), for the Town dated October 3, 2006, which are adopted by reference and declared to be a part of this article.
   C.    Warning & Disclaimer of Liability
      The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
   6.01.4   ADMINISTRATION
   A.    Designation of Local Administrator
      The Administrator, herein referred to as the Floodplain Administrator, is hereby appointed to administer and implement the provisions of this article.
   B.    Certification Requirements
      1.   Elevation Certificates:
         a.   An elevation certificate (FEMA Form 81-31) or floodproofing certificate (FEMA Form 81-65) is required after the reference level is established. Within 21 calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Elevation certification shall be prepared by, or under the direct supervision of, a Professional North Carolina Land Surveyor or Engineer and certified by same. Any work done within the 21-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
         b.   A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. Elevation certification shall be prepared by, or under the direct supervision of, a Professional North Carolina Land Surveyor or Engineer and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies noted by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.
      2.   If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
      3.   If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per "Provisions for Flood Hazard Reduction" of this article.
      4.   If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to property is located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
      5.   Certification Exemptions:
         The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in items 1. and 2. above:
         a.   Recreational vehicles meeting requirements of "Provisions for Flood Hazard Reduction" of this article;
         b.   Temporary structures meeting requirements of "Provisions for Flood Hazard Reduction" of this article; and
         c.   Accessory structures less than 150 square feet meeting requirements of "Provisions for Flood Hazard Reduction" of this article.
   C.    Duties & Responsibilities of the Local Administrator
      The Floodplain Administrator shall perform, but not be limited to, the following duties:
      1.   Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this article have been satisfied.
      2.   Advise applicant that additional federal or state permits (wetlands, endangered species, erosion and sedimentation control, riparian and stream buffers, mining, etc.) may be required, and require that copies of such permits be provided and maintained on file with the zoning permit.
      3.   Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse and submit evidence of such notification the Federal Emergency Management Agency (FEMA).
      4.   Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
      5.   Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of "Provisions for Flood Hazard Reduction" of this article, subsection "Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas" are met.
      6.   Obtain actual elevation (in relation to mean sea level) of the reference level (including basement) and all utilities of all new or substantially improved structures, in accordance with subsection "Certification Requirements", above.
      7.   Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures and all utilities have been floodproofed, in accordance with subsection "Certification Requirements", above.
      8.   Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with subsection "Certification Requirements", above.
      9.   When floodproofing is utilized for a particular structure, obtain certifications from a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same in accordance with "Floodplain Permit" of Article VII.
      10.   Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
      11.   When base flood elevation (BFE) data or floodway data has not been provided in accordance with subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions", obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to item 2.b. of subsection "Standards for Floodplains without Established Base Flood Elevations" of this article, in order to administer the provisions of this article.
      12.   When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" (above), obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this article.
      13.   When the exact location of boundaries of the special flood hazard areas conflict with the current, natural topography information at the site, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in the floodplain development permit file.
      14.   Permanently maintain all records that pertain to the administration of this article and make these records available for public inspection.
      15.   Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this article and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.
      16.   Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this article, the Floodplain Administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.
      17.   Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.
      18.   Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
      19.   Follow through with corrective procedures of Article XIII "Enforcement & Penalties."
      20.   Review, provide input, and make recommendations for variance requests.
      21.   Maintain a current map repository to include, but not limited to, the FIS report, FIRM and/or other official flood maps/studies adopted under subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, including any revisions thereto including Letters of Map Change, issued by state and/or FEMA. Notify state and FEMA of mapping needs.
      22.   Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR-F) and Letters of Map Revision (LOMR).
