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(A) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.
(B) Time limit/expiration.
(1) An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.
(2) In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.
(Ord. 2010-27, passed 1-6-2010)
(A) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this chapter made by the Stormwater Administrator, may file an appeal to the town’s designated Appeal Board within 30 days.
(B) Filing of appeal and procedures.
(1) Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the town. The Stormwater Administrator shall transmit to the town’s designated Appeal Board all documents constituting the record on which the decision appealed from was taken.
(2) The hearing conducted by the town’s designated Appeal Board shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence.
(C) Review by Superior Court. Every decision of the town’s designated Appeal Board shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the latter of the following:
(1) The decision of the town’s designated Appeal Board is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the chair or secretary of the board that will hear appeals at the time of its hearing of the case.
(Ord. 2010-27, passed 1-6-2010)
STANDARDS
(A) Development standards for ultra low-density and low-density projects. Ultra low-density projects and low-density projects shall comply with each of the following standards, in addition to the general standards found in § 151.36:
(1) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.
(2) All development and redevelopment shall be located outside the riparian buffer zone and the flood protection zone. These zones shall be in accordance with the following provisions:
(a) Except where other applicable buffer standards are more restrictive, the riparian buffer zone shall extend a minimum of 50 feet landward of all perennial and intermittent surface waters. The most restrictive standards shall apply.
(b) The riparian buffer zone shall remain undisturbed unless otherwise permitted by this section.
(c) The flood protection zone shall extend throughout the FEMA 100-year floodplain as identified on the current Flood Insurance Rate Map (FIRM) published by FEMA. The flood protection zone shall remain undisturbed unless otherwise permitted by this section.
(d) No development or redevelopment is permitted within the riparian buffer zone or the flood protection zone except for stream bank or shoreline restoration or stabilization, water dependent structures, and public or private projects such as road crossings and installations, utility crossings and installations, and greenways, where no practical alternatives exist.
(e) Permitted activities within the riparian buffer zone and the flood protection zone shall minimize impervious coverage, direct runoff away from surface waters to achieve diffuse flow, and maximize the utilization of non-structural BMPs.
(f) Where the riparian buffer zone and the flood protection zone both are present adjacent to surface waters, the more restrictive shall apply.
(3) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future owners maintain the site consistent with the approved project plans.
(4) All development and redevelopment projects shall provide permanent on-site BMPs to lower the nitrogen export amounts as part of the stormwater management plan and accompany the land-disturbing plan submittal. BMPs are to be in accordance with and as specified in the Design Manual.
(5) For low-density projects only, structural and non-structural BMPs shall be used to ensure there is no net increase in peak flow leaving the site from the pre-development conditions for the one-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(6) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Design Manual.
(7) Developers must manage runoff so that after development the site will not exceed the target curve numbers in the table in division (B) below.
(8) Ultra low-density projects and low-density projects may be eligible for target curve number credits, as described in division (B) below.
(B) Maximum curve number after development. Developers must manage runoff so that after development the site will not exceed the following composite curve numbers, in accordance with procedures specified in the United States Department of Agriculture, Natural Resource Conservation Service, Technical Release 55, Urban Hydrology for Small Watersheds.
Project Density | Maximum Composite Curve Number, by Soil Group | |||
A | B | C | D | |
Ultra-low | 43 | 63 | 76 | 81 |
Low | 48 | 66 | 78 | 83 |
High | N/A | N/A | N/A | N/A |
(C) Target curve number credits.
(1) Purpose. The purpose of estabhshing a stormwater credit system is to provide incentives to implement better site design and locate new development in a manner that causes less impact to aquatic resources. Certain development practices reduce the generation of stormwater from the site; thereby reducing the size and cost of stormwater storage. In addition, these practices can provide partial removal of many pollutants. The credit system directly translates into cost savings and better protection of water resources.
(2) Disconnected impervious surfaces. Disconnected impervious surfaces, including permeable pavers, are encouraged. Runoff from these disconnected surfaces must be spread over pervious areas as sheet flow. As a credit, these disconnected impervious surfaces will be assigned the lower curve number specified by procedures of the United States Department of Agriculture, Natural Resources Conservation Service, Technical Release 55, Urban Hydrology for Small Watersheds.
(3) Reforestation. The planting of trees and shrubs is encouraged as a means of reducing runoff. As a credit for such practices, reforested areas in dedicated open space will be assigned the curve number for woods in good condition per procedures in the United States Department of Agriculture, Natural Resources Conservation Service (NRCS), Technical Release 55, Urban Hydrology for Small Watersheds. Areas planted with trees or shrubs must meet the following standards to qualify for the credit.
