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Home My WebLink AboutUnified Development Ordinance-2000DCM COPY DCM COPY lease do not remove!!!!! Division of Coastal Management f TOWN OF BURGAW UNIFIED, DEVELOPMENT ORDINANCE Adopted by the Town of Burgaw . Board of Commissioners: December 129 2000 Prepared By Holland Consulting Planners, Inc. Wilmington, North Carolina The preparationbf this`document was financed in part•through a`grant provided by the North: Carolina Coastal Management Program; through funds provided bythe Coastal Zone Management Act -of I972, as amended, which is administered by the Office of Ocean and Coastal Resource Management; National Oceanic and Atmospheric.Administration. TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE Adopted by the Town of Burgaw Board of Commissioners: December 12, 2000 Prepared By: Holland Consulting Planners, Inc. Wilmington, North Carolina The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided bythe Coastal Zone Management Act of 1972, as amended, which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. I TOWN OF BURGAW UNIFIED DEVELOPMENT ORDINANCE TABLE OF CONTENTS PAGE ARTICLE 1. GENERAL PROVISIONS ............................................ 1 Section1-1: Title .......................................................... 1 Section 1-2: Authority ................ ..................................... 1 Section 1-3: Jurisdiction.................................................... 1 Section 1-4: Effective Date .................................................. 1 Section 1-5: Relationship to Existing Zoning and Subdivision Ordinances .............. 2 Section 1-6: Relationship to Coastal Area Management Act (CAMA) Land Use Plan ........ 2 Section 1-7: No Use or Sale of Land or Buildings Except in Conformity with Ordinance Provisions ......................................... 2 Section1-8: Fees..................:.......................................2 Section 1-9: Severability .................................................... 3 Section 1-10: Computation of Time ............................................. 3 ARTICLE 2. BASIC DEFINITIONS AND INTERPRETATIONS ........................... 4 Section 2-1: Word Interpretation ............................................. 4 Section 2-2: Definitions of Basic Terms ......................................... 5 Section 2-3: Interpretation of Zoning District Boundaries .......................... 37 ARTICLE 3. ADMINISTRATIVE MECHANISMS ................................... 38 PART I PLANNING AND ZONING BOARD ................................... 38 Section 3-1: Created, Membership ........................................... 38 Section 3-2: Rules of Conduct ............................................... 38 Section3-3: Meetings ..................................................... 39 PART 11 BOARD OF ADJUSTMENT ......................................... 40 Section 3-4: Created, Membership ........................................... 40 Section 3-5: Meetings.....................................................41 Section 3-6: Filing and Notice for an Appeal .................................... 41 Section 3-7: Power and Duties ............................................... 42 PART III LAND USE ADMINISTRATOR ...................................... 43 Section 3-8: Land Use Administrator .......................................... 43 PART IV BOARD OF COMMISSIONERS ...................................... 43 Section 3-9: Powers and Duties .............................................. 43 1 PAGE I ARTICLE 4. ZONING DISTRICTS AND ZONING MAP .............................. 44 PART ZONING DISTRICTS.............................................44 Section 4-1: Establishment of Zoning Districts, and the Purpose Thereof .............. 44 PART it OFFICIAL ZONING MAP .......................................... 47 Section 4-2: Zoning Map is a Part of this Ordinance .............................. 47 Section 4-3: Replacement of the Official Zoning Map ............................. 48 Section 4-4: Maintenance of the Official Zoning Map ............................. 48 PART III APPLICATION OF GENERAL REGULATIONS ............................ 48 Section 4-5: Only One Main Building, One Main Use on Lot, and Orientation of a Building ..................................... 48 �\ Section 4-6: Minimum Yards ................................................ 49 Section 4-7: Lot Subdivision ............................................. 49 Section 4-8: Improvements Bond ............................................. 49 PART IV DISTRICT REGULATIONS ......................................... 50 Section 4-9: Table of Permitted Uses .......................................... 50 Section 4-10: Notes to the Table of Permitted Uses ............................... 63 ARTICLE 5. SUPPLEMENTARY USE REGULATIONS ............................... 68 PART I RESIDENTIAL CLUSTER DEVELOPMENT .............................. 68 Section 5-1: Purpose and Intent; Definition ................. 68 �I Section 5-2: Area; Permitted Districts, Exemption; Street Access; Open Space(s); Density; Dimensional Standards ................................... 69 Section 5-3: Maximum Density Requirements ................................... 70 Section 5-4: Minimum Dimensional Standards 71 Section 5-5: .................................. Zero (0) Side and/or Rear Yard Setbacks ............................. 72 Section 5-6: Private Streets 73 Section 5-7: ................................................. Compliance with Subdivision Standards 73 ............................. r PART 11 PLANNED BUILDING GROUP REGULATIONS ........................... 73 Section 5-8: Planned Building Group Regulations for Apartments and Condominiums .... 73 Section 5-9: Manufactured Home Park Regulations ............................... 75 Section 5-10: Business Planned Building Group Regulations ......................... 83 PART III PLANNED UNIT DEVELOPMENT (PUD) ............................... 87 Section 5-11: Minimum Size 87 Section 5-12: ................................................. Maximum Overall Density ........................................ 87 Section 5-13: Open Space Requirement ........................................ 87 Section 5-14: Residential Development ......................................... 87 Section 5-15: Commercial Development ........................................ 87 2 '� 1 1 1 E PAGE Section 5-16: Industrial Development .......................................... 88 Section 5-17: Procedure....................................................88 Section5-18: Homeowners'Assnriation ___________________________ 91 Section 5-19: Amendment to Site Plan Conditional Use Permit ....................... 92 ARTICLE 6. OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS ........ 93 Section 6-1: Exemptions...................................................93 Section 6-2: General ....................................................93 Section 6-3: Minimum Parking Requirements ................................... 94 Section 6-4: Driveways .................................................... 97 Section 6-5: Off -Street Loading Requirements .................................. 100 ARTICLE 7. REGULATIONS FOR SIGNS ....................................... 101 Section 7-1: Intent.......................................................101 Section 7-2: General Provisions ............................................. 101 Section 7-3: Signs Prohibited in All Zoning Districts ............................. 107 Section 7-4: On -Premise Signs .............................................. l09 Section 7-5: Off -Premise Signs .............................................. 121 Section 7-6: Maintenance ................................................. 123 Section 7-7: Structural and Construction Requirements .......................... 124 Section 7-8: Enforcement ................................................. 124 Section 7-9: Nonconforming Signs ........................................... 127 Section 7-10: Variances .................................................... 129 Section 7-11: Severability Clause ............................................. 130 Section 7-12: Effective Date ................................................ 130 ARTICLE 8. FLOOD HAZARD MITIGATION .................................... 131 PART 1 REGULATIONS FOR FLOOD DAMAGE PREVENTION .................... 131 Section 8-1: Purpose.....................................................131 Section 8-2: Lands to Which These Regulations Apply ........................... 131 Section 8-3: Establishment of Development Permit .............................. 131 Section 8-4: Warning and Disclaimer of Liability ................................ 131 Section 8-5: Development Permit and Certification Requirements .................. 132 Section 8-6: Duties and Responsibilities of the Land Use Administrator .............. 133 Section 8-7: Administrative Procedures ....................................... 135 PART II PROVISIONS FOR FLOOD HAZARD REDUCTION ...................... 136 Section 8-8: General Standards ............................................. 136 Section 8-9: Specific Standards ............................................. 137 Section 8-10: Standards for Streams Without Established Base Flood Elevations and/or Floodways.............................................. 141 Section 8-11: Standards for Subdivision Proposals and Major Developments ........... 142 Section 8-12: Legal Status Provisions ......................................... 142 3 A PAGE Section 8-13: Variances with Floodplain Areas ............................... 142 Section 8-14: Appeal from the Board of Adjustment .............................. 144 ARTICLE 9. REGULATIONS FOR LANDSCAPING ................................. 145 Section 9-1: Purpose and Intent ............................................ 145 Section 9-2: Tree Planting on Public Property .................................. 145 Section 9-3: Trees and Shrubbery in or Along Streets and Sidewalks ................ 146 Section 9-4: Street Yard Landscaping ........................................ 146 Section 9-5: Parking Facilities Landscaping .................................... 147 Section 9-6: Removal of Trees; Permit Required ................................ 149 Section 9-7: Property Clearing for Nondevelopmental Purposes .................... 151 Section 9-8: Tree Preservation and Replacement ................................ 151 Section 9-9: Landscaping Required for Expansions to Existing Principal Structures ..... 152 Section 9-10: Tree Protection During Construction ............................... 154 Section 9-11: Section 9-12: Maintenance ................................................. Authority of Public Works Director to Treat or Remove Trees 154 on Private Property ............................................ 154 Section 9-13: Pruning Requirements .......................................... 155 Section 9-14: Exemptions .................................................. 155 ARTICLE 10. BUFFER STRIPS ................................................ 156 ARTICLE 11. OPEN SPACE 158 .................................................. ARTICLE 12. TELECOMMUNICATION TOWERS .................................. 159 Sectionl2-1: Purpose.....................................................159 Section 12-2: Applicability Section 12-3: .................................................. Where Permitted 159 Section 12-4: .............................................. Type of Tower 159 Section 12-5: ................................................ Co -Location and Height Stipulations ............................... 159 159 Section 12-6: Supplemental Use of Towers ..................................... 160 Section 12-7: Old Towers and Advanced Technology ............................. 160 Section 12-8: Power Output ................................................ 160 Section 12-9: Periodic Review of Permits 161 ...................................... Section 12-10: Setbacks .................................................... 161 ARTICLE 13. STORMWATER DISCHARGE CONTROL REGULATIONS ................... 162 t� Section 13-1: General Provisions . 162 Section 13-2: Stormwater Discharge Control Preliminary and Design Plans ............ 166 Section 13-3: Ownership, Inspection, and Maintenance ........................... 171 Section 13-4: Miscellaneous Provisions ................................... 174 Section 13-5: Sedimentation Pollution Control .................................. 174 Section 13-6: Storm Water Drainage .......................................... 174 Section 13-7: Retention Pond Facility Requirements .............................. 175 PAGE Section 13-8: Detention and Wet Retention Facilities ............................. 176 ARTICLE 14. PERMITS AND FINAL PLAT APPROVAL .............................. 179 W PART I ZONING AND CONDITIONAL -USE PERMITS .......................... 179 Section 14-1: Permits Required .............................................. Section 14-2: No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled ......... 179 180 Section 14-3: Who May Submit Permit Applications .............................. 180 Section 14-4: Applications To Be Complete ..................................... Section 14-5: Staff Consultation After Application Submitted ....................... 180 181 Section 14-6: Zoning Permits .......................................... ... 181 Section 14-7: Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit...........................................182 Section 14-8: Table of Area, Yard, and Height Requirements ....................... 183 Section 14-9: Notes to the Table of Area, Yard, and Height Requirements ............. Section 14-10: Authorizing Use, Occupancy, or Sale Before Completion of Development 185 Under Special Use or Conditional Use Permits ....................... 188 Section 14-11: Completing Developments in Phases .............................. 189 Section 14-12: Expiration of Permits ........................................... 189 Section 14-13: Effect of Permit on Successors and Assigns .......................... 190 Section 14-14: Amendments to and Modifications of Permits ....................... 190 Section 14-15: Reconsideration of Board Action .................................. 191 Section 14-16: Applications to be Processed Expeditiously ......................... 192 Section 14-17: Maintenance of Common Areas, Improvements, and Facilities ........... 192 Section 14-18: Conditional Use Permits Objectives and Purpose ..................... 192 Section 14-19: Procedure for Conditional Use Permit Granted by the Town Board of Commissioners on Recommendation of the Planning Board ...... 193 Section 14-20: Table of Regulations for Conditional Uses .......................... 195 PART 11 MAJOR AND MINOR SUBDIVISIONS ................................ 216 Section 14-21: Plat Shall be Required on Any Subdivision of Land .................... 216 Section 14-22: Approval Prerequisite to Plat Recordation .......................... 217 Section 14-23: Procedures for Review of Major and Minor Subdivisions ............... 217 Section 14-24: Procedure for Review of Minor Subdivisions ......................... 217 Section 14-25: Major Subdivision Preliminary Plat Submission and Review ............. 221 Section 14-26: Major Subdivision Final Plat Submission and Review .................. 222 Section 14-27: Information to be Contained in or Depicted on Major Preliminary and All Final Plats ...... 231 ................. Section 14-28: Recombination of Land ...................... 235 Section 14-29: Resubdivision Procedures ....................................... 236 PART III VESTED RIGHT PROVISIONS ..................................... 236 Section 14-30: Purpose .....................................................236 Section 14-31: Establishment of a Zoning Vested Right ............................ 236 A PAGE I Section 14-32: Approval Procedures and Approval Authority ........................ 237 Section 14-33: Duration .................................................... 238 Section 14-34: Termination .................................................. 238 Section 14-35: Voluntary Annexation .......................................... 239 Section 14-36: Limitations .................................................. 239 Section 14-37:Repealer ....................................................239 Section 14-38: Effective Date ................................................ 239 ARTICLE 15. Sectionl5-1: IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN ..... General 240 .....................................................240 Section 15-2: Suitability of Land ............................................. 240 Section 15-3: Natural Assets 241 Section 15-4: ............................................ Name of Subdivision ......................................... 241 Section 15-5: Water and Sewerage System ..................................... 241 Section 15-6: Sectionl5-7: Streets ...................................................... Blocks 242 ......................................................249 Section15-8: Lots........................................................250 Section 15-9: Easements ............................................ 250 Section 15-10: Other Requirements ........................................... 251 Section 15-1 l: Construction Procedures ........................................ 252 Section 15-12: Reimbursement of Subdivider by Town for Improvement Costs Over and Above Those Required to Serve a Subdivision ................ 253 ARTICLE 16. APPEALS, VARIANCES, INTERPRETATIONS ........................... 255 Section 16-1: Appeals ...................... Sectionl6-2: .............................255 Variances Section 16-3: ....................................................255 Interpretations ................................................ 257 Section 16-4: Request to be Heard Expeditiously ................................ 258 Section 16-5: Burden of Proof in Appeals and Variances ........................... 258 Section 16-6: Board Action on Appeals and Variances ............................. 258 ARTICLE 17. HEARING PROCEDURES FOR APPEALS AND APPLICATIONS 260 Section 17-1: ............:. Hearing Required on Appeals and Applications ....................... 260 Section 17-2: Notice of Hearing .............................................. 260 Sectionl7-3: Evidence Section 17-4: ................................................261 Modification of Application at Hearing ............................. 261 Section 17-5: Record......................................................262 Section 17-6: Written Decision .............................................. 262 ARTICLE 18. ENFORCEMENT AND REVIEW .................................... 263 Section 18-1: Complaints Regarding Violations .................................. 263 Section 18-2: Persons Liable ................................................ 263 Section 18-3: Procedures Upon Discovery of Violations ........................... 263 Section 18-4: Penalties and Remedies for Violations .............................. 264 fi � G IPAGE Section 18-5: Permit Revocation ............................................. 264 Section 18-6: judicial Review ................................................ 265 ARTICLE 19. NONCONFORMING SITUATIONS .................................. 266 Section 19-1: Continuation of Nonconforming Situations and Completion of Nonconforming Projects ........................................ 266 Section 19-2: Nonconforming Lots ........................................... 266 Section 19-3: Extension or Enlargement of Nonconforming Situations ................ 266 Section 19-4: Section 19-5: Change in Kind of Nonconforming Use ............................. Abandonment or Discontinuance of Nonconforming Situations .......... 269 269 Section 19-6: Completion of Nonconforming Projects ............................ 270 ARTICLE 20. AMENDMENTS ................................................ 273 Section 20-1: Amending this Ordinance ....................................... 273 Section 20-2: Action by the Planning Board ..................................... 274 Section 20-3: Action by the Town Commissioners . 274 Section 20-4: Resubmission of a Denial Petition ................................. 275 fl APPENDIX I TOWN OF BURGAW STORMWATER MANAGEMENT PLAN TECHNICAL MANUAL fl I 1 I I 1 I ARTICLE 1. GENERAL PROVISIONS Section 1-1: Title This Ordinance shall be known and may be cited as the Town of Burgaw Unified Development Ordinance. Section 1-2: Authority (A) This Ordinance is adopted pursuant to the authority contained in North Carolina General Statute 160A-174 which states that a town may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the town, and may define and abate nuisances. (B) Whenever any provision of this Ordinance refers to or cites a section of the North Carolina General Statutes (NCGS) and that section is later amended or superseded, the Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section. Section 1-3: Jurisdiction (A) This Ordinance shall be effective throughout the town's planning jurisdiction. The town's planning jurisdiction comprises the area within the corporate boundaries of the town as well as the one mile extraterritorial area as shown on the "Official Zoning Map" for the Town of Burgaw. Such planning jurisdiction may be modified from time to time in accordance with NCGS 160A-360. (B) In addition to other locations required by law, a copy of the official zoning map showing the boundaries of the town's planning jurisdiction shall be available for public inspection in the planning department. Section 1-4: Effective Date The provisions in this Ordinance were originally adopted and became effective on 1 Section 1-5: Relationship to Existing Zoning and Subdivision Ordinances I To the extent that the provisions of this Ordinance are the same in substance as the previously adopted provisions that they replace in the town's zoning and subdivision ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this Ordinance merely by the repeal of the ' zoning ordinance. Section 1-6: Relationship to Coastal Area Management Act (CAMA) Land Use Plan I It is the intention of the Board of Commissioners that this Ordinance implement the planning policies adopted by the Board of Commissioners for the town and its extraterritorial planning area, as reflected in the CAMA land use plan and other planning documents. While the Board of Commissioners reaffirms its commitment that this Ordinance and any amendment to it be in conformity with adopted planning policies, the Board of Commissioners hereby expresses its intent that neither this Ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document. ' Section 1-7: No Use or Sale of Land or Buildings Except in Conformity With Ordinance Provisions (A) Subject to Article 19 of this Ordinance (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this Ordinance. (B) For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land. Section 1-8: Fees (A) Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional -use permits, special -use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the town's budget or as established by resolution of the council filed in the office of the town clerk. 1 I(B) Fees established in accordance with Subsection (A) shall be paid upon submission of a ," signed application or notice of appeal. Section 1-9: Severability It is herebydeclared to be the intention of the Board of Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentence, clauses, or phrases of this Ordinance since the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, sentence, clause, or phrase. Section 1-10: Computation of Time (A) Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded. (B) Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period. ARTICLE 2. BASIC DEFINITIONS AND INTERPRETATIONS Section 2-1: Word Interpretation For the purposes of this Ordinance, certain words shall be interpreted as follows. Except as defined herein, all other words used in this Ordinance shall have their customary dictionary definition. (A) As used in this Ordinance, words importing the masculine gender include the feminine and neuter. (B) Words used in the singular in this Ordinance include the plural and words used in the plural include the singular. (C) Words used in the present tense include future tense. (D) The word "person" includes a firm, association, organization, corporation, company, trust, and partnership as well as an individual. (E) . The word "may" is permissive. (F) The word "shall" and "will" are always mandatory and not merely directive. (G) The word "used for" shall include the meaning "designed for." (H) The words "used" or "occupied" shall mean "intended, designed, and arranged to be used or occupied." (I) The word "lot" shall include the words "plot," "parcel," "site," and "premises." Q) The word "structure" shall include the word "building." (I) The word "Town Commissioners" shall include "Board of Commissioners" of the Town of Burgaw, North Carolina. Q The words "Zoning Board," "Zoning Commission," or "Planning Commission" shall mean the "Town of Burgaw Planning Board." 4 (M) The word "town" shall mean the "Town of Burgaw," a municipal corporation of the State of North Carolina. (N) The words "map," "zoning map," and "Burgaw Zoning Map" shall mean the "Official Zoning Map for the Town of Burgaw, North Carolina." I (0) The words "board of adjustment" shall mean the "Town of Burgaw Board of Adjustment." I Section 2-2: Definitions of Basic Terms Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this Ordinance. (1) Accessory Structure. Detached garages and accessory buildings no larger than 500 square feet in size associated with residential uses may be constructed in the rear yard provided they are located no closer than 5 feet to any adjoining lot line, except on the street side yard of a corner lot where the setback shall be one-half (1/2) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Accessory structures which are larger than 500 square feet must meet applicable set backs stated in the Table of Area, Yard, and Height Requirements. (2) Accessory Use. A use incidental to, and the same lot as, a principal use. (3) Addition (to an existing building). An extension or increase in the floor area or height of a structure. Additions to existing structures shall comply with the requirements for new construction, unless the addition, renovation or reconstruction does not equal 50% of the present market value of the structure. Where a fire wall is provided between the addition and the existing building, the addition (s) shall be considered a separate building and must comply with the standards for new construction. (4) Administrator. The Land Use Administrator for the Town of Burgaw. 11 (5) Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 5 (6) Adult Bookstore. An establishment that has as a substantial portion of its stock -in -trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, �j magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. (7) Adult Business. An adult business shall be defined as any business activity, club, or other establishment which permits any employee, member, patron, or guest on its premises to exhibit any specified anatomical areas before any other person or persons. Adult Businesses including specified sexual activities, massage parlors, adult arcades, adult bookstores, adult It cabarets, adult motion picture theaters, and adult theaters are prohibited. (8) Adult Cabaret. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (9) Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (10) Adult Theater. A theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by special sexual activities. (11) Agricultural - Livestock. The use of land for dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses. Intensive livestock operations as defined by this Ordinance are excluded. (12) Agricultural - Other Than Livestock. The use of land for the production of cash grains, field crops, vegetables, fruits and nuts, and for horticultural and floriculture. 1 6 1 (13) Allev. A roadway easement which affords only a secondary means of access to abutting I property and not intended for general traffic circulation. Mob (14) Antenna. Equipment designed to transmit or receive electronic signals. (15) A artment. A room or suite of one e or more rooms, each of which has kitchen facilities and is designed or intended to be used, as an independent unit, on a rental basis. (16) Appeal. A request for a review of the administrator's interpretation of any provision of this Ordinance. , (17) Approval Authority. The Board of Commissioners of the Town of Burgaw, the Board of Adjustment or other board or official designated by Ordinance as authorized to grant the specific zoning or land use permit or approval that constitutes a site specific development plan. (18) Area of Special Flood Hazard. The land in the floodplain within a community subject to a one percent or greater chance of being flooded in any given year. (19) Assembly. A joining together of completely fabricated parts to create a finished product. a (20) Assisted Living Home. A facility maintained for the purpose of providing skilled nursing t care and medical supervision at a lower level than that available in a hospital to not more than nine (9) persons. (21) Attached Dwelling Unit for Individual Ownership. A dwelling unit having a common or party wall with another dwelling unit. Each attached dwelling unit is characterized by its own subdivided lot of record which is conveyed with the dwelling unit when purchased. (22) Automobile Off -Street Parking (commercial lot). Any building or premises, except a building or premises described as a private garage, used for the storage of motor vehicles for the public or private businesses. (23) Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. i (24) Basement. For floodplain management purposes, any area of the building having its floor subgrade (below ground level) on at least three (3) sides. (25) Bed and Breakfast Inn. A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises (including boarding homes) and tourist home(s)). (26) Block. A piece of land bounded on one or more sides by streets or roads. (27) Board of Adiustment. A semi judicial body, composed of representatives from the Town of Burgaw, which is given certain powers under and relative to this Ordinance. (28 ) Board of Commissioners. The Board of Commissioners of the Town of Burgaw. ■ (29) Bona Fide Farm. Any tract of land larger than ten (10) acres and otherwise eligible for tax deferral as authorized in NCGS 105-277.1 et. seq. shall be considered a bona fide farm. Any trade of land on which agricultural activities are clearly of an incidental nature may also be considered as a bona fide farm upon determination by the Land Use Administrator upon consideration of agricultural productivity and improvements, and any other necessary or available information. Bona fide farms do not include intensive livestock operations. (30) Buffer. A strip of planted vegetation which shall be a minimum of 10 feet in width and which complies with Article 10 of this Ordinance. (31) Buildable Area. The portion of a lot remaining after required yards have been made. (32) Building. Any structure built for support, shelter, or enclosure for any occupancy or storage. (33) Building, Accessory. See accessory structure. (34) Building, Commercial. Any building used for business purposes. (35) Building, Detached. A building having no party or common wall with another building except an accessory building or structure. (36) Buildiniq Groups, Planned. More than one (1) building on a single lot or tract, or nine (9) or more dwelling units in a multifamily structure on a single lot or tract. 8 (37) Building, Height of. The vertical distance from the average sidewalk or street grade, or finished grade of the building line, whichever is the highest, to the highest point of the building. (38) Building Insaector. The person, officer, and his authorized representatives, whom the Town Commissioners have designated as their agent for the administration and enforcement of the town building codes and minimum housing code. (39) Building Line. A line parallel to the street right-of-way which intersects the nearest point of the building to the street right-of-way. (40) Building Line Minimum. A line parallel to the street right-of-way which establishes the minimum allowable distance between the nearest portion of any building, excluding the outermost three (3) feet of any uncovered porches, steps, eaves, gutters and similar fixtures, and the street right-of-way line, when measured perpendicularly thereto, such minimum distance from the street right-of-way line (being) as specified in Section 14-8, "Table of Area, Yard, and Height Requirements," of the Town of Burgaw Zoning Ordinance. (41) Building, Main. A building in which the principal use of the lot on which the building is situated is conducted. (42) Building Site. Any lot, or portion thereof, or two (2) or more contiguous lots, or portions thereof, of a parcel of land upon which a building or buildings may be erected in conformance with the requirements of the Town of Burgaw Zoning Ordinance. (43) Bulk Storage System. A facility containing storage tanks, pipe network, power, and control systems which allow dry bulk materials to be aerated and handled as required. Normally used to store materials which are consumed in relatively large quantities (i.e., barite, bentonite, and cement). (44) Caliner. A measurement of the diameter of a tree trunk taken to the following standards: • New nursery (to be installed) and nonregulated (existing on -site) trees: trees up to and including four (4) inches in diameter shall be measured six (6) inches above ground level. For trees above four (4) inches in diameter, the caliper measurement shall be taken twelve (12) inches above ground level. • Regulated on -site trees: the caliper of regulated trees shall be measured four and one-half (4-1/2) feet above average ground level. 9 (70) Dwelling. Any buildings or structure (except a mobile home) that either is —or is intended —to be used for living or sleeping by one or more human occupants. (71) Dwelling, Multiple Family. A residential building designed for or occupied by two (2) or more families, with the number of families in residence not exceeding the number of dwelling units provided. (72) Dwelling, Sinszle-Family. A detached building designed for or occupied exclusively by one family. (73) Dwelling, Two Family (Duplex). A detached residential building containing two dwelling units, designed for occupancy by not more than two families. (74) Dwelling Unit. A room or group of rooms within a dwelling forming a single, independent, habitable unit; containing an independent kitchen, sanitary, and sleeping facilities; and provided such dwelling unit complies with local minimum housing standards. (75) Easement. A grant by the property owner of a strip of land for a specified purpose and use by the public, a corporation, or persons. (76) Elevated Building - For floodplain management purposes, a non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, piling, or columns. (77) Erect. Build, construct, rebuild, or reconstruct, as the same are commonly defined. (78) Essential Site Improvements. Any construction or reconstruction of site development feature required by local, state, or federal regulations, ordinances, or laws, such as underground drainage, off-street parking, driveways, retention areas or similar improvements required for the intended use of the site, which cannot be accommodated on the site without removal of regulated trees. (79) Existing Construction. For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective prior to that date. "Existing construction" may also be referred to as "existing structures." 13 L I (60) Dedication. A gift by the owner, or a right to use of land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with an acceptance. (61) Detention Facility. A structure designed and constructed for the collection and storage of surface water for subsequent gradual discharge. (62) Developer. A person who is responsible for any undertaking that requires a zoning permit, special -use permit, conditional -use permit, or sign permit. (63) Develooment. - For floodplain management purposes, 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. (64) Dimensional Nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. (65) Director. The Director of the Public Works Department or his designee. (66) District. Any section of the Town of Burgaw and its extraterritorial jurisdiction in which zoning regulations are uniform. (67) Drin Line. A vertical line running through the outermost portion of the crown of a tree and extending to the ground. (68) Drive-in Facility. An establishment at which employees provide curb service to customers and at which the customer does not customarily leave his vehicle; or accommodations through special equipment or construction from which a person may receive a service or place an order. Self-service gas pumps are excluded from this definition. (69) Driveway. That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area. IN (51) Circulation Area. That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. (52) Conditional -Use Permit. A permit issued by the Board of Commissioners that authorizes the recipient to make use of property in accordance with the requirements of the Town of Burgaw Zoning Ordinance as well as any additional requirements imposed by the Board of Commissioners. (53) Condominium. A dwelling unit in which the ownership of the occupancy rights to the dwelling unit is individually owned or for sale to an individual and such ownership is not inclusive of any land. (54) Contractor, General. One who is engaged in one or more aspects of building construction and/or land development through a legal agreement. (55) Contractor. Trades. One who accomplishes work or provides facilities under contract with another and specifically engages in a specialized trade, such as plumbing, heating, wiring, sheet metal and roofing work, etc. (56) Convenience Store. A one-story, retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primary food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop -and -go traffic. Illustrative examples of convenience stores are those operated by the "Fast Fare," "7- 1 1," and "Pantry" chains. (57) Coverage - An area determined in square footage. (58) Curtain Wall. A continuous, uniform foundation enclosure constructed of brick or concrete blocks and that is unpierced except for required ventilation and access. (59) Day Care Center. Any child care arrangement that provides day care on a regular basis for more than four (4) hours per day for more than five (5) children of preschool age. 1 �1 1 a 1 D 1 I (45) Central Town Area. That area situated in the Town of Burgaw, North Carolina as shown on the official map of the Town of Burgaw, N.C., and being more particularly described as the area encompassed by the following markers: Marker One (1): Located in the center of Walker Street approximately 207 feet from the intersection of Wilmington Street to the southern boundary of Town Hall parking lot, running westward to: Marker Two (2): Located in the center of Wright Street, 207 feet, westward to: Marker Three (3): Located in the center of Dickerson Street, 207 feet, westward to: Marker Four (4): Located in the center of Dudley Street, 207 feet, southward to: Marker Five (5): Located in the center of the intersection of Satchwell Street, eastward to: Marker Six (6): Located in intersection of Walker Street, northward to: Marker One (1): The beginning. (46) Certificate of Occupancy/Compliance. A statement, signed by the Building Inspector or his authorized agents, setting forth that the building, structure or use complies with the zoning ordinance, and that the same may be used for the purpose stated herein. (47) Certi . Whenever this Ordinance requires that some agency certify the existence of some fact or circumstance to the town, the town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the town may accept certification by telephone from some agency when the circumstances warrant it, or the town may require that the certification be in the form of a letter or other document. (48) Child Care Home. A home for not more than nine (9) orphaned, abandoned, dependent, abused, or neglected children, together with not more than two (2) adults who supervise such children, all of whom live together as a single housekeeping unit. (49) Child Care institution. An institutional Facility housing more than nine (9) orphaned, abandoned, dependent, abused, or neglected children. (50) Church, Club, or Private Lodge. An incorporated, or unincorporated association for civic, social, cultural, religious, fraternal, literacy, political, recreational, or like activities, operated on a nonprofit basis for the benefit of its members, and certified as a nonprofit organization by the Secretary of State of the State of North Carolina. IN u 1 fl 'LJ LI I (80) Existing Manufactured Home Park or Manufactured Home Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 21, 1996. (81) Exnansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs). (82) Extraterritorial_iurisdiction. The area beyond the corporate limits within which the planning and zoning regulations of the town apply in accordance with state law. Such area is delineated on the official zoning map for the Town of Burgaw. (83) Fabrication - The process and/or assemblage of various components into a complete or partially completed commodity. Fabrication relates to stamping, cutting or otherwise shaping the processed materials into useful objects. The refining aspects of manufacturing and other initial processing of basic raw material such as metal ores, lumber and rubber, etc., are excluded. (84) Family. One or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit; provided that a group_ of five or more persons who are not within the second degree of kinship shall not be deemed to constitute a family. (85) Family Care Home. A home with support and supervisory personnel that provides room and board, personal care and habilitation services in a family environment for not more than six (6) residents including handicapped and non -handicapped persons. (86) Fence. A continuous barrier constructed of wood, stone, steel, or wire or other similar material. (87) Fence, Screen. A continuous, opaque, unperforated barrier extending from the surface of the ground to a uniform height of not less than eight (8) feet constructed of wood, stone, steel or similar material. 