   D.    Provisions for Flood Hazard Reduction
      1.   General Standards
         In all special flood hazard areas, the following provisions are required:
         a.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure;
         b.   All new construction and substantial improvements below the regulatory flood protection elevation shall be constructed with materials and utility equipment resistant to flood damage;
         c.   All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages;
         d.   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches;
         e.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
         f.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;
         g.   On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and
         h.   Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this article, shall meet the requirements for new construction as contained in this article.
         i.   Nothing in this article shall prevent the repair, reconstruction, or replacement of a building or structure existing on or prior to September 18, 2006 and located totally or partially within the floodway, non-encroachment area, or stream setback, provided that the bulk of the building or structure below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.
         j.   New solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted in special flood hazard areas, except by variance as specified in subsection "Flood Damage Prevention Variance Procedures" of Article VII of this ordinance. A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to subsection "Certification Requirements", above, of this article.
         k.   All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
         l.   All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
         m.   All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
         n.   All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
      2.   Specific Standards
         In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth by the provisions of this article, in addition to subsection "General Standards", are required:
         a.   Residential Construction:
             New construction or substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Article X "Definitions & Interpretations" of this ordinance.
         b.   Nonresidential Construction:
             New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in Article X "Definitions & Interpretations" of this ordinance. Structures located in A, AO, AE, and A1-30 Zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in subsection "Certification Requirements", above, of this article, along with the operational and maintenance plans.
         c.   Manufactured Homes:
            i.   New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation.
            ii.   Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance    pursuant to G.S. § 143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required. All foundation enclosures or skirting shall be in accordance with subsection "Elevated Buildings."
            iii.   An evacuation plan shall be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Floodplain Administrator and the Emergency Service Director.
         d.   Elevated Buildings:
            Enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation:
            i.   Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas;
            ii.   Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
            iii.   Shall include, in Zones A, AO, AE, and A1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings shall either be certified by a Professional North Carolina Engineer or Architect licensed by the North Carolina Board of Architecture and certified by same or meet the following minimum design criteria:
               a)   Provide a minimum of two openings on different sides of each enclosed area subject to flooding;
               b)   The total net area of all openings shall be at least one square inch for each square foot of enclosed area subject to flooding;
               c)   If a building has more than one enclosed area, each area shall have openings to allow floodwaters to automatically enter and exit;
               d)   The bottom of all required openings shall be no higher than one foot above the adjacent grade;
               e)   Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
               f)   Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
            iv.   Additions & Improvements:
               a)   Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing structure are:
                  I.   Not a substantial improvement, the addition and/or improvements shall be designed to minimize flood damages and shall not be any more nonconforming than the existing structure.
                  II.   A substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction.
               b)   Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
               c)   Additions and/or improvements to post-FIRM structures when the addition and/or improvements in combination with and interior modifications to the existing structure are:
                  I.   Not a substantial improvement, the addition and/or improvements only shall comply with the standards for new construction.
                  II.   A substantial improvement, both the existing structure and the addition and/or improvements shall comply with the standards for new construction.
               d)   Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and only the addition shall comply with the standards for new construction.
               e)   Recreational Vehicles:
                  Recreation vehicles placed on sites within a special flood hazard area shall either:
                  I.   Be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions); or
                  II.   Meet all the requirements for new construction, including anchoring and elevation requirements of subsection "Certification Requirements" of "Administration" of this article and subsections "General Standards" and "Manufactured Homes."
               f)   Temporary Nonresidential Structures:
                   Prior to the issuance of a floodplain development permit, for a temporary structure, applicants shall submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood, or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
                  I.   A specified time period for which the temporary use will be permitted. Time specified should be minimal with total time on site not to exceed 12 months;
                  II.   The name, address, and phone number of the individual responsible for the removal of the temporary structure;
                  III.   The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);
                  IV.   A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and
                  V.   Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.
               g)   Accessory Structures:
                  When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:
                  I.   Accessory structures shall be used for human habitation (including work, sleeping, living, cooking or restroom areas);
                  II.   Accessory structures shall not be temperature-controlled;
                  III.   Accessory structures shall be designed to have low flood damage potential;
                  IV.   Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
                  V.   Accessory structures shall be firmly anchored in accordance with subsection "General Standard";
                  VI.   All service facilities such as electrical shall be installed in accordance with subsection "General Standards"; and
                  VII.    Openings to relieve hydrostatic pressure during a flood shall be provided below flood protection elevation in conformance with "Elevated Buildings", Item i., above.
