The watershed protection overlay districts, as described in Section 9-1.7(C), are designed to protect designated public water supply watershed from activities which could degrade water quality. These separate watershed protection overlay districts have been established: WPIII-BW, WPIV-CA, and WPIV-PA.

12-1.1.

General Requirements.

(A)

The regulations delineated in Section 12-1 are intended to comply with the requirements of NCGS 143-214.5. For property located within a WP-IVCA or WP-IVPA Overlay District, the provisions of Section 12-1 shall apply only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the North Carolina Sedimentation Control Commission.

(B)

No structure or land use shall be allowed within the watershed protection overlay districts which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

12-1.2.

WPIII-BW Supplemental Standards. Within a WPIII-BW Overlay District, the following specific standards shall apply:

(A)

Density. Single-family residential uses shall not exceed a maximum density of two dwelling units per acre, as defined on a project by project basis. No single-family residential lot shall be less than 20,000 square feet in area, excluding roadway right-of-way, unless located within an approved cluster development in accordance with Section 12-1.6.

(B)

Built-Upon Area. All residential development, other than single-family development, and all nonresidential development shall be allowed at a maximum 24% built-upon area. In addition, new development and expansions to existing development may occupy 10% of the balance of the watershed area with up to 70% built-upon area when approved in accordance with Section 12-1.11. For purposes of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.

(C)

Permitted Uses. Agricultural uses (subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural uses (subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209) are permitted with the WPIII-BW. Residential and nonresidential uses allowed in the underlying general zoning district or another applicable overlay district are permitted within the WPIII-BW except for the following:

(1)

Discharging landfills.

12-1.3.

WPIV-CA Supplemental Standards.

(A)

Applicability. The provisions of Section 12-1.3 shall apply only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the North Carolina Sedimentation Control Commission.

(B)

Density. Single-family residential uses shall not exceed a maximum density of two dwelling units per acre, as defined on a project by project basis. No single-family residential lot shall be less than 20,000 square feet in area, excluding roadway right-of-way, unless located within an approved cluster development in accordance with Section 12-1.6.

(C)

Built-Upon Area. All residential development, other than single-family development, and all nonresidential development shall be allowed a 24% built-upon area. For purposes of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed. Higher density development using engineered stormwater control devices may be permitted in accordance with Section 12-1.12.

(D)

Permitted Uses. Agricultural uses (subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural uses (subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209) are permitted with the WPIV-CA. Residential and nonresidential uses allowed in the underlying general zoning district or another applicable overlay district are permitted within the WPIV-CA except for the following:

(1)

Sites for land application of residuals or petroleum contaminated soils; and

(2)

New landfills.

12-1.4.

WPIV-PA Supplemental Standards.

(A)

Applicability. The provisions of Section 12-1.4 shall apply only to new development activities which require an erosion and sedimentation control plan in accordance with the rules established by the North Carolina Sedimentation Control Commission.

(B)

Density. Single-family residential uses shall not exceed a maximum density of two dwelling units per acre or three dwelling units per acre for projects without a curb and gutter road system, as defined on a project by project basis. No single-family residential lot shall be less than 20,000 square feet or 14,500 square feet for projects without a curb and gutter road system, unless located within an approved cluster development in accordance with Section 12-1.6.

(C)

Built-Upon Area. All residential development, other than single-family development, and all nonresidential development shall be allowed at a maximum 24% built-upon area or 36% built-upon area for projects without a curb and gutter street system. For purposes of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed. Higher density development using engineered stormwater control devices may be permitted in accordance with Section 12-1.12.

(D)

Permitted Uses. Agricultural uses (subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural uses (subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209) are permitted with the WPIV-PA. Residential and nonresidential uses allowed in the underlying general zoning district or another applicable overlay district are permitted within the WPIV-PA.

12-1.5.

Best Management Practices.

(A)

General. The construction of new roads and bridges and nonresidential development shall minimize built-upon area, divert stormwater away from surface water supply waters as much as possible, and employ best management practices to minimize water quality impacts. To the extent practicable, the construction of new roads in the WPIV-CA Overlay District should be avoided. The NC Department of Transportation shall use best management practices as outlined in its document entitled, Best Management Practices for the Protection of Surface Waters.

(B)

Agricultural Uses. Agricultural uses are subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624).

(C)

Forestry Operations. Forestry operations, if allowed in the underlying general zoning district, are subject to the provisions of the Forest Practice Guidelines Related to Water Quality (15 ANCAC 1I.0101-.0209).

(D)

Stormwater Best Management Practices Manual. The North Carolina Department of Environmental and Natural Resources, Stormwater Best Management Practices Manual, 2007, and all amendments thereto, hereafter referred to as the "NC BMP Manual," is hereby adopted by reference as fully as though set forth herein and shall be used to design required BMPs. If any standard, requirement, or procedure for BMP design as set forth in the NC BMP Manual is in conflict with any standard, requirement, or procedure set forth in this ordinance then the most stringent shall prevail. This manual is updated periodically by NCDENR. An electronic copy of this manual may be viewed at NCDENR, Division of Water Quality website, Stormwater BMP Manual & BMP Forms—http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. A printed copy of the current manual may be obtained from the website or by contacting Nash County Planning and Development office.

12-1.6.

Cluster Development.

(A)

Cluster Development. Cluster development is allowed in all watershed protection overlay districts provided that the following conditions are met:

(1)

Minimum lot sizes may be reduced for single-family cluster development projects in accordance with the provisions of Section 9-4.1(B); however, the total number of lots shall not exceed the maximum number of lots allowed for single-family detached developments in Sections 12-1.2(A), 12-1.3(B), and 12-1.4(B). Density or built-upon area requirements for the project shall not exceed that allowed in Sections 12-1.2(B), 12-1.3(C), and 12-1.4(C).

(2)

All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

(3)

The remainder of the tract not built upon shall remain in a vegetated or natural state. The title to the reserved open space area shall be conveyed to an incorporated homeowners or property owners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

12-1.7.

Buffer Areas.

(A)

A minimum thirty-foot vegetative buffer for new development activities is required along all perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. A minimum one hundred foot vegetative buffer is required for all new development activities that utilize the high density development option authorized by Section 12-1.12. Desirable artificial streambank or shoreline stabilization is permitted.

(B)

No new development is allowed in the buffer except for water-dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious areas, and public projects such as road crossings and greenways where no practicable alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices. Desirable artificial streambank or shoreline stabilization is permitted.

(C)

Whenever the buffer requirements of other portions of this Ordinance are in conflict with the provisions of this Section, the more stringent requirement shall apply.

12-1.8.

Existing Development.

(A)

Existing development, as defined in Section 2-4, is not subject to the provisions of the watershed overlay district requirements. Redevelopment of and expansion to existing development is allowed as provided for herein.

(B)

Redevelopment of existing development is allowed if the rebuilding activity does not result in a net increase in built-upon area or if the redevelopment activity includes equal or greater stormwater control than the previous development. However, existing single-family residential development may be redeveloped without any restrictions.

(C)

Expansions to uses and structures classified as existing development must meet the requirements of this Section provided, however, that the built-upon area of the existing development is not required to be included in the built-upon area calculations. However, existing single-family residential development may be expanded without any restrictions.

12-1.9.

Exceptions. 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. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from the provisions of Section 12-1 if it is developed for one single-family detached residence and if it is exempt from the provisions of this Ordinance per Section 10-1.1.

12-1.10.

Variances.

(A)

Minor Variances. Minor variances, as defined in Section 2-4, to the provisions of Section 12-1 may be approved by the Planning Board pursuant to the variance procedures outlined for the Board of Adjustment in Article VII, specifically Sections 7-2.1, Section 7-2.3, and Sections 7-4 through 7-12. The Zoning Administrator shall keep a record of all such minor variances and shall submit, for each calendar year, the record to the Water Quality Section, of the NC Division of Environmental Management on or before January 1st of the following year. The record shall include a description of each project receiving a variance and the reasons for granting the variance.

(B)

Major Variances. Major variances, as defined in Section 2-4, shall be reviewed by the Planning Board pursuant to the procedures outlined in this Article and a recommendation prepared for submission to the NC Environmental Management Commission (EMC). The record of a major variance review shall include the following items:

(1)

The variance application;

(2)

The hearing notices;

(3)

The evidence presented;

(4)

Motions, offers of proof, objections to evidence, and rulings on them;

(5)

Proposed findings and exceptions;

(6)

The Planning Board's recommendation, including all conditions proposed to be added to the permit.

Upon receiving the record of a major variance review from the Planning Board, the EMC shall (i) review the variance request, (ii) prepare a final decision on the request, and (iii) forward its decision to the Planning Board. If the EMC approves the variance as proposed, the Planning Board shall prepare a final decision granting the proposed variance. If the EMC approves the variance with conditions and stipulations, the Planning Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. If the EMC denies the variance request, the Planning Board shall prepare a final decision denying the variance.

12-1.11.

10%/70% Development Option.

(A)

Within the WPIII-BW Overlay District, the Board of Commissioners may, on 10% of the total land area of the WPIII-BW Overlay District, authorize nonresidential development to be constructed with a maximum 70% built-upon area provided that the stormwater control structures specified in Section 12-1.13 are utilized. Such additional nonresidential intensity allocation authorized by this Section must comply with all other applicable provisions of Section 12-1.

(B)

Development projects authorized under this Section shall, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters, provide engineered stormwater controls in accordance with Section 12-1.13, and incorporate Best Management Practices to minimize water quality impacts.

(C)

The Planning Director shall keep records of the County's use of the 10%/70% option authorized by this Section. Records for each watershed shall include the total acres of the WPIII-BW watershed, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use, and stormwater management plan, if applicable.

12-1.12.

High Density Development Option.

(A)

Upon approval by the Board of County Commissioners, a high density option may be authorized provided that the requirements of this subsection are met.

(1)

Within the WPIV-CA Overlay District, new development may exceed the density and built-upon area standards set forth in Sections 12-1.3(B) and (C) provided that (a) engineered stormwater controls are used to control runoff from the first inch of rainfall and (b) that the built-upon area does not exceed 50%. Within the WPIV-PA Overlay District, new development may exceed the density and built-upon area standards set forth in Sections 12-1.4(B) and (C) provided that (a) engineered stormwater controls are used to control runoff from the first inch of rainfall and (b) that the built-upon area does not exceed 70%.

(2)

The engineered stormwater controls required in subsection 1 shall be designed in accordance with Section 12-1.13.

(3)

Financial assurance for the purpose of maintenance, repairs, or reconstruction of stormwater control structures shall be provided pursuant to Section 12-1.14.

(4)

Stormwater control structures shall be maintained and inspected in accordance with the provisions of Section 12-1.15.

(5)

An occupancy permit shall not be issued for any building within the permitted development until the stormwater control structure has been inspected and approved, as provided in Section 12-1.15.

(6)

All site plans for developments proposing to utilize the high density option must be reviewed and approved by the Board of Commissioners.

12-1.13.

Stormwater Control Structures.

(A)

Developments located within watershed overlay districts that have been approved for the high density development option authorized in Section 12-1.12 and developments authorized under the 10%/70% option in accordance with Section 12-1.11 shall comply with the requirements of this Section.

(B)

All stormwater control structures shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent that the General Statutes, Chapter 89A allow and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in General Statutes 89(C)-3(7).