14 (88) Fence, Security. A continuous barrier extending from the surface of the ground to a uniform height of not less than eight (8) feet constructed of wood, stone, steel, wire or other similar material. (89) Fill. Any material used to raise the elevation of the surface of the land, excluding a grade base and paving. (90) Fine Arts. Individual art pieces, not mass-produced, consisting of one or more of the following: paintings, drawings, etchings, sculptures, ceramics, inlays, needlework, knitting, weaving and/or craftwork of leather, wood, metal or glass. (91) Flea Market. A commercial operation held on a regular periodic basis and patronized by individual entrepreneurs who transport a variety of merchandise to a common geographical area for the purpose of sale or trade to the general public. This definition does not include sporadic and infrequent yard sales held in residential areas. (92) Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland waters; and, (b) the unusual and rapid accumulation of runoff of surface waters from any source. (93) Flood Hazard Boundary Man (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A. (94) Flood Insurance Rate Man (FIRM). An official map of a community, on which the Federal Emergency management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (95) Flood Insurance Study. The engineering study performed by the Federal Emergency r Management Agency to identify flood hazard areas, flood insurance risk zones, and other flood data in a community. The study includes Flood Boundary and Floodway Maps (FBFMs), Flood Hazard Boundary Maps (FHBMs), and/or Flood Insurance Rate Maps (FIRMs). 15 1 1 (96) Floodnlain. Any land area susceptible to be inundated by water from the base flood. As used in this Ordinance, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department. (97) Floodway. 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 foot. (98) Floor. The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. (99) Frontage. All property abutting on one side of a street measured along the street line. I(100) G.S. North Carolina General Statute. 1 (101) Garage. Private - A building or space used as an accessory to or a part of the main building permitted in any residential district, that provides storage space for motor vehicles and in which no business, occupation or service for profit is in any way conducted. (102) Gate. A door or other device attached to a fence which, when opened, provides a means of ingress and egress of persons and things for which it was intended, and which, when closed, forms a continuous barrier and screen as a part of the fence in which it is attached. (103) Gross Floor Area. The sum of the enclosed area on all floors of a building measured from the outside faces of the exterior walls. It includes any below grade floor areas used for habitation or storage. 0 04) Habitable Floor. Any floor for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. (105) Half Street. A street whose centerline coincides with a subdivision plat boundary, with one- half (1/2) the street right-of-way width being contained within the subdivision plat. Also, any existing street to which the parcel of land to be subdivided abuts on only one side. 16 0 06) Halfwav House. A home for not more that nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, eleven 01) of whom live together as a single housing unit. (107) Handicapped Home. A residence within a single dwelling unit for at least six (6) but not more than nine (9) persons who are physically or mentally handicapped, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment. 0 08) Handicapped Institution. An institutional facility housing and providing care or assistance for more than nine persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment. (109) Hiiahest Adiacent Grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. 010) Historical Preservation Commercial Use. A commercial use approved as a conditional use in any structure which is listed on, or nominated for, the National Register of Historic Preservation or the North Carolina Plan for Historic Preservation. 011) Home Care Unit. A facility meeting all the requirements of the State of North Carolina for boarding and care of not more than five (5) persons who are not critically ill and do not need professional medical attention, to include homes for the aged. 012) Home for the Arced. A boarding home with more than six (6) beds meeting all of the requirements of the State of North Carolina for the boarding and care of persons who are not critically ill and who do not need regular professional medical attention. 013) Home Occunation. A use that is clearly a customary, incidental, and secondary use of a residential dwelling unit. Criteria for the permitting of a home occupation is contained in Section 4-10, Note 7. 17 (1 14) Improvements. The addition of any building, accessory building, parking area, loading area, fence, wall, hedge, lawn or mass planting (except to prevent soil erosion) to a lot or parcel of property. (115) Industry. Pilot Operation. Any manufacturing establishment that produces only research and/or sample products and is not engaged in the mass production of any product for wholesale or retail to the general public or other businesses. This definition shall also include custom manufacturing or commodities produced by skilled artisans or craftsmen, but is not inclusive of the mass production of any commodity by such artisans or craftsmen. (1 16) Inspector. The Building Inspector for the Town of Burgaw. (117) Intensive Livestock Operations. Any enclosure, pen, feedlot, building, or group of buildings intended to be used or actually used to feed, confine, maintain or stable cattle, horses, sheep, goats, turkeys, chickens, swine, or any combination thereof, with at any time a total of 100 animal units or more present, where their dietary needs are met primarily by means other rthan grazing. 1 018) Intermediate Care Home. A facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. (119) Intermediate Care Institution. An institution facility maintained for the purpose of providing accommodations for more than seven (7) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm. (120) M. A municipal or county operated facility designed for the holding of individuals for trial, contempt, or punishment when the period is not to exceed one hundred and eighty (180) days. (121) Junk. Pre -used or unusable metallic parts and other nonmetallic manufactured products that are worn, deteriorated or obsolete, making them unusable in their existing condition, but are subject to being dismantled and salvaged. 1 18 I 1 (122) Junk Yard. Any land or area use, in whole or in part, for commercial storage and/or sale of waste paper, rags, scrap metal, or other junk, and including storage of scrapped vehicles or machinery and dismantling of such vehicles or machinery. 023) Kennel. A commercial operation that: (a) provides food and shelter and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of animals for sale. (124) Level, Floor. The bottom portion, inclusive of horizontal sills, of the first living floor of a structure intended for occupancy. (125) Loading and Unloading Area. That portion of the vehicle accommodation area used to satisfy the requirements of Article 6. It provides space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times even when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. (126) Lot. Land area of defined boundaries in single ownership, set aside for separate use or occupancy, and recorded as such in the office of the Pender County Registrar of Deeds. (127) Lot, Area of. The parcel of land enclosed within the boundaries formed by the property lines, plus one-half of any alley abutting the lot between the boundaries of the lot, if extended. (128) Lot, Corner. A parcel of land having frontage on more than one street (road) which abuts an intersection of those streets (roads). (129) Lot, Denth. The depth of a lot is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite lot line. (130) Lot, Flag. Lots or parcels with less frontage on a public street than is normally required. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. (131) Lot, Interior. A lot other than a corner lot with only one frontage on a street. (132) Lot Line -Any boundary of a parcel of land. M i n 11 r� 1 0 33) Lot Line, Front. (a) If a lot has one property line which is coterminous with a street right-of-way line, such line shall constitute the front lot line; (b) If a lot has two property lines which are also street right -of --way lines abutting different streets and those two (2) property (street right-of-way) lines form an angle between 80 degrees and 100 degrees, then the shorter of those two (2) lines shall constitute the front property line; if both lines are equal, the front property line shall be determined by the property owner if a front property line has not been designated on the final plat (minimum building lines are construed to designate the front lot line); (c) If a lot is not encompassed by provision (a) or (b) and no front property line is designated on the final plat, the front property line shall be designated by the Board of Adjustment. (134) Lot Line Rear. The rear lot line shall be the property 3line(s) which is (are) opposite the front property line. If no property line is deemed by the Land Use Administrator or his front authorized agents to be opposite the property line and no minimum building line exists on the final plat to establish a rear lot line, then there shall be no rear lot line; however, the rear yard setback shall be maintained from the point (apex) on the property's perimeter which is the furthest removed from the mid point of the front line. The rear yard minimum building line shall be a line perpendicular to a straight line connecting said apex and the mid point of the front lot line. 1 0 35) Lot Line, Side. A boundary line which is not defined as front or rear lot line. 0 36) Lot of Record. A lot, a plat, or a map which has been recorded in the office of the Registrar of Deeds of Pender County, or a lot described by metes and bounds, the description of which has been recorded in the aforementioned office. (137) Lot, Reversed Frontage. A lot on which the frontage is at right angles or approximately right angles (interior angles less than one hundred thirty-five [ 1351 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot, or a through lot. 1 20 (138) Lot, Sinizle-Tier. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type of land use and to which access from the rear is usually prohibited. 0 39) Lot, Throu-Rh or Double Frontage. A lot other than a corner lot with frontage on one or more streets. Through lots abutting two streets may be referred to as double frontage lots. 0 40) Lot Width. The distance between the side property lines along the front minimum building line as specified by the applicable front yard setback in Section 14-8, "Table of Area, Yard and Height Requirements." (141) Lowest Floor. For floodplain management and flood insurance purposes, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's 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 this Ordinance. (142) Manufactured Home. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained herein. "Manufactured home" includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq. (143) Manufactured Home (Mobile Home) Class A - A double- or triple -wide manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria: (a) The home has a length not exceeding four times its width; 21 1 (193) Sexually Oriented Business. Any business activity, club, or other establishment, within which the exhibition, showing, rental or sale of materials distinguished or characterized by an emphasis on material depicting, describing, or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. Regulated businesses shall include, but are not limited to: adult arcades, adult bookstores, adult motion picture theaters, adult theaters. Specified sexual activities, massage parlors, and adult cabarets are prohibited. (194) SIC Manual, Standard Industrial Classification Manual. A book put out by the federal , government which classifies establishments by the type of activity in which they are engaged. Uses listed in this chapter are classified according to SIC groupings. (195) Sign. Any words, lettering, parts of letters, pictures, figures, numerals, phrases, sentences, emblems, devices, design, trade names or trademarks by which anything is made known, such as the designation of an individual, firm, association, profession, business commodity, or ' product, which are visible from any public way and used to attract attention. (196) Sian, Area. The surface area of a sign shall be computed as including the entire area visible from any one point, within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign including lattice work, wall work, and individual letters and spaces between letters comprising part(s) of the sign. Computations of sign area shall include only one side of a double-faced sign structure. If a sign has two sides joined at an angle of grater than 60% the surface of both sides of the sign shall be included in the computation of area. (197) Sign, Business Identification. Any sign which advertises an establishment, service, commodity or activity conducted upon the premises where such sign is located. (198) Sign, Freestanding. A sign that is attached to, erected on, or supported by some structure frame, , (such as a pole, mast, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign," is also a freestanding sign. 0 99) Sign, Off -Premises. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located. 29 1 F-1 r, I 0 83) Reservation. A reservation of land does not involve any transfer of property rights. It simply constitutes an obligation to keep property free from development for a stated period of time. 0 84) Retail. Sale of a commodity, [the sale being] to the ultimate consumer and [the commodity being] not customarily subject to sale again. 0 85) Retention Pond Facilities. A permanent structure that provides for the storage of runoff and is designed to maintain a permanent pool of water. 0 86) Right -of -Way. The property located within and adjoining the streets, roads, and highways within the town which rights -of -way are owned by the town or state or otherwise maintained by the town or the state. 0 87) Salvage Operation. The reclamation, dismantling or storage of pre -used commodities, junk and similar material for the purposes of resale, processing, distribution or deposition. (188) School. Any public or private institution for the teaching of children. 0 89) Screening. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, vegetation, or other natural or man-made visual barriers. 0 90) Service Station. A building or lot dedicated to the rendering of automotive services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles such as tune-ups, brake adjustments, overhauling, and tire changes, excluding body work and painting. (191) Setback. The minimum required distance existing between the abutting street right-of-way line (if no street right-of-way line is involved, the subject property line) and the minimum building line as specified in Section 14-8, "Table of Area, Yard and Height Requirements." (192) Sexual Encounter Establishment. An establishment other than a hotel, motel, or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy. 0 78) Recreational Vehicle Parks. Any single parcel of land upon which two (2) or more recreational vehicles, occupied for sleeping purposes, are located regardless of whether or not a charge is made for such purposes. Recreational Vehicle Parks are referred to in this Ordinance as "RV Park(s)." (179) Regulated Tree. The subsurface roots, crown, and trunk of: (a) Any self-supporting woody perennial plant such as a large shade or pine tree, which usually has one main stem or trunk, and has a measured caliper as follows: (1) hardwood tree - eight (8) inches, such as oak, maple, etc. (2) pine tree - twelve (12) inches, such as a long leaf pine (b) Any small flowering tree, such as dogwood, with a measured caliper of at least four (4) inches. (c) Any tree having several stems or trunks, such as crepe myrtle, and at least one defined stem or trunk with a measured caliper or at least two (2) inches. (180) Rehabilitation Facility. A residential (provision of living quarters for seven (7) or more residents) or nonresidential facility utilized by participants in programs providing guidance, counseling or therapy. This definition does not include a facility providing rehabilitation services to psychotics, severely mentally handicapped individuals or persons who have demonstrated a known pattern of violence (this criterion does not exclude those convicted of violent offenses per se, only those whose behavior patterns are such that they may frequently resort to violence). (181) Remedy a Violation. To bring the structure or other development into compliance with state or local 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 other development. 0 82) Remove (including removing and removal). The cutting down of any live or dead regulated tree and all other acts which cause the death or destruction of any regulated tree. 27 (169) Plat. A map or plan of a parcel of land which is to be, or has been, subdivided. (170) Private Driveway. A roadway serving two or fewer lots, building sites, or other division of land, and not intended to be public ingress or egress. (171) Private Street. An undedicated private right-of-way which affords access to abutting properties and requires a subdivision streets disclosure statement in accordance with G.S. 136-102.6. 0 72) Processing. Any operation changing the nature of material or material's chemical composition or physical properties; does not include operations described as fabrication. (173) Pro artvClearin . The removal of regulated trees from undeveloped property for the purpose of timber sales, value enhancement, or other nondevelopmental purposes. (174) Pruning Standards. Generally accepted standards for pruning as defined in the current ' edition of Pruning Standards by the American Society of Consulting Arborists. 0 75) Public Sewage Disposal System. A system serving two (2) or more dwelling units and approved by the Pender County Health Department and the North Carolina Department of Environment and Natural Resources, Environmental Management Division. (176) Recreation Area or Park. An area of land or combination of land and water resources that is developed for active and/or passive recreation pursuits with various man-made features that accommodate such activities. (177) Recreational Vehicle. A recreational vehicle is a vehicle which is: (a) built on a single ' chassis; (b) self-propelled or permanently towable by a light duty truck; and (c) designed for primarily not use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Recreational vehicles must be ready, willing and able to move off -site within 48 hours. When a recreational vehicle is located within a special flood hazard area, the local Flood Prevention Ordinance must be met. Recreational vehicles include "park model" recreational vehicles as defined by this Ordinance. ' 26 (162) Parkiniz Space, Off Street. For the purpose of this Ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. (163) Perimeter Landscape Strip. A planted strip of land having a minimum width of five feet adjacent to and encircling a parking facility. (164) Person. An individual, trustee, executor, other fiduciary, corporation, firm, partnership, ' association, organization, or other entity acting as a unit. (165) Planned Building Group. A residential project containing nine (9) or more attached dwelling units, a residential project with attached dwelling units for individual ownership; a commercial and/or institutional project located in a B-1, B-2, or B-3 zoning district; a commercial and/or office -institutional project located within an O-I, B-1, B-2, or B-3 zoning district involving the construction of a building greater than seven thousand (7,000) square feet; , a commercial and/or office -institutional project within an I-1, B-1, B-2, or B-3 zoning district involving the construction of more than one (1) building; or a manufactured home park. (166) Planned Unit Development (PUD). A development constructed on a tract of at least 25 acres under single ownership, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land within a PUD district in accordance with Article 5, Part III. (167) Planning Board. A commission appointed by the Town Board of Commissioners and by the Pender County Commissioners for the following purposes: (a) to develop and recommend long-range development plans and policies; (b) to advise the Town Board of Commissioners in matters pertaining to current physical development and zoning for the town's planning jurisdiction. (168) Planting Strip or Area. A ground surface free of concrete, asphalt, stone, gravel, brick, or other paving material, aside from walkways, which is required or used for landscaping purposes. � 2s 1 1 (154) New Construction. (a) Any development occurring on property utilized for governmental, commercial, or residential subdivision purposes for which a building permit is required. (b) For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this Ordinance and includes any subsequent improvements to such structures. 0 55) New Manufactured Home Park. A manufactured home park for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete slabs) is completed on or after October 21, 1996. (156) Nonconforminig Buildinu or Use. Any legally existing building or use which fails to comply with the provisions of the Ordinance. 0 57) Nursing Care Institution. An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision to nine (9) or more persons at a lower level than that available in a hospital. (158) Official Mans or Plans. Any maps or plans officially adopted by the Town of Burgaw Board of Commissioners. 059) Open Space. An area (land and/or water) generally lacking in manmade structures and reserved for the enjoyment of residents of a Planned Unit Development, or other group project. Common open spaces may contain accessory structures, and improvements necessary or desirable for religious, education, non-commercial, recreational, or cultural uses. (160) "Park Model" Recreational Vehicle. A manufactured home typically built in accordance with the construction requirements of HUD National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §5401, et seq. but because of their limited size they are not required to be labeled by the HUD manufacturing housing program. Since these park model type units are not under the jurisdiction of the HUD program, they are labeled and sold as recreational vehicles. 061) Parking Area, Aisles. A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces. 24 (147) Manufactured Home/Recreational Vehicle Space. A plot of land within a MH/RV park , designed for the accommodation of a single manufactured home/recreational vehicle in accordance with the requirements set forth in this section. (148) Manufactured Home/Recreational Vehicle Stand. That portion of the manufactured home/recreational vehicle space designed for and used as the area occupied by the MH/RV proper. (149) Massage Parlor - An establishment where, for any form of consideration, massage, alcohol fomentation, rub, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (150) Mean Sea Level. For purposes of the NFIP, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a FIRM are referenced. ' (151) Modular Home. A dwelling unit constructed in accordance with the standards set forth in the state or local building code applicable to site -built homes and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home except that the modular home meets the state or local building code applicable to site -built homes, or a series of panels or room sections transported on a truck and erected or joined together on the site. ' (152) More Intensive Use. A use that will have a greater impact on the surrounding area than the previous use, including activities which generate more traffic, require more employees or r service deliveries, or utilize more square footage than the previous use existing on the site. 0 53) Multifamily Develooment. A single building on a single lot or tract containing more than two (2) dwelling units. ' 23 (b) The pitch of the home's roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction; (c) The exterior siding consists of wood, hardboard, or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in ' composition, appearance, and durability to the exterior siding commonly used in standard residential construction; I fl I 1 1 1 (d) A continuous, permanent masonry foundation, unpierced except for required ventilation and access, is installed under the home; and (e) The tongue, axles, transporting lights, and removable towing apparatus are removed after placement on the lot and before occupancy. Class A manufactured homes are permitted within the town's RA-20 Residential and R-7MH Residential Manufactured Home zoning districts. (143) Manufactured Home (Mobile Home) Class B. A single -wide manufactured home constructed afteriuly 1,1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A manufactured home. Class B manufactured homes are permitted within the town's R 7MH Residential Manufactured Home zoning district. (144) Manufactured Home (Mobile Home) Class C. Any manufactured home that does not meet the definitional criteria of a Class A or Class B manufactured home. Class C manufactured homes are not permitted within Burgaw's planning jurisdiction. (145) Manufactured Home Lot. A manufactured home lot is a piece of land within a manufactured home park whose boundaries are delineated in accordance with the requirements of the Ordinance. (146) Manufactured Home Park. Any single parcel of land upon which three (3) or more manufactured homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations. Manufactured home parks are referred to in this Ordinance as "MH Park(s)." 22 L I I 1 (200) Sign, Outdoor Advertising. Any sign which advertises an establishment, service, commodity, goods or entertainment sold or offered on premises other than that on which such sign is located. (201) Sign, Portable. Any sign not exceeding fifty (50) square feet in billboard area and not permanently attached to the property on which it is located. (202) Sign, Temoorarv. A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame (including banners), and intended for a limited period of display, including decorative displays for holidays or public demonstrations. (203) Site Snecific Development Plan. A plan of development submitted to the town to obtain one of the following zoning or land use permits or approvals: (a) Final Subdivision Plat, (b) Conditional -Use Permit, (c) Planned Unit Development Plan, or (d) Special use Permit. Notwithstanding the foregoing, a document that fails to describe with reasonable certainty the type and intensity of use for a specified parcel or parcels of property shall not constitute a site specific development plan. (204) Skirting. A continuous, uniform foundation enclosure constructed of vinyl, or metal fabricated for such purpose and that is unpierced except for required ventilation or access. (205) Specified Anatomical Areas. As used herein, specified anatomical areas means and includes any of the following: (a) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered. (206) Specified Sexual Activities. As used herein, specified sexual activities means and includes any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (c) masturbation, actual or 30 f] , simulated; or (d) excretory functions as part of or in connection with any of the activities set forth in subdivisions (a) through (c) of this definition. ' (207) Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of piles, 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 filling; nor does it include the installation of streets and/or walkways; nor does it include 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 dimensions affects the external of the building. (208) Storage. A deposition of commodities or items for the purpose of future use or safekeeping. (209) Storage, Open. The keeping of any goods, junk, material, merchandise, or vehicles in the same place (yard) for a period of more than 24 hours in an unroofed area or any type of shed which does not have four sides. (210) Storage, Self -Service. A building consisting of individual, small, self-contained units that are leased or owned for the storage of goods and wares. (211) Street. A public thoroughfare which affords access to abutting property and is recorded as in ' such the office of the Pender County Registrar of Deeds. The following classifications apply: (a) Maior Thoroughfares. Major thoroughfares consist of interstate, other freeway and expressway links, and major streets that provide for the expeditious movement of , volumes of traffic within and through urban areas. � 31 1 (b) Minor Thoroughfares. Minor thoroughfares are important streets in the urban system and perform the function of collecting traffic from local access streets and it carrying to the major thoroughfare system by facilitating a minor through traffic movement and may also serve abutting property. (c) Residential Collector Street. A local access street which serves as a connector street between local residential streets and the thoroughfare system. Residential collector streets typically collect traffic from 100 to 400 dwelling units. (d) Local Residential Street. Cul-de-sacs, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve ' major traffic generators, and do not collect traffic from more than 100 dwelling units. (e) Cul-De-Sac. A short street having but one end open to traffic and the other end being permanently terminated and a vehicular turnaround provided. A cul-de-sac shall not exceed 750 linear feet in length. (0 Frontage Road. A local street or road that is parallel to a full or partial access ' controlled facility and functions to provide access to adjacent land. rservice (g) Alley. A strip of land, owned publicly or privately, set aside primarily for vehicular to the back access or side of properties otherwise abutting on a street. (212) Street Yard. The area of a parcel immediately adjacent to a street right-of-way and reserved for planting. Street yards must be at least eight (8) feet in width, extend along the entire length of the adjacent street right-of-way, and meet the requirements contained in Section 94 of this Ordinance. ' (213) Structure. For floodplain management purposes, a walled and roofed building, a manufactured home, a gas or liquid storage tank, or other manmade facility or infrastructure ' that is principally above ground. I (214) Subdivider. Any person, firm, or corporation who subdivides or develops any land deemed to be a subdivision as herein defined. 1 32 (215) Subdivision - All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development, and all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition: (a) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards contained herein; L I (b) the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved; I (c) the public acquisition by purchase of strips of land for the widening or openings of streets; (d) the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards contained in Section 14-8 of this Ordinance. (216) Subdivision. Maior. All subdivisions shall be considered major subdivision except those defined as minor subdivisions. (217) Subdivision. Minor. A minor subdivision is a tract to be subdivided which is five (5) acres or less in size, and five or fewer lots result after subdivision: (a) all of which front on an existing approved street; (b) not involving any new public streets, right-of-way dedication, or prospectively requiring any new street for access to interior property; (c) not requiring drainage improvements or easements, other than rear and side lot line easements as required by Section 15-8, to serve the applicant's property or interior properties; (d) not involving any utility extensions; and 1 F, 33 1 (e) not requiring any easements, other than rear and side lot line easements as required by Section 15-8. (218) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its undamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement." (219) Substantial Improvement. Any repair, reconstruction, rehabilitation, addition, or other ' improvement of a structure, the cost of which equals or exceeds 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 project to improve a structure to correct existing violations of state or local health, sanitary, or safety code ' specifications which have been identified by the local 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 an historic structure. (220) Substantially Improved Existing Manufactured Home Park. Repair, reconstruction, rpercent rehabilitation, or improvement of the streets, utilities, and pads which equals or exceeds 50 of the value of the streets, utilities, and pads before the repair, construction, or improvement commenced. (221) Telecommunication Tower. A tower facility,including, but not limited g, to, radio and television transmission towers or similar utilities, microwave towers, and mobile telephone or radio towers. This term shall not include radio transmission facilities for use by ham radio operators or two-way local radio facilities for business or governmental purposes that are ' under 100 feet in height and that, at a height of fifty feet above the base, have a maximum horizontal measurement of eighteen inches nor shall it include any tower erected by a public authority for public safety or emergency service communication purposes. (222) Temnorary Structure. A prospective structure, intended for limited duration, to be located in the floodplain overlay district, for which a plan meeting the requirements of Section 8- 9(l) (1) has been approved by the Land Use Administrator. (223) Tower. Any structure whose principal function is to support antenna. 34 (224) Town. The Town of Burgaw, North Carolina. I (225) Tract. A tract is a piece of land whose boundaries have been described or delineated by a legal instrument or map recorded in the office of the Pender County Registrar of Deeds. (226) Tree Board. The Burgaw Tree Board. (227) Use. The purpose for which land or structure thereon is designed, arranged or intended to be occupied or used, or for which it is occupied, maintained, rented or leased. (228) Use, Accessory. A use incidental to and customarily associated with the use -by -right and located on the same lot with the use -by -right, and operated and maintained under the same ownership with the operation of the use -by -right. (229) Use -By -Right. A use which is listed as an unconditionally permitted activity in this ' Ordinance. (230) Use. Nonconforming. A use of building or land that does not conform with the regulations of the district in which the building or land is situated. (231) Use. Non Farm. Any use of property which is not encompassed by the definition of a farm as so defined in this Ordinance. (232) Use. Special. A use permitted in a zone only after specific findings by the Town Board of Adjustment or Board of Commissioners. (233) Variance. A grant of relief to a person from the requirements of this Ordinance which ' permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. ' (234) Vegetation Screen. Evergreen trees, including, but not limited to, evergreen shrubs or plants with a minimum height of six (6) inches when planted, which reach a height of at least six (6) feet and have adjoining canopies within five (5) years. , L 35 1 fl F Violation. (235) 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 in Article 8 is presumed to be in violation until such time as that documentation is provided. ' (236) Visible. Capable of being seen without visual aid by a person of normal visual acuity. 1 (237) Warehouse. A building or compartment in a building used and appropriated by the occupant for the deposit and safekeeping or selling of his own goods at wholesale and/or for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade to be again removed or reshipped. (238) Wholesale. Sale of a commodity for resale to the public for direct consumption. (239) Yard. A required open space unoccupied and unobstructed by a structure or portion of a structure; provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. (240) Yard. Front. The space on the same lot with the principal building between the building (exclusive of steps) and the front property or street right-of-way line and extending across the full width of the lot. (24 1 ) Yard. Rear. An area extending across the full width of the lot and lying between the rear lot line and a line parallel thereto at a distance therefrom as required in the applicable district. (242) Yard. Side. An area extending along the length of the lot between the required front yard and the required rear yard, and between the side lot line and a line parallel thereto and a distance therefrom as required in the various districts. (243) Zoning Comnliance. A certification by the Land Use Administrator or his authorized agents that a course of action to use or occupy a tract of land or a building, or to erect, install or alter a structure, building or sign situated in the extraterritorial jurisdiction of the town, fully meets the requirements of this Ordinance. 36 (244) Zoning Vested Right. A right pursuant to N.C.G.S. 160A-385.1 to undertake and ' complete the development and use of property under the terms and conditions of an approved site specific development plan. ' Section 2-3: Interpretation of Zoning District Boundaries I (A) Streets, rights -of -way, and easements. Unless otherwise specifically indicated, where district ' boundaries are indicated on the zoning map as approximately following the centerline of a street, highway, railroad right-of-way, utility easement, stream or riverbed, or of such lines extended, then such lines shall be construed to be such district boundaries. ' (B) Lot lines. Boundaries indicated as approximately following platted lot lines shall be ' construed as following such lot lines. (C) Corporate Limits. Boundaries indicated as approximately following the corporate limits shall be construed as following the corporate limits. (D) Property divisions. If a district boundary divides a lot, the requirements for the district in which the greater portion of the lot lies shall be extended to the balance of the lot; provided, ' that such extension shall not include any part of such lot which lies more than one hundred 0 00) feet beyond the district boundary; and further provided, that the remaining parcel shall not be less than the minimum required for the district in which it is located. (E) Vacation and abandonment. Where any public street or alley is hereafter officially vacated or abandoned, the regulations applicable to parcels abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. ' (F) Further interpretation. In case any further uncertainty exists, the board of adjustment shall interpret the intent of the map as to location of such boundaries. 37 1 ARTICLE 3. ADMINISTRATIVE MECHANISMS t PART I. PLANNING AND ZONING BOARD I Section 3-1: Created, Membership 1(A) A town planning and zoning board is hereby created under the authority of the G.S. section 160A-361. (B) The Board shall be comprised of nine (9) members, of which two (2) members shall be representatives of the extraterritorial jurisdiction. The Board shall elect, by majority vote of the entire membership at its regular meeting in March of each year, the following officers: Chairperson and Vice -Chairperson. The duties and responsibilities shall be as follows: ' Chaimerson: The Chairperson shall preside at all meetings of the Board when present, ' appoint special or standing committees, and decide all points of procedure unless otherwise directed by a majority vote of the Board members present. Vice-Chaimerson: The Vice -Chairperson shall preside as Chairperson at all meetings where the Chairperson is not present or the Chairperson temporarily vacates the position for cause and at such times shall have the same powers and duties as the Chairperson. (C) The Clerk to the Board shall be the Land Use Administrator of the Town of Burgaw. The Clerk or his designee shall perform such tasks as may be assigned by the Chairperson including the preparation of all correspondence for the Board, prepare and mail all notices required, and prepare and keep all minutes and records of the Board's proceedings and records of attendance. The Town of Burgaw Building Inspector and the Town Manager shall be ex officio, non -voting members of the Board. Section 3-2: Rules of Conduct Members of the Board may be removed for cause, including violation of any rule stated below: (A) Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite of continuing membership on the Board. Absence from four (4) regularly scheduled Board meetings 38 during any one calendar year shall be considered cause for a recommendation to the Board of Commissioners of dismissal from the Board. (B) No Board member shall take part in the hearing, consideration, or determination, of any application in which he/she is personally or financially interested. Personally interested is defined to mean that a Board member or a Board member's family either owns, has financial interest in, or has property abutting property being considered by the Board. (C) No Board member shall discuss any case with any parties thereto prior to the meeting on that case; provided however, that members may receive and/or seek information pertaining to the case from any other member of the Board, or staff prior to the meeting. Board members shall disclose publicly any contact made by any party to a matter before the Board. (D) Members of the Board shall not express individual opinions on the proper judgment of any case with any parties thereto prior to the Board's determination of that case. Violation of this rule shall be cause for dismissal from the Board. Section 3-3: Meetings (A) Meetings of the Planning and Zoning Board will normally occur on the third Tuesday of the month at a time and place designated by the Board and shall be open to the public. A quorum shall consist of five (5) members of the Board. (B) All regular members may vote on any issue unless they have disqualified themselves for one or more of the reasons listed in Section 3-2. A vote of a majority of the members present and voting shall decide issues before the Board. (C) Special meetings may be called by the Chairperson. It shall be the duty of the Chairperson to call such a meeting upon a recommendation of the Board. During a special meeting, no other business may be considered except that which was specified by advanced notice. The Clerk shall notify all members of the Board in writing not less than five (5) days in advance of such special meeting. Notice of time, place, and subject of such meeting shall be published in a newspaper having general circulation in the Town of Burgaw when possible in accordance with G.S. 143-128.12(b). 