NCS000427_Draft SWMP_20210831

RFrfrP!VF©
NPDES Phase 2 Permit Application AUG 31 2021
DENR•LAND QUALITY
STORMWATER PERMITTING
VII. NARRATIVE STORMWATER MANAGEMENT PROGRAM
Attach one copy of a narrative describing the stormwater management program. The report must
be presented in the following order.
1. Population and Estimated Growth Rate
2. Jurisdictional Area
3. Describe Stormwater Conveyance System
4. Estimated Land Use
5. Identify the Receiving Streams
6. Identify TMDLs (if applicable)
7. Identify impaired streams, likely sources, and existing programs that address the impairment
(if applicable)
8. List any existing water quality programs
9. Identify and describe any partnerships and/or inter-local agreements
10. Describe any state programs
11. Identify any other entity that the regulated public entity relies on to implement or manage its
stormwater program.
12. Identify points of contacts
13. Describe the public education and outreach program
14. Describe the public involvement and participation program.
15. Describe the Illicit Discharge Detection and Elimination Program.
16. Describe the post-construction stormwater program
Describe practices to inspect and maintain municipally-owned facilities
17. Describe practices to inspect and maintain structural stormwater control devices
18. Describe practices to reduce polluted stormwater runoff from municipally-owned streets,
roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop
inlets, and drainage structures.
19. Describe any training programs for municipal staff.
20. Describe spill response procedures for those at Municipally Owned and/or Operated Facilities
as well as those in the public right-of-way.

Stormwater Management Program Narrative
TABLE OF CONTENTS
1. STORM DRAIN SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. CO-PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education And Outreach On Storm Water Impacts
7.2. Public Involvement And Participation
7.3. Illicit Discharge Detection And Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post-Construction Storm Water Management In New Development And
Redevelopment
7.6. Pollution Prevention/Good Housekeeping For Municipal Operations
APPENDICES
A. Receiving Streams
B. BMPs and Measurable Goals
C. Stormwater Ordinances

1. Storm drain System Information
1.1. Population Served: The permanent population is approximately 166,268 per the Town
of Cary Planning Department. (Estimated Population 2019)
1.2. Growth Rate: The population growth rate for the service area calculated based on the
simple analysis of the relative change between the population in 2012 and 2016 stated
as a percent change, annualized by dividing the percent change by 5 yields a growth
rate of 2.4%. 2012 population was estimated at 141,132; 2016 population was
estimated at 155,918 and 166,268 2019.
1.3. Jurisdictional and MS4 Service Areas: The jurisdictional area is approximately 58
square miles. The service area is approximately 60.66 square miles within the Town
of Cary city limits and within the Extra Territorial Jurisdiction. There are approximately
594 miles of storm drain line per our GIS system.
1.4. MS4 Conveyance System: Stormwater is transmitted through a system of closed pipes
and open ditches to a network of natural streams and manmade lakes. High density
areas have curb and gutter with closed pipes that empty to streams or Stormwater
control measures via flared end section pipes. There are few direct pipes to streams.
Low density development is served by either curb & gutter or swales and yard inlets
which then carry stormwater via closed pipes to natural streams.
The maintenance of this stormwater infrastructure is divided into public and private
responsibilities. The publicly maintained system is along the road Right of Way(R/W).
The Town is responsible for keeping the catch basins along public roads and culverts
which carry streams under roads clear of debris so that runoff can flow freely.
Infrastructure on private property (generally further than 10 feet from the road)should
be maintained by the property owner. Drainage swales and stormwater outfalls should
be regularly maintained to remove any accumulated debris. Streams should also be
maintained by the homeowner, but in accordance with local, state, and federal rules.
Maintenance is performed by the Town's Department of Public Works on an as-needed
basis as problems are found usually due to flooding reports and/or citizen complaints.
The Town's Department of Water Resources is currently working on a condition
assessment program for the Town's stormwater infrastructure.
1.5. Land Use Composition Estimates:
LAND USE ACRES PERCENT
Residential 29048 63
Commercial 7128 15
Industrial 2652 6
Open Space 7363 16
1.6. Estimate Methodology: The land use figures are based on existing land use within the
Town's planning limits per our GIS system. Residential includes very low, low, medium
and high density residential land uses. Commercial includes office/institutional,
commercial and mixed uses. Industrial includes office/industrial and utilities, and open
space includes vacant properties, agriculture/forest, parks, and lake areas.
1.7. TMDL Identification:
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 1

Jordan Lake—Jordan Lake Rules are in effect. The Town of Cary is currently in Stage
1 phase for reductions from existing development. The buffer rule is currently under
review by the Town.
Swift Creek—TMDL was finalized and a Water Quality Recovery Plan was approved
by NCDEQ-DWR.
2. Receiving Streams
Seventy-five percent of the area drains to the Neuse River. The remaining twenty-five
percent enters the Cape Fear River through Jordan Lake. The most significant receiving
streams are listed in Table 1.
Table 1. Receiving Stream Overview
Water Quality
Receiving Stream Name River Basin Classification Water Quality Issues
Crabtree Creek Neuse C-NSW Urban stream
Walnut Creek Neuse C-NSW Urban stream
Swift Creek Neuse WS-III Biological impairment
Middle Creek Neuse C-NSW Urban steam
Panther Creek Cape Fear WS-IV Jordan Lake Rules
White Oak Creek Cape Fear WS-IV Jordan Lake Rules
See Appendix A for an expanded list of receiving streams.
3. Existing Water Quality Programs
3.1. Local Programs: The following are existing water quality programs that have been
implemented within the Town of Cary MS4 service area.
3.1.1. Water Supply Watershed Protection
There are two water supply watersheds in the Town of Cary jurisdiction, the Swift
Creek Watershed and the Jordan Lake Watershed. Development in these areas
requires additional protective measures because they drain to water supply
reservoirs which provide drinking water to Raleigh and Cary. The North Carolina
Water Supply Watershed Protection Rules adopted in 1992 required that all local
governments having land use jurisdiction within water supply watersheds adopt
and implement water supply watershed protection ordinances, maps, and a
management plan.The adopted plans allow development within these watersheds
provided that certain conditions are met.
The Town administers a locally delegated program for protecting the Jordan Lake
Watershed and administers requirements of the Swift Creek Land Management
Plan. There are specific requirements for both low and high density development
Town of Cary NPDES Phase II Stormwater Permit Narrative 2

projects. There is a 70% built-upon area cap for high density development in both
Swift Creek and Jordan Lake watersheds. Specific areas within the Swift Creek
watershed are subject to additional restrictions on built-upon area. Other
requirements for new development include stream buffer requirements and the
installation of Stormwater Control Measures(SCMs)for the control of stormwater
runoff(quality and quantity).
The Town of Cary accepts SCMs which are approved by the State for Total
Suspended Solids removal. The North Carolina Department of Environmental
Quality(DEQ), Division of Energy, Mineral and Land Resources(DEMLR)has
published the Minimum Design Criteria(MDC)that explains design requirements
for the different SCM devices that may be used for water quality protection.
These protective measures and the design calculations must be supplied during
the plan review process.
In an effort to ensure that the watershed protection devices will be maintained over
the life of the project, the Town of Cary requires that extensive documentation be
supplied and filed with Wake County Register of Deeds to ensure compliance.The
Town of Cary has a GIS database to track SCMs for compliance. The database
has a map of all post construction SCMs, inspection dates, owner information,
SCM information and compliance information. Annual inspections are required by
a qualified professional and all paperwork is maintained.
3.1.2. Sediment and Erosion Control
In 1985 the Town of Cary implemented a local sedimentation and erosion control
program. This program is modeled after the North Carolina Department of
Environment and Natural Resources sedimentation rules and regulations. The
Town of Cary's program is more restrictive in some cases. The Town of Cary's
Erosion Control Program ensures that developers in Cary's jurisdiction have
approved erosion control plans, obtain grading permits prior to any ground
disturbing activity and follow their approved erosion control plan. Periodic
inspection of construction sites ensure the projects are in compliance.
Erosion control plans must be supplied by the Financially Responsible Party of
any property that disturbs over 12,000 sq.ft. An erosion control plan consists of
erosion control measures sufficient to keep sediment on site. All items on the
erosion control check list must be addressed to have a complete erosion control
plan. The erosion control plan review is part of the regular plan review process.
Single family homes can disturb up to one acre without obtaining a grading
permit. However, an erosion control inspection is required prior to any other
inspection for single family homes and they are required to control erosion on
site.
The Town of Cary Sedimentation Erosion Control program has been recognized
by the North Carolina Sedimentation Control Commission as the annual
outstanding Erosion and Sedimentation Control Local Program.
Town of Cary NPDES Phase ll Stormwater Permit Narrative 3

3.1.3. Neuse River Nutrient Sensitive Waters-Urban Stormwater Program
The Town administers a locally delegated program for urban stormwater
management. The Town of Cary Storm water Management Program for Nitrogen
Control was adopted by the State of NC in October 2000. The local program
became effective in March 2001.The following summarizes the four program
areas required under the Neuse Stormwater Rule.
1. New Development Review/Approval
New development must meet the State's 30% total nitrogen (TN) reduction goal
by implementing planning considerations and stormwater best management
practices. The rule imposes a 3.6 pounds per acre per year(lb/ac/yr)nitrogen
loading limit on new development. In some cases, Nitrogen load from new
developments that exceeds this performance standard may be offset by payment
of a fee to the Division of Mitigation Services. In addition, new development must
control peak runoff from each site. And, 50 and 100 foot stream buffers must be
preserved.
2. Illicit Discharge Detection and Elimination (IDDE)
The Town will establish a program to prevent, identify and remove illicit
discharges. Illicit discharges are flows into the stormwater collection systems that
are not associated with stormwater runoff or an allowable discharge. Illicit
discharges enter the system through either direct connections(e.g., wastewater
piping either mistakenly or deliberately connected to the storm drains)or indirect
connections(e.g. broken sanitary systems, spills collected by drain outlets, or
paint or used oil dumped directly into a drain). The result is untreated discharges
that contribute high levels of pollutants, including heavy metals, toxics, oil and
grease, solvents, nutrients,viruses, and bacteria to receiving waterbodies.
Pollutant levels from these illicit discharges have been shown in EPA studies to
be high enough to significantly degrade receiving water quality and threaten
aquatic life,wildlife, and human health.
3. Retrofit Locations
Each year the Town of Cary must identify 4 potential sites for retrofitting existing
development to reduce total nitrogen loads. In urban areas, much of the
development took place prior to water quality rules requiring quantity or quality
controls for the reduction of stormwater impacts. Therefore, the Town of Cary will
conduct an annual review of potential sites for implementing SCMs to reduce
water quality impacts from developed areas.A list of potential sites will be
provided annually to the State. These will no longer be required by the State
when the new rules are approved and adopted by Cary.
4. Public Education
The Neuse Stormwater Rule requires the Town of Cary to develop an
environmental education program to address stormwater quality impacts
including nitrogen-loading issues. The public education action plan consists of
activities including local advertising, participation in a mass media campaign,
public workshops, brochures, participation in public events, and storm drain
labeling.
Town of Cary NPDES Phase II Stormwater Permit Narrative 4

3.1.4. Jordan Lake Nutrient Sensitive Waters— Storm water Program
In August 2009, the State of NC adopted the Jordan Lake Nutrient Management
Strategy for the Cape Fear River Basin. The State requires a stage 1 management
plan for exiting development (outreach and education, public participation, IDDE
program, retrofit program), a riparian buffer ordinance,a management plan for new
development (nitrogen and phosphorus reduction), rules for agriculture and
forestry.
3.1.5. Urban Transition Buffer Protection
On July 27,2000,the Cary Town Council approved an ordinance requiring riparian
buffers within the Town's jurisdiction and ETJ. The buffer rules were developed in
response to the Neuse River Basin NSW rules for nitrogen control and riparian
buffer protection. In 2012, the riparian buffer protection rules also included the
Jordan Lake watershed in response to the Jordan Lake NSW riparian buffer rules.
To protect its finite natural resources, Cary has a requirement to protect an
additional 50 feet beyond the state mandated riparian buffer rules for all channels
indicated on the USGS quadrangle. In 2008, the additional 50' of buffer protection
was modified and renamed an "Urban Transition Buffer' (UTB). Urban Transition
Buffers (UTBs or "buffers") provide a transition from waterbodies and
environmentally sensitive areas associated with waterbodies to areas which are
less fragile and appropriate for more intense uses and development. Some of the
benefits of UTBs are reducing the potential for increased nutrient loading by
limiting intense uses adjacent to waterbodies and environmentally sensitive areas
associated with waterbodies, minimizing danger to lives and properties from
flooding, preserving the water carrying capacity of the waterbodies, providing open
spaces, and maintaining the aesthetic qualities and appearance of the Town.
3.1.6. Floodplain Management
The Town of Cary has an adopted a floodplain management program since 1972
and is part of the National Floodplain Insurance Program (NFIP). The Town
requires sites to not encroach the floodplain and for subdivisions to not plat lots
within the floodplain. The Town also requires the lowest floor for a building be
elevated two feet above the base flood elevation.
3.1.7. Master Planning
Effective stormwater programs include a comprehensive planning process that
addresses water quality at the local level. Cary has begun incorporating
stormwater planning into its land use planning processes as needed to address
specific issues.
3.2. State Programs:
In July 1997, the State of NC adopted riparian buffer regulations for the Neuse River
Basin. The State requires 50 foot protected buffers on either side of streams as
indicated by the USGS or County Soil Survey map. The Town reviews site plans and
individual building permits for consistency with the State buffer rules. Any variance
from the State rules must be accomplished through negotiations between the applicant
Town of Cary NPDES Phase ll Storm water Permit Narrative 5

and the State. The Town administers the Riparian Buffer program in the Jordan Lake
Watershed.
4. Permitting Information.
4.1. Responsible Party Contact List:
Name TITLE Responsibility PHONE# FAX#
Jamie Revels Director of utilities Good Housekeeping 919-469-4303 919-469-4304
Matt Flynn, Director of Public Good Housekeeping/ 919-469-4093 919-469-4304
Interim Works Facility Management
Billy E. Lee Stormwater Administration/ 919-462-3932 919-460-4935
Engineering Contact Person
Manager
Charles Brown Stormwater Administration/
Program Analyst Regulatory Issues/ 919-469-4038 919-460-4935
Illicit Discharge/Post
Construction
Lisa Booze Environmental Plan Review(Pre and
Specialist Post Construction)/ 919-469-4030 919-460-4935
Erosion Control
/Floodplain
Administrator
Eric Kulz Environmental Permitting and
Specialist Riparian Buffer/UTB 919-469-3931 919-460-4935
Program/SCM O&M
Town owned
Open Stormwater Citizen Concerns, 919-380-2773 919-460-4935
Engineer Capital Projects
Jan Patterson Stormwater Citizen Concerns, 919-460-4930 919-460-4935
Engineer Capital Projects
Todd Hoefler Lead Stormwater Erosion Control 919-460-4934 919-460-4935
Engineering Inspections/SCM
Technician Compliance
Kirk Stafford Stormwater Erosion Control 919-462-3886 919-460-4935
Engineering Inspections/SCM
Technician Compliance
Jeff Hall Stormwater Erosion Control 919-380-2759 919-460-4935
Engineering Inspections/SCM
Technician Compliance
Betsie Winokur Facilities Division Good housekeeping 919-469-4361 919-469-4304
Manager Facilities
Town of Cary NPDES Phase II Stormwater Permit Narrative 6

4.2. Organizational Chart:
Sean Stegall
Danna Widmar Town Manager
Assistant Town Manager
Jamie Revels
Matt Flynn Utilities
Billy E Lee
Interim Public Director
Stormwater Works Director
Engineering
Manager
Matt Flynn
Stomata'Field Services Betsie Winkour
Supervisor
Open Positron Facilities Division
Stom water Engineer Manager
Charles Broom —
Stormwater Program Analyst
Ian Patterson
Stormwater Engineer •.T,my S.mcu�
Marie Cefalo
ater Resources Outrea.
Supervisor 1
Dennrs Staley
Lisa Booze
Ens Kulz _. Environmental Specialist
Environmental Specaiist
Brannon Powell
Brandon Pas inski
Todd Hoeller
Senior Strmwateo Engineenng
Technician
Kirk Stafford
Stormwater Engineenrg
Technican
J- Hall
--- Stormwater Engineering
Techniaan
Town of Cary NPDES Phase II Stormwater Permit Narrative 7

4.3. Signing Official:
Name: Sean Stegall
Position: Town Manager
Authority: Mr. Stegall is responsible for overseeing all departments within the
Town. Since success depends on actions from multiple departments
including Stormwater Division, Public Works, Utilities, Planning and
Parks, Recreation and Cultural Resources, it is imperative that final
authority come from a position overseeing all departments.
5. Co-Permitting Information - not applicable
6. Reliance on other government entity to satisfy one or more permit obligations - not
applicable
Town of Cary NPDES Phase II Stormwater Permit Narrative 8

7. Stormwater Management Program Plan
The Town of Cary will develop, implement, and enforce a stormwater management
program (SWMP) designed to reduce the discharge of pollutants from Cary to the
maximum extent practicable(MEP), to protect water quality, and to satisfy the appropriate
water quality requirements of the Clean Water Act. The SWMP will be updated to comply
with the issued NPDES stormwater permit.
7.1. Public Education and Outreach on Storm Water Impacts: The Town of Cary will
implement a public education program to distribute educational materials to the
community and/or conduct equivalent outreach activities about the impacts of
stormwater discharges on water bodies and the steps that the public can take to
reduce pollutants in stormwater runoff.
7.1.1. BMP Summary Table (see Appendix 8)
7.1.2. Target Audience:
The target audiences for the public education program include those entities
within Cary that may impact water quality conditions. Efforts will be made to
produce program ads and printed materials to accommodate the large Hispanic
population.
General Public: The general public has been targeted for educational program
based on potential impacts they can have on water quality conditions including
dumping oil and other wastes into storm drains, improper disposal of yard wastes
along creek banks, and improper application of pesticides and herbicides on
lawns. Also, other activities such as vehicle washing,failure to clean up pet
wastes and improper clean up from home improvement projects have been
targeted.
Commercial: Commercial facilities have been targeted for the educational
program based on potential impacts form improper handling and disposing of
wastes, making illicit connections to the storm drain system and practicing poor
housekeeping at their facilities. Some commercial facilities have a history of
water quality problems and will be specifically targeted through mailings,
brochures and presentations including:
Carpet Cleaning Companies—Targeted for illegal dumping of wastewater into
storm drains.
Restaurants—Targeted for improper handling of grease resulting in discharges
to storm drains.
Automotive Repair Facilities—Targeted for improper handling of used oil and
other waste automotive fluids resulting in discharges to storm drains.
Car Dealerships- Targeted for improper vehicle washing practices.
Lawn Care Companies—Targeted for improper application of fertilizers and
herbicides resulting in discharges to storm drains.
7.1.3. Target Pollutant Sources:
Public education will target residential, commercial and industrial property owners
since these together total 82% of land use in Cary. The remaining land use is
primarily undeveloped property. Increased runoff from new development is the
most serious source of stream impairment - impacts include pollutant and debris
transport, sediment transport, streambank erosion and localized flooding.
Town of Cary NPDES Phase II Stormwater Permit Narrative 9

7.1.4. Outreach Program:
The Town Public Education and Participation Program is a measure required
under the NPDES Phase II Program. The Town's outreach strategy is based on
established Town public information opportunities including the Town's web site,
quarterly tips in the Cary utility bill insert, "BUD". Additional outreach activities are
planned annually such as participation in Town festivals/events and conducting
workshops.
7.1.5. Decision Process:
The stormwater education program was developed in response to the Neuse River
Urban Stormwater Rules. The program will emphasize impacts of urban runoff,
prevention of illegal discharges, and management of stream corridors.
7.1.6. Evaluation:
EDUCATION/OUTREACH FOR COMMERCIAL ACTIVITIES
•The number of educational materials that were distributed to business owners
and operators.
EDUCATIONAL DISPLAYS, PAMPHLETS, BOOKLETS, AND 'BUD"
INSERTS
• List compiled of target audiences and possible activities for each.
•The number of materials distributed.
•The number of events attended with displays.
•The estimate of the number of people at an event who saw the display or took a
pamphlet/booklet.
PROMOTIONAL GIVEAWAYS
• The number of items given out.
•The number of events attended (to give out items).
•The number of block leaders who delivered items.
USING THE MEDIA
•The number of public service announcements made on radio and TV.
• The number of storm-water-related press releases.
•The number of storm-water-related articles published.
7.2. Public Involvement and Participation: Staff will make a presentation to the Town
Council and the general public summarizing the content of the permit. Public
comments will be accepted.
7.2.1. BMP Summary Table(see Appendix B)
7.2.2. Target Audience:
The target audience for the Public Involvement and Participation Program
includes all age, ethnic and economic groups in the Town of Cary. The Program
will actively involve all potentially effected stakeholder groups, including
commercial and industrial facilities, trade associations, environmental groups,
homeowners associations,civic groups and educational organizations.
Town of Cary NPDES Phase II Stormwater Permit Narrative 10

7.2.3. Participation Program:
EPA recommends that the public be included in developing, implementing, and
reviewing the stormwater management program,and that the public participation
process should make efforts to reach out and engage all economic and ethnic
groups. Cary provides activities for public participation in stormwater
management and opportunities for public involvement/review of the stormwater
program.
Activities/public participation
• Storm drain labeling
• Stream cleanup
• Adopt-A-Spot program
Involvement/public opinion
• Hold public hearings on stormwater issues including ordinance revisions
• Facilitate public meetings as needed on specific topics
• Survey citizens as needed for research and targeted for education program
• Environmental Advisory Board
7.2.4. Decision Process:
The core of the public involvement program already exists. Storm drain labeling
was begun in response to Neuse River Stormwater requirements. The Town
established its program prior to adopting its stormwater ordinance. The Adopt a
Spot program was established in order to get environmental information to the
citizens. This program was expanded to include stormwater information. The
Recycling Program already sponsors litter clean-up activities and will lead to future
litter control programs such as"Adopt a Spot".
Ordinances are always adopted through public form as part of the Town Council
meetings. Stormwater ordinances and management plans will go to Town
Council for review and approval and will be available for public review and
comment. Additional efforts to gather public input may include public meetings
and citizen surveys. The Town does not plan to establish a stormwater
stakeholders group. The Town has an Environmental Advisory Board formed in
2008 to discuss issues concerning stormwater and other environmental issues
needed.
7.2.5. Evaluation
COMMUNITY HOTLINES/REPORTING FORM
•A phone number has been posted on the website for people to contact
concerning stormwater issues. The Town has created a reporting form on the
website for people to report stormwater issues.
• The number of calls/reports received.
• The number of problems/incidents remedied.
LITTER PROGRAMS
• Establish litter program (Big Sweep)
• Track the number of participants.
• The quantity of trash and debris removed by volunteers.
Town of Cary NPDES Phase II Stormwater Permit Narrative 11

PUBLIC MEETINGS
•The number of meetings held.
•The number of attendees.
•Actions taken as a result of stakeholder meetings.
STORM DRAIN LABELING
• The number or proportion of drains labeled.
•The number of labeling volunteers.
STREAM CLEANUP
•The number of stream cleanups.
•The number of cleanup participants.
•The quantity of waste collected as a result of cleanup efforts.
•The number of stream miles cleaned.
7.3. Illicit Discharge Detection and Elimination: The Town of Cary has developed and
implemented a program to detect and eliminate illicit discharges
7.3.1. BMP Summary Table(see Appendix B)
7.3.2. Storm Drain System Map:
The Town initiated a stormwater infrastructure inventory in 2002 to comply with
the Neuse River Stormwater Rules. The field crews will visit all stormwater
structures, collect data describing each structure and determine the x,y, z
coordinates to survey grade. The Town has finished the inventory and adds
additional infrastructure when as-builts are submitted. We require them to be
survey grade to ensure they are placed into the system through our CAD techs.
7.3.3. Regulatory Mechanism
In March 2001, the Town of Cary's Illicit Discharge Ordinance became effective.
This ordinance provides the Town with the basic legal tools to conduct
investigations, determine sources of illicit discharges and enforce the termination
of illicit discharges up to, and including,fines. This ordinance was developed to
comply with the Neuse River Stormwater Rules.
7.3.4. Enforcement
Town staff will be cross-trained to recognize and report illegal discharges. Staff to
be trained includes code enforcement officers, inspectors and police&fire
personnel.
7.3.5. Detection and Elimination
7.3.5.1. Locating Problem Areas
Illegal discharges and illicit connections to the Town's separate storm drain
system will be identified using the following techniques:
• Town employees will be trained to observe and report possible illegal
discharges. Training of Water Resources, Public Works, Utilities, Building &
Inspection Services to also be observant for illicit connections during their
daily job functions will be conducted annually.
Town of Cary NPDES Phase ll Stormwater Permit Narrative 12

• Dry weather field screening of outfalls will be conducted annually. Dry
weather is defined as periods where there has not been precipitation or snow
melt for 2 days. The location screened will be located on the community map
of the storm drain system.
• Outfalls potentially discharging polluting material during dry weather periods
will be tested based on visual observations in the stream for odor, color,
clarity, etc. Field screening tests will also indicate a problem if issues are not
noted by visual observations. Field screen tests are for pH, dissolved
oxygen, temperature and conductivity.
• The complaint system will be enhanced in cooperation with the existing
efforts to encourage reporting of suspicious discharges. Cary will enhance
the complaint system to log complaints, assign them for follow up and
document results of investigations. Cary has a 311-call system that we can
use to track stormwater concerns and close out of issues. Using salesforce
to create and track concerns.
7.3.5.2. Finding the Source
• Prioritization of sources that are discharging polluting material will be as
follows:
• Complaints related to the discharge of polluting materials will be investigated
as they are reported. Currently, calls relating to discharging of improper
materials into the separate storm drain system are reported to the
Stormwater Division or to the Utilities Department and then forwarded to
Stormwater Division. The complaints are investigated.
• Water sampling and testing for pH, DO and conductivity will be conducted as
necessary to locate the source of the illicit discharge.
• Investigation of suspicious discharges will be made by visual inspection
and/or testing of discharges within the storm drainage system upstream of
the suspicious discharge. Other options that will be considered in locating
illicit connections or discharges include televising the storm drain or dye
testing premises in the area where there is a discharge, Letters may be sent
to residents and businesses alerting them to the problem that is under
investigation to solicit their assistance in finding the source.
7.3.5.3. Removing/Correcting Illicit Connections
• The Town of Cary has developed a map identifying outfalls to waters of the
state under Cary jurisdiction
• Existing ordinances will be used to address illicit discharges and
connections. Assistance may be requested from the Wake County
Department of Environmental Health or the NC Division of Water Resources
to obtain correction. If an ordinance change is needed to correct illicit
discharges,the changes will be presented to the Town Council after it is
determined that existing ordinances are inadequate to require correction.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 13

• The Town of Cary Stormwater Division will manage the Illicit Discharge
Detection & Elimination Program. Cary's Stormwater Engineering Manager
or his designee will be responsible for implementing the plan.
7.3.6. Non Stormwater Discharges
The following categories of non-stormwater discharges or flows (i.e., illicit
discharges)will be examined.
a) Water line flushing, dechlorinated swimming pool discharges, and street wash
water will be investigated and efforts made to reduce their impact on surface
water quality.
b) Discharges from potable water sources, irrigation water, lawn watering, and
individual residential car washing will be managed via the public education
program and monitored by the water conservation program.
c) Air conditioning condensation will be investigated on a case by case basis.
7.3.7. General Prevention
• The Town of Cary inspects installation of all new storm drains in the R/W and
sanitary sewers.
• All activities will be tracked on the Town of Cary's Geographical Information
System(GIS).
7.3.8. Decision Process
The stormwater Illicit Discharge Detection and Elimination Program was
developed in response to the Neuse River Urban Stormwater Rules. The program
will emphasize prevention of illegal discharges through regulation and education.
The ordinance will be enforced as needed but the emphasis when a discharge is
found will be education and elimination of the discharge. Limited field screening
will take place in targeted areas. Approximately 21 percent of the Town is
commercial / industrial so field screening will target those areas mainly. The
inventory will provide the first inspection. Efforts will be made at cross training
Town staff in recognition of illegal discharges so that Stormwater staff can focus
on follow-up.
7.3.9. Evaluation
Dry Weather Screening and Reporting
• A summary report of complaints received, investigated and the results of the
investigation will be prepared.
• Suspicious outfalls that had a dry weather flow during visual screening will be
tested for suspected pollutants.
• A summary report of premises found to be improperly connected to the storm
drain or sanitary sewer will be prepared.
• A list of outfalls screened will be prepared.
Town of Cary NPDES Phase ll Stormwater Permit Narrative 14

7.4. Construction Site Stormwater Runoff Control: The Town of Cary currently manages
a program to reduce pollutants in stormwater runoff from construction activities that
result in a land disturbance of greater than or equal to 12,000 square feet. The Town
complies with the State Erosion and Sediment Control Program for a locally
delegated program.
7.4.1. Erosion Control Ordinance
The Town of Cary operates a local sedimentation program that is regulated by
the State of North Carolina under the State Sedimentation Erosion Control Rules
and Laws. A copy of our ordinance is attached.
7.4.2. Plan Review
All projects that disturb 12,000 square feet or more require an erosion control
plan and grading permit. This review is part of the overall Town of Cary
Site/Subdivision plan submittal process. The review will include water quality
reviews for total suspended solids in drinking water supply watersheds and
nutrient removal review in the town's jurisdiction. Before a grading permit is
issued on a project in the Town of Cary jurisdiction a pre-construction meeting is
held to review erosion control and water quality issues.
7.4.3. Enforcement
The Town of Cary follows the State of North Carolina rules for enforcement
relative to the Sedimentation Erosion Control laws. Fines of up to $5,000 per day
can and are imposed if compliance is not achieved. The Town of Cary also uses
other methods such as holding permits and certificates of Occupancies to ensure
compliance with water quality issues.
7.4.4. Inspections
Each Stormwater Engineering Technician is responsible for all the projects
located in their area of responsibility. The technician prioritizes projects
depending on the phase of construction, history of the site and project
complexity. The Stormwater Engineering Technician makes observations of the
site and writes a report noting corrections required to bring the site into
compliance. A reasonable amount of time is allowed to correct violations. If
compliance is not achieved the project will be placed under violation until
corrections are made.
7.4.5. Public Information
Any public complaints received for a specific project are investigated and
addressed relative to the complaint.
7.4.6. Decision Process:
Construction site stormwater runoff control plans are submitted and designed by
professional engineers based on the Land Development Ordinance and
Standards and Specifications of the Town of Cary. If insufficient or incorrect data
is submitted then comments are returned to the applicant and corrections are
made. This process continues until an acceptable plan is developed and at that
point a grading permit can be issued.
Town of Cary NPDES Phase II Stormwater Permit Narrative 15

7.4.7. Evaluation
Monthly reports are submitted to Wake County and the NC Division of Land
Quality. The monthly report to Wake County summarizes new permits issued by
the Town.
The following items are reported monthly to the State,
1. Number of new sedimentation control projects
2. Number of plans reviewed
3. Number of permits issued
4. Number of site inspections conducted
5. Number of Single Family Residence inspections
6. Number of Notices of Violation issued
7. Number of Cases referred for enforcement
8. Total Disturbed Area
A summary report is also maintained within the Water Resources Department.
7.5. Post-Construction Stormwater Management in New Development and
Redevelopment: The current program was developed to comply with the State's
Watershed Water Supply Protection requirements, Neuse NSW requirements for
urban stormwater, NPDES Phase 2 permit and the Jordan Lake NSW requirements
for stormwater. The current program addresses stormwater runoff from new
development and redevelopment projects that disturb greater than or equal to 12,000
square feet. All subject projects must control peak flow and meet designated
nitrogen and/or phosphorus targets. The current stormwater ordinances are included
in Appendix C.
The Town of Cary shall amend its stormwater ordinances as needed to meet the
requirements of the State's Phase II rules for post-construction. And,the Town will
partner with the State as needed to develop and implement area specific watershed
plans which may have alternate strategies for preventing or minimizing water quality
impacts using structural and non-structural SCMs.
The ordinances meet the following requirements:
Low density option
1) Less than 24% built-upon area Jordan Lake and other watersheds and 12%
within certain areas of the Swift Creek Watershed.
2) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable:
High density option
Projects exceeding the low density threshold (established above in low density
section)shall implement stormwater control measures that:
1) Control and treat the difference in stormwater runoff volume leaving the project
site between the pre and post development conditions for the 1 year 24 hour
storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not
more than 120 hours;
2) All structural stormwater treatment systems used to meet the requirements of
the program shall be designed to meet MDC requirements.
Town of Cary NPDES Phase ll Stormwater Permit Narrative 16

3) General Engineering Design Criteria for all projects shall be in accordance with
the State of NC MDC and state rules;
Urban Transition Buffers
The Town's local buffer ordinance adds an additional buffer on top of the riparian
buffer that the State of NC regulates in the Neuse and Cary regulates in the Jordan
Lake.
7.5.1. BMP Operations and Maintenance
The Town's program includes an operation and maintenance component that
ensures the adequate long-term operation of the structural SCM's required by the
program. These SCMs are privately owned and operated. The Town requires an
annual SCM maintenance inspection report on each structural SCM. Staff
corresponds with the SCM owners to facilitate the inspection and maintenance or
corrective actions.
7.5.2. On-Site Wastewater Systems
The Town of Cary does not evaluate permit applications or inspect installation of
on-site wastewater disposal systems(OSWW), also referred to as septic
systems. These functions are conducted by the Wake County Environmental
Health Department or, in the case of large discharges NC Department of
Environmental Health. The Town will coordinate its illegal discharges from
OSWW with the Wake County EHD to assist in mitigating problems with seeping
OSDS. In the past, the Town has had a history of extending sanitary sewers to
service areas of failing OSDS when funds are available. The Town does not
encourage the use of OSDS for new development and requires the project
proponent to be responsible for such infrastructure improvements.
Sanitary sewer systems operated by The Town of Cary are designed to service
the lowest floor levels (basements) of buildings in the community. Sanitary
sewers are required to be 18 inches below storm drains thus minimizing the
potential for an illicit connection emanating from a separate sanitary sewer.
OSWW found to be experiencing problems or failing will be referred to the Wake
County Environmental Health Department. If sanitary sewers are not available,
short and long term solutions for sewage disposal must then be devised.
• If overflows of sanitary sewer manholes or cross connections to a storm drain
are detected, they will be addressed as part of the Town's sewer
maintenance program. If an immediate solution is not practical, a plan will be
developed to solve the problem.
• For additions to existing facilities which have existing OSWW, Cary will
require an evaluation of the septic system by the Wake County EHD. This
will be required prior to the Town signing off for the building permit.
7.5.3. Nutrient Sensitive Waters
The Town of Cary service area drains to Nutrient Sensitive waters in both the
Neuse and Cape Fear River Basins. A Department approved NSW Urban
Stormwater Management Program became effective in March 2001 and its
provisions shall fulfill the requirement for reducing nutrient loading.
Town of Cary NPDES Phase II Storm water Permit Narrative 17

The Town developed and implemented comprehensive watershed protection
plans to meet part, or all, of the requirements for Post-Construction Stormwater
Management in New Development.
7.5.4. BMP Summary Table(see Appendix B)
SCM INSPECTION AND MAINTENANCE
•The frequency of inspection and maintenance of SCMs.
•The number of failed stormwater SCMs.
•The number of sites reported to be in need of repair.
• Inventory of inspection and maintenance activities was created and is regularly
maintained.
7.5.5. Non-Structural SCMs
The Town of Cary directs growth to identified areas, protects sensitive areas such
as wetlands and riparian areas, maintains and/or increases open space provides
buffers along sensitive water bodies, and minimizes disturbance of soils and
vegetation through adopted land use plans and by policy or ordinance.
a) Land Use Plans- Growth is directed to specific areas through land use plans
that are developed with public input and adopted by the Town Council. These
plans provide guidance for the development community.
b) Local riparian buffer ordinance
c) Urban Transition Buffer
d) Streetscape buffer requirements
e) Open space program with dedicated funding from utility billing
f) Greenway program
g) Tree preservation ordinance
h) Minimize soil and vegetation loses-In addition to the erosion control program,
the Town developed a steep slope ordinance.
7.5.5.1. Policies or ordinances that encourage infill development in higher
density urban areas, and areas with existing storm drain infrastructure;
(I) Town Center Area Plan to encourage infill development downtown
(II) Land use plans to concentrate high density growth
(III) Master planning
7.5.5.2. Education programs for developers and the public about project designs
that minimize water quality impacts
(I) Contractor training for grading contractors
(II) Workshops as needed to train engineers and architects on new
ordinances
7.5.5.3. Other measures such as minimization of the percentage of impervious
area after development,use of measures to minimize directly connected
impervious areas,and source control measures often thought of as good
housekeeping, preventive maintenance and spill prevention.
(I) Will be addressed through specific area plans
Town of Cary NPDES Phase ll Stormwater Permit Narrative 18

7.5.6. Structural SCMs
The Town allows the use of structural SCMs as approved by the State of NC
MDC.
a) Wet ponds and extended-detention outlet structures are approved structural
SCMs for stormwater use
b) Filtration practices such as grassed swales, bioretention cells, sand filters
and filter strips are approved structural SCMs for stormwater treatment
7.5.7. Regulatory Mechanism:
Post-construction runoff is addressed through a local ordinance
7.5.8. Operation and Maintenance
Long-term operation and maintenance(O&M)of on-site SCMs is ensured through
legal documentation filed with the Wake County Register of Deeds and through
financial bonds which must be posted to the Town for each project.
7.5.9. Decision Process
The development of a post-construction stormwater management program was
done in response to State regulations for Water Supply Watershed Protection and
the NSW rules for protection of the Neuse River. Your rationale statement must
address your overall post-construction stormwater management program and the
individual SCMs, measurable goals, and responsible persons for your program.
The rational statement must include the following information, at a minimum:
7.5.9.1. Your program to address stormwater runoff from new development and
redevelopment projects. Include in this description any specific priority
areas for this program.
7.5.9.2. How your program will be specifically tailored for your local community,
minimize water quality impacts, and attempt to maintain pre-
development runoff conditions.
7.5.10. Evaluation
A spreadsheet is maintained for each project which includes pre-and post-loading
conditions. An annual report is submitted to the Division of Water Quality each
year summarizing new development including nitrogen loading.
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations: The Town of
Cary will develop and implement an operations and maintenance program that
includes a training component and has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations including the Town-owned or operated
portion of the stormwater conveyance system.
Using training materials that are available from EPA, State, Tribe, or other
organizations, the Town will train employees to prevent and reduce stormwater
pollution from activities such as park and open space maintenance, fleet and building
maintenance, new construction and land disturbances, and stormwater system
maintenance.
Town of Cary NPDES Phase II Stormwater Permit Narrative 19

7.6.1. BMP Summary Table (see Appendix B)
7.6.2. Affected Operations
The following municipal facilities and operations are impacted by this operation
and maintenance program. These programs will be evaluated and revised to
ensure that the programs minimize pollutant loading. Facilities will be inspected to
identify and eliminate exposure to stormwater. Corrective actions will be taken or
BMPs installed as needed.
Programs
• park and open space maintenance(PW)
• buildings and grounds maintenance(PW)
• fleet maintenance(PW)
• stormwater system maintenance(PW)
• sanitary sewer and water line maintenance procedures(UT)
• solid waste collection procedures(PW)
• street cleaning(PW)
• yard waste and leaf collection procedures(PW)
• new construction and land disturbances(Stormwater Division)
• road construction and maintenance practices(PW)
Facilities
• North Cary Water Reclamation Facility-Permit#NC0048879
• South Cary Water Reclamation Facility- Permit# NC0065102
• Western Wake Water Reclamation Facility— Permit#NC0088846
• Fleet Maintenance Facility
• Dixon Citizen Convenience Center
• Bond Park
• USA Baseball Complex
• State Capital Soccer(Wake Med)
• Operations Center
• Middle Creek
7.6.3. Training
Employee training programs will be developed for preventing and reducing
stormwater pollution from activities including:
• park and open space maintenance(PW)
• fleet and building maintenance(PW)
• stormwater system maintenance(PW)
• sanitary sewer and water line maintenance procedures(UT)
• solid waste collection procedures(PW)
• street cleaning(PW)
• yard waste and leaf collection procedures(PW)
• new construction and land disturbances(Stormwater Division)
• road construction and maintenance practices(PW)
Town of Cary NPDES Phase II Stormwater Permit Narrative 20

7.6.4. Maintenance and Inspections
Maintenance of stormwater structures within the road right of way (R/W) is
conducted as needed by the Town's Department of Public Works. Problems are
found usually due to flooding problems and/or citizen complaints.
The Town is developing a condition assessment program for stormwater,
wastewater and drinking water structures within the R/W.
7.6.5. Vehicular Operations
The Town has a non-exposure permit at this facility with the intent of
implementing controls for reducing or eliminating the discharge of pollutants from
municipal parking lots, maintenance and storage yards, waste transfer stations,
fleet or maintenance shops with outdoor storage areas, and salt/sand storage
locations and snow disposal areas as needed. Currently, stormwater is caught
and filtered through drain guards and directed into a detention pond and
constructed wetland at the Town's fleet and maintenance shops.
Waste Disposal
MS4 Conveyance System
Maintenance of stormwater structures within the road R/W is conducted as
needed. Inlets and outlets are cleared to ensure free flowing conditions. Blocked
catch basins, pipes and other man-made structures within the R/W are cleaned
with jet-vac equipment or by hand. Floatables are collected and removed to landfill.
Other material is off loaded at a drop off site and drained to a settling basin. Once
dried, material is disposed of according to State and Federal regulations.
Operations Center
All stormwater flows to a retention pond or constructed wetland at the Operations
Center on James Jackson Avenue. Monthly vegetation is mowed and floatables
collected and removed to landfill. The ponds are inspected on an annual basis by
a third party.
Recycling Material Transfer Yard
Litter and trash are picked up and yard maintained by attendant.
Bond Park Maintenance Facility
Litter is collected on a weekly basis and disposed of in the landfill.
Street Sweepers
Town of Cary NPDES Phase II Stormwater Permit Narrative 21

Residential streets are cleaned four times per year, major streets are cleaned
monthly. Downtown streets are cleaned weekly. Collected material is off loaded at
a drop-off area connected to a settling basin. Once dried, material is disposed of
according to State and Federal regulations.
7.6.6. Flood Management Projects
Lakes used for flood control in the Crabtree Creek Watershed are managed by
Wake County. The Town of Cary has Policy 35 & 146 which offer assistance to
private property owners with flooding issues. Policy 35 is a cost share program for
homeowners and Policy 146 assists with flooding issues from town maintained
storm drain structures.
7.6.7. Existing ordinances
Stormwater ordinances are reviewed and revised as needed. Currently, we are
making revisions twice per year as the program develops and situations arise.
Relevant ordinances include,
• 3.12 Development in Flood Hazard Area
• 3.13 Grading Permits
• 4.4.6 Watershed Protection
• 7.2.14 Urban Transition Buffer
• 7.3 Stormwater Management
• 7.4 Soil Erosion and Sedimentation Control
• 7.5 Flood Damage Prevention
• 8.1.4 Subdivision&Site Plan GP Storm Drainage
• 11 Enforcement
7.6.8. Other evaluations
If other aspects of your municipal operation were evaluated, please describe the
program feature and the results of the evaluation.
• Oil recycling program
• Spill response procedures
• Hazardous waste inventory
Cary collects and has oil recycling done by a contractor. Spill response plans
were designed and in place for municipal operations.
Town of Cary NPDES Phase II Stormwater Permit Narrative 22

7.6.9. Decision Process
The development of a pollution prevention/good housekeeping program for
municipal operations is required to minimize pollutant loading from Town
operations or facilities. By training staff and evaluating programs and facilities
annually, Cary can minimize pollutant loading to the maximum extent practical.
7.6.10. Evaluation
FLEET MAINTENANCE
• The number of employees trained in preventing pollution from fleet
maintenance activities.
MATERIALS MANAGEMENT
• The number of facilities storing hazardous materials.
• The frequency of inspection and maintenance visits to storage facilities.
• The number of personnel trained in hazardous material handling and storage.
•Whether or not an inventory of hazardous materials was created for each
storage facility.
PARKING LOT AND STREET CLEANING
• Whether or not roads and parking lots were inventoried and prioritized for
cleaning.
• The number of scheduled road cleanings.
• The pounds of debris collected from street sweeping.
ROAD SALT APPLICATION AND STORAGE
• The number of storage facilities included in a regular inspection and
maintenance program.
• The number storage facilities repaired.
• The number of employees trained in road salt application.
• The quantity of salt applied to roadways.
• The quantity of alternative products used.
SPILL RESPONSE AND PREVENTION
• Whether or not an inventory of municipal facilities at risk for spills was created.
• The number of leak detection devices installed at municipal facilities.
• The number of preventative maintenance procedures performed on tanks,
valves, pumps, pipes, and other equipment.
• Whether or not a spill response plan was developed for municipal facilities.
• The number of personnel trained in spill response.
• The number of regularly inspected high-risk facilities.
STORM DRAIN SYSTEM CLEANING
• The number of catch basins &culverts cleaned annually
• The amount of trash, sediment, and other pollutants removed during cleaning.
USED OIL RECYCLING
• The number of gallons of used oil collected from municipal operations.
• The number of recycling facilities that collect oil from municipal operations.
•The number of educational materials distributed to municipal employees.
VEHICLE WASHING
• The number and locations of designated washing areas.
Town of Cary NPDES Phase ll Stormwater Permit Narrative 23