(C)

All stormwater controls shall use wet detention ponds as a primary treatment system unless alternative stormwater management measures, as outlined in subsection (D), are used. Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Specific requirements for these systems shall be in accordance with the following design criteria:

(1)

Wet detention ponds shall be designed to remove 85% of total suspended solids in the permanent pool and storage runoff from a one inch rainfall from the site above the permanent pool;

(2)

The designed runoff storage volume shall be above the permanent pool;

(3)

The discharge rate from these systems following the one inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least five days;

(4)

The mean permanent pool depth shall be a minimum of three feet;

(5)

The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features; and

(6)

Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least thirty feet in length. The slope and width of the vegetative filter shall be determined so as to provide a non-erosive velocity of flow-through the filter for a 10-year, 24-hour storm with a 10-year, 1-hour intensity with a slope of five percent or less. Vegetation in the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics.

(D)

Alternative stormwater management systems, consisting of one treatment option or a combination of treatment options, may be used. The design criteria for approval shall be 85 percent average annual removal of Total Suspended Solids. Also, the discharge rate shall meet one of the following criteria:

(1)

The discharge rate following the 1-inch design storm shall be such that the runoff draws down to the pre-storm design stage within five days, but not less than two days; or

(2)

The post development peak discharge rate shall equal the predevelopment rate for the 1-year, 24-hour storm.

(E)

In addition to the vegetative filters required in subsection (C)(6) above, all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within thirty days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement described in Section 12-1.14(C).

(F)

A description of the area containing the stormwater control structure shall be prepared and filed, consistent with Section 12-1.15(I) and (J), as a separate deed with the County Register of Deeds along with any easements necessary for general access to the stormwater control structure. The deeded area shall include the stormwater control structure, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs and reconstruction.

(G)

Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.

12-1.14.

Financial Security for Stormwater Control Structures.

(A)

All new stormwater control structures authorized in Section 12-1.13(A) shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance of the stormwater control structures.

(B)

Financial assurance shall be in the form of the following:

(1)

Surety Performance Bond or Other Security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to Nash County or placed in escrow with a financial institution designated as an official depository of Nash County. The bond or other instrument shall be in an amount equal to 1.5 times the total cost of the stormwater control structure, as estimated by Nash County and approved by the Board of Commissioners. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and, grading, excavation, fill, etc. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization.

(2)

Cash or Equivalent Security Deposited After the Release of the Performance Bond. Consistent with Section 12-1.15(K)(1), the permit applicant shall deposit with Nash County either cash or other instrument approved by the Board of Commissioners that is readily convertible into cash at face value. The cash or security shall be in an amount equal to fifteen percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten-year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Section 12-1.15(A). The amount shall be computed by estimating the maintenance cost for twenty-five years and multiplying this amount by two fifths or 0.4. If no performance bond is required for construction of the stormwater control structure, the amount shall be deposited at the time the operation and maintenance agreement is recorded.

(C)

The permit applicant shall enter into a binding operation and maintenance agreement between Nash County and all interests in the development. Said agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed with the Nash County Register of Deeds by the Planning Director.

(D)

Default Under the Performance Bond or Other Security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the performance bond or other security, the Board of Commissioners may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The Board of Commissioners shall return any funds not spent in completing the improvements to the owning entity.

(E)

Default Under the Cash Security. Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and maintenance agreement, the Board of Commissioners shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the operation and maintenance agreement. The Board of Commissioners shall not return any of the deposited cash funds.

12-1.15.

Maintenance and Inspection of Stormwater Control Structures.

(A)

An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure authorized in Section 12-1.11 or Section 12-1.12, 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 operation and maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs. At a minimum, the plan shall consider the recommendations of the NC BMP Manual for the facilities included.

(B)

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 control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.

(C)

Except for general landscaping and grounds management, the owning entity shall notify the Planning Director prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Planning Director 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. The Planning Director may consult with an engineer, certified BMP inspector or landscape architect (to the extent that the General Statutes, Chapter 89A allow).

(D)

Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Planning Director, in consultation with the County Engineer. Proposed design changes shall be in accordance with the NC BMP Manual and prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A allow).

(1)

If the Planning Director approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the office of the Planning Director.

(2)

If the Planning Director disapproves the changes, the proposal may be revised and resubmitted as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.

(E)

If the Planning Director finds that the operation and maintenance plan or manual is inadequate for any reason, upon consultation with the County Engineer, the Planning Director shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Nash County Register of Deeds, the office of the Planning Director and the owning entity.

(F)

Processing and inspection fees shall be submitted to Nash County Planning office. Applications shall be considered incomplete if not accompanied by the required fee. Recording fees, if applicable, shall be payable to the Nash County Register of Deeds.

(G)

A permit and inspection fee schedule, as approved by the Board of Commissioners, shall be posted in the office of the Planning Director.

(H)

Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with subsection (D) above, except in the case when a similar fee has been paid within the last 60 days.

(I)

The stormwater control structure shall be inspected by the County Engineer or qualified designee, after the owning entity notifies the County that all work has been completed. At this inspection, the owning entity shall provide:

(1)

The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Nash County Register of Deeds;

(2)

A certification sealed by an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.

(J)

If the Planning Director approves the inspection report and accepts the certification, deed and easements, the Planning Director shall file the deed and easements with the Nash County Register of Deeds, release up to seventy-five percent of the value of the performance bond or other security (UDO 12-1.14 (B)(1)) and issue an occupancy permit for the stormwater control structure.

If deficiencies are found, the Planning Director shall direct that improvements and inspections be made and/or documents corrected and resubmitted.

(K)

No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition to release the remaining value of the performance bond or other security (UDO 12-1.14 (B)(1)). Upon receipt of said petition, the County Engineer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended.

(1)

If the Planning Director approves the inspection report and accepts the petition, the developer shall deposit with the County a cash amount equal to that described in Section 12-1.14(B)(2) after which, the Board of Commissioners shall release the performance bond or other security.

(2)

If the Planning Director does not accept the report and rejects the petition, the Planning Director shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release the performance bond or other security.

(L)

All stormwater control structures shall be inspected on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of filing date of the deed for the stormwater control structure.

(M)

In the event that the Planning Director discovers the need for corrective action or improvements, the Planning Director shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Planning Director shall inspect and approve the completed improvements.

(Ord. of 7-9-2012; Ord. of 4-1-2019)

The Flood Hazard Overlay District (FHO), as established in Section 9-1.7(A), is designed for the purpose of protecting people and property from the hazards of flooding in accordance with the authority provided in G.S. 153A-121.

Basis for Establishing the Special Flood Hazard Areas

The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) dated July 7, 2014 for Nash County, North Carolina and associated Digital Flood Insurance Rate Map (DFIRM) panels, including any digital data developed as part of the Flood Insurance Study, which are adopted by reference and declared a part of this ordinance. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of Nash County are also adopted by reference and declared a part of this ordinance.

12-2.1.

Definitions. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning indicated when used throughout Section 12-2.

(A)

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

(B)

Addition (to an existing building). An extension or increase in the floor area or height of a building or structure. Additions to existing buildings shall comply with the requirements for new construction, unless the addition, renovation or reconstruction to any building, that was constructed prior to the initial Flood Insurance Study for that area, and the addition, renovation or reconstruction does not equal 50% of the present market value of the structure. Where a firewall is provided between the addition and the existing building, the addition(s) shall be considered a separate building and must comply with the standards for new construction.

(C)

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

(D)

Area of Shallow Flooding. A designated AO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

(E)

Area of Special Flood Hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. As used in this Ordinance, the term refers to that area designated as subject to flood from the one hundred year flood on the "Flood Insurance Rate Map" prepared by the Federal Emergency Management Agency, a copy of which is on file in the administrator's office. This area shall comprise the Flood Hazard Overlay District established in Section 9-1.7(A).

(F)

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

(G)

Basement. That lowest level or story which has its floor subgrade on all sides.

(H)

Base Flood Elevation (BFE). A determination as published in the flood Insurance Study of the water surface elevations of the base flood. This elevation combined with the freeboard creates the regulatory Flood protection elevation.

(I)

Breakaway Wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. A breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. A wall with loading resistance of more than 20 pounds per square foot requires an architect's or professional engineer's certificate.

(J)

Building. Any structure built for support, shelter, or enclosure for any occupancy or storage.

(K)

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

(L)

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(M)

Disposal. Defined as in NCGS 130A-290(a)(6).

(N)

Elevated Building. A non-basement building that has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

(O)

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

(P)

Existing Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Ordinance.

(Q)

Flood Boundary and Floodway Map (FBFM). An official map of a community, issued by the Federal Emergency Management Agency, on which the Special Flood Hazard Areasand the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM).

(R)

Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

•

the overflow of inland or tidal waters; and

•

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

(S)

Flood Hazard Boundary Map (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

(T)

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

(U)

Flood Insurance Rate Map (FIRM). An official map of a community, issued by the Federal Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated.

(V)

Flood Insurance Study (FIS). An examination, evaluation, and determination of flood hazard areas, corresponding water surface elevations (if appropriate), flood insurance risk zones, and other flood data in a community issued by FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if published.

(W)

Floodplain or Flood Prone Area. Any land area susceptible to being inundated by water from any source.

(W.1)

Floodplain Development Permit. Any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.

(X)

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

(Y)

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

(Z)

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

(AA)

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Floodways are located within areas of special flood hazard as defined herein.

(BB)

Flood Zone. A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

(CC)

Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood-frame construction. The term does not include the floor of a garage used solely for parking vehicles.

(DD)

Freeboard. The additional amount of height added to the Base Flood Elevation (BFE) to account for uncertainties in the determination of flood elevations. See also Regulatory Flood Protection Elevation.

(EE)

Functionally Dependent Facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

(FF)

Habitable Floor. Any floor usable for living purposes which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a habitable floor.

(GG)

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure.

(HH)

Historic Structure. Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the US Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a State inventory of historic places; (d) individually listed on a local inventory of historic place in communities with historic preservation programs that have been certified (1) by an approved state program as determined by the Secretary of Interior, or (2) directly by the Secretary of Interior in states without approved programs.

(II)

Levee. A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

(JJ)

Levee System. A flood protection system, which consists of a levee, or levees, and associated structures, such as closure, and drainage devices, which are constructed and operated in accordance with sound engineering practices.

(KK)

Lowest Adjacent Grade (LAG). The elevation of the ground, sidewalk, patio slab, or deck support immediately next to the building after completion of the building. For Zone A and AO, use the natural grade elevation prior to construction.

(LL)

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

(MM)

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle.

(NN)

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(OO)

Market Value. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed values.

(PP)

Mean Sea Level. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988 or other vertical control datum used as a reference for establishing varying elevations within the floodplain, to which Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum used.

(QQ)

National Geodetic Vertical Datum (NGVD). As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

(RR)

New Construction. Structures for which the start of construction commenced on or after the effective date of this Ordinance.

(SS)

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after October 10, 1989.

(TT)

Non-Encroachment Area. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.

(UU)

Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

(VV)

Post-FIRM. Construction or other development that started on or after January 20, 1982 or on or after the effective date of the initial Flood Insurance Rate Map for the area, whichever is later.

(WW)

Pre-FIRM. Construction or other development that started before January 20, 1982 or before the effective date of the initial Flood Insurance Rate Map for the area, whichever is later.

(XX)

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

(YY)

Recreational Vehicle. A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.

(ZZ)

Reference Level. The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance of such building. Within Special Flood Hazard Areas designated as zones A1-A30, AE, A, A99, AO, or AH, the reference level is the top of the lowest floor or bottom of lowest attendant utility including ductwork, whichever is lower.

(AAA)

Regulatory Flood Protection Elevation. The elevation to which all structures and other development located within the Special Flood Hazard Areas must be elevated or floodproofed, if nonresidential. Within areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus 1 foot of freeboard. In areas where no BFE has been established, all structures and other development must be elevated or floodproofed, if nonresidential, to 2 feet above the highest adjacent grade.