0 39 1 H 1 (D) The order of business at regular meetings shall be as follows: (1) Call to Order; (2) Approval of Minutes of Previous Meetings; (3) Approval of the Agenda; (4) Public Input; (5) Unfinished Business; (6) New Business; (7) Announcements; (8) Adjournment. (E) The petitioner or applicant may withdraw the petition or application at anytime; but if a motion is pending to make a recommendation to grant or deny, such motion shall have precedence. Withdrawal shall entitle the petitioner or applicant to return of the filing fee. (F) The Board shall render its decisions in the form of a recommendation on any properly filed petition or application within sixty (60) days after its introduction and shall transmit a signed copy of the decision to the Land Use Administrator to submit to the Board of Commissioners for consideration. The decision shall be in the form of a letter signed by the Chairperson and Clerk and attached to the minutes. Such letter shall indicate the reasons for the Board's determination and its findings. PART H. BOARD OF ADJUSTMENT ISection 3-4: Created Membership (A) A town Board of Adjustment is hereby created under the authority of the G.S. Section 160A-388. (B) The Burgaw Town Board of Commissioners shall provide for the appointment of the Burgaw Board of Adjustment (hereinafter called the Board). Two (2) alternate members may be appointed for a term of three (3) years to serve in the absence of regular members. The successor to the regular and the alternate members shall be appointed for three (3) year terms. Vacancies shall be filled for the unexpired term only. Members of the Board of Adjustment may be removed for cause by the Town Commissioners upon written charges and after public hearing. 1j Section 3-5: Meetings 1 The Board shall elect one of its members as Chairman and another as Vice -Chairman who shall serve ' for one (1) year. The Land Use Administrator shall serve as secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedures under which it will operate. Meetings of the Board ' shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of , witnesses. All meetings of the Board shall be open to the public. However, the Board may meet in executive session to vote on each case. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of , its examination and any other official action. Section 3-6: Filing and Notice for an Appeal , Appeals from the enforcement and interpretation of this Ordinance and appeals for variances may ' be taken to the Board of Adjustment by any person aggrieved or by any office, department, board, or bureau of the town affected. Notice of an appeal to the Board of Adjustment shall be filed with the Land Use ' Administrator. An appeal stays all proceedings in furtherance of the action, unless the Land Use Administrator certifies to the Board that by reason of facts stated in the certificate a stay would, in his opinion, , cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record. Hearing of the Anneal. After receipt of notice of an appeal, the Board Chairman shall schedule the time for a hearing, which shall be at a regular or special meeting. I Notice. At least one (1) week prior to the date of the hearing, the Land Use Administrator shall furnish all adjoining property owners with written notices of the hearing. Notice of Public Hearing shall be published once a week for two (2) consecutive calendar weeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. ' Fees for Anneal or Variance. Based on the Town of Burgaw Schedule of Fees, a fee for the cost ' of advertising shall be paid to the town for each appeal, to cover the necessary administrative costs and advertising. The schedule of fees is on file with the Town Clerk. , 41 1 Section 3-7: Power and Duties The Board of Adjustment shall have the following powers and duties: (A) To hear and decide appeals where it is alleged by the appellant that there is error in any decision made by the Land Use Administrator or other administrative officials in the ' carrying out or enforcing of any provision of the Ordinance. A concurring vote of four -fifths (4/5) of the members of the Board shall be necessary to reverse, wholly or partly, any such decision. (B) To approve conditional uses enumerated within the various zoning districts. 0 (C) To authorize upon appeal in specific cases such variances from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. A variance from the terms of this Ordinance shall not be granted by the Board unless and until the following findings are made: (see definitions, definition of variance): (1) That special condition and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district; (2) That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the application any special privilege that is denied by this Ordinance to other land, structures, or buildings in the same district. 42 CI PART III. LAND USE ADMINISTRATOR I Section 3-8: Land Use Administrator 1 Except as otherwise specifically provided, primary responsibility for administering and enforcing this ' Ordinance may be assigned by the town manager to one or more individuals. The person or persons to whom these functions are assigned shall be referred to in this Ordinance as the "land use administrator" or "administrator." PART IV. BOARD OF COMMISSIONERS I Section 3-9: Powers and Duties I (A) The Board of Commissioners, in considering conditional -use permit applications, acts in a ' quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Articles 14 and 17 of this Ordinance. (B) In considering proposed changes in the text of this Ordinance or in the zoning map, the Board of Commissioners acts in its legislative capacity and must proceed in accordance with ' the requirements of Article 20. (C) Unless otherwise specifically provided in this Ordinance, in acting upon conditional -use ' permit requests or in considering amendments to this Ordinance or the zoning map, the Board of Commissioners shall follow the regular voting and other requirements as set forth ' in other provisions of the town code. NOTE: Chapter 2, Article II of the Burgaw, Town Code provides a comprehensive ' discussion of procedures for conducting meetings of the Board of Commissioners. 43 1 0 7 F� ARTICLE 4. ZONING DISTRICTS AND ZONING MAP PART I. ZONING DISTRICTS Section 4-1: Establishment of Zoning Districts, and the Purpose Thereof For the purpose of this Ordinance, the Town of Burgaw and its extraterritorial jurisdiction is divided into the following classes of zones: (A) RA-20 Residential District. The purpose of this district shall be to maintain a compatible mixture of single-family residential and agricultural uses with a maximum density of 2.18 dwelling units per acre. The regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of residences and which would be detrimental to the quiet residential nature of the areas included in this district. No RA-20 district shall be less than four (4) acres in area. The Residential District is intended primarily for agricultural use, preservation of natural areas, recreation space, and low density residential use. This district is not served by public water and sewer facilities. (B) R-20 Residential District. The R-20 Residential District is established as a district in which the principal use of land is for low -density residential uses to maintain a healthful environment in rural areas. No R 20 district shall be less than four (4) acres in size. (C) R 12 Residential District. The R 12 Residential District is established as a district in which the principal use of land is for residential purposes and to ensure that residential development served by both community/public water and sewer systems will occur at sufficiently low densities to maintain a healthful environment. No R 12 district shall be less than four (4) acres in area. (D) R-7 Multi -Family Residential District. The R 7 Multi -Family Residential District is established as a district in which the principal use of land is for two-family and multi -family residential. The regulations in this district allow for intensive development provided the necessary public or community water and sewer systems are available. All R 5 Multi -Family Residential Districts, with a total area of less than four acres, shall serve as transitional zones between high intensity and low intensity land uses. 44 0 (E) R-7MH Residential Manufactured Home District. This R-7MH Residential Manufactured Home District is defined as medium -density residential areas encompassing individual manufactured homes and conventional single-family dwellings and additional open areas where similar residential development will be a viable land use. The uses permitted in this district are designed to stabilize and protect the essential character of the area and to prohibit all activities of a commercial nature except certain home occupations controlled by specific limitations. The regulations of this district allow intensive development provided the necessary public or community water and sewer systems are available. No R 7MH district shall be less than four (4) acres in area. (F) PUD Planned Unit Development District. The PUD Planned Unit Development District is defined as an area characterized by an orderly integration of residential development, open space land uses, and in some cases commercial development which conform to the design requirements contained herein. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot -by - lot basis. This district is served by public water and sewer facilities. No PUD district shall be less than twenty-five (25) acres in area. (G) O-I Office and Institutional District. The 0-1 Office and Institutional District is defined as certain land uses with structures that provide office space for professional services and for certain institutional functions and residential accommodations, usually medium or high - density in nature. The district is normally small and may include older homes undergoing conversion. This district is usually situated between business and residential districts, and the regulations are designed to permit development of the permitted functions and still protect and be compatible with nearby residential districts. All 0-1 Office and Institutional Districts, with a total area of less than four acres, shall serve as transitional zones between high intensity and low intensity land uses. (H) B-1 Central Business District. The B-1 Central Business District is intended to provide for concentrated development of appropriate uses within the central portion of Burgaw with emphasis on large scale stores and specialized shops serving a retail trading area. Any use which would hinder the pedestrian orientation of the area is prohibited. No B-1 district shall be less than four (4) acres in area. (I) B-2 Highway Business District. The B-2 Highway Business District is defined as certain areas that are designed to serve both nonresidents and transients using the major arterials that run through or around the town. This district is intended to provide for a wide range of 45 1 ' commercial uses which will serve the needs of the community as a whole. The district will be located along major thoroughfares and along collector streets within Burgaw. All uses ' within this district should have ample parking, controlled traffic movement, and suitable landscaping. It is designed to accommodate retail or service establishments customarily ' patronized by transient traffic as well as non -transient traffic. No B-3 district shall be less than four (4) acres in area. t(J) B-3 Neighborhood Business District. The B-3 Neighborhood Business District is established as a district in which the principal use of land is to provide for the retailing of ' goods and services to the adjacent residential neighborhoods. The district is intended to provide for those commercial uses which are conducive to the everyday needs of a nearby ' residential area. The regulations of this district are intended to provide for retail trade's and services in designed shopping areas where the nature of the development occurring is limited ' by standards designed to protect the abutting residential areas which it serves. No B-2 district be less than four (4) in shall acres area. ' (K) I-1 Light Industrial District. The I-1 Light Industrial District is intended to provide for industrial and other uses which would not be inherently obnoxious and yield only very minimal noise, odor, smoke, light, vibration, dusts, or the use of dangerous chemicals and/or materials. Adequate buffering between uses within the district and other bordering districts ' will be required. The array of permitted uses is limited to support the environmental protection of this district and the surrounding areas of Burgaw. No I-1 district will be less than four (4) acres in area. (L) I-2 Heavy Industrial District. The 1-2 Heavy Industrial District is defined as an area where ' most manufacturing establishments may be developed. This district is customarily located in proximity to railroad sidings and/or major thoroughfares. The purpose of this district is to provide for major industrial development and operation. Only uses which would not be ' inherently obnoxious and yield only reasonable levels of noise, odor, smoke, light, vibration, dust, or the use of dangerous chemicals and/or materials are allowed. Adequate buffering between uses within the district and other bordering districts will be required. No I-2 district shall be less than five (5) acres in area. ' (M) C/P Conservation/Preservation District. The intent of the Conservation/ Preservation (C/P) zoning district is to preserve and control development within certain land and/or water areas of the Town of Burgaw which have any or all of the following characteristics: 1 46 (1) Serve as a wildlife refuge; (2) Possess great natural beauty; (3) Are utilized for outdoor recreational purposes; (4) Provide needed open space for the health, safety, and general welfare of the town's inhabitants; (5) Are environmentally sensitive. Uses in this district shall be restricted so as to not destroy or impair the natural flora, fauna, watercourses, or topography of the area. The regulations which apply within the district are designed to reserve such areas for the purposes outlined and to discourage any encroachment by dense residential, commercial, industrial, or other uses capable of adversely affecting the relatively undeveloped character of the district. (N) FP Floodolain Overlay District. See Article XIII. PART II. OFFICIAL ZONING MAP Section 4-2: Zoning Map is a Part of this Ordinance The planning area is hereby divided into districts whose locations and boundaries are shown on the official zoning map for the Town of Burgaw, which is hereby adopted by reference and declared to be a part of this Ordinance. The map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the official seal of the Town of Burgaw under the following words: "This is to certify that this is the official zoning map referred to in Article 4, Part II of the Unified Development Ordinance for the Town of Burgaw, North Carolina." The date of adoption and subsequent amendments shall also be shown. j 1 H I 47 1 ISection 4-3: Replacement of the Official Zoning Map IIn the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the board of commissioners may, by ordinance, adopt a new official zoning map which shall be the same in tevery detail as the map it supersedes. The new map shall bear the seal of the town under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted and ' referred to in Article 4, Part II of the Unified Development Ordinance for the Town of Burgaw, North Carolina." The date of adoption of the new official zoning map shall also be shown. 1 Section 4-4: Maintenance of the Official Zoning Map Upon notification by the board of commissioners that a zoning change has been made, the town manager shall cause to be made the necessary changes on the official zoning map within fourteen (14) calendar days of notification. The planning director shall be responsible for the maintenance and revision of the official zoning map after being notified by the town manager. NOTE: See Article 20 for Amendment Criteria. PART III. APPLICATION OF GENERAL REGULATIONS Section 4-5: Only One Main Building, One Main Use on Lot, and Orientation of a Building In all districts, every main building hereafter erected or altered shall be located on a separate lot, as defined in this Ordinance, and in no case shall there be more than one main building and permitted accessory building on the lot nor more than one main use (e.g., commercial, industrial or residential) per building and lot; provided that this requirement shall not apply to uses that are permitted in the Table of Permitted Uses (Section 4-9) within the same zoning district and located in the same building, nor to motels or manufactured home parks, nor to planned building groups approved by the Planning Board, nor to a bona fide farm use. In the case of applications for double occupancy permits involving a residential use and a nonresidential use of the same building in an O-I or B-3 zone, where the Land Use Administrator or his authorized agents deem that an above -normal safety hazard exists due to the storage of chemicals or explosive commodities, such applications shall be forwarded to the Board of Adjustment for a determination of whether or not a safety hazard exists which would create a substantial detriment to the proposed residential occupancy, residential occupancy of that building shall be prohibited. Section 4-6: Minimum Yards The minimum yards or other open spaces required by this Ordinance, including those provisions regulating intensity of use, for each and every building hereafter erected or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements or the intensity of use provisions for any other building. Section 4-7: Lot Subdivision No lot shall hereafter be so reduced in area as to cause any open space required by this Ordinance to be less in any dimension than is herein required by the minimum yard requirements of the zone in which the lot in question is situated. Section 4-8: Improvements Bond No final certificate of occupancy/compliance for a commercial, residential, or manufactured home park or planned building group will be issued until all required site improvements have been completed. In lieu of completion of required site improvements, the developer of the planned group may enter into a contract with the Town of Burgaw providing for the installation of required improvements within a designated period of time. Performance of said contract shall be secured by a cash or surety bond which will cover the total estimated cost of the improvements as determined by the Town of Burgaw; provided, however, that said bond may be waived by the Town Board of Commissioners within its discretion. PART IV. DISTRICT REGULATIONS ISection 4-9: Table of Permitted Uses ' Districts in which particular uses are permitted as a use -by -right are indicated by "x." Uses not specifically listed in the Table of Permitted Uses are prohibited. Districts in which particular uses are permitted as a use -by -right with certain conditions are indicated by "x' with a reference to a footnote to this table. ' Districts in which particular uses are permitted as a conditional use upon approval of the Town Board of Commissioners are indicated by "c." See the Table of Regulations for Conditional Uses, Section 14-20, ' for details of each conditional use. Districts in which particular uses are prohibited are indicated by a blank. Any land use listed in the Table of Permitted Uses that incorporates or utilizes a drive-in facility must ' have its site design plan and proposed traffic circulation and parking plan approved by the Town of Burgaw. Those plans must be approved prior to construction of the drive-in facility. ' Minimum zoning district area (acreage) requirements are defined in Section 4-1, Establishment of ' Zoning Districts and the Purpose Thereof. = = = = = = w TABLE OF PERMITTED USES .. ABATTOIR OPERATIONS 311611 X ACCESSORY APARTMENT C C C C ACCESSORY BUILDING X X X X X X X X X X X X ACCESSORY USES Incidental to any permitted use (see Note 2) X X X X X X X X X X X X X ADDRESSING SERVICE 561499 X X X ADULT BUSINESSES (see Note 3) AGRICULTURAL - Livestock (excluding intensive livestock operations) C X AGRICULTURAL - Other Than Livestock X X X X AIRPORT OPERATIONS, AIRCRAFT PORT, ETC. 488119 X X X ALCOHOLIC BEVERAGES, PACKAGED, RETAIL SALE 422820 X X X AMBULANCE SERVICE/RESCUE SQUAD 922160 X X X X ANIMAL MEDICAL CARE (incl. kennel operations) 541940 C C APPAREL & ACCESSORY SALES 448150 X X X ASPHALT/CONCRETE PRODUCTION C ASSEMBLIES (Assembly Hall, Armory, Stadium, Coliseum) 624190 X C X X ART GALLERY 453920 X X X X X AUCTION SALES (excl. livestock auctioning) 453998 X AUTOMATIC TELLER MACHINE (see Note 2) 334119 X X X X X ICS - North American Industry Classification System. See Note 15. �� See Note 1. 51 PF.RMITTFn t NF_4 I IC S* I RA-20 I R- A I R-1 I R-7 I R-7MH I P m** I 0-I I B.1 I M I R-3 I I-1 I I-2 I C IP AUTOMOBILE OFF-STREET 812930 C C X X C X X PARKING (commercial lots) AUTOMOBILE PARTS & 441310 X X X ACCESSORY SALES AUTOMOBILE AND TRUCK 532111 X X X X RENTAL AUTOMOBILE REPAIR 811111 X X X AND/OR BODYWORK (excl. commercial wrecking, dismantling or storage of junked vehicles) AUTOMOBILE SALES, NEW 441110 X X AND USED AUTOMOBILE SERVICE 421120 X X X STATION OPERATIONS (See Note 4) AUTOMOBILE LAUNDRY/CAR 811192 X X WASH BAKERY PRODUCTION AND 422420 X X WHOLESALE SALES BAKING, ON -PREMISES AND 445291 X X X X RETAIL ONLY BANK, SAVINGS & LOAN 522120 X X X X X COMPANY AND OTHER FINANCIAL ACTIVITIES BARBER OR BEAUTY 611511 X X X X COLLEGE INSTRUCTION BARBERING & HAIRDRESSING 812111 X X X X X SERVICES BED AND BREAKFAST INN 721110 C C C C C (includes Boarding House and Tourist Homes) BICYCLE SALES & REPAIR 451110 X X X BINGO PARLOR 713290 X BLACKSMITH SERVICES 541940 X X ' ICS - Nortk Arnerican Industry Classification System. See Note 15. See Note 1. 52 i M MMM M M i M M M==== M M M M = S = i = = = = = = = r PF.RMITTF.D i I,SFS I iCS• I RA_ 0 I R-20 I R-1 I R.7 I R-7MH I Pi JD** I Q-I I R-1 I R- I R-3 I i t i i- I C/P BOATS AND ACCESSORIES, 441222 X RETAIL SALES AND SERVICE BOOKS AND PRINTED 451211 X X MATTER, DISTRIBUTION BOOKBINDING 323121 X BOTTLED GAS 454312 X X DISTRIBUTION, BULK STORAGE (see Note 5) BOTTLING 312111 X BOWLING ALLEY 713950 X BUILDING SUPPLY (no outside 444190 X X X storage) BUILDING SUPPLY (with outside 444190 X X storage) (See Note 2) BUS REPAIR AND STORAGE 485113 X TERMINAL ACTIVITIES BUS STATION ACTIVITIES 485113 X CABINETMAKING WITH 337110 X EXTERIOR WORK AND STORAGE CABINETMAKING WITH 337110 X X X X INTERIOR WORK AND STORAGE AND NO EXCESSIVE NOISE CAMPS AND CAMPGROUNDS 721211 X X CANDY OR CONFECTIONARY 445292 X X X MAKING ON PREMISES AND RETAIL ONLY CARPET AND RUG CLEANING 561740 X X X CATALOGUE SALES 454110 1 X CEMETERY 812220 C C C C C C C C CHILD CARE HOME OR X X INSTITUTION ICS - North American Industry Classification System. See Note 15. "" See Note 1. 53 PFRMITTFI) USES I ICS* I RA- 0 I R- 0 R-12 R-7 I R-7MH i P D** 0-1 i R-1 I R-2 I_ R-3 I 1-1 1-2 I CJP CHURCH 813110 X X X X X X X X X X CLINIC SERVICES, MEDICAL & 621111 X X X X DENTAL 621210 CLUB OR LODGE, fraternal or civic X X X COAL SALES & STORAGE 454319 X CONTRACTOR, GENERAL (excl. 233 X X X X outside storage of equipment or supplies) CONTRACTOR, GENERAL (with 233 X outside storage of equipment or supplies) (See Note 2) CONSTRUCTION STORAGE X (See Note 2) CONTRACTOR, TRADES (excl. 235 X X X X X outside storage of equipment or supplies) CONTRACTOR, TRADES (with 235 X outside storage of equipment or supplies) (See Note 2) CURIO AND SOUVENIR SALES 453220 X X X DAIRY PRODUCTS SALES, ON- 445299 X X X PREMISES, RETAIL SALES ONLY DAIRY PRODUCTS, SALES & 422430 X PROCESSING DAY CARE CENTER 624410 X C C C C C C C X X (kindergarten) DELICATESSEN OPERATION 445210 X X X X (incl. catering) DRUG & ALCOHOL 621420 X X TREATMENT CENTER DRY CLEANING & LAUNDRY, 812320 X X X COMMERCIAL (see Note 6) ICS - North American Industry Classification System. See Note 15. See Note 1. 54 = = M r = = = = = i = = = = M = M PF.RMI=D I JSF4 I iC 4* I RA-20 I R- 0 I R-1 I R.7 I R.7MH I PUD** I 0-1 I R-1 I R- I R-3 I i 1 I 1- I CYP DRY CLEANING OR LAUNDERING (customer self- service) (see Note 6) 812310 X X X DWELLING, SINGLE-FAMILY (minimum lot size of 3 acres) X X X X X X X C DWELLING, TWO-FAMILY X X DWELLING, MULTI -FAMILY X X C EATING OR DRINKING FACILITIES (drive-ins excluded) 722110 X X X X EATING AND DRINKING FACILITIES, FAST FOOD (drive- ins included) 722211 X X ELASTIC MANUFACTURE 313221 X X EMPLOYEES SERVICE (not designed for or available to public customers) Same as principal use X X X X X X X EXTERMINATING SERVICE 561710 X X X FAIRGROUND ACTIVITIES (including carnivals and circuses) 711190 X FAMILY CARE HOME X X X FARM MACHINERY SALES AND SERVICING 421820 X X X FARM SUPPLIES MERCHANDISING (excl. fans machinery) 422910 X X X FEED AND GRAIN MIXING 311119 X FILL (earth elevation) X X X X X X X X X X X X FIRE STATION OPERATIONS 922160 X X X X X X X X X X X X FLEA MARKET 454390 X X FLOODPLAIN X FLOWER SHOP 453110 1 X X X X ICS - North American Industry Classification Systein. See Note 15. See Note 1. 55 PF.RMITTFT) 11SFS I 101;* I RA_20 I R-20 I R-12 I R-7 I R-7MH I PUT)** I 0-1 I R-1 I R-2 ( R-3 I 1-1 I 1-2 I CIP FOOD SALES 445110 X X X X FOOD FREEZER OPERATIONS X X FORESTRY AND OUTDOOR 113210 X X PLANT NURSERIES FUNERAL HOME 812210 C C C FUR & LEATHER APPAREL 448190 X X SALES, Incl. cold storage GAME FARM 114210 X X GRAIN SALES OR STORAGE 422510 X (Wholesale) GOLF COURSE 713910 C C C C C X HARDWARE, PAINT & 444130 X X X X GARDEN SUPPLY SALES HATCHERY OPERATIONS 112340 X X HEALTH CLUB/GYMNASIUM 721110 X X X X HISTORICAL PRESERVATION, C C C C C C C C COMMERCIAL USE HOME FURNISHING & 442299 X X X APPLIANCE SALES HOME OCCUPATION (see Note X X X X X X X X 7) HOSPITAL OR SANITARIUM 622110 X X CARE (except for the insane, feebleminded, and addicted) ICE MANUFACTURING 312113 X INDUSTRIAL SALES OF 811310 X X EQUIPMENT OR REPAIR 421830 SERVICE INDUSTRIAL OPERATIONS X NOT OTHERWISE LISTED HEREIN (except uses listed in Note 8) ' ICS - North American Industry Classification Systein. See Note 15. See Note 1. 56 M r � ■■r = M = = r M = = = M = = r M PERMITTED I iSFS I TCS* I RA_ 0 I R- 0 I R-1 I R-7 I R 7MH I PIJD** I n 1 I R 1 I R I R 3 I T 1 I 1 I C/P INDUSTRY, PILOT C X OPERATION JAIL (see Note 9) x JANITORIAL SERVICE 561720 X X X KENNEL OPERATIONS, CARE 812910 C C LABORATORY OPERATIONS, 621512 X X X MEDICAL OR DENTAL 621511 LABORATORY RESEARCH 54 C X X LARGE ANIMAL MEDICAL X SERVICES LIBRARY 514120 C C C C C C X X X X LIVESTOCK SALES & 422590 X X AUCTIONING LOCKSMITH, GUNSMITH 561622 X X MACHINE TOOL 333515 X MANUFACTURING OR WELDING MANUFACTURED HOME, X X CLASS A, Individual, For Residential Occupancy (see Note 13 and 14) MANUFACTURED HOME, X CLASS B, Individual, For Residential Occupancy (see Note 13 and 14) MANUFACTURED HOME, 531110 C C C C C C C C Individual, For Office and Exhibition (see Note 14) MANUFACTURED HOME 531190 X PARK but excl. any manufactured home sales MANUFACTURED HOME 453930 X X SALES but excl. any residential occupancy MOBILE VENDING (see Note 10) X X X ICS - North American Industry Classification System. See Note 15. See Note 1. 57 PERMITTEDUSES I iCS* I RA_ 0 I R- 0' R-1 � R-7 � R-7MH I PIJD** I 0-1 I R-1 I R- � R-3 I 1-1 I 1- I GP MOTEL, HOTEL, OR MOTOR 721110 C X X COURT OPERATIONS MONUMENT SALES 453998 X MONUMENT WORKS 327991 X MUSEUM (non-public) 712110 X X X NEWSPAPER PUBLISHING 511110 X X X X NEWSSTAND SALES 451212 X X X NURSERY OPERATIONS (plant) 444220 X X X NURSING HOME (including Home 623110 C C C for the Aged and Family Care Unit) OFFICE USE of a doctor, dentist, 621111 X X X X X osteopath, chiropractor, optometrist, physiotherapist, or other medically oriented profession OFFICE USE with no on -premises X X X X X X X stock of goods for sale to the general public and the operations and services of which are customarily conducted by means of written, verbal, or mechanically reproduced communications material OFFICE SUPPLIES & 453210 X X X X X EQUIPMENT SALES AND SERVICE OPTICIAN SERVICES 621320 X X X X X OUTDOOR THEATER AND 713110 X TEMPORARY FACILITIES SUCH AS AMUSEMENTS PAWNSHOP 522298 X X PET SALES, excl. kennel activities or 453910 X X X X outside storage of animals PHARMACEUTICAL SALES 446110 X X X X X PHOTOGRAPHY, 541922 X X X X X COMMERCIAL ICS - North American Industry Classification Systein. See Note 15. " See Note 1. 58 M M M M i= M = = = = = M= w= PERMITTED I LSF,S I JQS* I RA-20 I R- 0 I R-1 I R-7 I R 7MH I PUT)** I n i I R 1 I R I R 3 I 1 1 I i I CIP PLATING 332813 x POST OFFICE 491110 X X X X X PRIVATE RECREATION CLUB 713990 C C C C X C C OR SWIMMING CLUB ACTIVITIES NOT OPERATED AS A BUSINESS FOR PROFIT PRINTING & REPRODUCTION 323122 X X X PUBLIC BOAT DOCK OR X FISHING PIER PUBLIC RECREATION (such as 624110 X X X X X X X X X X X X community center buildings, parks, playgrounds, and similar facilities operated on a nonprofit basis) PUBLIC OR PRIVATE 221121 C C C C C C C C C C C C X ELECTRICAL UTILITY STATIONS OR SUBSTATIONS PUBLIC UTILITY WORKS, 493190 X X SHOPS, OR STORAGE YARDS QUARRY OPERATIONS 212321 X RADIO OR TELEVISION 513112/ X X X X STUDIO ACTIVITIES ONLY 513120 RAILROAD STATION 488210 X X OPERATIONS RAILROAD YARD 926120 X OPERATIONS RECREATION ACTIVITIES X X X X conducted outdoors, private, non-profit RECREATION OR X X AMUSEMENT ENTERPRISE conducted outside a building and for profit, and not otherwise listed herein RECREATION OR 713120 X X X X AMUSEMENT ENTERPRISE conducted inside a building and for profit, and not otherwise listed herein ICS - North Arnerican Industry Classification Systein. See Note 15. See Note 1. 59 PF.RM=FD I JSFS I T'S* I RA-20 I R-20 I R-12 I R-7 I R-7MH I Pi Jib** I n-i I R-1 I 13-2 I R-3 I 1-1 I i-2 I C/P RECREATIONAL VEHICLES, for 441210 X X X X X temporary use (see Note 11) REDUCING SALON CARE 812191 X X X X (WEIGHT LOSS CENTER) REHABILITATION FACILITY 622210 X REPAIR, RENTAL AND/OR Determine X X X X SERVICE of any product the retail sale d by type of which is a use -by -right in the same of repair district and not otherwise listed herein RESOURCE EXTRACTION, such 212321 X as sand pits RETAILING OR SERVICING with Depends X operations conducted and merchandise on type of stored inside and/or outside a building product and not otherwise listed below (see Note 2) RETAILING OR SERVICING with Depends X X X operations conducted and merchandise on type of stored entirely within a building and not product otherwise listed herein RIDING ACADEMY ACTIVITY 611620 X SALVAGE OPERATION (see X Note 12) SAWMILL OR PLANING 321113 X ACTIVITIES SECOND-HAND & SWAP SHOP 463310 X X SALES SCHOOL, BUSINESS & 611410 X X X COMMERCIAL SCHOOL, ELEMENTARY, 611110 C C C C C C C C C JUNIOR HIGH, AND HIGH SCHOOL SCHOOL, TRADE OR 611210 X X X X VOCATIONAL y. ICS - North American Industry Classification System. See Note 15. See Note 1. 60 M M M M M M M M M M M M M r Ml M M M M m m m m m m m m m m m r= m= m= m m PF.RMITi'FD USES I ICS* I RA.20 I R-20 I R-12 I R-7 I R-7MH I PUD** I n-1 I R-1 I R-2 I R-3 I 1-1 I i- I C/P SCHOOL, FOR NURSES OR OTHER MEDICALLY ORIENTED PROFESSIONS 611519 X X X SHEET METAL FABRICATION 332322 X SHORELINE PROTECTION AREAS X SPORTING GOODS SHOP 451110 X X X STORAGE, FLAMMABLE IN FIRE DISTRICT (see Note 5) X X STORAGE, OPEN Depends on type of product X STORAGE, SELF-SERVICE X X X STORAGE, WAREHOUSE 493110 X X SWIMMING BEACH X TAILORING (Dressmaking) 811490 X X X X TAXICAB OPERATIONS 485310 X X TEACHING of Art, Music, Dance, Dramatics, or Other Fine Arts 611610 X X X X X TELECOMMUNICATION TOWERS 334220 C C C C TELEPHONE EXCHANGE OPERATIONS C C C C C C C X X X X X X TEMPORARY CONSTRUCTION BUILDING X X X X X X X X X X X X X THEATER PRODUCTIONS, Indoor 711310 X X X X THEATER PRODUCTIONS, Outdoor 711320 C C TIRE RECAPPING 326212 X X X TOBACCO SALES WAREHOUSING 422940 X X ICS - North American Industry Classification Systein. See Note 15. See Note 1. 61 PERMITTED LISPS I i S' I RA- 0 I R- 0 I R-1 I R-7 I R-7MH I PUD** � O-i I R-1 I R-2 I R-3 I 1-1 I 7-2 I CIP TOBACCO PROCESSING 312210 X TRAILER RENTALS X TRAVEL AGENCY 561510 X X X X X TRUCK TERMINAL ACTIVITIES, Repair & Hauling and/or Storage 488490 X UPHOLSTERING OR FURNITURE REFINISHING 811420 X X X X VARIETY, GIFT, & HOBBY SUPPLY SALES 452990 X X X X VENDING MACHINE RENTAL 333311 X VETERINARIAN 541940 X X WATER RETENTION PONDS X WHOLESALE SALES with operations conducted and merchandise stored entirely within a building and not otherwise listed herein 813910 X X X WILDLIFE REFUGE X ICS - North American Industry Classi{ication System. See Note 15. See Note 1. 62 M = M M ISection 4-10: Notes to the Table of Permitted Uses Note 1. Land Use Within the Planned Unit Development. All uses listed in the Table of Permitted Uses as a use -by -right in the PUD district shall be specified to be developed on certain sites within the PUD ' district at the time of the approval of the preliminary plan. Commercial activities shall be permitted only as a planned building group for uses allowed in the B-2 district. ' Note 2. Accessory Uses. In O-I, 13-1, B-2, and B-3 districts, there shall be no open storage as an accessory use. In the I-2 district, open storage as an accessory use shall be permitted, provided it is enclosed ' by a fence not less than six (6) feet in height. No permanent residential occupancy shall be allowed as an accessory use in 13-1, B-2, B-3, I-1, or I-2 districts. There shall not be more than one (1) accessory structure ' per lot. Swimming pools as an accessory use in R-20, R-12, R-7, R-7MH, O-I, or PUD districts shall be enclosed by protective fencing not less than five (5) feet in height and should be setback five (5) feet from the existing property line. Automatic teller machines shall be allowed as an accessory use. Note 3. Adult Business. Adult businesses are prohibited within Burgaw's zoning jurisdiction and ' include: adult arcades, adult bookstores, adult cabarets, adult motion picture theaters, adult theaters, massage parlors, sexual encounter establishments, sexually oriented businesses, and specified sexual activities. ' Note 4. Automobile Service Stations. Automobile service stations shall be a permitted use in B-3 ' and PUD districts provided the following conditions are met: (1) The service station is limited in function to dispensing gasoline, oil, grease, antifreeze, tires, ' batteries, and automobile accessories directly related to motor vehicles; to washing, polishing and servicing motor vehicles, only to the extent of installation of the above -mentioned items; ' and to selling at retail the items customarily sold by service stations. (2) The service station shall not overhaul motors, provide upholstery work, auto glass work, ' painting, welding, bodywork, tire recapping, or auto dismantling. (3) The service station shall provide a screen planting and/or fence along the property lines that abut residential properties. Lighting facilities shall be arranged and of such nature that ' nearby residential properties are not disturbed. (4) Service stations shall extinguish all floodlights at the close of daily operation or 11:00 p.m., ' whichever is earlier. 1 63 Automobile service stations located within the town shall have no gasoline or oil pump located within twelve (12) feet of any street right-of-way line. Outside the town, no such pump shall be located within fifteen (15) feet of any street right-of-way line. Note 5. Storage of Flammables. The permitted use of bulk storage of bottled gas (distribution) or storage of flammables in the Town of Burgaw Fire District shall be regulated by the Town of Burgaw Fire Code. Note 6. Dry Cleaning and Laundry Establishments. Such establishments shall be permitted when only oil, gas, or electricity is used for heat. Screening and filtering devices shall be used to prevent the emission of smoke, dust, fumes, odors, or steam into the atmosphere. Note 7. Home Occupations. Shall be permitted only as a use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and shall be permitted subject to the following limitations: (1) No exterior display of products; (2) No mechanical equipment shall be installed or used except such that is normally used for domestic or professional purposes and which does not cause noises or other interference in , radio and television reception; (3) No accessory buildings or outside storage shall be used in connection with the home occupation; (4) Not over twenty-five (25) percent of the total floor area or five hundred (500) square feet, whichever is less, shall be used for a home occupation; (5) Only one employee may be employed by the home occupation who is not a resident of the dwelling. Note 8. Industries. The following industrial uses shall not be allowed: (1) The manufacturing, processing, fabrication, and/or bulk storage of acetylene gas (except for use on premises), ammunition, explosives, fireworks, gunpowder, jute, or matches; 64 ' (2) The manufacturing, processing, and/or fabrication of acids (except non -corrosive acids), ammonia, ammonium nitrate, animal byproducts, bleaching powder, cellulose, chlorine, ' creosote and creosote treatment, detergents, enamels, lacquers, linoleum, oilcloth, paints, paper pulp, pigments, lime, plastic, rubber (except tire recappers), soaps, tannery products, turpentine, varnishes, whiting and/or wood fillers, and environmentally hazardous material. The fabrication of plastics is exempt from this prohibition. Note 9. Jails. Jails shall not be site within two hundred (200) feet of any existing church, school, or day care facility. The jail shall be fenced and screened as provided in the case of salvage operations and ' junkyards except that this requirement may be modified or waived by the Land Use Administrator upon the showing by the operator that a modification or waiver is needed for security reasons. Note 10. Mobile VendingOperations. Mobile vending operations are allowed for period not to A g P 1 exceed fifteen (15) operating days in a four (4) month period, and shall require administrative application approval. Note 11. Recreational Vehicles. Recreational vehicles occupied for human habitation and intended for permanent residential use must be placed in an approved manufactured home or recreational vehicle park. ' However, temporary residential use may occur in cases where the recreational vehicle is secondary to a primary residential use, and when construction or repair of a single family home occurs. Two general restrictions for either temporary residential use shall apply, as well as specific restrictions and limitations for each. The general restrictions and limitations are as follows: (1) R-7, R-7MH, R 12, R 20, or O-I zoning is required; (2) Location of the recreational vehicle shall be in the rear yard, unless evidence can be provided to the Land ' Use Administrator that size constraints or other factors prevent rear yard location. The specific restrictions and limitations are as follows: (1) When secondary to a primary residential use, the period of human habitation shall not exceed 14 days, and may not be re-established for a period of 90 days from the last day terminated; (2) When construction or repair of a single family home occurs, the homeowner and his family ' may occupy a recreational vehicle for a period of 180 days. An extension to a maximum of 365 days may be granted by the Land Use Administrator upon presentation of evidence that construction cannot be completed within 180 days due to factors beyond their control. All recreational vehicles shall maintain an ' adequate disposal system and a source of potable water. Emptying of wastewater disposal systems shall be done in accordance with Section 4.1 of the Town of Burgaw Sewer Use Ordinance. 