(a) Tree/shrub density and spacing. Planted trees or shrubs must meet the minimum density and spacing standards of the NRCS, as specified in the Field Office Technical Guide. Existing trees or shrubs may be used toward meeting the planting standard.
(b) Mulching. An initial application of mulch is required for the area, designated for reforestation. Mulching must meet applicable standards of the NRCS, as specified in the Field Office Technical Guide. Existing groundcover may be used toward meeting the mulching standard.
(4) Cluster, conservation and open space subdivisions. Cluster, conservation and open space subdivisions are encouraged. In applying curve number calculations to such developments, calculations must take into account the lots’ proportionate share of right-of-way and permanent open space.
(5) Calculations regarding ponds, lakes, and streams. Surface water bodies may not be assigned a curve number for impervious surfaces. Instead, such water bodies will be removed from calculations so that developments are not penalized for their presence. Surface water bodies shall be included in calculations of project density.
(D) Development standards for high-density projects. High-density projects shall implement stormwater control measures that comply with each of the following standards, in addition to the general standards found in § 151.36.
(1) The measures shall control and treat runoff from the first inch of rain. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(2) All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of 85% average annual removal for total suspended solids (TSS).
(3) All development and redevelopment projects shall provide permanent on-site BMPs to lower the nitrogen export amounts as part of the stormwater management plan and accompany the land-disturbing plan submittal. BMPs are to be in accordance with and as specified in the Design Manual.
(4) Structural and non-structural BMPs shall be used to ensure there is no net increase in peak flow leaving the site from the pre-development conditions for the one-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(5) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Design Manual.
(6) All development and redevelopment shall be located outside the riparian buffer zone and the flood protection zone. These zones shall be in accordance with the following provisions:
(a) Except where other applicable buffer standards are more restrictive, the riparian buffer zone shall extend a minimum of 50 feet landward of all perennial and intermittent surface waters. The most restrictive standards shall apply.
(b) The riparian buffer zone shall remain undisturbed unless otherwise permitted by this section.
(c) The flood protection zone shall extend throughout the FEMA 100-year floodplain as identified on the current Flood Insurance Rate Map (FIRM) published by FEMA. The flood protection zone shall remain undisturbed unless otherwise permitted by this section.
(d) No development or redevelopment is permitted within the riparian buffer zone or the flood protection zone except for stream bank or shoreline restoration or stabilization, water dependent structures, and public or private projects such as road crossings and installations, utility crossings and installations, and greenways, where no practical alternatives exist.
(e) Permitted activities within the riparian buffer zone and the flood protection zone shall minimize impervious coverage, direct runoff away from surface waters to achieve diffuse flow, and maximize the utilization of non-structural BMPs.
(f) Where the riparian buffer zone and the flood protection zone both are present adjacent to surface waters, the more restrictive shall apply.
(7) The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. Buffer widths and locations shall be clearly delineated on all plans, final plat, and as-builts.
(Ord. 2010-27, passed 1-6-2010; Ord. 2012-05, passed 7-20-2011)
(A) Downstream impact analysis.
(1) The downstream impact analysis must be performed in accordance with the “10% rule,” and a copy of the analysis must be provided with the permit application. The purpose of the downstream impact analysis is to determine if the project will cause any impacts on flooding or channel degradation downstream of the project site. The analysis must include the assumptions, results and supporting calculations to show safe passage of post-development design flows downstream. This analysis shall be performed at the outlet(s) of the site, and downstream at each tributary junction to the point(s) in the conveyance system where the area of the portion of the site draining into the system is less than or equal to 10% of the total drainage area above that point.
(2) The typical steps in the application of the 10% rule are:
(a) Using a topographic map, determine the point downstream where the proposed site equals 10% of the total drainage area, called the 10% point. Identify all tributary junctions between the downstream site boundary and the 10% point. All points identified, as well as the outlet of the site, are known as 10% rule comparison points.
(b) Using a hydrologic model with existing land uses, determine the pre-development peak runoff rate (cfs) for the ten-year design storm event at each comparison point.
(c) Insert the proposed site design and proposed BMPs into the land uses and determine the post-development peak runoff rate for the ten-year design storm at each comparison point.
(d) If the post-development peak discharge rate is equal to or less than pre-development conditions at all comparison points, no further analysis is required.
(e) If the ten-year post-development peak discharge rate is greater than the pre-development peak discharge rate at any comparison point, then one of the following actions must be taken:
1. Revise the site plan for the proposed site to incorporate better use of natural features, design additional structural control facilities, reduce impervious cover, or alter timing of peak flows to lower post-development flows at each comparison point to pre-development levels.