(BBB)

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

(CCC)

Repetitive Loss. Flood related damages sustained by a structure on two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

(DDD)

Retrofitting. Measures, such as floodproofing, elevation, construction small levees, and other modifications, taken on an existing building or its yard to protect it from flood damage.

(EEE)

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

(FFF)

Salvage Yard, Scrap Processing. Any establishment listed in the Standard Industrial Classification Manua lunder Industry Number 5093. Also, any residential or nonresidential land or area used, in whole or part, for the storage, keeping, accumulation of scrap or waste materials, including scrap metals, waste paper, rags, building materials, machinery, or other scrap materials.

(GGG)

Solid Waste Disposal Facility. Any facility involved in the disposal of solid waste, as defined in NCGS 130A-290(a)(35).

(HHH)

Solid Waste Disposal Site. Defined as in NCGS 130A-290(a)(36).

(III)

Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (PL 97-348). Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the state of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

(JJJ)

Structure. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

(KKK)

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood related damages sustained by a structure on two separate occasions during a 10 year period for which the cost of repairs at the time of each flood event, on the average equal or exceeds 25% of the market value of the structure before the damage occurred.

(LLL)

Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or, (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(MMM)

Substantially Improved Existing Manufactured Home Park or Subdivision. Where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction, or improvement commenced.

(NNN)

Variance. A grant of relief to a person from the requirements of this Ordinance which permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.

(OOO)

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

(PPP)

Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(QQQ)

Water Surface Elevation (WSE). The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

12-2.2.

Artificial Obstructions Within Floodways Prohibited.

(A)

Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles and has erosion potential.

(B)

No artificial obstruction may be located within any floodway.

(C)

For purposes of this Section, an artificial obstruction is any obstruction, other than a natural obstruction, that is capable of reducing the flood-carrying capacity of a stream or may accumulate debris and thereby reduce the flood carrying capacity of a stream. A natural obstruction includes any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a non-human cause.

(D)

The following standards shall apply to any permissible use or any other use allowed by variance (in accordance with Section 7-2.2):

(1)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.

(2)

If subsection (D)(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 12-2.4.

(3)

No manufactured home shall be permitted nor relocated in a floodway.

12-2.3.

Reserved.

12-2.4.

Construction Within Areas of Special Flood Hazard Restricted.

(A)

No new residential building may be constructed and no substantial improvement of a residential building may take place within any area of special flood hazard except in accordance with subsection (D) or (E) of this Section.

(B)

No new nonresidential building, with the exception of public utility structures, may be constructed and no substantial improvements of a nonresidential building may take place within any area of special flood hazard except in accordance with subsection (D) or (E) of this Section.

(C)

The following general standards shall apply to any permissible use, any public utility structure and any use allowed by variance (in accordance with Section 7-2.2) in an area of special flood hazard:

(1)

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(3)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage;

(4)

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

(5)

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

(6)

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

(7)

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;

(8)

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

(9)

Any alteration, repair, reconstruction or improvements to a structure which is in compliance with the provisions of this Ordinance shall meet the requirements of 'new construction' as contained in this Ordinance; and

(10)

Non-conforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this Ordinance. Provided, however, nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the Floodway Zone, provided that the bulk of the building or structure below base flood elevation in the Floodway Zone is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance.

(D)

In all areas of special flood hazard where base flood elevation data has been provided, the following specific standards shall apply to any permissible use and any use allowed by variance (in accordance with Section 7-2.2):

(1)

Residential Construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided.

(2)

Nonresidential Construction. New construction or substantial improvement of any commercial, industrial, or nonresidential structure shall have the lowest floor, including basement, elevated one foot above the level of the base flood elevation. Structures located in A-zones may be flood-proofed in lieu of elevation provided that all areas of the structure below the required elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 12-2.7(A)(5).

(3)

Manufactured Homes.

(a)

Manufactured homes that are placed or substantially improved on sites (i) outside a manufactured home park or subdivision; (ii) in a new manufactured home park or subdivision; (iii) in an expansion to an existing manufactured home park or subdivision; or, (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(b)

Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of subsection (a) above of this Ordinance must be elevated so that the lowest floor of the manufactured home is elevated one foot above the base flood elevation, and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement.

(c)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by the Commissioner of Insurance pursuant to NCGS 143.143.15. Additionally, when the elevation would be met by an elevation of the chassis at least 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.

(d)

An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Zoning Administrator and the local Emergency Management Coordinator.

(4)

Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall either:

(a)

Be on site for fewer than 180 consecutive days;

(b)

Be fully licensed and ready for highway use; or

(c)

Meet the requirements of Sections 12-2.4(C) and (D)(3) and Section 12-2.7.

(5)

Elevated Buildings. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.

(a)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

(i)

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

(ii)

The bottom of all openings shall be no higher than one foot above grade; and,

(iii)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.

(iv)

Foundation enclosures: Vinyl or sheet metal skirting is not considered an enclosure for regulatory and flood insurance rating purposes. Therefore such skirting does not require hydrostatic openings as outlined above. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires hydrostatic openings as outlined above to comply with this ordinance.

(v)

If a building has more than one enclosed area, each area must have openings to allow floodwater to enter directly.

(b)

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.

(c)

Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).

(d)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

(6)

Temporary Structures. Prior to the issuance of a development permit, for a temporary structure, the following requirements must be met:

(a)

All applicants must submit to the Zoning Administrator a plan for the removal of such structure(s) in the event of a hurricane or flash flood notification. The plan must include the following information:

(i)

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

(ii)

The Time Frame Prior To The Event At Which A Structure Will Be removed;

(iii)

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

(iv)

Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved.

(v)

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 one year.

(b)

The above information shall be submitted in writing to the Zoning Administrator for review and written approval.

(7)

Accessory Structure. When accessory structures (sheds, detached garages, etc.) with a footprint less than 150 square feet that satisfies the criteria outlined, does not require an elevation or floodproofing certificate. Elevation or floodproofing certification is required for all other accessory structures.

(a)

Accessory structures shall not be used for human habitation;

(b)

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

(c)

Accessory structures shall be firmly anchored in accordance with Section 12-2.4(C)(1); and

(d)

Service facilities such as electrical and heating equipment shall be elevated in accordance with Section 12-2.4(C)(5).

(e)

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

(E)

Located within the areas of special flood hazard are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas to any permissible use or any use allowed by variance in accordance with Section 7-2.2;

(1)

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

(2)

If subsection (E)(1) is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of Section 12-2.4 and shall be elevated or flood-proofed in accordance with elevations established in accordance with Section 12-2.7(A)(5). When base flood elevation data is not available from a federal, state, or other source, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade.

(F)

Whenever any portion of an area of special flood hazard outside of the floodway is filled in with fill dirt, slopes shall be adequately stabilized to withstand the erosive force of the base flood.

(G)

(a)

There shall be no new solid waste disposal facilities, hazardous waste management facilities, salvage yards, or chemical storage facilities, and no extension of any solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities within Special Flood Hazard Areas. This standard is specifically not subject to the variance procedures of this ordinance.

(b)

All chemical or fuel storage tanks located within any floodplain shall be either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(H)

Additions or improvements. Additions and or improvements to pre-FIRM structures whereas the addition and or improvements in combination with any interior modification to the existing structure are not a substantial improvement, the addition and or improvements must be designed to minimize flood damages and must not be any more non conforming that the existing structures. Additions to post FIRM structures, with no modifications to the existing structure, shall require only the addition to comply with the standards for new construction. Additions and or improvements to post FIRM structures, whereas the addition and or improvements in combination with any interior modifications to the existing structure 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 must comply with the standards for new construction.

12-2.5.

Special Provisions for Subdivisions.

(A)

An applicant for subdivision plat approval shall be informed by the Zoning Administrator of the use and construction restrictions contained in Sections 12-2.2, 12-2.3, and 12-2.4 if any portion of the land to be subdivided lies within an area of special flood hazard.

(B)

Final plat approval for any subdivision containing land that lies within an area of special flood hazard may not be given unless the plat shows the boundary of the area of special flood hazard and floodway boundary and contains, in clearly discernible print, the following statement: "Use of land within an area of special flood hazard is substantially restricted by Section 12-2 of the Nash County Unified Development Ordinance."

(C)

Subject to the following sentence, a request for final plat approval for any subdivision may not be granted if:

(1)

The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots; and

(2)

Any portion of one or more of the proposed lots lies within an area of special flood hazard; and

(3)

It reasonably appears that one or more lots described in subsections (C)(1) and (C)(2) could not practicably be used as a residential building site because of the restrictions set forth in Sections 12-2.2, 12-2.3, and 12-2.4.

The foregoing provision shall not apply if a notice that the proposed lots are not intended for sale as residential building lots is recorded on the final plat, or if the developer otherwise demonstrates to the satisfaction of the authority approving the final plat that the proposed lots are not intended for sale as residential building lots.

(D)

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

(E)

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

(F)

All subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(G)

Base flood elevation data shall be provided for subdivision proposals, which contain fifty lots or five acres, whichever is less.

12-2.6.

Water Supply and Sanitary Sewer Systems in Areas of Special Flood Hazard. Whenever any portion of a proposed development is located within an area of special flood hazard or whenever replacement water supply and sewage disposal systems are proposed within an area of special flood hazard, the agency or agencies responsible for certifying to the County the adequacy of the water supply and sewage disposal systems for the development (as set forth in Section 10-7.4) shall be informed by the developer that a specified area within the development lies within an area of special flood hazard. Thereafter, approval of the proposed system by that agency shall constitute a certification that:

(A)

Such water supply system is designed to minimize or eliminate infiltration of floodwaters into it.

(B)

Such sanitary sewer system is designed to eliminate infiltration of floodwaters into it and discharges from it into floodwaters.

(C)

Any on-site sewage disposal system is located to avoid impairment to it or contamination from it during flooding.

12-2.7.

Permit Requirements, Certifications, and Duties and Responsibilities of the Zoning Administrator.

(A)

Application for a zoning, floodplain development permit, special use, or conditional use permit shall be made to the Zoning Administrator on forms furnished by the Administrator prior to any development activities. The application permit may include, but not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities. Specifically, the following information is required:

(1)

Where base flood elevation data are provided in accordance with subsection (B)(2), the application for a permit within the Zone A on the Flood Insurance Rate Map shall show:

(a)

The elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and

(b)

If the structure has been flood proofed in accordance with Section 12-2.4(D)(2), the elevation (in relation to mean sea level) to which the structure was floodproofed.

(c)

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

(d)

Openings to facilitate the unimpeded movements of floodwaters when solid foundation perimeter walls are used in A, AO, AE, and A1-30 zones;

(e)

Usage details of any enclosed space below the regulatory flood protection elevation;

(f)

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

(g)

Documentation for placement of Recreational Vehicles and or temporary structures, when applicable to ensure requirements of this ordinance are met.

(h)

All certification submittal requirements with timelines

(i)

A statement that no fill material shall encroach into the floodway or non-encroachment area of any watercourse, if applicable.

(2)

Where the base flood elevation data are not provided, the application for a permit must show construction of the lowest floor at least 2 feet above the highest adjacent grade.

(3)

Where any watercourse will be altered or relocated as a result of proposed development, the application for a permit shall include: 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 properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation.

(4)

When a structure is floodproofed, the applicant shall provide a certificate from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in Section 12-2.4(D)(2).

(5)

The following structures, if located within A, AO, AE or A1-30 zones, are exempt from the elevation/floodproofing certification requirements specified in 12-2.7 6:

(a)

Recreation Vehicles meeting requirements of 12-2.4 D 4;

(b)

Temporary structures meeting requirements of 12-2.4 D 6;

(c)

Accessory structures less than 150 square feet meeting requirements of 12-2.4 D7.