                  VIII.   An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection "Certification Requirements" of this article.
   E.    Reserved
   F.    Standards for Floodplains Without Established Base Flood Elevations
   Within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to subsection "Provisions for Flood Hazard Reduction", subsection "General Standards", shall apply:
      1.   No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a Professional North Carolina Engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
      2.   The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order:
         a.   If base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with standards in subsection "Administration", subsection "Duties & Responsibilities of the Local Administrator".
         b.   All subdivision, manufactured home park, and other development proposals located within special flood hazard areas shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots or manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article.
         c.   When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated above the highest adjacent grade as required in the regulatory flood protection elevation definition.
   G.    Standards for Riverine Floodplains with BFE but Without Established Floodways or Non-Encroachment Areas
   Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
      1.   Standards outlined in subsection "Provisions for Flood Hazard Reduction", subsections "General Standards" and "Specific Standards"; and
      2.   No encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a Professional North Carolina Engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
   H.    Floodways & Non-Encroachment Areas
   Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in subsection "Provisions for Flood Hazard Reduction", subsections "General Standards" and "Specific Standards", shall apply to all development within such areas:
      1.   No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless it has been demonstrated that:
         a.   The proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Administrator prior to issuance of floodplain development permit; or
         b.   A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) shall also be obtained upon completion of the proposed encroachment.
      2.   If item a., above, is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this article.
      3.   No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home park or subdivision, provided the following provisions are met:
         a.   The anchoring and the elevation standards of subsection "Manufactured Homes" of subsection "Specific Standards"; and
         b.   The no encroachment standards above, are met.
   I.    Standards for Areas of Shallow Flooding (Zone AO)
   Located within the special flood hazard areas established in subsection "Basis for Establishing the Areas of Special Flood Hazard" of subsection "General Provisions" of this article, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to subsection "Provisions for Flood Hazard Reduction", subsection "General Standards", all new construction and substantial improvements shall meet the following requirements:
      1.   The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade plus a freeboard of two feet if no depth number is specified.
      2.   Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in item a. of subsection "Specific Standards," subsection "Provisions for Flood Hazard Reduction" of this part so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per subsection "Floodplain Permit" of Article III "Development & Subdivision Review, Permitting, & Approval Requirements" and subsection "Nonresidential Construction" of subsection "Specific Standards", above.
      3.   Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(Ord. passed 2-14-2017; Ord. 2022-13, passed 10-12-2021; Ord. FY2023-27, passed 5-9-2023)

Section 6.02 Drainage and Stormwater Management

   6.02.1   PURPOSE
   The purpose of these requirements is to provide criteria in addition to other ordinances, rules, regulation, and law to control and minimize the adverse impacts of drainage systems, stormwater runoff and erosion control from new development and redevelopment.
   6.02.2   APPLICABILITY
   A.   General
      Beginning with and subsequent to its effective date, this ordinance shall apply to the following unless exempt pursuant to the “Exemption” subsection of this article:
      1.   Residential development activities that disturb one acre or more;
      2.   Non-residential development activities that disturb one-half acre or more; and
      3.   Activities that are part of a common plan of development or sale that exceed those area thresholds, even though multiple, separate or distinct activities take place at different times on different schedules.
   B.   Exemptions
      The following types of projects shall be exempt from the stormwater requirements of this section:
      1.   Redevelopment outside the floodplain that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development;
      2.   Redevelopment of residential structures within the floodplain that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development;
      3.   Redevelopment of non-residential structures within the floodplain that disturbs less than one-half acre, that is not part of a larger common plan of development or sale, and that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development; and
      4.   Normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices.
   C.   Existing Development
      1.   Existing development as defined in this article, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development shall meet the requirements of this article; however, the built-upon area of the existing development is not required to be included in the density calculations.
      2.   Existing building or built-upon area on a single-family lot that is not in conformance with the restrictions of this article that has been damaged or removed may be repaired or reconstructed.
   D.   Other Laws, Regulations, Ordinances, Easements and Resolutions
      Where this ordinance interacts with other laws, regulations, ordinances, and resolutions, the following procedures shall apply:
      1.   Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace;
      2.   No provision of this ordinance shall amend, modify, or restrict any provision of the Lillington Unified Development Ordinance;
      3.   The adoption of this section shall and does amend any and all ordinances, resolutions, and regulations in effect in Lillington at the time of the adoption of this ordinance that may be construed to impair or reduce the effectiveness of this ordinance or to conflict with any of its provisions; and
      4.   It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.
   E.   Non-Conforming Lots of Record
      If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this ordinance if it is developed for single-family residential purposes.