65 Note 12. Fence and Screen Required for Salvage Operations and f unhyards. The salvage operation and junkyard shall be entirely surrounded by a screened security fence, or by a nonscreened security fence, and vegetation screen. In the event that a salvage operation or junkyard shall be surrounded by a nonscreened security fence, a vegetation screen shall be planted on at least one side and contiguous to the security fence. The vegetation shall be of a type that will reach a minimum height of six (6) feet within five (5) years and shall be planted at intervals evenly spaced and in close proximity to each other so that a continuous, unbroken hedgerow will exist along the length of the security fence surrounding the salvage operation or junkyard. Each owner, operator, or maintainer of a salvage operation or junkyard to which this Ordinance applies and who chooses to surround said salvage operation or junkyard with a security fence and vegetation screen shall utilize good husbandry techniques with respect to said vegetation, including, but not limited to, proper pruning, proper fertilizer and mulching so that the vegetation will reach maturity as soon as possible and will have maximum density and foliage. Dead or diseased vegetation shall be replaced at the next appropriate planting time. The security fence shall be maintained in good order and shall not be allowed to deteriorate. All gates shall be closed and securely locked at all times, except during business hours. The Land Use Administrator or his authorized agents shall have discretion to determine whether screened fence or security fence and vegetation screen is in compliance with this section. The Land Use Administrator shall be available to assist an owner or operator, or maintainer of a salvage operation or junkyard, upon request of the said owner or operator, in the formulation of plans for said fencing and vegetation screen. All salvage operations existing at the time of adoption of this Ordinance must comply with the fencing and screening requirements within 24 months following the date of adoption of this Ordinance. Note 13. Shirting and Curtain Wall Requirements for Manufactured Homes. All single -wide manufactured homes to be placed within Burgaw's planning and zoning jurisdiction shall have skirting placed around the base prior to the issuance of a Certificate of Occupancy. Double -wide manufactured homes to be placed within Burgaw's planning and zoning jurisdiction shall have a curtain wall constructed around the base within 90 days from the date the home is placed on a lot. For both single- and double -wide manufactured homes, one row of ventilation ports, 8-inch by 16-inch, shall be provided every ten feet, and one access opening with a door that is between 18 inches and 42 inches in height and between 24 inches and 60 inches in width. All existing manufactured homes within Burgaw's planning and zoning jurisdiction prior to the effective date of this provision which have no skirting or curtain wall shall be required to have skirting installed within 18 months following adoption of this Ordinance. All existing manufactured homes within Burgaw's planning and zoning jurisdiction prior to the effective date of this provision having a continuous V uniform enclosure around the base which serves as skirting shall be considered nonconforming, and will be exempt from the specific requirements of this note. All skirting performed after the effective date of this amendment will be done in accordance with section 47.7 of the State of North Carolina Regulations for Manufactured/Mobile Homes 1995 edition (see Section 2-2 for definitions of skirting and curtain wall) . [See ' Section 5-91 ' Note 14. Electrical Service Requirements for Manufactured Homes. All manufactured homes to be placed within Burgaw's planning and zoning jurisdiction shall have electrical service within 90 days from the date the home is placed on a lot. Manufactured homes left on a lot longer than 90 days will be considered in storage, in violation of this Ordinance, and subject to Section 18-4 of this Ordinance. Note 15. The Standard Industrial Classification Codes indicated in Section 4-9 Table of Permitted Uses are for reference purposes only, and do not mean that all uses under a specified code heading as provided in the Standard Industrial Classification Manual are permitted or conditional uses in the applicable zone. 67 ARTICLE 5. SUPPLEMENTARY USE REGULATIONS PART I. RESIDENTIAL CLUSTER DEVELOPMENT Section 5-1: Purpose and Intent; Definition The purpose of residential cluster development is to provide an alternative development option that (A) Promote more efficient use of land resources than is otherwise possible under conventional zoning and subdivision regulations. (B) Reduce the per unit site development costs of dwellings by concentrating residential units on a portion of the site without increasing the overall net density above that which would normally be allowed pursuant to Section 14-8, Table of Area, Yard, and Height Requirements. (C) Preserve the natural character of the site. (D) Preserve farmland and scenic views. (E) Provide for desirable and usable open space, tree cover, and the preservation of environmentally sensitive areas. (F) Provide variety in residential buildings and properties and provide design flexibility that can relate the location of units to unique site conditions. For the purposes of this section, a residential cluster development is defined as: (A) A development design wherein conventional zoning standards are relaxed to permit modifications in lot area, lot width, lot frontage, lot coverage, required yards, and public street access, and to save infrastructure development cost, environmental damage, energy use and land resources by concentrating dwellings in specific areas of the site without increasing the net density above that which would normally be allowed pursuant to Section 14-8, Table of Area, Yard, and Height Requirements. (B) Such development shall contain detached single-family dwellings only; and W (C) Such development shall provide a program for the provision, operation and maintenance of such areas, facilities and improvements as shall be required for the perpetual common use by the occupants of the development. Section 5-2: Area; Permitted Districts, Exemption; Street Access; Open Space(s); Density, Dimensional Standards Residential cluster developments shall contain not less than ten (10) net acres. For purposes of this section "net acres" shall be the total area of all lots and common area(s) exclusive of public street rights -of -way or private street easements. Addition to any existing residential cluster development may be allowed provided such addition meets or exceeds all other applicable requirements. Subject to the paragraph above, a residential cluster development may as an option be allowed within any R 20, R-12, R-7 and PUD zoning district. Such development shall be exempt from the conventional zoning standards relative to lot area, lot width, lot frontage, lot coverage, required yards and public street access normally applicable to such districts, provided such development complies with the minimum standards set forth under this section. Dwelling units within a residential cluster development may be constructed on lots fronting private streets. A residential cluster development shall provide open space(s) subject to all the following requirements: (A) Such open space shall be greater or equal in area to the total amount of area by which each lot was reduced below the minimum lot size requirement of the prevailing zoning district, or as provided under subsection (B), below, whichever is greater; (B) Residential cluster developments shall reserve not less than fifteen (15) percent of the gross acreage as common open space; (C) Such area shall not be used as a building site. For purposes of this section, picnic areas or shelters, ball fields, walking or jogging trails, boat ramps and docks or other similar recreational facilities may be allowed; (D) Such area shall not be devoted to any public street right-of-way or private street easement, private driveway or parking area; •E (E) Such area shall be left in its natural or undisturbed state if wooded at the time of development, except for the cutting of trails for walking or jogging or, if not wooded at the ttime of development, is improved for the uses listed under subsection (C) above, or is properly vegetated and landscaped with the objectives of creating a wooded area or other area ' that is consistent with the objective set forth in subsection (F) below; (F) Such area shall be capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation or for horticulture if not devoted to other allowable uses in this subsection; (G) Such area shall be legally and practically accessible to the residents of the development, or ' to the public if so dedicated; ' (H) A minimum of one-half (1/2) of the required open space shall be contained in one (1) continuous undivided part; ' (I) Not more than twenty-five (25) percent of the required open space shall lie within any floodway zone; U) Not more than twenty-five (25) percent of the required open space may be devoted to allowable improvements as set forth in subsection (C) above; (I) Such area shall be perpetually owned and maintained for the purposes of this article by a ' homeowners association or, at the option of the town, dedicated or deeded to the public. ' Q The location and arrangement of any open space(s) shall be subject to Planning Board approval; ' (M) The owner shall, pursuant to the subdivision regulations, cause a final subdivision plat to be recorded in the Pender County Register of Deeds which clearly describes the open space(s), required deed restrictions, and conditions thereof, prior to the issuance of any building permit(s). ' Section 5-3: Maximum Density Requirements ' (A) Residential density shall not exceed that which would normally be permitted under single- family standards within the prevailing zoning district on a net area basis. 70 (B) Public street rights -of -way and private street easements shall not be included or count towards the total net area for purposes of calculating allowable density. (C) Area dedicated or deeded to the town pursuant to the sections above shall count towards net area for purposes of density calculation. Section 5-4: Minimum Dimensional Standards (A) Lot area. Not less than sixty (60) percent of the minimum lot area which would normally be required under the single-family standards of the prevailing zoning district. (B) Lot width. Forty (40) feet. (C) Lot frontage. Forty (40) feet, except on the radius of a cul-de-sac where such distance may be reduced to twenty (20) feet. (D) Public or private street setback. No principal or accessory structure shall be closer than fifteen (15) feet to a public street right-of-way or private street easement or as further provided herein. (E) Side yard setback. Shall be subject to Section 5-5 (zero lot line) or not less than twelve (12) feet, provided however, that no structure shall be located on more than one (1) side lot line. Dwellings which do not utilize the provisions of Section 5-5 (zero lot line) and are not located adjacent to a lot line section subject to Section 5-5 shall maintain a minimum side setback of not less than six (6) feet. (F) Rear yard setback. Shall be subject to Section 5-5 (zero lot line) or not less than twelve , (12) feet. (G) Building separations. No portion of any principal structure shall be located less than twelve (12) feet from any other principal structure or less than ten (10) feet from any accessory structure as measured to the closest point. 71 1 (H) Perinhery boundary setback. Except as further provided no principal or accessory structure shall be located less than twenty-five (25) feet from the peripheral boundaries of the Aresidential cluster development. (1) Transition area setback. Where a residential cluster development adjoins or borders an existing single-family zoning district or other predominantly single-family development sharing common frontage on the same or opposite side of a public or private street, the minimum right-of-way and/or easement setback requirement of said single-family zone or development shall be utilized for the entire opposite frontage and three hundred (300) feet from such common border. ' For purposes of this subsection, "other predominantly single-family development" shall be that area within one hundred 0 00) feet of the external boundary of the residential cluster 1 development in which fifty (50) percent or more of the conforming land uses are detached single-family residential. (J) Maximum height. Thirty-five (35) feet. (K) Detached accessory structure requirements. (1) Shall not be located within any front yard setback; (2) Shall not be located within ten 0 0) feet of any other principal structure or within five (5) feet of any other accessory structure; (3) Shall not cover more than twenty (20) percent of any side or rear yard; and (4) The side or rear yard requirement for detached accessory structures shall be subject to the provisions of Section 5-5 (zero lot line) or not less than five (5) feet. Section 5-5: Zero (0) Side and/or Rear Yard Setbacks A zero (0) side and/or rear yard setback as permitted herein, may be permitted, subject to the following provisions: (A) Any wall, constructed on the side or rear lot line shall be a solid doorless and windowless wall. Such wall shall contain no electrical, mechanical, heating, air conditioning, or other fixtures that project beyond such wall. If there is an offset of the wall from the lot line, such offset shall be subject to the applicable provisions of Section 5-4 (E) and (F). Roof eaves may encroach two (2) feet into the adjoining lot; 72 (B) A five (5) foot maintenance and access easement with a maximum cave encroachment ' easement of two (2) feet within the maintenance easement shall be established on the adjoining lot and shall assure ready access to the lot line wall at reasonable periods of the day for normal maintenance; (C) Where zero (0) side or rear yard setbacks are proposed, the buildable area for each lot shall be indicated on the preliminary and final subdivision plat. Section 5-6: Private Streets Private streets may be allowed pursuant to the subdivision regulations. Section 5-7: Compliance with Subdivision Standards All development regulated in accordance with this article shall be subject to the requirements, conditions, and restrictions of the subdivision regulations. PART II. PLANNED BUILDING GROUP REGULATIONS .Planned building groups (inclusive of manufactured home parks) must be approved by the Burgaw Planning Board unless otherwise specified. Planned building groups (inclusive of manufactured home parks) shall be submitted to the Land Use Administrator at least twenty-one (21) days prior to the regular Planning Board meeting at which it is to be reviewed. Section 5-8: Planned Building Group Regulations for Apartments and Condominiums (A) Minimum Lot Area. As required by the zoning district in which the Planned Building Group is located, see Table of Yard, Area, and Height Regulations. (B) Parking. As specified in Article 6 of this Ordinance. (C) Recreation Area. Play areas shall be provided for all apartments and condominium planned building groups with over five (5) dwelling units. A minimum play area of two thousand (2,000) square feet, having a minimum width of forty (40) feet or a minimum radius of twenty-six (26) feet shall be provided for the first six (6) to twenty-five (25) dwelling units. For each dwelling unit over twenty-five (25) in number, an additional fifty-six (56) feet per dwelling unit shall be provided. The spatial distribution and number of individual play areas 73 within the planned building group shall be determined by the Planning Board on the basis of the spatial arrangement of the dwelling units, topography, and other physical features. Swimming pools and their accessory areas shall not constitute any part of the open space requirements. No part of the required play area shall be used for any other purpose. All recreation areas shall be enclosed with permanent fencing at least five (5) feet in height. (D) Timing. Proposed schedule of development including stages likely to be followed. (E) Other Details. (1) Proposed provision for storm drainage (including retention pond facilities, when applicable) and sanitary sewerage, approved by the Land Use Administrator. (2) Size and proposed location of any signs. (3) Proposed solid waste storage facilities. (4) Proposed water system and fire fighting facilities such as hydrants and sprinkler connections. (5) Types of surfacing, slope, grade, and cross section of drives, sidewalks, malls, etc. (6) The location and heights of all fences, walls, and hedges shall be shown. (7) Profiles of publicly maintained water and sewer lines. (8) Profiles, cross -sections, and slopes of on -site and off -site ditches carrying water runoff. (9) Erosion and sedimentation control plan. (10) Lighting plan inclusive of wattage and illumination. 0 1) Installation of curb and gutter may be required by the Planning Board. (12) Depict traffic control devices. (13) All plans and construction details must meet the current specifications of the Town of Burgaw. (14) Location and amount of recreation area. (F) Placement of Buildinjzs. (1) There shall be maintained at least twenty (20) linear feet of open space between individual and unattached buildings in a residential planned building group. (2) Any group of buildings forming a courtyard shall have at least twenty-five (25) percent of the perimeter of such courtyard open for access by emergency vehicles. 74 (3) Where the length of a street exceeds two hundred (200) feet and where there exists 1 six (6) or more dwelling units, an area must be provided for the turnaround of fire- fighting vehicles on a paved or graveled surface. This area shall not be used for parking and shall subscribe a circular area having a radius of thirty-five (35) feet or shall have a configuration which provides comparable turnaround space. (4) All fire hydrants, whenever possible, should be located adjacent to the paved roadways suitable for transporting fire -fighting vehicles. Where possible, such hydrants shall be located at least fifty (50) feet from any building. Hydrants shall be located at entrance and exit ways, and additional hydrants shall be located so that each building and portion thereof will be within three hundred fifty (350) feet of a hydrant. If buildings have standpipes and sprinkler systems, one (1) hydrant shall be located within seventy-five (75) feet of each standpipe and sprinkler connection system. All hydrants must be served by a water main of sufficient size. In no case shall the minimum size main be less than six (6) inches in diameter. Section 5-9: Manufactured Home Park Regulations (A) Compliance. All manufactured home parks existing on the effective date of this Ordinance are required to comply with all applicable procedures and requirements of this Ordinance. Any manufacture home park failing to comply with the applicable provisions of this Ordinance is hereby declared to be a nonconforming use of land. All manufactured home parks shall continuously comply with the general requirements of this Ordinance. Failure to meet continuously each of the general requirements shall be grounds for revocation of the certificate of occupancy/compliance. No person shall begin construction of a manufactured home park or make any addition to a manufactured home park that either alters the number of sites for manufactured homes within the park or affects the facilities required therein until he first secures a permit authorizing such construction or addition. The construction or addition shall be in accordance with plan and specification submitted with the application with the Burgaw Planning Board. The application will be reviewed by the Burgaw Planning Board, the Land Use Administrator, the Building and Electrical Inspectors, and the Pender County Health Department. All applications for a manufactured home construction permit will be accompanied by six (6) prints. 75 (B) Contents of the Preliminary Plan. The preliminary plan shall be drawn at a scale not more than one hundred (100) feet to the inch and shall show the following on one (1) or more sheets: (1) Title information shall include: name of park, name of developer, scale, and date. (2) Small scale location diagram showing all roads in the vicinity and the relationship of the site to major roads. (3) Dimensions and bearings of exterior property lines. (4) Topography information as deemed necessary by inspectors. (5) Location of the "A" flood zone as defined by Corps of Engineers. (6) Roads in vicinity (access roads and adjacent roads). (7) Manufactured homes spaces well defined. (8) Surface water drainage plans. (9) All structures in the park site (present or proposed). (10) Recreation areas. 0 1) Method of surfacing roads within the park. (12) Location and intensity of area lights, riser diagrams, and typical connections to manufactured homes, or a statement indicating that the power companies will be responsible for design and installation of the electric system. (13) Source of water and water distribution system. If water source is a well, it shall meet the appropriate county and/or state agencies. (14) Sanitary sewerage. If a private sewerage collection and disposal system is used, plans and specifications approved by appropriate County and/or State Agencies. (15) Proposed provisions for storm drainage (including retention pond facilities, when applicable), approved by the Land Use Administrator. (C) Review of Preliminary Plans. After preliminary plans for a manufactured home have been properly submitted to the Burgaw Planning Board, the following county agencies shall be responsible for reviewing the proposed plans. (1) Planning Board. The Burgaw Planning Board shall review the plans for manufactured home parks. This agency shall be responsible for the review of the following to determine if the proposed design is in accordance with the specifications of this information. (a) Title information; (b) Small scale location map (vicinity map); W (c) Dimensions and bearing of exterior property lines; (d) Roads in the vicinity; (e) Recreation areas; (0 Method of surfacing roads within the park; (g) Street and lot design; (h) Surface water drainage. (2) Pender County Health Department. When septic tank or individual wells are required, the Health Department permit shall be submitted with the application for approval of a Manufactured Home Park. The Health Department shall be responsible for the review of the following to determine if they are in accordance with the minimum health standards and regulations. (a) Source of water and water distribution system; (b) Sanitary sewerage system; and (c) Adequate lot size. (3) Land Use Administrator. The Land Use Administrator shall review the plans for manufactured home parks to determine if the plans comply with the requirements of this Ordinance. (4) Building Inspector. The Building Inspector shall review the plans for manufactured home parks to determine if the proposed electrical system is in accordance with state electrical codes and to determine that any proposed buildings comply with the State Building Code. (5) Should any agency find deficiencies in the review of the plans of a proposed manufactured home park, that agency shall notify the developer of the park to correct such deficiencies. Each agency shall notify the Planning Department after approving the plans of a proposed park. The Planning Department, after receiving notification of approval from all agencies involved in the review of a proposed manufactured home park, shall notify the developer of the proposed park that preliminary approval has been granted for the construction of the park. 77 (D) Issuance of Construction Permit and Certificate of Compliance. (1) After approval of the preliminary plans for a manufactured home park by the town and county agencies concerned, the Enforcement Officer is authorized to issue a construction permit. The intent of this permit is to enable the execution of the plan in the field and shall not be construed to entitle the recipient to offer spaces for rent or lease or to operate a park as defined in this Ordinance. (2) During this phase, all field work shall be in accordance with the approved plans. It shall be the responsibility of the developer to inform the various county agencies as to the progress of field work so that timely inspections may be made. (3) The Land Use Administrator is authorized to issue a Certificate of Compliance after the installation of the number of spaces the developer wishes to initially install. In no case shall the Certificate of Compliance be issued for less than the minimum spaces required by this Ordinance. The Certificate of Compliance will be issued only after the Enforcement Officer is satisfied that all work has been executed as outlined in that section of the approved plans and in accord with the intent and spirit of this Ordinance. Should additional spaces be added to a park that has preliminary plans approved, a Certificate of Compliance for the additional spaces will be necessary before such spaces are offered for rent or lease. (4) Upon receipt of the Certificate of Compliance, the permittee is duly authorized to operate and maintain his park in any way that is not contrary to the provisions of the permit. However, should the Enforcement Officer find at any time subsequent to the issuance of the permit that the park is operating in violation of the terms of this Ordinance or of special conditions set forth in the permit, the Enforcement Officer shall revoke the Certificate of Compliance and further operations of the park without a Certificate of Compliance shall be cause for legal action. (E) Manufactured Home Park Site Development. (1) If wells or septic tanks are required, the amount of land for each manufactured home space shall be determined by the Pender County Health Department after an investigation of soil conditions, the proposed method of sewerage disposal, and proposed water system. However, in no case shall the size of a manufactured home space be less than eight thousand five hundred (8,500) square feet. All r: manufactured home parks shall be located on an undivided tract of land not less than three (3) acres in size. (2) Parking space sufficient to accommodate at least two (2) automobiles shall be located on each manufactured home space. (3) The manufactured home park shall be located on ground that is not susceptible to flooding. The park shall be graded so as to prevent any water from ponding or accumulating on the premises. All ditch banks shall be sloped and seeded. (4) There shall be at least twenty (20) feet clearance between manufactured homes including manufactured homes parked end to end. No manufactured home shall be located closer than twenty (20) feet of any exterior boundary line of the park, no closer than fifteen (15) feet to the edge of any interior street right-of-way, or closer than ten (10) feet to any manufactured home space (lot) boundary line. (5) The manufactured home park shall have a buffer which complies with Article 10 of this Ordinance. (6) Existing manufactured home parks which provide manufactured home spaces having a width or area less than that described above may continue to operate with spaces of existing width and area, but in no event shall any such nonconforming manufactured home park be allowed to expand unless such extension meets the requirements of this Ordinance. (7) Each manufactured home space shall be graded and graded areas grassed to prevent erosion and provide adequate storm drainage (including retention pond facilities, when applicable) away from the manufactured home. (8) Interior Drives. All manufactured home spaces shall abut upon an interior drive of no less than thirty-six (36) feet in right-of-way, which shall have unobstructed access to a public street or highway, it being the intent of this section that manufactured home spaces shall not have unobstructed access to public streets or highways except through said interior drive. All interior drives shall be graded to their full right-of- way and shall have a road of at least twenty (20) feet in width. Minimum improvements shall be a compacted base of four (4) inches of #7 ABC stone. (F) Roads shall be maintained with passable surface. Graded and stabilized road shoulders and ditches shall be provided. (9) Cul-de-sacs. Any interior drive designed to be closed shall have a turnaround at the closed end with a minimum right-of-way diameter of one hundred (100) feet. The entire right-of-way of such turnaround shall be graded and usable for the turning of motor vehicles. (10) Intersections. Drives shall intersect as nearly as possible at right angles, and no drive shall intersect at less than seventy-five (75) degrees. Where a drive intersects a highway, the design standards of the North Carolina Department of Transportation shall apply. (11) Spaces Numbered. Each manufactured home space shall be identified by a permanent number which shall not be changed. The appropriate number of each manufactured home space must be permanent and visibly displayed. Each number shall be placed on a concrete, wood, metal, or any permanent post and conspicuously located on the lot. (12) Signs for Identification of Parks. Permanent identification sign(s) shall be required for every manufactured home park. The size of the signs shall be as follows: Not more than two (2) signs with a total maximum area of 48 square feet and a total minimum area of 12 square feet. Signs must be located on the park property within 50 feet of the entrance and at least 10 feet off the front property line. Signs must be located a minimum of five (5) feet from any side property lines. Only indirect non - flashing lighting may be used for illumination, and the sign must be constructed in such a manner as to prevent a direct view of the light source from any public road right-of-way. Sanitary Facilities, Water Supply. Sewerage, Electricity, Lighting, and Refuse Collection Facilities. (1) Each manufactured home space shall be equipped with plumbing and electrical connections and shall be provided with electrical current in sufficient amount to safely meet the maximum anticipated requirements of a manufactured home. (G) (2) Water, sewerage, and electricity. Each manufactured home space shall be provided with and shall be connected to sanitary sewerage and water supply systems. Wells and septic tanks shall be approved by the Pender County Health Department. (3) LiAtin . All electrical wiring shall be installed in accordance with the National Electrical Code and shall be approved only by the electrical inspector. Distribution lines shall be installed underground. Underground lines shall be placed at least eighteen (18) inches below the ground surface where possible and at least one foot radial distance from water, sewer, gas, or communications lines. Electrical systems of manufactured home developments shall be calculated on the basis of at least 100 amps (at 120/140 volts) for each manufactured home. The point of electrical connection for a manufactured home shall be within an area of the manufactured home stand and approximately forty (40) feet from the front of the manufactured home and approximately four feet from either side of the manufactured home. Where other utilities and fixtures prevent the location of electrical connections forty (40) feet from the front of a manufactured home, electrical connections shall be made with due regard to uniformity, safety, and convenience equate exterior lighting shall be provided for all streets, walkways, buildings, and other facilities subject to nighttime use. The average illumination level in manufactured home parks shall be at least three tenths (0.3) footcandle, and a minimum level of one tenth (0.0 footcandle shall be maintained on all streets. Potentially hazardous locations such as street intersections and walkways shall be individually illuminated with a minimum level of six tenths (0.6) footcandle. (4) Refuse collection facilities. The park owner is responsible for seeing to refuse collection. All refuse shall be collected at least once/week or more if the need is indicated. When manufactured home parks are located in the Town of Burgaw, the applicable sanitation regulations shall be complied with. Manufactured Home Stands and Anchors. (1) The area of the manufactured home stand shall be improved to provide an adequate foundation for the placement and anchoring of the manufactured home, thereby securing the structure against uplift, sliding, rotation, and/or overturning. (2) Each manufactured home owner shall provide anchorage in accordance with the State of North Carolina Regulations for Manufactured Homes. (3) Any manufactured home placed in a manufactured home park after adoption of this Ordinance shall have skirting (see Section 4-10, Note 13). (H) Service, Administration, and Other Buildings. (1) Within a manufactured home park, one manufactured home may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities or any other such facilities shall comply with all applicable ordinances, codes, and statutes regarding buildings, electrical installations, plumbing, and sanitation systems. (2) All service buildings, commercial structures, and the grounds of the park shall be maintained in a clean condition and kept free from any condition that will menace the health of any occupant or the public or constitute a nuisance. (I) Structural Additions. All structural additions to manufactured homes other than those which are built into the unit and designed to fold out or extend from it shall be erected only after a building permit shall have been obtained, and such additions shall conform to the building code of the state, where applicable, and shall meet the standards of special regulations adopted with respect to such additions. The building permit shall specify whether such structural additions may remain permanently, must be removed when the manufactured home is removed, or must be removed within a specified length of time after the manufactured home is removed. Structural alterations existing at the time of passage of this Ordinance shall be removed within thirty (30) days after the manufactured home which they serve is moved unless attached to another manufactured home on the same site within that period. U) Storage. Storage of a manufactured home or recreational vehicle is prohibited. (I) Management. In each manufactured home park, the permittee or duly authorized attendant or caretaker shall be in charge at all times to keep the manufactured home park, its facilities and equipment in a clean, orderly, safe, and sanitary condition. (L) Manufactured Home Park. It shall be the duty of the operator of a manufactured home park to keep an accurate register containing a record of all registered occupants. The operator shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. (M) Sales in Manufactured Home Parks. (1) It shall be unlawful to sell on a commercial basis manufactured homes or trailers within manufactured home parks. (2) It shall be unlawful to sell a manufactured home space(s) within the manufactured home parks. (3) It shall be unlawful to operate any business within a manufactured home park. Section 5-10: Business Planned Building Group Regulations (A) Construction or Exnansion in 13-1 Districts Only. The following planned building group regulations shall apply to all new construction or expansion of existing buildings in 13-1 zoned property. These requirements shall be in effect for both the development of individual buildings and parcels and two (2) or more buildings on a single parcel. Parkin. As specified in Article 6 of this Ordinance. Loading. As specified in Article 6 of this Ordinance. Screening and fencing. A screen not less than six (6) feet high of dense plant material and/or fence where a lot abuts a residentially zoned lot. Plans are required and must show. Structures. Location and approximate size of all structures. Circulation. Proposed points of access and egress and proposed pattern of internal automobile and pedestrian circulation. Curb cuts at a maximum combined width of twenty- five (25) feet shall be allowed for each eighty (80) feet of lot frontage or portion thereof. The locations of all points of ingress and egress shall be approved by the Town of Burgaw Planning Board. Sims. The applicable zone sign regulations shall apply to this planned building group requirement. Other site elan requirements. (1) Size and location of all signs. (2) Size and location of all fences, walls, and hedges. (3) Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Land Use Administrator. (4) Proposed solid waste storage facilities. (5) Lighting plan, inclusive of wattage and illumination. (6) Installation of curb and gutter shall be mandatory. (7) Depict traffic control devices. (8) Parking area shall have a stabilized surface with parking space and traffic lanes clearly marked. (B) Construction of a Building Greater than 7,000 Square Feet in O-I. B-1, B-2 and B-3 Districts. The following planned building group regulations shall apply in the development of O-I, 13-1, B-2, and B-3 districts involving the construction of a building greater than seven thousand (7,000) square feet or projects involving the construction of more than one (1) building, structure or combination thereof shall also comply with the following regulations: Parking and Loading: Four (4) parking spaces per one thousand (1000) square feet of leasable building area for planned building groups having a leasable building area of 400,000 square feet or less; four and one-half (4-1/2) parking spaces per one thousand (1000) square feet of leasable building area for planned building groups having a leasable building area from 400,001 to 600,000 square feet; and five (5) parking spaces per one thousand (1000) square feet of leasable building area for planned building groups having a leasable building area over 600,000 square feet. ' One loading bay for up to twenty thousand (20,000) square feet of leasable building area; one loading bay for each thirty thousand (30,000) square feet over twenty thousand ' (20,000) square feet, up to one hundred ten thousand 010,000) square feet; one loading bay for each fifty thousand (50,000) square feet over one hundred ten thousand 010,000) square feet. 84 Warehouse and office -institutional planned building groups shall adhere to the respective parking ratios as listed in Article 6 of this Ordinance. Screening and Fencing: A screen not less than six (6) feet high of dense plant material and/or fence where the lot abuts a residential lot. Lots Fronting on a Public Street: The Planning Board may approve plans with lots within the interior of a business planned building group project provided that the Board finds that adequate access is assured by the design of the planned building group. Minimum Yard Requirements: The Planning Board may approve plans which do not provide minimum yards along interior lot lines within a business planned building group project. All exterior lot lines located along the perimeter of the business planned building group shall satisfy the standards listed within Section 14-8, entitled "Table of Area, Yard, and Height Requirements." Plans are required and must show: Structures: Location and approximate size of all existing and proposed structures within the site, and all buildings and structures within five hundred (500) feet, in addition to public or private easements or rights -of -way adjoining or intersecting such property. Circulation: Proposed points of access and egress and proposed pattern of internal automobile and pedestrian circulation. Parking and Loading: Location and extent of proposed parking and loading areas. Timing: Proposed schedule of development, including stages likely to be followed. Other Details: (1) Proposed provision for storm drainage (including retention pond facilities, when applicable) and sanitary sewerage, approved by the Land Use Administrator. (2) Size and proposed location of any signs. (3) Proposed solid waste storage facilities. 85 (4) Proposed water system. Hydrants shall be located within three hundred (300) feet of any building or portion thereof. Where possible, such hydrants shall be located at least fifty (50) feet from any building. If buildings have standpipes and sprinkler systems, one (1) hydrant shall be located within seventy-five (75) feet of each standpipe and sprinkler system connection. (5) Types of surfacing, slope, grade and cross-section of driveways, sidewalks, malls, etc. (6) The location and heights of all fences, walls, and hedges shall be shown. (7) Profiles of publicly maintained water and sewer lines. (8) Profiles, cross -sections and slopes of on -site and off -site ditches carrying water runoff. (9) Erosion and sedimentation control plan. (10) Lighting plan, inclusive of wattage and illumination. 