(6)

A Final As-Built Elevation Certificate (FEMA Form 81-31) or Floodproofing Certificate (FEMA Form 81-65) 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 or floodproofed elevation of the reference level and all attendant utilities. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.

(B)

The Zoning Administrator shall review all zoning; floodplain development permits, special use, or conditional use permits to assure that any development within an area of special flood hazard is reasonably safe from the hazards of flooding and shall:

(1)

Where base flood elevation data or floodway data are available:

(a)

Obtain the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures;

(b)

Obtain, for all structures that have been floodproofed (whether or not such structures contain a basement), the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

(c)

Maintain a record of all such information.

(2)

Where base flood elevation data or floodway data have not been provided:

(a)

Obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, including data developed pursuant to Section 12-2.5(G), for enforcing the requirements set forth in Section 12-2;

(b)

Obtain and record the actual elevation constituting the highest adjacent grade, to which all new or substantially improved structures are elevated or floodproofed; and

(c)

Maintain a record of all such information.

(3)

Notify, in riverine situations, adjacent communities, the NC Department of Crime Control and Public Safety, Division of Emergency Management prior to any alteration or relocation of a watercourse, and submit copies of such notification to the Federal Emergency Management Agency.

(4)

Ensure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.

(5)

Ensure that all necessary permits have been received from those agencies from which approval is required by federal or state law.

(6)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 12-2.4(D)(2).

(7)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (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 Ordinance.

(8)

Prevent encroachments within floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of this ordinance are met.

12-2.8.

Location of Boundaries of Areas of Special Flood Hazard. As used in Section 12-2, the term "areas of special flood hazard" refers in the first instance to certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of this term. This term also refers to overlay zoning districts whose boundaries are the boundaries of the areas of special flood hazard shown on the map referenced in Sections 12-2.1(N) and (O), which boundaries are intended to correspond to the actual, physical location of areas of special flood hazard. (These overlay districts thus differ from other zoning districts whose boundaries are established solely according to planning or policy, rather than physical criteria.) Therefore, the Zoning Administrator is authorized to make necessary interpretations as to the exact location of the boundaries of areas of special flood hazards if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the Zoning Administrator, may be appealed to the Board of Adjustment in accordance with the applicable provisions of this Ordinance.

12-2.9.

Amendments to the Official Flood Hazard Zoning and Flood Hazard Boundary Map; Variance Procedures.

(A)

Amendments to the Official Flood Hazard Zoning and Flood Hazard Boundary Map.

(1)

All requests for revisions of areas of special flood hazard boundaries and base flood elevations shall be reviewed and approved by the Federal Emergency Management Agency.

(2)

The existing location of any area of special flood hazard as hereinabove defined may be amended in cases where:

(a)

A flood control project of the federal, state, county or city government has substantially altered the flood hazard;

(b)

Flood data indicates that the boundaries of either of the areas as shown on the official flood boundary and floodway map are no longer correct; or

(c)

A private individual, corporation, firm or county agency has submitted plans for a channel improvement or relocation requiring an amendment to the official flood hazard boundary map.

(B)

Variance Procedures. Requests for variances from the Flood Hazard Overlay District Requirements shall be reviewed by the Board of Adjustment in accordance with the procedures outlined in Section 7-2.2.

12-2.10.

Regulations Do Not Guarantee Flood Protection. The degree of flood protection required by this Ordinance is considered reasonable for regulating purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade 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 Nash County 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.

12-2.11.

Setbacks from Streams Outside Designated Areas of Special Flood Hazard. In any area that is located outside a designated area of special flood hazard but where a stream is located, no building or fill may be located within a distance of the stream bank equal to five times the width of the stream at the top of the bank or twenty feet on each side, whichever is greater.

12-2.12.

Standards for Riverine Floodplains with BFE but without established floodways or non-encroachment areas.

(A)

Along rivers and streams where Base Flood Elevation (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, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

12-2.13.

Standards for areas of shallow flooding (ao zones). Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate.

All new construction and substantial improvements of all structures shall have the lowest floor, including basement, elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least to the regulatory flood protection elevation as defined for the Special Flood Hazard Areas where no BFE has been established.

All new construction and substantial improvements of nonresidential structures may, in lieu of elevation, be completely floodproofed together with attendant utilities and sanitary facilities at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, above the highest adjacent grade so that any space below that level is 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. If no depth number is specified, the lowest floor, including basement, shall be floodproofed at least to the regulatory flood protection elevation as defined for the Special Flood Hazard Areas where no BFE has been established. Certification is required as per Article 12-2.7 6.

(Ord. of 3-11-2013; Ord. of 5-6-2013; Ord. of 3-10-2014)

The general standards contained in this Section shall apply throughout the planning jurisdiction. However, developments located within watershed protection overlay districts shall comply with the applicable additional requirements of Section 12-1.

12-3.1.

Natural Drainage System Utilized to Extent Feasible.

(A)

To the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing manmade drainage ways shall remain undisturbed.

(B)

To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.

12-3.2.

Developments Must Drain Properly.

(A)

All 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 storm water runoff control plan; or

(2)

The retention is not substantially different in location or degree than that experienced by the development site in its pre-development stage, unless such retention presents a danger to health or safety.

(B)

No surface water may be channeled or directed into a sanitary sewer.

(C)

Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or roads.

(D)

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.

12-3.3.

Tar-Pamlico River Basin Overlay (TPO) District Regulations for New Development. The Tar-Pamlico Stormwater Rule is designed to significantly reduce nitrogen and phosphorus loading which are needed to restore water quality standards and minimize the recurrence of harmful algae blooms in the Pamlico River estuary. The goal is to reduce nitrogen loading by 30% from 1991 levels and hold phosphorus loading at 1991 levels. In addition, the rule requires that new development not cause erosion of surface water conveyances. At a minimum, new development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the 1-year, 24-hour storm event. This requirement protects stream channels from erosion that occurs with a bankfull-flooding event.

12-3.3.1.

General Requirements. All of the regulations delineated in Section 12-3.3 are intended to comply with the requirements of 15A NCAC 2B .0258. Property located within a TPO (Tar-Pamlico Overlay) District shall comply with the provisions of Section 12-3.3. The boundary of the overlay district shall be consistent with the Tar-Pamlico boundary defined by DWQ in Nash County outside of any municipality and its extraterritorial jurisdiction.

12-3.3.2.

Applicability.

(A)

Applicable New Development Activities.

1.

Any activity that disturbs more than one acre of land to establish, expand, modify or replace a single-family or duplex residential development or recreational facility is subject to the requirements. For individual single-family residential lots of record that are not part of a larger common plan of development or sale, the activity must also result in greater than ten percent built-upon area.

2.

Any activity that disturbs more than one-half an acre of land to establish, expand, modify or replace a multifamily residential development or a commercial, industrial or institutional facility is subject to the requirements.

(B)

Exemptions to Applicability.

1.

Vested Projects Exemption.

a.

Sketch plans and preliminary plats that are approved prior to September 14, 2004 may be considered vested in accordance with section 10-3.2(F) or 10-3.3(D).

b.

Site plans that are approved prior to September 14, 2004 may be considered vested, contingent upon the development being constructed and receiving a final certificate of occupancy within one year (or according to Article IV Section 4-9 Completing Developments In Phases).

c.

Preliminary plats and site-specific development plans are also considered vested if approved in accordance with Article IV Section 4-15 Zoning Vested Rights.

In no case shall the Vested Projects Exemption apply to a project, which is not fully constructed within 5 years from the date of project approval. Bonding does not constitute "fully constructed" for purposes of this exemption.

2.

Redevelopment Exemption. The following projects are exempt from the nutrient loading requirements, but must comply with the peak flow attenuation unless exempted in 12-3.3.2.v. below:

a.

Any project replacing or expanding existing structures or improvements that does not result in a net increase in built-upon area.

b.

Any project located in a "redevelopment area" as defined in Section 12-3.3.3.

3.

Agricultural Activity Exemption. Agricultural activities, including intensive livestock operations, mining and forestry are exempt from nutrient and peak flow attenuation rules.

4.

Redevelopment Project Exemption. Any project located in a defined "redevelopment area."

5.

Peak Flow Attenuation Exemption. A new development project may be exempt from the peak flow attenuation requirements if the increase in peak flow between pre-and post-development conditions does not exceed 10%; or in which the proposed new development meets both of the following criteria: (1) Overall impervious surface is less than 15%; and (2) the remaining pervious portions of the site are utilized to the maximum extent practicable to convey and control the stormwater runoff.

12-3.3.3.

Definitions.

(A)

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

(B)

Built-Upon Area. That portion of a development project that is covered by impervious or partially impervious cover including but not limited to: buildings, pavement, and gravel area. Slatted wooden decks and the water surface area of pools shall be considered pervious.

(C)

Disturbed Area. Any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation including but not limited to: grubbing, stump removal, grading or removal of structures.

(D)

Impervious Surface. A surface composed of any material that impedes or prevents natural infiltration of water into the soil. Gravel areas shall be considered impervious.

(E)

Jurisdiction-Wide Approach. (Within the context of the rule and this Section), generally means a nutrient-reducing management measure or strategy implemented under the authority of the County to offset one or more increases that may take place in the same or a separate watershed within the jurisdiction. An offsite-offset project that is implemented under the authority of the County to serve projects in multiple watersheds would be a specific type of jurisdiction-wide approach. Examples of nutrient reducing measures may include but are not limited to conventional stormwater facilities, constructed wetlands, or land conservation.

(F)

Natural Drainage Way. A channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a natural drainage way unless the constructed channel was a natural drainage way that has been relocated, widened, or otherwise improved.

(G)

New Development.

i.

Any activity that disturbs greater than one acre of land in order to establish, expand, replace or modify a single-family or duplex residential development or recreational facility.

ii.

Any activity that disturbs greater than one-half acre of land in order to establish, expand, replace or modify a multi-family residential development or a commercial, industrial, or institutional facility.

iii.

New development shall not include mining, agricultural (including ILOs) or forestry activities.

(H)

Nutrients. Nitrogen and phosphorus, which if present in excessive amounts within a water body, can lead to large growths of algae, low dissolved oxygen concentrations, and other water quality problems.

(I)

Redevelopment Area. Any area, such as a historic crossroads community or other existing developed area, for which the Board of County Commissioners establishes a redevelopment strategy that is conducive to the goals of the Tar-Pamlico nutrient strategy, addressing the following criteria:

i.

A "fix it first" policy that reserves public funds for repair of existing infrastructure in these areas before investing in new infrastructure of the same type in new growth areas.

ii.

Mixed use/mixed density zoning provisions.

iii.

Retrofits are consistent with NCDOT definitions for pedestrian scale in traditional neighborhood developments (e.g., 80% of users are within a ¼ mile walk from schools, libraries, and recreational/athletic facilities, 60% of students and 50% of teachers are within ½ mile walk from schools, and 40% of congregants are within ¼ mile of churches).

iv.

Parking maximums or shared parking ratios.

v.

Residential density bonuses where parking maximums, pedestrian scale, or "fix it first" are proposed.

The Board shall demonstrate compliance with the above criteria and obtain approval from the NC Division of Water Quality for any such redevelopment area before applying this exemption to any proposed development project within such area. All such redevelopment areas shall be depicted on a map and established by resolution.

(J)

Regional Facilities. Within the context of this Section, regional facility means a stormwater facility that serves a large developed area and serves more than one development draining to the same classified water. Examples of regional facilities may include but are not limited to wet detention ponds or constructed wetlands.

(K)

Stormwater. Flow resulting from and occurring after any form of precipitation.

