Three overlay districts cover the incorporated areas of Oak Ridge. They are the National Pollutant Discharge Elimination System (NPDES), Jordan Lake Watershed, and the water supply watershed overlays.

(Ord. of 11-4-2010; Ord. of 8-2-2012)

(a)

The provisions of this division shall apply to all incorporated areas of Oak Ridge, as shown on the map titled "Designated Water Supply Watershed/NPDES Phase II Stormwater Map of Guilford County, North Carolina" ("the stormwater map") and "Jordan Lake Watershed Stormwater Map of Town of Oak Ridge, North Carolina", which is adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon accompanies, and is hereby made a part of this division.

(b)

The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take into account changes in the land area covered by this division and the geographic location of all structural BMPs permitted under this division. In the event of a dispute, the applicability of this division to a particular area of land or BMP shall be determined by reference to the state statutes, the state administrative code, and local zoning and jurisdictional boundary maps and the town development ordinance.

(Ord. of 11-4-2010; Ord. of 8-2-2012)

(a)

Coverage.

(1)

Divisions 2 and 3 apply to all sites in Oak Ridge's planning jurisdiction unless specifically exempted pursuant to subsection (b) below.

(2)

The construction of new streets by local government shall comply with best management practices developed in response to NCDOT's EPA-NPDES stormwater management program which is incorporated herein by reference.

(3)

Widening of existing streets and the installation of sidewalks shall comply with the provisions of this division to the extent practicable. When determined by the stormwater administrator or designee that the provisions of these sections cannot be met, the widening of existing streets and the installation of sidewalks shall comply with best management practices developed in response to NCDOT's EPA-NPDES stormwater management program which is incorporated herein by reference.

(b)

Exempt activities. The following activities are exempt from the stormwater management/watershed development requirements of this section. However, any restrictions upon building location, drainageways, pavement or other built-upon area, or any other matter appearing on any previously approved stormwater management/watershed development plan covering the subject property shall be complied with unless and until replaced by an approved revised plan.

(1)

Construction of a single-family dwelling and its accessory structures on a legal lot of record established prior to the regulations for the watershed protection district. This exemption does not apply to riparian buffer protection.

(2)

Replacement of existing built-upon area with a like or lesser amount of new built-upon area outside any required stream buffer on the same lot, provided that the enforcement officer has determined that equal or improved stormwater management will result and that within the Lake Jordan Watershed District the postdevelopment nutrient loading for built-upon area legally existing after December 1, 2001, relating to nitrogen and phosphorus does not increase. Requires submittal of site plan documenting removal/relocation of built-upon area.

(3)

Placement of small accessory buildings or structures or small amounts of other built-upon area provided that the total additional built-upon area is no greater than 400 square feet. This exemption shall apply to an individual property for one time only after January 1, 1994. Requires submittal of site plan documenting location of 400 square foot built-upon area. This provision shall not allow any development to circumvent the riparian buffer protection regulations.

(4)

Existing development in nonwater supply districts that was in place prior to July 1, 2007. Any water quality device required by new development or redevelopment shall be sized to treat runoff from all impervious surfaces (existing and proposed) that naturally flow to that device. Required water quality control for an area of new development can be substituted for an equal area of existing development, if the stormwater administrator or designee has determined that equal or improved water quality will result.

(5)

Existing development in watershed districts until such time that additional new development is initiated on the site.

(Ord. of 11-4-2010; Ord. of 8-2-2012)

(a)

Where permitted. Where a regional water quality lake program has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, and approved by the N.C. Environmental Management Commission, a development may participate in said program in lieu of any certification of runoff control required by this article, provided that:

(1)

The development is within an area covered by a public regional water quality lake program;

(2)

Runoff from the development drains to an existing or funded public regional water quality lake which is part of said program;

(3)

Participation is in the form of contribution of funds, contribution of land, contribution of lake construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the governing body; and

(4)

The stormwater administrator or designee finds that the watershed development plan is in compliance with all other applicable requirements of this article.

(b)

Use of contributions. Each contribution from a development participating in a public regional water quality lake program shall be used for acquisition, design, or construction of one or more such lakes in the same water supply watershed that the development lies in.

(Ord. of 11-4-2010)

(a)

Plan required. A stormwater management/watershed development plan in accordance with the performance standards specified in the GWA Performance Standards Table in section 30-1257 or the requirements of sections 30-1257, 30-1258 and with other requirements of this article shall be submitted to the stormwater administrator and shall include all applicable information listed in appendix B to this Code.

(b)

Plan approval. The stormwater administrator is authorized to approve any stormwater management/watershed development plan which is in conformance with the performance standards specified in the GWA Performance Standards Table in section 30-1257 or the requirements of sections 30-1257 and 30-1258, whichever is applicable, and with other requirements of this article.

(c)

Approved plan a prerequisite. The stormwater administrator is not authorized to issue any permits, except as provided in subsection 30-293(a)(4) for development on any land unless and until a stormwater management/watershed development plan in compliance with the requirements of this section has been approved.

(d)

Deed restriction-restrictive covenant. In accordance with applicable National Pollutant Discharge Elimination System (NPDES) Phase II regulations recorded deed restrictions and protective covenants shall be required to ensure that development activities maintain the development consistent with the approved project plans. Effective July 1, 2007, the following restriction shall be required for all developments in incorporated Oak Ridge:

The stormwater administrator or designee shall review and approve plats and deeds prior to recording or prior to issuing a building permit. A copy of the recorded document shall be forwarded to the stormwater administrator or designee prior to issuing a certificate of occupancy. The deed restriction and protective covenants note shall take the following form for plats and deeds:

(e)

Permanent runoff control structures. When a permanent runoff control structure is required for a development/redevelopment to meet the requirements of this article, a North Carolina registered professional engineer shall prepare the plan with the engineer's statement of runoff control from subsection 30-1220(b) affixed, signed, sealed, and dated.

(f)

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

(g)

Appeals. Appeals of the stormwater administrator's, or designee's decision on a stormwater management/watershed development plan shall be made in writing to the town council.

(h)

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

(i)

Enforcement officer. An enforcement officer shall be designated by the Town of Oak Ridge to administer and enforce this article.

(1)

Powers and duties. In addition to the powers and duties that may be conferred by other provisions of article X Environmental Regulations of the Town of Oak Ridge ordinances and other laws, the enforcement officer shall have the following powers and duties under this article:

a.

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

b.

To make determinations and render interpretations of this article.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

(2)

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

(Ord. of 11-4-2010; Ord. of 8-2-2012)

(a)

Design of improvements.

(1)

Design of improvements shall:

a.

Be performed by a North Carolina registered professional engineer;

b.

Be subject to approval of the stormwater administrator, or designee; and

c.

Meet or exceed the guidelines in the latest edition of the county water quality protection manual, issued by the county.

(2)

The stormwater administrator or designee may recommend, and the town council may require, that a given runoff control structure(s) be positioned on a site such that water quality protection is improved.

(3)

The construction plans for required runoff control structures shall be approved prior to issuance of any building permit on a site. For subdivisions, construction plans shall be submitted in accordance with section 30-712, Plans.

(b)

Engineer's statement of runoff control. The engineering certification required on stormwater management/watershed development plans and construction plan drawings shall be of the following form:

ENGINEER'S STATEMENT OF RUNOFF CONTROL

I state that, to the best of my knowledge and belief, the runoff control measure(s) shown on this plan have been designed to control and treat runoff from the first one inch of rain from all built-upon areas over the total drainage area and the discharge of the storage volume is at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm and that the runoff control measures shown on this plan meet or exceed the guidelines in the latest edition of the county water quality protection manual issued by the county.