01) Installation of curb and gutter shall be mandatory. (12) Depict traffic control devices. (13) All plans and construction details must meet the current specifications of the Town of Burgaw. Other Requirements: (1) Points of access and egress shall consist of driveways or roadways at least twenty (20) feet in width and shall be set back a sufficient distance from highway intersections to minimize traffic hazards, inconvenience, and congestion. (2) Parking areas shall have a stabilized surface with parking spaces and traffic lanes clearly marked. Placement of Buildings: (1) Exterior walls of unattached buildings shall be located no closer than a distance equal to the height of the taller building. (2) Any courtyard created by the placement of the buildings shall have at least twenty- five (25) percent of its perimeter open for access by emergency vehicles. PART III. PLANNED UNIT DEVELOPMENT (PUD) Section 5-11: Minimum Size Twenty-five (25) acres. Section 5-12: Maximum Overall Density Six (6) dwelling units per acre. Section 5-13: Open Space Requirement Fifteen (15) percent of the total PUD area shall be maintained as open space. Street rights -of -way, parking lots, building areas (as defined), and yards held in individual ownership shall not constitute any part of the required open space; however, building areas for recreational facilities may be computed as open space. At least 92% of all approved open space shall be commonly owned by a homeowners' or property owners' association. Eight percent (80/6) of the open space area may be privately -owned open space. Any open space land use not included under approval of the PUD Land Use Plan must be reviewed by the Planning Board and approved by the Town of Burgaw Board of Commissioners prior to its development. Areas to be used as open space must be protected through a deed restriction and noted on the final plat. Section 5-14: Residential Development The applicable area, yard, and height requirements as contained in Section 1-8 of this Ordinance shall be adhered to. The applicable yard setback requirements for single-family structures shall be based upon the square footage of the lot. All multi -family developments shall adhere to the applicable development regulations contained herein. Section 5-15: Commercial Development Commercial land use will be developed as a planned building group under the regulations of the B-2 zone. No commercial construction may be commenced until at least fifty (50) percent of the proposed dwelling units within the PUD or one hundred (100) dwelling units, whichever is smaller, are completed and ready for occupancy. ISection 5-16: Industrial Development Industrial development shall not be allowed within the PUD zone. 1 Section 5-17: Procedure ' (A) Application for Zoning Man Amendment. A petition for a zoning map amendment to establish a planned unit development district (PUD) shall be submitted to the Planning Board and Board of Commissioners and administered in accordance with the provisions of ' the Zoning Ordinance for amendments as defined by Article 13 of this Ordinance. ' (1) Criteria. In addition to other considerations, the following may be utilized by the Planning Board and Board of Commissioners in evaluation of a rezoning petition to establish a planned unit development zoning district: (a) That the total development can create a needed residential environment; ' (b) That existing or proposed utility and other public services are adequate for the anticipated population densities; and (c) That the planned unit development is in general conformity with the town's comprehensive Land Use Plan. (2) Zonin z Man Designation.. Following Board of Commissioners approval of a rezoning petition to establish a planned unit development district (PUD), the ' property for which approval was granted by the Ordinance shall be labeled "PUD" on the official zoning map of the Town of Burgaw. No permits for development ' shall be issued within any area designated as "PUD" unless the provisions as set forth herein are complied with. If a conditional use permit application is not filed with the Planning Board within twelve (12) months of such amendment, the Board of Commissioners shall reserve the right to rezone the property to the original zoning classification. (B) Application for Conditional Use Permit. An application for a conditional use permit to develop a specific planned unit development shall only be considered when the property is zoned planned unit development district (PUD). Application shall be submitted in accordance with Article 14, Part II. 1 88 (1) Criteria. In addition to other considerations, the following may be utilized by the Planning Board in evaluation of a conditional use permit pursuant to G.S. 160A- 338(a): (a) That the proposed population densities, land uses, and other special characteristics of development can exist in harmony with adjacent areas; (b) That the adjacent areas can be developed in compatibility with the proposed planned unit development; and (c) That the proposed planned unit development will not adversely affect traffic patterns and flow in adjacent areas. (C) Site Plan. All applications for approval of a planned unit development conditional use permit shall be accompanied by a Land Use Plan prepared by a registered engineer or surveyor, submitted in accordance with the Town of Burgaw Subdivision Regulations for preliminary plats and which shall include but not be limited to the following: (1) The numbers and types of residential dwelling units including density and the delineation of nonresidential areas; (2) Planned primary and secondary traffic circulation patterns showing proposed and existing rights -of -ways and easements; (3) Common open space and recreation areas to be developed or preserved in accordance with this section. Peripheral boundary setback shall be indicated; (4) Plans for water, sanitary sewer, storm sewer, natural gas, and electric utilities; (5) The delineation of areas to be constructed in sections, showing acreage; (6) Soil maps prepared according to the United States cooperative soil survey standards as published in the Pender County Soil Survey; (7) Boundary survey of the tract showing courses and distances and total acreage, including zoning, land use, and lot lines of all contiguous property; (8) Existing vegetation; (D) (9) Flood hazard areas including base flood elevation; (10) Topographic contours at a maximum of two -foot intervals showing existing grades; (11) Site data including vicinity sketch, north arrow, engineering scale ratio, title of development, date of plan, name and address of owner/developer and person or firm preparing the plan; (12) Any other information as may be required by the Planning Board. (13) Copies of or statements addressing the following: (a) Drafts of or statements addressing any declarations of covenants, conditions, or restrictions which create a homeowners' association for the perpetual ownership and maintenance of all common open space and other areas including, but not limited to, recreation areas, private streets, parking areas, landscaping, and the like. A private facilities maintenance analysis to determine actual costs of maintenance of such common facilities may be required by the Planning Board in order to assess the feasibility of such private maintenance; (b) Drafts of or statements addressing any proposed declarations to be recorded pursuant to the North Carolina Condominium Act (G.S. Chapter 47C); (c) The names and current mailing addresses of all property owners who own property within one hundred (100) feet of the proposed development including tax map designation and parcel numbers as listed upon the tax records of Pender County at the time of submission of the conditional use permit application; and (d) The deed book and page number(s) showing fee simple title of all property within the planned unit development as listed in the Pender County Register of Deeds. Preliminary Plat - Site Plan Reouirements. After approval of the conditional use permit as set forth herein, the developer shall submit the following according to the approved schedule of development: (1) All information required by and in accordance with the Town of Burgaw Subdivision Ordinance for preliminary plats; (E) Final Plat Re4uirements. After approval of the preliminary plat as set forth herein, the developer shall submit the following according to the approved schedule of development: (1) All information required and in accordance with the Town of Burgaw Subdivision Ordinance for submission of the final plats; (2) The following additional information shall be required: (a) Maintenance agreements concerning all common areas, private streets, and utilities; and (b) All information as required and in accordance with G.S. Chapter 47C, North Carolina Condominium Act. Section 5-18: Homeowners' Association (A) No final plat shall be approved until all required legal instruments have been reviewed and approved by the town attorney as to legal form and effect. (B) If common open space is deeded to a homeowners' association, the owner or developer shall file a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following: (1) The homeowners' association must be set up before any property is sold in the development; (2) Membership must be mandatory and automatic when property is purchased in the development; (3) The open space requirement must be permanent, not just for a period of years; (4) The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets; (5) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property; Q u (6) The association must be able to adjust the assessment to meet changed needs; (7) Covenants for maintenance assessments shall run with the land; (8) Provision insuring that control of such association will gradually be vested in the homeowner's association; and (9) All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities. Section 5-19: Amendment to Site Plan Conditional Use Permit (A) Minor Changes. Amendment to the approved Land Use Plan that in the opinion of the Land Use Administrator do not substantially change the concept of the planned unit development as approved may be allowed. Such minor changes may include but not be limited to small site alterations such as realignment of streets and relocation of utility lines due to engineering necessity. The developer shall request such amendment in writing, clearly setting forth the reasons for such changes. If approved, the Land Use Plan shall be so amended prior to submission of any preliminary plat -site plan application involving or affecting such amendment. Appeal from the decision of the Land Use Administrator may be taken to the Board of Adjustment. (B) Maior Changes. Amendments to the approved Land Use Plan that in the opinion of the Land Use Administrator do in fact involve substantial changes and deviations from the concept of the planned unit development as approved shall require review pursuant to Article 13-7. Such major changes shall include, but not be limited to, increased density, land use, location of use, open space, recreation space, condition(s) of planning and zoning commission approval and street pattern. Appeal from the decision of the Land Use Administrator may be taken to the Board of Adjustment. (C) Authority. Minor changes may be approved administratively by the Land Use Administrator. Major changes shall require planning and zoning commission approval. (D) Variances. The Town of Burgaw Board of Adjustment shall not be authorized to grant or approve any variance from the minimum requirements as set forth in this section or condition as approved by the Planning Board. GA ARTICLE 6. OFF-STREET PARKING AND OFF-STREET LOADING ' REQUIREMENTS Section 6-1: Exemptions The off-street parking and loading requirements shall apply to all districts with the exception of the area shown on the Official Zoning Map of the Town of Burgaw as the Off -Street Parking and Off -Street Loading Exemption Area. Section 6-2: General ' (A) Off -Street Parking Requirements. There shall be provided at the time of the erection of any building, or at the time any principal building is enlarged or increased in capacity by adding ' dwelling units, guest rooms, seats, or floor area; or before conversion from one type of uses or occupancy to another, permanent off-street parking space in the amount specified by this Ordinance. Such parking space may be provided in a parking garage or properly graded ' open space. No off-street parking or loading shall be permitted in a required yard or open space, except in the case of a single or two (2) family dwelling. ' (B) Minimum Parking Requirement. Each application for a building permit shall include information as to the location and dimensions of off-street parking and loading space and the ' means of ingress and egress to such space. Required off-street parking area for three (3) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, ' and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another. This information shall be in sufficient detail to enable the Building ' Inspector to determine whether or not the requirements of this Ordinance are met. Each automobile parking space shall have the following minimum dimensions: Angle (degrees) Stall Width (feet) Curb Length per Car (feet) Stall Depth (feet) 0 8 23 8 ' 20 8 23 1/2 14 30 8 16 16 1/2 45 8 11 1/3 19 1/6 60 8 9 1/3 20 1/2 70 8 8 1/2 20 5/6 ' 90 8 8 19 1 93 (C) Combination of Required Parking Soace. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use, except that one half (�/z) of the parking spaces required for churches, theater, or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays. (D) Remote Parking Soace. If the off-street parking space required by this Ordinance cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any land within four hundred (400) feet of the main entrance to such principal use. (E) Separation from Walkways, Sidewalks and Streets. All parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or other suitable protective device to prevent vehicles from intruding into these areas. Section 6-3: Minimum Parking Requirements The following off-street parking space shall be required and maintained: Agricultural - Livestock and Vegetative Art Gallery Assemblies (Assembly Hall, Armory, Stadium, Coliseum) Auction Sales Automatic Teller Machine Automobile Laundry/Car Wash, Full Service Automobile Laundry/Car Wash, Self Service Automobile Parts and Accessory Sales One (1) space per 400 square feet of gross floor area. One (1) space per each 300 square feet of gross floor area. One (1) parking space or each four (4) spectator seats (one seat is equal to two feet of bench length) One 0) space per two seats or two per 100 square feet of gross leasable area, whichever is greater. Two (2) spaces per machine. One (1) space for each two (2) employees on shift of greatest employment, plus one (1) space for the manager. Plus sufficient space for twelve (12) stacking/queuing spaces per day. Four (4) stacking spaces for each washing stall, plus two (2) drying spaces for each washing stall. One (1) space per each 400 square feet of leasable area, plus one space for each employee on the maximum work shift. Automobile Repair and/or Body Work One (1) space for each service bay. 94 Automobile Service Station Operations Bank Barbering and Hairdressing Services Bed and Breakfast Inn Bicycle Sales and Repair Bingo Parlor Books and Printed Matter, Distribution Bowling Alley Cemetery Churches Clinic Services, Medical and Dental Day Care Center Drug and Alcohol Treatment Center Dry Cleaning and Laundry Dwelling, Two-family and Multi -family (including ' manufactured homes) Eating and Drinking Facilities 95 1.5 spaces for each fuel nozzle. In addition, one (1) parking space shall be provided for each 50 square feet of usable floor area in the cashier's and office areas. In no instance shall such a facility provide less than three parking spaces. In no instance shall a required parking space or its maneuvering area conflict with vehicles being fueled or awaiting fuel. One (1) space per each 400 square feet of floor area up to 20,000 square feet, plus one for each 500 square feet of floor area in excess of 20,000 square feet. Two (2) parking spaces per beauty or barber chair. One (1) space for every rental room plus one space for every two (2) permanent occupants. Three (3) spaces per 1,000 square feet of gross floor area. One (1) space for three seats (based on design capacity) or one (1) per 100 square feet of total floor area, whichever is greater. 4.5 spaces for every 1,000 square feet of gross floor area. Three (3) spaces per alley plus requirements for any other use associated with the establishment such as restaurant, etc. One (1) space per full-time employee. One (1) parking space for each four (4) seats in the sanctuary. Four (4) parking spaces for each doctor plus one (1) parking space for each employee. One (1) space for each adult attendant and one (1) space for every six (6) children or fraction thereof One (1) space per two beds and one (1) space per staff member. One (1) space for each 200 square feet of gross floor area used by the general public. Two (2) parking spaces on the same lot for each dwelling unit. One (1) space for each four (4) seats. Eating and Drinking Facilities, Fast Food Thirteen (13) spaces per 1,000 square feet of gross floor area. Exterminating Services Three (3) spaces per 1,000 square feet of gross floor area. Funeral Homes One (1) parking space for each five (5) seats in the chapel or parlor, plus one (1) for each funeral vehicle. Golf Course Twenty-five (25) spaces per nine holes, plus one space per employee on shift of greatest employment. Health Club/Gymnasium One 0) space for each 100 square feet of gross floor area. Hospital or Sanitarium Care Two (2) spaces for each bed. Industries One (1) space for every 1.5 employees during maximum employment, and one (1) space for every truck to be stored or stopped simultaneously Kennel Operations, Care One (1) space per 400 square feet, but no fewer than four spaces. Motel, Hotel, or Motor Court Operations One (1) space for every rental room plus one space for every two (2) permanent occupants. Nursery Operations (Plant) One (1) space per 1,000 square feet of total sales area. Nursing Home/Assisted Living One (1) space per three residents, plus one additional space for each employee. Offices, General or Professional One (1) parking space for each three hundred (300) square feet of gross floor area. Post Office One (1) space for each 400 square feet of gross floor area, plus one space per each two (2) employees on the shift of greatest employment. Recreation Center One (1) space for every 100 square feet of floor area. Retail Use Not Otherwise Listed One (1) parking space for each three hundred (300) square feet of gross floor area. Schools, Elementary and Junior High One (1) parking space for each classroom and administrative office, plus one (1) additional parking space for each 100 students. Schools, Senior High One (1) parking space for each ten (10) students for which the building was designed plus one (1) parking space for each classroom and administrative office. Storage, Self -Service One (1) space for each 225 square feet of gross floor area, plus one (1) space for each employee. a k Swimming Pool Telecommunication Towers Theater Productions, Indoor Theater Productions, Outdoor ' Travel Agency Veterinarian I I Wholesale establishments, warehouses, and other businesses not catering to retail or package trade Two (2) spaces for every 100 square feet of water area. Four (4) spaces per 1,000 square feet. One (1) space for each four (4) seats in the largest assembly area. One (1) space for each 45 square feet of assembly or floor area. Four (4) spaces per 1,000 square feet. One (1) space per 500 square feet. One (1) space for every 1,000 square feet of gross floor area. Special situations which are not covered by the above shall be handled by the Board of Adjustment. The Board of Adjustment shall make the final determination as to the number of spaces to be required, but shall in all cases give due consideration to the needs therefor. Section 6-4: Driveways (A) General. After the date of passage of this section, only driveways designed, approved, constructed, and surfaced in accordance with the provisions herein shall be allowed to provide motor vehicle access to or from any property upon which a building has been constructed, reconstructed, or physically altered. All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g., concrete pavers, brick, "turfstone" or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete. Before a building permit is issued for the construction, reconstruction, or change in use of any building or land used for purposes other than a single or two-family residence, all driveways shall be reviewed and approved by the Land Use Administrator. Private driveways serving single-family and two-family dwellings shall not be regulated by the provision of this Ordinance. "Construction, reconstruction, or change in use" refers to those improvements made to the site involving overall structure size or to changes in use which would require the addition of one or more parking spaces under the provision of Article 6, Off -Street Parking and Off -Street Loading Requirements; it is not intended to refer to construction activities which merely involve changes to exterior architectural features (e.g., painting, addition of siding, roofing activities, etc.). 97 When the use of any driveway has been permanently discontinued, the property owner of that driveway shall, at his expense, replace all necessary curbs, gutters, aprons, sidewalks, and appurtenances thereto, within sixty (60) days of receipt of a written notice from the Land Use Administrator. No driveway shall conflict with any municipal facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire -alarm supports, meter boxes, and sewer clean -outs or other necessary structures, except with the express approval of the Director of Public Works. Any adjustments to municipal facilities to avoid such conflicts shall be at the expense of the driveway applicant. (B) Permit Requirements. A permit must be obtained from the Public Works Director prior to the removal, alteration, or construction of any curb, driveway, gutter, and/or pavement or prior to the performance of any other work in any public or private street. Conditions governing the issuance of such a permit are: (1) A continuing indemnity bond with sufficient surety acceptable to the town may be required of the party performing the work. All work must be done in conformity with the standards established herein. (2) The town shall be indemnified for any damages it might sustain as a result of the breach of condition above. The damages payable to the town shall be the amount required to make such improvement conform to town standards. Based on the Town of Burgaw Schedule of Fees, a fee shall be paid to the town at the time the application for a driveway permit is made. (C) Submission of Plans. Two (2) copies of plans showing the location and dimensions of all proposed improvements shall be filed with the Land Use Administrator for his approval prior to the issuance of a driveway permit for uses other than single or two-family residential. All design and construction of driveways shall conform to the requirements of the North Carolina Department of Transportation. (D) Driveway Location (s) (1) Two driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds 50 feet. (2) Three driveways entering the same street from a single lot shall be permitted only if the minimum distance between the closest edges of the driveways equals or exceeds 150 feet. (3) Four or more driveways entering the same street from a single lot shall be prohibited. (4) In no case may the total width of all driveways exceed 50% of the total property frontage. (5) No driveway (nearest edge) shall be located within 10 feet of a side lot property line except in the case of a shared driveway (single curb/access point) utilized by two or more lots. (6) No driveway (nearest edge) shall be located within 25 feet of an intersection on a secondary road and 40 feet on a primary road except in the case where no other lot access to a public street or town -approved private road is available. (E) Driveway Permit Inspection. Once the driveway permit is duly issued, the supervisor of the driveway construction site shall keep the permit available for on-the-job inspection by authorized personnel of the town. The inspector or other authorized representative of the town shall have the authority to require the immediate stoppage of work not performed either in accordance with the approved plans or under the requirements of this section and may order the nonconforming installations be corrected and/or blocked. (F) Brick Driveways. Brick driveways will be allowed consisting of smooth, hard -burned clay bricks with an appropriate concrete base conforming to the design standards of the Land Use Administrator. . • In the event repairs are required after brick driveways are installed due to utility replacement or other construction work, the driveway applicant shall pay that portion of the repair cost which exceeds the cost of repair using standard concrete six (6) inches in thickness. Normal maintenance or replacement will be the responsibility of the driveway applicant. Section 6-5: Off -Street Loading Requirements In any district in which a building hereafter erected is to be occupied by any manufacturing, processing, assembly, wholesaling, retailing, laundering, dry cleaning, or similar activity requiring the receiving or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building at least one (1) off-street loading space plus one (1) additional space for every twenty thousand (20,000) square feet or major fraction thereof of gross floor space in excess of ten thousand (10,000) square feet. Each such loading space shall be at least ten 0 0) feet in width, twenty-five (25) feet in length, and shall have a height clearance of at least fourteen (14) feet. I ARTICLE 7. 1, Section 7-1: Intent REGULATIONS FOR SIGNS The intent of this section is, 1) to set forth sign standards and restrictions that allow for the legitimate needs for identification of residential, commercial, industrial, and other activities, 2) to provide for the safety of vehicular traffic by limiting visual interference, 3) to protect the general public from injury caused by distracting and improperly placed signs, and 4) to protect property values while at the same time promoting the economic welfare of the Town of Burgaw by encouraging visually appealing and non -distracting forms of information transfer. For definitions relating to this Section refer to Section 2-2. 1 Section 7-2: General Provisions ' (A) Administration. The Planning Department of the Town of Burgaw shall be responsible for the administration and enforcement of this Section. The Land Use Administrator shall administer and enforce the terms and conditions of this Section and all other provisions of laws relating to signs. The duties shall include not only the issuance of permits as required in Subsection (B), but also enforcement of the provisions of this Section. (B) Permit Requirements. ' (1) General Requirements. Except as otherwise provided in Subsection (C) and (D), it shall be unlawful to erect or maintain any sign without first obtaining a sign permit. Application for the permit shall be made in writing on forms furnished by the Land Use Administrator and signed by the applicant or authorized agent. No permit shall be required, however, for the maintenance requirements of Section 7-5 hereinafter. Failure to secure a permit shall constitute a violation of this Section. (2) Plans. Specifications, and Other Data Required. The application shall be accompanied by complete information as required on forms provided by the Land Use Administrator and shall include, without being limited to, a site plan and elevation drawings of the proposed sign, a drawing of the building facade indicating the proposed location of the sign, height, dimensions and square footage of the proposed sign and any other data as the Land Use Administrator may determine is necessary for review of the application. The Land Use Administrator shall not issue a sign permit unless the plans, specifications, and intended use of such sign conform in all respects to the applicable provisions of this Article. In (3) (4) (5) Fees. (a) Generally. A sign permit fee shall be paid to the Town of Burgaw for each sign permit applied for in accordance with this Article in an amount determined by the Town of Burgaw Schedule of Fees and based on the size of the sign. This permit fee does not include electrical permit fees, which shall be additional. A sign permit fee shall not be charged for replacing a nonconforming sign with a conforming sign or for bringing a nonconforming sign into conformance with this Article if such action is undertaken voluntarily within one (1) year of the effective date of this Section. (b) When Fees Payable. Sign permit fees shall be paid upon the application for a sign permit and prior to commencement of any sign construction on the lot where the sign will be located. (c) Late Fee. Work performed without a permit shall be subject to a late fee as set forth in the Town of Burgaw Schedule of Fees. 1 Revocation of Permits for Non -Use. (a) Commencement of Work. If actual work for the permitted sign on the site is not commenced within sixty (60) days from the date of such sign permit or if substantial work for the permitted sign is suspended for a period of sixty (60) consecutive days after issuance of the sign permit, the permit shall automatically become null and void. Provided, however, for new construction, the sign permit shall not become null and void until sixty (60) days after the Zoning Compliance Release has been issued. (b) Extensions of Time. The provisions of subsection (a) above shall not apply when delays are not a result of willful acts or neglect of the persons obtaining the permit. In that event, the Land Use Administrator may grant an extension of time within which operations must be started or resumed. All requests for such extensions and approval thereof shall be in writing. Forfeiture of Fees. When any permits has been revoked under the terms of this Section, the permit fees shall not be refunded. If a sign permit is denied, however, the permit fee will be refunded. 102 1 (6) Licenses. (a) Sian Contractor's License. No person shall engage in the business of erecting or maintaining signs in the Town of Burgaw unless said person has been issued a sign contractor's license which has not expired at the time said work is done. This requirement shall be interpreted to exclude those ' persons who construct and erect a principal use identification sign when that sign is used at that person's place of business, provided all construction and installation is properly permitted and inspected for compliance with the applicable building codes of the Town of Burgaw and other parts of this Section. (b) Outdoor Advertising License. No person shall erect or maintain off - premises advertising structures in the Town of Burgaw unless said person has been issued an outdoor advertising license which has not expired at the time said work is done. In order to obtain an outdoor advertising license, the licensee must be a license sign contractor, as described in paragraph (a) above, and must submit annually upon renewal of this license a listing of all sign structures leased, owned, or maintained by the licensee. Such list shall give the specific location of each sign by reference to ward, sheet, and tax lot number as indicated on the Pender County tax maps and by reference to the name of the property owner. (C) Sims Exempt from Regulation. Unless otherwise prohibited hereinafter in Sections 7-3 or 7-5, the following signs are exempt from regulation. under this Section: (1) Signs which are not designed to be visible beyond the boundaries of the lot upon which they are located and/or from any public thoroughfare or right-of-way, except as such signs may be regulated hereinafter. (2) Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs or signs installed under governmental authority which note the donation of buildings, structures or streetscape materials (such as, but not limited to, benches, trash cans, lamp posts, and park facilities). 103 (3) Flags, pennants, or insignia of any nation, organization of nations, state, county or city, any religious, civic or fraternal organization, or any educational or cultural facility and/or any one (1) corporate flags per lot; except when such are used in connection with a commercial promotion or as an advertising device or as an integral part of a sign regulated under this Section. (4) Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday/celebration. (5) Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices or signs providing directions around such conditions. (6) Merchandise, pictures, or models or products or services which are incorporated as an integral part of a window display. 1 (7) Unless such signs are used in the manner prohibited under Section 7-3 hereinafter,. signs displayed on trucks, buses, trailers or other vehicles which are being operated in the normal course of a business, such as signs indicating the name of the owner , or business and which are affixed or painted onto moving vans, delivery trucks, contractors' vehicles, and equipment and the like, are exempt from regulation, provided that, when not being so operated, such vehicles are parked or stored in areas appropriate to their use as vehicles and in such a manner and location on the lot so as to minimize their visibility from any street to the greatest extent feasible. (8) Trademarks or product names which are displayed as part of vending machines, dispensing machines, automatic teller machines, and gasoline pumps. I (9) Signs required for or specifically authorized for a public purpose by any law, statute, or ordinance. These signs may be of any type, number, area, height above grade, location or illumination authorized by law, statute, or ordinance under which such signs are required or authorized. 104 1 (10) Signs that display information pertinent to the safety or legal responsibilities of the general public with regard to a particular piece of property shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign. (11) g Signs attached to buildings existin as of the effective date of this Section which g identify buildings and which are permanently integrated by etching, embossing, and/or engraving or which are otherwise permanently made a part of building facades. These signs specifically include, but are not limited to, commemorative corner stones. (12) Signs designated to be historically significant and/or landmark signs by the Board of Commissioners provided the signs satisfy one or more of the following criteria: (a) The sign is significant to the history of the Town of Burgaw, including, but not limited to, the character of the town as a tourist attraction or cultural center. (b) The sign is unique, notably aesthetic, or creative so as to make a significant contribution as a work of art. r(c) The sign merits recognition as an important example of technology, craftsmanship, materials or design of the period in which it was constructed and may no longer be economically feasible to produce or manufacture the sign today. (13) Temporary signs providing directions to community festivals or events. 1 (14) Signs affixed to windows of vehicles displaying the terms of sale for said vehicles. ' (D) Sims Exemnt from Permit Requirement. The following signs are allowed in all zoning districts and shall not require a sign permit. However, such signs shall conform to the requirements set forth below as well as to other applicable requirements of this Section. (1) Real Estate Suns. Temporary signs advertising the sale, rental, or lease of the property on which said signs are located are allowed, provided such signs are not illuminated and do not exceed two signs per lot, do not exceed four (4) feet in height ' 105 and do not exceed four (4) square feet per face for property zoned residential or do not exceed eight (8) feet in height and do not exceed thirty-two (32) square feet per face for property zoned other than residential. All such signs shall be removed within seven (7) days after the closing of the sale, rental, or lease of the property. (2) Commemorative Sims. Commemorative signs which do not exceed eight (8) square feet per face in area and eight (8) feet in height. (3) Directional Signs. Directional signs shall be located on the premises to which directions are indicated. If advertising (name or logo) is used on these signs it shall be computed as part of the total allowable sign area for a lot. Directional signs shall not exceed four (4) square feet per face, two (2) faces per sign, and shall not exceed three (3) feet in height if freestanding or six (6) feet in height if attached. to the principal or an accessory structure. The maximum number of signs allowed per lot shall be four (4). These signs may be internally or externally illuminated. (4) Incidental Suns. Signs containing information necessary or convenient for persons coming on to a premises shall be located on the premises to which the information pertains. No advertising may be affixed to such a sign and these signs shall be single -faced only and wholly attached to a building (including the windows or doors). If advertising (name or logo) is used on these signs it shall be computed as part of the total allowable signage for a lot. (5) Cony Chan es and Maintenance. No permit shall be required for copy changes made to a changeable copy sign, menu board, marquee sign, or off -premise sign; provided any such changes do not change the classification of the sign under this Section. No permit shall be required for maintenance where no structural changes are made. (6) Political Suns. Signs of candidates for election or for issues on a ballot shall be allowed in any zoning district providing such signs do not exceed two (2) signs per lot, eight (8) square feet in area per display face, and two (2) faces per sign. Provided, however, nothing herein shall prohibit the use of off -premise signs for such candidates or issues according to the restrictions for such signs in zoning districts where they are permitted. All such signs may not be erected prior to thirty (30) days before the appropriate primary, general, or run-off election or referendum and must be removed within five (5) days after the primary, general, or run-off election 1• or referendum. The property owner and the political candidate shall be equally responsible for the removal of the signs. (7) Construction Sims. Construction signs shall be allowed provided such signs do not exceed one (1) sign per street frontage with a maximum of two (2) signs per construction site. Such signs shall not exceed four (4) square feet in area per display face, two (2) faces per sign for single-family or duplex residential construction or thirty-two (32) square feet in area per display face for multi -family residential or non-residential construction, and a maximum of ten (10) feet in height. Construction signs shall not be erected prior to the issuance of a building permit and shall be removed within seven (7) days of the issuance of a certificate of compliance. (F) Non -Commercial Messages. Any sign, display, or device allowed under this Section may contain, in lieu of any other copy, any otherwise lawful non-commercial message that does not direct attention to a business operated for profit, or to a commodity or service for sale, and that complies with size, lighting, and spacing requirements of this Section. Section 7-3: Signs Prohibited in All Zoning Districts The following signs and/or sign features shall not be erected or maintained in any zoning district within the jurisdiction of the Town of Burgaw: (A) Sirens on Roadside Annurtenances. On- or off -premise signs on roadside appurtenances, including, but not limited to roadside benches, bus stop shelters, planters, utility poles, trees, parking meter poles, and refuse containers, with the exception of commemorative signs or governmental signs. (B) Portable or Moveable Dismay Sims. Portable signs are prohibited with the exception of new businesses and when a business changes ownership. A new business located in the B-1, Central Business; B-2, Highway Business; B-3, Neighborhood Business; I-1, Light Industrial; or I-2, Heavy Industrial Zoning Districts is allowed one portable sign no larger than 32 square feet for a period not to exceed 45 days beginning the date their privilege license is issued. If a business changes ownership and is located in the B-1, Central Business; B-2, Highway Business; B-3, Neighborhood Business; I-1, Light Industrial; or I-2, Heavy Industrial Zoning District and a new privilege license is required then they are allowed one portable sign no larger than 32 square feet and for a period not to exceed 45 107 days beginning the date their privilege license is issued. The portable sign must be setback at least 10 feet and all other applicable freestanding sign regulations shall apply. (C) Signs Located in the Right -of -Way. Signs, whether temporary or permanent, within any street or highway right-of-way, with the exception of governmental signs; provided, however, projecting signs which are allowed under Section 74 hereinafter are not hereby prohibited and signs providing direction to churches, public auditoriums, or properties designated as local or national historic properties, all of which are single -faced and no greater than two (2) square feet in total area per sign and limited to nine (9) feet in height are not hereby prohibited, but shall be allowed only by permit issued by the Town of Burgaw and shall be limited to three (3) signs permitted per church, public auditorium, or historic property. (D) Signs on Vehicles. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not include temporary construction site vehicles on active construction sites. (E) Roof Signs. Signs on the surfaces of a mansard roof and on parapets shall not, however, be hereby prohibited provided the signs do not extend higher than the height restriction for on - premise freestanding signs in the zoning district in which the sign is located and provided that the signs do not extend above the mansard roof or parapet to which they are attached. (F) Wind Signs. Wind signs except in conjunction with a community festival or event and except as wind signs are allowed under Section 74 hereinafter. (G) Off -premise signs in all Residential, Community Shopping, and Light Industrial Zoning Districts. (H) Off -premise signs in national and local historic districts or on national or local historic properties. (I) Off -Premise Signs Along Scenic Drives. Off- premise signs designed to be visible from streets designated by the Board of Commissioners as "scenic drives" and/or "parkways." (J) Off: premise signs which are within 660 feet of the nearest edge of the right-of-way and visible from the maintained traveled way of the Federal Aid Primary and Interstate System, all as described in the Federal Highway Beautification Assistance Act of 1979, as amended, and which are constructed or erected on or after the effective date of this Section. Provided, 1 further, off -premise signs located specifically as described hereinbefore which were erected prior to the effective date of this Section are not prohibited from continuing, notwithstanding their non-conformance with regulations of this Section, other than conformance with the maintenance provisions set forth in Section 7-5 hereinafter. (I) Signs of Illusion. Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion. (L) Sims Resembling Traffic Signals. Signs displaying intermittent light resembling the flashing light customarily used in traffic signals, or used by police, fire, ambulance, or other emergency vehicles, nor shall any sign use the word "stop," "danger," or any other words, phrase, symbol, or character in a manner that might be construed as a public safety warning or traffic sign. (M) Animated Signs and Flashing Signs. I(l) Abandoned Signs or Sign Structures. ' (0) Sims Obstructing Access. Signs which obstruct free ingress to or egress from a driveway or a required door, window, fire escape, or other required exit way. (P) Sandwich Board Signs except within the Central Business District. 