   6.02.3   NATURAL DRAINAGE SYSTEM UTILIZED TO EXTENT FEASIBLE
   A.    Natural Contours and Drainage Ways
      To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainage ways shall remain undisturbed.
   B.    Lot Boundaries
      To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways. at can be built upon only by altering such drainage ways.
   6.02.4   DEVELOPMENTS MUST DRAIN PROPERLY
   A.    No Undue Retention of Surface Water
      Developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:
      1.   The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or stormwater runoff control plan; or
      2.   The retention is not substantially different in location or degree than that experienced by the development site in its predevelopment stage unless such retention presents a danger to health or safety.
   B.    No Channeling of Surface Water to a Sanitary Sewer
      No surface water may be channeled or directed into a sanitary sewer. Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
   C.    No Unreasonable Burden to Adjacent Properties
      All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:
      1.   No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and
      2.   No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.
   6.02.5   STORMWATER DRAINAGE DESIGN REQUIREMENTS
   A.    Stormwater Outlets
      Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during the peak flow from the ten-year storm event as shown by engineering calculations.
   B.    Stormwater Collection Pipes
      1.   Systems shall be designed based on the two-year storm for street inlet spacing, the ten-year storm for street drainage pipe sizing, and the 25-year storm for cross-street drainage. Hydraulic grade line shall remain inside the pipe for the corresponding storm event;
      2.   Pipe slope shall be a minimum of 0.5% and a maximum 10%;
      3.   The minimum pipe diameter shall be 15 inches;
      4.   Pipe shall be installed to provide a true line and grade between structures;
      5.   The maximum length between access points shall be 400 feet for all pipe sizes; and
      6.   The minimum cover for stormwater pipe shall be two feet measured from the top of pipe to the finished subgrade under the roads and one foot to finished grade in non-load-bearing areas, and as recommended by the pipe manufacturer.
   C.    Catch Basins and Structures
      1.   Gutter flow calculations shall be submitted with the design. Water shall be picked up before the spread into the street exceeds eight feet for curb and gutter streets. In areas of heavy pedestrian traffic, the maximum allowable spread may be decreased by the Administrator;
      2.   No inaccessible storm drainage structures shall be allowed; and
      3.   All drainage structures shall conform to the Town of Lillington Standard Roadway, Sidewalk, Curb & Gutter, & Drainage Pipe Specifications.
   D.    Vegetated Conveyances
      All vegetated conveyances shall meet the standards below regardless of whether they are installed on a low or high density project:
      1.   Open channels, ditches, and driveway pipes shall be designed based on the ten-year storm;
      2.   The minimum size for any culvert or driveway pipe is 15 inches;
      3.   Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
      4.   Vegetated swales shall be designed to carry the design flow at non-erosive velocities during the ten-year storm. Calculations indicating design velocities shall be provided along with typical channel cross-sections. Rip rap or synthetic matting shall be provided when velocities exceed four feet per second.
   E.    Curb Outlet Systems
      Low density projects may use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for curb outlet systems shall be as follows:
      1.   The curb outlets shall be designed such that the swale or vegetated area carry the peak flow from the ten-year storm at a non-erosive velocity;
      2.   The longitudinal slope of the swale or vegetated area shall not exceed 5%, except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
      3.   The swale’s cross section shall be trapezoidal with a minimum bottom width of two feet;
      4.   The side slopes of the swale or vegetated area shall not be steeper than 3:1 (horizontal to vertical); and
      5.   The minimum length of the swale or vegetated area shall be 100 feet.
   6.02.6   DENSITY AND BUILT-UPON AREA REQUIREMENTS
   A.    Built-Upon Area Calculation
      Percentage built-upon area shall be calculated by dividing the total BUA on the project by the total project area. Pervious area that is required for a project to comply with the provisions of this article shall not be included in another project’s area.