APPENDIX B: BMPs and Measurable Goals
1. BMP's and Measurable Goals for Public Education and Outreach
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Develop an multiyear Prepare multiyear communications plan. Include in Plan X X X X X Water Resources
communications plan the BMPs, schedule, targeted audiences, messages, Outreach Supervisor
strategies, activities, and measurable goals. /Stormwater Program
Summarize plan and implementation progress in each Analyst
annual report.
2 Informational Website Maintain a stormwater information page for the Town's X X X X X Water Resources
existing internet website. Post brochures and provide Outreach Supervisor
information on water quality, stormwater pollutants and /Stormwater Program
ways to minimize them, municipal stormwater projects Analyst
and activities. Also provide contacts for reporting and
questions.
3 Information for homeowners Develop a stormwater information tip for placement X X X X X Water Resources
each quarter in the Town's utility bill publication "BUD". Outreach Supervisor
Tips will target a specific stormwater problem and how /Stormwater Program
citizens can reduce their impacts. Analyst
4 Mass media campaign Work with TJCOG (CWEP)to develop mass media X X X X X Water Resources
campaign messages for use on regional TV stations, Outreach Supervisor
local government cable channel, and regional radio.
Target message about the importance of clean water
and how stormwater gets dirty. Give tips on reducing
pollution. Identify target audience and track the number
of time shown; report annually.
5 Block Leader program Distribute brochures and other information pieces to X X X X X Water Resources
citizens via their block leaders. Include information on Outreach Supervisor
steps to reduce pollution sources including proper
disposal of used oil and toxic materials, public reporting
of illicit discharges and awareness of nutrient and fecal
coliform issues.
6 Special Events Participate in at least 2 local festivals annually by X X X X X Stormwater Program
staffing a booth and report annually on event and Analyst
messages provided. Provide messages on the
importance of clean water and on specific activities that
can be carried out to help keep stormwater clean.
Events may include but are not necessarily limited to
the Town's annual Lazy Days and Spring Days(Earth
Day)celebrations.
7 Business Outreach Program Develop and conduct an educational campaign to X X X X X Water Resources
inform businesses on illicit discharges, reporting, Outreach Supervisor
improper waste disposal, sources of nutrient and fecal
Town of Cary NPDES Phase II Permit Application 1

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
coliform loading and actions they can take to minimize /Stormwater Program
them. Analyst
Town of Cary NPDES Phase II Permit Application 2

APPENDIX B: BMPs and Measurable Goals
2. Public Involvement Program BMP Summary Table
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Storm drain labeling Label areas of the Town each year, measured in square X X X X X Stormwater Program
miles of community.Assign volunteers to area selected Analyst
and have leader complete summary report on sections
finished. Report annually on amount of community
completed.
2 Communications"hotline" Manage a database of calls received, including date, X X X X X Stormwater Program
time, person calling, contact information,disposition of Analyst
call. Report annually on number of calls received, topics
covered and a summary of the disposition of the calls.
3 Town Council's Environmental Meet at least once a year with the Town's standing X X X X X Water Resources
Advisory Board board. Focus committee on targeted pollution Outreach Supervisor
programs of concern. Report annually on number of /Stormwater Program
meetings and subjects covered. Analyst
4 "Adopt a Spot"program Work with the Town's existing Spruce program to X X X X X Stormwater Program
incorporate streams into the Adopt a Spot program. Analyst/Volunteer
Track volunteers,groups by name, project, activities Coordinator Parks and
completed, contact information, and have group Recreation and Cultural
prepare a summary report of activities each year. Resources
Report on program, providing amount of miles cleaned,
pounds of debris removed, and frequency of activities in
annual report.
Town of Cary NPDES Phase II Permit Application 3

APPENDIX B: BMPs and Measurable Goals
3. Illicit Discharge Detection and Elimination BMP Summary Table
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Legal Authority Amend when needed existing ordinance on illicit X X X X X Stormwater Program
detection, right of entry, prohibition of certain Analyst
discharges,enforcement actions and penalties for
dumping,spills, and willful illicit connections.
2 Stormwater Infrastructure The Town currently has a GIS layer of storm drain pipes X X X X X Stormwater Program
Inventory and inlets. The map will note outfalls and receiving body Analyst
of water for each outfall.Additions are added by CAD in
house as development occurs.We require survey grade
information for the storm drain system.
3 Database tracking system Develop a database tracking system for tracking citizen X X X X X Stormwater Program
complaints and requests. All complaints will be logged Analyst
including information on follow-up and geographical
location of illegal discharge or spill.
4 Screening of outfalls Inspect outfalls annually during dry weather conditions X X X X X Stormwater Program
(i.e., hasn't'rained in 48 hours)and test flows found at Analyst
discharge points. Create database of outfalls,
inspection date, screening tests conducted,findings
and follow up procedures. Report on number and
actions taken in each annual report.
5 Direct Mail Create and distribute letters targeting business owners. X X X Stormwater Program
The letter shall inform business owners of the illegal Analyst
discharge ordinance and inform them of potential
inspection.At a minimum letters shall target
landscapers, painting companies,carpet cleaners,
automotive businesses and restaurants.
6 Inspection/Training Program Town staff will be cross-trained to recognize and report X X X X X Stormwater Program
illegal discharges. Staff to be trained include code Analyst
enforcement officers, inspectors, and public works and
utility personnel
7 Fact Sheets Develop fact sheets on illicit connections and spill X X X X X Stormwater Program
management. Provide to staff who are in contact with Analyst
sources(pretreatment group). Prepare fact sheets for
commercial property managers, restaurant
owner/operators,and automotive businesses. Make
available to general public via the Town's Web site.
9 Evaluate on-site wastewater Implement a program that will require evaluation of X X X X X Stormwater Program
system policies and procedures septic systems by the Wake County EHD,or a Analyst
contractor certified by Wake County. For additions with
existing OSWW, require an evaluation of the septic
Town of Cary NPDES Phase II Permit Application 4

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
system by the Wake County EHD prior to the Town
signing off for the building permit.
Town of Cary NPDES Phase 11 Permit Application 5

APPENDIX B: BMPs and Measurable Goals
4. Construction Site Program BMP Summary Table
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Legal Authority Review/amend existing erosion control ordinance as X X X X X Stormwater Field
needed to improve sediment and erosion control Services Administrator
program and comply with Neuse Rules and Phase II
requirements.
2 Plan review Reviews site plans for all new development with X X X X X Stormwater Field
disturbed area greater than 12,000 square feet. All site Services
plans are reviewed to ensure compliance with Administrator/Environme
sedimentation and soil erosion, storm water, and flood ntal Specialist
plain management ordinances and state laws. Reviews
storm drainage systems to ensure they meet the design
and Town criteria.
3 Pre-construction Meetings Meet with site development personnel to review plans X X X X X Stormwater Field
and implementation schedules for each development Services Administrator/
project. Review plan revisions as needed. Stormwater Engineering
Technicians
4 Inspection Program Inspect all construction sites greater than 12,000 X X X X X Stormwater Field
square feet of disturbed area to ensure that grading and Services Administrator/
construction operations comply with the erosion control Stormwater Engineering
and sedimentation control ordinance. Make on-site Technicians
visits to construction sites during the construction
process to ensure proper measures for compliance;
check grade, soil barriers, tree protection fence,
impoundment structures, and other features.Verify that
the erosion control measures on the approved plan are
properly installed and function as designed. Inspect all
single family residences for Silt Fence and Residential
Construction Entrance(S-100)prior to footing
inspection.
6 Local program meetings Attend local program meetings to stay abreast of State X X X X X Stormwater Field
regulations and share information with other locally Services Administrator
delegated sediment&erosion programs in the region.
7 Town projects Observe Town Projects upon request to ensure X X X X X Stormwater Field
compliance with state approved erosion control plan. Services Administrator
8 Contractor Education Provide one training event each year. Document X X X X X Stormwater Field
training program for site operators providing numbers of Services Administrator
training events held and number of site operators
trained each year.
9 Coordination of NPDES permitted Provide contractors with NPDES permit requirements X X X X X Stormwater Field
sites with construction sites greater than 1 acre of Services Administrator/
disturbance.
Town of Cary NPDES Phase II Permit Application 6

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
Stormwater Engineering
Technicians
10 Standard specifications for BMPs Revise/amend standard specifications for sediment X X X X X Stormwater Field
and erosion control BMPs as needed Services Administrator/
Stormwater Program
Analyst
•
Town of Cary NPDES Phase 11 Permit Application 7

•
APPENDIX B: BMPs and Measurable Goals
5. Post Construction Runoff Control Program BMP Summary Table
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Legal Authority Review/amend existing stormwater ordinances for new X X X X X Stormwater Field
development as needed to comply with Neuse Rules, Services Administrator/
Jordan Lake Rules, Watershed Protection and Phase II Stormwater Program
requirements Analyst
2 Plan review Reviews site plans for all new development with X X X X X Stormwater Field
disturbed area greater than 12,000 square feet.All site Services
plans are reviewed to ensure compliance with Neuse Administrator/Environme
stormwater rules, Jordan Lake rules, watershed water ntal Specialist
supply regulations, NPDES Phase II requirements and
small area plan stormwater requirements as applicable.
Review all water quality and quantity BMP designs to
ensure they are effective.
3 BMP documentation Ensure that BMP documentation requirements are X X X X X Stormwater Engineering
provided to contractors and owners during the Technicians
preconstruction meetings and are met prior to final
occupancy.
4 Inspection Program Inspect all construction sites greater than 12,000 X X X X X Stormwater Field
square feet of disturbed area verify that the Stormwater Services Administrator/
Control Measures (SCMs)for water quality and quantity Stormwater Engineering
control on the approved plan are properly installed and Technicians
function as designed.
5 Database tracking system Track each project by spreadsheet. Data tracked X X X X X Stormwater Field
includes project area, nitrogen loading, buy down Services
payments in the Neuse Basin. Administrator/Environme
ntal Specialist
6 SCM Inspections Conduct annual inspection of Stormwater SCMs to X X X X X Stormwater Program
ensure proper operations &maintenance. Correspond Analyst
with responsible party to request corrective actions.
7 Local program meetings Attend local program meetings to stay abreast of State X X X X X Stormwater Field
regulations and share information with other locally Services Administrator/
delegated stormwater programs in the region. Stormwater Program
Analyst
Town of Cary NPDES Phase II Permit Application 8

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
8 Town projects Inspect Town Projects upon request to ensure X X X X X Stormwater Program
compliance with stormwater regulations. , Analyst
9 Standard specifications for SCMs Revise/amend standard specifications for stormwater Stormwater Field
SCMs as needed Services Administrator/
Stormwater Program
Analyst
Town of Cary NPDES Phase II Permit Application 9

APPENDIX B: BMPs and Measurable Goals
6. Good Housekeeping and Pollution Prevention BMP Summary Table
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
1 Environmental Audit Perform environmental audits at priority sites annually. X X X X X Stormwater Program
Prioritize recommendations as each audit is completed Analyst
and initiate recommendations in the fiscal year following
the audit,except where any extreme hazard or potential
human risk is identified. High hazards will be addressed
immediately upon identification. Report annually on
progress toward meeting recommendations. Objective
is to reduce pollutant loading from municipal sites.
3 Train all PWUT Staff Educate all employees on clean water issues and on X X X Stormwater Program
workplace responsibilities to reduce or eliminate Analyst/Environmental
pollutants from stormwater. Maintain program and Specialist
report on number of employees trained and subjects
covered.
4 Train Stormwater Maintenance Provide training to all employees who maintain the X X X Stormwater Program
Staff drainage system with a focus on floatable,grit, Analyst/Environmental
sediment, and disposal of pollutants removed from the Specialist
drainage system. Report on number of employees
trained and subjects covered.
5 Train Buildings&Grounds staff Provide training to all employees who manage and X X X Stormwater Program
apply chemicals to address safe storage,application Analyst/Environmental
and disposal of residual chemicals. Repeat training Specialist
throughout the permit. Report on number of employees
trained and subjects covered.
5 Inspect Vehicle Washing and Annually inspect vehicle washing and fueling operations X X X X X Stormwater Program
Fueling Operations to ensure that they are in good working order and that Analyst/Environmental
they minimize exposure of stormwater to chemicals, Specialist/Fleet Division
fuels, and other liquids. Document findings and actions Manager
taken to address any problems identified. Report on
finding in annual permit report.
6 Inspect materials storage areas Inspect material storage facilities and establish priorities X X X X X Stormwater Program
for addressing issues identified.Address corrective Analyst/Environmental
activity within 24 months of inspection. Report on Specialist/Public Works
number and type of sites inspected and actions taken in Facilities Expeditor
each annual report.
7 Inspect salt storage facility and Inspect salt storage facility and application equipment X X X X X Stormwater Program
evaluate snow/ice management annually to identify and eliminate exposure to Analyst/Environmental
program stormwater and/or ineffective/inappropriate Specialist/Public Works
application. In year 3, evaluate current snow and ice Facilities Expeditor
management program and ensure that effective
measures are in place to minimize contamination
Town of Cary NPDES Phase 11 Permit Application 10

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
Identify problems and address when found. Report
annually on inspections and resulting actions
8 Develop standard operating Develop standard operating procedures for various X X X X X Stormwater Program
procedures facilities and/or operations such as street sweeping Analyst/Environmental
activities and parking lot(garage)maintenance Specialist/Public Works
activities to ensure that the greatest reduction of Facilities Expeditor
pollutant loading to stormwater that can be achieved.
Annually report on facilities and/or operations targeted
and results of activities.
9 Evaluate solid waste collection Evaluate solid waste collection practices (including leaf X X X X X Stormwater Program
procedures pick up)to determine if procedures or equipment Analyst/Environmental
adjustments need to be made to address potential for Specialist/Solid Waste
pollution of stormwater. Focus on issues such as spills Director
in the street, hydraulic hose ruptures,customer storage
practices. Report on findings and any workplan that
develops as a result.
10 Evaluate spill response Evaluate current spill response practices and determine X X X X X Stormwater Program
if adjustments are needed to reduce the risk of polluting Analyst/Environmental
bodies of water(streams, ponds, lakes). Implement Specialist/Public Works
recommended changes in Year 5 and report on findings Facilities Expeditor
and strategies in annual reports.
11 Evaluate oil recycling program Evaluate existing used oil recycling program. Report X X X X X Fleet Division Manager
annually on program, including amount recycled and
_ adjustments made as needed.
12 Maintain hazardous chemical Maintain inventory of hazardous chemicals and other X X X X X Public Works Facilities
inventory potentially hazardous materials and ensure that limited Expeditor
but sufficient quantity of items are on hand to minimize
risk of spill or contamination of stormwater. Conduct
research on alternative products to reduce risk of
surface water contamination. Document findings and
actions taken in annual report.
13 Evaluate sanitary sewer and water Evaluate sanitary sewer and water supply maintenance X X X X Director of Public Works/
supply maintenance programs activities to ensure that the greatest reduction of Operations Manager
pollutant loading to stormwater that can be achieved.
Revise procedures as needed to minimize pollutant
loading. Track cross connections found and eliminated.
14 Evaluate road construction and Evaluate road construction and maintenance activities X X X X X Director of Public Works/
maintenance practices to ensure that the greatest reduction of pollutant loading Stormwater Program
Analyst
Town of Cary NPDES Phase II Permit Application 11

APPENDIX B: BMPs and Measurable Goals
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
to stormwater that can be achieved. Revise procedures
as needed to minimize pollutant loading.
15 Evaluate stormwater maintenance Develop a proactive inspections and maintenance X X X X X Director of Public Works/
programs program for stormwater structures within the R/W. Public Works Facility
Expeditors
Town of Cary NPDES Phase II Permit Application 12

Receiving Water Stream Water Quality 303(d) Listed
Name Index Classification Parameter(s)of
Black Creek 27-33-5 C; NSW Benthos(Nar,AL, FW)
Crabtree Creek 27-33-(1) C; NSW Benthos(Nar,AL, FW)
Turkey Creek 27-33-2 C; NSW
Coles Branch 27-33-3 C; NSW
South Fork Coles 27-33-1 C; NSW
Reedy Creek 27-33-8 B; NSW
Crabtree Creek(Lake 27-33-(3.5) B; NSW PCB Fish Tissue Advisory
Crabtree) (Advisory, FC, NC)
Stirrup Iron Creek 27-33-2 C; NSW
Brier Creek 27-33-4 C; NSW PCB Fish Tissue Advisory
(Advisory, FC, NC)
Little Brier Creek 27-33-4-1 C; NSW PCB Fish Tissue Advisory
Richlands Creek 27-33-11 C; NSW Benthos(Nar,AL, FW)
Walnut Creek 27-34-(1) C; NSW
Speight Branch 27-43-3.5 WS-III; NSW
Lynn Branch 27-43-2 WS-III; NSW
Long Branch 27-43-2.8 WS-III; NSW
MacGregor Downs 27-43-2.2 WS-III; NSW
Lake(Swift CreekL
Williams Creek 27-43.2 WS-III; NSW
Swift Creek(Lake 27-43-(1) WS-III; NSW Benthos(Nar,AL, FW)
Wheeler) Fish Community(Nar,AL, FW):
TMDL
Regency Park Lake 27-43-2.5 WS-III; NSW
Dutchmans Branch 27-43-4.5 WS-III; NSW
Camp Branch 27-43-15.5 C; NSW
Rocky Branch 27-43-15- C; NSW
Bells Lake 27-43-15.6 C; NSW
Middle Creek 27-43-15- C; NSW Iron
White Oak Creek 16-41-6- WS-V; NSW
Jack Branch 16-41-6-1 WS-V; NSW
Jack Branch 16-41-6- WS-IV; NSW
White Oak Creek 16-41-6- WS-IV; NSW
Bachelor Branch 16-41-6- WS-V; NSW

Bachelor Branch 16-41-6- WS-IV; NSW
Rocky Ford Branch 16-41-6- WS-IV; NSW
Indian Creek 16-41-1- WS-IV; NSW
Panther Creek 16-41-1-17-WS-IV; NSW Copper Dissolved Chronic
^^ ^Morris Branch 16-41-1-17-WS-IV; NSW ^
Nancy Branch 16-41-1-17-WS-IV; NSW
Kit Creek 16-41-17-2-WS-IV; NSW
Long Branch 16-41-1-17-WS-IV; NSW

Appendix C:Town of Cary Land Development Ordinance
Chapter 3.
Review and Approval Procedures
3.12 DEVELOPMENT IN FLOOD HAZARD AREA
3.12.1 Stormwater Engineering Manager
3.12.2 Permit and Approval Requirements
(A) Compliance Required
(B) Development Requiring Other Forms of Town Approval
(C) Development Requiring No Other Forms of Town Approval; Floodplain Development
Permit Required
(D)Additional Requirement for Non-Residential Structures Located within the Flood Hazard Area
3.12.3 Approval Procedure
3.12.4 Appeals
3.13 GRADING PERMITS
3.13.1 Purpose and Scope
(A)Applicability
(B) Exemptions from All Grading Standards and Permit Requirements
(C) Exemptions from Grading Permit Requirements
3.13.2 Application Requirements
3.13.3 Review and Approval
3.13.4 Approval Criteria
3.13.5 Effect of Approval; Certificate of Erosion Control Compliance
3.13.6 Responsibility for Maintenance and Additional Erosion Control Measures
3.13.7 Changes to Approved Erosion Control Plans
(A) Changes Initiated by Department
(B) Changes Initiated by Applicant
Chapter 4
Overlay Districts
4.4.6 Watershed Protection Overlay
(A) Purpose and Intent
(B)Applicability
(C) Procedures for Development Approval
(D)Overview of High Density and Low Density Development Options
(E) Restrictions on Allowed Uses
(F) Limitations on Impervious Surface Area and Density
(G) Engineered Stormwater Control Structures
(H) Clustered Development Option
(I) Modifications and Variances
(J)Violations Chapter
Chapter 7
Development and Design Standards
7.1 GENERAL PROVISIONS
7.1.1 Purposes
7.1.2 Applicability
7.1.3 Pre-Application Conference
7.1.4 Community Appearance, Site Design Standards, and other Documents
7.1.5 Limitations on Site Disturbance
(A) Limits of Disturbance
(B) Limited Disturbance or Construction Outside Limits of Disturbance

Appendix C:Town of Cary Land Development Ordinance
7.2.14 Urban Transition Buffer Regulations
(A)The Purpose and Intent of Urban Transition Buffers
(B) Establishing General Urban Transition Buffers
(C) Establishing Specialized Urban Transition Buffers
(D) Overlap or Conflict between Urban Transition Buffers established by the Town and buffers
established by State of North Carolina or Federal Regulations
(E)Activities Prohibited and Permitted in Urban Transition Buffers
(F) Description of Buffers on Site and/or Subdivision Plans
(G) Exclusion of Urban Transition Buffer from Lots
(H)Exemption when Existing Uses are Present and Ongoing
(I) Determination of No Practical Alternatives/Request for Authorization Certificate
(J) Modification of Urban Transition Buffers as part of Approving Development Plans
(K)Variances
(L) Mitigation
(M) Site Inspections
(N)Violations; Fines; Enforcement
(0) Delegation of Authority
(P) Definitions
7.3 STORMWATER MANAGEMENT
7.3.1 Purpose and Definitions
7.3.2 Nutrient Reduction Requirements
(A) Nitrogen and Phosphorus Control Plan Required
(B) Exemptions
(C) Calculation of Nitrogen and Phosphorus Export
(D) Nitrogen and Phosphorus Export Standards
7.3.3 Peak Runoff Control
(A) Calculation of Peak Flow
(B) Exceptions to Peak Flow Control
(C) Downstream Impact Analysis
7.3.4 Allowable Best Management Practices
7.3.5 Maintenance of Best Management Practices
7.3.6 Illegal Discharges to the Storm Sewer System
(A) Purpose
(B)Applicability
(C) Responsibility for Administration
(D) Compatibility with other Regulations
(E) Severability
(F) Ultimate Responsibility
(G) Discharge Prohibitions
(H)Watercourse Protection
(I) Industrial or Construction Activity Discharges
(J)Compliance Monitoring
(K) Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management
Practices
(L) Notification of Spills
(M)Violations, Enforcement, and Penalties
(N)Appeal of Notice of Violation
(0) Enforcement Measures After Appeal
(P)Cost of Abatement of the Violation
(Q)Violations Deemed a Public Nuisance
(R) Remedies Not Exclusive
7.3.7 Town of Cary NPDES Phase II Post Construction Runoff Controls
7.3.8 Variance

Appendix C:Town of Cary Land Development Ordinance
7.4 SOIL EROSION AND SEDIMENTATION CONTROL
7.4.1 Purposes
7.4.2 Permit and Approval Requirements
7.4.3 General Erosion and Sedimentation Control Standards
(A) Conveyance Channels
(B) Slopes Left Exposed
(C) Design Requirements
(D) Protective Cover Required
(E)Activity Near Watercourse
(F) Protection During Construction
(G) Limits on Single-Family Lot Grading
(H) Limit on Grading Area for Medium Density Residential Developments
(I) Installation of Required Landscape After Grading
(J)Compliance with Town Manual
7.4.4 Basic Control Objectives for Erosion Control Plans
(A) Identify Especially Vulnerable Areas
(B) Limit Time of Exposure
(C) Limit Exposed Area
(D) Control Surface Water
(E)Control Sedimentation
(F) Manage Stormwater Runoff
7.4.5 Borrow and Waste Areas
7.4.6 Access and Haul Roads
7.4.7 Operations in Lakes or Natural Watercourses
7.5 FLOOD DAMAGE PREVENTION
7.5.1 Purpose
7.5.2 Applicability
(A) Purpose
(B) Exemptions
7.5.3 Development Restrictions and Related Standards In and Near Special Flood Hazard Areas and Future
Conditions Flood Hazard Areas
(A) Establishment of Floodplain Development Permit
(B) Development Restrictions
(C) Development Standards
(D)Additional Development Standards and Restrictions for Areas with Established Base Flood Elevation
Data
(E)Application Requirements
(F)Additions/Improvements
(G)Additions/Improvements to Existing Structures
(H)Accessory Structures
7.5.4 Limitations on Encroachments in Floodways and Non-Encroachment Areas
7.5.5 Standards for Streams without Established Base Flood Elevations
7.5.6 Cross Drainage Area Standards and Restrictions
7.5.7 Special Requirements for Manufactured Homes
7.5.8 Special Requirements for Development Proposals Requiring Site and/or Subdivision Plan Approval
Chapter 11 Enforcement
11.1 GENERAL PROVISIONS
11.1.1 Purpose
11.1.2 Compliance Required
11.1.3 Liability for Violations
11.1.4 Each Day a Separate Violation
11.2 RESPONSIBILITY FOR ENFORCEMENT AND APPEALS
11.2.1 Primary Responsibility
11.2.2 Appeals

Appendix C:Town of Cary Land Development Ordinance
(A) Appeals of Building Permit Issues
(B) Appeals of Soil Erosion and Sedimentation Control Decisions Pursuant to Section 7.4
(C) Appeal of Stop Work Orders
(D) Appeal of Notice of Violation Civil Penalties and Fines(Except Pursuant to Section 7.4)
11.2.3 Inspections
11.3 SPECIFIC VIOLATIONS
11.3.1 Land Disturbing Activities Inconsistent with Ordinance
11.3.2 Nonconformities Inconsistent with Ordinance
11.3.3 Increasing Intensity or Density of Use
11.3.4 Making Lots,Setbacks, Buffers,or Open Space Nonconforming
11.3.5 Activities Inconsistent with Conditions of Plan Approval or Permit
11.3.6 Failure to Remove Signs
11.3.7 Removal of,Damage to, Disturbance of and Pruning of Vegetation Inconsistent with Ordinance
11.4 REMEDIES AND PENALTIES FOR EROSION AND SEDIMENTATION CONTROL VIOLATIONS PURSUANT TO
SECTION 7.4
11.4.1 Deny or Withhold Permits
11.4.2 Revoke Permits
11.4.3 Issue Stop Work Order
11.4.4 Notice of Violation Civil Penalties
(A) Process
(B) Amount
11.4.5 Assess Criminal Penalties
11.4.6 Require Restoration of Disturbed Areas
11.4.7 Private Civil Relief
11.5 REMEDIES AND PENALTIES APPLICABLE TO OTHER SECTIONS OF THE LDO
11.5.1 General Remedies and Penalties
(A) Deny or Withhold Permits
(B) Revoke Permits
(C) Assess Civil Penalties
(D) Issue Stop Work Orders
11.5.2 Additional Remedies and Penalties For Certain Violations
(A) Clear Cutting of Trees
(B) Removal or Disturbance of or Damage to Existing Vegetation
(C) Severe Pruning
(D) Violation of Historic Preservation Ordinance
11.6 ENFORCEMENT PROCEDURES
11.6.1 Notice of Violation Procedure
(A) Notice Required Before Penalty
(B) Notice of Violation and Opportunity to Cure
(C) Written Notice
(D) Content of Written Notice
(E) Extension of Time to Cure
(F) Corrective Action Taken
11.6.2 Citation Procedure
(A) Citation for Violation
(B) Content of Citation
(C) Corrective Action Required
(D) Action for Recovery of Penalty
11.6.3 Summary Removal of Dangerous Signs or Structures
11.6.4 Injunctive Relief and Other Remedies
11.6.5 Private Civil Relief for Violation of Sedimentation and Erosion Control Standards
Chapter 12 Rules of Construction; Use Classifications,and Definitions
12.1 Interpretations
12.2 Rules of Construction
12.4 Other Key Terms Defined

Appendix C:Town of Cary Land Development Ordinance
3.12 DEVELOPMENT IN FLOOD HAZARD AREA
3.12.1 Stormwater Manager
The Town shall appoint one or more Stormwater Managers whose duties shall include,but are not limited to,the following:
(A) Review all applications for permits and other forms of development approval for compliance with the provisions in Section
7.5("Flood Damage Prevention")of this Ordinance regarding flood hazards,and to determine whether all necessary permits and
approvals have been obtained from those federal,state or other local governmental agencies from which prior approval is required;
(B) Review all applications for permits and other forms of development approval for compliance with the provisions in Section
7.5 of this Ordinance regarding flood hazards,and to determine whether all necessary permits and approvals have been obtained
from those federal,state or other local government agencies from which prior approval is required;
(C) Notify adjacent communities,the Federal Emergency Management Agency and the N.C.Department of Environment and
Natural Resources prior to any alteration or relocation of a watercourse,and to assure that the altered watercourse is maintained so
that the flood carrying capacity of the watercourse is not diminished;
(D) Verify and record the actual elevation(in relation to mean sea level)of both the lowest floor and any flood proofing of all
new or substantially improved structures;
(E) Obtain certification from a registered professional engineer or architect when a structure is flood proofed;
(F) Interpret the exact location of the boundaries of the Flood Hazard Area;
(G) Obtain,review and reasonably utilize any base flood elevation data available from a federal,state or other source where
base flood elevation data has not been provided in accordance with Section 7.5.2 in order to administer the provisions of Section 7.5,
Flood Damage Prevention;
(H) Provide the N.C.Department of Crime Control and Public Safety,Division of Emergency Management,State Coordinator
for the National Flood Insurance Program with two(2)copies of the maps delineating new corporate limits within six(6)months from
the date of annexation or change in corporate limits;
(I) Maintain all records pertaining to the provisions of this Section3.12 and Section 7.5,and to hold them open for public
inspection;and
(J) Review all applications for development and all variances to the required standards and to maintain all of the records
required by Section 7.5.
3.12.2 Permit and Approval Requirements
(A) Compliance Required
No development shall occur in the Flood Hazard Area,unless it complies with the procedures set forth in this section and the
flood damage prevention standards set forth in Section 7.5 of this Ordinance. In general, no development is allowed in the Flood
Hazard Area unless a special use is approved;and/or the property/use is exempted from this requirement;and/or the development is
for roads,greenways,pedestrian crossings, park-related equipment,or public utilities and facilities such as waste water,gas,
electrical,and water systems that are located and constructed to minimize flood damage.
(B) Development Requiring Other Forms of Town Approval
The Town requires no separate permit to demonstrate that the proposed development meets the flood damage prevention
standards set forth in Section 7.5 of this Ordinance when this Ordinance requires some other form of approval for the proposed
development(such as a building permit,certificate of occupancy,special use permit,site plan approval,or subdivisionplat approval).
However,the applications for those other forms of development approval shall require the submission of additional information
relating to flood hazards as part of the application package.As part of the staff review process for those other forms of development
approval,the Stormwater Services Manager shall review the application to ensure that it meets the flood damage prevention
standards set forth in Section 7.5.
(C) Development Requiring No Other Forms of Town Approval; Floodplain Development Permit Required
In those cases where no other form of approval is required for the proposed development,the development shall not proceed
until and unless the Town issues a floodplain development permit for the proposed development.The person undertaking such
development shall file an application for a floodplain development permit with the Stormwater Manager.The application shall be filed
on a form prescribed by the Stormwater Manager.The Stormwater Manager shall review the application and shall issue the permit
only if the proposed development conforms to the flood damage prevention standards set forth in Section 7.5 of this Ordinance.
(D) Additional Requirement for Non-Residential Structures Located within the Flood Hazard Area
No non-residential structure or related impervious surface shall be built,expanded,or located within theFlood Hazard Area
until and unless the Town Council has approved a special use permit for such structure or surface under Section 3.8.The Town
Council shall approve such a structure as part of the site and/or subdivision plan only upon finding that,without this ability,the owner
cannot make a reasonable use of his or her property. In other words,this restriction causes undue hardship.The Town Council may
attach to the approval of the site and/or subdivision plan such reasonable conditions as it deems necessary to safeguard the public
health,safety,and welfare against any flood hazards that the proposed non-residential structure may present.
3.12.3 Approval Procedure

Appendix C:Town of Cary Land Development Ordinance
(A) Upon receiving any application for development within the Flood Hazard Area,the Stormwater Manager shall determine
whether the proposed development meets the flood damage prevention standards set forth in Section 7.5.
(B) If the Stormwater Manager determines that the proposed development does not meet these standards,then the Town shall
issue no permit,certificate,or other form of approval for the proposed development.
(C) In those cases where this Ordinance requires some other form of approval for development in the Flood Hazard Area,the
Stormwater Manager shall report its determination to the body or agency responsible for the issuance of that other form of
development approval,within a reasonable amount of time for that body to act accordingly in approving or denying the proposed
development.
(D) In those cases where no other form of approval is required for the proposed development in an area of special flood hazard,
the Stormwater Manager shall notify the applicant of its determination within a reasonable amount of time.
3.12.4 Appeals
(A) All questions on the enforcement of this section shall first be addressed to the Stormwater Manager.The decisions of the
Stormwater Manager may be appealed by following the procedure set forth in Section 3.21.
(B) The Zoning Board of Adjustment may grant relief from a decision of the Stormwater Manager only if the Board finds that the
Stormwater Manager acted incorrectly in interpreting or administering any of the duties or functions listed under Section 3.12.1;other
provisions of this Section 3.12;or Section 7.5,Flood Damage Prevention.
(Ord.No.2011-LDO-01, 1-11-11;Ord.No.2014-LDO-03,8-14-14;Ord.No.2019-LDO-01,9-26-19;Ord.No.2019-LDO-03, 10-10-
19)
3.13 GRADING PERMITS
3.13.1 Purpose and Scope
This section sets forth the procedures for obtaining a grading permit fordevelopment and land-disturbing activities within the Town
and its extraterritorial jurisdiction.(The standards for control of sedimentation and soil erosion appear in Section 7.4.)
(A) Applicability
(1) Except as provided in paragraphs(B)and(C)below,it shall be unlawful to conduct any land-disturbing activity without first
obtaining a grading permit from the Town.
(2) Except where an adopted Town policy allows the issuance of grading permits prior to final site and/orsubdivision plan
approval, no application for a grading permit shall be filed or accepted until the project for which the permit is sought has received all
other necessary approvals required under Chapter 3 of this Ordinance.
(B) Exemptions from All Grading Standards and Permit Requirements
The requirements of this section and Section7.4 of this Ordinance shall apply to all land-disturbing activities undertaken by any
person within the Town's corporate limits or extraterritorial jurisdiction,except for the following:
(1) Agriculture
Land-disturbing activities undertaken on agricultural land that is taxed at the present-use value standard;
(2) Forestry
Land-disturbing activities undertaken on forest land for the production and harvesting of timber and timber products and
which are conducted in accordance with Forest Practice Guidelines Related to Water Quality(best management practices)as
adopted by the N.C.Department of Environment and Natural Resources.Within the Watershed Protection Overlay,however,both a
permit and a valid forestry management plan shall be required from the appropriate federal or state agencies.);
(3) Mining
Land-disturbing activities undertaken by persons,as defined in G.S.113A-52(8),who are otherwise regulated by the
provisions of the Mining Act of 1971,as amended(G.S.74-46 through G.S.74-68);
(4) Fire Fighting
Land-disturbing activities undertaken for the purpose of fighting fires;and
(5) Activities Regulated by Sedimentation Control Commission
The following land-disturbing activities that are regulated by the North Carolina Sedimentation Control Commission:
(a) Land-disturbing activities conducted by the State,the United States,a unit of local government,orpersons or agencies
having the power of eminent domain;
(b) Land-disturbing activities licensed by the State or the United States;
(c) Land-disturbing activities funded in whole or in part by the State or the United States.
(C) Exemptions from Grading Permit Requirements
The land-disturbing activities set forth below need not obtain a grading permit,yet shall nevertheless comply with the

Appendix C:Town of Cary Land Development Ordinance
requirements set forth in Chapter 7 of this Ordinance,including the soil erosion and sedimentation control requirements of Section
7.4. These activities include:
(1) Construction of a single-family residence on a single lot,except when the disturbed area exceeds one(1)acre;
(2) Land-disturbing activities that do not exceed twelve thousand(12,000)square feet in surface area,on contiguous lands
under single or diverse ownership being developed as a unit;and
(3) The stockpiling of raw or processed sand,stone,or gravel in material processing plants and storageyards, provided that
the exposed surface area of such materials does not exceed a contiguous area of twelve thousand(12,000)square feet.
3.13.2 Application Requirements
(A) An application for a grading permit shall be filed with the Town.An application for a grading permit may be filed only by the
owner of the property on which the land-disturbing activity is to occur or a contractor,agent,lessee,or contract purchaser specifically
authorized by the owner to file such application.
(B) The application shall include an erosion control plan that has been designed and signed by a registered professional
engineer or registered landscape architect who is qualified in hydrology.
(C) Before filing the application,the applicant is strongly encouraged to request a pre-application conference with the Planning
Department.See Section 3.1.5.
3.13.3 Review and Approval
(A) The Town shall review each application and shall act to approve,approve with modifications,approve with performance
reservations,or deny the application,based on the criteria set forth in Section 3.13.4.The review shall be conducted in conjunction
with any site and/or subdivision plan approval that may be required for the proposed development.
(B) Where the application must be revised in accordance with any modifications or performance reservations required by the
Town,the applicant shall submit a revised application to the Town.The Stormwater Manager shall approve or deny the revised
application.
Application
Filing
Staff Review
-Review and Decision
-Issuance of Permit
I
Obtain Erosion Control
Certificate
-prerequisite to other approvals
Grading Permit
(C) Upon approval of the application,the Town shall issue a grading permit for the proposed land-disturbing activity.The
applicant shall keep a copy of the grading permit and the approved erosion control plan on file at the job site.
(D) In the event that the Town disapproves the application,the Town shall advise the applicant in writing as to the specific
reasons that the plan was disapproved.The applicant may appeal the Town's decision to deny or modify the proposed application by
following the appeals procedure set forth in Section 3.21. If the Zoning Board of Adjustment upholds the denial or modification of the
application,then the applicant may appeal this decision to the North Carolina Sedimentation Control Commission as provided in G.S.
113A-61(C)and N.C.Administrative Code Title 15,4B.0018(b).Alternatively,the applicant may appeal the disapproval of the plan
directly to the Commission,in accordance with G.S. 113A-61,without appeal to the Zoning Board of Adjustment.
3.13.4 Approval Criteria
(A) The Town shall approve only those applications that are shown to have the potential to control accelerated erosion and
prevent off-site siltation at least the equivalent in effectiveness,safety,quality,and durability of that prescribed in the current edition
of the"Erosion and Sedimentation Control Planning and Design Manual"published by the North Carolina Sedimentation Control
Commission.
(B) The Town may deny the application for any of the following reasons, if the applicant,or any parent or subsidiary corporation
(if the applicant is a corporation)meets any of the criteria set forth below. For purposes of this subsection,an applicant's record may
be considered for only the two(2)years prior to the application date.
(1) The applicant has failed to substantially comply with state rules or local ordinances and regulation adopted pursuant to the

Appendix C:Town of Cary Land Development Ordinance
Sedimentation Pollution Control Act;
(2) The applicant is conducting or has conducted land-disturbing activity without an approved permit,or has received notice of
violation of a permit previously approved by the North Carolina Sedimentation Control Commission,the Town,or another local
government,and has not complied with the notice within the time specified therein;
(3) The applicant has failed to pay a civil penalty assessed pursuant to the Sedimentation Pollution Control Act or this
Ordinance for failure to comply with the applicable sedimentation and erosion control requirements,where such payment is due and
no appeal is pending regarding the penalty;
(4) The applicant has been convicted of a misdemeanor pursuant to G.S. 113A-64(b),or any similar provision of this
Ordinance,for failure to comply with the applicable sedimentation and erosion control requirements.
3.13.5 Effect of Approval;Certificate of Erosion Control Compliance
(A) Following approval of the grading permit application,the applicant shall install the initial sedimentation and erosion control
measures specified in the approved erosion control plan.
(B) The land-disturbing activity shall not begin until the Stormwater Manager has inspected these initial measures and issued a
certificate of erosion control compliance indicating that these initial measures conform to the approved application.
(C) No building permit or certificate of occupancy shall be issued by the Inspections and Permits Department prior to the
issuance of the certificate of erosion control compliance.
(D) The grading permit shall be valid so long as the site and/or subdivision plan to which it refers remains valid and in effect.
When the approval of the site and/or subdivision plan lapses,the grading permit is null and void.
Grading Permit Approval
Mal Seim e,dadon
and Erosion Codrol
Measures Instened
Water Resaraees Deparhaent
-Inspection
-Issuance of Certnlcate of
Erosion Cmtrol Compliance
Landdst rbiog
Activity May
Commence
Obtain Other Approvals as
Necessary
(eg 8uldmg Permit)
Certificate of Erosion Control Compliance
3.13.6 Responsibility for Maintenance and Additional Erosion Control Measures
(A) During development of a site,the person conducting the land-disturbing activity shall install and maintain all temporary and
permanent erosion and sedimentation control measures as required by the approved application and any provision of,or order
adopted pursuant to,this Ordinance or the Sedimentation Pollution Control Act(G.S.113A-50 et seq.,as amended).
(B) After development of the site is complete,the landowner or person in possession or control of the land shall install and/or
maintain all necessary permanent erosion and sedimentation control measures,except for those measures installed within a road or
street right-of-way or easement that a government agency has accepted for maintenance.
(C) Whenever the Town determines that significant sedimentation is occurring as a result of a land-disturbing activity,despite
the application and maintenance of protective practices,the person conducting the land-disturbing activity or the person responsible
for maintenance shall be required to take additional protective action as the Town deems necessary to control the sedimentation.
(D) All uncovered areas that existed on the effective date of the State rules and resulted from land-disturbing activity,exceed
twelve thousand(12,000)square feet,are subject to continued accelerated erosion,and are causing off-site damage from
sedimentation,shall be provided with a ground cover or other protective measures,structures,or devices sufficient to restrain
accelerated erosion and control off-site sedimentation.The required ground cover shall be consistent with this Section 3.13 and
Chapter 7 of this Ordinance.
3.13.7 Changes to Approved Erosion Control Plans
(A) Changes Initiated by Department
Following commencement of a land-disturbing activity pursuant to an approved grading permit,if the Town determines that the
approved application is inadequate to meet the requirements of this Ordinance,then the Town may require such revisions to the plan
as are necessary to comply with this Ordinance.