1 Section 7-4: On -Premise Signs (A) General Provisions for On -Premise Sims. Following the effective date of this Article, on - premise signs shall not be erected or maintained in any zoning district except in compliance with the provisions set forth in this Section. (1) Comoutation of Sign Area. The area of a sign shall be considered to be that of the smallest rectilinear figure (but which shall have a continuous perimeter of not more than eight (8) straight lines) which encompasses all lettering, wording, design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of a sign, but supports and bracing which are not intended as part of the sign shall be excluded. In the case of a multi -faced sign, the area of the sign shall be considered to include all faces visible from one direction. The area of a wall or window sign consisting of individual letters or symbols attached to or painted on a surface, building, wall, or window shall be considered to be that of the smallest rectilinear figure (but which shall have a continuous perimeter of not more than eight (8) straight lines) which encompasses all of the letters or symbols and the background and illuminated part of such sign when either or both are designed as an integral part of and related to the sign. The space between one (1) identification sign and one (1) changeable copy sign on a sign post or structure or attached to a building shall not be included in the total square footage if both signs serve a single business located on the lot. The space between two (2) or more changeable copy components of a sign or between two (2) or more permanent copy components of a sign shall be included, however, in the total square footage of sign area allowed. Where three dimensional figures are used as signs, the area shall be the total of all sides made an integral part of the projected figure used in conveying the intended message. (2) Group Development. Any development which is part of a group development shall be governed by Section 7-4(B) (4) hereinafter. (3) Encroachment Into Right -of -Way. No part of any sign shall be located on or extended into a public right-of-way except as projecting signs are allowed by this Section. (4) Certificate of Appropriateness. A certificate of appropriateness shall be required prior to the issuance of a sign permit for all signs located in local historic districts. (5) Time/Date/Temoerature Sims. Time, date, and temperature signs which do not exceed ten (10) square feet per face shall not be included in the allowable sign area, provided, however, if an existing freestanding sign is located on the lot, then the time, date, and temperature sign must be incorporated into the existing freestanding sign. It shall be the responsibility of the owner of such signs to maintain such signs and insure that they are kept accurate. If these conditions are not met, the sign shall be repaired or removed. (6) Signs for Nonconforming Uses. Signs for nonconforming uses, where such uses may be continued, shall be allowed, but shall comply with all regulations for signs in the zoning district where such signs are located. ' (7) Illumination. Illuminated signs shall be subject to the following conditions: (a) Any light used for illumination shall be shielded so that the beams or rays of light will not shine into surrounding areas or on the public roadway. (b) Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. (8) Temaorary Sims. Temporary signs shall be allowed in all non-residential zoning districts. Temporary signs shall be allowed twice a year per lot. In the event that more than one business is located on a single lot, each business shall be allowed two temporary signs per year. Temporary signs shall be allowed for (30) days and a sign permit is required. No time extensions shall be granted. No temporary signs shall exceed thirty-two (32) square feet in total area. (9) Inflatable Balloon Sign. One inflatable balloon signshall be allowed per 1 commercial or industrial zoning district at any one time, limited to once a year per business. This limitation shall not apply, however, to community festivals or events permitted by the Town of Burgaw. Further, inflatable balloon signs shall not be tinternally illuminated; shall not be higher than twenty-five (25) feet above grade; and shall not be erected or maintained on a building parapet or roof. The time allowed for these signs shall not exceed 10 days. These signs shall be located on either an attached, tethered, or freestanding structure. The sign and its structure shall not block or inhibit the visibility of vehicular traffic or in any way pose a danger to pedestrians or vehicular traffic or property. The sign may advertise a product, service, or sponsor affiliated with the event or the event itself. (10) Visibili . No sign or structure shall be erected or maintained to impede safe and adequate visibility from vehicles or for pedestrians. (1 1) Any business which has street frontage of less than fifty (50) feet along a street shall be allowed one additional freestanding sign on its lot provided that the additional freestanding sign was erected under a valid permit prior to the effective date of this 111 Section and, provided further, that one of the freestanding signs is located more than two hundred (200) feet from the street and that both freestanding signs conform with the provisions of this Section. (12) Wind Sirens. Wind signs shall be permitted in the Community Shopping District, in local historic districts, and in group developments which are retail shopping centers subject to the following regulations: (a) Wind signs shall be limited to one sign per pole, mast arm, or other device and maintained in good condition without fraying, tearing, or fading. (b) Wind signs shall be constructed of nylon, canvas, or plastic material. (c) Each wind sign must be at least eight (8) square feet in area and less than twenty-four (24) square feet in area and all banners on the same lot must be consistent in colors and materials. (d) No wind sign may contain a commercial advertising message, name, or logo. (e) Clearance over sidewalks shall be a minimum of nine (9) feet and clearance over streets, alleys, or driveways shall be a minimum of fourteen (14) feet. (B) On -Premise Sims: Sintzle Tenant Develonment. The following sign regulations shall be applicable for single tenant development within the zoning districts indicated for single tenant development. Any sign not specifically allowed shall be deemed as prohibited. (1) Residential Districts (R20. R-12. R-10 and PUD). Signs allowed for non- residential uses (including home occupations) within these zoning districts may be either: Freestanding: Attached: Ground Projecting Awning/Canopy (a) One (1) business or product identification sign is allowed per lot for non- residential uses. For freestanding or attached signs, the total allowable area per face of selected sign (excluding home occupation signs) shall not exceed 112 ' fifteen (15) square feet per face, with two faces per sign allowed. Signs may be either internally or externally illuminated. Additionally, the following requirements must be met based on the type of sign selected: If freestanding ground: The sign shall be a maximum of three (3) feet in height with a minimum setback of ten 0 0) feet. If projecting: Sign (excluding awning/canopy signs) shall not project more than three (3) feet from the facade of the building. Clearance over sidewalks shall be at a minimum of nine (9) feet and clearance over streets, alleys, or driveways shall be a minimum of fourteen (14) feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 7-4(A) hereinbefore. Window signs are not allowed above the third story of building. If wall: Maximum projection from a wall shall be twelve 02) inches. ■ (b) Subdivision and multi -family development identification signs may contain the name of the development only and must either be freestanding ground signs or attached wall signs. If the signs are freestanding ground signs, the height shall be limited to six (6) feet from grade and the minimum setback shall be ten 0 0) feet. Only two (2) entrances to the development may have a sign. The main entrance sign shall have no more than thirty-two (32) square feet (sixteen (16) square feet per face). The secondary entrance sign shall have no more than sixteen 0 6) square feet (eight (8) square feet per face). Only two (2) sign faces shall be allowed at each entrance, however, said sign faces may be on two (2) individual sign structures. (c) Churches, schools, and institutions located in residential zoning districts are allowed one additional freestanding pole or ground sign or attached wall sign, either of which may be only a changeable copy sign, with the total area 113 (2) of the changeable copy sign no greater than twelve (12) square feet per face, with two (2) sign faces per sign and a maximum of six (6) feet in height, with a minimum setback of ten 0 0) feet. (d) Attached Home Occupation signs shall not exceed one (1) square foot per face, with no more than two (2) faces per sign, and shall not be illuminated. B-1. B-2, and B-3. Signs allowed within the zoning district may be either: Freestanding: Attached: Ground Projecting Changeable Copy (prohibited in B-1) Window Menu Board Wall Awning/Canopy Menu Board Changeable Copy (a) Two (2) businesses or product identification signs are allowed per lot, only one (1) of which shall be a freestanding ground sign. Corner lots are allowed one (1) additional attached sign on separate street frontage, not to exceed a total of three (3) separate signs. For freestanding or attached signs, the total allowable area per face of selected sign(s) shall not exceed seventy-five (75) square feet per face, with two (2) faces per sign allowed. In the event the freestanding sign is less than the seventy-five (75) square feet per face allowed, the difference between the seventy-five (75) feet per face allowed and the size of sign erected may be used to increase the size of the attached sign by that difference. Signs may be internally or externally illuminated. Additionally, the following requirements must be met based on the type of sign selected. If freestanding ground: The sign shall be a maximum of six (6) feet in height with a minimum setback of ten 0 0) feet. If projecting: Signs (excluding awning/canopy signs) shall not project more than three (3) feet from the facade of the building. Clearance over 114 (3) sidewalks shall be at a minimum of nine (9) feet and clearance over streets, alleys, or driveways shall be a minimum of fourteen (14) feet. Signs shall not project above the third story of the building or above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 7-4(A)(8) hereinbefore. Window signs are not allowed above the third story of building. If wall: Maximum projection from a wall shall be twelve (12) inches. If menu board: One (1) external menu board with one (1) face is allowed per restaurant. The total sign area shall not exceed 36 square feet per face. The sign shall not be located so that the copy is designed to be visible to vehicular traffic from the roadway. The minimum setback shall be ten 0 0) feet. Light Industrial (I-1) and Heavy Industrial (I-2) Districts. Signs allowed within the zoning district may be either: Freestanding: Ground Changeable Copy Menu Board Attached: Projecting Window Wall Awning/Canopy Menu Board Changeable Copy (a) Two (2) business or product identification signs are allowed per lot, only one (1) of which shall be a freestanding ground sign. Corner lots are allowed one. (1) additional attached sign on separate street frontage, not to exceed a total of three (3) separate signs. For freestanding or attached signs, the total allowable area per face of selected sign(s) shall not exceed one hundred and twenty-five (125) square feet per face, with two (2) faces per sign allowed. Signs may be internally or externally illuminated. 115 (b) In the event the freestanding sign is less than the one hundred and twenty- five (125) square feet per face allowed, the difference between the one hundred and twenty-five (125) square feet per face allowed and the size of sign erected may be used to increase the size of the attached sign by that difference. (c) In the event that a lot has an off -premise sign which has the total maximum square footage allowed for both sides of the sign structure under Section 7-5 (B) hereinafter, no on -premise freestanding sign shall be allowed on that lot. Where the off -premise sign is less than that total square footage allowed, the total square footage for both sides of the on -premise freestanding sign for that lot shall be not greater than the difference between the maximum square footage allowed for both sides of the off -premise sign and the size of the off -premise sign erected, but in no event shall the on - premise freestanding sign be greater than the maximum one hundred and twenty-five (125) square feet allowed per face. When the provisions of this subsection (c) apply, they shall in no way be interpreted to allow on -premise attached signs to be further increased in size under the formula set forth in subsection (b) hereinabove. Provided, however, on -premise freestanding signs with off -premise signs on the same lot which were both erected prior to the effective date of this Section, shall be allowed to remain when conforming with the other provisions of this Section. (d) Additionally, the following requirements must be met based on the type of sign selected: If freestanding ground: The sign shall be a maximum of six (6) feet in height with a minimum setback of ten 0 0) feet. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three (3) feet from the facade of the building. Clearance over sidewalks shall be at a minimum of nine (9) feet and clearance over streets, alleys or driveways shall be a minimum of fourteen (14) feet. Signs shall not project above third story of the building or above the building soffit, eave line, or building parapet. IM. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 7-4(A)(8) hereinbefore. Window signs are not allowed above the third story of building. If wall: Maximum projection from a wall shall be twelve 0 2) inches. If menu board: One (1) external menu board with one (1) face is allowed per restaurant. The total sign area shall not exceed 36 square feet per face. The sign shall not be located so that the copy is designed to be visible to vehicular traffic from the roadway. The minimum setback shall be ten 0 0) feet. (4) On -Premise Signs: Multiole Tenant Develonment. The following sign regulations shall be applicable within the zoning districts indicated for multiple tenant development. Any sign not specifically allowed is prohibited. Multiple tenant developments may erect either a development identification or joint identification sign. In addition, tenant identification signs for individual businesses within a development are allowed. For a multiple tenant development, the development itself is allowed one (1) identification sign for each property boundary with street frontage with a maximum of two (2) signs allowed per development, only one of which may be freestanding. These identification signs may be either a development identification or a joint identification sign. The choice of sign affects the tenant identification regulations within the development. If there is no development identification or joint identification sign erected or maintained, individual tenants shall be allowed signs as permitted for individual tenants where a development identification sign is used. Where one type of sign has been selected and an additional identification sign is allowed due to a second street frontage, the additional sign must be of the same type (i.e., two development identification signs or two joint identification signs). If a joint identification sign is selected, said sign shall be limited to one sign component per tenant. (5) Development Identification Signs. Where a development identification sign is selected, such a sign or signs may be of the following types: 117 Freestanding: Attached: Ground Wall Projecting The signs) shall meet the following requirements based on the zoning district in which it is located. Maximum Maximum Square Zoning District Height Allowed Footage Per Face R 20, R-12, R-7MH, R-7, and 6 ft. 25 sq. ft. PUD (Residential) B-1 and B-2 (Community 25 ft. 125 sq. ft. Shopping) B-3 (Community Shopping) 10 ft. 60 sq. ft. I-1 and I-2 (Light and Heavy 25 ft. 187.5 sq. ft. Industrial) Setback for freestanding development identification signs in all zoning districts shall be fifteen (15) feet. In addition, a movie theater will be allowed one (1) additional freestanding or attached marquee sign with the maximum square footage, height and setback in accordance with applicable regulations for single tenant developments in Section 7-4(B) hereinbefore. Where a development identification sign is selected, the individual tenant identification within the development shall meet the following regulations. Tenant identification signs shall be of the following types: Attached: Awning Wall Projecting Window One (1) attached sign is allowed for each exterior public business entrance. The total allowable sign area for the building frontage having the primary business entrance shall be twenty-five (25) square feet or one (1) square foot per one (1) linear foot of said building frontage, whichever is greater, but in no event shall the area be greater than the maximum square footage per face allowed for a development (6) identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one (1) square foot per three (3) linear feet of building frontage where the secondary business entrance is located. A maximum of two (2) secondary business entrance signs is allowed. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. Also, one suspended or transom sign may be incorporated per business, which sign shall not exceed six (6) square feet per face per sign. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. If wall: Maximum projection from a wall shall be twelve 02) inches. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three (3) feet from the facade of the building. Clearance over sidewalks shall be a minimum of nine (9) feet and clearance over streets, alleys, or driveways shall be a minimum of fourteen (14) feet. Signs shall not project above third story of building or above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 74 (A) (8) hereinbefore. Window signs are not allowed above the third story of the building. Joint Identification Signs. Where a joint identification sign is selected, such sign or signs may be of the following types: Freestanding: Attached: Ground Wall Projecting The sign(s) shall meet the following requirements based on the zoning district in which it is located: Um Maximum Maximum Square _Zoning District Height Allowed Footage Per Face R-20, R-12, R-7MH, R 7, and 6 ft. 25 sq. ft. PUD (Residential) 13-1 and B-2 (Community 25 ft. 125 sq. ft. Shopping) B-3 (Community Shopping 10 ft. 60 sq. ft. I-1 and I-2 (Light and Heavy 25 ft. 187.5 sq. ft. Industrial) Setback for freestanding joint identification signs in all zoning districts shall be fifteen (15) feet. In addition, a movie theater will be allowed one (1) additional freestanding or attached marquee sign with the maximum square footage, height, and setback in accordance with applicable regulations for single -tenant developments in Section 7-4(B) hereinbefore. Where a joint identification sign is selected, the individual tenant identification within the development shall meet the following regulations. Tenant identification signs shall be of the following types: Attached: Awning Wall Projecting Window One (1) attached sign is allowed for each exterior public business entrance. The total allowable sign area for the building frontage having the primary business entrance shall be twenty (20) square feet or one (1) square foot per two (2) linear feet of said building frontage, whichever is greater, but in no event shall the area be greater than sixty (60) percent of the maximum square footage allowed for a joint identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one (1) square foot per three (3) linear feet of building frontage where the secondary business entrance is located. A maximum of two (2) secondary business entrance signs is allowed. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. 120 If wall: Maximum projection from a wall shall be twelve (12) inches. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three (3) feet from the facade of the building. Clearance over sidewalks shall be a minimum of nine (9) feet and clearance over streets, alleys, or driveways shall be a minimum of fourteen (14) feet. Signs shall not project above third story of building of above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 7-4(B) (8) hereinbefore. Window signs are not allowed above the third story of the building. Section 7-5: Off -Premise Signs (A) General Provisions for Off -Premise Signs. Following the effective date of this Section, off - premise signs shall not be erected, or maintained in any zoning district except in compliance with the provisions set forth in this Section. (1) Computation of Sign Area. The area of the sign shall be considered to be that of the smallest rectilinear figure (but which shall have a continuous perimeter of not more than eight (8) straight lines) which encompasses all lettering, wording, frame, design, or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of a sign, but supports and bracing which are not intended as part of the sign shall be excluded. In the case of a multi -faced sign, the area of the sign shall be considered to include all faces visible from one direction. Where three dimensional figures are used as or on signs, the area shall be the total of all sides made an integral part of the projected figure used in conveying the intended message. (2) Encroachment into the Right -of -Way. No part of any sign shall be located on or extended into a public right-of-way. 121 (3) Illumination. Illuminated signs shall be subject to the following conditions: a) Any light used for the illumination shall be shielded so that the beams or rays of light will not shine directly into surrounding areas or on the public roadway; and b) Neither direct nor reflected light from any light source shall create a traffic hazard or distraction to operators of motor vehicles on public thoroughfares. (4) Visibili . No sign or structure shall be erected or maintained to impede safe and adequate visibility from vehicles or for pedestrians. (5) Extensions. No extension(s) shall be allowed beyond those dimensions for the sign area as initially permitted. (B) Off -Premise Signs by Zoning Districts. The following sign regulations shall be applicable within the zoning districts wherein off -premise signs are allowed. Any sign not specifically allowed is prohibited. In the Heavy Industrial (I-2) zoning district, off -premise signs are allowed subject to the restrictions set forth herein. (1) Size. No off -premise signs shall exceed one hundred fifty (150) square feet per directional flow of traffic (300 square feet total per sign structure). A maximum of four (4) faces per sign structure is allowed, positioned either back to back or v-shaped, such that only two (2) faces are allowed per side. Both sides of a double-faced or v-shaped sign shall be of equal size. In no case shall there be more than two faces per directional flow of traffic. (2) Height. No off -premise sign shall exceed twenty-five (25) feet in height. (3) S acin . (a) The minimum distance between any two (2) sign structures shall be one thousand (1,000) linear feet on either side of the same street. (b) No off -premise sign shall be located within a two hundred (200) foot radius of a school, place of worship, public park, national park, and/or forestland(s) or bridge. 122 (c) No off -premise sign shall be located within seventy-five (75) feet of any intersection. (d) No off -premise sign shall be located within a one hundred 0 00) foot radius ' of residentially zoned property. (e) No off -premise sign shall be located within fifty (50) feet of any building or on -premise sign. ' (4) Setback. Minimum setback distances shall be as follows: (a) for sign area of 0 to 75 square feet per face - 10 feet. ' (b) for sign area of 76 to 150 square feet per face - 20 feet. For all sign sizes, the minimum setback distances from all other property lines shall be ten 0 0) feet. (5) On -Premise Sims. In the event that an off -premise sign which is located on the same lot as an on -premise freestanding sign, the on -premise freestanding sign is subject to Section 7-4(B) (3) (c) hereinbefore. Section 7-6: Maintenance To insure that signs are erected and maintained in a safe and aesthetic manner, it shall be unlawful for any sign designed to be visible from any public street or highway within the jurisdiction of the Town of Burgaw to be erected or maintained by any person, other than by a sign contractor properly licensed under ' Section 7-2 (B) or by a designated representative of such licensed contractor, except that this requirement shall be interpreted to exclude those persons who construct and erect a principal use identification sign when said sign is used at said person's place of business and to exclude licensed general contractors erecting signs as part ' of a permitted construction or renovation project; provided, however, in all cases, all erection must be properly permitted and inspected for compliance with the applicable codes of the State of North Carolina and the Town of Burgaw and with other parts of this Article. The following maintenance requirements must be observed for all signs visible from any public street or highway within the jurisdiction of this Article. ' 123 A) No sign shall have more than twenty 20 percent of its surface area covered with disfigured, ( g tY ( ) p cracked, ripped, or peeling paint or poster paper for a period of more than thirty (30) successive days. (B) No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose , appendages or struts or be allowed to stand more than fifteen (15) degrees away from the perpendicular for a period of more than thirty (30) successive days. (C) No sign shall be allowed to have weeds, vines, landscaping, or othervegetation growing upon it and obscuring its view from the street or highway from which it is to be viewed for a period of more than thirty (30) successive days. (D) No neon or internally illuminated sign may be allowed to stand with only partial illumination for a period of more than thirty (30) successive days. , (E) If a sign or sign structure is damaged such that more than fifty (50) percent of the value is lost, with such determination made by the Land Use Administrator, any repair or replacement must be done in conformance with this Section. The Land Use Administrator may inspect all signs for compliance with these maintenance requirements. Section 7-7: Structural and Construction Requirements All on -premise and off -premise signs allowed by this Section shall be constructed in accordance with the requirements of the North Carolina State Building Code. Section 7-8: Enforcement Violation of the provisions of these sign regulations shall be enforceable as set forth below in addition to the enforcement provisions as set forth in Article 16. (A) Notice of Violation. The Land Use Administrator shall have the authority to issue a notice of violation for all violations of this Article. Where the owner of the sign is indicated on the sign or is otherwise apparent or known to the Land Use Administrator, a copy of the notice of violation shall be delivered to the sign owner by hand delivery or by certified mail. In all other cases, a copy of the notice of violation shall be posted on the sign. A copy of the notice 124 of violation shall also be delivered by hand delivery or certified mail to the property owner as shown on the Pender County tax records. In addition, service hereunder may be made ' in accordance with Rule 4 of the North Carolina Rules of Civil Procedure. (B) Time to Remedy Violation. Other than for temporary signs, all violations shall be remedied within thirty (30) days. The thirty (30) day period shall commence upon the service of the notice of violation as set forth above. Violations of regulations for temporary signs shall be remedied within twenty-four (24) hours after service of the notice of violation as set forth above. (C) Extension of Time for Compliance. Other than for violations of regulations for temporary signs, the Land Use Administrator shall have the authority to grant a single thirty (30) day extension of time within which to remedy the violation. For violations of regulations for temporary signs, the Land Use Administrator shall have the authority to issue a single 24- hour extension of time within which to remedy the violation. Either single extension of time may be issued based upon a written request for extension of time which sets forth valid ' reasons for not complying within the original time period. (D) Remedies for Failure to Comply. Pursuant to N.C. General Statute Sec. 160A-175 (f), the Land Use Administrator, in consultation with the Town Attorney, may choose from the remedies set forth below to enforce the requirements of this Section when there is a failure to comply with the notice of violation. Those remedies are as follows: (1) In addition to or in lieu of the other remedies set forth in this section, the Land Use Administrator may issue a citation setting forth a civil penalty of Fifty Dollars ($50.00), pursuant to NC General Statutes Section 160A-175 (c). In the case of a continuing violation, each seventy-two (72) hour period during which the violation continues to exist shall constitute a separate violation. The citation shall be served upon the person (s) described in subsection (A) by the means set forth therein. In the event the offender does not pay the penalty within thirty (30) days of service of the citation, the civil penalty shall be collected by the town in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of NC General Statutes Section 14-4. (2) In addition to or in lieu of the other remedies set forth in this section, the Land Use ' Administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time required by the foregoing ' 125 provisions. Remove orders shall be issued to and served upon the person(s) described in subsection (A) by the means set forth therein. The sign shall be removed thirty (30) days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign to be removed and all of the reasons for issuance of the remove order, including specific reference to the provisions of this Section which have been violated. (3) In addition to or in lieu of the other remedies set forth in this Section, the Town Attorney may seek injunctive relief in the appropriate court. (E) Removal and Recovery of Expense. In the event of failure to comply with the requirements of a remove order, the Land Use Administrator may cause such sign to be removed. The sign owner and property owner may be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the person(s) described in subsection (A) by the means set forth therein. If said sum is not paid within thirty (30) days thereafter, said sum shall be collected by the town in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of NC General Statutes Section 14-4. (F) Removal of Dangerous Signs. Pursuant to NC General Statutes Section 160A-193, the Land Use Administrator shall have the authority to summarily remove, abate or remedy a sign which the Chief Building Inspector determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by sign owner, or if the sign owner cannot be determined, by the property owner, and if not paid, shall be a lien upon the land or premises where the nuisance arose, and shall be collected as unpaid taxes. (G) Removal of Other Sims. The Land Use Administrator shall have the authority to remove summarily any signs prohibited under Section 7-3 hereinbefore. Further, the owners of said signs shall be subject to other remedies set forth in Section 7-9. (H) Stay Upon Appeal. In the event of a timely appeal of a decision of the Land Use Administrator to the Board of Adjustment, enforcement of all proceedings and the furtherance of the action appealed from is stayed, unless the Land Use Administrator certifies to the Board of Adjustment that a stay would cause imminent peril to life or property. 126 Section 7-9: Nonconforming Signs (A) After the effective date of this Article, it shall be unlawful for any person to erect or maintain any sign which does not conform to the requirements set forth herein. (B) All nonconforming off -premise signs (and their sign structures) which did not conform as of the effective date of this Section with the requirements of the sign regulations adopted in this Article, shall be made conforming or removed within twenty-four (24) months of the effective date of this Article. In no event shall any such sign (and sign structure) be allowed for a period in excess of twenty-four (24) months after it first becomes nonconforming pursuant to the terms of this Article. (C) All nonconforming on -premise signs existing on the date of the adoption of this Ordinance shall be allowed to remain unless replaced or damaged greater than 50% of the value of the sign. If replaced or damaged greater than 50% of the value of the sign, the replacement on - premise sign shall be a conforming ground sign. All nonconforming off -premise signs (and their sign structures) which conformed as of the ' effective date of this Section with the requirements of the sign regulations adopted in this Section, shall be made conforming or removed within twenty-four (24) months of the effective date of this Section. In no event shall any such sign (and sign structure) be allowed for a period in excess of twenty-four (24) months after it first becomes nonconforming pursuant to the terms of this Article. All off -premise signs (and their sign structures) which are made nonconforming by a subsequent amendment to the Sign Regulations of the Town of Burgaw, or by amendment to the official zoning map or by extension of the corporate limits shall be made conforming or removed within twenty-four (24) months of the effective date of said amendments or extension. As of the effective date of this Article, all signs (and their sign structures) which were nonconforming but which were granted a permit as a result of a variance granted by the Planning and Zoning Adjustment Board, with such variance granted prior to the effective date of this Section, shall be made conforming or removed within twenty-four (24) months of the effective date of this Article. In the event that a nonconforming off -premise sign has been made nonconforming by an extension of the sign area initially permitted for that sign, the extension shall not be allowed to continue after the copy which includes that extension has been changed. 127 All portable and moveable display signs (and their sign structures) which are made nonconforming as a result of the passage of this Article or from the passage of an amendment to this Section, or the official zoning map, shall be removed within ninety days (90) of the effective date of this Article. All temporary signs (and their sign structures) which are made nonconforming as a result of the passage of this Section or from the passage of an amendment to this Article, or the official zoning map, shall be removed within ninety (90) days of the effective date of this Article. (D) All on -premise and off -premise signs which were erected as of the effective date of this Section and which do not exceed by more than twenty percent (20%) the size, height, setback, spacing, or other dimensional requirements hereunder shall be considered as conforming to the terms of this Section and not subject to the foregoing removal requirements. Nothing herein shall permit any such on -premise or off -premise sign to be renovated or remodeled such that the initial percentage by which the sign exceeds those requirements is increased in any manner. Further, adjacent off -premise signs shall jointly be allowed only one 0) single twenty percent (20%) allowance for the space between them in computing the spacing requirement set forth in Section 7-5(B) (3). (E) All off -premise signs which conform with all the requirements of this Section, except the spacing requirement set forth in Section 7-5 (B) (3), within twenty-four (24) months of the effective date of this Article shall be considered as conforming to the terms of this Section and not subject to the foregoing removal requirements. (F) During the time periods set forth above for removal or conformance of nonconforming signs or uses, such nonconforming signs, sign structures, or uses as described above shall be maintained as provided for in Section 7-6, but shall not be: (1) Changed to or replaced by another nonconforming sign; (2) Structurally altered (except to meet safety requirements); (3) Altered so as to increase the degree of nonconformity of the sign; (4) Expanded; 128 (5) Re-established after its discontinuance for sixty (60) days; (6) Continued in use after cessation of business or change of the type of business use to which the sign pertains; or (7) Re-established after its discontinuance for sixty (60) days; (8) Continued in use after cessation of business or change of the type of business use to which the sign pertains; or (9) Re-established after damage or destruction if the estimated cost of reconstruction exceeds fifty (50) percent of the appraised value, as determined by the Land Use Administrator. Section 7-10: Variances (A) In accordance with the procedures stated in the By-laws for the Planning and Zoning Adjustment Board said Board shall have the power to hear and act upon applications for a variance which meet the following requirements: (1) If the applicant complies strictly with the provisions of this Article, the applicant can make no reasonable use of the sign allowed; and (2) If the hardship of which the applicant complains is unique, or nearly so, and is suffered by the applicant rather than by owners of surrounding properties or the general public; and (3) If the hardship relates to the applicant's land (such as the terrain of the site) rather than to personal circumstances; and (4) If the variance will neither result in the extension of a nonconforming use nor authorize the initiation of a nonconforming use; and (5) If the variance is in harmony with the general purpose and intent of this Article and preserves its spirit and if the variance secures the public safety and welfare and does substantial justice. 129 (B) In granting a variance, the Board of Adjustment shall make written findings that all of the above listed requirements have been met. If a variance is granted, it shall be the least possible deviation from the requirements of this Article. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Article. Violations of the provisions of the variance granted, including any conditions or safeguards, which are a part of the grant of the variance, shall be deemed a violation of this Article. Section 7-11: Severability Clause If any section, subsection, sentence, clause, or phrase of this Article is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Article. The Board of Commissioners hereby declares that it would have passed this Article and each section, subsection, sentence, clause, or phrase thereof irrespective to the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. Section 7-12: Effective Date This Article shall replace any existing sign ordinance and become effective upon adoption of the Town of Burgaw Unified Development Ordinance. 130 ARTICLE 8. FLOOD HAZARD MITIGATION ' PART I. REGULATIONS FOR FLOOD DAMAGE PREVENTION 1 Section 8-1: Purpose It is the purpose of this section to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or rvelocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; ' Section 8-2: Lands to Which These Regulations Apply ' These regulations shall apply to all areas of special flood hazard overlay district within the planning jurisdiction of the Town of Burgaw, North Carolina, as delineated on the Town of Burgaw Official Zoning Map. The floodplain district is an overlay district and all applicable regulations of zoning districts located within the floodplain overlay district shall apply, except for yard, area, and height requirements as specified in Section 14-9. Section 8-3: Establishment of Development Permit A Development Permit shall be required in conformance with the provisions of this Ordinance prior to the commencement of any development activities. Section 8-4: Warning and Disclaimer of Liability The degree of flood protection required by this Ordinance is considered responsible for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply ' that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the Town of Burgaw or 131 by an officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder. Section 8-5: Development Permit and Certification Requirements Application for a Development Permit shall be made to the Land Use Administrator on forms furnished by the administrator prior to any development activities. The Development Permit shall include, but not be limited to, plans in duplicate drawn to scale showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities. Specifically, the following information is required: (A) A plot plan that shows the 100-year floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either Section 8-6u) or Sections 8-10 and 8-11. The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. (B) The plot plan required by Section 8-5(A) must show the floodway as identified by the , Federal Emergency Management Agency or pursuant to either Section 8-60) or Section 8-10, or the setback required for streams without designated floodways as required by ' Section 8-10(B). No development/construction of structures shall be allowed within the floodway. (C) Where base flood elevation data is provided as set forth in Section 8-6u), the application for a Development Permit within the flood hazard area shall show: (1) the elevation (in relation to mean sea level) of the lowest floor (including basement) , of all new and substantially improved structures, and (2) if the non-residential structure will be floodproofed in accordance with Section 8-9(B), the elevation (in relation to mean sea level) to which the structure will be floodproofed. ' (D) Where the base flood elevation data is not provided, the application for a development permit ' must show construction of the lowest floor at least 2'/z feet above the highest adjacent grade. 132 ' (E) Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include: a description of the extent of watercourse alteration or relocation; 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; a map showing the location of the proposed watercourse alteration or relocation; and a copy of any state or federal permit required for development. (F) When a structure is floodproofed, the applicant shall provide a Floodproofing Certificate TEMA Form 81-65) from a registered professional engineer or architect that the non- residential floodproofed structure meets the floodproofing criteria in Section 8-9(B). (G) An Elevation Certificate (FEMA Form 81-31) or a Floodproofing Certificate (FEMA Form 81-65) is required after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the Land Use Administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty- one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Land Use Administrator shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to ' submit the survey or failure to make said corrections required hereby shall be cause to issue a stop -work order for the project. Section 8-6: Duties and Responsibilities of the Land Use Administrator Duties of the Land Use Administrator shall include, but not be limited to: (A) Review all development permits to assure that the requirements of this Ordinance have been satisfied. 133 (B) Advise permittee that additional Federal and State permits may be required, and if specific Federal and State permits are known, require that copies of such permits be provided and maintained on file with the development permit. (C) Notify adjacent communities and the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (D) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying capacity is not diminished. (E) Prevent encroachments of utilities/infrastructure within floodways unless the certification and flood hazard reduction provisions of Article 8 are met. (F) Obtain actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Section 8- 5 (G). (G) Obtain the actual elevation ( in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with Section 8-5(G). (H) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with Section 8-9(B). (I) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section. (J) When base flood elevation data or floodway data has not been provided in accordance with Section 8-6, obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a Federal, State, or other source, including data developed pursuant to Section 8-9(D), in order to administer the provisions of this Ordinance. 134 (K) When the exact location of boundaries of the areas special flood hazards conflict with the ' current, natural topography information at the site the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. A copy of the Letter of Map Amendment issued from FEMA will be maintained by the Land Use Administrator ' in the permit file. ' (L) Make on -site inspections of projects in accordance with Section 8-7. ' (M) Serve notices of violations, issue stop -work orders, revoke pennits, and take corrective actions in accordance with Section 8-7. (l) Maintain all records pertaining to the administration of this Ordinance and make these records available for public inspection. Section 8-7: Administrative Procedures ' (A) Inspections of Work in Progress: As the work pursuant to a permit progresses, the Land Use Administrator shall make as many inspections of the work as may be necessary to ensure that ' the work is being done according to the provisions of the local Ordinance and the terms of the permit. In exercising this power, the Land Use Administrator has a right, upon ' presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action. ' (B) Stop -Work Orders: Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, the Land Use Administrator may order ' the work to be immediately stopped. The stop -work order shall be in writing and directed to the person doing the work. The stop -work order shall state the specific work to be ' stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop -work order constitutes a misdemeanor. (C) Revocation of Permits: The Land Use Administrator may revoke and require the return of the development permit by notifying the permit holder in writing stating the reason for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state or local law may also be revoked. 