A.   Purpose. To preserve and protect the natural resources located in development areas from encroachments and construction damage.

   B.   Applicability. The requirements of this section apply to all development applications that contain areas of natural resources. The applicable resources are as follows:

      1.   Atlantic Ocean.

      2.   Waters of the State.

      3.   Streams (Intermittent and Perennial).

      4.   Coastal Wetlands.

      5.   Jurisdictional Wetlands.

      6.   Lands within 30' of the normal high-water line along public trust waters.

   C.   Resource Conservation Areas shall be subtracted by the base site area in the determination of Net Site Area. Net Site Area shall be used in the calculation of density for any given site.

   D.   Required Open Space shall not include more than fifty (50) percent of resource conservation areas as outlined in Section 7.1.

(Ord. No. 2024-15, 11-5-24)

   All coastal development projects subject to CAMA must be approved and issued a major, minor, or general permit by the N.C. Division of Coastal Management or a minor permit by the Town of Surf City under contract with the Division of Coastal Management. All required CAMA permits shall be submitted to the Town during the development phase at which they are necessitated.

(Ord. No. 2024-15, 11-5-24)

   A.   Purpose. To prevent the pollution of water sources, bodies of water, waterways, and public and private property by controlling erosion of land and sedimentation.

   B.   Application Process: Complete and submit application and associated materials to NCDEQ. Plans shall be in compliance with NCDEQ standards, as amended, and any locally adopted ordinance requirements. Plan approval is required prior to the initiation of grading or any land disturbing activities.

   C.   Approval Required. The regulatory agency will issue approval. Proof of approval must be submitted to the Town of Surf City prior to the commencement of grading or land disturbing activities.

   D.   Enforcement. The Town or applicable regulatory agency is responsible for the enforcement of this ordinance.

   E.   Silt Fence and Erosion Control Measures Required. When a silt fence is not required by NCDEQ for new development or the expansion of existing development within the Town, a silt fence shall be required by the Administrator and shall be installed in accord with the NCDEQ Erosion and Sediment Control Planning and Design Manual as shown in the graphic below.

   Installation detail of a silt fence.

   Source: NCDEQ Erosion and Sediment Control Planning and Design Manual, Figure 6.62a

(Ord. No. 2024-15, 11-5-24)

   A.   Stormwater Management Plan. A stormwater management ordinance is adopted for the purpose of protecting surface water and ground water quality, to protect and promote public health, safety, and general welfare with guided plans that limit storm water run-off, pollutants, road ponding, environmental concerns and to avoid any further problems through the adoption of sound stormwater run-off practices. The following requirements shall be met prior for all new residential and non-residential development before a Certificate of Occupancy can be granted:

      1.   A stormwater management permit issued by the community development department for all properties except as outlined in subsection a., below.

         a.   Property used for residential purposes containing ten thousand (10,000) square feet or more with less than twenty-five percent (25%) of impervious coverage or is in a residential or non-residential development that has received a high-density stormwater permit from the State of North Carolina shall not be required to obtain a local stormwater management permit.

         b.   Stormwater on these sites shall not run additional water onto adjoining properties or public right-of-way.

      2.   All stormwater run-off generated on any non-residential site or from any residential structure(s) and associated infrastructure such as driveways and accessory structures, must be contained on site for the first inch and a half (1½") of rainfall in a twenty-four (24) hour period unless exempted in subsection 1.a above.

      3.   Stormwater Control Measures associated with commercial shall not be located within required setbacks unless required by NCDEQ due to specific site constraints.

      4.   A licensed engineer must design stormwater systems. It will also be the engineer's responsibility to ensure that the system has been installed properly and give written approval to the town that said system meets all design criteria.

      5.   All stormwater management systems shall be maintained in proper working condition. If there is evidence that a system may not be performing properly, the community development department may require that the system be tested and that a qualified professional certify its performance in accordance with the stormwater management standards.

      6.   Failure to comply with the provisions of this section and/or failure to comply with any of its requirements shall subject the violator to the appropriate penalties outlined in North Carolina General Statute.

   B.   Stormwater Drainage Design Requirements. All applications for land development shall provide an adequate drainage system for the proper drainage of all surface water. The plan of such a system, required in Section A., above, shall be certified by a registered professional engineer licensed to practice in North Carolina and shall be subject to the approval of all applicable agencies.

