(A) Nitrogen and Phosphorus Control Plan Required
For purposes of this section, nitrogen and phosphorus control plans shall be required for the following:
(1) Any activity that, alone or as part of a larger common plan of development or sale, disturbs greater than one (1) acre of land in order to establish, expand, or modify a single-unit or duplex residential development or a recreational facility.
(2) Any activity that, alone or as part of a larger common plan of development or sale, disturbs greater than twelve thousand (12,000) square feet of land in order to establish, expand or modify a multifamily residential development or a commercial, industrial or institutional facility.
(3) Any redevelopment alone or as part of a larger common plan of development or sale in order to establish, expand, or modify a multifamily residential development or a commercial, industrial or institutional facility that increases built upon area and has an existing Stormwater Management Plan is subject to this rule regardless of disturbed area.
(4) Any grubbing, stump removal, and/or grading activity that disturbs greater than twelve thousand (12,000) square feet.
(5) Demolition and subsequent construction upon a previously developed site.
(B) Exemptions
(1) For purposes of this section, development or land disturbance shall not include agriculture, mining, or forestry activities.
(2) Existing development as of March 1, 2001 in the Neuse River Basin, is not subject to the requirements of this Section. Expansions to existing development must meet the requirements of this Section. The impervious surface area of the existing development is not required to be included in the nitrogen load attributed to the site expansion. All calculations must use the approved accounting tool.
(3) Redevelopment and/or rebuilding activity which results in no net increase in the built-upon area from that that previously existed and which provides equal or greater stormwater control than that provided by previous development.
(4) In the Cape Fear River Basin any proposed new development that would replace or expand structures or improvements that existed as of December 1, 2001, and that would not result in a net increase in built-upon area shall not be required to meet the nutrient loading targets or high-density requirements, in accordance with Section 4.4.6(D), except to the extent that it shall provide stormwater control at least equal to the previous development.
(C) Nitrogen and Phosphorus Export Standards
(1) Any activity that is required to submit a nitrogen control plan in the Neuse River Basin must achieve a nitrogen export of less than or equal to three and six-tenths (3.6) pounds per acre per year. Any activity that is required to submit a nitrogen and phosphorus control plan in the Cape Fear River Basin must achieve an export rate of less than or equal to two and two-tenths (2.2) pounds per acre per year of nitrogen and eighty-two hundredths (0.82) pounds per acre per year of phosphorus in the Upper New Hope and four and four-tenths (4.4) pounds per acre per year of nitrogen and seventy-eight hundredths (0.78) pounds per acre per year in the Lower New Hope. If the development contributes greater than three and six-tenths (3.6) pounds per acre per year of nitrogen in the Neuse River Basin, greater than two and two-tenths (2.2) pounds per acre per year of nitrogen and/or eighty-two hundredths (0.82) pounds per acre per year of phosphorus in the Upper New Hope, or greater than four and four-tenths (4.4) pounds per acre per year of nitrogen and/or seventy-eight hundredths (0.78) pounds per acre per year of phosphorus in the Lower New Hope, then the table below explains the options available depending whether the development is residential or non-residential.
(2) Notwithstanding the foregoing, in the Cape Fear River Basin, redevelopment that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option of either meeting the loading standards identified in section 7.3.2 (D)(1) or meeting a loading rate that achieves the following nutrient loads compared to the existing development: in the Upper New Hope Watershed, thirty-five (35) percent reduction in nitrogen and five (5) percent reduction in phosphorus; and in the Lower New Hope Watershed, no increase for nitrogen or phosphorus.
(3) Development subject to this section 7.3 shall attain a maximum nitrogen loading rate on-site of six (6) pounds per acre per year for single-unit, detached and duplex residential development and ten (10) pounds per acre per year for other development, including multi-family residential, commercial and industrial and shall meet any requirements for engineered stormwater controls otherwise imposed by the LDO. An applicant may achieve the additional reductions in nitrogen and phosphorus loading required by this section by making offset payments to the North Carolina Division of Mitigation Services contingent upon the acceptance of payments by that program. An applicant may propose other offset measures, including providing his or her own offsite offset or utilizing a private seller. All offset measures permitted by this ordinance shall meet the requirements of 15A NCAC 02B .0273 (2) through (4) and 15A NCAC 02B .0714.