135 (D) Periodic Inspections: The Land Use Administrator and each member of his inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (E) Violations To Be Corrected: When the Land Use Administrator finds violations of applicable State and Local laws, it shall be his duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law in the property he owns. PART II. PROVISIONS FOR FLOOD HAZARD REDUCTION Section 8-8: General Standards In all areas of special flood hazard, the following provisions are required: (A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; (B) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage; (C) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages; (D) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (E) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (F) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (G) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and 136 (H) An alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this Ordinance, shall meet the requirements of "new construction" as contained in this Ordinance. (I) Non -Conforming Buildings or Uses. Non -conforming buildings or uses may not be enlarged, replaced, or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this Ordinance. Provided, however, nothing in this Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this Ordinance and located totally or partially within the floodway or stream setback, provided that the bulk of the building or structure below base flood elevation in the floodway or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Ordinance. Section 8-9: Specific Standards In all areas of special flood hazard where base flood elevation data has been provided, as set forth in Article 8, the following provisions are required: (A) Residential Construction. New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than two and one-half feet above the base flood elevation based on an elevation survey by the licensed land surveyor. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. (B) Non -Residential Construction. New construction or substantial improvement of any commercial, industrial, or non-residential structure shall have the lowest floor, including basement, elevated no lower than two and one-half feet above the level of the base flood elevation. Structures located in A zones may be floodproofed in lieu of elevation provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in Section 8-5. 137 (C) Manufactured Homes. (1) Manufactured homes that are placed or substantially improved on sites (i) outside a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision; or, (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" (see Section 2-2, #217) as the result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated no lower than two and one-half feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (2) Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the provisions of Section 8-9(C) (3) of this Ordinance must be elevated on reinforced piers or other structural elements so that the lowest floor of the manufactured home is no lower than two and one-half feet above the base flood elevation and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement. (3) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of this requirement, manufactured homes must be anchored to resist flotation, collapse, or lateral movement in accordance with the Regulations for Manufactured Homes and Modular Housing adopted by the Commissioner of Insurance. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above 36 inches in height an engineering certification is required. (4) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Land Use Administrator and the local Emergency Management coordinator. 138 (D) Recreational Vehicles. A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick -disconnect type utilities and security devices, and has no permanently attached additions. Recreation vehicles placed on sites shall either: (1) be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use; or (2) meet the requirements of Section 8-5 and Sections 8-8 and 8-9(C). (E) Elevated Buildings. New construction and substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to preclude finished living space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. (1) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (a) Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (b) The bottom of all required openings shall be no higher than one foot above grade; and, (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (2) Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). (3) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas. 139 M Temporary Structures. Prior to the issuance of a development permit for a temporary structure the following requirements must be met: (1) All applicants must submit to the Land Use Administrator prior to the issuance of the development permit a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information: (a) A specified time period for which the temporary use will be permitted; (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 48 hours before landfall of a hurricane or immediately upon flood warning notification); (d) A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed; and, (e) Designation, accompanied by documentation, of a location outside the floodplain to which the temporary structure will be moved. (2) The above information shall be submitted in writing to the Land Use Administrator , for review and written approval. , (G) Accessory Structure. When accessorystructures sheds detached garages, etc ( g g .) with a value of $3,000 or less, are to be placed in the floodplain the following criteria shall be met: ' (1) Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking, or restroom areas); ' (2) Accessory structures shall be designed to have low flood damage potential; , (3) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; 140 (4) Accessory structures shall be firmly anchored in accordance with Section 8-8(A). (5) Service facilities such as electrical and heating equipment shall be installed in accordance with Section 8-80. (6) Openings to relieve hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with Section 8-9(E). (H) Floodways. Located within areas of special flood hazard established in Article 8, Part I, are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of flood waters which carry debris and potential projectiles and has erosion potential. The following provisions shall apply within such areas: (1) No encroachments, including fill, substantial improvements, and other developments shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such certification and technical data shall be presented to the Land Use Administrator. Permanent, temporary, or accessory structures/buildings shall not be permitted in the floodway. (2) If Section 8-8(H) (1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 8, Part II. Section 8-10: Standards for Streams Without Established Base Flood Elevations and/or Floodways Located within the areas of special flood hazard established in Article 8, Part I are small streams where no base flood data has been provided or where no floodways have been identified. The following provisions apply within such areas: (A) No encroachments, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of twenty feet each side from top of bank, unless certification with supporting technical data by a registering professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 141 (B) If Section 8-1O(A)is satisfied and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of and Article 8, Part II shall be elevated or floodproofed in accordance with elevations established in accordance with Section 8-6(j). When base flood elevation data is not available from a federal, state, or other source, the lowest floor, including basement, shall be elevated at least two and one half (2-1/2) feet above the highest adjacent grade. (Two feet is the minimum requirement). Section 8-11: Standards for Subdivision Proposals and Major Developments (A) Proposals for subdivisions and major developments shall be consistent with the need to minimize flood damage; (B) Proposals for subdivisions and major developments shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (C) Proposals for subdivisions and major developments shall have adequate drainage provided to reduce exposure to flood hazards, and, (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres. Section 8-12: Legal Status Provisions (A) Effect Upon Outstanding Building Permits. Nothing herein contained in Parts I and II shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted by the Chief Building Inspector or his authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of sixty (60) days subsequent to passage of this Ordinance, construction, or use shall be in conformity with the provisions of this Ordinance. Section 8-13: Variances with Floodplain Areas (A) Variances may be issued for the repair or the rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's 142 continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (B) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this Ordinance, and: (1) the danger that materials may be swept onto other lands to the injury of others; (2) the danger to life and property due to flooding or erosion damage; (3) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) the importance of the services provided by the proposed facility to the community; (5) the necessity to the facility of a waterfront location, where applicable; (6) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) the compatibility of the proposed use with existing and anticipated development; (8) the relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) the safety of access to the property in times of flood for ordinary and emergency vehicles; (10) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (11) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. (C) A written report addressing each of the above factors shall be submitted with the application for a variance. 143 (D) Upon consideration of the factors listed above and the purposes of this Ordinance the , rp , appeal board may attach such conditions to the granting of variances as it deems necessary ' to further the purposes of this Ordinance. (E) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (F) Conditions for Variances: (1) Variances may not be issued when the variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship; and, (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increase risk resulting from the reduced lowest floor elevation. Such notification shall be maintained with a record of all variance actions. (5) The administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Section 8-14: Appeal from the Board of Adjustment An appeal from the decision of the Board of Adjustment may be made to the Pender County Superior Court within thirty (30) days after the decision is made by the Board, but not thereafter. 144 I ARTICLE 9. REGULATIONS FOR LANDSCAPING F Section 9-1: Purpose and Intent The Town of Burgaw Tree Board deems it necessary and desirable in the interest of public health, safety, and general welfare to enact an ordinance for the preservation, planting, and replacement of trees and shrubbery and to prevent the indiscriminate pruning and removal of trees in town without denying the reasonable use and enjoyment of real property. The importance of trees and shrubbery is recognized for their shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of all real property and their contribution to the general well-being of the citizens of the town. Certain streets have a history of significant and attractive vegetative corridors which has contributed to a realization of increase property value and general improvement of that specific neighborhood. Furthermore, this Ordinance is intended to: (A) Regulate and control the planting of trees and shrubbery for town property, developing private property including commercial, industrial, and multi -family residential developments, and property clearing. (B) To conserve energy and retard stormwater runoff while aiding in noise, glare, and heat abatement. (C) To safeguard and enhance property value to protect public and private investment through the protection of significant existing trees. (D) To provide visual buffering and enhance town beautification through new landscaping standards. (E) To prevent the indiscriminate removal of trees and facilitate their replacement on public and private property for new and expanding developments. Section 9-2: Tree Planting on Public Property The town encourages the planting of trees and other approved vegetation by private individuals, groups, and businesses on public property and along street rights -of -way. However, to obtain maximum benefit from those efforts, all plantings on public rights -of -way or public property owned by the town, its agents, boards, or commissions shall be done in accordance with predetermined guidelines set forth by the Tree Board on a per request basis. 145 The Town of Burgaw Street Department shall have the authority to maintain trees and shrubbery planted on public rights -of -way or public property owned by the town, its agents, boards, authorities, or commissions. Except by permit, construction activity within the drip line of a regulated tree is prohibited. Activities include, but are not limited to, trenching and grading, storage of materials or equipment, passage of heavy equipment within the drip line and spillage of chemicals or other materials which are damaging to trees. Section 9-3: Trees and Shrubbery in or along Streets and Sidewalks (A) Citizens may plant trees in front of their lots and along the sidewalks adjacent to their property under the supervision of the Land Use Administrator, but no trees shall be planted in the streets, gutters, or ditches of the town. The Land Use Administrator shall notify all persons having trees in front of their lots to have them properly trimmed either by a company engaged in the business of tree trimming or by the property owners themselves following acceptable pruning standards. During normal street right-of-way maintenance by the Public Works Department, all town employees involved in trimming of trees shall operate under the direction of the Land Use Administrator and in accordance with acceptable pruning standards. In addition, all other public service or utility companies shall also follow the guidelines for acceptable pruning standards and shall notify the town prior to maintenance within the jurisdiction. (B) The cutting, trimming, destruction, lopping of branches or mutilation in any manner of trees or shrubbery standing along, in or extending over the street right-of-way of any municipal or state maintained street by any person is hereby prohibited, except when done under the supervision and according to the direction of the Land Use Administrator. Section 9-4: Street Yard Landscaping (A) A street yard, as defined herein, must be provided for new construction of principal structures or expansions to such structures or uses whenever additional off-street parking is required. However, no such street yard improvements shall be required for those portions of lot frontage used for driveways. (B) When a street yard is required, it must be at least eight (8) feet in width and extend the entire length of the adjacent street right-of-way. It is intended that street yards be landscaped by meeting the requirements of either (1) or (2) as follows: 146 U I (1) Minimum standards — For every fifty (50) linear feet of frontage, or fraction thereof, the street yard shall contain (i) one (1) tree, eight (8) feet in height OR (ii) three (3) flowering trees, five (5) feet in height. (2) Creative standards — To promote creative designs, street yards may consist of trees and shrubbery which cover at least fifty (50) percent of its area and are selected in accordance with subsection (E) below. (C) No more than fifteen (15) percent of the required street yard shall be covered with an impervious surface. This portion of the street yard may be used for walkways, fountains, walls or fences, but not for parking or storage. (D) If there are existing trees in the proposed street yard area, the Land Use Administrator may grant credit toward meeting Section 9A for preservation of those trees provided their caliper is at least two (2) inches or more. (E) All street yards shall be landscaped with a combination of live vegetation, groundcover, grass, trees, and/or shrubs. Vegetation to be planted pursuant to this section shall be selected from the list approved by the Tree Board. After the landscaping has been planted, the owner shall maintain the street yard to ensure that the material lives and prospers. Section 9-5: Parking Facilities Landscaping (A) All parking facilities containing more than four spaces shall submit the site plan required by this Ordinance to the Land Use Administrator for review and approval of the landscaping requirements of the section. (B) Minimum standards: At least eight (8) percent of the gross paved area of a parking facility shall be landscaped and located in the interior. For purposes of this section, interior shall mean the area within the parking facility curb or pavement and extensions that create a common geometric shape such as a square, rectangle or triangle. (1) Trees and shrubbery planted pursuant to this section shall include at least one tree a minimum of eight (8) feet in height and six (6) shrubs at least eighteen (18) inches in height at planting. At least fifty (50) percent of the trees planted shall be of a shade/canopy species as outlined by the Tree Board. 147 (2) The minimum planting size for trees under this section shall be the same as established in Section 9-4. (3) In support of the above, the following standards shall apply to interior plantings: (a) All plantings shall be evenly distributed throughout the parking facility. (b) All interior plantings shall be curbed or otherwise physically protected. (c) Consecutive parking spaces shall incorporate landscape peninsulas no more than fifteen 0 5) spaces apart and at least the ends of all parking rows. Peninsulas shall contain at least one hundred (100) square feet in area and at least eight (8) feet in width, measured from back of curb/barrier to back of curb/barrier. (4) For every regulated tree, as defined herein, that is retained in a parking facility in addition to the requirements of Section 9-4, a reduction to the above eight (8) percent interior planting requirement may be allowed equaling one-half of one percent per regulated tree retained. The reduction shall be limited to a maximum credit of two (2) percent or four (4) regulated trees retained. (C) For parking facilities containing five (5) to twenty-four (24) spaces or stalls inclusive, a perimeter landscape strip may be provided in lieu of interior landscaping, subject to the following requirements: (1) The minimum width of such strip shall be five (5) feet. (2) For every fifty (50) linear feet or fraction thereof the perimeter landscape strip shall contain one (1) canopy tree of at least five (5) feet in height, and a continuous row (at least six) of evergreen shrubs at least eighteen (18) inches in height. (3) Where a perimeter landscape strip overlays a street yard or bufferyard required elsewhere in this section, the more stringent requirements shall apply. IN All perimeter landscaping strips shall be planted with a combination of live vegetation, groundcover, grass, trees, and/or shrubs. Vegetation planted pursuant to this section shall be selected from the list approved by the Tree Board and shall be maintained to ensure continued growth. (D) When a parking facility is within fifty (50) feet of the public right-of-way a perimeter planted strip shall be installed, consisting of a low buffer incorporated into the streetyard. (E) The Tree Board may waive all or part of the requirements of this section for any facility which is limited to periodic or intermittent use for vehicular parking, such as parking lots for churches or recreational facilities, provided the facility is completely covered by grass or otherwise presents a landscaped effect. (F) The Tree Board may waive the requirements of this section for temporary parking lots when determined that a waiver is necessary to relieve hardship and will not violate the purposes of this section. Any such waiver shall not exceed one year. Section 9-6: Removal of Trees; Permit Required (A) No person, directly or indirectly, shall remove any regulated tree from applicable public or private property without first obtaining a tree removal permit. (B) All persons seeking a permit for removal of a regulated tree shall make application to the officer. The application shall be in writing and specified herein. ' (C) The officer shall review all properly submitted applications for tree removal permits and shall grant or deny a permit in accordance with the provisions of this section within five (5) working days of submittal. In applying the provisions of this section, he shall follow normal landscaping practices and may seek technical assistance from landscaping professionals, as appropriate. (D) Whenever the applicant can show that essential site improvements cannot be accommodated on the site without the removal of regulated trees, tree removal permits shall be issued. (E) Applications for tree removal permits shall include the following information: Name and address of property owner of the site; address of the construction site or site of tree removal if different than property owner's legal address; name, address, and telephone number of zz applicant if different from property owner; description of regulated trees to be removed or a site plan, as required herein, for trees to be retained. (F) All new construction, as defined herein, shall, in addition to (E) above, submit a site plan containing the following information: (1) The shape and dimensions of the real property to be developed, together with the existing and/or proposed locations of structures and improvements, existing and/or proposed utility services, roadways, bikeways, walkways, and parking areas; (2) The location, caliper and species of all regulated trees to be retained or new trees to be planted in accordance with the provisions of this section. (3) The proposed relocation of any existing regulated tree with a statement of how the tree is to be relocated and maintained; (4) Any proposed grade changes which might adversely affect or endanger any regulated tree to be retained with a statement of how the tree is to be protected and maintained; and (5) The proposed method of protecting the remaining regulated trees during I construction, in accordance with this section. An approved tree removal permit for new construction shall apply to the entire site. A tree removal permit may be either attached to the submitted site plan or the site plan may be clearly marked for either approval or denial. (G) Unless the applicant is engaged in new construction, no tree removal permit shall be issued unless one of the following criteria are met: (1) The regulated tree is dead, severely diseased, injured, or in danger of falling close to existing or proposed structures; (2) The regulated tree is causing disruption of existing utility service or causing drainage or passage problems upon the right-of-way; (3) The regulated tree violates state or local safety hazards; 150 Section 9-10: Tree Protection During Construction Except by permit, construction activities under the drip line of a regulated tree are prohibited Activities include, but are not limited to, treating or grading, storage of materials or equipment, passage or heavy equipment within the drip line and spillage of chemicals or other materials which are damaging to trees. When applying for a permit, the party doing construction work under the drip line of a regulated tree shall submit a plan showing in full detail the method or means by which a tree or trees will be protected during the entire construction process. The plan shall be subject to the approval of the Land Use Administrator or his/her designee. The plan must be approved prior to a permit being issued. Section 9-11: Maintenance (A) All planted and retained living material, required to meet the provisions of this section, shall be maintained by the owner of the property on which the material is located. Any planted material which becomes damaged or diseased or dies shall be replaced by the owner within sixty (60) days of the occurrence of such condition. If, in the opinion of the Land Use Administrator, there are seasonal conditions which will not permit the timely replacement of the vegetation (e.g., too hot or too cool for successful replanting), this requirement may be administratively waived until a time certain. (B) Nonliving screening buffers shall be maintained, cleaned, or repaired by the owner of the property on which the buffer is located. Such buffers shall be kept free of litter and advertising. Section 9-12: Authority of Public Works Director to Treat or Remove Trees on Private Property No foliage shall be allowed to extend from public or private property into any portion of a street right- of-way below a height of eight (8) feet above the grade of the sidewalk at the property line, or, if no sidewalk grade has been established the height shall be measured vertically above the center of the roadway. The Land Use Administrator may cause or order corrective action to prevent any such condition from existing. 154 streetyard and parking facility landscaping, the higher option shall be utilized except where town staff has determined that practical difficulties in site development exist in which the lower option is preferable. Tree Parking Amount of Expansion Preservation Street Yard Facilities 10-25% increase in gross floor 15/acre 8 feet 4% area or 5-20 new parking spaces as required by zoning ordinance, whichever is more restrictive 26-50% increase in gross floor 15/acre Full Width 6% area; or over 10,000 sq. ft. or 8 feet increase in gross floor area; or 21-50 new parking spaces as required by zoning ordinance, whichever is more restrictive. Greater than 50% increase in 15/acre Full width as 8% gross floor area; or over 20,000 required for new sq. ft. increase in gross floor area; construction or more than 50 new parking spaces required by zoning ordinance, whichever is more restrictive (B) When subdivision of previously developed property occurs and a building permit for new construction is obtained for any newly created tract within two (2) years of the effective date of the subdivision, all parcels of the original tract shall be subject to the above provisions for expansions to existing structures or uses. (C) For consecutive expansion occurring within a two-year period, the amount of the expansions shall be summed and the maximum landscaping requirements for the total extent of the expansions shall be provided. (D) Notwithstanding the above requirements, expansions to existing structures or uses amounting to not more than a total increase of five hundred (500) square feet in gross floor area over a two-year period shall be exempted from meeting the streetyard and parking facility landscaping requirements. 153 (B) No tree removal permit shall be issued in conjunction with projects involving new construction unless the project has met one of the minimum standards outlined below: (1) If a regulated tree exists in the front, rear, or side yard of any development affected by this section, it shall be retained. The total number of trees to be retained shall be at least fifteen (15) regulated trees per acre. For sites proposed for partial development, only the acreage of that portion of the site to be developed shall be utilized in calculating the number of trees to be preserved. The undeveloped portion shall not be utilized in calculating the number of trees to be preserved or in determining the number of retained regulated trees. (2) If there are less than fifteen (15) regulated trees per acre on the site, then the difference shall be replaced with new or existing trees, to a total of fifteen 0 5) trees per acre equaling at least two (2) caliper inches per tree planted or retained. Regulated trees that are retained may be used to fulfill some of the landscaping requirements of the street yard, parking facilities, or bufferyard sections, provided they are adequately protected from damage by construction activities or the intended use of the property. (C) If any new, retained, or regulated tree, shown on the approved site plan dies within twelve 0 2) months after the issuance of the certificate of occupancy, it shall be replaced by planting a new tree with a minimum caliper of two (2) inches. For unauthorized removal of a new, retained, or regulated tree during construction or after the issuance of the certificate of occupancy, its replacement shall be the planting of a new tree, with a minimum caliper of five (5) inches, in addition to any other enforcement provisions available within this section. (D) In accordance with the exemptions cited in Section 9-11 herein, the Building Inspector may approve the issuance of a building permit without the review and approval of the Land Use Administrator. Section 9-9: Landscaping Required for Expansions to Existing Principal Structures (A) For expanding existing principal structures or uses constructed after July 1, 1998, the following table shall be utilized in calculating the extent of the landscaping upgrade required for the previously developed portions of the site (up to the maximum landscaping requirements of this section). All newly developed portions of the site shall be subject to the full landscaping requirements of this section. For expansions where options are listed for 152 ' (4) Removal of the regulated tree is necessary to enhance or benefit the health or condition of adjacent trees or property. A tree removal permit shall be issued for a qualified application as cited above and shall apply to the specifics of that request. (H) The Tree Board may consider alternatives to the application requirements when the tree removal permit requirements impose a substantial hardship. ' (I) The town may withhold or withdraw any town -issued permits, certificates, and any other authorizations, including but not limited to, building permits, driveway permits, and certificates of occupancy, until a tree removal permit is obtained. A tree removal permit or exemption for permit must be obtained before a soil and sedimentation control permit or ' building permit may be issued. (17 Tree removal permits are valid for a period of ninety (90) days. Permit extensions may be granted upon evidence that the delay was due to circumstances beyond the control of the applicant. Section 9-7: Property YClearin for Nondevelo m ental Purposes (A) A tree removal permit shall not be issued for nondevelo mental roe clearing unless a P property rt3' g statement is provided by the owner agreeing to comply with the tree replacement provisions ' of Section 9-8. (B) Upon completion of the property clearing, the owner must remove all cut timber and related vegetative debris from the property and repair any damage that may cause standing water and a potential breeding point for mosquitoes. Lot repair must be completed within 90 days from the date of permit issuance. Section 9-8: Tree Preservation and Replacement (A) It is the intent of this provision to promote the retention and replanting of trees consistent with quality development practices. A tree removal permit shall be issued prior to any clearing, grading or other construction activity beginning on a site which is regulated by these provisions. 151 Section 9-13: Pruning Requirements ' A permit is not required for the pruning of trees. However, in order to prevent excessive pruning and topping of trees and to prevent pruning that will be hazardous to the health and natural appearance to the ' tree, compliance with approved pruning standards is required, and failure to meet these standards is a violation of this section. The Public Works Director shall maintain on file at all times a copy of the current edition of Pruning Standards by the American Society of Consulting Arborists and shall make copies of such standards available for the cost of reproduction upon request. Section 9-14: Exemptions (A) The Land Use Administrator may waive the requirements of this section during an emergency such as a hurricane, tornado, windstorm, tropical storm, flood, or other act of ' God. (B) If any regulated tree shall be determined to be in a hazardous condition so as to (a) immediately endanger the public health, safety, or welfare, or (b) cause an immediate disruption of public service, the Public Works Director may determine that replacement with additional trees is necessary. In making determinations, the Public Works Director shall utilize such professional criteria and technical assistance as may be necessary. (C) This section shall not apply to the following types of property in the manner noted: r(1) Except for the construction of single-family residences in subdivisions prior to the recording of a final plat for the subdivision, single-family residences are exempt from this section. ' (2) Property used for a business primarily engaged in the sale and display of motor vehicles, manufactured housing, boats, recreational vehicles, or similar equipment may have the required landscaping within the streetyard installed at a minimum height of eighteen (18) inches at planting and not exceeding three (3) feet at maturity. 155 I ARTICLE 10. BUFFER STRIPS Whenever a buffer strip is required by this Ordinance, such strip shall meet the specifications of this Section, unless different specifications are given in the Section where the buffer strip is required: (A) A buffer strip shall consist of a planted strip which shall be a minimum of 10 feet in width, shall be composed of evergreen bushes, shrubs, and/or trees such that at least two rows of coverage are provided from the ground to a height of six feet within six years and foliage overlaps. A buffer strip may also be constructed of stone, block, brick, or other suitable building material, with a minimum height of five feet. The 10 feet required for the buffer strip shall be in addition to all normal front, rear, and side yard setback requirements of this chapter. (B) Buffer strips shall be required in the following situations, as well as in any others specified in other sections of this Ordinance: whenever a manufacturing, processing, retail, wholesale trade, or warehousing use or public utility installation is established, a buffer strip shall be provided wherever the lot on which the use is established abuts or is across an easement or right-of-way from land zoned for residential use. (C) All buffer strips shall become part of the lot on which they are located, or in the case of commonly owned land, shall belong to the homeowners' or property owners' association. (D) The buffer strip shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner, or, if the property is rented, the lessee. (E) If a natural screen is already in place which will adequately fulfill the purpose of the buffer strip, the Land Use Administrator may, in writing, allow a substitution of all or part of this screen for the buffer strip. Written permission of the Land Use Administrator shall be obtained before removing an existing natural buffer in the location on the required buffer strip. (F) Where, because of intense shade or soil conditions, a planting screen cannot be expected to thrive, the Land Use Administrator may, in writing, allow substitution of a well -maintained wooden fence or masonry wall at least six feet in height. 156 (G) Where it is clear that a different buffer will protect neighboring property from harmful effects, ' the Board of Adjustment or Board of Commissioners, for special uses, may modify the buffer , up to 5 feet and one row of vegetation. (H) For special and conditional uses, the Board may require a maintenance bond for the buffers, ' as a condition of approval. 157 ARTICLE 11. OPEN SPACE ISee Article 4, Part I, Section 4-1(M) Conservation/Preservation (C/P) District and Part IV, District Regulations. ARTICLE 12. TELECOMMUNICATION TOWERS ' Section 12-1: Purpose ' The purpose of this section is to establish a framework within which to better understand telecommunication towers. To this end, it has been established that various types of towers are available and ' co -location is highly advantageous. Section 12-2: Applicability This section shall apply to all telecommunication towers locating within the planning and zoning jurisdiction of the Town of Burgaw after the effective date of passage of this Ordinance. Section 12-3: Where Permitted Telecommunication towers shall be permitted in B-2, I-1, and 1-2 zoning districts. Transmission towers may be sited on any held tract of land exceeding one-half (1/2) acre in size. The site shall be fenced with an eight (8) foot high fence, landscaped, and buffered (see Article 10, Buffer Strips). A Conditional Use Permit granted by the Town of Burgaw Board of Commissioners shall be required. Towers may be erected on an existing building without a Conditional Use Permit being issued. The tower shall not exceed forty feet in height. Section 12-4: Type of Tower In permitted districts either a lattice tower or monopole tower is allowed. The Board of Commissioners will carefully consider the advantages and disadvantages prior to a final decision. Any erected tower should be of a neutral color. Tower manufacturers shall be required to provide evidence of the self - collapsing features of any tower erected. Section 12-5: Co -Location and Height Stipulations (A) As part of the permit requirement co -location is mandatory unless the applicant can clearly show that such a requirement can not adequately meet the projected customer needs. (B) As part of the permit requirement the owner(s) of the tower agrees to allow for the co - location of additional antennas at a reasonable lease rate in the future. If a lease agreement 159 cannot be reached by the parties involved, mediation of a third party shall be attempted. In the event that mediation fails, a court of competent jurisdiction shall determine the appropriate action. (C) For the purpose of co -location, all towers to be constructed shall be able to accommodate a minimum of (2) cellular antennas and at least one personal communication system antenna. (D) When co -location occurs, there is no necessity for an otherwise required Conditional Use Permit. (E) The Town of Burgaw reserves the right to enter into negotiations with the owner of any tower for the purpose of municipal use. (F) Height shall be limited to a maximum of 200 feet in all districts. Section 12-6: Supplemental Use of Towers (A) Adequate provisions by the carrier shall be made to ensure that the placement of transmitters for emergency services is made available. (B) No commercial messages shall be placed on any tower. Section 12-7: Old Towers and Advanced Technology (A) Abandoned towers (those not used for a period of six months or more) shall be removed by carriers. (B) Should technology changes render the height of the tower excessive, the Zoning Enforcement Officer may require that the tower be reduced in height, replaced, or removed. Section 12-8: Power Output It shall be the carrier's responsibility to present evidence that the power output from the tower does not exceed federally approved levels for exposure for electromagnetic forces. W 11 Section 12-9: Periodic Review of Permits ' The permit for the operation of a tower shall be for a period not to exceed seven years. At the end of each permit period, the tower owner(s) shall submit to the Planning Board designated technical and market ' information documenting the continued need for the tower and the lowest feasible tower height. If this tower height is seventy percent or less of the existing height of the tower, the owner shall be required to reduce the ' tower height to the lower height. Section 12-10: Setbacks In addition to the district setback requirement any tower in excess of seventy-five feet shall add one additional foot to all setbacks for each foot the tower exceeds 75 feet in height. IM. ' ARTICLE 13. STORMWATER DISCHARGE CONTROL ' REGULATIONS ' Section 13-1: General Provisions (A) Title. Purpose. (1) This chapter shall constitute and be known, and may be cited as the "Stormwater ' Discharge Control Regulations of the Town of Burgaw, North Carolina." ' (2) The purpose of this chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased stormwater associated with future land ' development within the Town of Burgaw. Proper management of stormwater runoff will include the following beneficial effects: (a) will minimize damage to public and ' private property; (b) ensure a functional drainage system; (c) reduce the effects of development on land and stream channel erosion; (d) assist in the attainment and ' maintenance of water quality standards; (e) reduce local flooding and drainage problems; (f) maintain as nearly as possible the pre -developed runoff characteristics of the area; and (g) facilitate economic development by mitigating associated ' flooding and drainage impacts. ' (3) The application of this chapter and the provisions expressed herein shall be the minimum stormwater discharge control requirements and shall not be deemed a limitation or repeal of any other obligations imposed by State statute or judicial ' decisions. The Town Public Works Director or designee shall be responsible for the coordination and enforcement of the provisions of this chapter. ' (B) Definitions. As used in this chapter, unless the content clearly indicates otherwise, the following terms, phrases, and words, and their derivatives, shall have the meaning given herein: (1) Agriculture. Land -disturbing activities undertaken on land for the production of plants and animals useful to man, including, but not limited to, forages and sod ' crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, 162 horses, ponies, mules, or goats, including the breeding and grazing of any or all such animals; bees and apiary products; and fur animals. (2) As -built plan. Plans reflecting actual field conditions which may include the construction plans with any changes identified and shown on the plan. (3) Designer. A professional —who is permitted to prepare plans and studies required by this chapter. (4) Detention structure. A permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water. (5) Develop. The construction, landscaping, clearing projects or any other project which in any manner alters the natural structure of the land mass. (6) Development. Any site plan or subdivision. (7) Developed land use conditions. The land use conditions that would be permitted according to the current official Town Zoning Maps. .' (8) Developed peak discharge rates. The peak discharge rates, in cubic feet per second, calculated using developed land use conditions. (9) Drainage facilities. See storm drainage facilities. (10) Easement. Right of use over the property of another for a specific purpose or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement. 