(L)

Stormwater Conveyance System or Structure. Any feature, natural or manmade, that collects and transports stormwater, including but not limited to roadways with collection systems, catch basins, man-made and natural channels, streams, pipes and culverts, and any other structure or system designed to transport runoff.

(M)

Vegetative Buffer. An area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants.

12-3.3.4.

Permit Procedures, Requirements, and Approvals.

(1)

Permit Required. No person shall receive any permit for land development or land disturbing activity without first meeting the requirements of this part and receiving a stormwater permit prior to commencing the proposed activity unless specifically excluded from the requirements of this ordinance.

(2)

Application Requirements.

a.

Applicable review fees must be paid for an application to be considered complete.

b.

Exemption Review. A project submitted without nutrient calculations shall first be considered for exemption according to 12-3.3.2(B). The Stormwater Administrator shall confirm the exemption including any conditions or limitations on exemption (e.g., the date a vesting exemption expires). If exemption is not applicable, the Stormwater Administrator shall notify the submitter/applicant of additional requirements.

c.

Sketch Review. Nutrient calculations are not required to be submitted with sketch plans, but it is strongly recommended to evaluate whether the design will meet permit review standards.

d.

Preliminary Plats and Site Plan. Nutrient calculation worksheets must be submitted with preliminary plats and site plans (other than a single family residence) and must show that the design will obtain the required nutrient reduction.

e.

Permit Review/Application Elements. All development submissions requiring a stormwater permit and not approved for an exemption in 12-3.3.4(2)(2) above shall submit the following information for review and approval. Unless otherwise excepted, a permit application must be accompanied by the following in order for the permit application to be considered complete:

If No BMPs or Peak Flow measures are proposed:

1.

Two copies of professionally sealed calculation worksheets demonstrating that the proposed development complies with Tar-Pam Nutrient Reduction Requirements as designed;

2.

Site plan or preliminary plat showing land coverage detail (transportation and roof impervious, managed and wooded pervious areas);

3.

Conservation easement documentation with map and narrative, if applicable;

4.

Statement of intent to utilize Ecosystem Enhancement program or third party mitigation, if applicable; and

5.

A non-refundable permit review fee.

In addition to the above, if BMPs or peak flow attenuation measures are indicated or required, the application must also include:

6.

Approved BMP and/or Peak flow facility design specifications and calculation, including narrative;

7.

Map showing drainage area into treatment BMP or peak flow facility (including offsite areas, if applicable);

8.

Two copies of stormwater management plan;

9.

Two copies of an operation and maintenance agreement;

10.

Statement of intent to provide required financial security (12-3.3.15 and 12-1.14(2)), including how costs were calculated.

(3)

Application Procedure.

a.

Application for a stormwater permit may be filed with the Stormwater Administrator during regular business hours.

b.

An application for a stormwater permit may be filed simultaneously with an application for a building permit, zoning permit, subdivision approval or other land development permit issued by Nash County.

c.

Any applicant claiming a variance to one or more requirements of this ordinance shall submit evidence of valid approval of such variance at the time of permit application.

(4)

Stormwater Management Plan Requirements.

1.

All plans shall be prepared and sealed by a qualified professional who also certifies under seal that the plan, including engineering detail, conforms to the minimum requirements established by this ordinance.

2.

All plans shall include a site plan, which at a minimum, clearly indicates the following features unless the Stormwater Administrator determines that certain elements are not appropriate or are unnecessary for a particular application:

a.

Ownership and use of the proposed site and all surrounding properties;

b.

The entire area of development and existing built-upon area on the site;

c.

Existing and proposed structures and impervious surfaces;

d.

The location of any watercourses or surface water bodies;

e.

The location, extent and dimensions of all existing and proposed stormwater conveyances on and immediately adjacent to the development site;

f.

Existing and proposed buffer areas;

g.

Existing and proposed open space;

h.

Existing and proposed conservation easements;

i.

Existing and proposed topography using two foot contours;

j.

Existing and proposed structural BMPs;

k.

Existing and proposed structures related to peak flow attenuation;

l.

The extent of existing vegetation;

m.

Acreages of the various proposed land covers (e.g. transportation or roof impervious, managed open space, areas attributed to wooded pervious classification, etc.);

n.

Drainage areas flowing into BMPs and/or Peak Flow attenuation facilities (may include offsite areas);

o.

Diversion methods or structures if offsite drainage is diverted around site and excluded from calculations; and

p.

Any other information that the Stormwater Administrator needs in order to determine compliance with these regulations.

3.

All plans shall clearly demonstrate protection of and diffuse flow through buffer areas.

4.

All plans shall include nutrient calculation worksheets and peak flow calculations as established in section 12-3.3.6.

5.

All plans shall include data, site plans, and information necessary to support a proposed offsite approach, if applicable, as established in section 12-3.3.9.

6.

All plans shall include a landscaping plan, which clearly shows the extent of undisturbed vegetation and the location, species, number, and planting characteristics (including height at time of planting, spacing, etc.) of proposed vegetation. The plan must also describe the vegetative stabilization and management techniques to be used at the site after construction is completed, who will be responsible for the maintenance of vegetation, and what practices will be employed to ensure that adequate vegetative cover is preserved.

7.

All plans shall include engineering detail for each structural BMP, including calculations and narrative, sufficient to determine compliance with this ordinance.

(5)

Permit Review and Approval Procedure.

A.

The Stormwater Administrator shall approve, approve with conditions, forward to consulting/review engineer, forward to the Technical Review Committee, or deny the permit application within ten (10) working days of submittal.

B.

The Stormwater Administrator shall approve, approve with conditions, or deny the permit application within ten (10) days based on the recommendations of the Technical Review Committee or the consulting/review engineer, as applicable. If the permit application is denied, the Stormwater Administrator shall provide written comments to the applicant explaining the reason(s) for denial.

C.

If the permit application is approved by the Stormwater Administrator, a stormwater permit shall be issued. In the event a development requires approval by the Planning Board or the Board of Commissioners, a stormwater permit shall not be issued until final approval for the development has been obtained.

D.

A previously denied permit application may not be resubmitted for consideration unless the Stormwater Administrator determines that material facts, either in the ordinance or the application, have changed significantly enough to warrant reconsideration.

(6)

Permit Duration. Permits issued under this section shall be valid for a period of six months from the date of issuance unless a valid building permit has been issued and maintained for the site or the permit has been revoked by the Stormwater Administrator. If after six months the permitted activity has not begun nor a valid building permit secured, the stormwater permit shall expire. If the permitted project is phased, such as a single family residential subdivision, the permit issued under this section shall be valid as long as the approved preliminary plat or construction approval is valid.

(7)

Permit Amendments. Once an applicant has received a stormwater permit, any minor change or alteration to the site, as determined by the Stormwater Administrator, that is inconsistent with the approved permit shall require an amendment to the approved permit. Any major change or alteration to the site, as determined by the Stormwater Administrator, shall require the owner to submit a new stormwater permit application to the Stormwater Administrator for review and approval. Until such amendment or new permit have been approved, no work inconsistent with the original permit shall be commenced.

(8)

Permit Recordation. Permits issued under this section shall be recorded in the office of the Register of Deeds of Nash County. The recorded permit shall include a list of all conditions placed on the permit by the county and shall include references to the location of critical supporting documentation not included with the permit which may include, but shall not be limited to, approved stormwater management plans and operation and maintenance agreements.

12.3.3.5.

Calculating Peak Run-Off Volume.

A.

Projects must be designed so that there shall be no net increase in peak flow leaving the developed site from the predevelopment conditions for the 1-year, 24-hour storm.

B.

The following are acceptable methodologies for computing the pre- and post-development conditions for the 1-year, 24-hour storm:

i.

Rational Method.

ii.

Small Watershed Method (Dr. Rooney Malcom, P.E.).

iii.

Peak Discharge Method (as described in the USDA Soil Conservation Service's Technical Release Number 55).

iv.

Putnam Method.

v.

Alternative methods approved by the County and the Environmental Management Commission.

C.

The same method must be used for both the pre- and post-development conditions.

D.

Design Storm Options for Peak Flow.

a.

Option 1—1-Year Design Storm—Nash County—3.1 inches. In Nash County, for the one-year storm, the value for "g" is 112 and "h" is 20.

b.

Option 2—2-Year Design Storm, but Controlled to 1-Year Predevelopment Levels.

i.

Compute the peak flows (both pre- and post-development) from the drainage area based on the 2-year design storm using one of the methodologies listed above.

ii.

Estimate the 1-year predevelopment peak flow by multiplying the 2-year predevelopment peak by 80%.

iii.

Design a BMP that will control the 2-year post development peak flow to 1-year pre-development peak flow levels.

12-3.3.6.

Nutrient Loading.

(A)

Single and Two-Family Residential New Development.

1.

The nitrogen load contributed by new development activities shall not exceed 4.0 pounds per acre per year (lbs/ac/yr). Projects may achieve this load through onsite or offsite measures or some combination thereof as described in Section 12-3.3.6. In no case shall onsite loading exceed 6 lbs/ac/yr.

2.

The phosphorus load contributed by new development activities shall not exceed 0.4 lbs/ac/yr.

3.

The nitrogen (N) and phosphorus (P) exports must be calculated from each new development in lbs/ac/yr on the following automated worksheets provided both manually and electronically by the Nash County Planning and Development Department and as updated by DWQ:

i.

Export Calculation Worksheet for Piedmont Communities.

ii.

BMP Removal Calculation Worksheet for Piedmont Communities.

iii.

The Residential Worksheet provided in the calculation worksheets must be used to estimate land coverages (pervious and impervious), and apply the results to the nutrient export worksheets.

(B)

Multi-family and Non-Residential New Development.

1.

The nitrogen load contributed by new development activities shall not exceed 4.0 pounds per acre per year. Projects may achieve this load through onsite or offsite measures or some combination thereof; however, in no case shall onsite loading exceed 10 lbs/acre.

2.

The phosphorus load contributed by new development activities shall not exceed 0.4 pounds per acre per year.

3.

The nitrogen (N) and phosphorus (P) exports must be calculated from each new development in pounds/acre/year on the following automated worksheets provided on the Nash County website or the manual version provided in the Nash County Planning Department:

i.

Export Calculation Worksheet for Piedmont Communities.

ii.

BMP Removal Calculation Worksheet for Piedmont

12-3.3.7.

Best Management Practices (BMPs) for Reducing Nitrogen and Phosphorus.

(A)

Incorporation of the Stormwater Best Management Practices Manual. The North Carolina Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section, Stormwater Best Management Practices Manual, 1999, as updated in July 2007 and all amendments thereto, hereafter referred to as the "NC BMP manual" or "NC Design Manual," is hereby adopted by reference as fully as though set forth herein and shall be used to design required BMPs. If any standard, requirement, or procedure as set forth in the manual is in conflict with any standard, requirement, or procedure, as set forth in this ordinance then the most stringent shall prevail. This manual is updated periodically by NCDENR. An electronic copy of this manual may be viewed at NCDENR, Division of Water Quality website, Stormwater BMP Manual & BMP Forms—http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. A printed copy of the current manual may be obtained from the website or by contacting Nash County Planning and Development office.

(B)

Lowering Nitrogen Levels.

(1)

Single and Two-family Residential Development. When Nitrogen export is greater than 6 lbs/ac/yr, the owner must either use on-site BMPs or take part in an approved regional or jurisdiction-wide stormwater strategy to lower nitrogen to at least 6.

When Nitrogen export is greater than 4 lb but less than 6 lbs/ac/yr, the owner may install onsite BMPs or take part in an approved regional or jurisdiction-wide stormwater strategy or provide treatment of an offsite-developed area that drains into the same stream to achieve the same nitrogen mass loading reduction that would have occurred on the new development site, or some combination thereof.

