1. See Appendix K – Flood Damage Prevention Ordinance.
2. Pursuant to Chapter 160D-105, the Town incorporates by reference the FIS dated November 17, 2017 for Chatham County, associated Digital Flood Insurance Rate Map (DFIRM) panels, and any revision thereto promulgated by the Federal Emergency Management Agency (FEMA). A paper and/or digital copy of the currently effective version of the map shall be maintained for public inspection by the Planning Department.

Amended December 18, 2006, March 7, 2003, August 21, 2017, January 21, 2021

1. Specified local environmental regulations:
   1. Forestry activities
   2. Erosion and sedimentation control
   3. Floodplain regulations
   4. Stormwater control
   5. Water supply watershed management
2. The Town is authorized to exercise the powers conferred by Article 8 of Chapter 160A and Article 6 of Chapter 153A to adopt and enforce local ordinances pursuant to Part 2 of Article 9 of Chapter 160D to the extent necessary to comply with state and federal law, rules and regulations, or permits consistent with the interpretations and directions of the state or federal agency issuing the permit.
3. The Town regulations adopted pursuant to Part 2 of Article 9 of Chapter 160D are not subject to the variance provisions of G.S. 160D-705 unless that is specifically authorized by the Town ordinance (i.e. Flood Damage and Prevention Ordinance, Watershed Protection Ordinance).

Amended March 7, 2003, December 18, 2006, August 21, 2017, January 21, 2021

Amended March 7, 2003, December 18, 2006, August 21, 2017

1. A two hundred (200) foot vegetative buffer is required along the entire reach of the Rocky River.
2. A two hundred (200) foot vegetative buffer is required along all perennial and intermittent streams that are located within twenty-five hundred 2,500 feet of the Rocky River.
3. A one hundred (100) foot vegetative buffer is required along all perennial streams located twenty-five hundred (2,500) feet or more away from the Rocky River.
4. A fifty (50) foot vegetative buffer is required along all intermittent streams located twenty-five hundred (2,500) feet or more away from the Rocky River.
5. In the event that a buffer is disputed, buffers will be field-verified in accordance with the accepted methodology of “ground truthing” (USACOE and NCDEQ).
6. Herbicides, insecticides, and pesticides should not be used for utility right-of-way maintenance within 200 feet of streams, floodplains, and wetlands associated with streams.
7. Native forested plant communities should be maintained within 200 feet of streams or floodplains and wetlands associated with streams.
8. A closed canopy should be maintained over streams.
9. Trees should be trimmed rather than moved that are located within 200 feet of streams, floodplains, or wetlands associated with streams.
10. Notwithstanding the above, the permitting issuing authority may allow areas within required buffers to be counted toward usable open-space requirements and may allow such area to be used for passive recreational uses such as walking; however, any recreational activity that causes or significantly contributes to erosion shall not be allowed.

Amended March 17, 2003

1. To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting manmade drainage ways shall remain undisturbed.
2. To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting manmade drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.
   

1. All developments must be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:
   1. The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or
   2. The retention is not substantially different in location or degree than that experienced by the development site in its pre-development stage, unless such retention presents a danger to health or safety.
2. No surface water may be channeled or directed into a sanitary sewer.
3. Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
4. Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided for in § 199. Private roads and access ways within un-subdivided developments shall utilize curb and gutter storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.
5. Construction specifications for drainage swales, curbs and gutters, and storm drains are contained in Appendix C.
   

All development shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

1. No development may be constructed or maintained so that such development unreasonably impedes the natural flow of water from higher adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties; and
2. No development may be constructed or maintained so that surface waters from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties.
3. New developments exceeding 7% imperviousness shall install stormwater controls designed to maintain predevelopment hydrographic conditions, including flow volumes. Stormwater control facilities shall be maintained by the developer or homeowners association.
4. New developments should use the N.C. Department of Environmental Quality (NCDEQ) Stormwater Best Management Practices (BMP) Manual.
5. New developments should use infiltration practices (e.g., reduced road widths, rain gardens, parking lot bioretention areas, increased sheet flow instead of ditching, and disconnect impervious areas) instead of detention ponds to maintain predevelopment hydrographic conditions, including base flow during low flow conditions.
6. New developments should use the Conservation Reserve Program for lands and restoration of prior converted wetlands.
7. Direct discharge of stormwater into streams shall not be allowed.
8. Ditching or piping of stormwater should not be allowed within or through the buffers.