   B.    Maximum Built-Upon Area
      Maximum built-upon area shall be as indicated in the table below, or as required by the base zoning district, whichever is less.
 
Classification
Maximum BUA for Low Density
Maximum BUA for High Density
Outside of Water Supply Watershed
24% and a maximum of 2 units/acre for single-family residential developments
Follow base zoning.
Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA)
24% and a maximum of 2 units/acre for single-family residential developments
50% or base zoning, whichever is less.
Cape Fear River Water Supply Watershed – Protected Area (WS-IV-PA)
With curb and gutter: 24% and a maximum of 2 units/acre for single-family residential developments
Without curb and gutter: 36% and a maximum of 3 units/acre
70% or base zoning, whichever is less.
 
   C.    Cluster Development
      Clustering of development is allowed under the following conditions:
      1.   Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single- family detached developments in the table above;
      2.   All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; and
      3.   The remainder of the tract shall remain in a vegetated or natural state. Title the open space area shall be conveyed to:
         a.   An incorporated homeowners' association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds;
         b.   A local government for preservation as a park or open space; or
         c.   A conservation organization for preservation in a permanent easement.
   6.02.7   STORMWATER MANAGEMENT REQUIREMENTS
   A.    Low Density Projects
      Low density projects shall meet the requirements set forth in 15A NCAC 02H .1003(6), including:
      1.   Projects shall adhere to the maximum built-upon area or lot size per Section 6.02.6.B;
      2.   Projects shall be designed to maximize dispersed flow through vegetated areas and minimize channelization of flow. Stormwater that cannot be released as dispersed flow shall be transported by vegetated conveyances with a minimal amount of non-vegetated conveyances for erosion protection or piping for driveways or culverts under a road shall be allowed when it cannot be avoided;
       3.   Vegetated conveyances shall meet the requirements; and
      4.   Low density projects may use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Curb outlet systems shall be designed in accordance with Section 6.02.5.E.
   B.    High Density Projects
      High density projects shall meet the following requirements:
      1.   Developments that use a piped drainage system or an SCM shall be considered high density regardless of the percentage built-upon area in the development;
      2.   Stormwater control measures (SCMs) shall be provided to control the difference in stormwater runoff rate leaving the project site between the pre- and post-development conditions for, at a minimum the one-year, 24-hour storm and the ten-year, 24-hour storm. If a project contains multiple drainage basins and/or patterns, each drainage basin shall be designed with the same criteria;
      3.   SCMs shall provide sufficient storage volume to detain and treat on-site the runoff from the first inch of rainfall. Runoff drawdown time for the one-inch storm event shall be a minimum of 48 hours, but not more than 120 hours;
      4.   SCMs shall be selected based on the “Primary SCMs” category as listed in the NCDEQ Stormwater Design Manual. Alternatively, projects may be designed to meet “Runoff Volume Match” as defined in 15A NCAC 02H .1002;
      5.   SCMs shall be designed to meet all minimum design criteria (MDC) codified in 15A NCAC 02H .1003 and .1050 through .1062 and as published in the most recent NCDEQ Stormwater Design Manual;
      6.   For high density projects, stormwater and downstream impact analyses shall the provided; and
      7.   SCM designs and impact analyses shall be sealed by a professional engineer licensed with the North Carolina Board of Examiners for Engineers and Surveyors.
   C.    Deed Restrictions and Protective Covenants
      The owner shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure that projects will be maintained in perpetuity consistent with the plans and specifications approved by the permitting authority. For projects owned by public entities, the permittee shall have the option to incorporate specific restrictions and conditions into a facility management plan or another instrument in lieu of deed restrictions and protective covenants.
   D.    Variations from this Section
      The Town shall have the authority to approve projects on a case-by-case basis that do not comply with the provisions of this section if the applicant provides technical justification based on engineering calculations and the results of research studies that the proposed design provides equal or better control of stormwater and protection of waters and that it will function in perpetuity.