(2)

Multifamily and Nonresidential Development. When Nitrogen export is greater than 10 lb N/ac/yr, the owner must either use on-site BMPs or take part in an approved regional or jurisdiction-wide stormwater strategy to lower nitrogen to at least 10 lbs/ac/yr. When Nitrogen export is greater than 4 lbs. but less than 10 lbs/ac/yr, the owner may install onsite BMPs or take part in an approved regional or jurisdiction-wide stormwater strategy or provide treatment of an offsite-developed area that drains into the same stream to achieve the same nitrogen mass loading reduction that would have occurred on the new development site, or some combination thereof.

(3)

Multiple BMPs. Multiple BMPs may be installed in series on a development; however the removal rate is calculated through serial rather than additive calculations.

_____

(C)

BMP Removal Rates. BMP Types, TN and TP Removal Rates and Design Standards.

_____

Note: Information in this table is provided from the Neuse-Tar Efficiencies, according to notice from DWQ dated 9-8-2004. Periodic updates to the efficiencies may be found at DWQ website for Tar-Pamlico Stormwater programs and updates will be effective for project calculations.

12-3.3.8.

Assigning Values to Pervious Cover. Wooded or Forested Areas. Undisturbed wooded or forested areas are calculated at the lawn/landscape managed pervious export rate; unless a county-approved permanent conservation easement for ensuring protection is executed and recorded.

Riparian Buffer Areas described in Article IV Section 12-3.4.5 Delineation of Buffer Zones are calculated as follows: Zone 1 is calculated as "wooded pervious." Zone 2 is calculated as "managed pervious" (lawn/landscape).

12-3.3.9.

Offsite Partial Offset Option for Nutrient Reduction. The Tar-Pamlico stormwater rule provides two options for partially offsetting nitrogen and phosphorus load increases from new development by making a one-time payment to the North Carolina Division of Mitigation Services Nutrient Offset Program, or by providing treatment of offsite-developed areas. There is no option for making a payment to address peak flow attenuation. To participate in either option, the development plan must demonstrate the following:

1.

The new development first reduces nitrogen export from the site to at least 6.0 lbs/ac/yr for residential and 10.0 lbs/ac/yr for other types of development. The balance of the nitrogen removal must be made by the offsite options.

2.

The net phosphorus loading for the project must be reduced to at least 0.4 lb/ac/yr. Some or all of the reduction may be obtained through the offsite options.

Option 1: The Nutrient Buy-Down Option: Pay a one-time offset payment to the North Carolina Division of Mitigation Services (DMS) Nutrient Offset Program or purchase offset credits from an authorized private mitigation bank using the applicable nitrogen and phosphorous offset payment calculations specified in the Nutrient Offset Payments Rule (15A NCAC 02B.0240).

i.

(Reserved)

ii.

In cases where reductions are needed for both nitrogen and phosphorous and the offset option is sought, shall make payment to address each nutrient type.

iii.

Applicant shall check availability of credits from approved private mitigation banks in the Service Area. If credits are available from a private bank, the developer must purchase from the private bank. If no credits are available the applicant submits the nutrient offset request directly to NC DMS for the purchase of the necessary credits. Prior to Nash County issuing a permit, the developer shall provide receipt from NCDMS.

Option 2: Offsite Construction Measures: The offsite area must drain to the same classified surface water as the new development, as defined in the schedule of classifications, 15A NCAC 2B .0316. The developer must also provide appropriate legal measures to ensure that the offsite area achieves and maintains the credited nutrient reduction for as long as the new development exists, including through changes of ownership on either property. In order to take advantage of the partial offset option, the development plan must demonstrate the following criteria:

• That the offsite facility drains into the same classified surface water as the new development.

• The offsite facility may be used to address only the nutrient requirements, unless the development proposal demonstrates that meeting some or all attenuation requirements offsite will not result in degradation of surface waters to which the new development site discharges.

• The offsite BMP may serve multiple projects provided the facility is appropriately sized and a tracking system to allocate nutrient removal is in place and the off-site facility has been approved as a regional BMP.

• Both the development owner and the owner of the offsite facility must agree in a documented, enforceable manner that offsite facilities are dedicated to achieving the specified nutrient and flow reductions for the life of the new development. The responsibility for maintaining these reductions as well as the provisions of any required conservation easements and operation and maintenance agreements shall run with the land and be binding upon subsequent owners of both the development project and the off site BMP.

• The operation and maintenance agreement shall require an annual inspection by a licensed professional and shall ensure that Nash County has the authority to inspect the stormwater facilities and make any necessary corrections if the owner fails to complete the required inspection or complete any required improvements. Any costs associated with this work, including administrative costs and fines, will be charge to the owner or party legally responsible for maintenance of the facility.

Many individual developments include stormwater designs that could be interpreted as "off-site" or "regional" under the broadest of definitions, but which are not intended for the type of review and approval process described here. Projects such as phased developments or commercial projects with out parcels may propose using shared stormwater facilities that receive runoff from more than one lot and that would be accessed by lots under different ownership at different points in time. These shared facilities are not considered "off-site" or "regional" and may be permitted as "on-site" facilities not subject to the pre-treatment limitations defined above.

12-3.3.10.

Regional or Jurisdiction Wide Options for Nutrient Reduction or Flow Control Requirements. Regional and jurisdiction-wide options and requirements are described in the Nash County Stormwater Program plan. Nash County shall propose any such strategy to and gain approval from the NC Division of Water Quality prior to permitting its use by any proposed development project.

12-3.3.11.

Annual Maintenance of BMPs. The County is required to ensure that BMPs implemented to achieve the nitrogen and phosphorus reduction and flow attenuation requirements for development are maintained and inspected on yearly basis.

12-3.3.12.

Owners' Associations. An owner's association shall be established in accordance with Article X, Section 10-5 for the purpose of owning all BMPs shown on the development plan and for ensuring that maintenance is performed to keep BMPs functioning properly. The articles of incorporation must be submitted to the County for review and approval and must contain clear language and a means for collecting dues for the cost of BMP maintenance and yearly certification. Owners' associations are not required for single-owner sites; however, are required for multifamily or duplex developments. Nonresidential developments with outparcels may utilize an owners' association or the primary owner (anchor) shall maintain responsibility.

12-3.3.13.

Establishment and Elements of the Maintenance Agreement. In addition to the provisions of Section 12-1.15, a Maintenance Agreement shall be submitted at the time of final plat or site plan and executed by the Owners' Association and the County prior to recordation of the final plat or issuance of a certificate of occupancy, and shall contain the following elements:

(A)

Yearly Maintenance Plan.

1.

Name, address and contact telephone numbers of all current officers of the Owners' Association. Any changes in this information during the year should be provided to the Planning Department within 30 days of the change.

2.

Description of method used to collect dues or other payments necessary for maintenance of BMPs.

3.

For each BMP type, description of BMP features requiring inspection, inspection frequency, types and frequencies of or basis for routine and periodic maintenance activities, actions in the event that repair is needed. Maintenance actions and frequencies shall at minimum include those identified by practice in the NC BMP Manual.

4.

Depending on the BMPs constructed the plan might include schedules or other provisions for:

• Any mowing of permanent vegetation.

• Any removal of bushes and trees from the dam of a wet detention pond.

• Reseeding of any eroding areas of the wet detention ponds, open channel practices, riparian buffers and vegetated filter strips.

• Replacing of impaired vegetation in a constructed wetlands or riparian buffer.

• Removal of debris from the "trash rack" on any wet detention pond or sand filter.

• Repair of any damage to structural aspects of wet detention ponds, constructed wetlands, level spreaders, and sand filters.

(B)

Yearly Certification of BMPs. Submission to the County of a yearly certification from a licensed engineer, certifying that the BMPs originally approved are in existence, functioning properly and compliant with the yearly maintenance plan. Records of maintenance and/or repair activities shall be maintained by the owner for at least 5 years and shall be provided to the county upon request.

(C)

Authority for the County to Inspect and Maintain Stormwater Facilities.

1.

Legal authority for the County to routinely inspect stormwater facilities.

2.

Legal authority for the County to require performance of maintenance activities to ensure continued operational performance of BMPs.

3.

Legal authority for the County to place liens on common properties in the subdivision/development and other actions deemed necessary to recover the cost of inspection and maintenance if the BMPs are not properly maintained and certified.

(D)

Contact Information.

1.

Name and address of the person or organization financially responsible for maintenance specified in the annual inspection report.

2.

Emergency contact information.

12-3.3.14.

Failure to Comply with the Provisions of the Maintenance Agreement. Any violation of the Maintenance agreement shall be considered a violation of the Unified Development Ordinance and shall be enforced in accordance with Article XII, Section 12-3.6. In addition, if the situation meets the definition of a nuisance as defined in NCGS 153A-140 other corrective actions may be taken.

12-3.3.15.

Financial Security for Stormwater Control Structures. All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance of the stormwater control structures and shall be done so as required in Section 12-1.14.

12-3.3.16.

Requirement of Sealed Drawings for Stormwater Facilities. Developers shall be required to submit the following sealed as-built or record drawings:

• Drawings of any new or addition to a stormwater conveyance by a private developer;

• Drawings of all development sites to determine compliance with the "approved plan" and the requirements of the Tar-Pamlico Overlay District.

• As-built plans of each BMP along with a statement under seal that the BMP as constructed complies with the approved plans and the UDO.

12-3.3.17.

Amendments and Variances to the Tar-Pam Overlay District Regulations. The county may not amend the program or grant a variance in a manner that fails to meet the minimum requirements of the rule without prior approval from DWQ.

(Ord. of 7-9-2012; Ord. of 5-7-2018)

12-3.4.

Riparian Buffer Regulations. Riparian buffers shall be protected because in most cases they provide a measure of protection for surface waters by removal of nutrients from nonpoint sources. The riparian buffer regulations are intended to protect and preserve existing riparian buffers and maintain their nutrient removal functions within the county's river basins.

12-3.4.1.

General Requirements. All of the regulations delineated in Section 12-3.4 are intended to comply with the requirements of 15A NCAC 2B .0259. All property located in Nash County outside of any municipal boundary or extraterritorial jurisdiction shall comply with the riparian buffer regulations.

12-3.4.2.

Applicability.

a.

The Riparian Buffer regulations shall apply to all areas of the county outside of any municipal boundary or its extraterritorial jurisdiction.

b.

Riparian Buffer Exemption - Existing and ongoing uses within the riparian buffer, if present as of January 1, 2000, may be exempt from the riparian buffer protection requirements according to the provisions outlined in 15A NCAC 02B .0259. Proposed developments, which have county approval, but have not been constructed as of January 1, 2000, may not claim an exemption to the riparian buffer protection requirements.

12-3.4.3.

Definitions.

DWQ. Division of Water Quality, NC Department of Environment and Natural Resources.

Riparian Buffer. An area within 50' of intermittent and perennial streams, ponds, lakes and estuarine waters in the basin where development is not allowed. These areas are shown on either the USGS 7.5 minute topographic map or the NRCS Soil Survey map unless the owner can show that the activity has been approved by DWQ. Certain allowable uses within the buffer are described in 15A NCAC 2B .0259.

12-3.4.4.

Riparian Buffer Protection. The purpose of this regulation is to protect and preserve existing riparian buffers to maintain their nutrient removal functions in the entire Tar-Pamlico River Basin. As required by 15A NCAC 02B .0259, a fifty-foot (50') wide riparian buffer shall be maintained directly adjacent to all perennial and intermittent streams, including lakes, ponds and other bodies of water, excluding wetlands, as indicated on the most recent version of the 1:24,000 scale (7.5 minutes) quadrangle topographic maps prepared by the USGS and all other surface waters as indicated by the most recent version of the Soil Survey for Nash County, North Carolina. Where obvious conflicts exist between actual field conditions and USGS and county soil survey maps, appeals may be made to the North Carolina Division of Water Quality.