(c)

Construction of improvements.

(1)

The construction of all improvements designed for post construction runoff control and shown on an approved stormwater management/watershed development plan shall be substantially completed prior to any plat recordation or issuance of any building certificate of occupancy (compliance).

(2)

Final approval of installed post construction runoff control structures will be required at finalization of the grading permit or at issuance of the final building certificate of occupancy (compliance), whichever comes later. If neither a building permit, nor a grading permit is required for a site, then any required runoff control structure shall be substantially completed prior to installation of any built-upon area on the site. Engineering statement of completion and record of construction subsection 30-1220(e) shall be required prior to final approval by the stormwater administrator.

(d)

Recordation of permanent improvements. All permanent runoff control structures and associated access/maintenance easement(s) (specific or general, at the owner's option) shall be recorded on a final plat; and a best management practice operation and maintenance agreement, as outlined in the latest edition of the county water quality protection manual shall be submitted to the stormwater administrator for review and approval, then subsequently recorded in the office of the county register of deeds concurrent with or prior to plat recordation.

(e)

Engineer's statement of completion. The record of construction (as shown in the Water Quality Protection Manual) and the engineer's statement required upon completion of permanent runoff control structures shall be of the following form:

ENGINEER'S STATEMENT OF COMPLETION

I state that, to the best of my knowledge and belief, the permanent runoff control structure for (name of plat) is duly recorded in the Office of the Guilford County Register of Deeds and has been completed in conformance with the approved plans and specifications dated (approval date).

(f)

Maintenance responsibility.

(1)

When runoff control structures serve more than one lot, an owner's association or binding contract for the purpose of maintenance shall be required. See section 30-743, permanent runoff control structures.

(2)

Maintenance of runoff control structures shall be performed at such time as the designated sediment storage volume of the structure has been lost to sediment or a part of the system is not functioning as originally designed. The stormwater administrator shall have the responsibility to inspect runoff control structures annually, to record the results on forms approved or supplied by the N.C. Division of Water Quality, and to notify the responsible property owner or owner's association when maintenance or repairs are required. All required repairs and maintenance shall be performed within 90 days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, in accordance with section 30-257 the jurisdiction may impose an assessment of a civil penalty up to $200.00 per day for each violation.

(3)

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

(Ord. of 11-4-2010; Ord. of 8-2-2012)

The design of storm drainage systems and plans, including calculations, shall clearly indicate the easements and dedicated areas required for the construction and maintenance of the drainage system.

(1)

General drainage requirement.

a.

All watercourses which carry drainage from a public road or have a two-acre or larger drainage basin, shall be treated in one or more of the three ways listed in subsections (2), (3) and (4) which follow. Except where subsection b. below leaves the determination to the developer, the planning and zoning board shall determine the treatments to be used, based upon the drainage area and adopted open space plan. Open drainage channel requirements shall be based upon a minimum of 100-year storm, and enclosed systems shall be based upon a minimum of ten-year storm. If the channel is a perennial or intermittent stream, or is identified on the open space plan map or drains a 120-acre or larger basin, the determination of drainage treatment shall be made by the planning and zoning board. In making this determination, the planning and zoning board shall consider the following factors:

1.

The type of development;

2.

The treatment employed by nearby developments;

3.

The probability of creation of a lengthy greenway or drainageway and open space;

4.

The probability of the creation of future maintenance problems;

5.

The probability of erosion or flooding problems;

6.

The adopted open space plan; and

7.

NPDES Phase II requirements, stream buffer requirements, and channelization limitations for GWA, as described in article VII (Environmental Standards).

b.

If the channel is not a perennial or intermittent stream, or is not identified on the open space plan and drains less than a 120-acre drainage basin, the determination of drainage treatment shall be made by the property owner in a manner consistent with this section.

(2)

Enclosed subsurface drains.

a.

This subsection applies to enclosed subsurface drains. Profiles and enclosure standards shall be in accordance with the county storm sewer design manual.

b.

A drainage maintenance and utility easement (DMUE) or drainage easement designed to accommodate stormwater shall be placed on a recorded plat when determined necessary by the jurisdiction. The required easement shall be centered on the enclosure when practical, but in no case shall the outside wall of the enclosure be located less than five feet from the edge of the easement. The easement shall be of a width determined necessary for maintenance purposes by the jurisdiction based upon enclosure depth, topography and location of existing and proposed improvements, but no less than 15 feet.

c.

The DMUE or drainage easement shall be kept free and clear of any buildings or other improvements which would interfere with the proper maintenance of the underground enclosures. The jurisdiction shall not be liable for damages to any improvement located within DMUE area caused by maintenance of utilities located therein. Furthermore, DMUE may be used for future installations of any underground utility, provided that:

1.

Any underground utility to be installed by any utility provider other than the jurisdiction shall be subject to approval.

2.

Any government agency, public utility, or private company installing additional underground lines after development has been completed by the owner of the property shall be responsible for the replacement of all fencing, pavement and grassed area disturbed by such installation.

3.

The jurisdiction shall not be responsible for damages caused by installation of additional lines by any public or private utility company.

(3)

Open channel in dedicated drainageway and open space area.

a.

This subsection applies to an open channel in a dedicated drainageway and open space area. The drainageway and open space area shall be dedicated by a recorded plat and shall be labeled "Dedicated to Oak Ridge and the public for Drainageway and Open Space". If a portion of the drainageway and open space lies within a proposed thoroughfare shown on the thoroughfare plan, it shall be labeled "Dedicated to Oak Ridge and the public for Drainageway and Open Space or Thoroughfare." The ownership of the dedicated land remains with the deeded owner, but the use is restricted. Dedication does not transfer title. The dedicated area can also be deeded to any individual or group, such as a homeowners' association or to Oak Ridge (with town council acceptance).

b.

The dedicated drainageway and open space area along any stream that drains a 120-acre or larger drainage basin shall include the land between the natural 100-year flood contour lines as determined by FEMA or by calculations approved by the U.S. Army Corps of Engineers. (Caution: Other environmental regulations or federal wetland regulations will prohibit or restrict fill placement in certain locations.) An area within the floodway fringe can be developed as permitted in subsection 30-1367(c)(1) with a floodplain development permit. The remainder shall be dedicated as indicated in subsection a., above. A previously dedicated area may be considered for development through replatting and approval from the planning and zoning board.

c.

In case of severe topography, additional width may be required to assure reasonable ease of maintenance.

d.

The dedicated drainageway and open space area shall abut public street right-of-way on at least 30 percent of its perimeter except when the planning and zoning board determines that adequate access is otherwise provided. The minimum length of street frontage at each location where drainageway and open space abuts public street right-of-way shall be 60 feet. The maximum distance, measured by straight lines on either side of the drainageway and open space, between points at which the drainageway and open space abut street right-of-way shall be 1,000 feet.

e.

The centerline of the drainage channel that drains a 120-acre or larger drainage basin shall be located no less than 50 feet from any street or property line provided that the dimensions of the drainageway and open space area conform to all other requirements of this section. The minimum distance from centerline shall be 20 feet along smaller drainageways.

f.