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

      2.   Where feasible, the applicant shall connect to an existing storm drainage system.

      3.   Where an existing storm drainage system cannot feasibly be extended to the development, a surface drainage system shall be designed to protect the proposed development from water damage due to ponding.

      4.   Surface drainage courses shall have side slopes of at least sufficient size to accommodate the drainage area without flooding.

      5.   The minimum grade along the bottom of a surface drainage course shall be a vertical fall of at least one (1) foot in each three hundred (300) feet of horizontal distance where necessary.

      6.   All new residential streets located on the mainland of Surf City shall be constructed to NC Department of Transportation standards unless an acceptable alternative is provided for and approved as a portion of a conditional zoning application.

(Ord. No. 2024-15, 11-5-24)

   A.   Applicability. The CFOD shall apply to all properties on Topsail Island as well as all properties adjacent to coastal waters and marshes. All requirements of the underlying zoning district not specified within the CFOD shall also apply. In the event of a conflict between the underlying zoning district and the CFOD, the more stringent shall apply. All CFOD requirements shall apply to new and existing lots.

   B.   Dimensional Requirements. All existing natural areas and topography shall be preserved outside of the building setbacks; septic systems, water supply wells, fencing, stormwater systems, and driveway(s) are exempt.

   C.   Design Standards. Development shall be designed to protect the continuing growth of the undisturbed area. In doing so, the following requirements shall be met:

      1.   The maximum total frontage for driveways is 24 feet of width at the street.

      2.   Driveway design shall be shown on a submitted grading plan prepared by a licensed professional which demonstrates minimal land disturbance.

      3.   The amount of fill added to a lot shall not be greater than two feet above the crown of the highest adjoining street or access easement. However, an additional one foot of fill, not to exceed a maximum of three feet above the crown of the highest adjoining street or access easement, may be added provided it is demonstrated through an engineering analysis that the proposed fill would not result in any increase in the base flood elevation and not cause any adverse impacts by wave ramping or deflection to the subject structure or adjacent properties.

      4.   Fill material must be similar and consistent with the natural soils in the area or proven by a licensed engineer to be an improved soil type.

      5.   All fill must be contained on-site by either a retaining wall or sloped no steeper than 3:1 with the fill tying to the existing grade prior to the lot line.

      6.   Retaining walls shall not exceed four (4) feet in height unless a certification letter is submitted by a licensed professional engineer stating compliance with state building code requirements.

      7.   Fill that is necessary to meet any county environmental health department or town/NCDEQ stormwater permit requirement may exceed the fill limit. In which case, fill shall only be allowed to the minimum extent necessary to obtain a permit.

      8.   If the lot is graded so that the storm water flows towards a street or access easement, an engineered stormwater system such as a swale, bioretention area, or other approved apparatus must be installed adjacent to the right of way to treat a 1.5-inch rain event in 24 hours.

      9.   If any fill is placed on a lot, sediment and erosion control measures must be installed to maintain all sediment within the lot limits. This includes but is not limited to properly installed silt fence in accordance with the NCDEQ Erosion and Sediment Control Planning and Design Manual.

      10.   The area of disturbance shall be limited to the area of a lot contained within the front, rear, and side setbacks of the underlying districts, except for the driveway access. If fill is placed the fill must begin to taper back to natural ground at the setback line or be contained by a retaining wall. Fill cannot be placed on or around protected trees.

      11.   If a retaining wall is provided, the wall may not be placed on the property line. The distance between the property line and the retaining wall shall not be less than the height of the retaining wall.

      12.   The cutting of brush or vegetation by a registered land surveyor or engineer for the purpose of completing survey work on a parcel of property provided that the cut path does not exceed four (4) feet in width.

      13.   All trees three (3) inches in diameter measured four (4) feet from the ground may not be removed.

      14.   Trees pruned back more than twenty (20) percent for the purpose of constructing a building may be removed.

      15.   Dead and diseased trees may be removed.

      16.   Pervious materials shall be used for the construction of any surfaces located outside the footprint of the principal structure and any accessory buildings allowed. (Commercial development and roads are exempt from this requirement). Pervious materials are, but not limited to, pervious concrete, pervious asphalt, slate gravel, river rock, slatted wood and other similar materials or products designed to allow water to pass through. Crusher run and ABC stone are examples of impervious materials.

         a.   Concrete or other impervious material may be used for the purposes of pool borders consistent with current CAMA Standards so long as it does not exceed the overall lot coverage percentage allowed in the underlying zoning district.