   6.02.8    VEGETATED SETBACKS
   A.    Location
      Vegetated setbacks shall be required along intermittent and perennial waterbodies and streams that are indicated on the most recent versions of the United States Geological Survey (USGS) 1:24,000 scale (7.5 minute) quadrangle topographic maps, or as defined by a jurisdictional determination done as follows:
      1.   Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination shall be performed by a qualified individual;
      2.   A qualified individual is one who has been certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) Course offered by the North Carolina Division of Water Resources and North Carolina State University;
      3.   Stream calls shall be made prior to submitting development plans to the Town for review;
      4.   If it disagrees with the stream call made by the qualified individual, the Town shall have the authority to require the applicant to obtain a stream call from the NCDEQ and adhere to the agency’s determination; and
      5.   Vegetated setbacks shall not be included in parcel lines for residential parcels.
   B.    Minimum Vegetation Widths
      The width of a vegetated setback shall be measured in the field horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers. The following minimum widths shall be in accordance with the table below:
 
Type of Development
Intermittent Streams
Perennial Streams
Low density
30 feet
30 feet
High density
30 feet
100 feet
 
   C.    Stormwater Flow Through the Setback
      Stormwater that has not been treated in an SCM shall not be discharged through a vegetated setback; instead it shall be released at the edge of the vegetative setback and allowed to flow through the setback as dispersed flow.
   D.    Allowed Uses
      Vegetated stream buffers may be cleared or graded but shall be replanted and maintained as grass or other vegetation. The following types of built-upon area when it is not practical to locate it elsewhere, the footprint is minimized, and channelization of runoff is avoided:
      1.   Publicly-funded projects such as roads, greenways, and sidewalks;
      2.   Water dependent structures such as docks;
      3.   Minimal footprint uses such as poles, signs, utility appurtenances, and security lights;
      4.   Park structures such as gazebos, benches, and playground equipment;
      5.   SCMs within the outer 70 feet of a 100-foot high density, perennial buffer;
      6.   Desirable artificial stream bank or shoreline stabilization approved by the Administrator; and
      7.   Additional allowed uses that may be permitted at the discretion of the Administrator.
   6.02.9    OPERATION AND MAINTENANCE OF STORMWATER CONTROL MEASURES
   A.    Posting of Financial Security
      1.   All new SCMs shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance of the SCMs;
      2.   The Town 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 SCMs are installed by the permit holder as required by the approved stormwater management plan, and/or maintained by the owner as required by the operation and maintenance agreement;
      3.   The amount of an installation performance security shall be the total estimated construction cost of the SCMs approved under the permit, plus 25%; and
      4.   The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the SCMs approved under the permit, at a discount rate that reflects the jurisdiction’s cost of borrowing minus a reasonable estimate of long-term inflation.
   B.    Uses of Performance Security
      1.   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;
      2.   Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any SCM in accordance with the applicable permit or operation and maintenance agreement, the 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; and
      3.   In the event of a default triggering the use of installation performance security, the Town shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
   C.    Costs in Excess of Performance Security
      If the Town takes action upon such failure by the applicant or owner, the Town has the authority to collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.
   D.    Refund
      Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.
   E.    Maintenance and Upkeep
      1.   An operation and maintenance plan or manual shall be provided by the owner(s) for each SCM, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operations maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring an SCM to design specifications if a failure occurs. The agreement shall be filed with the Harnett County Register of Deeds;
      2.   Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the SCM is diminished or threatened, or to the extent of interfering with any easement or access to the SCM; and
      3.   Except for general landscaping and grounds management, the owning entity shall notify the Administrator prior to any repair or reconstruction of the SCM. All improvements shall be made consistent with the approved plans and specifications of the SCM and the operation and maintenance plan or manual. After notification by the owning entity, the Administrator shall inspect the completed improvements and shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements.
   F.    Minor Amendments to Plans and Specifications
      1.   Amendments to the plans and specifications of the SCM and/or the operation and maintenance plan or manual shall be approved by the Administrator, provided that the changes do not involve a change in the size or location of the structure; and
      2.   Proposed changes shall be prepared by a state registered professional engineer and submitted to and reviewed by the Administrator as follows:
         a.   If the Administrator approves the proposed changes, the owning entity of the SCM shall file sealed copies of the revisions with the Administrator; or
         b.   If the Administrator disapproves the changes, the proposal may be revised and resubmitted to the Administrator as a new proposal. If the proposal has not been revised and is essentially the same plan that was already reviewed, it shall be returned to the applicant.