Drainageway and open space shall be left in its natural condition or graded to a section approved by the jurisdiction which will allow economical and efficient maintenance and shall be stabilized with permanent vegetative cover.

(4)

Open channel on private property within a drainage or drainage maintenance and utility easement.

a.

This subsection applies to open channels on private property within a drainage or drainage maintenance and utility easement.

b.

The drainage or drainage maintenance and utility easement shall include the required drainage channel and the land between the channel and the natural 100-year flood contour as determined by FEMA or by calculations approved by the U.S. Army Corps of Engineers; or, in some cases, it may be reduced by modifying the easement topography to a typical required drainage channel section as provided for in this section. However, the minimum total width of easement shall be no less than specified below:

The easement width shall be centered on the typical required drainage channel section, unless the planning and zoning board approves other easement alignments because of topographic conditions. Concentrated drainage from less than a two-acre drainage basin, exiting a public right-of-way, shall be as conveyed into a drainage easement as specified below:

1.

Thirty feet wide for the length of channel for concentrated flow exiting public right-of-way into a defined channel.

2.

Minimum 30 feet wide by 50 feet in length for concentrated flow existing public right-of-way onto terrain with no pronounced drainage features.

c.

In case of severe topography, additional width may be required to assure reasonable ease of maintenance.

d.

The easement topography may be modified if permitted under other applicable local and state regulations (stream buffer, state division of water quality 401/U.S. Army Corps of Engineers 404, etc.). In such cases, the approved typical required drainage channel section shall include the necessary channel to accommodate a 100-year flood event and be in accordance with the county storm sewer design manual. The area outside of the required drainage channel may be filled; but any resulting slope shall be no steeper than two feet horizontal to one foot vertical, unless the slope is protected by masonry paving, riprap, or other material which meets the jurisdiction's specifications. If the channel has been altered such that the design flow cannot be contained within the recorded easement, a corrected easement shall be recorded to show the altered location and width.

e.

If the planning and zoning board determines suitable access to the easement is not otherwise provided, access shall be guaranteed by a suitably located access easement which shall be no less than 20 feet in width.

f.

It shall be the responsibility of the owner to maintain all drainageways located on the property. If the governing body determines that it is in the public interest to alter the typical required channel section and/or profile of the stream to improve flow, the jurisdiction may enter the property within the indicated access or drainage maintenance and utility easement and carry out the necessary work without liability for any damage to the property, or improvements thereon, located within the easement.

g.

Drainage maintenance and utility easements may be utilized for any underground utility provided that:

1.

Underground utility lines to be installed by any utility provider other than the jurisdiction shall be subject to approval by the stormwater administrator, or designee.

2.

The government agency, public utility, or private company installing underground lines after development has been completed by the owner of the property shall be responsible for the replacement of all fencing, pavement and grassed areas disturbed by such installation.

3.

The jurisdiction shall not be responsible for damage caused by the installation of additional lines by any public or private utility company.

4.

The jurisdiction shall not be liable for damages to any improvements located within the drainage maintenance and utility easement area caused by maintenance of utilities located therein.

h.

No buildings or structures except for water-related improvements shall be placed or constructed within the access or drainage maintenance and utility easement. All drives, parking areas, or other improvements, shall be constructed no closer than two feet horizontally from the top of any back slope along any open watercourse.

(5)

Modifications to drainage or drainage maintenance and utility easement.

a.

This subsection applies to all recorded drainage or drainage maintenance and utility easements. This shall include other recorded easements identified by an assortment of varying names in which one of the principal functions is to convey runoff from stormwater.

b.

Unless strictly prohibited under other applicable sections, easements may be modified, altered, or relocated with prior approval by the stormwater administrator, or designee based upon review of certification with supporting technical data by a registered design professional. Supporting data shall be in accordance with the county storm sewer design manual and must clearly demonstrate that such modifications will not result in any increase in flood levels or create any adverse impacts during the occurrence of the design flow discharge. Approval criteria shall include, but not be limited to, system capacity to adequately convey design flow discharge, location of outlet/discharge, resistance to erosive forces, potential to adversely impact neighboring properties, system maintenance requirements, existing utilities, other applicable local, state, and federal regulations.

c.

Any alteration of a drainage or drainage maintenance and utility easement without prior approval may be deemed a violation and subject to enforcement actions. Nothing in this section shall prohibit the installation of utilities as allowed by other sections.

(Ord. of 11-4-2010)

Riparian buffer protection for lands within the planning jurisdiction of the Town of Oak Ridge:

(1)

Authority:Section 30-1222 is adopted pursuant to the authority vested in the Town of Oak Ridge by the Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239), Session Law 2009-484 (Senate Bill 838), G.S. 153A-121, G.S. 153A-140, G.S. 153A-18, G.S. § 160A-174, G.S. 160A-193, G.S. 160A-19, and any special legislation enacted by the General Assembly for The Town of Oak Ridge.

(2)

Purpose and intent: The purposes of the town in adopting section 30-1222 is to protect and preserve existing riparian buffers throughout the town and the Jordan Watershed as generally described in Rule 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope), in order to maintain their nutrient removal and stream protection functions. Additionally this section will help protect the water supply uses of Jordan Reservoir and of designated water supplies throughout the Jordan Watershed.

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

(3)

Jurisdiction:Section 30-1222 shall be applied to all land within the Jordan Watershed, as depicted on the Jordan Lake Watershed Stormwater Map of the Town of Oak Ridge, North Carolina.

(4)

Applicability:Section 30-1222 applies to all landowners and other persons conducting activities in the area described in subsection 30-1222(3), with the exception of activities conducted within the Jordan Reservoir Watershed under the authority of the state, the United States, multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The N.C. Division of Water Resources shall administer the requirements of Rule 15A NCAC 02B .0267 and .0295 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing Riparian Buffers, respectively) for these activities in the Jordan Reservoir Watershed.

(5)

Riparian area protection:

a.

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

1.

Section 30-1222 shall apply to activities conducted within, or outside of with hydrologic impacts in violation of the diffuse flow requirements set out in subsection 30-1222(5)e. upon, 50-foot wide riparian buffers directly adjacent to surface waters (intermittent streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.

2.

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

3.

For the purpose of this section, only one of the following types of maps shall be used for purposes of identifying a waterbody subject to the requirements of this section:

i.

The most recent published version of the Soil Survey Map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.

ii.

The most recent version of the 1:24,000 scale (7.5 minute) Quadrangle Topographic Maps prepared by the United States Geologic Survey (USGS).

iii.

A map approved by the Geographic Information Coordinating Council and by the N.C. Environmental Management Commission. Prior to approving a map under this item, the commission shall provide a 30-day public notice and opportunity for comment. Alternative maps approved by the commission shall not be used for buffer delineation on projects that are existing and ongoing within the meaning of subsection 30-1222(5)c. of this section.

4.

Where the specific origination point of a stream regulated under this item is in question, upon request of the N.C. Division of Water Resources or another party, the town shall make an on-site determination. A town representative who has successfully completed the division's surface water identification training certification course, its successor, or other equivalent training curriculum approved by the division, shall establish that point using the latest version of the division publication, "Identification Methods for the Origins of Intermittent and Perennial Streams", available at http://h2o.enr.state.nc.us/ncwetlands/documents/NC_Stream_ID_Manual.pdf or from the N.C. Division of Water Resources - 401 Oversight Express Permitting Unit, or its successor. The town may accept the results of a site assessment made by another party who meets these criteria. Any disputes over on-site determinations made according to this item shall be referred to the director of the Division of Water Resources c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The director's determination is subject to review as provided in G.S. 150B. arts. 3 and 4.