Amended March 17, 2003, February 2, 2009

1. Any development that cumulatively disturbs one acre or more of land, including a development that disturbs less than one acre of land that is part of a larger common plan of development or sale within the Town of Siler City Corporate Limits or Extraterritorial Jurisdiction shall obtain a general permit to discharge stormwater from the NCDEQ.
2. If a development is located within the Water Supply Watershed (WS-I-IV) program area, then it will not be required to obtain a general permit to discharge stormwater from the NCDEQ.
3. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt.
4. Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this ordinance.
5. No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.
6. This section is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.
7. All development and redevelopment projects for which complete and full applications were submitted and approved by the Town of Siler City prior to the effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions.
8. A phased development plan shall be deemed approved prior to the effective data of this ordinance if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
   1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.
   2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan.

Amended February 2, 2009

1. Prior to the conveyance or transfer of any private lot or building site to be served by a stormwater management facility pursuant to this Ordinance and prior to issuance of any permit for development or redevelopment requiring a stormwater management facility pursuant to this Ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facility. Until the transfer of all property, sites, or lots served by the stormwater management facility, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.
2. Stormwater management facilities that are constructed on public land within public rights-of-way and/or within public easements shall be maintained by the public body with ownership or jurisdiction of the subject property. The appropriate encroachment permits, easements and maintenance agreements shall be obtained prior to beginning construction.
3. The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the stormwater management facilities and shall state the terms, conditions, and schedule of maintenance for the stormwater management facilities.
4. The person responsible for maintenance of any stormwater management facility installed pursuant to this Ordinance shall be either a qualified registered professional engineer or a registered landscape architect.
5. In addition, the owner shall grant the Town of Siler City a right of entry in the event that the Town has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facilities. However, in no case shall the right of entry, of itself, confer an obligation on the Town of Siler City to assume responsibility for the stormwater management facilities.
6. The operation and maintenance agreement must be approved by the Town prior to plan approval and it shall be recorded with the County Register of Deeds prior to final approval. A copy of the recorded operations and maintenance agreement shall be given to the Town following its recordation.

Amended February 2, 2009

1. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.
2. The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance. A final inspection and approval by the Town shall occur before the release of any performance securities.

Amended February 2, 2009

1. No zoning permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity subject to the jurisdiction of the North Carolina Department of Environmental Quality (NCDEQ) certifying to the town, either that:
   1. An erosion control plan has been submitted to and approved by the NCDEQ; or
   2. The NCDEQ has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the NCDEQ approves the erosion control plan.
2. For purposes of this section, land disturbing activity means the clearing and grading of one (1) contiguous acre of land for use by any person in residential, industrial, educational, institutional, or commercial development, and highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin.
3. Enforcement: Violations of the Sedimentation Pollution Control Act of 1973, North Carolina Administrative Code Chapter 4 – Sedimentation Control, and North Carolina Erosion and Sediment Control Planning and Design Manual shall be enforceable by the State of North Carolina.

Amended February 2, 2009, January 21, 2021

1. The Siler City Watershed Protection Ordinance (effective September 28, 1993, as revised on June 1, 1998, and July 18, 2005) is set forth as Appendix H to this Ordinance.
2. Pursuant to Chapter 160D-105, the Town incorporates by reference the most recent officially adopted version of the Watershed Protection Map promulgated by the North Carolina Department of Environmental Quality (NCDEQ). A paper and/or digital copy of the currently effective version of the map shall be maintained for public inspection by the Planning Department.

Amended March 15, 2010, January 21, 2021