   G.    Major Amendments to Plans and Specifications
      Amendments to the plans and specifications of the SCM and/or the operation and maintenance plan or manual that involve a change in the size or location may be approved by the Administrator. Proposed changes shall be prepared by a state registered professional engineer and submitted to and reviewed by the Administrator.
   H.    Revision of Plan Required if Found to be Inadequate
      1.   If the Town finds that the operation and maintenance plan or manual is inadequate for any reason, the Administrator shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Harnett County Register of Deeds, the Administrator and the owning entity; and
      2.   If the Administrator finds that the operation and maintenance plan or manual is inadequate for any reason, the Administrator shall notify the owner(s) of any required changes. Once the revised plan or manual has been deemed adequate, the owner(s) shall prepare and file copies of the revised agreement with the Harnett County Register of Deeds and the Administrator of this ordinance.
   I.    Inspection and Release of Performance Bond
      1.   The SCM shall be inspected by the Administrator, after the owning entity notifies the Administrator that all work has been completed. At this inspection, the owning entity shall provide:
         a.   The signed deed, related easements and survey plat for SCM ready for filing with the Harnett County Register of Deeds; and
         b.   A certification sealed by an engineer stating that the SCM is complete and consistent with the approved plans and specifications. Record drawings of the SCM shall also be provided for review;
      2.   The Administrator shall obtain the materials submitted by the developer and the inspection report as follows:
         a.   If the Administrator approves the inspection report and accepts the certification, deed and easements, the Administrator shall file the deed and easements with the Harnett County Register of Deeds, release up to 75% of the value of the performance bond or other surety and issue a zoning permit for the SCM; or
         b.   If deficiencies are found, the Administrator shall direct those improvements and inspections be made and/or documents corrected and resubmitted to the Administrator; and
      3.   No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Administrator to release the remaining value of the performance bond or other security. Upon receipt of said petition, the Administrator shall inspect the SCM to determine whether the SCMs are performing as designed and intended as follows:
         a.   If the Administrator approves the SCM and accepts the petition, the developer shall deposit with the Town a cash amount equal to that described above, after which, the Administrator shall release the performance bond or other security; or
         b.   If the Administrator does not approve the SCM and rejects the petition, the Administrator shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other surety.
   J.    Annual SCM Inspection and Maintenance Requirements
      1.   All SCMs shall be inspected at least once on an annual basis to determine whether the controls are performing as designed and intended. It shall be the responsibility of the property owner(s) to ensure such inspection is performed. Records of inspections shall be maintained on forms approved or supplied by the NCDEQ. Annual inspections shall begin within one year of the filing date of the deed for the SCM and an inspection report shall be submitted to the Town in the format approved by the Administrator;
      2.   In the event that an inspector discovers that an SCM needs improvements, he/she shall notify the owner and the Administrator. The owner shall make improvements consistent with the plans and specifications of the SCM and the operation plan or manual. After the improvements are made, the owner shall submit a maintenance log to the Town. The improvements shall be made, and the maintenance log shall be submitted with 90 days of the inspection unless the Administrator has granted an extension to the owner;
      3.   The Administrator may inspect SCMs at any time to determine if they are in compliance; and
      4.   In the event that the owner fails to provide an annual inspection report, perform needed maintenance, or submit a maintenance log, the Town reserves the right to levy fines against property owner until the SCM is inspected and, if necessary, brought in compliance with approved plans, specifications, and operations manual.
(Ord. passed 2-14-2017; Ord. 2022-13, passed 10-12-2021; Ord. FY2023-27, passed 5-9-2023)

Section 6.03 Water Supply Watershed Protection

   6.03.1   PURPOSE AND INTENT OF WATERSHED PROTECTION OVERLAY DISTRICTS
      Pursuant to requirements of G.S. § 143-214.5, two Watershed Protection Overlay Districts, as described in Article II, have been established for lands within the watersheds of existing drinking water rivers. These districts overlay other zoning districts established in Article II and delineated on the Official Zoning Map.