5.

Riparian buffers protected by this section shall be measured pursuant to subsection 30-1222(5)d. of this section.

NOTE: All stream buffers shall be identified on a recorded plat as "Drainage and Stream Buffer Easement" or dedicated as public open space when development or any portion of the development is required to be platted and recorded pursuant to other applicable sections of this section.

6.

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

7.

No new clearing, grading, or development shall take place, nor shall any new building permits be issued in violation of this section.

b.

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

1.

Manmade ponds and lakes that are not part of a natural drainage way that is classified in accordance with 15A NCAC 2B .0100, including ponds and lakes created for animal watering, irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream.)

2.

Ephemeral streams.

3.

The absence on the ground of a corresponding intermittent or perennial stream, lake, reservoir or pond.

4.

Ditches or other manmade water conveyances, other than modified natural streams.

5.

Freshwater ponds to which riparian buffer rules would otherwise apply if all of the following conditions are met:

i.

The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1.

ii.

Except for the riparian buffer rules and any similar rule adopted for the protection and maintenance of riparian buffers, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before the adoption of the riparian buffer rules for the river basin or watershed in which the property is located.

iii.

The pond is not a component of an animal waste management system as defined in G.S. 143-215.10B(3).

c.

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

1.

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

2.

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

i.

Project requires a 401 Certification/404 Permit and these were issued prior to the effective date this section;

ii.

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

iii.

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

iv.

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

d.

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

1.

Zone One shall consist of a vegetated area that is undisturbed except for uses provided for in the Table of Uses, subsection 30-1222(6)b. of this section. The location of Zone One shall be as follows:

i.

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

ii.

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

2.

Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses provided for in the Table of Uses, subsection 30-1222(6)b. of this section. Grading and revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One is not compromised. Zone Two shall begin at the outer edge of Zone One and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones One and Two shall be 50 feet on all sides of the surface water.

e.

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

1.

Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow at nonerosive velocities before the runoff enters Zone Two of the riparian buffer;

2.

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

3.

As set out in subsections 30-1222(5)d. and 30-1222(6)b. of this section, the zones of the riparian buffer and Table of Uses respectively, no new stormwater conveyances are allowed through the buffers except for those specified in the Table of Uses, subsection 30-1222(6)b. of this section, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances.

(6)

Potential uses and associated requirements.

a.

Approval for new development. The Town of Oak Ridge shall issue an approval for new development only if the development application proposes to avoid impacts to riparian buffers defined in subsection 30-1222(5)a. of this section, or where the application proposes to impact such buffers, it demonstrates that the applicant has done the following, as applicable:

1.

Determined the activity is exempt from requirements of this section;

2.

Received an authorization certificate from the town pursuant to subsection 30-1222(7)a. of this section;

3.

For uses designated as "allowable with mitigation" in the Table of Uses in subsection 30-1222(6)b., received approval of mitigation plan pursuant to subsection 30-1222(7)c. of this section; and

4.

Received a variance pursuant to subsection 30-1222(7)b.

b.

Table of uses. The following chart sets out potential new uses within the buffer, or outside the buffer with impacts on the buffer, and categorizes them as "exempt", "allowable", or "allowable with mitigation". All uses not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and may not proceed within the riparian buffer or outside the buffer if the use would impact the buffer, unless a variance is granted pursuant to subsection 30-1222(7)b. of this section, Variances. The requirements for each category are given in subsection 30-1222(6)c. of this section following the Table of Uses.

Notes:

*

To qualify for the designation indicated in the column header, an activity must adhere to the limitations defined for it in a given listing as well as the requirements established in subsection 30-1222(6)c. of this section.

¹  Provided that:

•

No heavy equipment is used in Zone One.

•

Vegetation in undisturbed portions of the buffer is not compromised.

•

Felled trees are removed by chain.

•

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

•

Stumps are removed only by grinding.

•

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

•

Zones One and Two meet the requirements of subsections 30-1222(5)d. and 30-1222(5)e.

²

Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the overhead utility lines shall require a no practical alternative evaluation by the town, as defined in subsection 30-1222(7)a.

•

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

•

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

•

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

•

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

•

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

•

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

•

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

•

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

³

Provided that poles or aerial infrastructure shall not be installed within ten feet of a waterbody unless Oak Ridge completes a no practical alternative evaluation as defined in subsection 30-1222(7)a.

⁴

Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then the underground utility line shall require a no practical alternative evaluation by Oak Ridge, as defined in subsection 30-1222(7)a.

•

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

•

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

•

Underground cables shall be installed by vibratory plow or trenching.

•

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

•

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

•

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

•

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

•

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

⁵

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

c.

Requirements for categories of uses. Uses designated in subsection 30-1222(6)b. of this section as exempt, allowable, and allowable with mitigation within a riparian buffer shall have the following requirements:

1.

Exempt. Uses designated as exempt are permissible without authorization by Oak Ridge provided that they adhere to the limitations of the activity as defined in subsection 30-1222(6)b. of this section, the Table of Uses. In addition, exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities.

2.

Allowable. Uses designated as allowable may proceed provided that there are no practical alternatives to the requested use pursuant to subsection 30-1222(7)a. of this section. This includes construction, monitoring, and maintenance activities. These uses require written authorization from the town.

3.

Allowable with mitigation. Uses designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested use pursuant to subsection 30-1222(7)a. of this section and an appropriate mitigation strategy has been approved pursuant to subsection 30-1222(7)a. These uses require written authorization from the town.

(7)

Permits, procedures, requirements and approvals.

a.

Determination of no practical alternatives/request for authorization certificate.

1.

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

i.

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

ii.

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

iii.

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

2.

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

i.

The name, address and phone number of the applicant;

ii.

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

iii.

The location of the activity, including the jurisdiction;

iv.

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

v.

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

vi.

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

3.

Within 60 days of a submission that addresses subsection 30-1222(7)a.2., the town shall review the entire project and make a finding of fact as to whether the criteria in subsection 30-1222(7)a.1. of this section have been met. A finding of "no practical alternatives" shall result in issuance of an authorization certificate. Failure to act within 60 days shall be construed as a finding of "no practical alternatives" and an authorization certificate shall be issued to the applicant unless one of the following occurs:

i.

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

ii.

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

iii.

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

iv.

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

4.

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

5.

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

b.

Variances.

1.

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

i.

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

(A)

If the applicant complies with the provisions of this section, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the town shall consider whether the variance is the minimum possible deviation from the terms of this section that shall make reasonable use of the property possible;

(B)

The hardship results from application of this section to the property rather than from other factors such as deed restrictions or other hardship;

(C)

The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with provisions of this section would not allow reasonable use of the property;

(D)

The applicant did not cause the hardship by knowingly or unknowingly violating this section;

(E)

The applicant did not purchase the property after the effective date of this section, and then request a variance; and

(F)

The hardship is rare or unique to the applicant's property.

ii.

The variance is in harmony with the general purpose and intent of the state's riparian buffer protection requirements and this section and preserves its spirit; and

iii.

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

2.