Appendix C:Town of Cary Land Development Ordinance
(B) Changes Initiated by Applicant
The applicant may apply at any time to amend a grading permit,in written and/or graphic form,under the same conditions and
following the same procedure as the original application.Until such time as the Town approves such an amendment,the land-
disturbing activity shall not proceed except in accordance with the application as originally approved.
(Ord.No.2011-LDO-01, 1-11-11;Ord.No.2014-LDO-03,8-14-14;Ord.No.2019-LDO-03, 10-10-19)
4.4.6 Watershed Protection Overlay
(A) Purpose and Intent
The intent of the Watershed Protection Overlay is to ensure the availability of public water supplies at a safe and acceptable
level of water quality for present and future residents of the Town and the surrounding region.Watershed protection measures
allowed by this section include:
(1) Restriction of land uses allowed within water supply basins;
(2) Impervious area and density limitations;and
(3) Engineered stormwater control structures and the best management practices as listed in the Department of Environment
and Natural Resources'State Design Manual.
(B) Applicability
(1) Designated Watersheds
The Watershed Protection Overlay is an overlay district to be applied to all lands lying within the watershed of a public water
supply.The boundaries of the Watershed Protection Overlay shall be shown on an official map kept in the Planning Department.The
Watershed Protection Overlay consists of three sub-areas:
(a) Swift Creek Watershed;
(b) Jordan Lake Watershed;and
(c) Jordan Lake Watershed Critical Water Quality Area.
(2) Applicability to Development Activity
(a) The following types of development activity are exempt from the requirements of this Section4.4.6:
1. Development existing prior to June 30, 1993;
2. Development on vacant lots inside of PDs approved prior to June 30, 1993;
3. Development on vacant lands in subdivisions platted prior to June 30,1993,unless such lands have undergone a
zoning change after June 30, 1993 and new development is required to submit a site or subdivision plan;and
4. Redevelopment provided there is no increase in the total amount of impervious surface for a lot or developmentsite.
(b) The requirements of this Section 4.4.6 shall apply to the following:
1. Vacant land that is rezoned from its designation in place on June 30, 1993;
2. New lands added to a planned development after June 30, 1993,even if the originalplanned development was
approved prior to June 30, 1993;
3. Development in a planned development if the development had to be amended after June 30, 1993,to accommodate
the development;
4. Any expansions to existing development in place as of June 30,1993(provisions are only applied to the addition,not
the impervious surface in place on June 30, 1993).
(3) Sedimentation and Erosion Control
Responsible control of erosion and sedimentation is crucial to the protection of stormwater quality and the continued proper
function of the measures required in this section.Requirements pertaining to sedimentation and erosion control are addressed in
Section 7.4 of this Ordinance.
(C) Procedures for Development Approval
(1) Development Review
All development within the Watershed Protection Overlay shall demonstrate compliance with the requirements of this Section
4.4.6 at the time of approval of a subdivision plan or site plan.Applicants complying with the standards of this section must also
satisfy all other applicable requirements and obtain all other necessary approvals or permits under this Ordinance.
(2) Protection Measures Prerequisite to Certificate of Occupancy
A Certificate of Occupancy shall not be issued for anydevelopment in the Watershed Protection Overlay until all of the
watershed protection measures required by this section have been approved and are in place on the property.
(D) Overview of High Density and Low Density Development Options

Appendix C:Town of Cary Land Development Ordinance
There are two(2)development options in the Watershed Protection Overlay,a Low Density Option and a High Density Option,
each with different provisions related to either the Swift Creek Watershed or the Jordan Lake Watershed as well as to sub-areas
within either watershed.
(1) Impervious Surfaces
The maximum allowable amount of impervious surface within a proposeddevelopment is limited based upon the Low or High
Density Option,and differs from Watershed to watershed as depicted in Table 4.4-5.
(2) Calculation of Impervious Surfaces
Calculation of impervious surface area shall include the pavement area of all existing and proposed internalpublic and
private streets,one-half(1/2)of the width of roadways on the perimeter of the project,driveways,rooftops,parking lots, patios,and
all other impervious surfaces. For the purpose of calculating the impervious surface of roadways on the perimeter of a project,the
ultimate pavement cross section of the roadway based on the Comprehensive Transportation Plan and any sidewalk(s)or
greenway(s)along the perimeter roadway will be included in the calculation. For purposes of calculating the percentage of
impervious area coverage,the total project area shall be regarded as the actual area of the property plus the area within the rights-
of-way of the internal and perimeter streets included in the calculation of impervious area.
(3) Residential Density •
In addition to limitations on the amount of impervious surface,the Low and High Density Development Options limit the gross
residential densities of projects based upon the watershed where they are proposed,with higher densities allowed under the High
Density Option as depicted in Table 4.4-5.
(4) Runoff Control
Engineered stormwater controls intended to contain the runoff from the first one(1)inch of rainfall are required in any
development utilizing the High Density Option in eitherwatershed.
(E) Restrictions on Allowed Uses
The uses allowed within the Watershed Protection Overlay are the same as the uses permitted in the general use zoning
district within which the land is located, pursuant to Table5.1-1. However,the following uses are allowed within the overlay district
only if they comply with the performance standards set forth in this Section 4.4.6.
(1) Swift Creek Watershed and the Jordan Lake Watershed
(a) All industrial service uses;
(b) All waste-related uses;
(c) Uses producing and/or storing toxic and/or hazardous materials;and
(d) Any use discharging sewage,industrial waste and/or non-process industrial waste.
(2) Jordan Lake Watershed Critical Water Quality Area
All uses set forth in paragraph(1)above;and all agricultural uses.
(F) Limitations on Impervious Surface Area and Density
(1) Low Density Option
Maximum impervious surface limits for the Low Density Option are set forth in the table below.Separate regulations are
provided for the Jordan Lake and Swift Creek areas.The Jordan Lake regulations recognize two sub-areas,the Critical Area and the
remainder of the watershed;while the Swift Creek regulations distinguish between three(3)different sub-areas:New Suburban,New
Urban,and Existing Urban development.These sub-areas are depicted on the Town's Official Zoning Map.
TABLE 4.4-4:MAXIMUM IMPERVIOUS SURFACE LIMITS:LOW DENSITY OPTION
Suburban-New Urban-New Existing Urban
Residential Non-Residential Residential Non-Residential Residential and Non-
Residential
Swift Creek Watershed
Six(6.0)dwelling units
per acre east of Holly
Springs and Jones
Two and one-half Franklin Roads, The impervious surface
(2.5)dwelling units Greater than six(6.0) of the underlying zoning
per acre not to units per acre west of of the property not to
exceed twelve(12) Twelve(12) percent Holly Springs and Twelve(12)percent exceed twelve(12)
percent impervious Jones Franklin Roads, percent impervious
surface area. not to exceed twelve surface area.
(12)percent,
impervious surface
area.

Appendix C:Town of Cary Land Development Ordinance
Jordan Lake Watershed
Impervious surfaces shall not exceed twenty-four(24)percent of the project area,or two(2)dwelling units per acre;or three(3)
dwelling units per acre and thirty-six(36)percent impervious surface area for projects containing streets built without curbs and
gutters.
Jordan Lake Watershed Critical Area
Non-residential and non-single family residential development impervious surface ratios shall not exceed twenty-four(24)
percent.The density of single-family residences shall not exceed two(2)dwelling units per acre.
(2) High Density Option
High Density Option development proposals may be approved,provided that the development applications are consistent
with the following standards:
TABLE 4.4-5:MAXIMUM IMPERVIOUS SURFACE LIMITS:HIGH DENSITY OPTION
Suburban-New Urban-New Existing Urban
Residential Non-Residential Residential Non-Residential Residential and Non-
Residential
Swift Creek Watershed
Six(6.0)dwelling
units per acre
east of Holly
Springs and The impervious
Two and one- Jones Franklin
The impervious area allowed
half(2.5) area allowed under Roads.Greater under the The impervious area
dwelling units than six(6.0) allowed under the
Maximum the underlying underlying
per acre not to units per acre underlying general use
Impervious general use zoning general use
exceed thirty west of Holly zoning districts,not to
Surface Limits districts,not to zoning districts,
(30)percent Springs and exceed seventy(70)
impervious exceed thirty(30) Jones Franklin not to exceed percent.
surface area. percent. Roads,not to seventy(70)
exceed seventy Percent.
(70)percent
impervious
surface area.
Sewer Required
Required to contain and treat the runoff from the first one(1)inch of rainfall and to achieve a minimum of
Impoundment eighty-five(85)percent average annual removal for Total Suspended Solids(TSS).Public or private
and maintenance.[Other BMPs besides impoundments may be available;consult the Department of
Maintenance Environment and Natural Resources'State Design Manual for Best Management Practices Related to
Stormwater Control.]
Jordan Lake Watershed
Where new development exceeds the Low Density Option Standards above,engineered stormwater controls shall be used to
control and treat runoff from the first inch of rainfall and to achieve a minimum of eighty-five(85)percent average annual
removal for Total Suspended Solids(TSS).Development shall not exceed seventy(70)percent impervious surface area.
Jordan Lake Watershed Critical Area
Where proposed development exceeds the Low Density Option Standards above,engineered stormwater controls are required
to control and treat runoff from the first inch of rainfall and to achieve a minimum of eighty-five(85)percent average annual
removal for Total Suspended Solids(TSS). Development shall not exceed fifty(50)percent impervious surface area.
(G) Engineered Stormwater Control Structures
(1) Ownership and Design Requirements
Stormwater control structures shall be owned by a property owners association,or,for all properties except single-family
residential development,the owner of the property.All stormwater control structures shall be designed by either a North Carolina
registered professional engineer or landscape architect,to the extent that the N.C.General Statutes allow.Other stormwater
systems shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required;
these registered professionals are defined as professional engineers,landscape architects,to the extent that the N.C.General
Statutes allow and land surveyors,to the extent that the design represents incidental drainage within a subdivision,as provided in
N.C.General Statutes.
(2) Structures Required for High-Density Option
All development under the high-density option shall use engineered stormwater control structures as a primary treatment
system.Engineered stormwater control structures shall be designed for specific pollutant removal according to modeling techniques

Appendix C:Town of Cary Land Development Ordinance
approved by the North Carolina Department of Environment and Natural Resources.Specific requirements for these systems shall
be in accordance with the Standard Engineering Details and Specifications Manual.
(3) Ground Cover Required
In addition to the vegetative filters required in the Standard Engineering Details and Specifications Manual,all land areas
outside of the engineered stormwater control structures shall be provided with a ground cover sufficient to restrain erosion within
fifteen(15)days after any land disturbance. Upon completion of the stormwater control structure,a permanent ground cover shall be
established and maintained as part of the maintenance plan described in Section 4.4.6(G)(9)below.
(4) Legal Description Required
A legal description of the area containing the stormwater control structure shall be prepared and filed consistent with Section
4.4.6(G)(9)as a separate deed with the Wake County Register of Deeds along with any easements necessary for general access to
the stormwater control structure.The deeded area shall include sufficient area to perform inspections, maintenance,repairs and
reconstruction.The deeded area shall include,but is not limited to detention pond,vegetative filters,all pipes and water control
structures, berms and dikes.
(5) Computation of Total Built-Upon Area
Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area.
However,if the structure is used to compute the percentage built-upon area for one(1)site,it shall not be used to compute the built-
upon area for any other site or area.
(6) Wet Detention Ponds
Wet detention ponds designed following the Standard Engineering Details and Specifications Manual,properly constructed,
with all required financial assurances and maintenance agreements in place may be regarded as adequate to satisfy the
impoundment requirements of the entire upstream contributory drainage basin.
(7) Posting of Financial Security Required
All engineered stormwater control structures shall be conditioned on the posting of adequate financial assurance for the
purpose of maintenance,repairs,or reconstruction necessary for adequate performance of the stormwater control structures.
Financial assurance shall be in the form of the following:
(a) Acceptable Forms of Security
Acceptable financial security shall be deposited with the Town to ensure that the engineered stormwater control structure is
adequately maintained.The permit applicant shall deposit with the Town of Cary either cash or an evergreen letter of credit as
financial security approved by the Town that is readily convertible into cash at face value.The cash or evergreen letter of credit shall
be in an amount equal to fifteen(15)percent of the total cost of the stormwater control structure or the estimated cost of maintaining
the stormwater control structure over a ten(10)year period,whichever is greater.The estimated cost of maintaining the stormwater
control structure shall be consistent with the approved operation and maintenance plan or manual provided to the Town by the
developer.The amount shall be computed by estimating the maintenance cost for twenty-five(25)years and multiplying this amount
by two-fifths(2/5)or 0.4.
(b) Operation and Maintenance Agreement
For all development built under the high density development option,the owner shall enter into a binding Operation and
Maintenance Agreement between the Town and all persons having a freehold estate in the development.Said Agreement shall
require the owning entity to inspect,maintain,repair and, if necessary,reconstruct the stormwater control structure in accordance
with the operation and management plan or manual provided by the owner.The owner of the stormwater control structure shall file
the Operation and Maintenance Agreement with the Wake County Register of Deeds.
(c) Default Under the Cash or Evergreen Letter of Credit
Upon default of the owning entity to maintain,repair and,if necessary,reconstruct the stormwater control structure in
accordance with the Operation and Maintenance Agreement,the Town shall obtain and use all or any portion of the financial security
to make necessary improvements based on an engineering estimate.Such expenditure of funds shall only be made after exhausting
all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the Operation and Maintenance
Agreement.The Town shall not return any of the unused deposited cash funds,which shall be retained for maintenance.
(8) Inspections for Stormwater Control Structures
(a) The Stormwater Manager shall inspect the stormwater control structure after the owning entity notifies the Stormwater
Manager that all construction-related work has been completed.At this inspection,the owning entity shall provide:
1. The executed deed,related easements,operation and maintenance agreement and survey plat for the stormwater
control structure ready for filing with the Wake County Register of Deeds;
2. A certification sealed by a qualified professional stating that the stormwater control structure is complete and complies
fully with the approved plans and specifications.
3. Reproducible as built plans showing best management practices.
(b) The Stormwater Manager shall review the documents submitted by the owning entity and the Town's inspection report.
1. If the Stormwater Manager approves the inspection report,deed and easements,and accepts the certification,the
owning entity shall file the Operation and Maintenance Agreement,deed and easements with the Wake County Register of Deeds

Appendix C:Town of Cary Land Development Ordinance
and provide proof of recordation to the Stormwater Manager.Upon receipt of proof of recordation,the Stormwater Manager will issue
a Certificate of Watershed Protection.
2. If deficiencies are found,the Stormwater Manager shall direct the owning entity to correct the deficiencies,make
improvements and inspections and/or correct documents and resubmit proof of the corrections and/or improvements to the
Stormwater Manager.
(c) A Certificate of Occupancy shall not be issued for any building within the permitted development until the Town has
approved the stormwater control structure,as provided in Section 4.4.6(G)(8)(b).
(d) The owner of each stormwater control structure shall submit a Maintenance Inspection Report annually on the
anniversary date of the Operation and Maintenance Agreement recording,to the Stormwater Manager.A qualified professional,
licensed in the state of North Carolina,must conduct the inspection.Records of inspection shall be maintained on forms approved or
supplied by the North Carolina Division of Environmental Management and shall be provided to the Stormwater Manager in a timely
manner.
(e) In the event the annual inspection reveals the need for corrective action or improvements,the Stormwater Manager shall
notify the owning entity of the needed improvements and the date by which the corrective action is to be completed.All
improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and
maintenance plan or manual as provided by section 4.4.6(G)(7)(b).After all corrective actions have been taken,the qualified
professional shall re-inspect the stormwater control structure and certify to the town that the appropriate corrective actions have been
taken.
(f) Appeals of any order,requirement,decision or determination made by the Stormwater Manager may be made to and
decided by the Town Council.
(9) Maintenance and Upkeep
(a) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure,
indicating what operation and maintenance actions are needed,what specific quantitative criteria will be used for determining when
those actions are to be taken and who is responsible for those actions.The plan shall clearly indicate the steps that will be taken for
restoring a stormwater control structure to design specifications if a failure occurs.
(b) Landscaping and grounds management shall be the responsibility of the owning entity. However,vegetation shall not be
established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened,or to the extent of
interfering with any easement or access to the stormwater control structure.
(c) Except for general landscaping and grounds management,the owning entity shall notify the Stormwater Manager prior
to any repair or reconstruction of the stormwater control structure.All improvements shall be made consistent with the approved
plans and specifications of the stormwater control structure and the operation and maintenance plan or manual.After all repairs have
been completed,the owning entity shall engage the services of a qualified professional,licensed in the state of North Carolina,to
inspect said improvements and to issue a report to the Stormwater Manager.The owning entity shall perform all additions,changes,
or modifications noted in the inspection report supplied by the qualified professional in a timely manner.
(d) The Stormwater Manager retains the right to perform inspections,deemed necessary by the Stormwater Manager,on
any stormwater control structure.
(e) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance
plan or manual shall be approved by the Stormwater Manager. Proposed changes shall be prepared by a qualified professional.
1. If the Stormwater Manager approves the proposed changes,the owning entity of the stormwater control structure shall
file sealed copies of the revisions with the Office of the Stormwater Manager.
2. If the Stormwater Manager disapproves the changes,the proposal may be revised and resubmitted to the Town Council
as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to
the applicant.
(f) If the Town Council or Stormwater Manager finds that the operation and maintenance plan or manual is inadequate for
any reason,the Stormwater Manager shall notify the owning entity of any required changes and the owning entity shall prepare and
file copies of the revised agreement first with the Wake County Register of Deeds.The owning entity shall then file a copy certified
by the Register of Deeds with the Office of the Stormwater Manager.
(H) Clustered Development Option
Clustering of development in the Watershed Protection Overlay may be allowed as an optional configuration in either Low
Density or High Density developments on a project-by-project basis.Clustering shall follow the procedures and standards set forth in
Section 8.4,and is subject to the following additional criteria:
(1) The overall density and/or impervious surface coverage of the project may not exceed the density and/or impervious
surface coverage allowed under either the Low Density or the High Density option.At a minimum,lot sizes shall conform to the
standards of the TR district(see Chapter 6)for single-family residential cluster development projects;however the total number of
lots shall not exceed the number of lots allowed for single-family residential development under any Chapter 4 zoning district;and
(2) Impervious surfaces shall be designed and sited to minimize stormwater runoff impacts on the receiving waters and to
minimize the concentration of stormwater flow;and
(3) The remaining undeveloped portion of the tract shall remain in an undisturbed vegetated or natural state.Where the
development has an established property owner's association,the title to the open space area shall be conveyed to the association.
Where a property owner's association has not been established,a maintenance agreement shall be filed with the Wake County

Appendix C:Town of Cary Land Development Ordinance
Register of Deeds.
(I) Modifications and Variances
Requests for relief from the requirements of this Section4.4.6 shall be decided either by the Zoning Board of Adjustment or by
the Environmental Management Commission,depending on the watershed and the type of standard from which relief is sought.
(1) Variances Granted by the Environmental Management Commission
The Environmental Management Commission shall have the sole authority to grant major variances from the provisions of
this Section 4.4.6 for properties in the Jordan Lake Watershed and Jordan Lake Watershed Critical Area. For purposes of this
section,a major variance is a variance from the minimum statewide watershed protection or Jordan Rules(contained in 15A NCAC
Chapter 2B)that results in(a)the relaxation, by factor greater than five percent(5%)of any buffer,density or built upon area
requirement under the high density option;(b)any variation in the design,maintenance or operation requirements of a wet detention
pond or other approved stormwater management system;or(c)relaxation by a factor greater than ten percent(10%),of any
management requirement under the low density option.
(2) Modifications Granted by the Zoning Board of Adjustment
The Zoning Board of Adjustment shall have primary,but not sole,authority to grant modifications from the provisions of this
Section 4.4.6 for properties in the Swift Creek Watershed,pursuant to this Sub-section.
(a) In the Swift Creek Watershed,the Zoning Board of Adjustment may modify the standards of Section4.4.6(F),
Limitations on Impervious Area and Density,where using perimeter or adjacent roadways in the impervious surface calculation
causes a development to exceed the allowed impervious surface percentage.
(b) In the Swift Creek Watershed,the Zoning Board of Adjustment may modify the standards of Section4.4.6(F),
Limitations on Impervious Area and Density,to allow impervious surface ratios greater than twelve(12)percent but less than twenty-
four(24)percent. However,requests for relief greater than twenty-four(24)percent shall be forwarded for review and decision by the
Environmental Management Commission.
(3) Recommendation by Zoning Board of Adjustment to the Environmental Management Commission
If an application calls for the granting of a modification as listed in paragraph(2b)or paragraph(1)above that requires a
decision by the Environmental Management Commission,the Zoning Board of Adjustment shall first reach a recommendation on the
modification in accord with the requirements of Section 3.19. If the Zoning Board of Adjustment decides in favor of granting the
modification,the Zoning Board of Adjustment shall prepare a preliminary record of the hearing as soon as possible and forward it to
the Environmental Management Commission.The preliminary record of the hearing shall include:
(a) The modification application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions,offers of proof,objections to evidence,and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the permit.
(4) Decision by the Environmental Management Commission
(a) Approval
If the Commission approves the variance as proposed or with additional conditions,the Commission shall prepare a
decision and send it to the Zoning Board of Adjustment.The Zoning Board of Adjustment shall prepare a final decision in
accordance with the Commission's decision.
(b) Disapproval
If the Commission denies the variance as proposed the Commission will prepare a decision and send it to the Zoning
Board of Adjustment.The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision.
(J) Violations;Enforcement
This Section 4.4.6 shall be enforced by the Town Manager or designee.Any person or association who fails to comply with
any provision of this Section 4.4.6,or who fails to submit a report,or who submits a fraudulent or false report,shall be in violation of
this Ordinance for each occurrence or non-compliance.
7.1 GENERAL PROVISIONS
7.1.1 Purposes
The purposes of this chapter include:
(A) To encourage the proper use of the land by promoting an appropriate balance between the built environment and the
preservation of open space and natural environmental resources;
(B) To protect private and public investment through preservation of open space,protection of natural resources including the
existing tree canopy; providing buffers between incompatible uses and along roadways;and encouraging the planting of new

Appendix C:Town of Cary Land Development Ordinance
vegetation as deemed appropriate;
(C) To promote water conservation/efficiency through preserving natural areas,encouraging good soil management,and
encouraging the use of native and/or drought tolerant plant materials.
(D) To provide proper standards that ensure a high quality appearance for Cary and promote good design while also allowing
individuality,creativity,and artistic expression;and
(E) To preserve and protect the identity and character of Cary,and to enhance the business economy.
7.1.2 Applicability
The requirements of this chapter shall apply to all uses for whichsite and/or subdivision plan approval is required pursuant to
Section 3.9 of this Ordinance.
7.1.3 Pre-Application Conference
(A) A pre-application conference is required for most subdivisions and site plans submitted under Chapter 3 of this Ordinance,
and thus is required for most development proposals regulated under this chapter. Pre-application conferences are not required for
subdivisions or site plans that have already been approved and that request changes which amount to less than fifty(50)percent in
non-residential square footage or less than fifty(50)percent increase in the number of lots/units.
(B) At the pre-application conference,the applicant and Planning Department staff shall discuss the requirements of this
chapter in order to avoid relocation of major site elements after the plan is submitted for review and approval.
7.1.4 Community Appearance,Site Design Standards,and Other Documents
This chapter contains minimum legal requirements related to site design and layout,appearance,landscaping,and building
design.This chapter shall be used in conjunction with other related documents including,but not limited to,those listed in Section
1.4.These documents express Town policy and contain standards,guidelines,examples,and details needed to make this chapter
easy to understand and apply in various situations.Some of these documents contain minimum requirements that may or may not
be included within the text of this Ordinance,or may in some situations differ with this Ordinance;in such cases,the more restrictive
of the two(2)requirements shall apply.The requirements of Chapter 7 may be eligible for Minor Modifications. (See Section 3.19for
applicability.)
7.1.5 Limitations on Site Disturbance
(A) Limits of Disturbance
This Section is provided for informational purposes as a general guideline about where land disturbing activities should or
should not take place on a development site.On all development sites subject to this chapter,the following areas shall generally be
considered to be off-limits to development or land-disturbing activities,unless otherwise specified in this Ordinance:
(1) The Flood Hazard Area;
(2) Required streetscape areas as measured from the ultimate right-of-way;
(3) Undisturbed perimeter buffers,including the Thoroughfare Overlay;
(4) Zones 1,2,and 3 of all UTBs;
(5) Wetlands under the jurisdiction of the Army Corps of Engineers unless otherwise permitted by this agency;
(6) Conservation easements;
(7) Preservation areas required by applicable conditional use zoning conditions;
(8) Champion trees and required protection areas associated with such trees(e.g.root zone);and
(9) Any other areas indicated for protection by the Planning Director.
(B) Limited Disturbance or Construction Outside Limits of Disturbance
In some cases,limited disturbance or land disturbing activities may occur within the areas to be protected provided all
necessary approvals are obtained.Such activities include,but are not limited to the following:
(1) Mitigation of development activities;
(2) Restoration of previously disturbed or degraded areas;
(3) Personal gardens not operated on a for-profit basis and maintained by individual homeowners;
(4) Utility installations and emergency public safety activities;
(5) Construction of a trail or pedestrian walkway that will provide public access;
(6) The enhancement of the habitat values and/or other natural resource values of an identified natural area;
(7) Landscaping according to an approved landscaping plan;and
(8) Construction of public transit amenities,as required by Section 7.10.6 of this Ordinance.
(Ord.No.2007-04,3-22-07;Ord.No.2010-LDO-05,12-16-10;Ord.No.2011-LDO-04,11-17-11;Ord.No.2012-LDO-06,8-9-12;

Appendix C:Town of Cary Land Development Ordinance
Ord. No.2017-LDO-01,1-24-17)
7.2.14 Urban Transition Buffer Regulations
(A) The Purpose and Intent of Urban Transition Buffers
Urban Transition Buffers(UTBs or"buffers")provide a transition from waterbodies and environmentally sensitive areas
associated with waterbodies to areas which are less fragile and appropriate for more intense uses and development.Some of the
benefits of UTBs are minimizing danger to lives and properties from flooding,preserving the water carrying capacity of the
waterbodies,providing open spaces,limiting intense uses adjacent to waterbodies and environmentally sensitive areas associated
with waterbodies,and maintaining the aesthetic qualities and appearance of the Town.As part of the Town's Land Development
Ordinance,UTBs implement many of the Town's responsibilities under State and Federal law and regulations regarding stormwater
management and watershed preservation and are designed to work in conjunction with erosion and sedimentation control
regulations.The Town's water utility system uses surface water to provide drinking water to its citizens and the preservation of this
resource is important to the Town and its citizens.General UTBs are uniform and comprehensive zoning buffers which accomplish
these important benefits and purposes as well as regulating and restricting the location of buildings,structures and land,providing
yards and open spaces,all for the promotion of health,safety and the general welfare of the Town's citizens.Specialized UTBs exist
to address concerns which are not present in the Town's entire zoning jurisdiction.
(B) Establishing General Urban Transition Buffers
(1) This Section 7.2.14 shall apply to activities conducted within,or outside of with hydrologic impacts in violation of the diffuse
flow requirements set out in Section 7.2.14(B)(3)(a)(3),upon:
(a) Cape Fear Basin/Jordan Watershed
1. A one hundred(100)foot wide buffer directly adjacent to all surface waters(intermittent streams, perennial streams,
lakes,reservoirs and ponds)as approximately indicated on the most recent version of the 1:24,000 scale{'{'}seven and one-half(7.5)
minute{'}'}quadrangle topographic maps prepared by the United States Geological Survey(USGS).
2. A fifty(50)foot wide buffer approximately adjacent to any surface waters(intermittent streams, perennial streams,lakes,
reservoirs and ponds)shown on the most recent version of the Soil Survey of Wake or Chatham County, North Carolina prepared by
the Natural Resources Conservation Service of the United States Department of Agriculture and not shown on a USGS quadrangle
topographic map,or shown on a map approved by the Geographic Information Coordinating Council and by the NC Environmental
Management Commission pursuant to 15A NCAC.0267.
(b) Neuse River Basin
1. A fifty foot(50')wide buffer beginning at the landward boundary of any Neuse River Riparian Buffer mandated by
regulations adopted by the Environmental Management Commission of the State of North Carolina and established adjacent to
surface waters(intermittent streams, perennial streams,lakes,reservoirs and ponds)as approximately indicated on the most recent
version of the 1:24,000 scale('{'}seven and one-half(7.5)minute{'}'}quadrangle topographic maps prepared by the United States
Geological Survey(USGS).
(c) Wetlands adjacent to surface waters or within fifty(50)feet of surface waters shall be considered as part of theUTB but
are regulated pursuant to Rules 15A NCAC 2B.0230 and.0231, Rules 15A NCAC 2H.0500, 15 NCAC 2H .1300,and Sections 401
and 404 of the Federal Water Pollution Control Act.
(2) General UTBs are applied to specific properties as follows:
(a) Where the specific origination point of a stream regulated under subsection(B)(1)(a)is in question upon request of the
NC Division of Water Resources("Division")or another party,the Town shall make an on-site determination.A Town representative
who has the training required by 15A NCAC 02B.0267 shall establish that point using the methods described by 15A NCAC 02B
.0267.Any disputes over said on-site determinations shall be referred to the Director of the Division of Water Resources do the 401
Oversight Express Permitting Unit,or its successor,in writing.The Director's determination is subject to review as provided in
Articles 3 and 4 of G.S.Chapter 150B.
(b) When a landowner or other affected party including the Division believes that the maps referenced in subsection(B)(1)
(a)have inaccurately depicted surface waters, he or she shall consult the Town.Upon request the Town representative who has the
training required by 15A NCAC 02B.0267 shall make an on-site determination.Any disputes over said on-site determination shall be
referred to the Director of the Division of Water Resources do 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 Articles 3 and 4 of
G.S. Chapter 150B.Surface waters that appear on maps shall not be subject to these requirements if a site evaluation reveals any of
the following cases:
1. Man-made ponds and lakes that are not part of the 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 man-made water conveyances,other than modified streams.
(3) General UTBs shall have zones as follows:
General UTBs may have as many as three(3)regulatory zones.The purpose of the different regulatory zones is to provide

Appendix C:Town of Cary Land Development Ordinance
transition within General UTBs from the most fragile areas to less fragile areas and to provide some flexibility to the Town in
administering of the UTBs.The regulatory zones shall be:
(a) Cape Fear River Basin/Jordan Watershed
1. UTBs established pursuant to Section 7.2.14(B)(1)(a)(1)shall have three(3)zones:
a. Zone One shall consist of a stable,vegetated area that is undisturbed except for uses provided in subsection(E)and
Table 7.2-6.The locations of Zone One shall be as follows:For intermittent and perennial streams,Zone One shall begin at the top
of bank and extend landward a distance of thirty(30)feet on all sides of the surface water,measured horizontally on aline
perpendicular to a vertical line marking the top of the bank. 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 thirty(30)feet,measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
b. Zone Two shall consist of a stable,vegetated area that is undisturbed except for uses provided in subsection(E)and
Table 7.2-6.Zone Two shall begin at the outer edge of Zone One and extend landward twenty(20)feet as measured horizontally on
a line perpendicular to the surface water.The combined width of Zones One and Two shall be fifty(50)feet on all sides of the
surface water.
c. Zone Three shall consist of a stable,vegetated area that is undisturbed except for uses provided for in subsection(E)
and Table 7.2-6.Zone Three shall begin at the outer edge of Zone Two and extend landward fifty(50)feet as measured horizontally
on a line perpendicular to the surface water.The combined width of Zones One,Two and Three shall be one hundred(100)feet on
all sides of the surface water.
2. UTBs established pursuant to Section 7.2.14(B)(1)(a)2 shall have two(2)zones:
a. Zone One shall consist of a stable,vegetated area that is undisturbed except for uses provided in subsection(E)and
Table 7.2-6.The locations of Zone One shall be as follows:For intermittent and perennial streams,Zone One shall begin at the top
of bank and extend landward a distance of thirty(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.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 thirty(30)feet,measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
b. Zone Two shall consist of a stable,vegetated area that is undisturbed except for uses provided in subsection(E)and
Table 7.2-6.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 twenty(20)feet as measured horizontally
on a line perpendicular to the surface water.The combined width of Zones One and Two shall be fifty(50)feet on all sides of the
surface water.
3. Diffuse Flow Requirement:Diffuse flow of runoff shall be maintained in the UTBs established pursuant to Section
7.2.14(B)(1)by dispersing concentrated flow prior to its entry into the UTB and reestablishing vegetation as follows:
a. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive
velocities before the runoff enters the UTB.
b. Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the
formation of gullies;and
c. No new stormwater conveyances are allowed through the UTBs except for those specified in subsection(E)and
Table 7.2-6 addressing stormwater management ponds,drainage ditches,roadside ditches andstormwater conveyances.
(b) Neuse River Basin
General UTBs established pursuant to Section 7.2.14(B)(1)(b)shall have one(1)zone:Zone Three.Zone Three shall
consist of a stable,vegetated area that is undisturbed except for uses provided for in subsection(E)and Table 7.2-6.Zone Three
shall begin at the outer edge of the Neuse Riparian Buffer and extend landward fifty(50)feet as measured horizontally on a line
perpendicular to the surface water.The combined width of the Neuse Riparian Buffer and Zone Three shall be one hundred(100)
feet on all sides of the surface water.
(C) Establishing Specialized Urban Transition Buffers
(1) Property within Watershed Protection Overlay
In addition to the General UTBs established above,Specialized UTBs are required by the Town's Watershed Protection
Overlay(Section 4.4.6).Specialized UTBs shall overlay General UTBs,as opposed to being situated adjacent to General UTBs.The
Specialized UTBs are as follows:
(a) Low Density Development Option
In the event the Landowner elects to develop his property under the Low Density Development Option,as provided in
Section 4.4.6(F)(1),a Specialized UTB thirty(30)feet wide shall be established adjacent to all perennial surface waters including
perennial streams,lakes,reservoirs and ponds as approximately indicated on the most recent versions of USGS 1:24,000 scale
('{'}seven and one-half(7.5)minute{'}'}quadrangle topographic maps prepared by the United States Geological Survey(USGS).
(b) High Density Development Option
In the event the Landowner elects to develop his property under the High Density Development Option,as provided in
Section 4.4.6(F)(2),a Specialized UTB one hundred feet(100')wide shall be established adjacent to all perennial surface waters
including perennial streams,lakes,reservoirs and ponds as approximately indicated on the most recent versions of USGS 1:24,000

Appendix C:Town of Cary Land Development Ordinance
scale{'{'}seven and one-half(7.5)minute{'}'}quadrangle topographic maps prepared by the United States Geological Survey
(USGS).
(2) Uses Allowed Within Specialized UTBs
The uses allowed within Specialized UTBs are described in Table 7.2-6.
(3) Measurement of Specialized UTBs
Specialized UTBs shall be measured from a point perpendicular to the bank of the perennial waters.
(D) Overlap or Conflict between Urban Transition Buffers established by the Town and buffers established by State of
North Carolina or Federal Regulations
(1) In the event of an overlap or conflict between a General UTB and a Specialized UTB,the more restrictive buffer shall
govern. It is the intent of the Town that General UTBs shall provide the minimum urban transition buffer for all properties located in
the Town's zoning jurisdiction.
(2) In the event of an overlap or conflict between any buffer established by this Section 7.2.14 and any buffer or other
requirement established by another law,rule or regulation administered by the State of North Carolina or the Federal Government,
the more restrictive law,rule or regulation shall govern.
Table 7.2-5 below graphically depicts the Town's UTBs and their zones.
TABLE 7.2-5 TOWN OF CARY GENERAL AND SPECIALIZED UTBs
Type of Buffers General UTBs Watershed Overlay Buffers
Zones of Buffers ZONE 1 ZONE 2 ZONE 3 Low Density High Density
Option Option
Cape Fear River Basin
Not in Watershed overlay district
Shown on USGS map Yes Yes Yes N/A N/A
Shown on county soil map Yes Yes No N/A N/A
In watershed overlay district
Shown on USGS map Yes Yes Yes Yes[1] Yes[2]
Shown on county soil map Yes Yes No N/A N/A
Neuse River Basin
Not in Watershed overlay district
Shown on USGS map No[3] No[3] Yes N/A N/A
Shown on county soil map No[3] No[3] No N/A N/A
In watershed overlay district
Shown on USGS map No(3] No[3] Yes Yes[1] Yes[2]
Shown on county soil map No[3] No[3] No No No
[1] Minimum thirty(30)foot wide vegetative buffer and other regulations apply.See Section4.4.6 of the LDO.
[2] Minimum one hundred(100)foot wide vegetative buffer and other regulations apply.See Section4.4.6 of the LDO.
[3] Regulated by State of North Carolina.
(E) Activities Prohibited and Permitted in Urban Transition Buffers
(1) Any activity which disturbs the soil or vegetation within any Urban Transition Buffer is prohibited unless expressly permitted
by this Section 7.2.14(E)and Table 7.2-6.Table 7.2-6 describes the uses permitted in each UTB established by this Section
7.2.14(E).
(2) Uses designated as exempt,allowable,allowable with mitigation and prohibited shall have the following requirements:
(a) EXEMPT
Uses designated as exempt are allowed within the Urban Transition Buffer provided that they adhere to the limitations of
the activity as defined in subsection(E)(1)and Table 7.2-6 below.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

Appendix C:Town of Cary Land Development Ordinance
maintenance activities.
(b) ALLOWABLE
Uses designated as allowable may proceed within the Urban Transition Buffer provided that there are no practical
alternatives to the requested use as determined pursuant to Section 7.2.14(1).This includes construction,monitoring and
maintenance activities.These uses require written authorization from the Town of Cary.
(c) ALLOWABLE WITH MITIGATION
Uses designated as allowable with mitigation may proceed within the Urban Transition Buffer provided that there are no
practical alternatives to the requested use as determined pursuant to Section 7.2.14(1)and mitigation approval has been obtained
pursuant to Section 7.2.14(L).These uses require written authorization from the Town of Cary.
(d) PROHIBITED
Uses designated as prohibited or not designated as exempt,allowable,or allowable with mitigation,may not proceed within
the Urban Transition Buffer unless a variance is granted pursuant to this Section 7.2.14.
For a printer-friendly, PDF version:Table 7.2-6
TABLE 7.2-6 TOWN OF CARY GENERAL AND SPECIALIZED UTBs
Activity Exempt Allowable Allowable with Prohibited
Mitigation
Access Trails:Pedestrian access trails leading to thesurface water,docks,fishing piers,boat ramps and other water dependent
activities
Pedestrian Access trails that are restricted to the
minimum width practicable and do not exceed four
(4)feet in width of buffer disturbance,and provided X
that installation and use does not result in the
removal of trees as defined in this Ordinance and no
impervious surface is added to the UTB
Pedestrian Access trails that exceed four(4) feet
in width of buffer disturbance,the installation or use
results in the removal of trees as defined in this X
Ordinance or impervious surface is added to the
UTB
Airport facilities:
Airport facilities that impact equal to or less than
one hundred and fifty(150)linear feet of UTB X
Airport facilities that impact greater than one X
hundred and fifty(150)linear feet of UTB
Activities necessary to comply with FAA
X
requirements(e.g.radar uses or landing strips)1
Archaeological activities X
Bridges X
Canoe Access provided that installation and use
does not result in the removal of trees as defined in X
this Ordinance and.no impervious surface is added
to the UTB
Dam Maintenance activities:
Dam maintenance activities that do not cause
additional buffer disturbance beyond the footprint of X
the existing dam or those covered under the U.S.
Army Corps of Engineers Nationwide Permit No. 3
•
Dam maintenance activities that do cause
additional buffer disturbance beyond the footprint of X
the existing dam or those covered under the U.S.
Army Corps of Engineers Nationwide Permit No. 3
Drainage ditches,roadside ditches and stormwater conveyances through buffers:
New stormwater flows to existing drainage ditches,
roadside ditches,and stormwater outfalls provided
that flows do not alter or result in the need to alter X
the conveyance and are managed to minimize the
sediment,nutrients and other pollution that convey to
waterbodies

Appendix C:Town of Cary Land Development Ordinance
Realignment of existing roadside drainage ditches
retaining the design dimensions,provided that no
additional travel lanes are added and the minimum X
required roadway typical section is used based on
traffic and safety considerations
New or altered drainage ditches,roadside ditches
and stormwater outfalls provided that a stormwater
management facility is installed to control nitrogen X
and attenuate flow before the conveyance
discharges through the buffer
New drainage ditches,roadside ditches and
stormwater conveyances applicable to linear projects
that do not provide stormwater management facility X
due to topography constraints provided that other
practicable BMPs are employed.
New Drainage ditches,roadside ditches and
stormwater outfalls that do not provide control for X
nitrogen before discharging into the UTB
Excavation of the streambed in order to bring it to X
the same elevation as the invert of a ditch
Driveway crossings of streams and other surface waters subject to this Ordinance:
Driveway crossings on single family residential lots
that disturb equal to or less than twenty-five(25) X
linear feet of UTB
Driveway crossings on single family residential lots
that disturb greater than twenty-five(25)linear feet X
of UTB
In a subdivision that cumulatively disturb equal to
or less than one hundred and fifty(150)linear feet of X
UTB
In a subdivision that cumulatively disturb greater X
than one hundred and fifty(150)linear feet of UTB
Fences provided that disturbance is minimized and
installation does not result in removal of forest X
vegetation
Fences provided that disturbance is minimized and
installation does result in removal of trees as defined X
in this Ordinance
Forest harvesting[refer to 15A NCAC 02B.0233(11)
and 15A NCAC 02B .0267(14)]
Fertilizer application:
One-time fertilizer application to establish re- X
planted vegetation
Ongoing fertilizer application X
Grading and revegetation in Zone 2 and 3 only
provided that diffuse flow and the health of existing X
vegetation in Zone 1 is not compromised and
disturbed areas are stabilized
Greenway/hiking trails designed,constructed and
maintained to maximize nutrient removal and erosion
protection,minimize adverse effects on aquatic life X
and habitat and protect water quality to the
maximum extent practical
Historic preservation X
Landfills as defined by G.S. 130A-290 X
Maintenance Access on modified natural streams a
grassed travel way on one side of the water body
when less impacting alternatives are not practical.
The width and specifications of the travel way shall X
be only that needed for equipment access and
operation.The travel way shall be located to
maximize stream shading.
Mining activities:

Appendix C:Town of Cary Land Development Ordinance
Mining activities that are covered by the Mining Act
provided that new UTBs that meet the requirements X
of 7.2.14(BX3)(a)of this Ordinance are established
adjacent to the relocated channels
Mining activities that are not covered by the Mining
Act OR where new UTBs that meet the requirements
X of 7.2.14(B)(3)(a)of this Ordinance are not
established adjacent to the relocated channels
Wastewater or mining dewatering wells with
approved NPDES permit X
Non-electric utility lines:
Impacts other than perpendicular crossings in X
Zones 2 and 3 only[3]
Impacts other than perpendicular crossings in X
Zone 1[3]
Non-electric utility line perpendicular crossing of streams and other surface waters subject to this Ordinance:[3]
Perpendicular crossings that disturb equal to or
less than forty(40)linear feet of UTB with a X
maintenance corridor equal to or less than ten(10)
feet in width
Perpendicular crossings that disturb equal to or
less than forty(40)linear feet of UTB with a X
maintenance corridor greater than ten(10)feet in
width
Perpendicular crossings that disturb greater than
forty(40)linear feet but equal to or less than one
hundred and fifty(150)linear feet of UTB with a X
maintenance corridor equal to or less than ten(10)
feet in width
Perpendicular crossings that disturb greater than
forty(40)linear feet but equal to or less than one
hundred and fifty(150)linear feet of UTB with a X
maintenance corridor greater than ten(10)feet in
width
Perpendicular crossings that disturb greater than X
one hundred and fifty(150)linear feet of UTB
On-site sanitary sewage systems-new ones that X
use ground absorption
Overhead electric utility lines:
Impacts other than perpendicular crossings in X
Zones 2 and 3 only[3]
Impacts other than perpendicular crossings in X
Zone 1[1,2,3]
Overhead electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance[3]
Perpendicular crossings that disturb equal to or
less than one hundred and fifty(150)linear feet of X
UTB[1,3]]
Perpendicular crossings that disturb greater than X
one hundred and fifty(150)linear feet of UTB[1,2, 3]
Periodic maintenance of modified natural streams
such as canals and a grassed travelway on one(1) X
side of the surface water when alternative forms of
maintenance access are not practical
Piping of a stream under a permit issued by the US X
Army Corps of Engineers
Playground equipment:
Playground equipment on single family lots
provided that installation and use does not result in X
removal of vegetation

Appendix C:Town of Cary Land Development Ordinance
Playground equipment installed on lands other
than single-family lots or that requires removal of X
vegetation
Ponds created by impounding streams and not used as stormwater BMPs:
New ponds provided that an UTB that meets the
requirements of Section 7.2.14(B)(3)(a)of this X
Ordinance is established adjacent to the pond
New ponds where an UTB that meets the
requirements of Section 7.2.14(B)(3)(a)of this X
Ordinance is NOT established adjacent to the pond
Ponds:Drainage of a pond in a natural drainage way
provided that a new riparian buffer that meets the
requirements of 7.2.14(B)(1)(a),7.2.14(BX1)(c), X
7.2.14(B)(2),7.2.14(B)(3)(a),7.2.14(E), 7.2.14(H),
and Table 7.2-6 of this rule is established adjacent to
the new channel
Protection of existing structures,facilities and
streambanks when this requires additional X
disturbance of the UTB or the stream channel
Railroad impacts other than crossings of streams X
and other surface waters subject to this Ordinance
Railroad impacts other than crossings of streams and other surface waters subject to this Ordinance:
Railroad crossings that impact equal to or less
than forty(40)linear feet of UTB X
Railroad crossings that impact greater than forty
(40)linear feet but equal to or less than one hundred X
and fifty(150)feet of UTB
Railroad crossings that impact greater than one X
hundred and fifty(150)linear feet of UTB
Recreational and accessory structures in the UTB X
Removal of previous fill or debris provided that
diffuse flow is maintained and any vegetation X
removed is restored
Road impacts other than crossings of streams and X
other surface waters subject to this Ordinance
Road crossings of streams and other surface waters subject to this Ordinance:
Road crossings that impact equal to or less than X
forty(40)linear feet of UTB
Road crossings that impact greater than forty(40)
linear feet but equal to or less than one hundred and X
fifty(150)linear feet
Road crossings that are perpendicular and impact X
greater than one hundred and fifty(150)linear feet
Road Relocation:Road relocation of existing private access roads associated with public road projects where necessary for
public safety:
Relocations that are less than or equal to twenty- X
five(25)linear feet of UTB width
Relocations that are more than twenty-five(25)
linear feet of UTB width X
Scientific studies and stream gauging X
Stormwater BMPs:
Wet detention,bioretention and constructed
wetlands in Zone Two and Three if diffuse flow of X
discharge is provided
Wet detention,bioretention and constructed
wetlands in Zone One x
Stream restoration X

Appendix C:Town of Cary Land Development Ordinance
Streambank or shoreline stabilization X
•
Temporary roads:
Temporary roads that disturb less than or equal to
twenty-five(25)linear feet of UTB provided that
vegetation is restored to preconstruction topographic
and hydrologic conditions immediately after
construction is complete and replanted immediately X
with comparable vegetation,except that tree planting
may occur during the dormant season;at the end of
five(5)years the restored UTB shall comply with the
restoration criteria of section(L) below
Temporary roads that disturb greater than twenty-
five(25)linear feet of UTB provided that vegetation
is restored to preconstruction topographic and
hydrologic conditions immediately after construction
is complete and replanted immediately with X
comparable vegetation,except that tree planting
may occur during the dormant season;at the end of
five(5)years the restored UTB shall comply with the
restoration criteria of section(L) below
Temporary roads used for culvert installation or
bridge construction or replacement provided that
restoration to preconstruction topographic and
hydrologic conditions immediately after construction
is complete and replanted immediately with X
comparable vegetation,except that tree planting
may occur during the dormant season;at the end of
five(5)years the restored UTB shall comply with the
restoration criteria of section(L) below
Temporary sediment and erosion control devices:
In Zone 2 and 3 only provided that the vegetation
in Zone 1 is not compromised and that discharge is
released as diffuse flow is restored to
preconstruction topographic and hydrologic
conditions immediately after construction is complete X
and replanted immediately with comparable
vegetation,except that tree planting may occur
during the dormant season;at the end of five(5)
years the restored UTB shall comply with the
restoration criteria of section(L) below
In Zones 1,2,and 3 to control impacts associated
with uses approved by the Town or that have
received a variance provided that sediment and
erosion control for upland areas is addressed to
maximum extent practical outside the UTB and
restored to preconstruction topographic and X
hydrologic conditions immediately after construction
is complete and replanted immediately with
comparable vegetation,except that tree planting
may occur during the dormant season;at the end of
five(5)years the restored UTB shall comply with the
restoration criteria of section(L) below
In-stream temporary erosion and sediment control
measures for work within a stream channel that is X
authorized under Sections 401 and 404 of the
Federal Water Pollution Control Act
In-stream temporary erosion and sediment control X
measures for work within a stream channel
Underground electric utility lines:
Impacts other than perpendicular crossings in X
Zone 2 and Zone 3[3]
Impacts other than perpendicular crossings in X
Zone 1[3,4]
Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance:[3]
Perpendicular crossings that disturb less than or X
equal to forty(40)linear feet of UTB[3,4]
Perpendicular crossings that disturb greater than X
forty(40)linear feet of UTB[3,4]
Vegetation management:

Appendix C:Town of Cary Land Development Ordinance
Emergency fire control measures provided that
topography is restored X
Periodic mowing and harvesting of plant products X
in Zone 2 and 3 only
Planting vegetation to enhance theUTB X
Pruning forest vegetation provided that the health
and function of the forest vegetation is not X
compromised
Removal of individual trees which are in danger of
causing damage to dwellings,other structures or X
human life or are imminently endangering stability of
the streambank
Removal of individual trees which are dead, X
diseased or damaged
Removal of poison ivy X
Removal of invasive exotic vegetation as defined
in:Smith,Cherri L.1998.Exotic Plant Guidelines.
Department of Environment and Natural Resources. X
Division of Parks and Recreation.Raleigh,NC.
Guideline#30
Vehicular access roads leading to water-dependent
structures as defined in 15A NCAC 02B.0202,
provided they do not cross the surface water and X
have minimum practicable width not exceeding ten
(10)feet and where installation and use result in
disturbance of UTB
Water-dependent structures as defined in 15A
NCAC 02B.0202 where the installation and use X
result in the disturbance of UTB
Water supply reservoirs:
New reservoirs provided that an UTB that meets
the requirements of 7.2.14(B)(3)(a)of this Ordinance X
is established adjacent to the reservoir
New reservoirs where an UTB that meets the
requirements of 7.2.14(BX3)(a)of this Ordinance is X
NOT established adjacent to the reservoir
Single family residential wells X
All other wells X
Wetland,stream and buffer restoration that results in impacts to theUTB
Wetland,stream and buffer restoration that
requires Division approval for the use of a 401 Water X
Quality Certification
Wetland,stream and buffer restoration that does
not require approval for the use of a 401 Water X
Quality Certification
Wildlife passage structures X
Wooden slatted decks and associated steps in theUTB,provided the use meets the requirements of Sections7.2.14(D)and
7.2.14(E)of this Ordinance
Deck at least eight(8)feet in height and no
vegetation removed •
X
Deck less than eight(8)feet in height or
vegetation removed X
[1]Provided that,in Zone 1,all of the following WQBMPs for overhead utility lines are used.If all of these WQBMPs are not used
then the overhead utility lines shall require a no practical alternatives evaluation by the Town(Cape Fear Basin/Jordan
Watershed)or Division of Water Resources(Neuse River Basin).
A minimum zone of ten(10)feet wide immediatelyadjacent to the water body 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.