   A.    Purpose
      The purpose of the Watershed Protection Overlay Districts is to prevent significant future water quality deterioration in existing or potential future drinking water reservoirs and rivers that receive stormwater runoff from land within the town. Protection of all water supplies within the state, in accordance with minimum standards, was mandated by the Water Supply Watershed Protection Act passed by the General Assembly in 1989. The quality of water in drinking water reservoirs and rivers can be affected by human activities including farming, obstruction of highways and roads, subdivision development, industrial development and other land disturbing activities. Types of water pollutants resulting from these activities include sediment, bacterial contamination, heavy metals, synthetic organic compounds and low-level radioactivity.
   B.    Intent
      The intent of the Watershed Protection Overlay Districts is to apply a set of regulations involving land use and, in some cases, SCMs, that protect the watersheds by reducing the pollution from future development that enters the drinking water supplies. Land use management practices involve minimum lot sizes, maximum allowed density and built-upon area restrictions, since built-upon areas such as roads, rooftops and driveways are a major source of pollution. SCMs allow for more intensive land uses by providing for temporary detention of stormwater runoff so that pollutants may settle.
   6.03.2    ESTABLISHMENT OF WATERSHED PROTECTION OVERLAY DISTRICTS
   A.    Names of Districts
      Two Watershed Protection Overlay Districts are hereby established in the town portion of watersheds that have been classified as WS-IV watersheds by the NC Environmental Management Commission:
      1.   Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA); and
      2.   Cape Fear River Water Supply Watershed – Protected Area (WS-IV-PA).
   B.    Overlay With Other Zoning Districts
      The Watershed Protection Overlay Districts as hereby established overlay other zoning districts established in this chapter. The new use of any land or new structure within any Watershed Protection Overlay District shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the applicable Watershed Protection Overlay District.
   C.    Differences Between Watershed and Zoning Districts
      Wherever standards of the underlying zoning district differ from the watershed overlay standards, the more restrictive provisions shall apply.
   6.03.3   USES IN WATERSHED PROTECTION OVERLAY DISTRICTS
   A.    Allowed Uses
      The following uses are allowed within Watershed Protection Overlay Districts:
      1.   Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990;
      2.   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101-.0209); and
      3.   Residential and nonresidential development that is conducted in compliance with the provisions of Section 6.02.
   B.    Disallowed Uses
      The following uses are disallowed within Watershed Protection Overlay Districts:
      1.   Landfills within Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA);
      2.   Sites for land application of sludge/residuals or petroleum contaminated soils within Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA); and
      3.   Any or class of use is not specifically indicated as being allowed in Section 6.03.3.A.
(Ord. passed 2-14-2017; Ord. 2022-13, passed 10-12-2021; Ord. FY2023-27, passed 5-9-2023)

Section 6.04 Development Restrictions on Steep Grades

   6.04.1   SLOPE & GRADE DESIGN CRITERIA
   A.    Site plans and/or subdivision plans shall be in accordance with the following standards:
   B.    Site disturbance shall be minimized to the maximum extent practicable.
   C.    Cuts for utilities and access driveways shall be shared to the maximum extent feasible.
   D.    To the maximum extent feasible, new construction shall not take place on any portion of a parcel that shows slope instability, flooding, or other natural or man-made hazards.
   E.    The applicant and development shall demonstrate that the slope’s ground surface and subsurface are not unstable, that the proposed development will not cause instability or increase the potential for slope failure, and that the development of the slope will not increase the degree of hazard both on-site and on adjacent properties.
   F.    All slopes must not be steeper than a 3:1 slope (33%). Steeper slopes may be conditionally approved by the Administrator.
   G.    All steep grade changes at a 2:1 ratio or greater shall include guards or other acceptable fencing/barricades measuring a minimum 48 inches in height. Guards shall be constructed with no opening greater than four inches.
   H.    Utility easements across sloped areas shall be graded uniformly across the slope to no steeper than a 5:1 ratio.
(Ord. FY2023-27, passed 5-9-2023)