Minor variances. A minor variance request pertains to activities that will impact only Zone Two of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in subsection 30-1222(7)a.1. through subsection 30-1222(7)a.3., by the town pursuant to G.S. 160D. The town may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for appeals to decisions made by the town shall be made in writing to the director of the Division of Water Resources c/o the 401 Oversight Express Permitting Unit, or its successor. The director's decision is subject to review as provided in G.S. 150B arts. 3 and 4. All areas outside of the Jordan Lake Watershed will be evaluated solely under the minor variance procedure except appeals must be filed with the superior court within 30 days from the date of the decision. Decisions by the superior court will be in the manner of certiori.

3.

Major variances. A major variance request pertains to activities that will impact any portion of Zone One or any portion of both Zones One and Two of the riparian buffer. If Oak Ridge has determined that a major variance request meets the requirements in subsection 30-1222(7)b.1., then it shall prepare a preliminary finding and submit it to the N.C. Environmental Management Commission c/o the Division of Water Resources, 401 Oversight Express Permitting Unit, or its successor, for approval. Within 90 days after receipt by Oak Ridge, the commission shall review preliminary findings on major variance requests and take one of the following actions: Approve, approve with conditions and stipulations, or deny the request. Appeals from a commission decision on a major variance request are made on judicial review to superior court.

c.

Mitigation.

1.

This item shall apply to persons who wish to impact a riparian buffer in the Jordan Watershed when one of the following applies:

i.

A person has received an authorization certificate pursuant to subsection 30-1222(7)a. of this section for a proposed use that is designated as "allowable with mitigation"; or

ii.

A person has received a variance pursuant to subsection 30-1222(7)b. of this section and is required to perform mitigation as a condition of a variance approval.

Mitigation is not required outside of the Jordan Watershed, still a finding of no practical alternatives and written authorization is required.

2.

Issuance of the mitigation approval. Oak Ridge shall issue a mitigation approval upon determining that a proposal meets the requirements set out in Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. The approval shall identify at a minimum the option chosen, the required and proposed areas, and either the mitigation location or the offset payment amount as applicable.

(8)

Site inspections and enforcement.

a.

Site inspections.

1.

Agents, officials, or other qualified persons authorized by the town may periodically inspect riparian buffers to ensure compliance with this section.

2.

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

3.

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

4.

Any person engaged in new activities as defined by this section who fails to meet the requirements of this section shall be deemed in violation of this section and subject to enforcement actions under chapter 30, article V.

(9)

Definitions. For the purpose of riparian area protection, these terms shall be defined as follows:

a.

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

b.

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

1.

Satellite parking facilities;

2.

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

3.

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

c.

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

d.

"DBH" means diameter at breast height of a tree measured at 4.5 feet above ground surface level.

e.

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

f.

"Ditch" or "canal" means a manmade channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams.

g.

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

h.

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

i.

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

j.

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

k.

"Jordan Nutrient Strategy" or "Jordan Water Supply Nutrient Strategy" means the set of Rules 15A NCAC 2B .0262 through .0273 and .0311(p).

l.

"Jordan Reservoir" means the surface water impoundment operated by the U.S. Army Corps of Engineers and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan nutrient strategy in Rule 15A NCAC 2B .0262(4).

m.

"Jordan Watershed" means all lands and waters draining to B. Everett Jordan Reservoir.

n.

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

o.

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

p.

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

q.

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

r.

"Stream" means a body of concentrated flowing water in a natural low area or natural channel on the land surface.

s.

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

t.

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

u.

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

v.

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

(10)

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

(Ord. of 11-4-2010; Ord. of 8-2-2012; Ord. of 3-1-2017; Ord. No. O-2021-13, § 1, 7-1-2021)

Perennial streams in [the] water supply district shall not be channelized without prior approval by the town council.

(Ord. of 11-4-2010)

(a)

Designated agencies. The following are the designated agencies responsible for implementing the requirements of the water supply watershed protection rules as adopted by the state environmental management commission for the specified activity:

(1)

Agriculture. Guilford Soil and Water Conservation District.

(2)

Silviculture. North Carolina Division of Forest Resources.

(b)

Transportation. The state department of transportation shall comply with the practices outlined in its document entitled "Best Management Practices for the Protection of Surface Waters," which is incorporated by reference.

(c)

Hazardous materials.

(1)

The county fire marshal and the county emergency management assistance agency are the designated management agencies responsible for implementing the provisions of this subsection pertaining to hazardous materials.

(2)

An inventory of all hazardous materials used and stored in the watershed shall be maintained. A spill/failure containment plan and appropriate safeguards against contamination are required. Waste minimization and appropriate recycling of materials is encouraged.

(3)

Properties in the GWA shall comply with the requirements of the following hazardous substances regulations if materials listed in the Superfund Amendments and Reauthorization Act (SARA) section 302 Extremely Hazardous Substances (42 USC 11000 et seq.), or section 311 of the Clean Water Act, as amended (CWA) (33 USC 1251 et seq.; oil and hazardous substances) are stored or used on the site.

(Ord. of 11-4-2010)

(a)

General.

(1)

Requests for stormwater management/watershed protection variances shall be submitted in writing on forms supplied by the governing jurisdiction and with a completed stormwater management/watershed development plan showing all pertinent information relative to the site in question. Information not shown on the stormwater management/watershed development plan or not presented in writing shall not be considered pertinent to the variance request.

(2)

For each request for a minor or major stormwater management/watershed variance, the stormwater administrator shall notify all other local governments having jurisdiction within the same water supply watershed or using the affected water supply for consumption. A comment period of at least 14 days shall be allowed before the town council hearing.

(3)

In granting variances the jurisdiction may require such conditions as will secure, insofar as practicable, the objectives of the requirements being modified.

(4)

The applicant must demonstrate hardship that the regulations impose on the property, not just apply for a waiver of the rules.

(5)

The applicant must submit a plan that demonstrates equal or better performance than the current regulations.

(6)

Before the governing body may grant a minor watershed variance or recommend approval to the state environmental management commission (EMC) for a major variance, it shall make the following three findings, and shall include the factual reasons on which they are based:

a.

There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the watershed requirements, and all of the following conditions exist:

1.

If the applicant complies with the provisions of this rule, the applicant can secure no reasonable return from, nor make reasonable use of the subject property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the EMC or stormwater administrator or designee shall consider whether the variance is the minimum possible deviation from the terms of the rule that shall make reasonable use of property possible.

2.

The hardship results from the application of the rule to the property rather than from other factors such as deed restrictions or other hardships.

3.

The hardship is due to the physical nature of the applicant's property, such as size, shape, or topography, which is different from that of neighboring properties.

4.

The applicant did not cause the hardship by knowingly or unknowingly violating the rule.

5.

The applicant did not purchase the property after the effective date of the rule, and then request an appeal. The applicant is not precluded from a variance if a valid hardship is demonstrated.

6.

The hardship is unique to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice.

b.

The variance is in harmony with the general purpose and intent of this article and preserves its spirit.

c.

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

(b)

Minor stormwater/watershed variances. The town council is designated to approve minor stormwater management and watershed variances.

(c)

Major stormwater/watershed variances. The state environmental management commission (EMC) is designated to approve major stormwater management and watershed variances. The review process shall be the same as in subsection (b) above, except that the governing body shall make recommendations to the EMC. The variance application, hearing notices, and minutes from each committee and board review shall be forwarded to the EMC, which shall approve or deny the variance.