Appendix C:Town of Cary Land Development Ordinance
Vegetation root systems shall be left intact to maintain the integrity of the soil.Stumps shall remain where trees are cut.
Rip rap shall not be used unless it is necessary to stabilize a tower.
No fertilizer shall be used other than a one(1)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 ofstormwater through
the buffer.
In wetlands,mats shall be utilized to minimize soil disturbance.
[2]Provided that poles or towers shall not be installed within ten(10)feet of a water body unless the Town(Cape Fear
Basin/Jordan Watershed)or Division of Water Resources(Neuse River Basin)completes a no practical alternatives evaluation.
[3]Perpendicular crossings are those that intersect thesurface water at an angle between 75 degrees and 105 degrees.
[4]Provided that,in Zone 1,all of the following WQBMPs for underground utility lines are used.If all of these WDBMPs are not
used then the underground utility line shall require a no practical alternatives evaluation by the Town(Cape Fear Basin/Jordan
Watershed)or Division of Water Resources(Neuse River Basin).
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(1)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 ofstormwater through
the buffer.
In wetlands,mats shall be utilized to minimize soil disturbance.
(F) Description of Buffers on Site and/or Subdivision Plans
All UTBs shall be shown on all site plans and subdivision plats submitted for approval within the Town's planning jurisdiction. In
addition to UTBs,State of North Carolina and U.S.Army Corps of Engineers'jurisdictional wetlands waters and buffers shall be
shown on the inventory of natural resources required as part of site and/or subdivision plan approval.
(G) Exclusion of Urban Transition Buffer and Riparian Buffer from Lots
Generally, no single-family lots created through a site and/or subdivision plan may encroach upon any required or established
ripirian buffer or UTB,except that single-family lots platted prior to July 27,2000 shall be exempt from Zone Three of the Urban
Transition Buffer requirements.Notwithstanding the foregoing,single-family lots platted after July 27,2000 may encroach upon a
required or established ripirian buffer or UTB when all of the following conditions are met:
(1) The total area of a parcel under single ownership is not greater than five(5)acres and the Landowner establishes that
he/she is unable to use any cluster development option that may be available;
(2) The proposed subdivision consists of fewer than ten(10)lots and has no homeowners association;
(3) There is no other reason for the formation of a homeowners association(e.g.,covenant,other common areas,common
facilities,engineered stormwater control structures);
(4) The area of the UTBor ripirian buffer is subject to a permanent conservation easement or other legal instrument dedicated
to a not-for-profit conservation entity approved by the Town.All documents required for such a conveyance to a not-for-profit
conservation entity shall be provided to and approved by the Town,in writing on such instruments,prior to recording any plat
showing property proposed to be conveyed.
(H) Exemption when Existing Uses are Present and Ongoing
This Section 7.2.14 shall not apply to uses that are existing and ongoing;however,this Section 7.2.14 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 UTB as of July 27,2000 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
use is exempt from this Section.Change of ownership through purchase or inheritance is not a change of use.Activities necessary to

Appendix C:Town of Cary Land Development Ordinance
maintain uses are allowed provided that the site remains similarly vegetated,no impervious surface is added within fifty(50)feet of
the surface water where it did not previously exist as of July 27,2000 and existing diffuse flow is maintained.
(2) Projects or proposed development that are determined by the Town to meet at least one(1)of the following criteria:
(a) Project requires a 401 Certification/404 Permit and these were issued prior to July 27,2000.
(b) 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 received all required state
permits and certifications prior to July 27,2000.
(c) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01
Process(published by the US 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 July 27,
2000;or
(d) 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 US 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 July 27,2000;or
(I) Determinations 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."
(a) 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;
(b) 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
(c) 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 its assertion of"no practical alternatives":
(a) The name,address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(d) 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 UTBs associated with the activity,and the extent of UTBs on the land;
(e) An explanation of why this plan for the activity cannot be practically accomplished,reduced or reconfigured to better
minimize disturbance to the UTB, preserve aquatic life and habitat and protect water quality;and
(f) Plans for any best management practices proposed to be used to control the impacts associated with the activity.
(3) Within sixty(60)days of a complete submission,the Town shall review the entire project and make a finding of fact as to
whether the criteria of this Section 7.2.14(1)have been met.A finding of"no practical alternatives"shall result in issuance of an
Authorization Certificate. Failure to act within sixty(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:
(a) The applicant agrees,in writing,to a longer period;
(b) The Town determines that the applicant has failed to furnish requested information necessary to theTown's decision;
(c) The final decision is to be made pursuant to a public hearing;or
(d) The applicant refuses access to its records or premises for the purpose of gathering information necessary to theTown's
decision.
(4) The Town may attach conditions to the Authorization Certificate that support the purpose,spirit and intent of this Section
7.2.14.
(5) Any appeals of determinations regarding Authorization Certificates for activities in Zones One and Two shall be referred to
the Director of the Division of Water Resources,do the 401 Oversight Express Permitting Unit,or its successor.The Director's
decision is subject to review as provided in G.S.Chapter 150B,Articles 3 and 4.Any appeals of determinations regarding
Authorization Certificates for activities taking place only in Zone Three shall be pursuant to Sections 3.21 and 11.2 of this Ordinance.
(J) Modification of Urban Transition Buffers as part of Approving Development Plans
UTBs are part of the Town's overall zoning,land subdivision and land use regulations.The Town has collected these
regulations together in the Town's Land Development Ordinance(LDO).UTBs are intended to assist the Town in accomplishing the
broad and important purposes of the LDO stated in 1.3 of the LDO as well as the specific purposes stated in Sections 1.3.1-1.3.12
and 7.2.14(A). In any specific development plan,the Town reviews the entire proposed development and determines whether the
proposed development in its entirety satisfies the LDO.The Town recognizes that UTBs will affect different property and projects

Appendix C:Town of Cary Land Development Ordinance
differently and that all circumstances or applications of UTBs cannot be foreseen.Therefore,the Town has established a process by
which the width of Zone 3 of the UTB may be modified in certain limited circumstances based upon review and approval of an
applicant's application for modification which shall include the overall site development plan or subdivision plan.Any modification
granted shall be conditioned upon the implementation of the related site or subdivision plan and shall be conditioned upon the
applicant providing mitigation as set forth below.
(1) Procedures for Requesting Modifications to Zone Three
The Zoning Board of Adjustment,after receiving comment from various Town departments which review the proposed
development plan pursuant to the LDO,may reduce the total area of Zone Three after establishing the following at a quasi-judicial
hearing:
(a) The reduction will have a minimal impact upon the purposes of the General UTBs stated in Section7.2.14(A)and is
consistent with general purposes of the LDO stated in Section 1.3;and
(b) The mitigation of impacts offered by the applicant as part of the proposed development plan significantly outweighs the
impacts of the reduction to the General UTBs proposed by the applicant;and
(c) The impact of the reduction in the General UTB is balanced by mitigation,as required below:
1. Mitigation on a 1:1 ratio for restoration of a degraded buffer or for protection of ephemeral streams contiguous to
protected streams;or
2. Mitigation on a 3:1 ratio for preservation of an existing buffer;or
3. Mitigation on a 10:1 ratio for preservation of open space.
(d) The requirements of Section 7.2.14(L)(7)(c),(d),(f),(g)and(h)shall apply to any mitigation required by Section7.2.14(J)
(1)(c)above. In addition,the applicant shall submit a restoration or enhancement plan meeting the requirements of Section 7.2.14(L)
(7)(e)together with its request for modification.
(e) The preferred mitigation area is off-site.However,in some cases mitigation requirements may be met by protecting land
on-site which would otherwise not be protected through another avenue such as buffer,wetlands,floodplain or open space
requirements.
(2) In addition to the mitigation required and the considerations provided above,the Zoning Board of Adjustment may consider
other factors such as the following:
(a) Whether a substantial conflict exists between the General UTBs and other provisions and provisions of the LDO(e.g.,
the appropriate layout of streets in a proposed development conflicts with the location of the General UTBs);
(b) Whether approvals of other governmental agencies impede the effectiveness of the General UTBs or otherwise impact
the layout or development of the proposed development;or
(c) Any other information which may be relevant to the Zoning Board of Adjustment determination that the development plan
otherwise satisfies the purposes and goals of the LDO.
(3) Notwithstanding the foregoing,in the event the applicant provides written evidence that the State of North Carolina has
granted the applicant a variance to the riparian buffer required by the State of North Carolina,or if the Town has granted a minor
variance as described below in section 7.2.14(K),the Planning Director shall grant a modification to the UTBs applicable to such
applicant sufficient to permit such applicant to utilize the State variance granted.
(K) Variances
(1) Except where General UTBs are modified pursuant to Section 7.2.14(J)above,General UTBs shall not be modified or
varied unless the applicant is granted a variance pursuant to this sub-section(K).
(2) 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:
(a) 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 UTB requirements.A finding of practical difficulties or unnecessary
hardships shall require that the following conditions are met:
1. If the applicant complies with the provisions of this Ordinance,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 theproperty 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 7.2.14 that shall make reasonable use of the property possible;
2. The hardship results from application of this Section7.2.14 to the property rather than from other factors such as deed
restrictions or other hardship;
3. The hardship is due to the physical nature of the applicant'sproperty,such as its size,shape,or topography,such that
compliance with provisions of this Section 7.2.14 would not allow reasonable use of the property;
4. The applicant did not cause the hardship by knowingly or unknowingly violating this Section7.2.14;

Appendix C:Town of Cary Land Development Ordinance
5. The applicant did not purchase the property after July 14,2011 (the effective date of this Ordinance),and then request a
variance;and
6. The hardship is rare or unique to the applicant'sproperty.
(b) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and
this Ordinance and preserves its spirit;and
(c) In granting the variance,the public safety and welfare have been assured,water quality has been protected,and
substantial justice has been done.
(3) Minor Variances
A minor variance request pertains to activities that will impact Zone Two of the UTB. Minorvariance requests shall be
reviewed and approved based on the criteria in Section 7.2.14(K)(2).The Town may attach conditions to the variance approval that
support the purpose,spirit and intent of the UTB program.Request for appeals to decisions made by the Town shall be made in
writing to the Director of Water Quality,401 Oversight Express Permitting Unit,or its successor.The Directors decision is subject to
review as provided in G.S.Chapter 150B,Articles 3 and 4.
(4) 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 UTB. If Town has determined that a major variance request meets the requirements in Section 7.2.14(K)(2),then it shall
prepare a preliminary finding and submit it to the NC Environmental Management Commission do the Division of Water Resources,
401 Oversight Express Permitting Unit,or its successor,for approval.Within ninety(90)days after receipt by Town,the Commission
shall review preliminary findings on major variance requests and take one(1)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.
(5) Any use allowed by a variance which requires mitigation as a condition of variance approval shall not be undertaken until a
Mitigation Approval is issued pursuant to Section 7.2.14(L).
(L) Mitigation
(1) This item shall apply to persons who wish to impact aUTB when one(1)of the following applies:
(a) A person has received an Authorization Certificate pursuant to Section 7.2.14(1)for a proposed use that is designated as
"allowable with mitigation";or
(b) A person has received a variance pursuant to Section 7.2.14(K)and is required to perform mitigation as a condition of a
variance approval;or
(c) A person has requested a modification pursuant to Section 7.2.14(J).
(2) Issuance of the Mitigation Approval
The Town shall issue a mitigation approval upon determining that a proposal meets the requirements set out in this
Ordinance.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.
(3) Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one(1)of the following options:
(a) Payment of a mitigation fee pursuant to 15A NCAC 2B.0269 for impacts to Zone 1 and Zone 2 of theUTBonly;
(b) Donation of real property or of an interest in real property pursuant to Section 7.2.14(L)(6);or
(c) Restoration or enhancement of a non-forested riparian buffer pursuant to the requirements ofSection7.2.14(L)(7).
(4) The Area of Mitigation
The Town shall determine the required area of mitigation,which shall apply to all mitigation options identified in Section
7.2.14(K)(3)and as further specified in the requirements for each option set out in this Section,according to the following:
(a) The impacts in square feet to each zone of theUTB shall be determined by the Town by adding the following:
1. The area of the footprint of the use causing the impact to theUTB;
2. The area of the boundary of any clearing and grading activities within theUTB necessary to accommodate the use;and
3. The area of any ongoing maintenance corridors within theUTB associated with the use.
(b) The required area of mitigation shall be determined by applying the following multipliers to the impacts determined in
Section 7.2.14(K)(4)(a)of this Ordinance to each zone of theUTB:
1. Impacts to Zone One of the UTB shall be multiplied by three(3);
2. Impacts to Zone Two of the UTB shall be multiplied by one and one-half(1.5);and
3. Impacts to wetlands within the UTB that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the
mitigation ratios in 15A NCAC 2H .0506.

Appendix C:Town of Cary Land Development Ordinance
(5) The Location of Mitigation
For any option chosen for impacts in the Jordan watershed,the mitigation effort shall be located within the same
subwatershed of the Jordan watershed,as defined in 15A NCAC 02B.0262,and the same distance from the Jordan Reservoir as the
proposed impact,or closer to the Reservoir than the impact,and as close to the location of the impact as feasible.Alternatively,the
applicant may propose mitigation anywhere within the same subwatershed of the Jordan watershed,as defined in 15A NCAC
02B.0262,provided that the mitigation proposal accounts for differences in delivery of nutrients to the affected arm of Jordan
Reservoir resulting from differences between the locations of the impact and mitigation.Additional location requirements for the
property donation option are enumerated in Section 7.2.14(6)(c)1.
(6) Donation of Property
Persons who choose to satisfy their mitigation determination by donating real property or an interest in real property shall
meet the following requirements:
(a) The donation of real property interests may be used to either partially or fully satisfy the payment of a mitigation fee to
the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0272 for impacts to Zone 1 and Zone 2.The value of the property
interest shall be determined by an appraisal performed in accordance with Section 7.2.14(L)(6)(d)4.The donation shall satisfy the
mitigation determination if the appraised value of the donated property interest is equal to or greater than the required fee. If the
appraised value of the donated property interest is less than the required fee calculated pursuant to 15A NCAC 02B.0272,the
applicant shall pay the remaining balance due.
(b) The donation of conservation easements to satisfy mitigation requirements shall be accepted only if the conservation
easement is granted in perpetuity.
(c) Donation of real property interests to satisfy the mitigation determination shall be accepted only if such property meets
all of the following requirements:
1. In addition to the location requirements of Section 7.2.14(L)(5),for impacts in the Jordan watershed,the property shall
be located within an area that is identified as a priority for restoration in,or is otherwise consistent with the goals of,the Basinwide
Wetlands and Riparian Restoration Plan for the Cape Fear River Basin developed by NC Division of Water Resources pursuant to
G.S. 143-214.10;
2. The property shall contain riparian buffers not currently protected by the State's riparian buffer protection program that
are in need of restoration as defined in Section 7.2.14(L)(7);
3. The restorable riparian buffer on the property shall have a minimum length of one thousand(1000)linear feet along a
surface water and a minimum width of fifty(50)feet as measured horizontally on a line perpendicular to thesurface water;
4. The size of the restorable riparian buffer on the property to be donated shall equal or exceed the area of mitigation
responsibility determined pursuant to Section 7.2.14(L)(4);
5. Restoration shall not require removal of man-made structures or infrastructure;
6. The property shall be suitable to be successfully restored,based on existing hydrology,soils,and vegetation;
7. The estimated cost of restoring and maintaining the property shall not exceed the value of the property minus site
identification and transaction costs;
8. The property shall not contain any building,structure,object,site,or district that is listed in the National Register of
Historic Places established pursuant to Public Law 89-665,16 U.S.C.470 as amended;
9. The property shall not contain any hazardous substance or solid waste;
10. The property shall not contain structures or materials that present health or safety problems to the general public. If
wells,septic,water or sewer connections exist,they shall be filled,remediated or closed at owner's expense in accordance with state
and local health and safety regulations;
11. The property and adjacent properties shall not have prior,current,and known future land use that would inhibit the
function of the restoration effort;and
12. The property shall not have any encumbrances or conditions on the transfer of theproperty interests.
(d) At the expense of the applicant or donor,the following information shall be submitted to theTown with any proposal for
donations or dedications of interest in real property:
1. Documentation that the property meets the requirements laid out in Section 7.2.14(L)(6)(c);
2. US Geological Survey 1:24,000{'{'}seven and one-half(7.5)minute{'}'}scale topographic map,county tax map,USDA
Natural Resource Conservation Service County Soil Survey Map,and county road map showing the location of the property to be
donated along with information on existing site conditions,vegetation types,presence of existing structures and easements;
3. A current property survey performed in accordance with the procedures of the North Carolina Department of
Administration,State Property Office as identified by the State Board of Registration for Professional Engineers and Land Surveyors
in"Standards of Practice for Land Surveying in North Carolina."Copies may be obtained from the North Carolina State Board of
Registration for Professional Engineers and Land Surveyors,3620 Six Forks Road,Suite 300,Raleigh, North Carolina 27609;
4. A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina
Department of Administration,State Property Office as identified by the Appraisal Board in the"Uniform Standards of Professional

Appendix C:Town of Cary Land Development Ordinance
North Carolina Appraisal Practice."Copies may be obtained from the Appraisal Foundation, Publications Department,P.O. Box
96734,Washington, D.C.20090-6734;and
5. A title certificate.
(7) Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through riparian buffer restoration or enhancement shall meet the
following requirements:
(a) The applicant may restore or enhance a non-forested riparian buffer if either of the following applies:
1. The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to Section
7.2.14(L)(4);or
2. The area of riparian buffer enhancement is three(3)times larger than the required area of mitigation determined
pursuant to Section 7.2.14(L)(4);
(b) The location of the riparian buffer restoration or enhancement shall comply with the requirements in Section 7.2.14(L)(5);
(c) The riparian buffer restoration or enhancement site shall have a minimum width of fifty(50)feet as measured
horizontally on a line perpendicular to the surface water;
(d) Enhancement and restoration shall both have the objective of establishing a forested riparian buffer according to the
requirements of this Item.Enhancement shall be distinguished from restoration based on existing buffer conditions.Where existing
trees are sparse,defined as greater than or equal to one hundred(100)trees per acre but less than two hundred(200)trees per
acre,a buffer may be enhanced.Where existing woody vegetation is absent,defined as less than one hundred(100)trees per acre,
a buffer may be restored;
(e) The applicant shall submit a restoration or enhancement plan for approval by theTown after receiving an
Authorization Certificate for the proposed use according to the requirements of Section 7.2.14(1);after receiving a variance for the
proposed use according to the requirements of Section 7.2.14(K);or prior to requesting a modification for the proposed use
according to the requirements of Section 7.2.14(J).The restoration or enhancement plan shall contain the following:
1. A map of the proposed restoration or enhancement site;
2. A vegetation plan.The vegetation plan shall include a minimum of at least two(2)native hardwood tree species
planted at a density sufficient to provide three hundred twenty(320)trees per acre at maturity;
3. A grading plan.The site shall be graded in a manner to ensure diffuse flow through the riparian buffer;
4. A fertilization plan;and
5. A schedule for implementation.
(f) Within one(1)year after the Town has approved the restoration or enhancement plan,the applicant shall present proof to
the Town that the riparian buffer has been restored or enhanced. If proof is not presented within this timeframe,then the person shall
be in violation of both the State's riparian buffer protection program and this Section 7.2.14;
(g) The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the
property's nutrient removal functions;and
(h) The applicant shall submit annual reports for a period of five(5)years after the restoration or enhancement showing
that the trees planted have survived and that diffuse flow through the riparian buffer has been maintained.The applicant shall
replace trees that do not survive and restore diffuse flow if needed during that five(5)-year period.
(M) Site Inspections
Agents,officials,or other qualified persons authorized by the Town may periodically inspect UTBs to ensure compliance with
this ordinance. Notice of the right to inspect shall be included in the letter of approval of each variance and authorization certificate.
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 UTB.No
person shall willfully resist,delay,or obstruct an authorized representative,employee,or agent of the Town,while that person is
inspecting or attempting to inspect a UTB 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 7.2.14.
(N) Violations; Fines; Enforcement
(1) This Section 7.2.14 shall be enforced by the Town Manager or designee.Any person who fails to comply with any
provision of this Section 7.2.14 shall be in violation of this Ordinance for each occurrence or non-compliance.The disturbance or
damage of vegetation within the UTB shall constitute a violation of this Ordinance. For purposes of this Section 7.2.14,"disturbance"
shall be defined as any action that results in injury or harm to required trees,shrubbery,or other vegetation.The owner(s)of the
property which term includes their agents, heirs,and assigns,shall be fined and shall replace the disturbed or damaged vegetation
as set forth in subsections(N)(2)and(N)(3). In addition,the Town of Cary may assess civil penalties in accordance with Chapter
11 of the LDO. Each day that the violation continues shall constitute a separate offense.
(2) The area disturbed or damaged shall be revegetated to re-establish the natural landscape.The person to whom a notice
of violation is issued must submit a vegetation plan which shall include a minimum of at least two(2)native hardwood tree species
planted at a density sufficient to provide three hundred twenty(320)trees per acre at maturity. In addition,any tree with a dbh of at

Appendix C:Town of Cary Land Development Ordinance
least six(6)inches that is damaged or removed shall be replaced with one(1)or more trees that have a caliper of at least two(2)
inches and a cumulative dbh equal to or greater than the original tree.
(3) A fine of between two dollars($2.00)and four dollars($4.00)for every square foot area used by the disturbed or damaged
vegetation within the UTB shall be imposed.In determining the amount of the fine,the Town Manager or designee shall consider the
degree and extent of harm caused by the violation,the cost of rectifying the damage,and whether the violation was committed
willfully. Fines imposed pursuant to this subsection may be appealed pursuant to Section 11.2.2(D).
(0) Delegation of Authority
Any act authorized by this Section 7.2.14 to be carried out by or at the direction of the Town may be carried out by the Town
Manager or designee.
(P) Definitions
For the purpose of Section 7.2.14,these terms shall be defined as follows:
"Access Trails"means pedestrian trails constructed of pervious or impervious surfaces and related structures to access a
surface water, including boardwalks,steps, rails andsignage.
"Airport Facilities"means all properties,facilities,buildings,structures,and activities that satisfy or otherwise fall within the
scope of one(1)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);and 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,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 and maintenance of an airport or restricted landing area;easements through,or interests
in,air space over land or water, interests in airport hazards outside 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,free-standing 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 government entity such as an airport authority, in which case they are included in the definition of"airport facilities".
"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.
"DBH"means the diameter at breast height of a tree measured at four and one-half(4.5)feet above ground level surface.
"Development"means the same as defined in Rule 15A NCAC 2B .0202(23).
"Ditch or canal"means a man-made channel other than a modified naturalstream 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.
"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.
"Existing Development"means development,other than that associated with agricultural or forest management activities that
meets one(1)of the following criteria:
1. It either is built or has established a vested right based on statutory or common law as interpreted by the courts,for
projects that do not require a state permit,as of the effective date of either local new developmentstormwater programs implemented
under Rule 15A NCAC 2B.0265(Jordan Water Supply Nutrient Strategy:Stormwater Management for New Development)or,for
projects requiring a state permit,as of the applicable compliance date established in Rule 15A NCAC 2B.0271 (Jordan Water
Supply Nutrient Strategy:Stormwater Management for New Development), Items(5)and(6);or
2. It occurs after the compliance date set out in Sub-Item(4)(d)of Rule.0265(Jordan Water Supply Nutrient
Strategy:Stormwater Management for New Development)but does not result in a net increase built-upon area.
"Greenway/Hiking Trails"means pedestrian trails constructed of pervious or impervious surface and related structures
including but not limited to boardwalks,steps,rails,and signage,and that generally run parallel to the shoreline.
"High Value Tree"means a tree that meets or exceeds the following standards:for pine species,fourteen(14)-inch DBH or
greater or eighteen(18)-inch or greater stump diameter;or for hardwoods and wetland species,sixteen(16)-inch DBH or greater or
twenty-four(24)-inch or greater stump diameter.

Appendix C:Town of Cary Land Development Ordinance
"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.
"Jordan Nutrient Strategy"or"Jordan water supply nutrient strategy"means the set of Rules 15A NCAC 2B.0262 through
.0273 and.0311(p).
"Jordan Reservoir"means the surface water impoundment operated by the US Army Corps of Engineers and named B.Everett
Jordan Reservoir,as further delineated for purposes of the Jordan Nutrient strategy rule in Rule 15A NCAC 2B.0262(4).
"Jordan watershed"means all lands and waters draining to B.Everett Jordan Reservoir.
"New Development"means any development project that does not meet the definition of existing development set out in
Section 7.2.14.
"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.
"Perennial waterbody"means a natural or man-made 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).
"Referenced/reference reach"means a stablestream 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.
"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 of"hard"engineering,such as concrete lined channels,riprap,or gabions,while providing bank
stabilization,shall not be considered stream restoration.
"Stream restoration"is defined as the process of converting an unstable,altered or degradedstream 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.
"Stream"means a body of concentrated flowing water in a natural low area or natural channel on the land surface.
"Stump diameter"means the diameter of a tree measured at six(6)inches above the ground surface level.
"Surface Waters"means all waters of the state as defined in G.S. 143-212 except underground waters.
"Tree"means a woody plant with a DBH equal to or exceeding five(5)inches or a stump diameter exceeding six(6)inches.
"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.
7.3 STORMWATER MANAGEMENT
7.3.1 Purpose and Definitions
(A) This section is intended to protect water quality for present and future residents of the Town and surrounding regions by
limiting the amount of pollutants, including but not limited to nitrogen and phosphorus,in stormwater runoff.Specific objectives
include:control of nitrogen and phosphorus export from development,control of peak stormwater runoff,and the use of best
management practices.
(B) For the purpose of this section 7.3,the following definitions shall apply:
LARGER COMMON PLAN OF DEVELOPMENT ORSALE
Any area where multiple separate and distinct construction or land-disturbing activities will occur under one(1)plan. For
purposes of this definition only,a plan is any announcement or piece of documentation(including but not limited to a sign, public
notice or hearing,sales pitch,advertisement,loan application,drawing,permit application,zoning request,or computer design)or
physical demarcation(including but not limited to boundary signs,lot stakes,or survey markings)indicating that construction
activities may occur on a specific plot.
REDEVELOPMENT
Any development on previously-developed land.
7.3.2 Nutrient Reduction Requirements
(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-family 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

Appendix C:Town of Cary Land Development Ordinance
(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 grubbing,stump removal,and/or grading activity that disturbs greater than twelve thousand(12,000)square feet.
(4) 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;nitrogen calculations must follow
Town procedures for allocating undeveloped land to the site.
(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 except to the extent that it shall provide stormwater control at least equal to the
previous development.
WATER BODY
30' 20' 50*
Zee, Zoc UK 3
Edge of water body
`.., Edge of woter body
�� `�N
ti
/ ,.
/ \
-5i ZONE 1 Ware
}.._.- '2tom, ---------/el 1
„,"
U ZONE 3 Ontkoment tt$*t ,."
---'
Water Body Development Restrictions
(C) Calculation of Nitrogen and Phosphorus Export
(1) The nitrogen export from each development in the Neuse River Basin must be calculated per Town procedures and
approved by the Stormwater Manager or his or her designee.This export will be calculated in pounds per acre per year(Ib/ac/yr). For
calculating nitrogen export,refer to Controlling Urban Runoff:A Practical Manual for Planning and Designing Urban BMPs
(Schueler's Simple Method),or to the Neuse River Basin:Model Stormwater Program for Nitrogen Control Manual(Methods 1 &2),
or for calculating nitrogen export loading:
(a) Method 1 is intended for residentialdevelopments where lots are shown but the actual footprint of the buildings is not
shown on the plans.
(b) Method 2 is for residential,commercial,and industrialdevelopments when the entire footprint of the buildings,parking
lots,road,and any other built-upon area is shown.
(c) The Scheuler Simple Method may be used for newdevelopment on a case-by-case basis as approved by the Town.

Appendix C:Town of Cary Land Development Ordinance
(2) The developer shall determine the need for engineered stormwater controls to meet the loading rate targets in the Cape
Fear River Basin by using the most current approved accounting tool for nutrient loading approved by the North Carolina
Environmental Management Commission pursuant to 15A NCAC 2B .0265.
(D) 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 family,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 Ecosystem Enhancement Program 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 028 .0273(2)
through(4)and 15A NCAC 02B.0240.
TABLE 7.3-1:NITROGEN/PHOSPHORUS EXPORT REDUCTION OPTIONS
Residential Commercial/Industrial/Institutional/Local Govemment/Multifamily
Residential
If the computed export is less than 6.0 lbs/ac/yr,then the If the computed export is less than 10.0 lbs/ac/yr,then the
owner may either: owner may either:
Install BMPs to remove enough nitrogen to bring the Install BMPs to remove enough nitrogen to bring the
development down to 3.6 lbs/ac/yr in the Neuse River Basin. development down to 3.6 lbs/ac/yr in the Neuse River Basin.
Install BMPs to bring the nitrogen down to 2.2 lbs/ac/yr and Install BMPs 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 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 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. lbs/ac/yr Lower New Hope in the Cape Fear River Basin.
Pay a one-time offset payment to bring the nitrogen down to Pay a one-time offset payment to bring the nitrogen down to the
the 3.6 lbs/ac/yr in the Neuse River Basin.Pay a one-time 3.6 lbs/ac/yr in the Neuse River Basin.Pay a one-time offset
offset payment to bring the nitrogen down to 2.2 lbs/ac/yr and payment to bring the nitrogen down to 2.2 lbs/ac/yr and
phosphorus to 0.82 Ibs/ac./yr in the Upper New Hope and the phosphorus to 0.82 lbs/acyr in the Upper New Hope and the
nitrogen down to 4.4 lbs/ac/yr and the phosphorus to 0.78 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. lbs/ac/yr Lower New Hope in the Cape Fear River Basin.
Do a combination of BMPs and offset payment to achieve a Do a combination of BMPs and offset payment to achieve a 3.6
3.6 lbs/ac/yr export in the Neuse,2.2 lbs/ac/yr nitrogen and lbs/ac/yr export in the Neuse,2.2 lbs/ac/yr nitrogen and 0.82
0.82 lbs/ac/yr phosphorus in the Upper New Hope and 4.4 in the Upperhorns lbs/ac/yr phosphorus
lbs/ac/yr nitrogen and 0.78 lbs/ac/yr phosphorus in the Lower y p p New Hope and 4.4 Ibs/aGyr
New Hope. 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, If the computed nitrogen export is greater than 10.0 lbs/ac/yr,
the owner must use on-site BMPs to bring the development's the owner must use on-site BMPs to bring the development's
export down to 6.0 Ibs/acyr.Then,the owner may use one of export down to 10.0 lbs/ac/yr.Then,the owner may use one of
the three options above to achieve the reduction between 6.0 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 and 3.6 Ib/adyr 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 Upper New Hope or 4.4 lbs/ac/yr in the Lower New Hope of the
the Cape Fear River Basin. 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
and.0268.
7.3.3 Peak Runoff Control

Appendix C:Town of Cary Land Development Ordinance
There shall be no net increase in peak stormwater run-off flow leaving a development from pre-development conditions for the one
(1)-year design storm.New developments are required to minimize damage to subject streams caused by storm flows.
(A) Calculation of Peak Flow
Acceptable methodologies for computing pre-and post-development conditions for the one(1)-year design storm include:
(1) The Rational Method(used when the drainage area is two hundred(200)acres or less)
(2) The Peak Discharge Method as described in USDA Technical Release Number 55(TR-55)(drainage area is two
thousand(2,000)acres or less)
(3) The Putnam Method(drainage area is greater than two thousand(2,000)acres)
(4) USGS Regression Equations,where applicable
The same method must be used for both the pre-and post-development conditions.
(B) Exceptions to Peak Flow Control
Developments with less than ten(10)percent net increase in peak flow of the one(1)-year design storm are not required to
control peak flow for the one(1)-year storm from the site.However, if the net increase in peak flow from the new development is
greater than ten(10)percent,the entire net increase from pre-development one(1)-year design storm peak flow must be controlled.
7.3.4 Allowable Best Management Practices
Neuse River buffers and Jordan Lake Buffers required by the Division of Water Resources may not be used for compliance with
nitrogen reduction requirements; however,additional fifty(50)-foot buffers(including locally required buffers)may be used as
nitrogen control BMPs.All BMPs shall meet the standards of the most current version of the North Carolina Department of
Environment and Natural Resources Best Management Practices Manual("BMP Manual"). If specifications or guidelines of the BMP
Manual are more restrictive or apply a higher standard than other laws or regulations,that fact shall not prevent application of the
specifications or guidelines in the BMP Manual. If the standards,specifications,guidelines,policies,criteria,or other information in
the BMP Manual are amended subsequent to the submittal of an application for approval pursuant to this section 7.3 but prior to
approval,the new information shall control and shall be utilized in reviewing the application and in implementing this section 7.3 with
regard to the application.Whenever an applicant proposes to utilize a practice or practices not designed and constructed in
accordance with the criteria and specifications in the BMP 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 section 7.3.The applicant may be
required to provide the documentation,calculations,and examples necessary to determine whether such an affirmative showing is
made.
If more than one BMP is installed in series on a development,then the removal rate shall be determined through serial rather than
additive calculations. For example,if a wet detention pond discharges through a UTB,then the removal rate shall be estimated to be
forty-seven and five-tenths(47.5)percent.The pond removes twenty-five(25)percent of the nitrogen and discharges seventy-five
(75)percent into the buffer.The buffer then removes thirty(30)percent of the nitrogen discharged from the pond,which is twenty-two
and five-tenths(22.5)percent.The sum of twenty-five(25)and twenty-two and five-tenths(22.5)is forty-seven and five-tenths(47.5).
The removal rate is not twenty-five(25)percent plus thirty(30)percent.
7.3.5 Maintenance of Best Management Practices
All best management practices that are implemented to achieve nitrogen or phosphorus reduction and flow attenuation will require
complete legal documentation and a maintenance plan and must comply with all requirements of Section 4.4.6(G),Engineered
Stormwater Control Structures.
7.3.6 Illegal Discharges to the Storm Sewer System
(A) Purpose
The purpose of this ordinance is to provide for the health,safety,and general welfare of the citizens of the Town of Cary
through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required
by federal and state law.This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate
storm sewer system(MS4)in order to comply with requirements of the National Pollutant Discharge Elimination System(NPDES)
permit process.The objectives of this ordinanceare:
(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user.
(2) To prohibit illicit connections and discharges to the MS4.
(3) To establish legal authority to carry out all inspection,surveillance,monitoring,and enforcement procedures necessary
to ensure compliance with this ordinance.
(B) Applicability
This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands
unless explicitly exempted by the Town of Cary.
(C) Responsibility for Administration
The Town Manager shall administer, implement,and enforce the provisions of this ordinance.Any powers granted or duties
imposed upon the Town Manager may be delegated in writing by the Town Manager to persons or entities acting in the beneficial
interest of or in the employ of the Town.

Appendix C:Town of Cary Land Development Ordinance
(D) Compatibility With Other Regulations
This ordinance 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,
and 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 health or the
environment shall control.
(E) Severability
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,sentence,or paragraph of this
ordinance or the application thereof to any person,establishment,or circumstances shall be held invalid,such invalidity shall not
affect the other provisions or application of this ordinance.
(F) Ultimate Responsibility
The standards set forth herein and promulgated pursuant to this ordinance are minimum standards;therefore this ordinance
does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution,or unauthorized
discharge of pollutants.
(G) Discharge Prohibitions
(1) Prohibition of Illegal Discharges
No person shall throw,drain,or otherwise discharge,cause,or allow others under its control to throw,drain,or otherwise
discharge into the MS4 any pollutants or waters containing any pollutants,other than stormwater.The commencement,conduct or
continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(a) The following discharges are exempt from discharge prohibitions established by this ordinance:water line flushing,
landscape irrigation,diverted stream flows,rising ground waters,uncontaminated ground water infiltration, uncontaminated pumped
ground water,discharges from potable water sources,foundation drains,air conditioning condensation, irrigation water,springs,
water from crawl space pumps,footing drains,lawn watering, individual residential car washing,flows from riparian habitats and
wetlands,dechlorinated swimming pool discharges,and street wash water.
(b) Discharges or flow from firefighting,and other discharges specified in writing by the Town Manager or his/her designee
as being necessary to protect public health and safety.
(c) Discharges associated with dye testing;however,this activity requires a verbal notification to the Town Manager or
his/her designee prior to the time of the test.
(d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,waiver,or waste
discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency
(EPA), provided that the discharger is in full compliance with all requirements of the permit,waiver,or order and other applicable
laws and regulations,and provided that written approval has been granted for any discharge to the storm drain system.
(2) Prohibition of Illicit Connections
(a) The construction,use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(b) This prohibition expressly includes,without limitation,illicit connections made in the past,regardless of whether the
connection was permissible under law or practices applicable or prevailing at the time of connection.
(c) A person is considered to be in violation of this ordinance if theperson connects a line conveying sewage to the MS4,or
allows such a connection to continue.
(d) Improper connections in violation of this ordinance must be disconnected and redirected, if necessary,to an approved
onsite wastewater management system or the sanitary sewer system upon approval of the Town Manager.
(e) Any drain or conveyance that has not been documented in plans, maps or equivalent,and which may be connected to
the storm sewer system,shall be located by the owner or occupant of that property upon receipt of written notice of violation from the
Town Manager requiring that such locating be completed.Such notice will specify a reasonable time period within which the location
of the drain or conveyance is to be determined,that the drain or conveyance be identified as storm sewer,sanitary sewer or other,
and that the outfall location or point of connection to the storm sewer system,sanitary sewer system or other discharge point be
identified. Results of these investigations are to be documented and provided to the Town Manager
(H) Watercourse Protection
Every person owning property through which a watercourse passes,or such person's lessee,shall keep and maintain that part
of the watercourse within the property free of trash,debris, excessive vegetation,and other obstacles that would pollute,
contaminate,or significantly retard the flow of water through the watercourse. In addition,the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use,function,
or physical integrity of the watercourse.
(I) Industrial or Construction Activity Discharges
(1) Submission of Notice of Intent to the Town of Cary
(a) Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all
provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Town Manager prior to
the allowing of discharges to the MS4.