TABLE 7.3-1: NITROGEN/PHOSPHORUS EXPORT REDUCTION OPTIONS | |
Residential | Commercial/Industrial/Institutional/Local Government/Multifamily Residential |
If the computed export is less than 6.0 lbs/ac/yr, then the owner may either: | If the computed export is less than 10.0 lbs/ac/yr, then the owner may either: |
Install SCMs to remove enough nitrogen to bring the development down to 3.6 lbs/ac/yr in the Neuse River Basin. Install SCMs to bring the nitrogen down to 2.2 lbs/ac/yr and phosphorus to 0.82 lbs/ac/yr in the Upper New Hope and the nitrogen down to 4.4 lbs/ac/yr and the phosphorus to 0.78 lbs/ac/yr Lower New Hope in the Cape Fear River Basin. | Install SCMs to remove enough nitrogen to bring the development down to 3.6 lbs/ac/yr in the Neuse River Basin. Install SCMs to bring the nitrogen down to 2.2 lbs/ac/yr and phosphorus to 0.82 lbs/ac/yr in the Upper New Hope and the nitrogen down to 4.4 lbs/ac/yr and the phosphorus to 0.78 lbs/ac/yr Lower New Hope in the Cape Fear River Basin. |
Pay a one-time offset payment to bring the nitrogen down to the 3.6 lbs/ac/yr in the Neuse River Basin. Pay a one-time offset payment to bring the nitrogen down to 2.2 lbs/ac/yr and phosphorus to 0.82 lbs/ac/yr in the Upper New Hope and the nitrogen down to 4.4 lbs/ac/yr and the phosphorus to 0.78 lbs/ac/yr Lower New Hope in the Cape Fear River Basin. | Pay a one-time offset payment to bring the nitrogen down to the 3.6 lbs/ac/yr in the Neuse River Basin. Pay a one-time offset payment to bring the nitrogen down to 2.2 lbs/ac/yr and phosphorus to 0.82 lbs/ac/yr in the Upper New Hope and the nitrogen down to 4.4 lbs/ac/yr and the phosphorus to 0.78 lbs/ac/yr Lower New Hope in the Cape Fear River Basin. |
Do a combination of SCMs and offset payment to achieve a 3.6 lbs/ac/yr export in the Neuse, 2.2 lbs/ac/yr nitrogen and 0.82 lbs/ac/yr phosphorus in the Upper New Hope and 4.4 lbs/ac/yr nitrogen and 0.78 lbs/ac/yr phosphorus in the Lower New Hope. | Do a combination of SCMs and offset payment to achieve a 3.6 lbs/ac/yr export in the Neuse, 2.2 lbs/ac/yr nitrogen and 0.82 lbs/ac/yr phosphorus in the Upper New Hope and 4.4 lbs/ac/yr nitrogen and 0.78 lbs/ac/yr phosphorus in the Lower New Hope. |
If the computed nitrogen export is greater than 6.0 lbs/ac/yr, the owner must use on-site or regional SCMs to bring the development's export down to 6.0 lbs/ac/yr. Then, the owner may use one of the three options above to achieve the reduction between 6.0 and 3.6 lb/ac/yr in the Neuse River Basin, 2.2 lbs/ac/yr in the Upper New Hope or 4.4 lbs/ac/yr in the Lower New Hope of the Cape Fear River Basin. | If the computed nitrogen export is greater than 10.0 lbs/ac/yr, the owner must use on-site or regional SCMs to bring the development's export down to 10.0 lbs/ac/yr. Then, the owner may use one of the three options above to achieve the reduction between 10.0 and 3.6 lb/ac/yr in the Neuse River Basin, 2.2 lbs/ac/yr in the Upper New Hope or 4.4 lbs/ac/yr in the Lower New Hope of the Cape Fear River Basin. |
Once it has been determined that an offset payment is forthcoming, the owner shall furnish the Town with evidence that the payment for the reductions in nitrogen and/or phosphorus has been made prior to the Town's issuance of a grading permit.
(4) The nitrogen and phosphorus export standards in this ordinance are supplemental to, not replacements for, stormwater standards otherwise required by federal, state or local law, including without limitation any riparian buffer requirements applicable to the location of the development. This includes, without limitation, the riparian buffer protection requirements of 15A NCAC 2B .0267,.0268 and .0714.
(D) Calculation of Nitrogen and Phosphorus Export
(1) The developer shall determine the need for engineered stormwater controls to meet the loading rate targets in the Cape Fear River Basin and Neuse by using the most current approved accounting tool for nutrient loading.
(2) Neuse River buffers and Jordan Lake Buffers required by the Department of Environmental Quality may not be used for compliance with nutrient reduction requirements; however, any portion of Zone 1, Zone 2, or Zone 3 UTB may be claimed as Protected Forest in the approved accounting tool if all the following are met:
(a) No easements, including but not limited to Public or Private Utilities, Retaining Walls, Access, Greenway, Drainage, or Stormwater Control Structure and Access easements, may be located within the area claimed as protected forest.
(b) The area claimed as protected forest must be recorded as Permanently Protected on the plat.
(c) Allowable activities within the Protected Forest are limited to those related to removal of nuisance and invasive and diseased or dying vegetation or in the interest of protecting human safety or property damage.