12-3.4.5.

Delineation of Buffer Zones.

The buffer is divided into two zones, moving landward from the surface water, that are afforded different levels of protection. Zone 1, the first 30 feet, is to remain essentially undisturbed, while Zone 2, the outer 20 feet, must be vegetated but may be managed in certain ways, such as grading and revegetating provided that the health of the vegetation in Zone 1 is not compromised. Zones are specifically described in 15 NCAC 02B .0259 (4)(a and b).

For intermittent and perennial streams, Zone 1 begins at the most landward limit of the top of the bank or the rooted herbaceous vegetation and extending landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to the surface water.

For ponds lakes and reservoirs located within a natural drainage way, Zone 1 shall begin at the most landward limit of the normal water level or the rooted herbaceous vegetation and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water.

Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.

12-3.4.6.

Activity Within the Buffer. Activity may take place within any riparian buffer zone as defined by 15A NCAC 02B .0259 subject to approval from DWQ. No development proposal that includes impact to the riparian buffer shall be approved by Nash County unless it includes one of the following:

•

Certifications from DWQ that surface waters are not present as determined by an on-site inspection.

•

An Authorization Certificate from DWQ for an "allowable" use such as a road crossing or utility line, or for a use that is "allowable with mitigation" along with a Division-approved mitigation plan has been obtained.

•

A documented opinion from DWQ that a vested right has been established for the proposed development activity.

•

A letter from DWQ documenting that a variance has been approved for the proposed development activity.

12-3.4.7.

Buffers Depicted on Development Plans. Required riparian buffers shall be shown on all plats and/or site plans submitted with a note indicating the protected nature of the buffer and how diffuse flow is to be maintained. When required by the Planning Board, the placement of "no mow" signs shall be required to relay the buffer protection to the public.

12-3.4.8.

Variances to the Riparian Buffer Rule. Requests for variances to the Riparian Buffer Rule shall be directed to, and approval sought from, the Division of Water Quality, DENR.

12-3.5.

Control of Illegal Discharges. The Tar-Pamlico River Basin Model Stormwater Program for Nutrient Control requires that local governments establish the legal authority to control illegal discharges. The objectives of this article are to:

(A)

Regulate the discharge of substances, which may contaminate or cause pollution of stormwater, stormwater conveyances, or waters of the State;

(B)

Regulate connections to the stormwater conveyance system;

(C)

Provide for the proper handling of spills; and

(D)

Provide for the enforcement of same.

12-3.5.1.

Requirements of the Illegal Discharge Rule. Nash County shall control the contribution of illegal pollutants or discharges such as those listed below to the stormwater collection system; prohibit illegal discharges including spills into the stormwater collection system; determine compliance and noncompliance with the regulations; and require compliance and undertake enforcement measures in cases of noncompliance. Types of discharges that are not allowed to any stormwater collection system are as follows and may include but are not limited to:

i.

Dumping of oil, anti-freeze, paint, cleaning fluids;

ii.

Contaminated foundation drains;

iii.

Sanitary sewer discharges;

iv.

Chlorinated backwash and draining associated with swimming pools;

v.

Wash water from commercial car washes;

vi.

Cooling water unless no chemicals are added and the facility has an NPDES permit;

vii.

Septic tank discharges;

viii.

Industrial discharges;

ix.

Wash water from commercial or industrial activities;

x.

Washing machine discharges.

12-3.5.2.

Applicability. The jurisdiction of this Ordinance shall apply to all unincorporated areas within the Tar-Pamlico River Basin in Nash County and are intended to comply with the requirements of 15A NCAC 2B .0258. The regulations shall not apply to any municipalities or their extraterritorial jurisdiction.

12-3.5.3.

Exceptions to Applicability.

A.

Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulations pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of Nash County; however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the county 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.

B.

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.

12-3.5.4.

Definitions. As used in this Ordinance, unless the context clearly indicates otherwise, the following definitions apply:

Illicit connection - Any connection, which allows the unlawful discharge of non-stormwater to the stormwater conveyance system or waters of the State in violation of this Ordinance.

Illicit discharge - Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance other than stormwater into a stormwater conveyance, the waters of the State, or upon the land in such proximity to the same, such that the substance is likely to reach a stormwater conveyance or the waters of the State.

Pollutant - Anything, which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Stormwater - Any flow resulting from, and occurring during or following, any form of natural precipitation.

Stormwater conveyance or stormwater conveyance system - Any feature, natural or manmade, that collects and transports stormwater, including but not limited to roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade and natural channels, pipes, culverts, and storm drains, and any other natural or manmade feature or structure designed or used for collecting or conveying stormwater.

Water Pollution - Manmade or man-induced alteration of the chemical, physical, biological, thermal, and/or radiological integrity of water.

Waters of the State - Any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water, whether surface or underground, public or private, or natural or artificial, that is contained in, flows through, or borders upon any portion of this State, including any portion of the Atlantic Ocean over which the State has jurisdiction. (1987, c.827, s. 152A; 1989, c. 727, s. 218(103); 1989 (Reg. Sess., 1990), c. 1004, s. 19(b); 1991 (Reg. Sess., 1992), c. 1028, s. 1; 1997-443, s. 11A.119(a)).

12-3.5.5.

Non-Stormwater Discharge Controls.

(A)

Prohibited Discharges. Discharges to a stormwater conveyance or system, which allow the discharge of non-stormwater, other than the exclusions described in Section (B) below, are unlawful.

(B)

Allowable Discharges. Non-stormwater discharges associated with the following activities are allowed provided that they do not significantly impact water quality:

i.

Filter backwash and draining associated with swimming pools;

ii.

Filter backwash and draining associated with raw water intake screening and filtering devices;

iii.

Condensate from residential or commercial air conditioning;

iv.

Residential vehicle washing;

v.

Flushing, hydrostatic and chlorine testing water associated with utility distribution systems;

vi.

Discharges associated with emergency removal and treatment activities, for hazardous materials, authorized by the federal, state, or local government on-scene coordinator;

vii.

Uncontaminated ground water [including the collection or pumping of springs, wells, or rising ground water and ground water generated by well construction or other construction activities];

viii.

Collected infiltrated stormwater from foundation or footing drains;

ix.

Collected ground water and infiltrated stormwater from basement or crawlspace pumps;

x.

Irrigation water;

xi.

Street wash water;

xii.

Flows from fire fighting;

xiii.

Discharges from the pumping or draining of natural watercourses or water bodies;

xiv.

Flushing and cleaning of stormwater conveyances with unmodified potable water;

xv.

Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; and

xvi.

Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by DENR.

(C)

Illicit Connections. Connections to a stormwater conveyance or system, which allow the discharge of non-stormwater, other than the exclusions described in Section (B) above, are unlawful and shall be enforced in accordance with Article XII Section 12-3.6. In addition, if the situation meets the definition of a nuisance as defined in NCGS 153A-140, other corrective actions may be taken.

(D)

Timetable for Removal of Illicit Connections.

Existing Violations - For connections existing in violation of this Ordinance that were made prior to the adoption of this Ordinance, the property owner or the person using the connection may be allowed up to three (3) months to remove the connection following notification of violation of this ordinance. However, this three (3) month 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.

Where it is determined that said connection may result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, animal resources, wildlife, or habitat, the authorized agent of the County or his/her designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the County 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,

v.

Spills.

(E)

Spills and Leaks. Spills or leaks of polluting substances discharged to, or having the potential to be indirectly transported to the stormwater conveyance system, shall be contained, controlled, collected, and removed promptly. All affected areas shall be restored to their preexisting condition.

(F)

Notification of Spills. Persons associated with the spill or leak shall immediately notify the County Emergency Management Office of all spills or leaks of polluting substances. Notification shall not relieve any person of any expenses related to the clean-up, 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.

12-3.6. Inspections and Enforcement.

12-3.6.1.

Authority to Enter. shall have the right to enter property at all reasonable times to inspect sites subject to the requirements of this ordinance to determine whether the development, BMPs, discharges and/or other activities on the property conform to the standards and requirements as set out herein. No person shall obstruct, delay, hamper, or in any way interfere with a county agent or official while in the process of carrying out their duties under this ordinance.

12-3.6.2.

Inspection of Stormwater Facilities. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or an NPDES stormwater permit; 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 drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.

12-3.6.3.

Remedies. The provisions of this ordinance may be enforced by one, all, or a combination of the remedies authorized and prescribed herein including civil penalties, criminal penalties, injunctive relief, stop work orders, permit revocation, restoration, and abatement.

12-3.6.4.

Notice of Violation/Warning Citation. Upon determination that a violation of this ordinance has occurred, the county shall issue a notice of violation to the owner of the property on which the violation has occurred and/or the alleged violator if such is believed to be different than the owner. A notice of violation shall be construed to be a warning citation and shall either: 1) be served directly on the violator, his duly designated agent, or registered agent if a corporation, either in person, or 2) posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of Nash County or obtained from the violator at the time of issuance of a permit. The violator shall be deemed to have been served upon the mailing or delivery of said notice. The notice of violation shall indicate the nature of the violation, order any action necessary to correct the violation, state a deadline for compliance, and shall contain an order to immediately cease the violation. The notice of violation shall state that it may be appealed in a manner set out by this ordinance and it shall state that failure to correct the violation shall subject the violator to any and all penalties prescribed herein. In establishing the deadline for compliance, the county shall take into consideration the quantity and complexity of the work, the public health and environmental consequences of delay, and the effectiveness and timeliness of previous corrective actions taken by the violator but in no case shall the deadline for compliance exceed sixty calendar days.

An appeal from a notice of violation must be submitted within 10 days of receipt of the notice of violation. If filed 25 days prior to the next regularly scheduled Board of Adjustment meeting, the matter will be considered at that meeting. If filed less than 25 days prior to the meeting, the matter will be considered the following month. The Board of Adjustment in considering appeals of notices of violation shall have power only in the manner of administrative review and interpretation where it is alleged that the enforcement official has made an error in the application of an ordinance, in the factual situation as its relates to the application of the ordinance, or both. A violator who fails to file an appeal within the time period prescribed above is deemed to have forfeited his appeal rights for the violation, the notice of violation, civil citations, and civil penalties assessed for the violation.

Where the Stormwater Administrator determines that the period of time stated in the notice of violation is not sufficient for abatement based upon the work required or consent agreement, the Stormwater Administrator may amend the notice of violation to provide for additional time not to exceed sixty calendar days from the date of the initial notice. The Board of Adjustment shall have the authority to extend this deadline for those cases where such time extension is proven to this board to be required due to the complexity and/or severity of the violation. Such extension shall be granted as a result of an appeal of the deadline established by the stormwater administrator. Violations which are an imminent threat to public health, safety, and/or welfare shall not be granted an extension.

12-3.6.5.

Civil Penalties in General.

Upon failure of the violator to obey the notice of violation, a civil citation shall be issued by the Stormwater Administrator and shall be either: 1) served directly on the violator, his duly designated agent, or registered agent if a corporation, in person, or 2) posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of Nash County or obtained from the violator at the time of issuance of the notice of violation. The violator shall be deemed to have been served upon the mailing or delivery of said citation. The citation shall direct the violator to appear before the county manager, or his designee, within ten days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid, otherwise further citations shall be issued.

If a violation is repeated within a two-year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies as set forth in this section. A repeat violation is one which is identical to or reasonably similar to a previous violation for which the county has issued a notice of violation or civil citation.