      17.   Setbacks shall be delineated physically on the lot for site inspection purposes.

      18.   If existing impervious surfaces outside of the footprint of the principal structure and any accessory buildings are modified by more than twenty percent (20%), pervious material shall be used.

      19.   When placing new stone over existing stone driveways, pervious material shall be used.

   D.   Grading Plan Requirements. Zoning permits shall be accompanied by a scaled grading plan depicting elevation changes prepared by a licensed surveyor, landscape architect, or professional engineer. A scaled grading plan is not required when fill is not proposed in excess of four inches. However, a sketch shall be submitted to depict areas of proposed fill, grading, and excavation.

   E.   Site Plan Requirements. Prior to the development of a lot, an applicant must submit a site plan to the community development department for review and approval. Developing building sites in the CFOD requires maximal preservation of trees and vegetation. The site plan shall show the following:

      1.   All requirements for a building permit application.

      2.   All trees in the setbacks greater or equal to three (3) inches in diameter measured four (4) feet from the ground.

      3.   Location of all structures, utilities, septic tanks, storm water systems, driveways, and parking area.

      4.   Location of all natural areas.

      5.   Location of proposed driveway(s) demonstrating minimal land disturbance.

      6.   Existing and proposed contours at two (2) foot intervals if site grading will occur.

   F.   Enforcement.

      1.   Trees removed, other than those permitted under this ordinance, shall be replaced by a quantity of trees totaling the diameter of the tree removed (i.e.: three 2-inch trees may replace one 6" tree). Replacement trees are not to be less than two (2) inches in diameter. All replacement plants shall be native species as identified in Appendix A, Recommended Planting Table.

      2.   Replacement trees shall be located on the site of the violation. If the number of replanted trees becomes unhealthy to the trees as determined by staff on the lot in violation; remaining trees shall be used for offsite restoration projects within the jurisdiction of the town. If trees are removed from the island, a portion of the mitigation trees may be considered for off-site planting on Topsail Island so long as a plan is submitted detailing the location of mitigated trees, along with an agreement from all property owners involved.

      3.   Any lot cleared prior to submitting a site plan shall be assessed a penalty of one (1) tree per foot of road frontage. For example, a 50-foot lot would require fifty (50) trees for replacement.

(Ord. No. 2024-15, 11-5-24; Ord. No. 2025-15, 6-3-25)

   All land located within the Special Flood Hazard Areas within the Town of Surf City and its ETJ are subject to the regulations contained in the Town of Surf City, North Carolina Code of Ordinances, Part II, Chapter 8 Flood Damage Prevention - Coastal Regular Phase.

(Ord. No. 2024-15, 11-5-24)

   A.   Purpose and Intent. The purpose of these standards is to maintain and protect existing shoreline areas from accelerated erosion. More specifically, these standards are intended to:

      1.   Maintain the location of existing shorelines, to the maximum extent practicable;

      2.   Prevent sedimentation of Town waters and waterways; and

      3.   Limit the further loss of soil and sand from upland areas.

   B.   Applicability.

      1.   The standards in this section shall apply to development on lots abutting canals or waterways within the Town's planning jurisdiction that are or could be subject to significant erosion, as determined by the Administrator or their designee.

      2.   For the purposes of these standards, significant erosion means erosion resulting in the loss of six (6) or more inches of shoreline per year.

   C.   Standards.

      1.   No building permit shall be issued for development upon any land subject to these standards until the landowner has taken the necessary steps to stabilize the land and prevent further significant erosion. Stabilization of the shoreline may be accomplished by the installation of any of the following:

         a.   Bulkheads;

         b.   Sloping rip-rap;

         c.   Gabions;

         d.   Living Shoreline;

         e.   Vegetation; or

         f.   Other strategy as approved by the Administrator or designee.

      2.   All shoreline stabilization activities shall comply with the Coastal Area Management Act and applicable regulations. A valid permit or exemption letter from the Division of Coastal Management shall be provided.

   D.   Timing. Upon receipt of notification of significant erosion by the Town, a landowner shall stabilize the shoreline in accordance with the standards outlined in this ordinance and all other applicable state or federal regulations within ninety (90) days. Failure to stabilize the shoreline or appeal the Town's finding of significant erosion within ninety (90) days shall be a violation of this ordinance in accordance with Section 3.28, Enforcement.

(Ord. No. 2024-15, 11-5-24)