Appendix C:Town of Cary Land Development Ordinance
(b) The operator of a facility,including construction sites,required to have an NPDES permit to discharge stormwater
associated with industrial activity shall submit a copy of the Notice of Intent(NOI)to the Town Manager at the same time the
operator submits the original Notice of Intent to the EPA as applicable.
(c) The copy of the Notice of Intent may be delivered to the Town Manager either inperson or by mailing it to: Notice of
Intent to Discharge Stormwater, Stormwater Manager, 316 N.Academy Street,Cary,NC 27513.
(d) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial
activity without having submitted a copy of the Notice of Intent to do so to the Town Manager.
(J) Compliance Monitoring
(1) Right of Entry: Inspection and Sampling
The Town Manager shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as
may be necessary to determine compliance with thisordinance.
(a) If a discharger has security measures in force which require proper identification and clearance before entry into its
premises,the discharger shall make the necessary arrangements to allow access to representatives of the Town of Cary.
(b) Facility operators shall allow the Town Manager ready access to all parts of thepremises for the purposes of inspection,
sampling,examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and federal law.
(c) The Town Manager shall have the right to set up on any permitted facility such devices as are necessary in the opinion
of the Town Manager to conduct monitoring and/or sampling of the facility's stormwater discharge.The monitoring and/or sampling
of the facility's stormwater shall be at the facilities expense.
(d) The Town of Cary has the right to require the discharger to install monitoring equipment as necessary.The facility's
sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its
own expense.All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be
promptly removed by the operator at the written or oral request of the Town Manager and shall not be replaced.The costs of clearing
such access shall be borne by the operator.
(f) Unreasonable delays in allowing the Town of Cary access to a permitted facility is a violation of a storm water discharge
permit and of this ordinance.A person who is the operator of a facility with an NPDES permit to discharge storm water associated
with industrial activity commits an offense if the person denies the Town of Cary reasonable access to the permitted facility for the
purpose of conducting any activity authorized or required by this ordinance.
(2) Search Warrants
If the Town Manager has been refused access to any part of the premises from which stormwater is discharged,and he/she
is able to demonstrate probable cause to believe that there may be a violation of this ordinance,or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order
issued hereunder,or to protect the overall public health,safety,and welfare of the community,then the Town Manager may seek
issuance of a search warrant.
(K) Requirement to Prevent,Control,and Reduce Stormwater Pollutants by the Use of Best Management Practices
The Town of Cary will adopt requirements identifying Best Management Practices(BMPs)for any activity,operation,or facility
which may cause or contribute to pollution or contamination of stormwater,the storm drain system,or waters of the United States.
The owner or operator of such activity,operation,or facility shall provide,at their own expense,reasonable protection from
accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs.Further,any person responsible for a property or premise that is,or may be,the source of
an illicit discharge,may be required to implement,at said person's expense,additional structural and non-structural BMPs to prevent
the further discharge of pollutants to the MS4.Compliance with all terms and conditions of a valid NPDES permit authorizing the
discharge of storm water associated with industrial activity,to the extent practicable,shall be deemed in compliance with the
provisions of this section.These BMPs shall be part of a Stormwater Management Plan(SWMP)as necessary for compliance with
requirements of the NPDES permit.
(L) Notification of Spills
Notwithstanding other requirements of law,as soon as any person responsible for a facility or operation,or responsible for
emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or
may result in illegal discharges or pollutants discharging into storm water,the storm drain system,or waters of the United States,
said person shall take all necessary steps to ensure the discovery,containment,and cleanup of such release. In the event of such a
release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency
dispatch services.In the event of a release of non-hazardous materials,said person shall notify the Town Manager in person or by
phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice
addressed and mailed to the Town Manager within two business days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment,the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least five(5)
years.Failure to provide notification of a release as provided above is a violation of this ordinance.
(M) Violations,Enforcement,and Penalties
(1) Violations

Appendix C:Town of Cary Land Development Ordinance
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance.Any
person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined
in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety,the Town Manager is authorized
to enter upon the subject private property,without giving prior notice,to take any and all measures necessary to abate the violation
and/or restore the property.Town Manager is authorized to seek costs of the abatement as outlined in Section(P).
(2) Warning Notice
When the Town Manager finds that any person has violated,or continues to violate,any provision of this ordinance,or any
order issued hereunder,the Town Manager may serve upon that person a written Warning Notice,specifying the particular violation
believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any
offending discharge will cease.Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the
alleged violator of liability for any violations occurring before or after receipt of the Warning Notice.Nothing in this subsection shall
limit the authority of the Town of Cary to take any action,including emergency action or any other enforcement action,without first
issuing a Warning Notice.
(3) Notice of Violation
Whenever the Town Manager finds that a person has violated a prohibition or failed to meet a requirement of this ordinance,
the Town Manager may order compliance by written notice of violation to the responsible person.The Notice of Violation shall
contain:
(a) The name and address of the alleged violator;
(b) The address when available or a description of the building,structure or land upon which the violation is occurring,or has
occurred;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the
completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against theperson to whom the notice of violation
is directed;
(f) A statement that the determination of violation may be appealed to the Stormwater Manager by filing a written notice of
appeal within thirty(30)days of service of notice of violation;and
(g) A statement specifying that,should the violator fail to restore compliance within the established time schedule,the work
will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
Such notice may require without limitation:
1. The performance of monitoring,analyses,and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges,practices,or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected
property

Appendix C:Town of Cary Land Development Ordinance
5. Payment of a fine to cover administrative and remediation costs;and
6. The implementation of source control or treatment BMPs.
(4) Compensatory Action
In lieu of enforcement proceedings,penalties,and remedies authorized by this ordinance,the Town of Cary may
impose upon a violator alternative compensatory actions,such as storm drain stenciling,attendance at compliance workshops,
creek cleanup,etc.
(5) Suspension of MS4 Access
(a) Emergency Cease and Desist Orders
When the Town Manager finds that any person has violated,or continues to violate,any provision of this ordinance,or
any order issued hereunder,or that the person's past violations are likely to recur,and that the person's violation(s)has(have)
caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to
present an imminent or substantial endangerment to the health or welfare of persons or to the environment,the Town Manager
may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
1. Immediately comply with all ordinance requirements;and
2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened
violation, including immediately halting operations and/or terminating the discharge.
Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or
eliminate its endangering discharge.In the event of a discharger's failure to immediately comply voluntarily with the emergency
order,the Town of Cary may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the
United States,and/or endangerment to persons or to the environment,including immediate termination of a facility's water supply,
sewer connection,or other municipal utility services.The Town of Cary may allow the person to recommence its discharge when it
has demonstrated to the satisfaction of the Town Manager that the period of endangerment has passed,unless further termination
proceedings are initiated against the discharger under this ordinance.A person that is responsible,in whole or in part,for any
discharge presenting imminent endangerment shall submit a detailed written statement,describing the causes of the harmful
discharge and the measures taken to prevent any future occurrence,to the Town Manager within thirty(30)days of receipt of the
emergency order. Issuance of an emergency cease and desist order shall not be a bar against,or a prerequisite for,taking any
other action against the violator.
(a) Suspension due to Illicit Discharges in Emergency Situations
The Town Manager may,without prior notice,suspend MS4 discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the
environment,or to the health or welfare of persons,or to the MS4 or waters of the United States. If the violator fails to comply with a
suspension order issued in an emergency,the Town Manager may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or waters of the United States,or to minimize danger to persons.
(b) Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge.The Town Manager will notify a violator of the proposed termination of its MS4 access.
The violator may petition the Town Manager for a reconsideration and hearing.A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this Section,without the prior approval of the Town Manager.
(6) Civil Penalties
In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to
cure the violations described therein within five days,or such greater period as the Stormwater Manager shall deem appropriate,
after the Stormwater Manager has taken one or more of the actions described above,the Stormwater Manager may impose a
penalty not to exceed one thousand dollars($1000)(depending on the severity of the violation)for each day the violation remains
unremedied after receipt of the notice of violation.
(7) Criminal Prosecution
Any person that has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest
extent of the law,and shall be subject to a criminal penalty of one thousand dollars($1000)per violation per day and/or
imprisonment for a period of time not to exceed thirty(30)days.Each act of violation and each day upon which any violation shall
occur shall constitute a separate offense.
(N) Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the Town Manager.The notice of appeal must be
received within five(5)days from the date of the Notice of Violation and must specify with particularity the grounds for the appeal.
Hearing on the appeal before the court of appropriate jurisdiction shall take place within thirty(30)days from the date of receipt of
the notice of appeal.The decision of the municipal authority or their designee shall be final.
(0) Enforcement Measures After Appeal
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation,or, in the event of an
appeal,within thirty(30)days of the decision of the municipal authority upholding the decision of the Town Manager,then

Appendix C:Town of Cary Land Development Ordinance
representatives of the Town of Cary shall enter upon the subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property.It shall be unlawful for any person,owner,agent or person in
possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the
purposes set forth above.
(P) Cost of Abatement of the Violation
Within thirty(30)days after abatement of the violation,the owner of the property will be notified of the cost of abatement,
including administrative costs.The property owner may file a written protest objecting to the amount of the assessment within thirty
(30)days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the
expiration of the time in which to file an appeal,the charges shall become a special assessment against the property and shall
constitute a lien on the property for the amount of the assessment.Any person violating any of the provisions of this article shall
become liable to the Town of Cary by reason of such violation.The liability shall be paid in not more than ten(10)equal payments.
Interest at the rate of eight percent per annum shall be assessed on the balance beginning on the first day following discovery of
the violation.
(Q) Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided,any condition caused or permitted to exist in violation of any
of the provisions of this ordinance is a threat to public health,safety,and welfare,and is declared and deemed a nuisance,and may
be summarily abated or restored at the violator's expense,and/or a civil action to abate, enjoin,or otherwise compel the cessation
of such nuisance may be taken.
(R) Remedies Not Exclusive
The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal,state or
local law and it is within the discretion of the Stormwater Manager to seek cumulative remedies.The Town of Cary may recover all
attorney's fees,court costs and other expenses associated with enforcement of this ordinance,including sampling and monitoring
expenses.
7.3.7 Town of Cary NPDES Phase II Post Construction Runoff Controls
To meet the requirements of the Town of Cary NPDES Phase II Permit any new development or redevelopment as of July 1,
2005 not exempted pursuant to Section 7.3.2(B)must meet either the low density or high density option requirements described
below.
New development or redevelopment in the Swift Creek or Jordan Lake Watersheds must meet the requirements of Section 4.4.6
of the LDO. For purposes of this Section 7.3.7, impervious surface area shall be calculated pursuant to Section4.4.6(D)(2)of the
LDO and the provisions of Section 4.4.6(G)of the LDO shall apply to all engineered stormwater control structures.
(A) Low Density Projects,having no more than two(2)dwelling units per acre or no more than twenty-four(24)
percent impervious surface area for all residential and non-residential development,shall transport stormwater runoff by
vegetated conveyances to the maximum extent practicable.
(B) High Density Projects,having more than two(2)dwelling units per acre or more than twenty-four(24)percentimpervious
surface area for all residential and non-residential development,shall implement stormwater control measures that comply with
each of the following standards:
(1) The stormwater control measures shall control and treat the difference between the pre-development and post-
development conditions for the one(1)year twenty-four(24)hour storm.Runoff volume drawdown shall be a minimum of twenty-
four
(24)hours, but not more than one hundred twenty(120)hours.
(2)Engineered stormwater control structures shall be designed to achieve a minimum of eighty-five(85)percent
average annual removal for Total Suspended Solids(TSS).
7.3.8 Variance
To the extent any state or federal law or regulations requires the Town to establish a variance procedure for any requirement of
this section 7.3,excluding section 7.3.6,the variance procedure established in Section 4.4.6(1)of the LDO shall be utilized.The
provisions of section 7.3.6 shall not be subject to this requirement.
(Ord.No.05-001,1-13-05;Ord.No.05-015,9-8-05;Ord.No.06-009,adopted 4-27-06;eff.4-27-06;Ord.No.2007-04,3-22-07;
Ord.No.2008-LDO-01,9-25-08;Ord.No.2010-LDO-01,1-14-10;Ord.No.2012-LDO-08,10-11-12;Ord.No.2013-LDO-02,6-13-
13;
Ord.No.2014-LDO-03,8-14-14;Ord.No.2019-LDO-03, 10-10-19;Ord. No.2019-LDO-02, 11-21-19)
7.4 SOIL EROSION AND SEDIMENTATION CONTROL
7.4.1 Purposes
This section is adopted for the purpose of regulating land-disturbing activities in order to controlaccelerated erosion and
sedimentation and accordingly to prevent water pollution from sedimentation,to prevent accelerated erosion and sedimentation of
lakes and natural watercourses,and to prevent damage to public and private property by sedimentation during and after
construction.
7.4.2 Permit and Approval Requirements
Land-disturbing activities shall be subject to the requirements and procedures set forth in Section 3.13 of this Ordinance for

Appendix C:Town of Cary Land Development Ordinance
obtaining grading permits and the approval of erosion control plans and required permits by the U.S.Army Corps of Engineers or
other federal or state agencies responsible for regulating development in wetlands.Any required state and/or federal permits must
be obtained prior to the issuance of a grading permit.
7.4.3 General Erosion and Sedimentation Control Standards
All persons conducting land-disturbing activities shall take all reasonable measures to protect all public and private property from
damage by such activities.Any and all state and/or federal standards apply and must be met. In situations where state and/or
federal rules conflict with the provisions of this section,the more restrictive shall apply.All land-disturbing activities,except for
those exempted by Section 3.13.1 of this Ordinance,shall meet the following standards:
(A) Conveyance Channels
(1) Stream banks and drainageway channels downstream from any land-disturbing activity shall be protected from
increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity.The land-
disturbing activity shall be planned and conducted such that the velocity of stormwater runoff in the receiving watercourse at the
point of discharge resulting from a ten-year storm after development shall not exceed the greater of:
(a) The velocity as determined from Table 7.4-1 below;or
(b) The velocity in the receiving watercourse determined for the ten-year storm prior todevelopment.
TABLE 7.4-1:MAXIMUM PERMITTED VELOCITIES FOR STORMWATER DISCHARGES i
Material Feet per Second Meters per Second* '
Fine sand (noncolloidal) 2.5 0.8
Sandy loam (noncolloidal) 2.5 0.8
Silt loam (noncolloidal) 3.0 0.9
Ordinary firm loam 3.5 1.1
Fine gravel 5.0 1.5
Stiff clay(very colloidal) 5.0 1.5
Graded,loam to cobbles (noncolloidal) 5.0 1.5
Graded,silt to cobbles (colloidal) 5.5 1.7
Alluvial silts (noncolloidal) 3.5 1.1
Alluvial silts (colloidal) 5.0 1.5
Coarse gravel (noncolloidal) 6.0 1.8
•
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
•These values are for channels with straight alignment.For sinuous channels:multiply allowable velocity by 0.95 for slightly
sinuous channels;by 0.9 for moderately sinuous channels;and by 0.8 for highly sinuous channels.
(2) If the requirements of paragraph(1)above cannot be met,then the channel below the discharge point shall be designed
and constructed to withstand the expected velocity.Any channel stabilization activities involving stream bank stabilization may not
be approved without the required state and/or federal permits.
(3) Alternative and innovative measures to satisfy the intent of this paragraph(A),applied either alone or in combination,
may be used if there are no objectionable secondary consequences and the applicant can demonstrate to the Stormwater Manager
that such measures have the potential to keep stormwater discharge velocities from creating an erosion problem in the receiving
watercourse. Some alternative measures include:
(a) Avoiding increases in surface runoff volume and velocity by including measures to promote infiltration to compensate
for increased runoff from areas rendered impervious;
(b) Avoiding increases in stormwater discharge velocities by using vegetated or roughened swales or waterways in lieu
of closed drains and high-velocity paved sections;
(c) Providing energy dissipators,which may range from simple rip-rapped sections to complex structures,at the outlets
of storm drainage facilities to reduce flow velocities to the point of discharge;and/or
(d) If the watercourse velocity is greater than 2.0 F.P.S.,improving cross-sections and installing erosion-resistant linings.
(B) Slopes Left Exposed

Appendix C:Town of Cary Land Development Ordinance
Slopes left exposed shall be planted or otherwise provided with ground cover,devices,or structures sufficient to restrain
erosion within fifteen(15)calendar days after completion of any phase of grading.
(C) Design Requirements
Erosion and sedimentation control measures,structures,and devices shall be planned,designed,and constructed to provide
protection from the calculated maximum peak rate of runoff from the ten-year storm. Runoff rates shall be calculated in accordance
with the Town's Standard Specifications and Details Manual.Calculations shall be submitted with the plans and shall be drafted
and organized in a neat and readable manner.
(D) Protective Cover Required
All uncovered areas shall be provided with protective cover unless the Planning Director has granted an extension of time,for
good cause shown, upon written request of the developer or landowner.This cover shall be installed within 15 working days
(exclusive of days where seedbed preparation is not possible due to weather as determined by the Planning Director)or 90
calendar days following completion of any phase of grading,whichever period is shorter. Ground cover is not required on cleared
land forming the future basin of a planned reservoir.
(E) Activity Near Watercourse
All land-disturbing activities near a lake or natural watercourse shall provide erosion and sedimentation control measures.An
undisturbed buffer may be used as an erosion/sedimentation control measure, provided that the undisturbed zone shall be of
sufficient width to confine visible siltation within the 25 percent of the undisturbed zone nearer to theland-disturbing activity.This
requirement shall not apply to land-disturbing activities for the construction of facilities to be located on,over,or under a lake or
natural watercourse.
(F) Protection During Construction
During construction, soil erosion and sedimentation control practices and devices shall be employed that are sufficient to retain
the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development
of said tract in accordance with plans approved by the Town.
(G) Limits on Single-Family Lot Grading
Grading and Erosion Control Plans submitted as part of a site/subdivision plan associated with residential development that
has a gross density of three(3)units per acre or less are limited to clearing and disturbing only the land area required to install
the infrastructure to serve the development(e.g., sewer and water lines, roads,storm water devices,greenways, and similar
infrastructure).Until a building permit is issued for a lot, each lot must remain undisturbed,with the exception of portions of a lot
impacted by the installation of infrastructure. Exceptions to grade upon a lot prior to the issuance of a building permit may be
granted as a modification to the original plan approved by the Town, if there is sufficient justification(e.g., problematic drainage
issues and/or severe topographic issues).
(H) Limit on Grading Area for Medium Density Residential Developments
Site/subdivision plans containing residential development with a gross density not exceeding eight(8)units per acre shall not
grade more than twenty-five(25)acres per phase or section of development. Each twenty-five(25)acre phase or section of
development must be stabilized and seeded meeting the requirements of this ordinance prior to grading an additional phase or
section of development. Exceptions to this requirement may be granted as a modification to the original plan approved by the Town
if compliance is not practicable due to physical site constraints,such as topography, presence of stream buffers or other natural
features,or lot dimensions;or due to presence of existing development or infrastructure.
(I) Installation of Required Landscape After Grading
See Section 7.2.3,Requirements for Perimeter Buffers and Landscape Areas,for the specific requirements.
(J) Compliance with Town Manual
In addition to the standards set forth in this section,all soil erosion and sedimentation control measures shall conform to the
applicable minimum standards set forth in the Town's Standard Specifications and Details Manual.
(Ord. No. 2009-LDO-01,2-12-09; Ord. No.2010-LDO-05,12-16-10)
7.4.4 Basic Control Objectives for Erosion Control Plans
In addition to meeting the standards of this Section7.4.3 above,all erosion control plans submitted for approval under Section
3.13 of this Ordinance shall be developed and implemented in accordance with the following objectives:
(A) Identify Especially Vulnerable Areas
On-site areas that are subject to severe erosion,and off-site areas that are especially vulnerable to damage from erosion
and/or sedimentation,shall be identified and receive special attention.
(B) Limit Time of Exposure
All land-disturbing activities shall be planned and conducted to limit exposure to the shortest feasible time.
(C) Limit Exposed Area
All land-disturbing activities shall be planned and conducted to minimize the size of the area to be exposed at any one(1)
time.

Appendix C:Town of Cary Land Development Ordinance
(D) Control Surface Water
Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion andsediment loss during
the period of exposure.
(E) Control Sedimentation
All land-disturbing activities shall be planned and conducted so as to prevent off-site sedimentation damage.
(F) Manage Stormwater Runoff
When the increase in the velocity of stormwater runoff resulting from a land-disturbing activity is sufficient to cause
accelerated erosion of the receiving watercourse,erosion control plans shall include measures to control the velocity at the point of
discharge so as to minimize accelerated erosion of the site and increased sedimentation of thestream.
7.4.5 Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person conducting the borrow orwastedisposal activity,areas
from which borrow is obtained and which are not regulated by the Mining Act of 1971 (G.S.74-46 et seq.,as amended),and waste
areas for surplus materials other than landfills regulated by the N.C.Department of Human,Environment,and Natural Resources,
Division of Solid Waste Management,shall be considered as part of the land-disturbing activity from where the borrow material is
being used or from which the waste material originated.When the person conducting the land-disturbing activity is not the person
obtaining the borrow and/or disposing of the waste,these areas shall be considered a separate land-disturbing activity.
7.4.6 Access and Haul Roads
Temporary access and haul roads,other than public roads,constructed or used in connection with anyland-disturbing activity
shall be considered a component of such activity.
7.4.7 Operations in Lakes or Natural Watercourses
Land-disturbing activities for construction in,on,over,or under a lake or natural watercourse shall be planned and conducted so
as to minimize the extent and duration of disturbance of the stream channel or lakebed.Where relocation of astream is an essential
component of the proposed activity,the relocation shall be planned and executed so as to minimize changes in the stream flow
characteristics,except where the developer or landowner demonstrates to the Planning Director that significant alteration to the flow
characteristics is justified.
(Ord.No.2013-LDO-02,6-13-13;Ord.No.2014-LDO-03,8-14-14;Ord.No.2019-LDO-03,10-10-19)
7.5 FLOOD DAMAGE PREVENTION
7.5.1 Purpose;Enforcement
(A) The Flood Hazard Area of the Town is subject to periodic inundation that could result in loss of life andproperty,hazards
to public health and safety,disruption of commerce and governmental services,damage to and disruption of public utilities,
extraordinary public expenditures for flood protection and relief,and impairment of the tax base,all of which adversely affect the
public health,safety,and general welfare.These losses and hazards are caused by the cumulative effect of obstructions in
floodplains,which increase flood heights and velocities,and by the occupancy in flood-prone areas by uses that are vulnerable to
floods,or hazardous to other properties, because they are inadequately elevated,flood proofed,or otherwise protected from flood
damages.Therefore,the regulations set forth in this section are designed to:
(1) Restrict or prohibit uses that are dangerous to health,safety,and property due to water or erosion or in flood heights
or velocities;
(2) Require that uses that are vulnerable to floods,including facilities that serve such uses,be protected against flood
damage at the time of initial construction;
(3) Control the alteration of natural floodplains,stream channels,and natural protective barriers that accommodate
and restrain floodwaters;
(4) Prevent or control filling,grading,dredging,and otherdevelopment that may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase
flood hazards to other lands;
(6) To ensure that potential homebuyers are notified that property is in a flood-prone area.
(B) The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations.Larger floods can and will occur on rare occasions. Flood heights may be increased by
manmade or natural causes.This section does not imply that land outside theFlood Hazard Area will be free from flooding or
flood damages.Neither shall this section create liability on the part of the Town or by any officer or employee thereof for any
flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
(C) In the interpretation and application of this section,all provisions shall be considered as minimum requirements,shall be
liberally construed in favor of the Town,and shall be deemed neither to limit nor repeal any other powers granted to the Town
under state statutes.
(D) This Section 7.5 shall be enforced by the Town Manager or designee.Any person who fails to comply with any provision
of this Section 7.5 shall be in violation of this Ordinance.
7.5.2 Applicability

Appendix C:Town of Cary Land Development Ordinance
(A) Applicability
This section 7.5 shall apply to the Special Flood Hazard Area and the Future Conditions Flood Hazard Area.Additionally,
section 7.5.9(Downstream Impact Analysis)shall apply to all development that requires a stormwater management plan.
SPECIAL FLOOD HAZARD AREA
(1%Annual Chance Flood Plain)
i •
Flood Fridge Flood Way, Stream Channel Flood Way, Flood Fringe• „,
•
SPECIAL FLOOD HAZARD AREA
(B) Exemptions
(1) All new residential construction and substantial residential improvements proposed on a parcel of land that has no
buildable area outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area,and that was platted prior to
June 1978,shall be exempt from the requirements for residential construction set forth in this section, but shall be developed in
strict accordance with the requirements for non-residential construction.
(2) Residential subdivisions submitted for review prior to May 10,2001,shall be exempted from the requirements
prohibiting the platting of lands located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas,provided
the section complies with the requirements in place prior to May 10,2001.
(3) Site and/or subdivision plans submitted prior to May 10,2001,and all new residential construction or substantial
residential improvements proposed on a platted lot that is located within the Special Flood Hazard Area or Future Conditions Flood
Hazard Area, but was not so located at the time it was platted,shall be exempt from the requirement to obtain a special use permit
forfilling in the flood fringe portion of the Special Flood Hazard Area or the Future Conditions Flood Hazard Area but shall submit a
floodplain development permit application.An engineering study must be performed to determine whether an adverse impact will
result from filling in the flood fringe portion of the Special Flood Hazard Area or Future Conditions Flood Hazard Area and must be
submitted
with the floodplain development permit application. For purposes of this Section 7.5.2,an"adverse impact"includes,but is not
limited to,a reduction of floodplain storage greater than ten(10)percent,an increase in one hundred(100)year average channel
velocities greater than ten(10)percent,an increase in one hundred(100)year average channel velocities greater than ten(10)
percent,or the potential for aggravating a known existing drainage problem,or creating a new drainage problem as determined
by the Stormwater Manager.If an adverse impact will result,the construction or improvements must meet the requirements for
new non-residential construction and substantial improvements to non-residential construction contained in Section 7.5.3(C)and
(D)(2).
(C) Study Required
Residential development that contains a watercourse that has a contributory drainage area of fifty(50)acres or greater shall
require the applicant to provide a signed and sealed engineered study prepared by a qualified professional that determines the
extent of the Special Flood Hazard Area.
7.5.3 Development Restrictions and Related Standards In and Near Special Flood Hazard Areas and Future
Conditions Flood Hazard Areas
(A) Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas
determined in accordance with Section 7.5.2(A)of this ordinance.
(B) Development Restrictions
In general, no development is allowed in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas unless one
or more of the following are met:
(1) A special use is approved;
(2) The property/use is exempted from this requirement;and/or
(3) The development is for roads,greenways,pedestrian crossings,park-related equipment,or public utilities and
facilities such as wastewater,gas,electrical,and water systems that are located and constructed to minimize flood damage.
Structures for pedestrian crossings(e.g.,footbridges, etc.), playground equipment,and other similar items may be permitted
if the applicant provides certification by a professional registered engineer, architect, or landscape architect that these
encroachments will not result in any increase in flood levels during the base flood.
(C) Development Standards

Appendix C:Town of Cary Land Development Ordinance
No structure or land shall hereafter be located,extended,converted,altered,or developed in any way without full compliance
with the terms of this ordinance and other applicable regulations.
If development or encroachments are permitted,the following standards shall apply in Special Flood Hazard Areas and
Future Conditions Flood Hazard Areas.
(1) All new non-residentialconstruction and substantial improvements to existing non-residentialconstruction shall be:
(a) Anchored to prevent flotation,collapse,or lateral movement of the structure;and
(b) Constructed with materials and utility equipment resistant to flood damage;and
(c) Constructed by methods and practices that minimize flood damage.
(2) All new and replacement electrical,heating,ventilation,plumbing,air conditioning equipment,and other service
facilities shall be designed and constructed to prevent water from entering or accumulating in or on the components.
(3) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into
the system.
(4) New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into
the system and discharges from the system into flood waters.
(5) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them duringflooding.
(6) Nothing in this ordinance shall prevent the repair,reconstruction,or replacement of a building orstructure existing on
the effective date of this ordinance and located totally or partially within the floodway, non-encroachment area,or stream
setback,provided there is no additional encroachment below the regulatory flood protection elevation in the floodway,non-
encroachment area,or stream setback,and provided that such repair,reconstruction,or replacement meets all of the other
requirements of this ordinance.
(7) New solid waste disposal facilities and sites, hazardous waste management facilities,salvage yards,and chemical
storage facilities shall not be permitted in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas,except by
varianceas specified in Section 3.20.A structure or tank for chemical or fuel storage incidental to an allowed use or to the operation
of a water treatment plant or wastewater treatment facility may be located in a Special Flood Hazard Area or a Future Conditions
Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation
and certified according to Section 7.5.2(E)(3)of this ordinance.
(D) Additional Development Standards and Restrictions for Areas with Established Base Flood Elevation Data
(1) Residential Construction
(a) New construction of or substantial improvements to any residentialstructure shall be located outside Special Flood
Hazard Areas and Future Conditions Flood Hazard Areas and shall have the lowest floor,including basement,elevated no lower
than the regulatory flood protection elevation as defined."Substantial improvement"is defined in Chapter 12.
REGULATORY :.■ :
FLOODPLAIN
i/./'f /1,>; 0M711*%�.I%!%%. // ,Base Floodplain
A .Elevation
,///4_AZ
Min. 2'-0" I f'
above Floodplain
Elevation
Residential Construction
2"-0"above Base Flood Elevation
Residential Construction 2'-0"above Base Flood Elevation
(b) No proposed building lot that is wholly or partly subject to flooding shall be approved unless there is established on the
final plat a line representing an actual contour as determined by field survey at elevation of the regulatory flood protection elevation
as determined by the Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps,or by other studies approved
by the Town.Such a line shall be known and identified on the site and/orsubdivision plan and final plat as the"Building Restriction
Floodline."
(c) Placement of fill within the floodway,non-encroachment area,and/or flood fringe is prohibited unless such activities are
authorized through a Special Use Permit.
(d) Subdivisions submitted after May 10,2001, may not plat house lots located within Special Flood Hazard Areas orFuture

Appendix C:Town of Cary Land Development Ordinance
Conditions Flood Hazard Areas unless one of the following exemptions are met:
1. This requirement does not apply to subdivisions within Planned Developments provided that the master plan and/or
conditions have exempted lots from this provision.
2. The Town Council may allow these areas to be included in lots only when all of the following conditions are met:
a. The Special Flood Hazard Area or Future Conditions Flood Hazard Area impacts a limited section of thesubdivision
(i.e.,less than ten percent(10%)of the total land area of the subdivision);
b. There is no other reason for the formation of a homeowner's association to retain ownership and maintenance
responsibility for the Special Flood Hazard Area or Future Conditions Flood Hazard Area(e.g.,covenant,other common areas);
c. The Special Flood Hazard Area or Future Conditions Flood Hazard Area is placed in a permanent maintenance
easement prior to plat recordation.
(2) Non-Residential Construction Approved within Special Flood Hazard Areas and Future Conditions Flood Hazard
Areas
(a) New construction of or substantial improvements to any commercial,industrial,or othernon-residentialstructureshall
have the lowest floor,including basement,elevated no lower than the regulatory flood protection elevation as defined in Chapter 12,
with attendant utilities and sanitary facilities flood-proofed.
(b) For all new construction and substantial improvements,fully enclosed areas below the lowest floor that are subject to
flooding shall be designed to automatically equalize hydrostatic flood forces on the exterior walls by allowing for the entry and exit of
floodwaters.Designs for meeting this requirement must be certified by a registered Professional Engineer or architect,or must meet
or exceed the following minimum criteria:
1. A minimum of two(2)openings having a total net area of not less than one(1)square inch for every square foot of
enclosed area subject to flooding shall be provided;
2. The bottom of all openings shall be no higher than one(1)foot above grade;
3. Openings may be equipped with screens,louvers,or other coverings or devices,provided that they permit the
automatic entry and exit of floodwaters;and
4. A registered professional engineer or architect shall certify to the Town Manager that the standards of this section are
satisfied.

Appendix C:Town of Cary Land Development Ordinance
(E) Application Requirements
(1) Application for a floodplain development permit shall be made to the Stormwater Manager prior to any development
activities located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas.The following items shall be
presented to the Stormwater Manager to apply for a floodplain development permit:
(a) A plot plan drawn to scale which shall include,but shall not be limited to,the following specific details of the proposed
floodplain development:
1. the nature,location,dimensions,and elevations of the area ofdevelopment/disturbance;existing and proposed
structures,utility systems,grading/pavement areas,fill materials,storage areas,drainage facilities,and otherdevelopment;
2. the boundary of the Special Flood Hazard Area or Future Conditions Flood Hazard Area as delineated on the FIRM or
other flood map as determined in Section 7.5.2(A),or a statement that the entire lot is within the Special Flood Hazard Area or Future
Conditions Flood Hazard Area;
3. flood zone(s)designation of the proposed development area as determined on the FIRM or other flood map as
determined in Section 7.5.2(A);
4. the boundary of the floodway(s)or non-encroachment area(s)as determined in Section7.5.2(A);
5. the Base Flood Elevation(BFE)or Future Conditions Flood Elevation where provided as set forth in Section7.5.2(A),
Section 7.5.4;
6. the old and new location of any watercourse that will be altered or relocated as a result of proposeddevelopment;
7. certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation,and method thereof,of all development within a Special Flood Hazard Area or Future Conditions
Flood Hazard Area including but not limited to:
1. Elevation in relation to mean sea level of the proposed reference level(including basement)of allstructures;
2. Elevation in relation to mean sea level to which anynon-residentialstructure in Zone AE,A or X(Future)will be flood-
proofed;and
3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated orfloodproofed;
(c) If floodproofing,a Floodproofing Certificate(FEMA Form 81-65)with supporting data and an operational plan that
includes, but is not limited to, installation,exercise,and maintenance of floodproofing measures.
(d) A Foundation Plan,drawn to scale,which shall include details of the proposed foundation system to ensure all
provisions of this ordinance are met.These details include but are not limited to:
1. The proposed method of elevation,if applicable(i.e.,fill,solid foundation perimeter wall,solid backfilled foundation,
open foundation on columns/posts/piers/piles/shear walls);
2. Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with Section7.5.3(D)(2)(b)1 4,
when solid foundation perimeter walls are used in Zones A,AE and X(future);
(e) Usage details of any enclosed areas below the regulatory flood protection elevation.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer,gas,electrical,and water systems to
be located and constructed to minimize flood damage;
(g) Copies of all other Local,State and Federal permits required prior to floodplain development permit issuance(Wetlands,
Endangered Species, Erosion and Sedimentation Control, Mining,etc.)
(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures,when applicable,to ensure
Section 7.5.3(G)(5)(b)ordinance are met.
(i) A description of proposed watercourse alteration or relocation,when applicable,including an engineering report on the
effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream
and downstream;and a map(if not shown on plot plan)showing the location of the proposed watercourse alteration or relocation.
(2) Permit Requirements
The floodplain development permit shall include,but not be limited to:
(a) A description of the development to be permitted under the floodplain development permit.
(b) The Special Flood Hazard Area or Future Conditions Flood Hazard Area determination for the proposeddevelopment
per available data specified in Section 7.5.3(A).
(c) The regulatory flood protection elevation required for the reference level and all attendant utilities.
(d) The regulatory flood protection elevation required for the protection of all public utilities.
(e) All certification submittal requirements with timelines.
(f) A statement that no fill material or otherdevelopment shall encroach into the floodway or non-encroachment area of any

Appendix C:Town of Cary Land Development Ordinance
watercourse,as applicable.
(g) The flood openings requirements, if in Zones A,AE or X(Future).
(3) Certification Requirements
(a) Elevation Certificates
1. An Elevation Certificate(FEMA Form 81-31)is required prior to the actual start of any new construction. It shall be the
duty of the permit holder to submit to the Stormwater Manager a certification of the elevation of the reference level,in relation to
mean sea level.The Stormwater Manager shall review the certificate data submitted.Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required
corrections shall be cause to deny a floodplain development permit.
2. An Elevation Certificate(FEMA Form 81-31)is required after the reference level is established.Within seven(7)
calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Stormwater
Manager a certification of the elevation of the reference level, in relation to mean sea level.Any work done within the seven(7)day
calendar period and prior to submission of the certification shall be at the permit holder's risk.The Stormwater Manager shall review
the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to
further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to
issue a stop-work order for the project.
3. A final as-built Elevation Certificate(FEMA Form 81-31)is required after construction is completed and prior to
Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit holder to submit to the Stormwater Manager a
certification of final as-built construction of the elevation of the reference level and all attendant utilities.The Stormwater Manager
shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately
and prior to Certificate of Compliance/Occupancy issuance. In some instances,another certification may be required to certify
corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
(b) Floodproofing Certificate
If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements,a Floodproofing
Certificate(FEMA Form 81-65),with supporting data and an operational plan, is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the Stormwater Manager a certification of the floodproofed design
elevation of the reference level and all attendant utilities, in relation to mean sea level.Floodproofing certification shall be prepared
by or under the direct supervision of a professional engineer or architect and certified by same.The Stormwater Manager shall
review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval.
Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(c) If a manufactured home is placed within Zone A,AE or X(Future)and the elevation of the chassis is more than thirty-six
(36)inches in height above grade,an engineered foundation certification is required per Section 7.5.7(A),(B)and(C).
(d) If a watercourse is to be altered or relocated,a description of the extent of watercourse alteration or relocation;a
professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and
the effects to properties located both upstream and downstream;and a map showing the location of the proposed watercourse
alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
(e) Certification Exemptions
The following structures,if located within Zone A,AE or X(Future),are exempt from the elevation/floodproofing certification
requirements specified in items(a)and(b)of this subsection:
1. recreational Vehicles meeting requirements of Section 7.5.4(F);
2. temporary Structures meeting requirements of Section 7.5.4(F);and
3. accessory Structures less than one hundred fifty(150)square feet meeting requirements of Section7.5.3(H).
(F) Additions/Improvements
(1) Elevated Buildings
Fully enclosed area,of new construction and substantially improved structures,which is below the lowest floor:
(a) shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access,or
limited storage of maintenance equipment used in connection with the premises.Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles(garage door)or limited storage of maintenance equipment(standard exterior door), or
entry to the living area(stairway or elevator).The interior portion of such enclosed area shall not be finished or partitioned into
separate rooms,except to enclose storage areas;
(b) shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation;
(c) shall include, in Zones A,AE and X(Future),flood openings to automatically equalize hydrostatic flood forces on walls
by allowing for the entry and exit of floodwaters.To meet this requirement,the openings must either be certified by a qualified
professional or meet or exceed the following minimum design criteria;
1. a minimum of two(2)flood openings on different sides of each enclosed area subject toflooding;

Appendix C:Town of Cary Land Development Ordinance
2. the total net area of all flood openings must be at least one(1)square inch for each square foot of enclosed area
subject to flooding;
3. if a building has more than one(1)enclosed area,each enclosed area must have flood openings to allow floodwaters to
automatically enter and exit;
4. the bottom of all required flood openings shall be no higher than one(1)foot above the adjacent grade;
5. flood openings may be equipped with screens,louvers,or other coverings or devices, provided they permit the
automatic flow of floodwaters in both directions;and
6. enclosures made of flexible skirting are not considered enclosures for regulatory purposes,and,therefore,do not
require flood openings.Masonry or wood underpinning,regardless of structural status,is considered an enclosure and requires flood
openings as outlined above.
(G) Additions/Improvements to Existing Structures
(1) For additions and/or improvements to pre-FIRM structures located within the Special Flood Hazard Area or Future Flood
Conditions Hazard Area when the addition and/or improvements in combination with any interior modifications to the existing
structure are:
(a) not a substantial improvement,the addition and/or improvements must be designed to minimize flood damages and
must not be any more non-conforming than the existing structure.
(b) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the
standards for new construction contained in Section 7.5.3(C)and(D).
(2) Additions to post-FIRM structures located within the Special Flood Hazard Area or Future Flood Conditions Hazard Area
with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply
with the standards for new construction contained in Section 7.5.3(C)and(D).
(3) Additions and/or improvements to post-FIRM structures located within the Special Flood Hazard Area or Future Flood
Conditions Hazard Area when the addition and/or improvements in combination with any interior modifications to the existing
structure are:
(a) not a substantial improvement,the addition and/or improvements only must comply with the standards for new
construction contained in Section 7.5.3(C)and(D).
(b) a substantial improvement, both the existing structure and the addition and/or improvements must comply with the
standards for new construction contained in Section 7.5.3(C)and(D).
(4) For either a pre-FIRM or post-FIRM structure located within the Special Flood Hazard Area or Future Flood Conditions
Hazard Area,where an independent perimeter load-bearing wall is provided between the addition and the existing building,the
addition(s)shall be considered a separate building and only the addition must comply with the standards for new construction
contained in Section 7.5.3(C)and(D).
(5) Recreational Vehicles
Recreational vehicles shall either:
(a) be on site for fewer than one hundred and eighty(180)consecutive days and be fully licensed and ready for highway use
(a recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the site only by quick disconnect
type utilities,and has no permanently attached additions);or
(b) meet all the requirements for new construction.
(6) Temporary Non-Residential Structures
Prior to the issuance of a Floodplain Development Permit for a temporary structure,the applicant must submit to the Stormwater
Manager a plan for the removal of such structure(s)in the event of a hurricane,flash flood or other type of flood warning notification.
The following information shall be submitted in writing to the Stormwater Manager for review and written approval;
(a) a specified time period for which the temporary use will be permitted.Time specified may not exceed three(3)months,
renewable up to one(1)year;
(b) the name,address,and phone number of the individual responsible for the removal of the temporary structure;
(c) the time frame prior to the event at which a structure will be removed(i.e., minimum of seventy-two(72)hours before
landfall of a hurricane or immediately upon flood waming notification);
(d) a copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure;and
(e) designation,accompanied by documentation,of a location outside the Special Flood Hazard Area or Future Conditions
Flood Hazard Area,to which the temporary structure will be moved.
(H) Accessory Structures
When accessory structures(sheds,detached garages,etc.)are to be placed within a Special Flood Hazard Area or Future
Conditions Flood Hazard Area,the following criteria shall be met:
(1) Accessory structures shall not be used for human habitation(including working,sleeping,living,cooking or restroom

Appendix C:Town of Cary Land Development Ordinance
areas);
(2) Accessory structures shall not be temperature-controlled;
(3) Accessory structures shall be designed to have low flood damage potential;
(4) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow
of floodwaters;
(5) Accessory structures shall be firmly anchored in accordance with Section 7.5.3(C)(1);
(6) All service facilities such as electrical shall be installed in accordance with Section 7.5.3(D)(2)(a);
(7) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood
protection elevation in conformance with Section 7.5.3(D)(2)(b)1-4.
An accessory structure with a footprint less than one hundred fifty(150)square feet that satisfies the criteria outlined above
does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory
structures in accordance with Section 7.5.3(E)(3).
7.5.4 Limitations on Encroachments in Floodways and Non-Encroachment Areas
Floodways and non-encroachment areas, located within the Special Flood Hazard Area or Future Conditions Flood Hazard Areas,
are extremely hazardous areas due to the velocity of flood waters that carry debris,potential projectiles,and the potential for erosion.
Therefore,encroachments, including fill, in floodways or non-encroachment areas are permitted only in limited circumstances and
only under the following restrictions:
(A) There shall be no encroachment, including fill, unless the applicant has received a Special Use Permit(see Section3.8)or
the use is permitted(see Section 7.5.3(A).The applicant for a special use involving the floodway portion of a Special Flood Hazard
Area or Future Conditions Flood Hazard Area shall provide certification by a professional registered engineer,architect,or landscape
architect that the encroachment will not result in any increase in flood levels during the discharge of the base flood or provide a
Conditional Letter or Map Revision issued by the Federal Emergency Management Agency.
(B) Once paragraph(A)above is satisfied,all new construction and substantial improvements shall comply with all applicable
flood hazard reduction requirements of this section.
7.5.5 Standards for Streams without Established Base Flood Elevations
Located within Special Flood Hazard Areas are small streams where no base flood data has been provided. The following
provisions apply within such areas:
(A) No encroachments,including fill, new construction,substantial improvements,or newdevelopment,shall be permitted within
a distance of the stream bank equal to five(5)times the width of the stream at the top of the bank or twenty(20)feet each side from
the top of the bank,whichever is greater, unless a special use is approved or the use is permitted.
jrzz"7"""m4S"
X IX '
(Mild 1.�
,i/////ii�%%i '%%%%%%%%%%%%%!, Base Floodplain
-E'levation
Min. 2"-0"
when Base Flood
Elevation is
available
New Construction near Streams

Appendix C:Town of Cary Land Development Ordinance
J No encroodiment No encroachment
area Jx'j
area
5X Stream 5X
or 20'min. or 20'min.
whichever is greater whichever is greater
Standards for Streams without Established Base Flood Elevations
(B) In cases where the streams lacking base flood data are USGS or County Soils Map streams,then the limitations upon
encroachments shall apply to the entire area within the associated UTBs,or an area five(5)times the width of the stream at the top
of the bank,whichever is greater.
(C) If paragraph(A)above is satisfied,and base flood elevation data is available from other sources,all newconstruction and
substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of this Section and
shall be elevated or flood-proofed in accordance with elevations established under Section 7.5.2.When base flood elevation data is
not available from a federal,state,or other source,the lowest floor,including basement,shall be elevated to or above the regulatory
flood protection elevation as defined in Chapter 12.
7.5.6 Cross Drainage Area Standards and Restrictions
For any new proposed development subject to flooding which includes,but is not limited to,those lots along any significant
watercourse,whether or not the stream or water course is enclosed with a pipe or culvert;the applicant shall make a determination of
the crest elevation of the flood expected to be equaled or exceeded that has a one(1)percent chance of annual occurrence in
accordance with generally accepted engineering practice,which is to be submitted with the seal and signature of a Professional
Engineer to the Town.Any new construction of,or substantial improvements(see Chapter 12,Definitions)to,any residential or non-
residential structure shall comply with Section 7.5.3(C).
7.5.7 Special Requirements for Manufactured Homes
(A) No manufactured home shall be placed in Special Flood Hazard Areas or Future Conditions Flood Hazard Areas,except
when located within an existing manufactured home park.In existing manufactured home parks,all manufactured homes to be
placed or substantially improved within Zones Al-30,AH and AE,as indicated on the Flood Insurance Rate Map,shall be elevated
on a permanent foundation such that the lowest floor of the manufactured home is no lower than the regulatory flood protection
elevation as defined in Chapter 12 and shall be securely anchored to an adequate foundation system in accordance with the most
current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance
pursuant to G.S. 143-143.15.
(B) Manufactured homes may not be placed in the floodway.
(C) All manufactured homes within Special Flood Hazard Areas or Future Conditions Flood Hazard Areas shall be anchored to
resist flotation,collapse,or lateral movement in accordance with the Regulations for Mobile Homes and Modular Housing adopted by
the Commissioner of Insurance pursuant to N.C.G.S.143-15.Where the required elevation can be met by elevating the chassis no
more than thirty-six(36)inches above grade at the site,the chassis shall be supported by reinforced piers or other foundation of
equivalent strength.When the elevation of the chassis is above thirty-six(36)inches in height an engineering certification is required.
7.5.8 Special Requirements for Development Proposals Requiring Site and/or Subdivision Plan Approval
For purposes of this section only,the boundaries of the Special Flood Hazard Area or Future Conditions Flood Hazard Area for a
subdivision or a discrete phase of a subdivision are established if all of the following conditions are met:
(A) The subdivision is approved for construction through approval of a preliminary subdivision plan and all other applicable
permits;
(B) A substantial investment is made in constructing the subdivision.
(C) In addition to satisfying the other requirements of this Ordinance,all proposals forsubdivisions and site plans shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have public utilities and facilities,such as wastewater,gas,electrical,and water systems,located and constructed so as to
minimize flood damage;