If the violator fails to respond to a citation within fifteen days of its issuance and pay the penalty prescribed therein, the county may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty, costs, attorney fees, and such other relief as permitted by law.

At the discretion of the county manager, civil penalties for first time offenders may be waived provided that the offender demonstrates a good faith effort to correct the violation in a timely manner.

12-3.6.6.

Civil Penalty Amounts. Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any condition of an approved permit shall be subject to civil penalties as set out below.

Work without a permit: $500 per day.

Failure to correct a violation after notice: $500 per day.

Failure to obey a stop work order: $500 per day.

Submitting false information and/or certifications: $300.

Failure to follow an approved permit: $300.

Failure to maintain required BMPs: $250.

Failure to file a required maintenance inspection report: $250.

Failure to submit required certifications: $250.

Failure to submit required as-built plans: $200.

Illicit connection/discharge to an MS4: $200.

Any other action or failure to act that constitutes a violation of this ordinance: $200.

12-3.6.7.

Criminal Penalties. Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any condition of an approved permit shall be guilty of a misdemeanor punishable by fines and/or imprisonment as determined by the court.

12-3.6.8.

Injunctive Relief. Whenever the county has reasonable cause to believe that any person is violating or threatening to violate any provision of this ordinance, any order issued pursuant to this ordinance, or any condition of an approved permit, the county may initiate a civil action in local superior court to restrain the actions of such person that would constitute a violation. Upon finding that such violation has occurred or is threatened to occur, the court may issue any order of abatement or action necessary to insure compliance with this ordinance. The institution of an action for injunctive relief shall not relieve any party to the proceeding from any civil or criminal penalty prescribed herein.

12-3.6.9.

Stop Work Order. Whenever it is determined that work is proceeding without a valid stormwater permit, that work is proceeding in a manner inconsistent with a valid stormwater permit, or that work while proceeding according to a valid permit is insufficient to meet the requirements of this ordinance, the Stormwater Administrator may issue a stop work order. The order shall be in writing, directed to the person doing the work and shall state the specific work to be stopped, the specific reasons therefore, and the conditions under which the work may be resumed. An appeal from a stop work order may be filed with the Stormwater Administrator as set out herein.

12-3.6.10.

Revocation of Permits. Any permit issued pursuant to this ordinance may be revoked by the Stormwater Administrator at any time for one or more of the following reasons:

(1)

Failure to comply with an approved permit.

(2)

The discovery of false, incomplete, or erroneous information submitted as part of the permit application.

(3)

Failure to allow reasonable and timely access to the property for any and all inspections deemed by the county to be necessary to insure compliance with this ordinance.

(4)

The discovery that a permit was mistakenly issued.

12-3.6.11.

Restoration. Any person who violates any provision of this ordinance, any order issued pursuant to this ordinance, or any approved stormwater permit shall be, in addition to all other remedies, subject to site restoration. The Stormwater Administrator shall take into consideration the nature and extent of the violation, the impact upon the land, public health and safety and any other factors he deems necessary in determining whether or not restoration shall be required. If the Stormwater Administrator determines that restoration is required, the violator shall restore all land, water, and vegetation affected by the violation to its condition prior to the violation except that whenever the prior condition is unknown or disputed the Stormwater Administrator shall determine the extent of restoration required. Whenever trees are removed in violation of this ordinance, new trees shall be planted at a rate of nine inches of tree circumference for every one hundred square feet of disturbed area. All replacement trees shall be native woodland species suited to the growing conditions of the planting area. In setting the time limits for restoration, the Stormwater Administrator shall take into account the quantity of work required, planting seasons, and the consequences of delay.

12-3.6.12.

Abatement. Whenever a violation of this ordinance for which a notice of violation has been sent remains uncorrected after the appeal rights of the violator have been forfeited or exhausted and such violation has been determined by the Stormwater Administrator to be dangerous or prejudicial to the public health, the county shall have the authority to remove, abate, or remedy the violation. The expense of this action including administrative costs shall be billed to the person in violation of this ordinance and, if not paid, shall be a lien upon the land or premises where the violation occurred and shall be collected as unpaid taxes.

12-3.6.13.

Continuing Violations. Each day of violation shall constitute a separate and distinct violation subject to any and all remedies set forth herein.

(Ord. of 5-7-2018)

(A)

No zoning, special use, or conditional use permit may be issued and preliminary plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity requiring prior approval of an erosion and sedimentation control plan by the NC Sedimentation Control Commission under NCGS 113A-57(4) unless the Commission has certified to the County, either that:

(1)

An erosion control plan has been submitted to and approved by the Commission; or

(2)

The Commission has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the Commission approves the erosion control plan.

(B)

For purposes of this Section, "land disturbing activity" means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation except activities that are exempt under NCGS 113A-52(6)). Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin.

If a developer, corporation, private landowner or other person proposes to perform construction/filling activities in or near a lake, stream, creek, tributary or any unnamed body of water and its adjacent wetlands, Federal permit authorization may be required from the US Army Corps of Engineers prior to commencement of earth-disturbing activities. The US Army Corps of Engineers shall be notified by the developer or person proposing such earth-disturbing activities for possible issuance of Section 404 or other permits.

It is the intent of this Section to restrain influences which are adverse to the property and safe conduct of aircraft operations in the vicinity of Rocky Mount Wilson Airport, to prevent creation of conditions hazardous to aircraft operation, to prevent conflict with land development which may result in loss of life and property, and to encourage development which is compatible with airport use characteristics within the intent and purpose of zoning. To this end, the "AO" designation, when appended to a basic district classification is intended to coordinate the purpose and intent of this Section with other regulations duly established by Nash County whose primary intent is to further the purposes set out above.

12-6.1.

Definitions. As used in this Section, unless the context otherwise requires:

(a)

AIRPORT. Means the Rocky Mount-Wilson Airport.

(b)

AIRPORT ELEVATION. The highest point of landing areas, measured in feet above mean sea level is 158.0'.

(c)

APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section (E). In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

(d)

APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES. These zones are set forth in Section 12-6.2.

(e)

BOARD OF ADJUSTMENT. A Board consisting of eight (8) members appointed by the Nash County Board of Commissioners as provided in Chapter 63, Article 4, of the North Carolina General Statutes.

(f)

CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

(g)

HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

(h)

HEIGHT. For the purpose of determining the height limits in all zones set forth in this Section, the datum shall be mean sea level elevation unless otherwise specified.

(i)

HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

(j)

LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven or jet powered aircraft of greater than 12,500 pounds maximum gross weight, and jet powered aircraft.

(k)

NONCONFORMING USE. Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this Section or an amendment thereto.

(l)

NONPRECISION INSTRUMENT RUNWAY. A runway having an existing or planned instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or are types of navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

(m)

OBSTRUCTION. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, set forth in Section (E).

(n)

PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

(o)

PRECISION INSTRUMENT RUNWAY. A runway having an existing or planned instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document approved by the Nash County Board of Commissioners.

(p)

PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(q)

RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

(r)

STRUCTURE. An object, including but not limited to, a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

(s)

TRANSITIONAL SURFACES. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

(t)

TREE. Any object of natural growth.

(u)

VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

12.6.2.

Airport Height Limitation Zones. In order to carry out the provisions of this Section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Rocky Mount Wilson Airport. Such zones are shown on the official zoning map described in Section 9-2.1. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established subclassifications of the Airport Overly District and defined as follows:

(1)

Precision Instrument Runway Approach Zone (AO-A1). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Runway Larger Than Utility With A Visibility Minimum As Low As ¾mile Nonprecision Instrument Approach Zone (AO-A2). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Transitional Zones (AO-T). The transitional zones are the areas beneath the transitional surfaces.

(4)

Horizontal Zone (AO-H). The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(5)

Conical Zone (AO-C). The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

12.6.3.

Airport Height Limitations. Except as otherwise provided in this Section, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Section to a height in excess of the applicable height herein established for such zones. Such applicable height limitations are hereby established for each of the zones in question as follows:

(1)

Precision Instrument Runway Approach Zone (AO-A 1). Slopes fifty (50) feet outward for each foot upward; beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(2)

Runway Larger Than Utility With A Visibility Minimum As Low As ¾ Mile Non-Precision Instrument Approach Zone (AO-A2). Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(3)

Transitional Zone (AO-T). Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 308 feet above, mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline from the edge of the approach surface.

(4)

Horizontal Zone (AO-H). Established at a height of 150 feet above the airport elevation or an elevation of 308 feet above mean sea level.

(5)

Conical Zone (AO-C). Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 160 feet above the airport elevation and extending to a height of 350 feet above the airport elevation, or an elevation of 508 feet above mean sea level.

(6)

Excepted Height Limitations. Nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height, which is below the limitations set forth in this Section.

12.6.4.

Airport Zoning Related to Sanitary Landfill Location. Various studies and observations have resulted in the conclusion that sanitary landfills attract birds, and that birds in the vicinity of airports create potential hazards to aircraft operations (see FAA Order SO 5200.5). Aircraft accidents have resulted when aircraft collided with low-flying birds, particularly during takeoff and landing. In order to prevent such an occurrence in Rocky Mount-Wilson Airport, the following regulations shall apply with regard to location of landfills:

(1)

No landfill shall be located within 10,000 feet from a runway of any airport.

(2)

Landfills located further than 10,000 feet from a runway of any airport but within the conical surface will be reviewed on a case-by-case basis by the Rocky Mount Wilson Airport Commission, who may in turn consult with the Federal Aviation Administration. If in the opinion of the Airport Authority, the landfill poses a threat to safe aircraft operations, then the landfill shall not be allowed in the proposed location.

12.6.5.

Use Restrictions. Notwithstanding any other provisions of this Section, no use may be made of land or water within any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

12.6.6.

Nonconforming Uses.

(1)

Regulations Not Retroactive. The regulations prescribed in this Section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Section, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section, and is diligently prosecuted.

(2)

Marking and Lighting. Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Rocky Mount-Wilson Airport Authority to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the Rocky Mount-Wilson Airport Authority.

12.6.7.

Permits. The zoning administrator shall not issue a zoning permit with an "AO-A1", "AO-A2", "AO-H," "AO-T" or "AO-C" area until it has been determined that the proposal upon which he is requested to act is in compliance with the terms of these regulations.

12.6.7.1.

Future Uses. Except as specifically provided in (i), (ii), and (iii) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

No permit for a use inconsistent with the provisions of this Section shall be granted unless a variance has been approved in accordance with Subsection 12-6.7.4.

(i)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

(ii)

In areas lying within the limits of the approach zones, no permit shall be required for any tree or structure except when such tree or structure would extend above the height limit prescribed for such approach zones.

(iii)

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established in Subsection 12-6.3.

12-6.7.2.

Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this Section or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

12-6.7.3.

Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Administrator determines that a nonconforming tree or structure has been abandoned or more than 60 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the requirements of this Section.

12-6.7.4.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Section may apply to the Board of Adjustment for a variance from such regulations in accordance with the process of Section 7-2.4.

(a)

FAA Approval. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation faculties and the safe, efficient use of navigable airspace and airport. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Section. Additionally, the Board of Adjustment may consider no application for variance to the requirements of this Section unless a copy of the application has been furnished to the Airport Manager and the Rocky Mount-Wilson Airport Authority for advice as to the aeronautical effects of the variance. If the Airport Manager and/or the Airport Authority do not respond to the application within 30 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.

(b)

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Section and be reasonable in the circumstances, be so conditioned as to require the owner the structure or tree in question to install, operate, and maintain, at the owners expense, such markings and lights as may be necessary. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit the Rocky Mount Wilson Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.