(Ord. of 11-4-2010)

(a)

10/70 provision—Watershed reporting. The watershed administrator shall keep records on the town's use of the provisions that a maximum of ten percent of the noncritical area of WS-III watersheds may be developed with new development at a maximum of 70 percent built-upon surface area. Records for each watershed shall include the total area of noncritical watershed area, 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).

(b)

Stormwater management/watershed variances. The watershed administrator shall keep a record of all stormwater management/watershed variances. This record shall be submitted for each calendar year to the division of water quality management on or before January 1st of the following year and shall provide a description of each project receiving a minor or major variance and the reasons for granting the variance.

(Ord. of 11-4-2010)

(a)

District boundaries. The NPDES district covers all the territory encompassed in Oak Ridge, North Carolina.

(b)

Maximum development density and minimum lot size.

(1)

All developments located in the NPDES nonwater supply district shall be limited to the maximum density and minimum lot size based upon the development's current zoning.

(2)

All developments located in the NPDES water supply district shall follow the density and development requirements of the GWA Performance Tables.

(c)

Performance standards. The stormwater management/watershed development plan for any development covered by this section shall be prepared and submitted in accordance with the performance standards found in the NPDES Performance Standards Table below. The owner, developer, or person submitting the stormwater management/watershed development plan shall indicate which performance standard they have chosen for review and approval. Development that cumulatively disturbs less than one acre is exempt from the requirements of this section.

NPDES PERFORMANCE STANDARDS

^a  Development under the high-density option shall require an engineering statement by a registered professional engineer, with seal (subsection 30-1220(b)) certifying the control and treatment of the runoff from a one-inch rain and the discharge of the storage volume shall be equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm.

NOTES:

(1)

DU = dwelling unit(s); AC = acre; percentage (%) refers to built-upon area of the zone lot, parcel, or tract.

(2)

Single-family detached residential developments will be evaluated on the basis of dwelling units per acre.

(3)

All other residential and all nonresidential developments will be evaluated on the basis of built-upon area percentage.

(d)

Runoff control. When runoff control is required for development using the high-density option (see definition and the density and intensity limits for low-density and high-density options table in subsection 30-9(2)) the runoff control shall be by use of a best management practice meeting the performance standards of the following:

(1)

Control and treat the runoff from the first one inch of rain.

(2)

Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm.

(3)

Remove an 85 percent average annual amount of total suspended solids and meet the guidelines in the latest edition of the County Water Quality Protection Manual.

(4)

Drawdown of treatment volume shall be no faster than 48 hours but no slower than 120 hours.

(Ord. of 11-4-2010)

(a)

GWA district boundaries. The GWA district extends to the outer boundary of the watershed of a designated water supply reservoir or intake.

(b)

Maximum development density and minimum lot size. All developments in the GWA, not utilizing public sewer, shall be limited to the maximum density of 1 DU/1 acre and minimum lot size based upon the development's current zoning. The minimum required lot size shall not include the area in a special purpose lot used for off-site sewage treatment systems. Developments utilizing public sewer shall be limited to the maximum density shown in the GWA Performance Standards Table below and minimum lot size based upon the development's current zoning.

(c)

Performance standards. The watershed development plan for any development covered by this section shall be prepared and submitted in accordance with the performance standards found in the GWA Performance Standards Table below. The owner, developer, or person submitting the watershed development plan shall indicate which performance standard they have chosen for review and approval.

GWA PERFORMANCE STANDARDS

^a  Development under the high-density option shall require engineering statement by a registered professional engineer, with seal (subsection 30-1220(b)) certifying the control and treatment of the runoff from a one-inch rain and the discharge of the storage volume shall be equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm.

;sup\sup; Development cannot exceed 50 percent built-upon unless it is nonresidential development and has received an additional allocation option in compliance with subsection 30-1257(e)(2).

NOTES:

(1)

DU = dwelling unit(s); AC = acre; percentage (%) refers to built-upon area of the zone lot, parcel, or tract.

(2)

Single-family detached residential developments will be evaluated on the basis of dwelling units per acre.

(3)

All other residential and all nonresidential developments will be evaluated on the basis of built-upon area percentage.

(d)

Runoff control. When runoff control is required for development using the high-density option (see definition and the density and intensity limits for low-density and high-density options table in subsection 30-9(2)) the runoff control shall be by use of a best management practice meeting the performance standards of the following:

(1)

Control and treat the runoff from the first one inch of rain.

(2)

Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm.

(3)

Remove an 85 percent average annual amount of total suspended solids and meet the guidelines in the latest edition of the County Water Quality Protection Manual.

(4)

Drawdown of treatment volume shall be no faster than 48 hours but no slower than 120 hours.

(e)

GWA—Watershed classification WS-III.

(1)

Built-upon area limit. Development shall not exceed 50 percent built-upon area.

(2)

10/70 option for nonresidential.

a.

Ten percent of the local jurisdiction's portion of a WS-III GWA, as delineated on July 1, 1993, may be developed with new nonresidential development at up to 70 percent built-upon area.

b.

Allocation shall be made on a first come, first served basis. When a building permit for the site is issued or the subdivision plat for a development is recorded, an allocation shall be assigned. Expiration of a building permit shall terminate the allocation under this section.

c.

Developments using this option shall provide an engineer's statement of runoff control for control of the runoff from a one-inch rainfall and for a one-year, 24-hour storm event.

(3)

Prohibited uses. No new discharging landfills.

Editor's note— An ordinance adopted Mar. 1, 2017, repealed § 30-1258, which pertained to Jordan Lake Watershed area and derived from an ordinance adopted Aug. 2, 2012.

The objectives of this division shall be as follows:

(1)

To provide for the enforcement of the county's stormwater quality management program;

(2)

To reduce the discharge of pollutants to receiving streams to the maximum extent practicable by requiring, where appropriate, the use of best management practices, structural and/or nonstructural stormwater quantity and quality control measures and other provisions;

(3)

To provide for the inspection and proper maintenance of structural and nonstructural stormwater controls;

(4)

To prohibit non-stormwater discharges to the receiving streams and require the removal of illicit connections to drainageways;

(5)

To prevent improper disposal of materials that degrade water quality;

(6)

To permit sampling and monitoring for pollutants such as those associated with illicit discharges, improper disposal, industrial and construction activities, and the application of pesticides, herbicides, and fertilizers.

(Ord. of 2-3-2005, § 7-3.1)

The provisions of this division shall apply to all the territory encompassed in the town and shall govern the development and use of land and structures therein.

(Ord. of 2-3-2005, § 7-3.2)

This division is adopted pursuant to the following authorities in the General Statutes of North Carolina: G.S. 15 (Criminal Procedure), G.S. 113A (Pollution Control and Environment), G.S. 130A (Public Health), and G.S. 160D (Local Planning and Development).

(Ord. of 2-3-2005, § 7-3.3; Ord. No. O-2021-13, § 1, 7-1-2021)

This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued. Nothing herein shall repeal, modify or amend any federal or state law regulating water quality, watershed protection, stormwater management or environmental protection.

(Ord. of 2-3-2005, § 7-3.4)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will in any way affect the operation, or maintenance of the drainageways.

Conveyance. Any feature of the landscape or earth, manmade or natural, that carries water in a concentrated flow.

Discharge. Additions of pollutants into waters of the United States or this state from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyance owned by a stated municipality, or other person which does not lead to a treatment works; and discharges through pipes, sewers, or other conveyance, leading into privately owned treatment works.

Ditch/swale. Open channel that infiltrates and/or transports runoff waters.

Drainage. The flow of runoff into a conveyance.