Appendix C:Town of Cary Land Development Ordinance
(3) Have all proposed residential structures located outside the Special Flood Hazard Area or Future Conditions Flood
Hazard Area,with the lowest floor, including basement, elevated at least two feet above the base flood elevation;
(4) Have all proposed non-residentialstructures located outside of the Special Flood Hazard Area or Future Conditions Flood
Hazard Area,with the lowest floor,including basement,located at least two(2)feet above the base flood elevation.(Note that an
approved special use may permit structures in a flood fringe-see Section 3.12.3).
(5) Have all drainage structures located within the Flood Hazard Area designed to accommodate the one percent(1%)
annual chance flood without causing increased base flood elevations on properties other than that for which development approval
is being requested;
(6) Shall provide base flood elevation data along with the subdivision plan or site plan,which is submitted to the Town
for approval.
7.5.9 Downstream Impact Analysis
(A) A Downstream Impact Analysis shall be submitted at the time of development plan submission for all proposed
development that requires development plan approval.Development plans that are not subject to the stormwater management
regulations of LDO Section 7.3 are exempt from this section 7.5.9.
(B) The Downstream Impact Analysis shall calculate the pre-and post-development discharges for each discharge point
from the area subject to the development plan.
(1) If the calculated post-development discharge is less than the calculated pre-development discharge for the two(2),
five(5),ten(10)and one hundred(100)-year peak discharges at each discharge point,then no further analysis is needed.
(2) If the calculated post-development discharge is greater than the calculated pre-development discharge for the two(2),
five(5),ten(10)or one hundred(100)-year peak discharges at any discharge point,then one of the options below shall be required.
(a) Provide onsite detention to fully mitigate each storm event to calculated pre-development discharge;or
(b) Provide an engineering model demonstrating no adverse impacts from the development on downstream properties
and infrastructure.
(Ord.No.06-009,adopted 4-27-06;eff.4-27-06;Ord.No.2007-04,3-22-07;Ord.No.2007-21, 12-13-07;Ord. No.2008-LDO-01,
9-25-08;Ord.No.2010-LDO-01, 1-14-10;Ord.No.2013-LDO-02,6-13-13;Ord. No.2014-LDO-03,8-14-14;Ord.No.2019-LDO-
03,
10-10-19;Ord.No.2019-LDO-02,11-21-19)
11.1 GENERAL PROVISIONS
11.1.1 Purpose
This chapter establishes procedures through which the Town seeks to ensure compliance with the provisions of this Ordinance
and obtain corrections for Ordinance violations.The provisions of this chapter are intended to encourage,to the greatest degree
possible,the voluntary correction ofviolations.
11.1.2 Compliance Required
Within the Town or its ETJ,it shall be a violation of this Ordinance to erect,construct,reconstruct,remodel,alter,demolish(in part
or whole),maintain,expand,move,or use any land,building,structure,or sign,or engage in development or subdivision of land in
violation of the zoning,subdivision, historic preservation,erosion control,sign,and other land use regulations contained in this
Ordinance.
11.1.3 Liability for Violations
Any person who erects,constructs, reconstructs,alters,repairs,converts,or maintains any building,structure,or sign or part
thereof in violation of this Ordinance,and any person who uses any building,structure,or land in violation of the Ordinance,shall be
subject to civil penalties and enforcement action in accordance with this Chapter.
11.1.4 Each Day a Separate Violation
Each day that a violation continues shall constitute a separate and distinct violation or offense.
(Ord. No. 2015-LDO-003,7-23-15)
11.2 RESPONSIBILITY FOR ENFORCEMENT AND APPEALS
New Ordinance Notice:
Publisher's Note.Section 112 has been amended by Ord.2019-LDO-03,approved 12 12 2019,effective 12 12 2019.
11.2.1 Primary Responsibility
Except as specified elsewhere in this Ordinance,the Planning Director shall have primary responsibility for enforcing the
provisions of this Ordinance.
11.2.2 Appeals
(A) Appeals of Building Permit Issues

Appendix C:Town of Cary Land Development Ordinance
Any appeals of North Carolina State Building Code issues(including revocation of building permits)must be made to the North
Carolina Building Code Council.
(B) Appeals of Soil Erosion and Sedimentation Control Decisions Pursuant to Section 7.4
(1) Civil Penalties
Civil penalty assessments related to soil erosion and sedimentation control may be contested within thirty(30)calendar days
of the assessment by filing an appeal with the Zoning Board of Adjustment in accordance with Section 3.21.
(2) Other Decisions
Other decisions rendered pursuant to Section7.4 of this Ordinance may be appealed to the North Carolina Sedimentation
Control Commission in accordance with G.S.113A-61.
(C) Appeal of Stop Work Orders
Appeals of stop work orders involving violation of the North Carolina State Building code shall be made to the Commissioner of
Insurance pursuant to G.S. 160A-421.Appeals of all other stop work orders except those issued pursuant to Section 7.4 of this
Ordinance shall be made to the Zoning Board of Adjustment in accordance with Section 3.21.
(D) Appeal of Notice of Violation Civil Penalties and Fines(Except Pursuant to Section 7.4)
Appeal of a Notice of Violation issued pursuant to Section11.6 of this Ordinance,or appeal of a civil penalty or fine(except
those issued pursuant to Section 7.4),shall be made to the Zoning Board of Adjustment pursuant to Section3.21 of this Ordinance.
Appeals of civil penalties must be made within thirty(30)days of receipt of the first citation issued for the violation.
11.2.3 Inspections
The Directors of Planning,Development Services,Transportation and Facilities,Public Safety,and/or Inspections and Permits or
their designees shall have the authority,upon presentation of proper credentials,to enter and inspect any land, building,structure,or
premises to ensure compliance with this Ordinance.
(Ord.No.04-001, 1-8-04;Ord.No.04-007,7-15-04;Ord.No.05-001, 1-13-05;Ord.No.2007-21, 12-13-07;Ord.No.2010-LDO-01,
1-14-10;Ord.No.2011-LDO-04, 11-17-11;Ord.No.2014-LDO-03,8-14-14;Ord. No.2015-LDO-001,4-21-15;Ord.No.2015-LDO-
003,7-23-15;Ord.No.2019-LDO-03,10-10-19)
11.3 SPECIFIC VIOLATIONS
11.3.1 Land Disturbing Activities Inconsistent with Ordinance
It shall be a violation of this Ordinance to excavate,grade,cut,clear,or undertake any other land-disturbing activity contrary to the
provisions of this Ordinance,including, but not limited to:
(A) Failure to install or maintain protection measures;or
(B) Initiating or continuing a land-disturbing activity for which an erosion control plan is required either in violation of the erosion
control plan or by failing to obtain a valid erosion control plan.
11.3.2 Nonconformities Inconsistent with Ordinance
It shall be a violation of this Ordinance to create,expand,replace,or change any nonconformity except in compliance with this
Ordinance.
11.3.3 Increasing Intensity or Density of Use
It shall be a violation of this Ordinance to increase the intensity or density of use of any land or structure except in compliance with
this Ordinance.
11.3.4 Making Lots,Setbacks, Buffers,or Open Space Nonconforming
It shall be a violation of this Ordinance to reduce or diminish the lot area,setbacks, buffers,or required open space to a size,
proportion or amount which is smaller than required under this Ordinance.
11.3.5 Activities Inconsistent with Conditions of Plan Approval or Permit
It shall be a violation of this Ordinance to engage in any development,use of land,construction,remodeling,or other activity
contrary to the terms and conditions of any plan approval, permit,or other form of authorization required to engage in such an
activity.
11.3.6 Failure to Remove Signs
It shall be a violation of this Ordinance to fail to remove any sign installed,created,erected,or maintained in violation of this
Ordinance,or for which the sign permit has lapsed.
11.3.7 Removal of, Damage to, Disturbance of and Pruning of Vegetation Inconsistent with Ordinance
It shall be a violation of this Ordinance to remove,damage,disturb or prune vegetation contrary to the provisions of this
Ordinance, including,but not limited to the following. For the purposes of this Section 11.3.7,"disturbance"shall be defined as any
action that results in injury or harm to required trees,shrubbery or other vegetation.

Appendix C:Town of Cary Land Development Ordinance
(A) Disturbance of existing grade beyond the proposed limits of grading as indicated on the approved landscaping plan so as to
disturb the root zone within the drip line of any significant vegetation indicated for preservation;

Appendix C:Town of Cary Land Development Ordinance
(B) Exposure of plants to severe hydrologic changes,damaging fumes or chemicals,or excessive temperatures,such as from
fire;
(C) Cutting or wounding of plants, including severe pruning;
(D) Damaging and/or destroying the interior significant vegetation,interior specimen significant vegetation, buffers or tree save
areas that are required to be protected based upon an approved site/subdivision plan.
(Ord. No.2015-LDO-003,7-23-15)
11.4 REMEDIES AND PENALTIES FOR EROSION AND SEDIMENTATION CONTROL VIOLATIONS PURSUANT TO
SECTION 7.4
The Town shall have the following remedies and enforcement powers to prevent,correct,stop,abate,or penalize a violation of
Section 7.4 of this Ordinance.The remedies provided for violations of this Ordinance,whether civil or criminal,shall be cumulative
and in addition to any other remedy provided by law,and may be exercised in any order.
11.4.1 Deny or Withhold Permits
The Director may deny or withhold all permits,certificates,or other forms of authorization to use or develop any land,structure,or
improvements until an alleged violation and associated civil penalty related to such property, use,or development is corrected.This
provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.
11.4.2 Revoke Permits
Any development permit,certificate,or other form of authorization required under this Ordinance may be revoked when the Director
determines that:
(1) There is a departure from the approved plans,specifications,or conditions as required under the permit;
(2) The development permit was procured by false representation;
(3) The development permit was issued in error;or
(4) There is a violation of any provision of this Ordinance.
Written notice of revocation shall be served upon the property owner,agent,applicant,or other person to whom the permit was
issued,or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after
service of the revocation notice.
11.4.3 Issue Stop Work Order
A stop work order may be issued in accordance with Section 11.5.1(D)of this Ordinance.
11.4.4 Notice of Violation Civil Penalties
Any person who knowingly or willfully violates Section 7.4 of this Ordinance,or who initiates or continues a land-disturbing activity
for which an erosion control plan is required other than in accordance with the terms,conditions and provisions of an approved
erosion control plan, is subject to a civil penalty as provided in G.S. 113A-64,as amended,the provisions of which are incorporated
herein by reference.
(A) Process
If the Director determines that a person engaged in a land-disturbing activity has failed to comply with Section7.4,the Director
shall serve a notice of violation upon that person.The notice may be served by any means authorized under G.S. 1A-1,Rule 4,and
shall specify a date by which the person must come into compliance and shall inform the violator of the actions that need to be taken
to comply.Any person who fails to comply within the time specified is subject to additional civil and criminal penalties of a continuing
violation.The Director shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty.The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4 and shall direct
the violator to either pay the assessment or contest the assessment within thirty(30)days by filing an appeal with the Zoning Board
of Adjustment.An assessment that is not contested is due when the violator is served with a notice of assessment. If a violator does
not pay the penalty assessed within thirty(30)days after it is due the town may institute a civil action to recover the amount of the
assessment.Civil penalties collected under the authority of G.S. 113A-64(a)shall be accredited to the general fund of the Town as
non-tax revenue as provided in G.S.113A-64.
(B) Amount
The Stormwater Services Manager may assess civil penalties as provided in Table 11.4-1.Each day of a continuing violation
shall constitute a separate violation which may be assessed from the date the notice of violation is served,except where specified as
a one-time-only penalty. In determining the amount of the penalty,the Director shall consider the maximum penalty allowed per
Table 11.4-1,as well as the following:the degree and extent of harm caused by the violation;the cost of rectifying the damage;the
amount of money the violator saved by noncompliance;whether the violation was committed willfully;and the prior record of the
violator in complying or failing to comply with Section 7.4.
TABLE 11.4-1 CIVIL PENALTIES FOR VIOLATION OF SEDIMENTATION AND EROSION CONTROL REQUIREMENTS OF SECTION
7.4
ACTION DESCRIPTION MAXIMUM PENALTY

Appendix C:Town of Cary Land Development Ordinance
One-time-only civil penalty for the day a willful)violation of the
Penalty for Willful requirements of Section 7.4 is detected,based upon whether the $5,000
Violation violation has resulted in off-site sedimentation.
Penalty for Violation of One-time civil penalty for violation of a stop-work order issued $5,000
Stop Work Order pursuant to the authority contained in G.S. 113A-65.1
Grading Without a Plan Failure to secure a valid required grading permit prior to conducting a $5,000 per day
land disturbing activity
Failure to take all reasonable measures to protect public property or
Failure to Protect private property from damage caused by failure to retain sediment on $5,000 per day
site.
Failure to Follow Plan Failure to conduct a land disturbing activity in accordance with the $2,500 per day
provisions of an approved erosion and sedimentation control plan.
Failure,when twelve thousand(12,000)sq.ft.or more is disturbed,to
Failure to Install install erosion and sedimentation control devices sufficient to retain the $5,000 per day
Devices sediment generated by the land disturbing activity within the
boundaries of the tract(s)and prevent off-site sedimentation.
Failure to Maintain
Permanent and/or Failure to maintain adequate erosion control measures. $2,500 per day
Temporary Measures
Failure,within fifteen(15)calendar days of completion of any phase of
Failure to Protect grading,whichever period is shorter,to plant or otherwise provide $2,500 per day
Exposed Slopes exposed,graded slopes or fills with ground cover,devices, or
structures sufficient to restrain erosion.
Failure on a tract where more than twelve thousand(12,000)sq.ft.is
Failures to Provide disturbed,to plant or otherwise provide ground cover sufficient to
Adequate Cover restrain erosion within fifteen(15)working days or sixty(60)calendar $2,500 per day
days,whichever period is shorter,following completion of construction
of development.
Failure to file an acceptable,revised erosion and sedimentation
Failure to Revise Plan control plan within the established deadline after being notified of the $2,500 per day
need to do so
$1,000 per day plus
Failure to Keep Dirt and Failure to prevent the accumulation of more than an inch of dirt or mud $1.00 per every six linear
Mud Off Public Streets on public streets, plus feet of street cleaned by
the city,its employees,or
its contractor.
Failure to Maintain Failure on cut,graded,of fill slopes to maintain an angle sufficient to $2,500 per day
Slopes prevent slump,creep or other slope failures.
Any Other Action or Failure to Act That Constitutes a Violation of This Chapter $2,500 per day
11.4.5 Assess Criminal Penalties
Unless otherwise specifically provided, in addition to,or in lieu of,such civil penalties or other remedies,violations of the
sedimentation requirements set forth in this Ordinance shall constitute a misdemeanor,pursuant to G.S. 160A-175 and G.S. 14-4,as
amended,punishable for each day the violation continues by a fine the maximum amount of which exceeds fifty dollars($50.00)
and/or incarceration for up to thirty(30)days. Furthermore,any person who knowingly or willfully violates the soil erosion and
sedimentation control provisions in Section 7.4 of this Ordinance,or who initiates or continues a land-disturbing activity for which an
erosion control plan is required other than in accordance with the terms,conditions and provisions of an approved erosion control
plan,shall be guilty of a misdemeanor,pursuant to G.S. 113A-64(b),as amended,punishable for each day the violation continues by
a fine of up to five thousand dollars($5,000.00)and/or by incarceration for up to ninety(90)days.
11.4.6 Require Restoration of Disturbed Areas
The Town may require a person who engaged in a land-disturbing activity regulated under Section 7.4 and failed to retain sediment
generated by the activity as required by G.S. 113A-57(3)to restore the waters and lands affected by the failure so as to minimize the
detrimental effects of the resulting pollution by sedimentation.This authority is in addition to any other civil or criminal penalty or
injunctive relief authorized under this chapter or the General Statutes.
11.4.7 Private Civil Relief
(A) Any person who is injured by a violation of the soilerosion and sedimentation control provisions in Section 7.4 of this
Ordinance,or who is injured by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required
other than in accordance with the terms,conditions and provisions of an approved erosion control plan,may bring a civil action
against the person alleged to be in violation.The action may seek:
(1) Injunctive relief;
(2) An order enforcing the regulation,order or erosion control plan which is being violated;

Appendix C:Town of Cary Land Development Ordinance
(3) Compensation for damages caused by the violation;
(4) Both damages and injunctive relief;
(5) Both damages and an enforcement order.
(B) If the amount of actual damages,as found by the court or jury in suits brought under this section,is five hundred dollars
($500.00)or less,then the plaintiff shall be awarded double the amount of actual damages. If the amount of actual damages,as
found by the court or jury, is greater than five hundred dollars($500.00),then the plaintiff shall receive damages in the amount so
found.
(C) Civil actions brought under this section shall be brought in the Superior Court of Wake County. In issuing a final order in
such an action,the court may award litigation costs to any party,including reasonable attorney fees and expert witness fees,
whenever it determines that such an award is appropriate.Where the plaintiff seeks a temporary restraining order or preliminary
injunction,the court may require the filing of a bond or other security as determined by the court in its discretion.
(D) Nothing in this section shall restrict any right which anyperson or class of persons may have under any statute or common
law to seek injunctive or other relief.
(Ord.2015-LDO-003, 7-23-15;Ord. No.2019-LDO-03,10-10-19)
11.5 REMEDIES AND PENALTIES APPLICABLE TO OTHER SECTIONS OF THE LDO
The Town shall have the following remedies and enforcement powers to prevent,correct,stop,abate,or penalize a violation of a
Section of this Ordinance other than Section 7.4.The remedies provided for violations of this Ordinance,whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law,and may be exercised in any order.
11.5.1 General Remedies and Penalties
(A) Deny or Withhold Permits
The Director may deny or withhold all permits,certificates,or other forms of authorization to use or develop any land,structure,
or improvements until an alleged violation and associated civil penalty related to such property,use,or development is corrected.
This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the
violation.
(B) Revoke Permits
Any development permit,certificate,or other form of authorization required under this Ordinance may be revoked when the
Director determines that:
(1) There is a departure from the approved plans,specifications,or conditions as required under the permit;
(2) The development permit was procured by false representation;
(3) The development permit was issued in error;or
(4) There is a violation of any provision of this Ordinance.
Written notice of revocation shall be served upon the property owner,agent,applicant,or other person to whom the permit was
issued,or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after
service of the revocation notice.
(C) Assess Civil Penalties
Except where otherwise specified,violations of this Ordinance shall subject the offender to the following civil penalties:
1st day of violation $100
2nd day of violation $200
3rd day of violation $300
Each day thereafter that violation continues $400
Such penalties may be recovered by the Town in a civil action in the nature of debt if the offender does not pay the penalty
within the prescribed period of time after he or she has been cited for violation. Pursuant to G.S. 160A-175(b)and G.S. 14-4,
violation of this Ordinance,with the exception of stormwater related enforcement,shall not constitute a misdemeanor or infraction.
Proceeds from civil penalties collected under this Section 11.5 shall go to the State of North Carolina's school system.
(D) Issue Stop Work Orders
Whenever any building or structure or part thereof is being demolished,constructed,reconstructed,altered or repaired in a
hazardous manner;in substantial violation of any state building law or this Ordinance(including violations of approved site and/or
subdivision plans or permits or failures to secure necessary approvals or permits);or in a manner that endangers life or property,the
Director,or the appropriate inspector, has the authority to issue a stop work order for the specific part of the work that is in violation
or presents the hazard.Violation of a stop work order shall constitute a Class I misdemeanor.The following is the procedure for

Appendix C:Town of Cary Land Development Ordinance
issuing a stop work order.
(1) A stop work order may be issued by the Director or appropriate staff member(e.g.,erosion control officer,site inspector,
zoning compliance officer, building inspector,code enforcement officer)for the site on which the violation has occurred.
(2) The stop work order shall be in writing directed to the person doing the work,and shall state the specific work to be
stopped,the specific reasons therefor,and the conditions under which the work may be resumed.
(3) Notice shall be served on the person doing the work or conducting the violation activity by personal delivery or by certified
or registered mail or any of the methods for service of process set forth in G.S. 1A-1, Rule 4 and shall be posted on the site. Notice
may also be served by registered or certified mail to the financially responsible person for the project or upon the propertyowner, if
they are to be held responsible for stopping work.
(4) Upon receipt of such an order on site,the person shall immediately stop that work described in the stop work order.
(5) The Director shall monitor compliance with the stop work order and shall determine if the conditions for resumption of the
work have been met.
(6) Once conditions for resumption of the work have been met,the Director shall rescind the stop work order.
11.5.2 Additional Remedies and Penalties For Certain Violations
(A) Clear Cutting of Trees
Failure to comply with the provisions of Section3.22 shall constitute a violation of this Ordinance,and shall subject an
offending party to a series of actions, including the payment of fines,delay in site and/or subdivision plan approval or building permit
issuance,and the requirement to double the amount of required vegetation as would typically be required during the site and/or
subdivision plan review and approval process.Table 11.5-1 below describes the penalties for non-compliance with this section.An
"X"in a particular cell indicates the associated penalty which applies:
TABLE 11.5.1:PENALTIES FOR NON-COMPLIANCE
Review of All Five Year Delay in Landscaping
Payment of Subsequent Site Approval of a Requirements
Type of Violation Fines and/or Subdivision Building Permit or Doubled During Site
Plans by Zoning Site and/or and/or Subdivision
Board of Adjustment Subdivision Plan* Plan Review
Property is exempt from Tree Clearing
Certificate requirements,but all or
substantially all"vegetation within X X X
required buffers and/or vegetation
protection areas is removed
Property owner obtains a Tree Clearing
Certificate,but removes some of the X X
vegetation within a required buffer
and/or tree protection area
Property is not exempt from Tree
Clearing Certificate requirements; but
property owner obtains no Certificate, X X X
and removes some of the vegetation
within a required buffer and/or tree
protection area
Property is not exempt from Tree
Clearing Certificate requirements;but
property owner obtains no Certificate, X X X X
and removes all or substantially all**of
the vegetation within a required buffer
and/or tree protection area
In determining penalties for noncompliance of tree removal,the Zoning Board of Adjustment may consider,after conducting a
quasi-judicial hearing,reducing the five(5)year delay in permit/plan approval.Consideration should be given to how much
vegetation was illegally removed,was the vegetation specimen size or greater,what was the proximity of the disturbed area to
existing residential dwellings,was the buffer willfully disturbed,etc.The Zoning Board of Adjustment may uphold the entire five
(5)year delay,reduce,or remove this enforcement measure based on the criteria mentioned above.
""All or substantially all"shall mean 75 percent or more of the existing trees with a caliper of four inches or greater.
(B) Removal or Disturbance of or Damage to Existing Vegetation
The property owner and/or any person, including the developer, responsible for the removal or disturbance of or damage to
vegetation in any required landscape areas as prohibited in Section 7.2.13(B)shall also be responsible for replacement of vegetation
and payment of fines as provided below.
(1) Replacement of Vegetation
(a) The disturbed area shall be revegetated as provided below. For purposes of this Section 11.5.2(B),"disturbed area"
shall be defined as land that has been subjected to:

Appendix C:Town of Cary Land Development Ordinance
1. the removal of trees,shrubs,or vegetative cover;
2. any action that results in injury or harm to required trees,shrubbery,or other vegetation;
3. any action that reduces the size of a required buffer or degrades or reduces the required level of screening;and/or
4. earthmoving activities, including the addition of fill or installation of impervious surface.
(b) Replacement Planting Plan Required
Prior to replacement of damaged or removed vegetation,a replacement planting plan shall be submitted for review and
approval by the Planning Director.The site shall be revegetated in conformance with the approved replacement planting plan.
(c) Maintenance Plan Required
Where existing vegetation is in poor health or has died as a result of neglect or of poor maintenance practices,a landscape
maintenance plan shall be submitted and approved in accordance with this Section 11.5.2(B)(1)in order to remedy the violation. In
cases where there is an existing landscape maintenance plan,such plan shall be reviewed and modified as necessary to address
specific issues that may have created the violation. In addition,the responsible party shall provide such documentation as is
available(e.g.invoices,contracts,etc.)to provide proof that the landscape maintenance plan will be implemented as approved.
(d) Baseline Replacement Standards
Where vegetation has been damaged or removed in violation of this Ordinance,replacement vegetation shall be installed in
an amount that meets or exceeds the requirements of subsection 1)and/or 2)below.Where both individual trees and area of
disturbance can be documented for all or part of the affected area,the calculation of required plant material may includea
combination of the two(2)calculation methods, provided that the combination used results in the maximum amount of required plan
material.
1) Individual Trees Documented
Where the caliper and quantity of damaged,removed or disturbed vegetation can be documented,an equal amount of
new vegetation("inch for inch")shall be installed to replace the damaged vegetation.
2) Area of Disturbance Documented
The following plantings shall be installed for each two thousand(2,000)square feet of disturbed area:
TABLE 11.5-2 BASELINE REPLANTING REQUIREMENTS PER 2,000 SO.FT.OF DISTURBED AREA
Plant Type Number Minimum Caliper Container Size rMinimum Height
•
Upperstory 2 2" — 8'
Trees Understory 2 2" — 8'
Evergreen 1 6 2" — 8'
Evergreen 7 2" — 18"
Shrubs
Deciduous 8 — — 18"
Groundcover Plants
(applicable only where slope is 2.5:1 or 22 — 1 gal. —
greater)
1 Where an opaque performance standard is required,evergreen trees shall provide foliage from ground level up,and shall be
planted in staggered double rows.
(e) Adjustments to Baseline Replacement Standards
1) Intent
Natural forested areas,or certain planted areas that have reached maturity,form a balanced system where screening
may be achieved through a variety of tree and shrub types and sizes.Trees and shrubs within such systems naturally compete for
sunlight and nutrients.While individual plants do not typically achieve an ideal symmetrical canopy or form,the overall performance
standard of the buffer is achieved as available gaps are filled in with plant material suitable for the specific site conditions.
In recognition of challenges encountered in recreating a buffer,streetscape,or other landscape area that has been totally
or partially removed or damaged,the intent of this Section 11.5.2(B)(1)(d)is to allow modification, by the Planning Director, of
baseline replacement standards and other related standards of this Ordinance where appropriate,taking into account site-specific
conditions and other factors affecting plant growth and health,so as to achieve and maintain to the extent possible the greater of the
required performance standard of the LDO or the actual performance standard of the buffer area prior to its unauthorized
disturbance.
2) Factors for Consideration
The following factors shall be taken into account in making adjustments to baseline replacement standards and related

Appendix C:Town of Cary Land Development Ordinance
landscape planting requirements to maximize the potential for the re-vegetated buffer,streetscape or other landscape area to
achieve the required performance standard and meet the intent expressed in Section 11.5.2(B)(1)(d)(1)above:
(a) type and conditions of significant vegetation remaining within the landscape area or buffer,
(b) availability of sunlight;
(c) dimension of required planting area;
(d) separation between plants;
(e) impact of installation of new plant material on root zones of any remaining material;
(f) topography;
(g) proximity of man-made features such as utilities, buildings,sidewalks and retaining walls; and
(h) other unique site factors or conditions affecting plan growth and long-term health of the buffer,streetscape or
landscape area.
Such adjustment may include either reduction or increase in the minimum number or caliper of trees or shrubs and/or the
total number of caliper inches of tree replacement otherwise required by this Ordinance.
In the case of a reduction in the number of replacement tree or shrubs,and/or the number of caliper inches of
replacement trees,fines and/or off-site installation of plant material shall be required in accordance with Section 11.5.2(B)(2)(d).
The applicant or owner must coordinate with Town staff to design and implement a plan to plant the balance of the required
vegetation on town properties,town-maintained properties,and/or other public property within the Town's jurisdiction.
Features such as fences and berms may be approved where appropriate to achieve the required performance standard.
(f) Standard Replanting Requirement for Perimeter Buffers on Individual Residential Lots
Perimeter buffers within the boundaries of individual residential lots shall be planted and/or installed to a Type"B"buffer
standard.
(2) Fines
Fines shall be imposed concurrently,and in addition to revegetation requirements of Section 11.5.2(B)(1),as provided
below:
(a) Applicability
Fines imposed by this Section shall not apply to disturbance of required landscape areas,buffers,and/or streetscapes
located on individual residential lots.
(b) Base Fine for Unauthorized Disturbance
A fine of two thousand dollars($2,000)shall be imposed for any unauthorized disturbance,excluding excessive pruning,
within the boundaries of a tree protection area.
(c) Calculated Fine Based on Area Disturbed
A fine of four dollars($4.00)shall be imposed for every square foot of area disturbed or from which vegetation was
removed or damaged within a required landscapearea.
(d) Fine for Caliper Inches Not Replaced
Where it is determined in accordance with Section 11.5.2(B)(1)(d)that the required number of caliper inches cannot be
accommodated on the site with replacement vegetation,then a fine shall be imposed in the amount of one hundred dollars($100)
per caliper inch that is not replaced.The applicant or owner may coordinate with Town staff to design and implement a plan to plant
the balance of the required vegetation on town properties,town-maintained properties,and/or other public property within the Town's
jurisdiction in lieu of the fine. If the Town determines that replanting on Town or public properties is not feasible or desirable,then
the fine shall not be abated.
(3) Civil Penalties
Civil penalties shall be imposed for failure to comply with requirements of this Section11.5.2(B).
(C) Severe Pruning
(1) If the planning staff determines that plants have been pruned in violation of Section 7.2.13(B),then the propertyowner shall
be required to replace the damaged plant material in accordance with Section 11.5.2(B)(1).
(2) If the planning staff determines that the severe pruning has not compromised the lifespan or structural integrity of the
plants,then the severely pruned material shall remain in place and supplemental plant material may be required by the planning staff
to compensate for the reduced screening.
(3) In addition,fines shall be assessed as follows:
Violation Amount of Fines

Appendix C:Town of Cary Land Development Ordinance
$50 per shrub; and
1st violation
$50 per caliper inch for trees
$1,000 base fine plus:
Subsequent violations $100 per shrub; and
$100 per caliper inch for trees
(D) Violation of Historic Preservation Ordinance
Failure to comply with the provisions of Section3.27 shall constitute a violation of this Ordinance,and shall subject an
offending party to the following:
(a) In addition to any other authorized remedies,in case any building,structure,site,area or object designated as a historic
landmark or located within a historic district is about to be demolished,materially altered,remodeled,removed or destroyed,except
in compliance with this Ordinance,the Town or county,the Historic Preservation Commission,or other party aggrieved by such
action may institute any appropriate action or proceedings to prevent such unlawful demolition,destruction,material alteration,
remodeling or removal,to restrain,correct or abate such violation,or to prevent any illegal act or conduct with respect to such
building,structure,site,area or object.
(b) In addition to any other authorized remedies,in case any building,structure,site,area or object designated as a historic
landmark or located within a historic district is demolished, materially altered, remodeled,removed or destroyed,except in
compliance with this Ordinance,no redevelopment plans may be submitted for the property for forty-eight(48)months from the date
of notice of the violation.The waiting period required by this section may be waived in an individual case,for good cause shown,by
the affirmative vote of three-fourths(3/4)of the Town Council.The decision of the Historic Preservation Commission may be
appealed by following the procedure set forth in Section 3.21,but the appeal shall be to the Town Council,not the Zoning Board of
Adjustment.
(c) The Town Council may consider amending or repealing an ordinance designating a historic landmark.
(Ord. No.2015-LDO-003,7-23-15; Ord. No.2016-LDO-01,7-25-16;Ord. No.2019-LDO-01,9-26-19)
11.6 ENFORCEMENT PROCEDURES
11.6.1 Notice of Violation Procedure
Except as otherwise provided,the following notice procedure shall be used to enforce the provisions of this Ordinance.The
notice of violation and assessment procedure for violations of the soil erosion and sedimentation control provisions in Section 7.4 of
this Ordinance are set forth in Section 11.4.4.
(A) Notice Required Before Penalty
No penalty shall be assessed pursuant to this chapter unless and until the person alleged to be in violation has been notified of
the violation in accordance with this section,with the exception of a violation of a stop work order,illegal placement of a temporary
sign or violation of the soil erosion and sedimentation control provisions in Section 7.4.In the case of stop work orders,violations
shall subject the violator to immediate imposition of a penalty. In the case of an illegal temporary sign,the Director shall be
authorized to remove such sign immediately without notice.
(B) Notice of Violation and Opportunity to Cure
Whenever the Director has reasonable cause to believe that a person is violating any of the provisions of this Ordinance or any
plan,order,or condition which has been approved, issued,or imposed pursuant to this Ordinance,the Director shall notify that
person of the violation.
(C) Written Notice
Such notice of violation shall be in writing and shall be served by personal delivery or by certified or registered mail,return
receipt requested.A copy of the notice may also be sent by regular mail.Service shall be deemed sufficient if the registered or
certified mail is unclaimed or refused,and the regular mail is not returned by the post office within ten(10)days after the mailing.
(D) Content of Written Notice
The notice of violation shall describe the violation,shall identify the provision or provisions of this Ordinance that are being
violated,shall specify what actions must be taken to correct the violation(including an order to stop any and all work which violates
this Ordinance),shall direct the person to correct the violation within a specified reasonable time period(beginning on the date such
notice is received),and shall warn that more severe measures(such as a civil penalty or criminal prosecution)may be assessed or
brought against the person if he or she fails to take appropriate action to cure or correct the violation. If the violator cannot be
ascertained,then the notice of violation shall be sent to the record owner of the land on which the violation occurs.
(E) Extension of Time to Cure
Upon receipt of a written request from the alleged violator or the property owner for an extension of time to cure or correct the
violation,the Director may grant a single extension of time,not to exceed a period of thirty(30)days,in which the alleged violator
may cure or correct the violation before the Director issues a citation pursuant to Section 11.6.2.Such extension of time shall not be
granted unless the alleged violator or the property owner can demonstrate to the Director that the violation cannot be cured or

Appendix C:Town of Cary Land Development Ordinance
corrected within the time period specified in the notice of violation because the labor or materials needed to take appropriate action
are unavailable due to circumstances beyond the control of the alleged violator or the property owner.
(F) Corrective Action Taken
If the violation is cured or corrected within the time period specified in the notice of violation,or extension of time granted in
Section 11.6.1(E),then the Town shall take no further action against the person.
11.6.2 Citation Procedure
Any person who,after being given a notice of violation pursuant to Section 11.6.1,does not comply with this Ordinance within the
time period set forth in the notice of violation,and who continues such violation,or who violates a stop work order,shall be subject to
the penalties and remedies set forth in Section 11.6.The following citation procedure shall be used to enforce the provisions of this
Ordinance except that the assessment procedure for violations of Section 7.4 are set forth in Section 11.4.3.
(A) Citation for Violation
The Director shall serve a written citation on the alleged violator by any of the methods specified in Section11.6.1. If the
violator cannot be ascertained,then the notice of violation shall be sent to the record owner of the land on which the violation occurs.
(B) Content of Citation
The citation shall again describe the nature of the violation and any actions that the alleged violator must take to cure or correct
the violation,and shall specify the amount of any civil penalty that shall be levied against the alleged violator.
(C) Corrective Action Required
The civil penalty shall be paid and the violation shall be cured or corrected,within seventy-two(72)hours of receipt of the
citation by the alleged violator,or such other time period,not to exceed thirty(30)days,as the citation may specify.
(D) Action for Recovery of Penalty
If payment is not made,or the violation is not cured or corrected,within that time,then the matter shall be referred to the Town
Attorney for institution of a civil action in the name of the Town,in a court of competent jurisdiction,for recovery of the penalty.Any
sums recovered in such actions shall be used to carry out the purposes and requirements of this Ordinance.Additionally,if any
person against whom a civil penalty has been finally assessed under this Ordinance seeks a Certificate of Occupancy;an
environmental,grading or building permit;a special use permit;or final approval of any plat,subdivision plan,site plan or erosion
control plan,such Certificate of Occupancy, permit or final approval may not be granted until such time as the civil penalty has been
paid or arrangements satisfactory to the Town have been made providing for its payment.
11.6.3 Summary Removal of Dangerous Signs or Structures
In the case of a sign or sign structure that the Director reasonably deems to be in danger of falling or otherwise creating an
immediate safety hazard,the Director is hereby authorized to immediately remove such sign or sign structure,at the expense of the
property owner.
11.6.4 Injunctive Relief and Other Remedies
(A) This Ordinance also may be enforced by revocation of permits or by any appropriate equitable remedy issuing from a court
of competent jurisdiction. In any event where a building or structure is erected,constructed,reconstructed,altered,repaired,
converted,or maintained,or any building,structure,or land is used in violation of the Ordinance,any appropriate agency of the
Town,or any adjacent or nearby property owner who would be affected by such violation,in addition to other remedies,may institute
an injunction action,mandamus action,or other appropriate proceeding to prevent the completion or occupation of such building,
structure,or land and/or to stop any development or other activity that violates this Ordinance.Such actions shall be brought in a
court of competent jurisdiction.
(B) Upon determining that an alleged violation is occurring or is threatened,the court shall enter such orders and/or judgments
as are necessary to abate or prevent the violation.
(C) The institution of an action for injunctive or other relief under this section shall not relieve any party to such proceeding from
any civil or criminal penalty prescribed by this chapter for violations of this Ordinance.
11.6.5 Private Civil Relief for Violation of Sedimentation and Erosion Control Standards
(A) Any person who is injured by a violation of the soil erosion and sedimentation control provisions in Section 7.4 of this
Ordinance,or who is injured by the initiation or continuation of a land-disturbing activity for which an erosion control plan is required
other than in accordance with the terms,conditions and provisions of an approved erosion control plan,may bring a civil action
against the person alleged to be in violation.The action may seek:
(1) Injunctive relief;
(2) An order enforcing the regulation,order or erosion control plan which is being violated;
(3) Compensation for damages caused by the violation;
(4) Both damages and injunctive relief;
(5) Both damages and an enforcement order.
(B) If the amount of actual damages,as found by the court or jury in suits brought under this section,is five hundred dollars

Appendix C:Town of Cary Land Development Ordinance
($500.00)or less,then the plaintiff shall be awarded double the amount of actual damages. If the amount of actual damages,as
found by the court or jury,is greater than five hundred dollars($500.00),then the plaintiff shall receive damages in the amount so
found.
(C) Civil actions brought under this section shall be brought in the Superior Court of Wake County. In issuing a final order in
such an action,the court may award litigation costs to any party,including reasonable attorney fees and expert witness fees,
whenever it determines that such an award is appropriate.Where the plaintiff seeks a temporary restraining order or preliminary
injunction,the court may require the filing of a bond or other security as determined by the court in its discretion.
(D) Nothing in this section shall restrict any right which any person or class of persons may have under any statute or
common law to seek injunctive or other relief.
(Ord.No.06-009,4-27-06;Ord.No.2007-04,3-22-07;Ord.No.2007-21, 12-13-07;Ord.No.2013-LDO-02,passed 6-13-13;Ord.
No.2015-LDO-003,7-23-15)
Chapter 12 Rules of Construction,Use Classifications,and Definitions
12.1 INTERPRETATIONS
The Planning Director has final authority to determine the interpretation or usage of terms used in this Ordinance.Any person
may request an interpretation of any term by submitting a written request to the Director who shall respond in writing within 30
days.
12.2 RULES OF CONSTRUCTION AND INTERPRETATION
The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance.
12.2.1 Meanings and Intent
All provisions,terms,phrases,and expressions contained in this Ordinance shall be construed according to the general purposes
set forth in Section 1.3 and the specific purpose statements set forth throughout this Ordinance.When,in a specific section of this
Ordinance,a different meaning is given for a term defined for general purposes in this Chapter 12,the specific section's meaning
and application of the term shall control.
12.2.2 Headings,Illustrations,and Text
In the event of a conflict or inconsistency between the text of this Ordinance and any heading,caption,figure,illustration,table,or
map,the text shall control.
12.2.3 Lists and Examples
Unless otherwise specifically indicated,lists of items or examples that use terms such as"for example,""including,"and"such as,"
or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
12.2.4 Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or
required date of action falls on a Saturday,Sunday,or holiday observed by the Town,the deadline or required date of action shall be
the next day that is not a Saturday,Sunday,or holiday observed by the Town.References to days are calendar days unless
otherwise stated.
12.2.5 Computation of Density
Net available density is determined by dividing the gross parcel size by the minimum lot size of the zoning district where the parcel
is located,and then rounding down to the whole number.This operation yields a certain number of units per acre with no decimals.
12.2.6 References to Other Regulations/Publications
Whenever reference is made to a resolution,ordinance,statute,regulation,or document,it shall be construed as a reference to the
most recent edition of such regulation,resolution,ordinance,statute,regulation,or document,unless otherwise specifically stated.
12.2.7 Delegation of Authority
Any act authorized by this Ordinance to be carried out by a specific official of the Town may be carried out by a designee of such
official.
12.2.8 Technical and Non-Technical Terms
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and
phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such
meaning.
12.2.9 Public Officials and Agencies
All public officials,bodies,and agencies to which references are made are those of the Town of Cary,unless otherwise indicated.
12.2.10 Mandatory and Discretionary Terms
The words"shall,""must,"and"will"are mandatory in nature,establishing an obligation or duty to comply with the particular

Appendix C:Town of Cary Land Development Ordinance
provision.The words"may'and"should"are permissive in nature.
12.2.11 Conjunctions
Unless the context clearly suggests the contrary,conjunctions shall be interpreted as follows:
(A) "And"indicates that all connected items,conditions,provisions or events apply;and
(B) "Or"indicates that one or more of the connected items,conditions, provisions or events apply.
12.2.12 Tenses,Plurals,and Gender
Words used in the present tense include the future tense.Words used in the singular number include the plural number and the
plural number includes the singular number,unless the context of the particular usage clearly indicates otherwise.Words used in the
masculine gender include the feminine gender,and vice versa.
12.4 OTHER KEY TERMS DEFINED
When used in this Ordinance,the following words and terms shall have the meaning set forth in this section,unless other
provisions of this Ordinance specifically indicate otherwise.
ACCELERATED EROSION
Any increase over the rate of natural erosion resulting from land-disturbing activities.
ACCESSORY USE
A use that is on the same lot as,and of a nature customarily incidental and subordinate to the principal use,structure,or building
on the property.
ACTIVE CONSTRUCTION
On-site activities such as installation,erection,fabrication,alteration,demolition or removal of structures,facilities,or additions
that contribute directly to the completion of improvements contemplated or shown on construction plans.
ADDITION(to an existing building)
An extension or increase in the floor area or height of a building or structure.
ADJACENT
Lying near or close to;sometimes,contiguous;neighboring.Adjacent implies that the two(2)objects are not widely separated,
though they may not actually touch.
ADULT CABARET
Any place featuring topless dancers,go-go dancers,strippers,male or female impersonators,or other similar entertainers
displaying"Specified Anatomical Areas"as defined by N.C.Gen.Stat. 14-202.10.
AESTHETIC NUISANCE
A junked motor vehicle on private or public property that has been determined to be so offensive to the sight as to damage the
community,neighborhood or area appearance.Aesthetic benefits must outweigh the burdens imposed on the private property
owner.Other factors include the protection of property values,promotion of tourism,indirect protection of health and safety,
community preservation,or promotion of the comfort,happiness and stability of area residents.
AFFORESTATION
The conversion of land lacking trees into forest land.
AGREEMENT,DEVELOPER'S
A contract or legally-binding arrangement between one(1)or more private entities and the Town which specifies the rights and
obligations of all parties with respect to a single development,project,or proposal.
AGRICULTURAL PRODUCTS
Products obtained primarily through farming or agricultural activities, including,but not necessarily limited to:pumpkins;grains and
seed crops;fruits of all kinds;vegetables;nursery,floral,ornamental,and greenhouse products;trees and forest products,including
Christmas trees,firewood,and pine straw;bees and beekeeping products;seafood;and dairy products. For the purposes of this
section,processed or prepared food products of any kind shall not be considered as agricultural products.
AGRI-TOURISM
The act of visiting a working farm or any agricultural,horticultural or agri-business operation for the purpose of enjoyment,
education or active involvement in the activities of the farm or operation.
ALLEYS
Provide utility and vehicular access to developments as an alternative to local streets.They are narrower than local streets,provide
access to the rear of a property,and are generally associated with residential areas.
ANTENNA