2. Obtain a flow easement from downstream property owners through the 10% point where the post-development peak discharge rate is higher than the pre-development peak discharge rate.
3. Work with the town to determine other acceptable approaches to reduce the peak discharge rate for the ten-year storm.
(3) For further information on the 10% rule, refer to the Stormwater Manual, available online.
(B) Standards for stormwater control measures.
(1) Evaluation according to contents of Design Manual. All stormwater control measures and stormwater treatment practices (or BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Design Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this chapter.
(2) Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this chapter. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this chapter. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made.
(3) Separation from seasonal high water table. For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high-water table.
(4) Changes to stormwater plan based on emerging technologies. Subject to the standards of this chapter and other applicable law, a developer, in conjunction with the development’s lot owners, may submit an application to revise the approved stormwater plan so as to use new technologies or best management practices not available when the original stormwater plan was approved. Innovative technologies may be used on a demonstration basis for a period of one year while simultaneously collecting data on the effectiveness of the technology according to its design. If at the end of the demonstration period the technology is not performing according to its intended design functions as judged by the Stormwater Administrator, the developer must retrofit the site with a standard technology.
(C) Additional stormwater management measures. In some cases, the Stormwater Administrator may require more stringent stormwater management measures where it is determined that additional measures are required to protect water quality and maintain existing and anticipated uses of these waters or to minimize off-site damage from stormwater runoff in accordance with the purpose of this chapter as defined in § 151.04.
(D) Dedication of BMPS, facilities and improvements. The town may elect to accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(E) Low impact development project classifications.
(1) All development or redevelopment to which this chapter applies may be submitted for classification as a low impact development (LID) project.
(2) Classification as a low impact development project requires that the development mimic the pre-developed hydrologic conditions defined as woods in good condition for the two-year, 24-hour storm, within 10%. The pre-developed conditions shall include: its hydrologic balance, frequency distribution of high flows; magnitude, frequency, and duration of low flows; groundwater recharge (or infiltration), and flow length and pattern. The conditions shall be measured through the comparison between measures of the pre-developed and developed conditions including: total runoff volume, time of concentration, curve number, and peak discharge. Mimicry of the pre-developed hydrologic conditions may be achieved through such techniques as the minimization of disturbed areas and the use of on-lot distributed retention storage as described in more detail on Wake County’s Stormwater web site under low impact development.
(3) The following techniques must be used to achieve LID classification:
(a) Natural site design in consultation with the town;
(b) Site buildings, roads, and other land disturbance in the least environmentally-sensitive areas, preserving steep slopes, naturally well-draining soils, and other hydrologically valuable features undisturbed;
(4) In addition, one of the following two techniques must be used to achieve LID classification:
(a) Bio-retention systems;
(b) On-site infiltration;
(5) In addition, at least two of the following techniques must be used to achieve LID classification:
(a) Retention of 50% of vegetated area, including open space, landscaping, or forests;
(b) Use of permeable pavement for all private driveways, private roads, sidewalks, and parking areas in accordance with the North Carolina Stormwater Best Management Practices Design Manual;
(c) Installation of one rain cistern per lot or three rain barrels per lot;
(d) Installation of vegetated roofs;
(f) Use of reclaimed water for all buildings in accordance with state and local laws.
(g) Use of innovative LID techniques subject to the approval of the town.
(6) For development and redevelopment projects achieving classification as LID projects, the Stormwater Administrator shall reduce or waive the stormwater permit fee if stipulated in the fee schedule duly adopted by the applicable governing board.
(7) Upon collaboration with the Planning Board, the Stormwater Administrator may develop and apply an expedited review schedule for development or redevelopment projects achieving classification as LID projects. Such a review schedule will depend upon the continued availability of local government resources to conduct expedited reviews.
(Ord. 2010-27, passed 1-6-2010)
Onsite wastewater disposal systems shall be operated and maintained in accordance with the Regulations Governing Sewage Treatment and Disposal Systems in Wake County (Regulations) adopted by the Wake County Board of Human and Enviromnental Services and enforced by Wake County. Onsite systems shall be inspected, permitted, repaired and/or professionally operated in accordance with the Regulations and in a manner to prevent adverse impacts to surface water and groundwater. The Town of Zebulon and WCES shall collaborate on identification of areas of high risk for system failures and associated need for enviromnental surveys, system repairs and possible service by municipal utilities.
(Ord. 2010-27, passed 1-6-2010)
COMPLETION OF IMPROVEMENTS AND MAINTENANCE
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