Drainage easement. An easement which grants the right of storm runoff to pass over a downstream property.

Easement. A grant of one or more of the property rights, by the property owner, to, or for use by, the public, a corporation, or other entity.

Garbage. Animal and vegetable refuse resulting from the handling, preparation, cooking and consumption of food, including a minimum amount of liquid necessarily incident thereto.

Having control over. Shall mean but not be limited to any person using, transferring, storing, or transporting a hazardous material immediately prior to release of such hazardous material on the land or into the air or receiving waters.

Hazardous material. Any substance which, when discharged in any quantity, may present an eminent and substantial danger to the public health or welfare or to the environment.

Hazardous material response. The sending of the county environmental health, emergency spill response team or emergency management equipment to abate hazardous materials, which endanger the health or safety of persons or the environment.

Illicit discharge. Any discharge to a stream that is not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities.

Municipal separate storm sewer. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains).

National Pollutant Discharge Elimination System (NPDES). A permitting system established by section 402 of the Clean Water Act. Permits are issued by the state for discharges directly to the surface waters of the state.

New development. Any activity for which a building permit or a grading permit is required, or any of the following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating, transporting, and filling of land.

Outfall. A point source at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers; or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States.

Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or their legal representative agents or assigns.

Refuse. Solid waste, including but not limited to garbage, rubbish and ashes.

Riparian buffer or stream buffer. An area of native or nonnative woody vegetation adjacent to a stream or other natural conveyance of water or stormwater.

Watercourse. A natural or manmade channel that carries surface runoff from precipitation.

(Ord. of 2-3-2005, § 7-3.5)

The following acronyms, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

BOA—Board of Adjustment.

CFR—Code of Federal Regulations.

DENR—Department of Environmental and Natural Resources.

DEM—Division of Environmental Management.

GWA—General Watershed Area.

NCGS—North Carolina General Statutes.

NPDES—National Pollutant Discharge Elimination System.

SWPPP—Stormwater Pollution Prevention Plans.

SWQMP—Stormwater Quality Management Program.

(Ord. of 2-3-2005, § 7-3.6)

(a)

The town manager or his designee shall have right of entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. The town manager or his designee shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter.

(b)

Where a person has security measures in force, which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the town manager or his designee will be permitted to enter without delay for the purposes of performing specific responsibilities.

(c)

The town manager or his designee shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations.

(d)

Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the town manager or his designee. The costs of clearing such access shall be borne by the person.

(e)

The town manager or his designee may inspect the facilities of any user in order to ensure compliance with this chapter. Such inspection shall be made with the consent of the owner, manager, or signatory official. If such consent is refused, the town manager or his designee may seek issuance of an administrative search warrant.

(Ord. of 2-3-2005, § 7-3.7)

(a)

Illicit connections. It shall be unlawful to use any unapproved conveyance or any stream or watercourse to carry off water from any kitchen sink, bathtub or privy, or to carry off any fluid of an offensive or dangerous nature. No water or refuse from any industrial, commercial or institutional process, including uncontaminated water used for heating or cooling, shall be discharged in any stream or watercourse by any person until such person has obtained the appropriate local, state and federal permits.

(b)

Improper disposal. It shall be unlawful for any person to discharge non-stormwater to any stormwater conveyance with the exception of the following:

(1)

Water line flushing;

(2)

Diverted stream flows;

(3)

Rising ground waters;

(4)

Uncontaminated ground water infiltration to separate storm sewers;

(5)

Uncontaminated pumped ground water discharges from potable water sources;

(6)

Foundation drains;

(7)

Air conditioning condensation;

(8)

Irrigation water;

(9)

Springs;

(10)

Water from crawl space pumps;

(11)

Footing drains;

(12)

Lawn watering;

(13)

Car washing at one's residence, not for hire;

(14)

Flows from riparian habitats and wetlands;

(15)

Dechlorinated swimming pool discharges;

(16)

Street wash waters; and

(17)

Discharges from firefighting.

(c)

Litter and refuse control.

(1)

It shall be unlawful to throw, place or deposit any refuse in any street, public place, on any private property, or in any conveyance within the town, except in garbage cans or garbage receptacles.

(2)

It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any of the sidewalks in the county or upon the floors of any churches, public halls, theaters, buses or other public places.

(3)

It shall be unlawful for any person to place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or containers or any kind upon any median strip, alleyway, street or street right-of-way, park or grass strip, or in any conveyance, or upon the private premises of another without permission of the owner or person in control of such premises, or upon any public property; provided, however, that the provisions of this subsection do not apply to those materials required to be placed for collection on the grass or park strip.

(d)

Organic waste. No privy, pigpen, stable or structure of any kind shall be permitted to stand so near any stream, ditch, drain, or stormwater conveyance of any kind that animal waste or the droppings therefrom will run into such stream, ditch, drain, or stormwater conveyance or in any way poison or contaminate the water therein; nor shall the urine from any privy be allowed to fall or be emptied into any stream, ditch, drain, or stormwater conveyance.

(Ord. of 2-3-2005, § 7-3.8)

(a)

Purpose and authority. The coordinator for the county environmental health, emergency spill response team or his designee shall have the authority to summarily abate, control and contain hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment. The coordinator or his designee shall have the authority to enter public or private property with or without the owner's consent, to respond to such hazardous materials emergencies. The coordinator or his designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate, control and contain all hazardous materials which are emitted into the environment.

(b)

Responsibility. The property owner and/or the person exercising control over the hazardous materials that create the hazardous material emergency shall be held liable for any response, control, containment, equipment, and materials costs incurred by the county environmental health, emergency spill response team during the emergency. The property owner and/or person exercising control over such hazardous material, may provide personnel to assist abatement, removal and remedial measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of state and federal laws. The county shall not be liable for the use of outside personnel. Assistance shall consist of any or all of the following:

(1)

Informing emergency spill response team personnel of all matters pertaining to the incident;

(2)

Supplying emergency response plan information for the site;

(3)

Supplying emergency response equipment, personnel and materials.

(Ord. of 2-3-2005, § 7-3.9)

The town may review the stormwater pollution prevention plans required under a facility's NPDES stormwater discharge permit when outfall monitoring or the illicit discharge/improper disposal program locates a suspected violator.

(Ord. of 2-3-2005, § 7-3.10)

Any of the following shall be a violation of this division and shall be subject to the enforcement remedies and penalties provided by this division and by state law.

(1)

Development without permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the town of this chapter without all required permits, certificates, or other forms of authorization as set forth in this article.

(2)

Development inconsistent with permit. To engage in any development, use, construction remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other for of authorization granted for such activity.

(3)

Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the town or its agent boards upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon.

(4)

Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this division or any other regulation made under the authority conferred thereby.

(5)

Continuing a violation. To continue any of the above violations is a separate and distinct offense each day.

(Ord. of 2-3-2005, § 7-3.11)

(a)

Illicit connections.

(1)

Any person who is found responsible for an illicit connection shall receive a notice of violation when the connection is discovered. The person shall have 30 days to remove the connection. At the end of that time if the connection has not been removed, the enforcement officer may assess civil penalties in the amount of $200.00 for violation of this division. For purposes of this section, each day that a violation remains unabated shall be considered a new, separate and distinct violation for purposes of assessing a civil penalty. In addition to the assessment of civil penalties, the enforcement officer may enter the property and take measures necessary to remove the connection and perform whatever cleanup or abatement is necessary. If the person fails to remove the connection in the time prescribed, the county may petition the superior court of justice, for the issuance of an injunction to compel removal and payment; however, removal of the illicit connection shall be immediate upon the determination of the enforcement officer that the connection poses an imminent threat to public health.