Appendix C:Town of Cary Land Development Ordinance
Any structure or device used to collect,receive,transmit,or radiate radio or electromagnetic waves,including but not limited to
both directional antennas(such as panels,microwave dishes,satellite earth station antennas over two(2)meters in diameter)and
omni-directional antennas(such as whips).
APARTMENT
One(1)or more rooms with a private bath and kitchen facilities comprising an independent dwelling unit which is not located upon
its own piece of property.
ARCADE
A walkway or passageway adjacent to a building that is covered by a roof but open to the outside air.
AREA OF SHALLOW FLOODING
An"AO"zone designated on a Flood Insurance Rate Map(FIRM)issued by the Federal Emergency Management Agency(FEMA)
with base flood depths from one(1)to three(3)feet where a clearly defined channel does not exist,where the path of flooding is
unpredictable and indeterminate,and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain subject to a one(1)percent or greater chance of flooding in any given year.
ARTIFICIAL OBSTRUCTION
Any obstruction to the flow of water in a stream that is not a natural obstruction,including any that,while not a significant
obstruction in itself,is capable of accumulating debris and thereby reducing the flood-carrying capacity of the stream.
ASSISTED LIVING
A living arrangement where the elderly or other persons are provided assistance with daily activities such as dressing,grooming,
and bathing.
ATTENTION-ATTRACTING DEVICE
Any device or object visible from any public right-of-way that is primarily designed to attract the attention of the public to a business,
institution,sign or activity through such means,including but not limited to illumination,color,size,or location.Attention-attracting
devices or objects oftentimes incorporate illumination,which may be stationary,moving,turning,blinking(including animation),
flashing or laser.Attention-attracting devices may or may not convey a message and can include,but are not limited to,search lights,
beacons,strobe lights,strings of lights,barber poles,internally illuminated translucent canopies or panels,electronically controlled
message boards(time/temperature signs,gas price signs,public service announcements,etc.)banners,streamers, pennants,
propellers and inflatable objects(including strings of balloons)or other device designed to attract attention.Any sign,which emits a
sound,odor,or visible matter,is considered an attention-attracting device.Approved traffic-control devices are not considered to be
attention-attracting devices.
AWNING
Any non-rigid material,such as fabric or flexible plastic,which extends from the exterior wall of a building and is supported by or
attached to a frame.
BANNER
Any sign,except an awning sign,applied to or made of cloth,paper,fabric,flexible plastic or other fabric-like material that only
uses such non-rigid material for backing or background.
BASEMENT
Any area of the building having its floor subgrade(below ground level)on all sides.
BASE FLOOD
The flood having a one percent(1%)chance of being equaled or exceeded in any given year based on current conditions
hydrology.Also known as the"100-yearflood."
BASE FLOOD ELEVATION(BFE)
A determination of the water surface elevations of the base flood based on current conditions hydrology as published in the Flood
Insurance Study.When the BFE has not been provided in a Special Flood Hazard Area,it may be obtained from engineering studies
available from a federal,state,or other source using FEMA approved engineering methodologies.This elevation,when combined
with the Freeboard,establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas.
BENEFIT DISTRICT
An area within which transportation development fees are collected pursuant to Chapter 7 of this Ordinance which includes all land
within the corporate limits and extraterritorial jurisdiction of the Town.
BERM
Any elongated earthen mound designed or constructed on a site to separate,screen or buffer adjacent land uses.
BEST MANAGEMENT PRACTICES(BMP)

Appendix C:Town of Cary Land Development Ordinance
Schedules of activities, prohibitions of practices,general good house keeping practices, pollution prevention and educational
practices, maintenance procedures,and other management practices to prevent or reduce the discharge of pollutants directly or
indirectly to storm water,receiving waters,or storm water conveyance systems. BMPs also include treatment practices,operating
procedures,and practices to control site runoff,spillage or leaks,sludge or water disposal,or drainage from raw materials storage.
BILLBOARD
Any outdoor advertising sign erected and maintained by an advertising business or service, upon which advertising matter may be
displayed and that generally advertises firms and organizations that,along with their goods and services, are not located on the
same premises as the sign;and whose surface is sold, rented or leased for display of advertising material.
BONA FIDE GIFT
Defined as a conveyance of the lot by deed of gift and no consideration may be paid for such gift.
BORROW MATERIAL
Fill material required for on-site construction that is obtained from other locations.
BREAKAWAY WALL
Any type of wall,whether solid or lattice,and whether constructed of concrete, masonry,wood, metal, plastic,or any other suitable
building material,which is not part of the structural support of a building and which is designed to break away during floods without
damage to the structural integrity of the building on which it is used or any buildings to which they might be carried by flood waters.
BUFFER,PERIMETER
A unit of land and any plants and structures(i.e.,walls,fences)thereon which is used to separate land uses from each other as
required by this Ordinance,including but not limited to the Type A Opaque,Type B Semi-Opaque,and Type C Aesthetic described in
Section 7.2.3.These buffers are typically undisturbed buffers; however,they may be supplemented to meet the performance
objectives of each buffer type.
BUFFER,INTERIOR
Buffers required within the interior of the overall development(for example, buffers along property lines of an outparcel interior to a
shopping center).
BUFFER,STREAM
The area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not
become channelized and which provides for infiltration of the runoff and filtering of pollutants(see Section 7.3).The buffer is
measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams,rivers,or
lakes.
BUFFER,UNDISTURBED
A unit of land containing existing healthy vegetation that shall be left in its natural state excluding noxious weeds and plants.Such
buffer shall not be graded, nor shall any development occur within such buffer unless otherwise allowed in this Ordinance.
BUILDING
A structure that is enclosed and isolated by a roof and exterior walls and used for shelter,support,or enclosure as a residence,
business, industry,or other public or private purpose,or accessory thereto,the construction of which may require a building permit
under the State building code.
BUILDING FOOTPRINT
The outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building,exclusive of
courtyards. In the absence of surrounding exterior walls,the building footprint shall be the area under the horizontal projection of the
roof.
BUILDING PERMIT
An official document issued by the Town of Cary pursuant to this Ordinance and the State building code authorizing the erection,
construction,reconstruction,restoration,alteration,enlargement,conversion,remodeling,demolition, moving,or repair of a building
or structure.
BUILDING,ACCESSORY
A building or structure that is on the same lot as,and of a nature customarily incidental and subordinate to,another building
or structure,and the use of which is clearly incidental and subordinate to that of the other building or structure.
BUILDING,PRINCIPAL
A building in which is conducted the principal use of the lot on which it is situated.A multi-occupant property may have more than
one principal building, but only structures regularly used for human occupancy may be considered principal buildings. Not an
accessory building.
BUILDING SETBACK LINE
A line establishing the minimum allowable distance between the nearest portion of any building and a property line,
measured perpendicularly between the building and the property line.

Appendix C:Town of Cary Land Development Ordinance
BUILDING WALL
An exterior load-bearing or non-load-bearing vertical structure,which encompasses the area between the final grade elevation and
the eaves of the building and used to enclose the space within the building.A porch, balcony,or stoop is part of the building
structure and may be considered as a building wall.
BUILT-UPON AREA
See"Impervious Surface Area".
CALIPER
A horticultural method of measuring the diameter of a tree trunk for the purpose of size grading.The caliper of the trunk is
measured six(6)inches above the ground for trees up to and including four(4)inches in diameter,twelve(12)inches above the
ground for trees greater than four(4)inches up to twelve(12)inches in diameter,and at breast height(four and one-half(4.5)feet)
for trees greater than twelve(12)inches in diameter.The following measurements of caliper may be used when appropriate:
vertically growing tree on a slope-measure diameter four and one-half(4.5)feet from the ground on the upper side of the slope;tree
leans-measure four and one-half(4.5)feet up the stem in the direction of the lean;tree forks below DBH-measure at the
narrowest part of the main stem below the fork(if the circumference measurement below the lowest fork places the measurement on
the ground,the trees shall be considered separately).
CANOPY
A roof structure constructed of rigid materials,including but not limited to, metal,wood,concrete, plastic,canvas or glass,which is
attached to and supported by a building,or which is freestanding and supported by columns, poles,or braces extended to the
ground. Unlike a marquee,a canopy generally has very limited vertical surface area;and unlike an awning,a canopy is generally
supported by vertical elements rising from the ground at two(2)or more corners.
CERTIFICATE OF EROSION CONTROL COMPLIANCE
A certificate issued by the Stormwater Manager following inspection of sedimentation and erosion control measures installed at a
construction site following issuance of a grading permit.
CHAMPION TREE
Any single tree other than a sweet gum that measures:(a)forty(40)caliper inches or greater for pines;(b)thirty-two(32)caliper
inches or greater for all upper story trees other than pines;or twelve(12)caliper inches or greater for dogwood,horticultural cherry,
redbud,silverbell,and serviceberry.A tree that meets the indicated size above but is dead or dying from a disease,or has an
abnormal form that is not characteristic of its species(for example the habit is one-sided,or the crown is significantly misshapen or
missing)as determined by a certified arborist,shall not be considered to be a Champion Tree.
CHEMICAL STORAGE FACILITY
A building, portion of a building,or exterior area adjacent to a building used for the storage of any chemical or chemically reactive
products.
CHICKEN COOP
An enclosed structure for housing or sheltering chickens which contains nesting boxes for the chickens to sit in while laying their
eggs as well as perches for the chickens to use while sleeping. Sometimes called a"henhouse."
CHICKEN PEN
An open-air,outdoor area connected to or surrounding the coop which is surrounded with wire or mesh screening to cage and
protect chickens from predators as they range outside the coop.
CHICKEN TRACTOR
A small,movable chicken coop used to allow chickens to forage on fresh grass daily.
CLEAN WATER ACT
The federal Water Pollution Control Act(33 U.S.C.§1251 et seq.),and any subsequent amendments thereto.
CLUSTER DEVELOPMENT
A development technique that concentrates or groups buildings in specific areas on a development site to conserve land resources
and provide for innovation in the design of the project.
COMMERCIAL MESSAGE
Any sign,wording,logo or other representation that,directly or indirectly,names,advertises,or calls attention to a business,
product,service or other commercial activity.
COMMISSARY
A permitted food establishment where a food truck returns daily for such things as discharging liquid or solid wastes,refilling water
tanks and ice bins,and loading of food ingredients or prepared food.
COMPATIBLE

Appendix C:Town of Cary Land Development Ordinance
A term used to describe how the visual aspects of a structure(including signage)are similar to or consistent with the other
structures on the same parcel,site,or in the immediate vicinity.Visual aspects include,but are not limited to:color,texture,
materials,scale,size,form and aspect.
CONDOMINIUM
A development containing individually owned dwelling units and jointly owned and shared areas and facilities that is subject to the
North Carolina Unit Ownership Act(G.S.Ch.47A)and/or the North Carolina Condominium Act(G.S.Ch.47C).
CONSERVATION EASEMENT
The voluntary granting of a right or interest in real property by a property's owner which stipulates that the described land will
remain in its natural state,and which precludes any future or additional development on a parcel or portion of a parcel.
CONSTRUCTION
Any act or process that requires a building permit for on-site fabrication,building,reconstruction,erection,extension,betterment,or
improvement of land providing a building or structure or any part thereof,which provides,adds to,repairs,or increases the floor area
of a residential or non-residential use.
CONSTRUCTION ACTIVITY(for purposes of NPDES Ph II Permit)
Activities subject to NPDES Construction Permits.These include construction projects resulting in land disturbance of one(1)acre
or more.Such activities include but are not limited to clearing and grubbing,grading,excavating,and demolition.
CONSTRUCTION DRAWINGS
A set of drawings that depict design and implementation of improvements required for site and/orsubdivision plans under this
Ordinance.
CONTIGUOUS
Next to,abutting directly,adjoining,or touching and having a common boundary or portion on the boundary of,or separated by a
street,railroad,public utility right-of-way,or body ofwater.
CONTROLLED-ACCESS HIGHWAY
A roadway which, in accordance with State and Federal guidelines,is designed to give preference to through traffic by providing
access connections at interchanges or selected public roads only,with no direct access from private roads or driveways and with no
crossings at grade, including any interstate,State, U.S.Route.
COPING
The finished edge of a roof.
COSMETIC AMENDMENT TO THE COMPREHENSIVE PLAN
A cosmetic amendment to the Comprehensive Plan is an amendment that affects the appearance,style,wording,or presentation
of the Plan,but that does not alter its meaning, interpretation,or recommendations.Examples of cosmetic amendments include,but
are not limited to:revising map or document style,format,or layout to enhance clarity;revising map or text content to accurately
reflect additions to Town facilities or revisions to adjoining jurisdictions'adopted plans;adding explanatory text or labels;and
correcting spelling or grammar.
CRITICAL ROOT ZONE
An underground circular area extending from the base of a tree's trunk a distance of at least one and one-quarter(1.25)feet from
the tree for each inch of caliper.
CU L-DE-SAC
A local street in which accessibility is limited to only one(1)means of ingress and egress and with a vehicular turnaround at the
end.
CURRENT CONDITIONS HYDROLOGY
The flood discharges associated with the land-use conditions existing within the drainage area of a watercourse at the time a flood
study of the watercourse was conducted. Current conditions flood discharges and historical flood study information are published in
the Flood Insurance Study.
DEAD END STREET
A street in which accessibility is limited to only one(1)means of ingress and egress.
DECK
A structure without a roof,either freestanding or attached to a building,which is supported by posts or pillars.
DENSITY,GROSS
The total number of dwelling units theoretically allowed on a particular parcel based upon its size and zoning designation while not
taking into account the portions of unbuildable land.

Appendix C:Town of Cary Land Development Ordinance
DENSITY,NET
The total number of dwelling units on a particular tract or parcel of land, not taking into account portions of the tract or parcel which
contain rights-of-way for collector or larger streets,Flood Hazard Area,lakes,other water bodies,or wetlands falling under the
regulatory jurisdiction of the U.S.Army Corps of Engineers.
DETACHED
Not physically connected to another building or structure.
DETENTION
The temporary,on-site restraining of stormwater.
DETENTION FACILITY
A natural or artificial facility that provides temporary storage of excess stormwater runoff for the purpose of releasing it at a
controlled rate.A detention facility normally drains completely between storm events. May also be known as a detention basin.
DEVELOPER
That person or entity improving or developing land that may or may not be the owner of the property.
DEVELOPMENT
The initiation,construction,change,or enlargement of any use or structure,the disturbance of land through the removal of ground
cover,or the division of land into two(2)or more parcels."Development shall include,but not be limited to,the following:
• Construction or enlargement of a building or structure;
• Change in the type of use of a building,structure,or land;
• Material increase in the intensity of use of land,such as an increase in the number of businesses,offices,manufacturing
establishments,or dwelling units located in a building or structure or on the land;
• Commencement or expansion of resource extraction,agricultural,horticultural,or forestry activities on a parcel of land;
• Demolition of a structure or the removal of trees from a parcel of land;
• Deposition of refuse,solid or liquid waste,or fill on a parcel of land;
• Alteration,either physically or chemically,of the shore,bank,or channel of any stream,lake,or other body of water or
alteration of any wetland;and
• Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or
which otherwise decreases the infiltration of precipitation into the soil.
• Any man-made change to improved or unimproved real estate,including, but not limited to, buildings or other structures,mining,
dredging,filling,grading,paving,excavation or drilling operations,or storage of equipment or materials.
DEVELOPMENT,EXISTING
For the purposes of the Watershed Protection Overlay district only,existing development includes those projects meeting at least
one(1)of the following criteria:
• Development having a common law vested right,which is a substantial expenditure of resources(e.g.,time,labor,money)
based on a good faith reliance upon having received a valid local government approval to proceed with the project;
• Having a current building permit issued by the Town;
• Having an approved site-specific site and/or subdivision plan issued by the Town as authorized by the G.S. 160A-385.1;or
• Conforming single-family lots of record that received final plat approval before July 1, 1993.
DIAMETER AT BREAST HEIGHT(DBH)
The measurement of the diameter of a tree trunk taken at a height of four and one-half(4.5)feet above the ground.
DIRECTOR OF PARKS,RECREATION,AND CULTURAL RESOURCES
The Director of the Town of Cary Department of Parks,Recreation,and Cultural Resources.
DIRECTOR OF PLANNING
The Director of the Town of Cary Department of Planning.
DISPOSAL
As defined in G.S. 130A-290(a)(6),the discharge,deposit,injection,dumping,spilling,leaking,or placing of any solid waste into or
on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into
the air or discharged into any waters, including groundwaters.
DOMESTIC BEEKEEPING

Appendix C:Town of Cary Land Development Ordinance
The care,manipulation,and management of all life-stages of the honey-producing insects of the genus and species Apis melliferea
for non-commercial purposes.
DRIVE AISLE
An area in a parking lot in between parking spaces so that vehicles can drive into and out of the spaces.
DRIVE-THROUGH FACILITY
A business or facility which is designed or intended to enable a customer to transact business without exiting a motor vehicle
parked on or moving through the premises.
DWELLING
A building or portion thereof containing living,sleeping, housekeeping,and sanitary facilities that are designed,arranged,or used
for permanent living quarters for one(1)or more families. This term shall not include a motel, hotel,guest house,or other structure
designed for transient residence.
DWELLING UNIT
A single unit providing complete,independent living facilities,including areas for cooking and sanitation for one(1)family.
EASEMENT
A grant by a property owner to the public,a corporation,or other person or persons of the right to use an identifiable piece of land
for specified purposes,such as for access or utilities.
ELECTRONIC GAMING MACHINE
An electronic machine, including but not limited to computers and gaming terminals,used to conduct games of chance or
sweepstakes in which cash,merchandise or anything else of value is redeemed or otherwise distributed or placed on an account or
other record,whether or not the value of such distribution is determined by electronic games played or by predetermined odds.
ELEVATED BUILDING
A non-basement building which has its lowest elevated floor raised above ground level by foundation walls,shear walls,posts,
piers, pilings,or columns.
ENCROACHMENT
The projection or intrusion of a building,structure,or other land-disturbing activity into an area where such projections are typically
prohibited.
ENCROACHMENT(for the purposes of floodplain management)
The advance or infringement of uses,fill,excavation,buildings,structures or development into a floodplain,which may impede or
alter the flow capacity of a floodplain.
ENERGY DISSIPATOR
A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break
down the energy from high velocity flow of water.
ENFORCEMENT OFFICIAL
A person charged by the Town Manager or Manager's designee with enforcement of the provisions of this Ordinance.May also be
referred to as a Zoning Compliance Officer.
ENGINEER
A professional engineer registered by the State of North Carolina.
ENGINEERED STORMWATER CONTROL STRUCTURE
Stormwater control structures designed by an engineer or landscape architect to control stormwater runoff,including structures
such as wet detention ponds.
EROSION
The wearing away of land surface by the action of wind,water,gravity,or any combination thereof.
EROSION CONTROL MEASURE,STRUCTURE,OR DEVICE
A measure,structure,or device that controls the soil material within the land area under responsible control of the person
conducting the land-disturbing activity.
EXTRATERRITORIAL JURISDICTION
The area adjacent to and beyond the municipal limits of the Town over which Cary has been granted an exercise of municipal
governmental powers,including but not limited to the power to regulate development,in accordance with G.S. 160A-360.
FAMILY
One(1)person or a group of persons related by blood,marriage,or adoption,plus up to three(3)additional unrelated persons,

Appendix C:Town of Cary Land Development Ordinance
who occupy a dwelling unit as a single housekeeping unit.
FARM,BONA FIDE
A parcel of land used for the production and activities relating or incidental to the production of crops,fruits,vegetables,
ornamental and flowering plants,dairy,livestock,poultry,and all other forms of agricultural products having a domestic or foreign
market.A bona fide farm shall include any buildings and structures that are customarily and necessarily incidental to such activities
and the retail sale of products grown or raised on the premises.
FARM MARKET
An area that is used by one(1)or more operators of bona fide farms for the sale of agricultural products not grown on the same
premises as the market.
FENCE
A structure used to delineate a boundary or act as a barrier or means of protection,confinement,or screening.
FENESTRATION
Architectural treatment over,around,or near a window,door,or other feature of relief on the elevation of abuilding.
FLAG
Any fabric or bunting containing distinctive colors, patterns or symbols,used as a symbol of a government,political subdivision,
corporation,lodge,fraternity or sorority,political party,nonprofit organization,charity,club,association or other entity.
FLAG LOT
An irregularly shaped lot in which the buildable section is connected with an arm that fronts a street and the width of the arm does
not meet the minimum lot width standards in the zoning district in which it is located.
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or
the unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD FRINGE
That part of an area of special flood hazard that is not located in the floodway.
FLOOD HAZARD AREA
The flood hazard area is comprised of the special flood hazard area and the future conditions flood hazard area.
FLOOD HAZARD BOUNDARY MAP(FHBM)
An official map of a community,issued by the Federal Emergency Management Agency(FEMA),where the boundaries of the
areas of special flood hazard have been designated as zone"A."
FLOOD INSURANCE
The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP(FIRM)
An official map of a community,issued by the Federal Emergency Management Agency,on which the Special Flood Hazard
Areas,the future conditions flood hazard areas,and the risk premium zones applicable to the community are delineated.
FLOOD INSURANCE STUDY
The official report,provided by the Federal Emergency Management Agency,which contains flood profiles as well as the Flood
Hazard Boundary Map or Floodway Map and the water surface elevation of the base flood.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN DEVELOPMENT PERMIT
Any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any
development activity.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and
enhancing,where possible,natural resources in the floodplain, induding,but not limited to,emergency preparedness plans,flood
control works,floodplain management regulations,and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS
This ordinance and other zoning ordinances,subdivision regulations, building codes, health regulations,special purpose
ordinances,and other applications of police power which control development in flood-prone areas.This term describes federal,state
or local regulations,in any combination thereof,which provide standards for preventing and reducing flood loss and damage.

Appendix C:Town of Cary Land Development Ordinance
FLOODPLAIN,ONE PERCENT(1%)ANNUAL CHANCE OR BASE FLOODPLAIN
The special flood hazard area.
FLOODPROOFING
Any combination of structural and nonstructural additions,changes,or adjustments to structures,which reduce or eliminate flood
damage to real estate or improved real property,water and sanitation facilities,structures,and their contents.
FLOODWAY
The channel of a river,stream,or other watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation by more than one(1)foot.
FLOOD ZONE
A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of
flooding in the area.
FLOOR AREA
The gross total horizontal area of all floors including:
(a) usable basements and cellars;
(b) the portion of attics accessible by fixed stairs where the distance between floor and ceiling is at least five(5)feet;and
(c) below the roof and within the outer surface of the main walls of principal or accessory buildings,or the centerlines of a party
wall separating such buildings or portions thereof,or within lines drawn parallel to and two(2)feet within the roofline of any building
or portions thereof without walls.
In the case of non-residential facilities,floor area calculations shall not include arcades,porticos,and similar areas open to the
outside air which are accessible to the general public and which are not designed or used as areas for sales,display,storage,
service,or production.
FLOOR AREA RATIO(FAR)
The ratio of the gross floor area on a lot to the area of such lot.
FOOD TRUCK
A specialized unit mounted on,or pulled by,a self-propelled vehicle where food or beverage, including prepackaged food, is
prepared,cooked,served,or dispensed,for individual portion service.Such vehicle is self-contained with its own drinking water
tank and waste water tank; is designed to be readily movable;is located on an allowed site for more than thirty(30)minutes;
and is moved daily to return to its commissary. May also be referred to as a"mobile food vending unit." This definition shall include
a mobile farmers market for the sale of locally grown fresh produce which is in its original form and not altered or processed. This
definition shall not include mobile canteen,coffee,or ice cream trucks that move from place to place and remain stationary in the
same location for no more than thirty(30)minutes at a time,or food vending push carts that are allowed at the front of retail
establishments in accordance with Section 5.4.6(C).
FOOT-CANDLES
The amount of light that falls onto a surface.
FOOT-CANDLES,AVERAGE
The average of a number of points of foot-candle calculations or foot-candle readings in a given area.
FOOT-CANDLES,INITIAL
Foot-candles that are calculated with no adjustment for dirt build-up in the fixture of lamp lumen depreciation.Initial foot-candles
should be measured when a lighting system is new and after 100 hours of lamp burn-in time.
FOOT-CANDLES,MAINTAINED
Foot-candles that are calculated with an adjustment for a maintenance factor to include dirt build-up in the luminaire(fixture)and
lamp lumen depreciation.The system is in effect over designed initially and then over time allowed to reach a maintained foot-candle
level.
FOR GOOD CAUSE SHOWN
For the purposes of considering a request for an extension of time to perform a certain action or requirement,the phrase"for good
cause shown"shall generally refer to situations or circumstances in which the time to perform the act has not expired and in which
the entity seeking the extension does not have direct and/or complete control of a related aspect of the project that is essential,and
contributes,to performance of the particular action or requirement that is the subject of such request. Examples of such situations
shall include,but are not limited to:
• Appeal of an approval,permit or other similar decisions brought about by an entity other than the applicant and filed in
accordance with all applicable procedures and requirements;and
• Inaction or delay by another governmental agency or approval authority with respect to the review/approval of a related or
component aspect of the project.

Appendix C:Town of Cary Land Development Ordinance
For the purposes of considering a request to waive the minimum required waiting period for submitting subsequent application for
a property following certain actions(as further described in this Ordinance)on the initial request,the phrase"for good cause shown"
shall generally refer to situations or circumstances in which there has been substantial/significant change to one or more aspects of
the project at the time of initial application or request.
FOREST OR FOREST STAND
Areas or stands of trees,the majority of which are greater than ten(10)inches caliper,covering an area greater than one-quarter
(0.25)acre;or groves of mature trees without regard to minimum area consisting of substantial numbers of individual specimens
(Substantial numbers represents more of a visual impression as opposed to a specific number).
FOUNDATION PLANTINGS
Vegetative material typically consisting of shrubs and/or ground cover which is planted proximate to the exterior wall or walls of a
structure.
FREEBOARD
The height added to the Base Flood Elevation(BFE)or the Future Conditions Flood Elevation to account for the many unknown
factors that could contribute to flood heights greater that the height calculated for a selected size flood and floodway conditions,such
as wave action,bridge openings,and the hydrological effect of urbanization on the watershed.The Base Flood Elevation plus the
freeboard establishes the Regulatory Flood Protection Elevation.
FUNCTIONALLY DEPENDENT FACILITY
A facility which cannot be used for its intended purpose unless it is located in close proximity to water,such as a docking or port
facility necessary for the loading and unloading of cargo or passengers,shipbuilding,or ship repair.The term does not include long-
term storage, manufacture,sales,or service facilities.
FUTURE CONDITIONS FLOOD
The flood having a one percent(1%)chance of being equaled or exceeded in any given year based on future conditions hydrology.
FUTURE CONDITIONS FLOOD ELEVATION
A determination of the water surface elevations of the one percent(1%)annual chance flood based on future conditions hydrology
as published in the Flood Insurance Study.This elevation,when combined with the freeboard,establishes the Regulatory Flood
Protection Elevation in Future Conditions Flood HazardAreas.
FUTURE CONDITIONS FLOOD HAZARD AREA
The land area that would be inundated by the one percent(1%)annual chance flood based on future conditions hydrology.
FUTURE CONDITIONS HYDROLOGY
The flood discharges associated with projected land-use conditions based on the Town's comprehensive land-use plans and
without consideration of projected future construction of flood detention structures or projected future hydraulic modifications within a
stream or other waterway such as bridge and culvert construction,fill,and excavation. Future conditions flood discharges are
published in the Flood InsuranceStudy.
GLARE
The reflection or harsh,bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to
cause annoyance,discomfort,or loss in visual performance and visibility.
GREENWAY
A linear open space,either privately-owned or owned by the Town or another unit of government,which contains trails for activities
such as walking, bicycling,or horseback riding,or provides areas for passive recreation,but not for use by vehicles for purposes
other than maintenance.
GROUND COVER
Any natural vegetative growth or other material that renders the soil surface stable against accelerated erosion.
HAZARDOUS MATERIAL
Any substance that,because of its quantity,concentration,or physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or the environment. Such materials are listed SARA Section 302,Extremely Hazardous
Substances,CERCLA Hazardous Substances,or Section 311 of CWA(oil and hazardous substances).
HAZARDOUS WASTE FACILITY
As defined in NCGS Article 9 of Chapter 130A,a facility for the collection,storage,processing,treatment,recycling,recovery,or
disposal of hazardous waste.
HEALTH CARE OFFICE
Offices and laboratory facilities for the use of physicians,health care providers,and other support personnel.Such use typically
involves the dispensing of medical or health-related advice and prescriptions and performance of minor medical procedures.

Appendix C:Town of Cary Land Development Ordinance
HIGH DENSITY DEVELOPMENT
For purposes of the Watershed Protection Overlay district,development that contains an amount of impervious surface area that
requires engineered stormwater control measures.
HIGHEST ADJACENT GRADE(HAG)
The highest natural elevation of the ground surface,prior to construction,immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE
Any structure that is:(a)listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing in the National Register;(b)certified or preliminarily determined by the
Secretary of Interior as contributing to the historical significance of a registered historic district;(c)individually listed on the North
Carolina inventory of historic places;(d)individually listed on a Wake County,Cary or other local inventory of historic places in
communities with historic preservation programs that have been certified by an approved state program as determined by the
Secretary of Interior.
HOLIDAY DECORATIONS
Displays erected on a seasonal basis in observance of religious,national,or state holidays which are not intended to be
permanent in nature and which contain no advertising material.
HOME OCCUPATION
An occupation or profession that involves the rendering of a service in exchange for monetary fees or other remuneration or
administrative support for a business where services are rendered off-site, is conducted wholly within a dwelling unit,does not
change the character of the dwelling unit,and is limited in extent and clearly incidental and secondary to the use of the dwelling unit
for residential purposes.Home occupation businesses do not exchange goods or products on site though services may be delivered
on site.
ILLEGAL DISCHARGE
Any direct or indirect non-storm water discharge to the storm drain system.
ILLICIT CONNECTION
An illicit connection is defined as either of the following:
(a) Any drain or conveyance,whether on the surface or subsurface that allows an illegal discharge to enter the storm drain
system including but not limited to any conveyances that allow any non-storm water discharge including sewage,process
wastewater,and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and
sinks,regardless of whether said drain or connection had been previously allowed, permitted,or approved by an authorized
enforcement agency or,
(b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been
documented in plans, maps,or equivalent records and approved by an authorized enforcement agency.
IMPERVIOUS SURFACE AREA
Any hard-surfaced, man-made area that allows little or no infiltration of precipitation into the soil. Impervious surface areas include
that portion of a development project that is covered by buildings;areas paved with concrete,asphalt or brick;gravel road;recreation
facilities such as tennis courts;patios,driveways,and streets."Impervious surface area"does not include slatted decks and the
water surface area of a swimming pool.
IMPROVEMENT
Any building,structure,bridge,work of art,area, parking facility, public facility,fence,gate,wall,landscaping,or other object,or any
part thereof,constituting physical addition to real property.
INACTIVE APPLICATION
Any application for an entitlement, procedure,or approval outlined in Chapter 3 of this Ordinance which has not been withdrawn,
approved,or tabled;and which has not maintained the associated review schedule and/or which lacks any written correspondence
between the applicant and the Town for a period of ninety(90)days or more.
INDEPENDENT LIVING UNIT
A dwelling unit that is part of a life care community that includes complete facilities for independent living,including cooking and
sanitary facilities.The occupants are presumed to be able to function independently of the support facilities of the life care
community.
INDUSTRIAL DEVELOPMENT
For the purposes of stormwater management,any non-residential development that requires an NPDES permit for an industrial
discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing,assembling,finishing,
cleaning or developing any product or commodity.
INDUSTRIAL DISCHARGE
The discharge of industrial process treated wastewater or wastewater other than sewage and includes:

Appendix C:Town of Cary Land Development Ordinance
Wastewater resulting from any process of industry or manufacture,or from development of any natural resource;
Wastewater resulting from processes of trade or business,including wastewater from laundromats and car washes,but not
wastewater from restaurants;
Stormwater will not be considered to be industrial wastewater unless it is contaminated with industrial wastewater;or
Wastewater discharged from a municipal wastewater treatment plant requiring a pre-treatment program.
INOPERABLE VEHICLE
Any motorized vehicle incapable of immediately being driven and not properly licensed or inspected for safety in accordance with
state law.
INSTITUTIONAL USE
For the purpose of determining allowable signage,a school,religious institution,or other use operated by a public agency or non-
profit organization and permitted as a use in one(1)or more residential zoning districts in the Town.A day-care facility shall be
considered an institution regardless of ownership oroperation.
INTERSTATE HIGHWAY
A controlled-access highway that is part of the federal interstate highway system.
JUNKED MOTOR VEHICLE
A motor vehicle that does not display a current license plate lawfully upon the vehicle and: is partially dismantled or wrecked;or
cannot be self-propelled or moved in the manner in which it was originally intended to move;or is more than(5)five years old and
appears to be worth less than one hundred dollars($100).
LAKE OR NATURAL WATERCOURSE
Any stream,river,swamp,canal,or other waterway,and any reservoir,lake,or pond, natural or impounded.
LAND BANKING
The reservation or set-aside of a parcel or portion of a parcel as mitigation to compensate for on-site or off-site land-disturbing
activity.
LAND-DISTURBING ACTIVITY
Any use of the land by any person for residential, industrial,educational,institutional,or commercial development,or for 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.Within watershed management areas,land-disturbing activity shall include the clear cutting of trees unless
specifically exempted by this Ordinance.
LANDOWNER
Any owner of a legal or equitable interest in real property,including the heirs,devisees,successors,assigns,and agent or personal
representative of the owner.The person shown on the records of the register of deeds of the county shall be presumed to be the
person in control of the property.
LANDSCAPED AREA
A portion of a site or property containing vegetation to exist after construction is completed.Landscaped areas primarily include
natural areas, buffers,streetscapes,lawns,and plantings;but may also include organic and inorganic mulch,decorative planters,
irrigation systems,and elements of ornamentation such as lamps,sculptures,and the like.
LIGHT,CUTOFF
An artificial outdoor lighting fixture designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.
LIGHT,NONCUTOFF
An artificial outdoor lighting fixture designed to allow light to be directly emitted above a horizontal line parallel to the ground.
LOCAL STREETS
Provide the highest degree of access and the least mobility.They are generally associated with residential areas and permit direct
access to abutting land(examples include cul-de-sacs,loop streets,residential local streets,non-residential local streets).
LOGO
The graphic or pictorial presentation of a message,induding,but not limited to,the use of shapes,designs,decorations,emblems,
trademarks,symbols,or illustrations,or the superimposition of letters or numbers or any other use of graphics or images other than
the sequential use of letters and numbers.
LOT
A portion of a subdivision established by some legal instrument,such as a recorded deed or plat,and which is recognized as a
separate legal entity for purposes of transferring title.
LOT,CORNER

Appendix C:Town of Cary Land Development Ordinance
A lot located at the intersection and abutting two(2)or more streets.
LOT,NONCONFORMING
A lot that met all legal requirements when it was platted or otherwise recorded but which does not comply with the minimum lot
area or minimum lot width requirements of this Ordinance,or a subsequent amendment hereto,for the zoning district in which it is
located.
LOT OF RECORD
A lot that is recorded by the county register of deeds.
LOW DENSITY DEVELOPMENT
For purposes of the Watershed Protection Overlay district,development that contains less than the amount of impervious surface
area that is allowed without the requirement for engineered stormwater control measures.
LOWEST ADJACENT GRADE(LAG)
The elevation of the ground,sidewalk or patio slab immediately next to the building,or deck support,after completion of the
building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area of a building,including the basement.An unfinished or flood resistant enclosure,
useable solely for parking of vehicles,building access,or storage,in an area other than a basement area,shall not be considered the
lowest floor,provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of Section 7.5 of this Ordinance.
MAJOR TRANSIT TRIP GENERATORS
Sites that consist of any of the following uses:Mixed use or activity centers,large commercial centers, midrise multi-family,
hospitals,college or universities,outdooramphitheaters.
MANUFACTURED BUILDING
A structure consisting of one(1)or more transportable sections built and labeled within a manufacturing plant facility in accordance
with the appropriate State or Federal Construction Code which governs the structure's intended usage when erected on a building
site.
MANUFACTURED HOME SPACE
A portion of a manufactured home park which is rented or leased for the permitted placement of one(1)manufactured home and
permitted accessory structures or buildings for use by the occupant.
MARKET VALUE
The building value,not including the land value and that of any accessory structures or other improvements on the lot.Market
value may be established by independent certified appraisal;replacement cost depreciated for age of building and quality of
construction(Actual Cash Value);or adjusted tax assessed values.
MARQUEE
A roof-like structure that cantilevers from the wall of a building over its principal entrance,that has no vertical supports other than
the wall from which it cantilevers,and that provides a wall surface at least four(4)feet high.
MASSAGE BUSINESS
A commercial establishment where massage or similar treatment is administered by a person licensed by the State and meeting
the ethical and educational requirements specified by the American Massage Therapy Association,or equivalent national or state
standards.
MASTER SIGN PLAN(formerly known as a Uniform Sign Plan)
A plan establishing requirements for the size,location and design of signs on a property that was part of a planned development or
is being constructed and/or managed as a singledevelopment.
MEAN POOL DEPTH
The cross-sectional area of a stream,pond or other body of water divided by the width of the body of water's free surface.
MEAN SEA LEVEL
For purposes of this ordinance,the National Geodetic Vertical Datum(NGVD)as corrected in 1929,the North American Vertical
Datum(NAVD)as corrected in 1988,or other vertical control datum used as a reference for establishing varying elevations within the
floodplain,to which Base Flood Elevations(BFEs)shown on a FIRM are referenced. Refer to each FIRM panel to determine datum
used.
MECHANICAL AND UTILITY EQUIPMENT
Heating,ventilation,air conditioning,and other mechanical and utility equipment,including but not limited to,hoses,pipes,vents,
fans,compressors,pumps,and heating and cooling units associated with buildings and accessory structures.

Appendix C:Town of Cary Land Development Ordinance
MENU BOARD
A permanent sign placed for the purpose of listing food available for sale at a drive-through restaurant.
MINOR ENTRANCE
A street entrance or entrances leading from collector streets or marginal access streets to subdivisions, multifamily developments,
industrial,commercial,office and institutional uses,and planned unit developments.
MINOR MODIFICATION
The ability of the Planning Director or the Town Council to reduce or relax various development standards in cases of hardship.
MODEL SALES HOME
A permanent building intended for ultimate use as a residential dwelling unit that is typical of the dwellings in the residential
development where it is located and which is temporarily used by the builder for the purpose of display and sales associated with
residential property where the builder has other homes for sale in the same development or subdivision.
MODULAR BUILDING
A manufactured building constructed in accordance with the North Carolina State Building Code.
MODULAR HOME
A manufactured building designed to be used as a one(1)-or two(2)-family dwelling unit which has been constructed and labeled
indicating compliance with the North Carolina State Residential Code.
MULTI-OCCUPANT NON-RESIDENTIAL DEVELOPMENT
A building or group of buildings under unified ownership or management that contains more than one(1)non-residential
establishment or occupant.
MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4)
The system of conveyances(including sidewalks,roads with drainage systems,municipal streets,catch basins,curbs,gutters,
ditches,man-made channels,or storm drains)owned and operated by the Town of Cary and designed or used for collecting or
conveying stormwater,and that is not used for collecting or conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM(NPDES)STORMWATER DISCHARGE PERMIT
A permit issued by EPA(or by a State under authority delegated pursuant to 33 USC§1342(b))that authorizes the discharge of
pollutants to waters of the United States,whether the permit is applicable on an individual,group,or general area-wide basis.
NATURAL EROSION
The wearing away of the earth's surface by water,wind,or other agents under natural environmental conditions undisturbed by
man.
NATURAL OBSTRUCTION
Any rock,tree,gravel,or other natural matter that is an obstruction and has been located within the one percent(1%)annual
chance floodplain by a nonhuman cause.
NET RESIDENTIAL ACREAGE
As used in the Cluster Subdivision development option,the amount of land which can be utilized for the placement of dwelling
units and associated appurtenances.
NEW CONSTRUCTION
Structures for which the"start of construction"commenced on or after the effective date of the original version of the community's
Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.
NONCONFORMITY
Any use,building,structure,lot,or sign that was lawful at the time it was constructed or established but which fails to comply with
one or more of the applicable regulations or standards of this Ordinance.
NON-ENCROACHMENT AREA
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one(1)foot as designated in the Flood Insurance Study report.
NON-EROSIVE
The ability of a ground cover to withstand the velocity of stormwater runoff during the design storm.
NON-RESIDENTIAL
Used or intended for purposes other than as a dwelling unit.
NON-RESIDENTIAL CENTERS

Appendix C:Town of Cary Land Development Ordinance
Shopping centers and other non-residential developments where buildings are arranged in close proximity to each other.
NON-STORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed entirely of stormwater.
NOT-FOR-PROFIT BUSINESS
A business or corporation whose activities and endeavors are not motivated by or funded by profit-making motives.
NUISANCE VEHICLE
A motor vehicle on public or private property that is determined and declared to be a health or safety hazard,a public nuisance or
unlawful, including a vehicle found to be any of the following:A breeding ground or harbor for mosquitoes,other insect, rats or other
pests;a point of heavy growth of weeds or other noxious vegetation over eight inches(8")in height;a point of collection of pools or
ponds of water;a point of concentration of quantities of gasoline,oil or other flammable or explosive materials as evidenced by odor;
one which has areas of confinement which cannot be operated from the inside,such as hoods,trunks, etc.;so situated or located
that there is a danger of it falling or turning over;used by children in play activities;one which is a point of collection of garbage,food
waste,animal waste,or any other rotten or putrescible matter of any kind;one which has sharp parts which are jagged or contain
sharp edges of metal or glass;and other vehicle specifically declared a health and safety hazard or a public nuisance by the Town
Council.
OFF-SITE TOWER LOCATION
Only for the purposes of regulating the locations of communications towers, "off-site"location shall mean any site not owned or
leased by the owner or operator of the communications tower. However,this definition shall not include any property contiguous to
the property on which the communications tower is physically located if said property is:
• Owned or leased by the owner or operator of the communications tower;or
• Directly associated with the operation, maintenance or ownership of the communications tower; or
• Owned by the lessor of the property on which the communications tower is located.
OFFICE PARK
A development containing more than one(1)office building and supporting ancillary uses designed,planned,constructed,and
managed on an integrated and coordinated basis.
OFFSET
A reduction in transportation development fees in accordance with this Ordinance.
ONE YEAR,TWENTY FOUR HOUR STORM
The surface runoff resulting from a twenty-four(24)-hour rainfall of an intensity expected to be equaled or exceeded,on average,
once every twelve(12)months and with a duration of twenty-four(24)hours.
OPEN SPACE
Any portion of a parcel or area of land or water which is maintained in a natural and undisturbed character. However,open space
may include recreational facilities such as swimming pools,golf courses,greenways and tennis courts.
OPEN SPACE,BONUS
As used in Section 4.4.3 Conservation Residential Overlay District and Section 8.4 Alternative Development:Cluster Residential
Subdivisions,is defined as non-regulatory open space that is voluntarily provided within a cluster subdivision or conservation
residential overlay subdivision that meets the requirements set forth in the relevant sections of this ordinance.
OPEN SPACE,COMMON
Open space owned by a homeowner's association as part of a development,with its use limited by private covenant or other deed
restriction.
OPEN SPACE,REGULATORY
As used in Section 4.4.3 Conservation Residential Overlay District and Section 8.4 Alternative Development:Cluster Residential
Subdivisions,is defined as open space that is required to be preserved pursuant to other provisions of the Land Development
Ordinance,and includes, but is not limited to,regulatory floodplains, Urban Transition Buffers/stream buffers,streetscapes,American
Tobacco Trail buffer,and other required areas.
OUTDOOR DISPLAY OF GOODS
The display and sale of products outside of a building or structure including garden supplies,clothing,toys, play equipment,
agricultural products, building and landscape materials,food and beverages.
OUTDOOR DISPLAY/SALES AREA
A specific area located adjacent to the principal entrance of a retail structure which is intended for the sales and/or display of goods
and products.
OUTFALL

Appendix C:Town of Cary Land Development Ordinance
A point at which stormwater enters surface water or exits the property of a particular owner.
OUTPARCEL
A portion of land in a subdivision,shopping center,or other development which does not contain the primary building or buildings
associated with the development,and which is intended for development of one(1)or more smaller independent buildings usually
located adjacent to a development's street frontage.Such outparcels are typically smaller than the parent parcel and may not be
contiguous to the parcel containing the primary building or buildings.
OVERLAY DISTRICT
A zoning district that includes supplementary or replacement regulations to the requirements of the underlying,base zoning district.
PARAPET WALL
That portion of a building wall that extends above the level of the roofline.
PARCEL
A piece of property that has not been approved as a portion of a subdivision of land.
PARENT
As used in Section 7.3,Stormwater Management,"parent"is an affiliate that directly or indirectly,through one(1)or more
intermediaries,controls another person.
PARKING SPACE,OFF-STREET
A space which is designed for the parking or temporary storage of one(1)motor vehicle located outside of a dedicated street
right-of-way.
PARKING SPACE,TANDEM
A parking space within a group of two(2)or more parking spaces arranged one behind the other.
PEAK HOUR TRIPS
The greatest number of vehicle trips generated by a unit of new development during any sixty(60)minute period in a given day.
PEAK STORMWATER RUNOFF
The maximum amount of stormwater runoff passing over a designated point or area during or after a storm event.
PENNANT
Any lightweight plastic,fabric,or other material,whether or not containing a message of any kind,which is suspended from a rope,
wire,string,or pole,usually in series,and which is designed to move in the wind.
PERSON
Any individual,partnership,firm,association,joint venture,public or private corporation,trust,estate,commission,board,public or
private institution,utility,cooperative,interstate body,or other legal entity.
PET GROOMING ESTABLISHMENT
A personal service establishment at which domesticated animals are bathed,clipped,trimmed or shorn,or other such non-medical
treatment is administered indoors,and no animals are kept on the premises overnight.
PHASE OF GRADING
One(1)of two(2)types of grading:rough or fine.
PLAN,AS-BUILT
A reproducible mylar plan showing the true and actual location and nature of buildings,structures,plant materials,underground
utility lines,and other features or improvements that have been installed on or off the property pursuant to a site and/or subdivision
plan approved under this Ordinance,to be used to determine compliance with the requirements of this Ordinance.
PLAN,CONCEPT
A graphical depiction of one(1) or more potential development alternatives for one (1) or more parcels of land which includes
less detail than a site plan, but which is intended to convey information such as, but not limited to: various general types of land
uses or use classifications,their general arrangement,and their general appearance within the plan's boundary.
PLAN,LANDSCAPING
A plan,drawn to scale,showing dimensions and details of the portion of a site devoted to planting materials and their maintenance.
PLAN,MASTER
The maps,illustrations,and supporting text associated with a planned development which conveys the allowable uses,densities,
non-residential intensities,and arrangement of uses within the boundaries of the planned development along with any associated
conditions, phasing schedules,and other agreements.

Appendix C:Town of Cary Land Development Ordinance
PLAN,PLOT
A map identifying the outer extents of a single unit or parcel of land which can be referenced to a recorded plat or map.
PLAN,SITE
A plan depicting the proposed development of a property,in terms of the location,scale,and configuration of buildings,uses,and
other features containing all the information required by this Ordinance.
PLAN,SKETCH
A subdivision plan or site plan that represents a concept of a proposed project of sufficient accuracy and details to receive
preliminary approval under this Ordinance.Such plan must be followed by construction drawings to receive final approval before
actual development may commence.
PLAN,SUBDIVISION
A proposed plan of development to establish a subdivision that contains all information such as lot lines,streets,easements,and
other features required by this Ordinance.
PLANNED DEVELOPMENT
A tract of land that is planned and developed as an integral unit in accordance with a master plan,detailed engineering and design
plans,and flexible development standards that illustrate and address land uses,circulation,utilities, parking,setbacks,housing
densities,land coverage,landscaping and buffers,open space,and similar features of the project.
PLANNED TRANSIT ROUTE
A transit route identified in the Town's adopted Comprehensive Plan,the Wake County Transit Plan,or any other local or regional
plan applicable to the Town.
PLAT
A map document prepared by a registered surveyor orengineer representing a tract of land showing the boundaries and location of
individual properties,streets,and other related items for identifying property.
PLAT,FINAL
A map indicating the final layout of a residential or non-residential subdivision which illustrates lots,easements,dedications,and
other similar aspects,which have been approved by the Town,and is intended for recording with the Register of Deeds.
PLAT,RECOMBINATION
A map which depicts the joining of two or more individual units of land into a new configuration which complies with the required
standards and which is intended for recording with the Register of Deeds.
POD
As used in planned developments,smaller areas inside a planned development boundary intended to contain similar and/or
complimentary uses typically accessed by the same primary roadways,and generally intended for development at or around the
same time.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants may include,but are not limited to:paints,varnishes,and solvents;oil
and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes;refuse,rubbish,garbage,litter,or other
discarded or abandoned objects,ordinances,and accumulations,so that same may cause or contribute to pollution;floatables;
pesticides,herbicides,and fertilizers;hazardous substances and wastes;sewage,fecal coliform and pathogens;dissolved and
particulate metals;animal wastes;wastes and residues that result from constructing a building or structure;and noxious or offensive
matter of any kind.
PORCH
An unenclosed exterior appendage to a building,forming a covered or uncovered approach to a doorway.
POROUS PAVEMENT
A pavement surface used forvehicular use areas through which water can penetrate the surface so as to percolate to the soil
beneath.
PORTICO
A porch or walkway,open to the outside air,which is covered by a roof that is supported by columns or pillars,typically leading to
the entrance of a building.A portico is considered a"canopy"for purposes of determining signage.
POST-FIRM
Construction or other development for which the"start of construction"occurred on or after the effective date of the initial Flood
Insurance Rate Map for the area.
POSTER BOX
A box installed on a wall for the purpose of displaying posters of shows at a theater.

Appendix C:Town of Cary Land Development Ordinance
PRE-FIRM
Construction or other development for which the"start of construction"occurred before the effective date of the initial Flood
Insurance Rate Map for the area.
PREMISES
Any building,lot,parcel of land,or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
PRESENT USE VALUE STANDARD
A designation used by a County Property Appraiser to denote land which is being used for agricultural purposes.
PRIMARY TRAVEL WAY
Vehicular route that connects a street(public and/or private)to a drive aisle.Vehicles access drive aisles from primary travel ways.
PRINCIPAL ENTRANCE
An entrance or entrances leading from collector streets,major thoroughfares,or highways to subdivisions, multi-family uses,
planned developments,industrial,commercial,or office and institutional subdivisions.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent(51%)of the actual cash value of the structure is above ground.
PROFESSIONAL APPRAISER
An individual who is registered,licensed,or certified to provide estimates of value and engaged in appraisal activity for a fee or
other valuable consideration.
PROPERTY
All real property subject to the provisions of this Ordinance.
PUBLIC ART
Items expressing creative skill or imagination in a visual form,such as painting or sculpture which are intended to beautify or
provide aesthetic influences to public areas or areas which are visible from the public realm.
PUBLIC SAFETY and/or NUISANCE
For the purposes of Illegal Discharges to the storm sewer system,anything which is injurious to the safety or health of an entire
community or neighborhood,or any considerable number of persons,or unlawfully obstructs the free passage or use, in the
customary manner,of any navigable lake,river,bay,stream,canal,or basin.
PUBLIC UTILITIES
Any Town-approved water and/or sanitary sewer system,including collection and distribution lines,which is constructed to Town
standards,sizes,and specifications,conforms to the requirements of this Ordinance,and has been dedicated to and accepted by the
Town for operation and maintenance.
PUBLIC VEHICULAR AREA
Privately owned or maintained drives,driveways,roads,roadways,streets and alleys("non-public streets"):
• Upon the grounds and premises of any public or private institution;
• Upon the grounds and premises of any business establishment providing access and parking space for customers,patrons,or
the public;and
• Within a subdivision that has been offered for dedication to the public by the filing of a map, plat or written instrument in the
office of the register of deeds;provided,however,a public authority has not accepted the dedication of the street or assumed control
over the street.
QUALIFIED PROFESSIONAL
A person licensed by the State of North Carolina in the fields of engineering,architecture,landscape architecture,or land surveying
who is allowed by the qualifications of their professional certification to perform the prescribed duties of this Ordinance.
RADIO AND T.V.TRANSMISSION TOWERS
A structure of wires,poles,rods,reflecting discs or similar devices used for transmitting or receiving television,radio,telephone
communication and/or telecommunications,excluding satellite dish antennas.
REAL ESTATE SALES OFFICE
A building or structure that is located on the site of a development or subdivision and temporarily used for the purpose of selling or
leasing properties located within that development orsubdivision.
RECREATION LAND,ACTIVE
An area located within an existing or proposed residential or mixed use development which is intended for utilization by residents
as an area for organized or unorganized team sports,and/or higher intensity outdoor activities including running,swimming,or other

Appendix C:Town of Cary Land Development Ordinance
forms of play.
RECREATION LAND,PASSIVE
An area located within an existing or proposed residential or mixed use development which is intended for utilization by residents
as an area for owner intensity enjoyment of the outdoors including walking,seating,or other low impact recreational uses.
RECREATIONAL VEHICLE(RV)
A vehicle which is:
1. built on a single chassis;
2. four hundred(400)square feet or less when measured at the largest horizontal projection;
3. designed to be self-propelled or permanently towable by a light duty truck;and
4. designed primarily not for use as permanent dwelling,but temporary living quarters for recreational,camping,travel or
seasonal use.
REFERENCE LEVEL
The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated
as Zone AE,A,A99 or X(Future).
REGULATORY FLOOD PROTECTION ELEVATION
The elevation above mean sea level to which the reference level of all structures and other development located within Special
Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected.
(a) In Special Flood Hazard Areas where Base Flood Elevations(BFEs)have been determined,this elevation shall be the BFE
plus two(2)feet of freeboard.
(b) In Special Flood Hazard Areas where no BFE has been established,this elevation shall be at least two(2)feet above the
highest adjacent grade.
(c) In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two(2)feet of
freeboard.
REMEDY A VIOLATION
For the purposes of flood damage prevention,to bring the structure or other development into compliance with State and
community floodplain management regulations,or,if this is not possible,to reduce the impacts of its noncompliance.Ways that
impacts may be reduced include protecting the structure or other affected development from flood damages,implementing the
enforcement provisions of the ordinance or otherwise deterring future similar violations,or reducing Federal financial exposure with
regard to the structure or otherdevelopment.
RESERVOIR WATERSHED
A drainage basin that is tributary to a reservoir intended as a source for public water supply.
RESIDENTIAL
Used or intended for use as a dwelling unit.
RESOURCE DELINEATION
A map or other document which indicates the general types and locations of significant natural and/or historic resources on a
parcel or parcels as indicated within the Open Space and Historic Resources Plan.
RETENTION FACILITY
Any type of detention facility that is not provided with a positive outlet.
RIGHT-OF-WAY
An area owned or maintained by the Town,the State of North Carolina,a public utility,a railroad,or a private concern for the
placement of such utilities and/or facilities for the passage of vehicles or pedestrians,including roads,pedestrian walkways,utilities,
or railroads.
ROOF DECK
The flat portion of a roof.
ROOF DECK,ACTIVATED
Functional roof deck used to support sustainability features,such as,green roofs and solar panels,and/or to provide outdoor
amenity,entertaining or hospitality facilities as an accessory use to the building.
ROUGHLY PROPORTIONAL
A close relationship between the impacts from a proposed use or designation and the various conditions or other limiting factors
considered necessary by a decision-making body to ensure that these impacts do not negatively affect other properties,goals,or

Appendix C:Town of Cary Land Development Ordinance
Town policies.
SALVAGE YARD
Any non-residential property used for the storage,collection,and/or recycling of any type of equipment,and including but not
limited to vehicles,appliances and related machinery.
SANDWICH BOARD
A temporary A-frame sign,not secured or attached to the ground or any building or structure,composed of a sign panel and
supporting structure or one or more panels that form both the structure and sign face,and that is intended to be placed in a sidewalk
or pedestrian way.
SECURED
Placed in a concrete footing,holes with compacted earth or gravel,or other approved support,so as to be adequately affixed to the
ground as a permanent structure.
SEDIMENT
Solid particulate matter,both mineral and organic,that has been or is being transported by water,air,gravity,or ice from its site of
origin.
SEDIMENTATION
The process by which sediment resulting from accelerated erosion has been or is being transported away from a land-disturbing
activity or into a lake or natural watercourse.
SETBACK
The minimum distance required between any building or structure and a streetright-of-way or lot line.
SETBACK,BUFFER
An area adjacent to a required buffer where encroachments by structures are prohibited.
SETBACK,ROADWAY
The minimum distance required between the ultimate street right-of-way boundary and the closest portion or side of abuilding or
improvement adjacent to that right-of-way.
SEVERE PRUNING
Severe pruning of trees shall be defined as the removal of more than one-third of the tree canopy or cutting back limbs to a point
which prevents the natural growth of the tree.Severe pruning of shrubs shall be defined as the cutting back of branches to the point
where the shrub does not meet the intent of the streetscape or buffer requirements.See examples below.
01
3 -'1101 Pt.
gI .
A
Removing diseased or storm-damaged branches

Appendix C:Town of Cary Land Development Ordinance
;IT e IV r
i
•
Reducing the height of a tree
retain
+ 67%
crown
prune
33%
Removing obstructing lower branches
SIGHT TRIANGLE
The horizontal and vertical areas at the intersections of streets and/or driveways which must remain unobstructed,as set forth in
the Town's Standard Specifications and Details Manual,in order to ensure that drivers can see traffic and pedestrians around the
corner of the intersection, entrance or driveway.
SIGN
Any device,fixture, placard or structure,that uses any color,form,graphic, illumination,symbol,or writing to advertise,attract
attention,announce the purpose of,or identify the purpose of a person or entity,or to communicate information of any kind to the
public.The following shall not be considered signs subject to the regulations of Chapter 9 of this Ordinance:artwork, cemetery
markers,machinery or equipment signs,lighting used to accentuate architectural or landscaping features,and holiday and seasonal
decorations. See Chapter 9 for additional definitions related to signs.
SIGN,POLE
A sign which is mounted on a freestanding pole or poles,or other support structure such that the bottom edge of the sign face is
forty-two(42)inches or more above the adjacent grade or roadway crown height.
SIGNIFICANT RESOURCE
A type of land attribute on a piece of land which has been identified as a historic or natural feature which should be protected and
preserved from a proposed development or redevelopment.
SIGNIFICANT TREESNEGETATION
Any upper-story tree,greater than ten(10)inches in diameter at breast height(DBH)or understory tree greater than two(2)inches
in caliper,which displays a root zone,canopy and limb structure characteristic of the particular species,and is in good health and
vigor.
SIGNIFICANT WORK
In reference to vesting rights under the provisions of Section3.18 of this Ordinance,the placement of permanent evidence of an
improvement on a site pursuant to a duly issued building or environmental permit,such as the pouring of slabs or footings,the cost
for which represents a major part of the total cost of construction of the project.
SILTATION

Appendix C:Town of Cary Land Development Ordinance
Sediment which results from accelerated erosion,which has been deposited or is in suspension in water,which may be settled or
removed by properly designed,constructed,and maintained control measures,and which has been transported from its point of
origin within the site of a land-disturbing activity.
SINGLE-FAMILY RESIDENTIAL
Any development where:(1)no building contains more than one dwelling unit,(2)every dwelling unit is on a separate lot,and(3)
where no lot contains more than one dwelling unit.
SITE
A lot,tract or parcel of land considered as one(1)land unit for the purposes of this Ordinance. For a single-family residence,the
site shall be the subdivided lot on which it is located.For multi-family projects,the site shall be all land occupied by the buildings in
the project and adjoining such property and under common ownership with it. For vacant land,the site shall be all of the adjoining
vacant land under single ownership. For single-occupancy, non-residential properties,the site shall be the subdivided lot that is
occupied. For multiple-occupancy properties,the site shall be all land included under the original"site plan"or"subdivision plan"
approval under the LDO or all land included under the original"master sign plan"approval under this Ordinance or its predecessor,
whichever land area is larger.
SITE DESIGN GUIDELINES
A policy document that provides specifications,criteria,and guidance relating to issues typically addressed in a site plan,
potentially including but not limited to items such as:building placement and orientation;dimensional standards;the roadway
circulation network;roadway cross-sections,driveways,and parking lots;landscaping treatments and themes;sidewalks and
pedestrian ways;streetscape treatments including elements such as upper-story trees,street lights,and street furniture;signage
and
site entryway features;locations for public art;public spaces such as public squares,village greens,and pedestrian plazas;minimum
or maximum individual building or tenant space sizes;minimum or maximum block lengths;connectivity principles or requirements;
and block frontage coverage.
SITE PLAN
A plan depicting the proposed development of a property,in terms of the location,scale and configuration of buildings and other
features containing all the required information under Section 3.9 of this Ordinance.
SLOPE
A term used to express the amount of change in vertical elevation of the land over a given horizontal distance.
SOLID WASTE DISPOSAL FACILITY
As defined in NCGS 130A-290(a)(35),any facility involved in the disposal of solid waste.
SOLID WASTE DISPOSAL SITE
As defined in NCGS 130A-290(a)(36),any place at which solid wastes are disposed of by incineration,sanitary landfill,or any other
method.
SPECIAL EVENT
Any organized event,specifically including,but not limited to,a temporary sales event accessory to a principal use,or a circus,
carnival,cultural event,fair,party,communal camping,or celebration,which reasonably may be expected to attract more than one
hundred(100)persons at any one(1)time,or which otherwise may reasonably be expected to increase the risk of:
• Damage to public or private property, beyond normal wear and tear;
• Injury to persons;
• Public or private disturbances or nuisances;
• Unsafe impediments or distractions to,or congestion of,vehicular or pedestrian travel;
• Significant additional police,fire,trash removal,maintenance,or other public services demands;or
• Other significant adverse effects upon the public health,safety,or welfare.
The term"special event"shall not include any organized activities conducted at sites and facilities that are legal uses and
structures under this Ordinance and that are typically intended and used for such activities.Examples of such activities include,but
are not necessarily limited to,sporting events such as 10K runs not held on public rights-of-way,golf,soccer,softball,and baseball
tournaments conducted on courses or fields intended and used for such activities;wedding services conducted at reception halls or
similar facilities;funeral services conducted at funeral homes or cemeteries;religious services,wedding services,and funeral
services conducted at places of worship;or noncommercial activities occurring within,or upon the grounds of,a private residence or
upon the common areas of a multi-family residential development.
SPECIAL FLOOD HAZARD AREA(SFHA)
The area subject to a one(1%)percent or greater chance of being flooded in any given year based on current conditions
hydrology.The SFHA is identified by the Federal Emergency Management Agency(FEMA)or produced under the Cooperating
Technical State(CTS)agreement between the State of North Carolina and FEMA in its Flood Hazard Boundary Map(FHBM)or
Flood Insurance Study(FIS)and its accompanying flood maps such as the Flood Insurance Rate Map(s)(FIRM)and/or the Flood
Boundary Floodway Map(s)(FBFM),for Wake County dated May 2,2006,which are adopted by reference and declared to be a part

Appendix C:Town of Cary Land Development Ordinance
of this ordinance.The SFHA also includes those areas defined as SFHA or floodplain through standard engineering analysis for
private developments or by governmental agencies,including those studies required by LDO Section 7.5.2(C).
SPECIAL USE
A land use listed in Chapter 5 of this Ordinance as a"special use"in the zoning district in which it is located,and which is subject to
the approval procedures set forth in Section 3.8 of this Ordinance.
SPECIMEN TREES
Any upper-story tree,greater than eighteen(18)inches in diameter at breast height(DBH)or understory tree greater than four(4)
inches in caliper,which displays a root zone,canopy and limb structure characteristic of the particular species,and is in good health
and vigor.
START OF CONSTRUCTION
The date the building permit was issued,provided the actual start of construction,repair,reconstruction, rehabilitation,addition,
placement,or other improvement including substantial improvement was within one hundred and eighty(180)days of the permit
date.The actual start means either the first placement of permanent construction of a structure on a site,such as the pouring of slab
or footings,the installation of piles,the construction of columns,or any work beyond the stage of excavation,or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,such as clearing,grading,and filing;
nor does it include the installation of streets and/or walkways;nor does it include the excavation for a basement,footings,piers,or
foundations or the erection of temporary forms;nor does it include the installation on the property of accessory buildings,such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,the actual start of
construction means the first alteration of any wall,ceiling,floor,or other structural part of the building,whether or not that alteration
effects the external dimensions of the building.
STATEMENT OF ARCHITECTURAL COMPATIBILITY(SAC)
A legal document which depicts how the features of a proposed or existing development addresses or will address the
compatibility requirements with adjacent and surrounding buildings orstructures.
STOOP
A covered or uncovered porch,platform,or entrance stairway at a house door.
STOP PAD
A concrete pad located adjacent to a roadway required at transit access locations to allow passengers to board a bus and onto
which passengers alight a bus.
STORM DRAINAGE FACILITIES
The system of inlets,conduits,channels,ditches,and appurtenances which serve to collect and convey stormwater through and
from a given drainage area.
STORM DRAINAGE SYSTEM
Publicly-owned facilities by which stormwater is collected and/or conveyed,including but not limited to any roads with drainage
systems,municipal streets,gutters,curbs,inlets,piped storm drains,pumping facilities,retention and detention basins,natural and
human-made or altered drainage channels,reservoirs,and other drainage structures.
STORM SEWER SYSTEM
The system of catch basins,pipes(excluding residential rain gutters and downspouts),sewers,drains,culverts,open ditches,
creeks and rivers which carry surface water and unpolluted water.A"storm sewer system"may be located on public or private
property or both.See"storm drainage facilities."
STORM,TEN-YEAR
The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded,on the average,once in ten(10)
years,and of a duration which will produce the maximum peak rate of runoff for the watershed under average antecedent wetness
conditions.
STORM,TWENTY-FIVE YEAR
The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded,on the average,once in twenty-five
(25)years,and of a duration which will produce the maximum peak rate of runoff,from the watershed of interest under average
antecedent wetness conditions.
STORMWATER MANAGER
An official or officials of the Town of Cary responsible for administration and enforcement of the Town's ordinances pertaining to
sedimentation and erosion control,floodplain management,and stormwater management.
STORMWATER MANAGEMENT PLAN
A document which describes the Best Management Practices and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater,stormwater
drainage systems,and/or receiving waters to the maximum extent practicable.

Appendix C:Town of Cary Land Development Ordinance
STORMWATER RUNOFF
Surplus water resulting from precipitation in any form that cannot percolate into the earth or be accommodated satisfactorily by the
existing drainage system and which therefore travels overland to the nearest channel or body of water.
STREAM
A perennial or intermittent body of water running over the earth's surface in a channel or bed and is shown on the most recent
version of the 1:24,000 scale(7.5 minute)quadrangle topographic maps prepared by the United States Geological Survey(USGS)
and the most recent version of the Soil Survey of Wake County, North Carolina or Soil Survey of Chatham County,North Carolina.
STREET
A public or private right-of-way that is designed,dedicated,or used principally for vehicular traffic.
STREET,ARTERIAL
Higher order streets with controlled access which are intended for through or regional traffic moving between urban centers and not
intended for local or residential neighborhood traffic.These streets have multiple travel lanes,provide access to regional travel ways,
and carry high volumes of traffic.
STREET,COLLECTOR
Streets that penetrate various land use classifications to provide both land access and mobility within neighborhoods and
commercial areas.Their primary function is traffic service,collecting traffic from intersecting streets and funneling it to major
thoroughfares.A major collector roadway/street has limited direct access from individual lots/parcels.A minor collector
roadway/street allows direct access of individual lots/parcels.
STREET,LOOP
A street that originates and terminates at intersections with the same street.
STREET,MAJOR COLLECTOR
Streets which collect and distribute traffic from local roadways and urban centers.These streets are intended to provide mobility
and access within neighborhoods and commercial areas and carry moderate amounts of traffic.
STREET,MINOR COLLECTOR
Streets which collect and distribute traffic from local roadways and urban centers.These streets are intended to provide mobility
and access within neighborhoods and commercial areas and carry smaller amounts of traffic than a major collector.
STREET,PUBLIC
Any street or road owned or maintained by a unit ofgovernment.
STREET,PRIVATE
A road owned and maintained by a private individual,organization,or company rather than by a government.
STREET,RESIDENTIAL
A street whose primary function is to serve the immediately abutting residential land uses(that is,only local traffic generated by the
residents near the street),with traffic volumes flowing from other intersecting residential streets not exceeding the traffic volumes
generated by the land uses abutting the street.
STREET,THOROUGHFARE
A street which serves as a primary traffic artery serving major centers of activity and carrying traffic between such centers at
moderate speeds,which primarily has the function of carrying traffic which has an origin and destination removed from that street
itself,and access to which is primarily provided by at-grade intersections which may be signal-controlled.
STREET FRONTAGE
The distance for which a lot line adjoins a public or private street from one lot line intersecting said street to the furthest lot line
intersecting the same street.
STREETSCAPE
An area along a street that may be required by this Ordinance to provide special landscape plantings or other treatment.
STREET-SIDE TRAILS
Street-side trails are pedestrian trails located adjacent to roadways and provide supporting linkage to the off-road greenway
system.
STRUCTURE
Any improvement upon land that requires more or less permanent location on the ground or attachment to something having a
permanent location on the ground.This includes buildings,signs,decks and enclosed decks,manufactured homes,a gas,liquid,or
liquefied gas storage tank that is principally above ground,and impervious surfaces. Building setbacks shall not apply to certain
structures which do not require issuance of a building permit,and/or which may by necessity pass through or encroach into setbacks,
including driveways,walkways,sidewalks,fences, private recreational equipment like swing sets or basketball goals,fences and

Appendix C:Town of Cary Land Development Ordinance
retaining walls less than eight(8)feet in height,greenways,and similar features.
STRUCTURE,NONCONFORMING
A building or structure that met all legal requirements when constructed but that does not comply with this Ordinance or a
subsequent amendment hereto.
STRUCTURE,PRINCIPAL
A structure,or in some cases,group of structures,which contain or from which the primary use of the property is conducted.The
area of a principal structure is considered the gross square footage contained within the exterior walls of the structure.
SUBDIVIDER
Any person,firm,or corporation who commences proceedings to effect the subdivision of land.
SUBDIVISION
All divisions of a tract or parcel of land into two(2)or more lots, building sites,or other divisions when any one(1)or more of those
divisions is created for the purpose of sale or building development(whether immediate or future), including all divisions of land
involving the dedication of a new street or a change in existing streets; but the following are not considered to be subdivisions:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not
increased and the resultant lots are equal to or exceed the standards set forth in this Ordinance;
(2) The division of land into parcels larger than ten(10)acres where no street right-of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets or for public transportation system
corridors;
(4) The division of a tract of land in single ownership whose entire area is no greater than two(2)acres into three(3)or fewer
lots,where no street right-of-way dedication is involved and where the resulting lots are equal to or exceed the standards set forth in
this Ordinance;and
(5) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate
succession under Chapter 29 of the General Statutes.
See also LDO Section 3.9.3(B).
SUBSTANTIAL DAMAGE
(a) Damage of any origin sustained by a structure during any one(1)-year period whereby the cost of restoring thestructure to
its before-damaged condition would equal or exceed fifty(50)percent of the market value of the structure before the damage
occurred;or, See definition of substantial improvement.
(b) flood-related damage sustained by a structure on two(2)separate occasions during a 10(ten)year period for which the
cost of repairs at the time of each such flood event,on the average,equals or exceeds twenty five percent(25%)of the market
value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any combination of repairs,reconstruction, rehabilitation,addition,or other improvement of a structure,taking place during any one
(1)-year period for which the cost equals or exceeds fifty(50)percent of the market value of the structure before the start of
construction of the improvement. This term includes structures which have incurred substantial damage,regardless of the actual
repair work performed.The term does not, however, include either:
(a) any correction of existing violations of State or community health,sanitary,or safety code specifications which have been
identified by the community code enforcement official and which are the minimum necessary to assure safe living conditions;or,
(b) any alteration of a historic structure,provided that the alteration will not preclude the structure's continued designation as
a historic structure.
SUBSTANTIAL PROGRESS
For the purposes of determining whether sufficient progress has been made on the site of an approved site and/or subdivision
plan,one or more of the following construction activities toward the completion of a site or subdivision plan shall occur:
• Obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than thirty(30)
days;or
• Installation and approval of on-site infrastructure;or
• Obtaining a building permit for the construction and approval of a building foundation.
SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
Where the repair,reconstruction,rehabilitation or improvements of the streets, utilities and pads exceeds fifty(50)percent of the
value of the streets,utilities and pads before the repair, reconstruction or improvement commenced.
SUBSTANTIVE AMENDMENT TO THE COMPREHENSIVE PLAN
A substantive amendment to the Comprehensive Plan is an amendment that reflects a significant departure from the policy

Appendix C:Town of Cary Land Development Ordinance
direction contained in the Comprehensive Plan.
SURFACE WATER
Runoff from rainfall or ground watering that finds its way naturally into ditches and creeks.
SURVEY
An official stamped or sealed document prepared by a licensed and registered North Carolina Land Surveyor which graphically
denotes the precise area,boundaries,dimensions,location,and important attributes of a parcel or portion of a parcel.
SWALE
A depression in the ground or below the surrounding grade which is intended to channel stormwater runoff.
SWEEPSTAKES
Any game,advertising scheme or plan,or other promotion,which,with or without payment of any consideration,a person may
enter to win or become eligible to receive any prize,including cash,merchandise,or anything else of value,the determination of
which is based on chance.
SWIMMING POOL
Any receptacle or artificial basin of water,either above or below grade level,intended for swimming or recreational bathing having
a depth of eighteen(18)inches or greater at the deepest point.This includes hot tubs and spas.
TABLED APPLICATION
Any application for an entitlement, procedure,or approval outlined inChapter 3 which has been temporarily removed from
consideration by a decision-making body.Such removal may or may not have an associated time limitation.
TASTING ROOM
A room that is ancillary to the production of beer,wine,or spirituous liquor at a brewery,distillery,or winery where the public can
purchase and/or consume the beer,wine,or spirituous liquor.
THEATER
An establishment offering to the public movies or live performances.
THOROUGHFARE,LIMITED ACCESS
A thoroughfare whose sole function is to carry large volumes of traffic safely and expediently through developed areas,and access
to which is controlled to occur only at intersections with other thoroughfares or streets,with such intersections spaced at intervals
which promote traffic progression with the absolute minimal delays incurred.Speeds on limited access thoroughfares are typically
limited to no greater than forty-five(45)miles per hour.
TOWN
The Town of Cary, North Carolina.
TOWN-RECOGNIZED EVENT
A celebration,festival,activity,or other event which is sponsored wholly or in part by the Town,or which is recognized or
proclaimed as a Town-recognized Event by the Town Council.A list of such events is maintained in the Town Clerk's office.
TOWN-RECOGNIZED HOMEOWNER'S ASSOCIATION
A formally constituted non-profit association or corporation with an elected or appointed board made up of property owners and/or
residents.
TOWNHOUSE DEVELOPMENT
One or more townhouses located on a single property.
TOXIC SUBSTANCE
Any substance or combination of substances(including disease causing agents),which after discharge and upon exposure,
ingestion,inhalation,or assimilation into any organism,either directly from the environment or indirectly by ingestion through food
chains,has the potential to cause death,disease,behavioral abnormalities,cancer,genetic mutations,physiological malfunctions
(including malfunctions or suppression in reproduction or growth)or physical deformities in such organisms or their offspring or other
adverse health effects.
TRACT
All contiguous land under one(1)ownership or under multiple ownership either undeveloped or developed as a single unit or
recorded as a single unit.
TRAFFIC CONTROL DEVICES
These devices include but are not limited to rumble strips,raised pavement markers,pavement undulations,and speed bumps as
.defined in the current edition of the Standard Specifications and Details Manual.

Appendix C:Town of Cary Land Development Ordinance
TRAIL,MULTI-PURPOSE
An access way,whether paved or unpaved,which is intended to serve multiple modes of travel including walking,jogging,
bicycling,or other forms of non-motorized transport.
TRANSIT ACCESS LOCATION
A designated place along a transit route typically in the street right of-way where a public transit vehicle stops to load and unload
passengers,usually consisting of,at a minimum,a stop pad.Also called a"bus stop."
TRANSIT EASEMENT
A permanent easement dedicated to the Town for the purpose of providing public transit access at a transit access location.The
transit easement provides public access to the transit access location;and allows construction,installation,operation,and
maintenance of transit amenities by the Town.
TRANSPORTATION FACILITIES
Stations and related facilities intended for the transportation of the general public,including bus and railroad passenger stations.
TRANSPORTATION IMPROVEMENT
Any improvement to any highway,road,or street designated on the Transportation Plan.
TRANSPORTATION PLAN
The official plan,as adopted by the Town of Cary,which identifies major road,pedestrian,bicycle,and transit improvements
necessary to serve projected growth.
TRAVEL TRAILER
A device intended for human habitation on a short term or temporary basis which lacks its own source of locomotion and is
intended to be towed behind a motor vehicle.
TREE,NATIVE
A tree species that naturally occurs within Wake County or the Piedmont area of North Carolina in which the Town of Cary is
located.
TREE,ORNAMENTAL
Woody Plants that are two(2)inches in caliper or larger and one of the following species and other native specimens as specified
in the Appearance Specifications Manual,such as Amelanchier, Ostrya, Halesia, Viburnum, Chionanthus, Ilex,Myrica,Flowering
Dogwood-Comus Florida,American Holly-Ilex Opaca,Eastern Redbud-Cercis Canadensis,and Ironwood-Carpinus Caroliniana.
TREE,UNDERSTORY
A tree with a canopy that covers at least four hundred(400)square feet at maturity but less than nine hundred(900)square feet
under urban conditions,with a crown diameter of at least twenty-five(25)feet and a height at maturity not exceeding thirty(30)feet.
For the purpose of Sections 7.2.5 and 7.2.10,understory trees include only dogwood,horticultural cherry, redbud,silverbell,and
serviceberry.
TREE,UPPER-STORY
A tree with a canopy that covers at least sixteen hundred(1,600)square feet at maturity under urban conditions,with a crown
diameter of at least forty(40)feet and a height at maturity of sixty(60)feet.
TREE SURVEY
A map or plan identifying certain trees in accordance with the requirements of Section7.2.5 to assist in the preservation and
protection of trees.
TRUNKLINE
A measured line between existing tree trunks greater than four(4)inches in caliper.
UNCOVERED AREA
As used in Section 7.4 of this Ordinance,an area having no ground cover on or above the soil surface.
UNDERDEVELOPED LAND
A parcel or site which contains some form of structure or other land-disturbing activity,but which is developed substantially less
than that otherwise allowable under the area's zoning designation or as otherwise controlled by public or private utilities.
URBAN TRANSITION BUFFER(UTB)
A buffer established along streams within the Town of Cary Planning Jurisdiction effective at protecting private and public
investment, buffering incompatible uses,promoting conservation,balancing the built environment with preservation of natural
resources and open spaces,and preserving the identity and character of the Town of Cary.
USE,ANCILLARY

Appendix C:Town of Cary Land Development Ordinance
A use located on the same lot as a principal use which provides necessary support to the activities occurring within the principal
use.
USE,INCIDENTAL
A use located on the same lot as a primary use,but which is subordinate and minor in significance to the principal use, but which
bears a reasonable relationship with the principal use.
USE,NONCONFORMING
The use of a building or land that met all legal requirements when first established but which this Ordinance,or a subsequent
amendment hereto,does not allow in the zoning district in which it is located.
USE,PERMITTED
A land use allowed in a zoning district without the need for special administrative review and approval,but in accordance with the
standards and requirements of this Ordinance.
USE,SPECIAL
A land use that meets the purpose and intent of the zoning district but which requires the approval of the appropriate review body to
ensure that any adverse impacts on adjacent uses,structures,or public services and facilities are mitigated.
USE,TEMPORARY
A land use or structure this[that]is needed or in place only for short periods.
UTILITY TRAILER
A container on wheels which is intended to be towed or hauled by another motorized vehicle used for the transport of products,
equipment,and/or other vehicles.
VARIANCE
Permission to depart from certain provisions of the zoning requirements for a specific parcel,except for the use of land,without
changing the zoning ordinance or the zoning district applicable to the property.A variance is needed when the provisions of the
minor modification section are not sufficient to address a particular hardship.A variance is only granted upon demonstration of
hardship based on special or peculiar circumstances applicable to the property that this Ordinance deprives such property of
privileges enjoyed by other properties in the same vicinity and zoning district.
VARIANCE,MAJOR
For the purposes of the Watershed Protection Overlay district only,a variance that constitutes:
• The complete waiver of any requirement; or
• The increase by ten percent or more of any numerical requirement.(For example,raising an impervious surface limit for a
development from 70 percent to 77 percent.)
• The reduction of any requirement under the High Density Development Option.
VARIANCE,MINOR
For the purposes of the Watershed Protection Overlay district only,any other variance that does not qualify as a major variance.
VEGETATION USE AREA
An area which has been set aside for the sole use of vegetation or other planted materials which includes the below-ground area
occupied by the roots,the area on the surface covered by mulch or other ground cover,and the area above the ground which is
occupied by the trunk,branches,and leaves of thevegetation.
VEHICULAR GATE
A gate or similar structure across a drive,driveway, road,roadway,street or alley that may be used to block the entrance or
passage of motor vehicles.This term includes all forms of gates, including automatic and manual gates and gates manned by
attendants.
VEHICULAR SECURITY GATE
A vehicular gate for a non-residential use that provides safety and security yet is operated such that emergency service providers
can pass through at any time.
VEHICULAR USE AREA
Any portion of the site or property, paved or unpaved,designed to receive or accommodate vehicular traffic,including the driving,
parking,temporary storage,loading,or unloading of anyvehicle.
VELOCITY,FLOW
The average velocity of flow through the cross-section of the main channel of a watercourse at the peak flow of the storm.The
cross-section of the main channel is that area defined by the geometry of the channel,plus the area of flow below the flood height,
which is defined by vertical lines at the banks of the main channel.Overload flows shall not be included for the purpose of computing
velocity of flow.

Appendix C:Town of Cary Land Development Ordinance
VESTED RIGHT
The right to undertake and complete the development and use of property under the terms and conditions of an approved site-
specific site and/or subdivision plan or an approved phased site and/or subdivision plan.
VIOLATION, FLOOD DAMAGE PREVENTION
For the purposes of flood damage prevention,the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations.A structure or other development without the elevation certificate,other
certifications,or other evidence of compliance required is presumed to be in violation until such time as that documentation is
provided.
WALL,EXTERIOR
A vertical structural component of a building that encloses habitable or usable space;a parapet extending not more than twelve
inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.
WALL,FIRE
A common or shared wall between two separate structures,buildings,or dwelling units which has a minimum rating related to its
ability to withstand the impacts of fire or intense heat for a specified period of time.
•
WALL,PARTY
A common or shared wall between two separate structures,buildings,or dwelling units.
WASTE
Surplus materials resulting from on-site construction that is disposed of at other locations.
WASTEWATER
Any water or other liquid,other than uncontaminated stormwater,discharged from a facility.
WATER SURFACE ELEVATION(WSE)
The height,in relation to mean sea level,of floods of various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
WATERCOURSE
A lake,river,creek,stream,wash,channel or other topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial flood damage may occur.
WATERSHED
The entire land area,also known as a drainage area,which collects precipitation and contributes surface runoff to a receiving body
of water or specific point along a watercourse.
WATERSHED CRITICAL AREA
The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining
portions of the watershed. The critical area is defined as extending either one-half(0.5)mile from the normal pool elevation of the
reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first);or one-half(0.5)mile upstream
from the intake located directly in the stream or river(run-of-the-river),or the ridge line of the watershed(whichever comes first).
WATERSHED OVERLAY
That land area of a watershed that is defined on the Official Zoning Map on file in the Planning Department, provided that more
precise boundaries may be established by topographic data from actual site surveys.
WATERSHED PROTECTED AREA
The land area lying adjacent to a water supply watershed and extending to a point five(5)miles from the shoreline at normal pool
level.
WETLANDS
Those areas that inundated or saturated by surface or groundwater at a frequency and duration sufficient to support,and that
under normal circumstances do support,a prevalence of vegetation typically adapted for life in saturated soil conditions.Wetlands
generally include swamps, marshes, bogs,and similarareas.
WINDBLOWN DEVICE
Any banner, pennant,spinner,streamer,propeller,disc, moored blimp,gas balloon,or flag(that is not of local,state,federal,
corporate, nonprofit or religious origin)designed to inform or attract attention,whether or not such device carries a message,all or
part of which is set in motion by wind, mechanical,electrical or any other means.
WORKING DAYS
Days exclusive of Saturdays,Sundays,and legal holidays observed by the Town.
YARD

Appendix C:Town of Cary Land Development Ordinance
An open space on a lot which is generally unoccupied and unobstructed by any building or structure,except as otherwise allowed
in this Ordinance.
YARD,FRONT
The area located between the front of the principal building or structure(or use in the absence of a principal building or structure)
and the boundary of the lot upon which the principal building or structure is located.The front of a principal building or structure is the
one typically containing the primary entrance.
YARD,REAR
The area located between the rear of the principal building or structure(or use in the absence of a principal building or structure)
and the boundary of the lot upon which the principal building or structure is located.The rear of a principal building or structure is
typically the side immediately opposite the primary entrance.
YARD,SIDE
The area located between the side of the principal building or structure(or use in the absence of a principal building or structure)
and the boundary of the lot upon which the principal building or structure is located.The side of a principal building or structure
typically does not contain the primary entrance.
YARD SALE
The sale or offering for sale to the general public of over five(5)items of personal property on any portion of a lot in a residential
zoning district,whether within or outside any building.Also known as a yard sale,tag sale,or rummage sale.
ZONING DISTRICT
A section or portion of the Town within which certain zoning regulations and requirements governing the use ofbuildings and land
apply under the provisions of this Ordinance.
ZONING DISTRICT,NON-RESIDENTIAL
A zoning district established under this Ordinance that primarily allows uses that are not residential in nature but are intended to
serve commercial,office,institutional or similar uses and activities.
ZONING DISTRICT,OVERLAY
A zoning district established under this Ordinance that prescribes special regulations to be applied to a site in combination with the
underlying or base district.
ZONING DISTRICT,RESIDENTIAL
A residential zoning district established under this Ordinance that primarily permits uses that are intended for household or group
living.
(Ord.No.04-007,7-15-04;Ord.No.04-013, 10-28-04;Ord.No.05-001, 1-13-05;Ord.No.05-002, 1-13-05;Ord.No.05-007,5-12-
05;Ord.No.06-005,adopted 3-23-06;eff.3-23-06;Ord.No.06-009,4-27-06;Ord.No.2007-04,3-22-07;Ord.No.2007-21,12-13-
07;Ord.No.2008-LDO-01,9-25-08;Ord.No.2009-LDO-01,2-12-09;Ord.No.2009-LDO-02,3-26-09;Ord.No.2009-LDO-03,5-14-
09;Ord.No.2010-LDO-01, 1-14-10;Ord.No.2010-LDO-03,2-25-10;Ord.No.2010-LDO-05, 12-16-10;Ord.No.2011-LDO-01,1-
11-11;Ord.No.2011-LDO-02,4-14-11;Ord.No. 12-LDO-01,2-23-12;Ord.No.2012-LDO-06,8-9-12;Ord.No.2012-LDO-07,8-23-
12;Ord.No.2012-LDO-08, 10-11-12;Ord.No.2013-LDO-02,6-13-13;Ord.No.2013-LDO-04,9-26-13;Ord.No.2013-LDO-07,12-
19-13;Ord.No.2014-LDO-03,8-14-14;Ord.No.2014-LDO-04,8-28-14;Ord.No.2015-LDO-001,4-21-15;Ord.No.2015-LDO-003,
7-23-15;Ord.No.2016-LDO-01,7-25-16;Ord.No.2016-LDO-02, 12-8-16;Ord.No.2017-LDO-01,1-24-17;Ord.No.2017-LDO-02,
3-30-17;Ord.No.2018-LDO-01,5-3-18;Ord.No.2018-LDO-03,11-15-18;Ord.No.2019-LDO-03, 10-10-19;Ord.No.2019-LDO-
02, 11-21-19;Ord.No.2019-LDO-04, 12-12-19;Ord.No.2020-LDO-01,5-7-20)