(2)

If any person who previously has been found to have an illicit connection reconnects to the conveyance, he shall be assessed a civil penalty not to exceed $5,000.00. The penalty shall increase by 25 percent of the previous penalty amount for every subsequent illicit connection made by the same person. The penalty shall be additional to the cost of cleanup and abatement. If the person has or is required to have a stormwater discharge permit from the state division of environmental management, the enforcement officer shall alert the appropriate state authorities of the violation. In determining the amount of the penalty the town manager or his designee shall consider the following:

a.

The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;

b.

The duration and gravity of the violation;

c.

The effect on groundwater or surface water quality or on air quality;

d.

The cost of rectifying the damage;

e.

The amount of money saved by noncompliance;

f.

Whether the violation was committed willfully or intentionally;

g.

The prior record of the violator in complying or failing to comply with the stormwater quality management; and

h.

The costs of enforcement to the county.

(b)

Improper disposal, process wastewater. Any person who is found to have improperly disposed of process wastewater to the receiving streams shall be assessed a civil penalty not to exceed $5,000.00. In determining the amount of the penalty the town manager or his designee shall consider the following:

(1)

The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;

(2)

The duration and gravity of the violation;

(3)

The effect on groundwater or surface water quality or on air quality;

(4)

The cost of rectifying the damage;

(5)

The amount of money saved by noncompliance;

(6)

Whether the violation was committed willfully or intentionally;

(7)

The prior record of the violator in complying or failing to comply with the stormwater quality management program; and

(8)

The costs of enforcement to the town.

(c)

Bulk sales. Any person who is found to have improperly disposed of any substance that was purchased at a bulk sales location which, upon discharge to the receiving streams or drainage network, would have an adverse impact on water quality or cause the county to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed $5,000.00. In determining the amount of the penalty the town manager or his designee shall consider the following:

(1)

The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;

(2)

The duration and gravity of the violation;

(3)

The effect on groundwater or surface water quality or on air quality;

(4)

The cost of rectifying the damage;

(5)

The amount of money saved by noncompliance;

(6)

Whether the violation was committed willfully or intentionally;

(7)

The prior record of the violator in complying or failing to comply with the stormwater quality management program; and

(8)

The cost of enforcement to the town.

(d)

Household products. Any person who is found to have improperly disposed of any substance that was purchased over-the-counter for household, in quantities considered normal for household purposes, which, upon discharge to the receiving streams or drainage network, would have an adverse impact on water quality or cause the county to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed $500.00. In determining the amount of the civil penalty the town manager or his designee shall consider the following:

(1)

The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;

(2)

The duration and gravity of the violation;

(3)

The effect on groundwater or surface water quality or on air quality;

(4)

The cost of rectifying the damage;

(5)

The amount of money saved by noncompliance;

(6)

Whether the violation was committed willfully or intentionally;

(7)

The prior record of the violator in complying or failing to comply with the stormwater quality management program; and

(8)

The costs of enforcement to the town.

(e)

Yard waste. Any person who is found to have improperly disposed of leaves, grass clippings, or other yard wastes shall be assessed a civil penalty not to exceed $500.00. In determining the amount of the penalty the town manager or his designee shall consider the following:

(1)

The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation;

(2)

The duration and gravity of the violation;

(3)

The effect on groundwater or surface water quality or on air quality;

(4)

The cost of rectifying the damage;

(5)

The amount of money saved by noncompliance;

(6)

Whether the violation was committed willfully or intentionally;

(7)

The prior record of the violator in complying or failing to comply with the stormwater quality management program; and

(8)

The costs of enforcement to the town.

(f)

Repeat violation. If a person is found to be responsible for more than one instance of improper disposal, the penalty shall increase by 25 percent of the previous penalty amount for each subsequent improper disposal. The penalties shall be additional to the cost of clean up and abatement.

(g)

Watershed areas. The penalty assessed for any of the above violations shall be increased by 25 percent of the amount assessed if it occurs in any designated water supply watershed area.

(h)

Failure to report. The penalty assessed for any of the above violations shall be increased by 25 percent of the amount assessed for any spill not properly reported by the violator once he has knowledge of the violation.

(i)

Subsequent penalties assessed.In the event there are subsequent penalties assessed by the state against the county for improper disposal or illegal dumping, or illicit connection into the receiving streams as identified in state law, caused by any person, such person shall be assessed the equivalent amount of civil penalty.

(Ord. of 2-3-2005, § 7-3.12)

Any or all of the following procedures may be used to enforce the provisions of this division:

(1)

Injunction. Any violation of this division or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law.

(2)

Civil penalties. Any person who violates any provision of this division shall be subject to the assessment of a civil penalty under the procedures provided in section 30-1299.

(3)

Denial of permit. The town manager or his designee shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, or use in which there is an uncorrected violation of a provision of this article, or of a condition or qualification of a permit, certificate, or other authorization previously granted.

(4)

Conditional permit or temporary certificate. The town manager or his designee may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority.

(5)

Revocation of permit. The town manager or his designee may revoke and require the return of a permit or certificate by notifying the permit holder in writing by hand, posting, email or first-class mail pursuant to G.S. 160D-404(a), stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans, or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. The town shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.

(6)

Notification of the state enforcement officials.

a.

Industrial and related facilities. When a town manager or his designee discovers an apparent violation of an industrial or related facility's NPDES stormwater discharge permit or that the facility is not operating pursuant to its stormwater pollution prevention plan, the county shall notify the appropriate state officials immediately.

b.

Construction sites. If the town manager or his designee discovers an apparent violation of the NPDES stormwater discharge permit required by the state for sites with land disturbing activity greater than one acre, or less if part of a larger project, he shall report the violation immediately to the appropriate state officials.

c.

Abatement. When the discharge from the facility interferes significantly with the receiving streams, and the facility fails to take appropriate actions upon notification by the county, the county may take immediate and appropriate measures to control the problem whether or not the facility is violating its NPDES permit and recover the cost from the facility.

d.

Judicial enforcement. When any person is in violation of the provisions of this division, the town manager or his designee, through the town attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction, which restrains or compels the activities in question.

(Ord. of 2-3-2005, § 7-3.13; Ord. No. O-2021-13, § 1, 7-1-2021; Ord. No. O-2021-138, 2-3-2022)

(a)

Any person assessed a civil penalty under this division shall have the right to a hearing before the board of adjustment upon making a written demand to the board of adjustment specifying the issues to be contested, within 30 days following receipt of the assessment.

(b)

Unless such written demand is made within the time specified herein, the action shall be final and binding.

(c)

The board of adjustment shall make a final decision on the contested penalty within 30 days of the receipt of the written demand for a hearing.

(d)

The board of adjustment shall transmit a copy of the decision by registered or certified mail.

(e)

The decision of the board of adjustment shall be considered the final administrative action for the purposes of judicial review. Any person may seek judicial review of a final administrative decision by the board of adjustment by filing a petition for writ of certiorari within 30 days after receipt of notice by registered or certified mail, but not thereafter, with the superior court of the county and with a copy to the county.

(Ord. of 2-3-2005, § 7-3.14)