0 1) Existing land use conditions. The land use conditions existing at the time the design plans are submitted for approval, including previously approved upstream developments. (12) Forestry. A woodland area where all of the following occur: (a) the growing of trees; 163 (b) the harvesting of timber, leaves, or seeds; (c) the regeneration of either timely replanting of trees or natural generation in accordance with a forest management plan acceptable to the Division of North Carolina Forest Resources; (d) the application of "Best Management Practices," including the NC Department of Environment and Natural Resources, "Forest Practice Guidelines Related to Water Quality," and all successor documents. (13) Impervious surface. Any material that significantly reduces and prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roof, patios, balconies, decks, streets, parking areas, driveways, sidewalks, and any concrete, stone, brick, asphalt, or compacted gravel surface. (14) Infiltration. The passage or movement of water into the soil sub -surface. (15) Maintenance. Any action necessary to preserve drainage and flood control facilities in proper working condition, so that such facilities shall continue to comply with the standards of this chapter and to prevent failure of such facilities. Maintenance shall not include actions taken solely for the purpose of enhancing the aesthetics aspects associated with stormwater discharge control facilities. (16) On -site stormwater, discharge control facilities. The design and construction of a facilities necessary to control stormwater runoff within and for a single development. (17) Off -site stormwater, discharge control facilities. The design and construction of a facility necessary to control stormwater runoff for multiple sites. (18) Preliminary stormwater discharge control plan. The overall proposal to control discharges from the proposed development. Also included are the supporting engineering calculations, input data for any computer analysis, and results of any computer analysis needed for preliminary design of any stormwater discharge control facilities. This plan shall be in enough detail to determine if stormwater discharge control facilities will be needed. (19) Predevelopment. The conditions that existed prior to the proposed project, site plan, or subdivision being in place. 164 (20) Re-Rional stormwater, discharge control facilities. The design and construction of a facility capable of controlling stormwater runoff for a large portion of a watershed, usually located on the stream channel. This may be used in conjunction with on -site and off -site facilities. (21) Town of Bur.Raw Stormwater Management Technical Manual. Manual approved by reference in this chapter, by the Board of Commissioners, which presents recommended design procedures and criteria for conducting hydrologic and hydraulic evaluations. (22) Retention structures. A permanent structure that provides for the storage of runoff and is designed to maintain a permanent pool of water. (23) Storm drainage facilities. The man-made system of inlets, conduits, or other such facilities, and appurtenances which collect, store, and convey stormwater. (24) Stormwater discharge control design plan. The set of drawings and other documents that comprise all of the information and specifications for the drainage systems, structures, concepts, and techniques that will be used to control stormwater discharges as required by this chapter and the Town of Burgaw Stormwater Management Technical Manual. Also included are the supporting engineering calculations, input data for any computer analysis, and results of any computer analysis. (25) Subdivision. All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development, and all divisions of land involving the dedication of a new street or a change in existing streets; provided, however, that the following shall not be included within this definition: (a) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards contained herein; (b) the division of land into parcels greater than ten 0 0) acres where no street right-of-way dedication is involved; 165 (c) the public acquisition by purchase of strips of land for the widening or openings of streets; (d) the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards contained in Section 14-8 of this Ordinance. (26) Ten-year, twenty -five-year, fifty-year, and 100-year storms. Rainfall intensity with a probability of being equaled or exceeded, on the average, in any given year 10%, 4%, 2%, and 1 % of the time, respectively. The selected duration should produce the maximum peak rate of runoff for the watershed of interest, under average antecedent wetness conditions. (C) Scone of Chanter. No person shall develop any land without having provided for appropriate stormwater discharge control measures to control or manage stormwater runoff, in compliance with this chapter, unless included in the exemptions of (D) below. (D) Exemptions from Requirements. The following development activities are exempt from the provisions of this chapter. (1) Agricultural and forestry activities. (2) Additions or modifications to existing detached single-family dwellings, as long as the total impervious cover does not exceed 10% of the area of the lot. (3) Any residential development, single or multiple lot, that does not have an impervious area greater than 25% of the lot size. Section 13-2: Stormwater Discharge Control Preliminary and Design Plans (A) Stormwater, Discharge Control Preliminary and Design Plans (1) A preliminary stormwater, discharge control plan for each development shall be submitted for review and approval by the Town of Burgaw prior to preliminary plan or subdivision approval, unless exempted by (D) above. The preliminary I stormwater discharge control plan shall contain information as required by the Town of Burgaw Stormwater Management Plan Technical Manual (see Appendix I). ' (2) The purpose of the preliminary stormwater discharge control plan is to provide enough information, including engineering calculations, to determine if stormwater ' discharge control facilities will be needed to control runoff from the proposed development. ' (3) After a review of the preliminary stormwater discharge plan, the Town of Burgaw ' can: (a) accept the preliminary stormwater discharge control plan as submitted which calls for construction of stormwater discharge control facilities that comply with this chapter, or (b) reject the preliminary stormwater discharge control plan. If the preliminary stormwater discharge control plan is rejected, the Town of Burgaw shall specify what actions will be necessary to produce a plan that is acceptable to the town. (4) Upon approval of the preliminary stormwater discharge control plan, the applicant shall submit a final stormwater discharge control plan (as part of the construction plans) to the Town of Burgaw for review and approval, if stormwater discharge control facilities will be required. If the stormwater discharge control preliminary plan is submitted in sufficient detail and identifies the location and type of facilities needed, the Town of Burgaw can accept the preliminary plan as the final stormwater discharge control design plan. (B) Minimum Runoff Control Requirements and Wavier of Requirements. The minimum stormwater, control requirements shall provide control measures necessary to control velocities of flow from stormwater discharge control facilities to a level which will comply with both the North Carolina Soil Erosion Act and North Carolina Administrative Code Section 15A NCAC 2H.1000, Stormwater Management. In addition, stormwater discharge control measures shall be provided to limit the 10-year developed peak discharge rates to existing peak discharge rates. The design of these facilities shall be based on procedures contained in the Town of Burgaw Stormwater Management Technical Manual or procedures 167 approved by the Town of Burgaw. The Stormwater Best Management Practices by the NC Department of Environment and Natural Resources (NCDENR) should also be complied with where applicable. (C) Stormwater Discharge Control Facilities. (1) Stormwater discharge control facilities may include both structural and nonstructural elements. Natural swales and other natural runoff conduits shall be retained where practicable. (2) Where additional stormwater discharge control facilities are required to satisfy the minimum control requirements, the following measures are examples of what may be used. (a) Stormwater detention structures (dry ponds). (b) Stormwater retention structures (wet ponds). (c) Facilities designed to encourage overland flow, slow velocities of flow, and flow through buffer zones. 1 (d) On -site infiltration practices used to control runoff from small areas. I(e) Reduction of impervious surfaces directly connected to the drainage system. ' (f) Off -site channel improvements designed to contain a 10-year design storm under developed land use conditions (the analysis for the channel improvement shall extend downstream to where the proposed development represents ten (10) percent of the total watershed). (g) Other methods acceptable to the Town of Burgaw which assures no harm to downstream properties. (3) Where detention and retention structures are used, designs which consolidate these facilities into a limited number of large structures will be preferred over designs which utilize a large number of small structures. (D) (4) The stormwater discharge control facilities within the town (including both public and private facilities) will be designed to the same engineering and technical criteria and standards. The town's review will be the same whether the facilities will be under public or private control or ownership. (5) All stormwater discharge control facilities shall be designed using the Stormwater Best Management Practices, developed by the NC Department of Environment and Natural Resources and in accordance with the design criteria contained in the Town of Burgaw Stormwater Management Technical Manual, or other procedures approved by the Town of Burgaw. Stormwater Discharge Control Design Plan Requirements. Stormwater discharge control design plans shall include the following: (1) A determination that no proposed stormwater discharge control facility will create flooding or drainage problems for the 10- and 50-year flood events. (2) Stormwater discharge control design plans shall include designation of all easements needed for inspection and maintenance of the stormwater discharge control facilities. The location of all stormwater management facilities shall be specified prior to recording of easements. (3) A plan for maintenance of all stormwater discharge control facilities shall be included as part of the stormwater discharge control design plan. I (4) In determining downstream effects from stormwater discharge control structures and , the development, hydrologic -hydraulic engineering studies, using the 10-year design storm, shall extend downstream to a point where the proposed development ' represents 10 percent of the total watershed. If the discharge calculations indicate that adjacent properties, between the exit of the proposed development and the "10 percent downstream point," might be adversely impacted by the proposed ' development, then the town will require backwater calculations and the determination of flood elevations for the areas impacted. I 169 ' 1 (E) Plan Criteria for the Stormwater Discharge Control Preliminary Plan and the Stormwater Discharge Control Design Plan. The hydrologic criteria to be used for the stormwater discharge control preliminary and stormwater discharge control design plans shall be as follows: (1) 25-year design storms for all detention and retention basins, and (2) all stormwater discharge control designs shall be checked to insure that no increase in local flooding and flood hazards to adjacent structures and/or property occurs, using the 100-year storm. (F) Town Participation. When the Town of Burgaw determines that additional storage capacity beyond that required by the applicant for on -site stormwater discharge control is desirable to correct unacceptable or undesirable existing conditions or to provide protection in a more desirable fashion for future development, the town, with approval from Board of Commissioners, may: (1) develop an agreement with the applicant to enlarge the required stormwater discharge control facility, and (2) participate financially in the construction of such a facility to the extent that such a facility exceeds the required on -site stormwater discharge control required of this chapter. (G) Permit Requirements. No building or zoning permits for improvements or plat recordation for a subdivision, for which a stormwater discharge control plan is required, shall be approved or modified by the town without the approval of the following discharge control regulatory items. (1) Right of entry for emergency maintenance. (2) Any recorded off -site easements needed. (3) An approved stormwater discharge control design plan. (4) A maintenance agreement. 170 (5) Recorded easements for stormwater discharge control facilities. (H) Permit Suspension and Revocation. A land disturbing activity permit may be suspended or revoked seven (7) working days from receipt of a certified letter by the owner or authorized appointed agent stating that one of the following violations has been committed: (1) any violation(s) of the conditions of the stormwater discharge control design plan approval, (2) construction not in accordance with the approved plans, (3) noncompliance with correction notice(s), or (4) the existence of an immediate danger in a downstream area in the judgment of the Town of Burgaw. (I) Professional Registration Re4uirements. Stormwater discharge control preliminary and discharge control design plans that are incidental to the design of a residential subdivision shall be prepared by a qualified registered North Carolina Professional Engineer, Surveyor, or Landscape Architect, using acceptable engineering standards and practices. All other stormwater discharge control preliminary and plans shall be prepared by a qualified registered North Carolina Professional Engineer, using acceptable engineering standards and practices. The engineer, surveyor, or landscape architect shall perform services only in areas of his/her competence, shall undertake to perform engineering, landscape architecture, or land surveying assignments only when qualified by education and/or experience in the specific technical field. Section 13.3: Ownership, Inspection, and Maintenance (A) Ownership and Maintenance of Stormwater Discharge Control Facilities. (1) Any stormwater discharge control facility which services a single lot or developments other than detach single-family dwellings and their accessory uses will be privately - owned and maintained; provided, however, the owner thereof shall grant to the town, a perpetual, nonexclusive easement which allows for public inspection and 171 emergency repair, in accordance with the terms of the maintenance agreement set forth in Section 13-3 (C). (2) Stormwater discharge control facilities shall be publicly owned and/or maintained only if accepted for maintenance by the town. If a stormwater discharge control facility is not accepted by the town, the property owner has the maintenance responsibility for this facility. (3) Private maintenance requirements shall be a part of the deed to the affected property. (4) Should be in compliance with Section K of the Town of Burgaw Stormwater Management Technical Manual. (B) Inspection Schedule. (1) Prior to the approval of the stormwater discharge control design plan, the applicant shall submit a proposed inspection schedule. The stormwater discharge control design plan shall indicate a phase line for approval otherwise the inspection schedule will be for the entire development. The town may make additional inspections during and after construction if deemed necessary by the town. (2) If, after an inspection, the condition of a facility presents an immediate danger to the public health, safety, or general welfare due to unsafe conditions or improper maintenance, the town shall have the right, but not the duty, to take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the town shall be paid by the owner. In addition, the town shall notify the owner(s) of the facility of any violation, deficiency, or failure to comply with this chapter. Upon a failure to correct violations requiring maintenance work, within ten (10) days after, notice thereof, the town may provide for all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the costs of the work performed by the town. (3) The ermittee shall provide the Town of Bur aw an as -built plan certified b a P P g P Y registered professional (as outlined in Section 13-2(L)). 172 The registered professional shall certify to the town that: (a) the facility has been constructed as shown on the as -built plan, and (b) the facility meets the approved stormwater discharge control design plan and specifications or achieves the function for which it was designed. (C) Maintenance Agreement (Privately -Owned Facilities Only). (1) A proposed maintenance agreement shall be submitted to the town for all private on - site stormwater discharge control facilities prior to the approval of the stormwater discharge control design plan and recordation of lots in a subdivision to be served by the discharge control facility. Such agreement shall be in a form and content acceptable to the town and shall be the responsibility of the private owner. The agreement shall identify who will have the maintenance responsibility and shall be recorded by the landowner in the Pender County Register of Deeds prior to subdivision recording and/or building permit, and shall be binding on all subsequent owners of land served by the discharge control facility. (2) The maintenance agreement shall specify how proper maintenance of the facilities will be accomplished, and an identification of a financial arrangement which will assure the long term financial capability to implement perpetual maintenance procedures. The agreement shall specify the type of security that will be used within the financial arrangement (escrow, letter of credit, etc.). (3) The maintenance agreement shall provide for access to the facility by virtue of a non- exclusive perpetual easement in favor of the town, at reasonable times for inspection by the town to ensure that the discharge control facilities are maintained in proper design working condition. (D) Acceptance of Certification in Lieu of Inspections. The Town of Burgaw, at its sole discretion, may accept the certification of a registered engineer in lieu of any inspection required by this chapter. 173 1 1 1 Section 13-4: Miscellaneous Provisions (A) Variances from Requirements. (1) The Board of Commissioners may grant an exception from the requirements of this chapter if there are unique circumstances applicable to the site such that strict adherence to the provisions of the chapter will result in unnecessary hardship and not fulfill the intent of the chapter. (2) A written request for an exception shall be required and shall state the specific variance sought and the justification therefor. It shall include descriptions, drawings, calculations, and any other information that is necessary to evaluate the proposed variance. (B) Appeals. The disapproval or required modification of any proposed preliminary stormwater discharge control plans or design plans or the determination of noncompliance or failure to maintain by the town shall entitle the aggrieved person to appeal this decision or lack of action to the Board of Commissioners. Such appeal must be made in writing to the Town Clerk and the Director of Public Works within fifteen 0 5) days of written notice of disapproval, or modification of a preliminary or design stormwater discharge control plan, or determination of noncompliance or failure to maintain. (C) Penalties. See Section 184 Section 13-5: Sedimentation Pollution Control In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, or other drainage networks, the subdivider shall comply with all requirements of the State of North Carolina sedimentation pollution control requirements or any locally adopted sediment control ordinances. Section 13-6: Storm Water Drainage The subdivider shall provide an adequate drainage system for the proper drainage of all surface water. The design of such a system shall be subject to the approval of the Board of Commissioners. (A) No surface water shall be channeled or directed into a sanitary sewer. 174 (B) Where feasible, the subdivider shall connect to an existing storm drainage system. (C) Where an existing storm drainage system cannot feasibly be extended to the subdivision, a surface drainage system shall be designed to protect the proposed development from water damage. (D) Surface drainage courses shall have side slopes of at least three (3) feet of horizontal distance for each one (1) foot of vertical distance, and courses shall be of sufficient size to accommodate the drainage area without flooding, and designed to comply with the current State of North Carolina standards and specifications for erosion control, and any locally adopted erosion and sedimentation control ordinances. (E) Unless necessitated by exceptional topography and subject to the approval of the Planning Board, street grades shall be not more than eight (8) percent nor less than one-half of one (0.5) percent. Grades approaching intersections shall not exceed five (5) percent for a distance of not less than one hundred (100) feet from the centerline of said intersection. (F) Stream banks and 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 in accordance with current State of North Carolina sedimentation pollution control requirements. (G) Anyone constructing a dam or impoundment within the subdivision must comply with current State of North Carolina dam construction standards. (H) In all areas of special flood hazards, all subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. Section 13-7: Retention Pond Facility Requirements Within areas zoned for commercial or multi -family uses (R 7, R-7MH, PUD, B-1, B-2, and B-3), retention pond facilities shall be required for all development which exceeds 40% on a tract of land less than one acre or for development. on tracts of land greater than one acre which have an impervious surface of 25% or greater. NOTE: The designer should refer to the NC Department of Environment and Natural Resources, "Erosion and Sediment Control Planning and Design Manual" for supplemental information. 175 1 Section 13-8: Detention and Wet Retention Facilities The town encourages the use of innovative techniques and designs which will provide the necessary protection for the receiving watercourse. These facilities shall be designed for the run-off produced by the 10- year storm and checked for the 50-year storm. The 50-year storm check is to verify that no structures become flooded. Detailed drawings, substantiating data, calculations, and specifications shall be submitted for designs of this nature. The use of open ponds have been utilized most frequently for stormwater control and, therefore, design standards and procedures for this approach have been included in this design guide. However, the town suggests that the developer or owner incorporate stormwater controls into the overall site as an amenity and/or visual enhancement. The following are minimum requirements for detention/retention facilities: (A) Minimum Slopes. Side slopes where vegetation is used for stabilization shall be 2.5 (horizontal) to 1 (vertical) or flatter. The side slopes should be a minimum of 3 to 1 where mowing will be necessary. Where the side slopes are protected with riprap, fabric form, or other approved armoring, side slopes of 2 to 1 will be permitted. Steeper slopes may be approved by the town on a case -by -case basis. (B) Vegetation. Vegetation for stabilization of side slopes shall be a hearty ground cover such as the following listed in order of best overall suitability: (1) Tall Fescue (2) Bermuda Grass (3) Pensacola Bahiagrass (4) Reed Canary Grass All of these are well suited for flooding tolerance and waterways and channels. The bahiagrass is excellent for sandy sites. The others spread by rootstocks making a well anchored and stable ground covering. The designer shall consult with the town Code Enforcement Office regarding landscape standards such as selection, spacing, location, and planting requirements of all grasses and plants which are to be incorporated in the system. Approval of a landscaping plan by the Code Enforcement Office will be required prior to issuance of a construction permit. (C) Risers. Risers should be a minimum of eight (8) inches in diameter and pipes shall be a minimum of six (6) inches in diameter to reduce the potential for clogging the outlet system. 176 A trash rack with 6-inch maximum openings shall be provided to avoid pipe clogging. The design shall include consideration of anti -vortex measures where deemed necessary for stability of the outlet structure. (D) Drain. The design of the pond should incorporate a method of draining all water by use of a valve assembly. Where this is determined not possible by the reviewing engineer, a well defined low point shall be constructed to allow for pumping out the facility. (E) Overflow. An emergency outlet or overflow designed for the 50-year storm shall be provided for all detention/retention facilities. This overflow should be designed assuming the principal spillway is obstructed and cannot convey any water. (F) Other Utilities. No other utilities shall be constructed within five (5) feet of the stormwater detention/retention pond unless specifically approved by the town. (G) Landscaping. Open basins shall be provided with a minimum 5-foot landscaped zone around the periphery of the ponds which have a surface area up to 0.5 acres as measured at the top bank. A minimum 10-foot landscaped zone as measured outward from the top of the bank shall be provided for ponds larger than 0.5 acres. (I -I) Access. A stable access and maintenance shoulder with a minimum width of ten (10) feet measured from the top of bank shall be provided, sufficient to allow the periodic removal of sediment from the system. This access shall be coordinated with the landscaping zone around the basin. The landscaping zone shall not be incorporated into the access/maintenance way. (I) Fencing. Fencing for private facilities shall be at the option of the developer. Q) Flooding of Parking Areas. The town discourages the flooding of parking areas for providing stormwater storage volume. When this method is used, no more than 60% of the required parking may be flooded by six (6) inches or more for the ten-year storm. The stormwater system shall be designed to completely drain from the parking lot within two hours after the storm. 177 The designer is referred to the Division of Environmental Management's Coastal Stormwater Regulations. The requirements of the Coastal Stormwater Regulations will impact design of facilities in the Town of Burgaw. In case of conflicting requirements the more stringent shall apply. Otherwise, stormwater facilities will be required to meet both ' criteria. The designer shall coordinate with the Pender County Health Department for vector control considerations. Dams constructed as part of stormwater facilities which meet the criteria for regulation by the NC Department of Environment and Natural Resources, shall obtain a dam safety permit, prior to the town's approval. ARTICLE 14. PERMITS AND FINAL PLAT APPROVAL PART I. ZONING AND CONDITIONAL -USE PERMITS 1; Section 14-1: Permits Required (A) Subject to Article 7 (Regulations for Signs), the use made of property may not be substantially changed, substantial clearing, grading, or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits: (1) A zoning permit issued by the administrator. (2) A conditional -use permit issued by the Board of Commissioners. (3) Floodplain development permit. (B) Zoning permits, conditional -use permits, and sign permits are issued under this Ordinance only when a review of the application submitted, including the plans contained therein, _ indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in Section 14-13, all development shall occur strictly in accordance with such approved plans and applications. (C) Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional -use permit issued by the Board of Commissioners or after final plat approval by the Planning Board for minor subdivisions or the Board of Commissioners for major subdivisions (see Part II of this article). L (D) A zoning permit, conditional -use permit, or sign permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal and shall be accompanied by a signed affidavit designating such agent), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit -issuing authority. All such permits issued with respect to tracts of land in excess of one acre (except sign permits and zoning permits for single-family and two-family residential uses) shall be recorded in the Pender County Registry after execution by the record owner as provided in Section 14-12. 179 Section 14-2: No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled. Issuance of a conditional -use or zoning permit authorizes the 'recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter building or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in Section 14-10, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this Ordinance and all additional requirements imposed pursuant to the issuance of a conditional -use permit have been complied with. Section 14-3: Who May Submit Permit Applications (A) Applications for zoning, conditional -use, or sign permits or subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Ordinance, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). (B) The administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection (A) whenever there appears to be a reasonable basis for questioning this authority. Section 14-4: Applications To Be Complete (A) All applications for zoning, conditional -use, or sign permits must be completed before the permit -issuing authority is required to consider the application. (B) An application is complete when it contains all of the information that is necessary for the permit -issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Ordinance. (C) The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this Ordinance, such as applications for zoning permits to construct single- family or two-family houses, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information. Section 14-5: Staff Consultation After Application Submitted (A) Upon receipt of a formal application for a zoning or conditional -use permit, or subdivision plat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this Ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do. (B) If an application is for a conditional -use permit or subdivision plat approval, the administrator shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he intends to make it. However, if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis. Section 14-6: Zoning Permits (A) A completed application form for a zoning permit shall be submitted to the administrator by filing a copy of the application with the administrator in the planning department. (B) The administrator shall issue the zoning permit unless he finds, after reviewing the application, that: (1) The requested permit is not within his jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this Ordinance (not including those requirements when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in Article 19, Nonconforming Situations). (C) If the administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he shall, at least 10 days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the lot that is the subject of the application, informing them that: (1) An application has been filed for a permit authorizing identified property to be used in a specified way, (2) All persons wishing to comment on the application should contact the administrator by a certain date, and (3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the administrator. M Prior to the issuance of a zoning permit, a Town of Burgaw Business Privilege License must be acquired. Section 14-7: Authorizing Use or Occupancy Before Completion of Development Under Zoning Permit In cases when, because of weather conditions or other factors beyond the control of the zoning -permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning -permit recipient to comply with all requirements of this Ordinance prior to.commencing the intended use of the property or occupying any buildings, the administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this Ordinance are concerned) if the permit recipient provides a performance bond or other security satisfactory to the administrator to ensure that all of the requirements of the Ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the administrator. 182 Section 14-8: Table of Area, Yard, and Height Requirements* (See Notes 1-4) DISTRICT MINIMUM LOT SIZE MINIMUM YARD REGULATIONS Frontage Front Yard Side Yard Rear Yard Maximum Height of Sq.Ft. per In Feet Setback in Feet Width in Feet Depth in Structure In Feet Area in SQ.Ft. Dwelling Unit ***** (see Note 4) Feet (see Note 3) R-20 Residential 20,000 20,000 100 50 20 40 35 R-12 Residential 12,000 12,000 75 25 20 20 35 R-7MH 7,000 7,000 60 25 15 10 35 R-7 Residential:** Single -Family 7,000 7,000 60 25 15*** 10 35 Two -Family 8,000 4,000 60 25 15 10 35 Multi -Family 8,000 for the first two dwelling units 75 30 20 20 35 and 2,000 for each additional dwelling unit to a maximum of 12 per acre, Part III, Section 5-11 to 5-17 PUD Planned Unit Commercial and Commercial minimum yard regulations same as B-3; Residential minimum yard regulations Commercial and Development residential - 25 see Article 5, Part I, Residential Cluster Development****** residential - 45 or not to acres exceed three (3) stories O-I Office and Institutional: Office Use 12,000 12,000 70 25 15 10 35 Residential Use Same as R-7 B-1 Central Business 0 0 0 35 B-2 Highway Business 100 50 20 20 35 (Minimum sizes may be added if the (continuous town so desires) coverage) B-3 Neighborhood 50 20 20 35 Business (Continued on Next Page) 183 Table of Area, Yard, and Height Requirements (Continued) DISTRICT MINIMUM LOT SIZE MINIMUM YARD REGULATIONS Frontage Front Yard Side Yard Rear Yard Maximum Height of Sq.Ft. per In Feet Setback in Feet Width in Feet Depth in Structure In Feet Area in Sq.Ft. Dwelling Unit ***** (see Note 4) Feet (see Note 3) I- I Industrial 25 10 10 35 1-2 Industrial 75**** 50 50*** 45 FP Floodplain ----------See applicable district regulations for areas located within the floodplain overlay district-------------- * See Section 5-8 for exceptions regarding setbacks. ** See Section 5-8 for planned building group populations for apartments and condominiums. *** 5 feet additional for each story in excess of two stories. **** In the I-1 district, the space created by the front setback line shall remain unobstructed except for landscaping. The rear yard space may be used for off-street parking; provided, however, that in the event the rear and/or side line faces a residential district, the space created by the rear and/or side yard setback shall remain clear and unobstructed unless a planting screen is maintained along the property line of such type and height as to obscure from view any automobile parked on the lot. ***** The frontage restriction for all residential and 0-1 lots whose nearest point is no further (measured in feet) than the radius of the vehicular turn around of the cul-de-sac from the geometric center of the vehicular turn around of the cul-de-sac is 40 feet; however, the lot width at the building line must be 100 feet fro R-20 lots, 75 feet for R-7 lots, and 70 feet for R-12, R-7MH, and O-I lots. ****** Minimum yard and setback requirements only. Im M M �i ir' f" � m M M M a M ZE M M M M Section 14-9: Notes to the Table of Area, Yard and Height Requirements Note 1. Conditional use Requirements Take Precedence. Area, yard, and height requirements as specified in the issuance of a conditional use permit shall take precedence over area, yard, and height requirements as set forth in the Table of Area, Yard, and Height Requirements. Note 2. (1) Corner Lots. Relative to a corner lot, a side yard setback consisting of one-half (1/2) of the distance of the required front yard setback up to a maximum of twenty (20) feet shall be maintained between the prospective building and the side street. This requirement shall not be applied so as to reduce the building width of a residentially zoned corner lot of record at the time of passage of this Ordinance to less than thirty (30) feet, nor to prohibit the erection of any accessory building where this requirement cannot reasonably be complied with as determined by the Board of Commissioners. (2) Miscellaneous Exceptions. Steps, fire escapes, stairways, balconies and chimneys only project into a minimum yard not more than four (4) feet, and an unenclosed porch may project into the required rear yard not more than ten (10) feet. Sills, cornices, buttresses, ornamental features and similar items may project into a required yard not more than thirty (30) inches. Carports open on three (3) sides may encroach on a side yard to a distance of not less than five (5) feet from a side lot line, except on the street side yard of a corner lot where the setback shall be one-half (1/2) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Storage areas may be constructed across the rear of a carport open on three (3) sides that encroaches on a side yard, provided such storage area shall not contain more than seventy-two (72) square feet nor constitute more than eighteen percent (18%) of the area contained in the carport, whichever is less. When the adjacent lots of record are under single control by a lease agreement or combination of ownership and lease agreement, temporary structures such as manufactured homes, manufactured offices, utility buildings, accessory buildings, etc., may extend across any common lot line(s) of the adjacent lots of record under such lease agreement. The location of such structures shall not conflict with any off-street parking requirements, on -site traffic circulation or other applicable regulatory codes. Upon the expiration of the lease agreement, such structures must be moved to conform with the standard side or rear yard setback of the district within sixty (60) days of the expiration of the lease agreement. (3) Retaining Walls. The setback and yard requirements of this Ordinance shall not apply to a retaining wall not more than five (5) feet high, as measured from the lowest ground elevation to the top of the wall. The Board of Commissioners may permit a retaining wall greater than five feet high where it finds that due to the topography of the lot, such a wall is necessary. (4) Fences and Walls. A fence is any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fences not exceeding a height of four (4) feet shall be exempt from the yard and building setback line requirements of this Ordinance. Fences not exceeding a height of six (6) feet to be erected only in side or rear yards shall be exempt from the yard and building setback line requirements of this Ordinance, provided that no fence exceeding a height of four (4) feet will be constructed within fifteen 0 5) feet to any street. In all cases, the corner visibility provisions of this Ordinance shall be observed. Only conforming industrial and business land uses (with the exception of an O-I zone) may have a solid or open fence or wall erected to a maximum height of ten 0 0) feet except as required by this Ordinance. An open fence or wall is one that has openings through which clear vision is possible from one side to the other on a horizontal plane, and such openings occupy fifty (50) percent or more of the area of the fence or wall. A fence or wall that does not qualify as an open fence or open wall shall maintain a setback at entrances and exits of the site to provide an adequate sight distance easement as determined by the establishment of an isosceles triangle having legs of thirty-five (35) feet in length on each corner side of said entrance or exit, and the same sight distance easement shall be applied to the corner of nonresidential lots which are characterized by a street intersection. (5) Open Storage. Any open storage not enclosed within the confines of a building, such as boxes, crates, trash piles, machinery and merchandise with open display that results from the commercial operation it is part of, shall be enclosed or hidden from view along any property lines adjacent to or in a residential zone by a wall, fence and/or screening in a manner acceptable to the Land Use Administrator or his authorized agents. This provision shall apply in any commercial or industrial use abutting or in a residential zone, and all properties affected by this provision shall comply within twenty-four (24) months. :. (6) Accessory Buildings. Detached garages and accessory buildings no larger than 500 square feet in size associated to residential uses may be constructed in the rear yard provided they are located no closer than 5'0" to any adjoining lot line, except on the street side yard of a corner lot where the setback shall be one-half (1/2) of the distance of the required front yard setback up to a maximum of twenty (20) feet. Accessory structures, which are larger than 500 square feet, must meet applicable setbacks stated in the Table of Area, Yard, and Height Requirements. (7) Side yards. Where a lot in a B-1 district abuts a lot in another zone, the side abutting such lot shall maintain a minimum side yard of ten (10) feet. (8) Side yard provided but not required. Where any side yard is provided, though not required, the same shall be not less than three and one-half (3-1/2) feet. (9) Canopies. Any non-residential land use that incorporates a canopy which is totally or partially supported by a structural pillar (upright support), such as but not limited to canopies over gasoline pumps, said canopy may extend to the street right-of-way line, or property line of a non -residentially used or zoned property if no street right-of-way line is involved, provided that each pillar is located at least ten (10) feet from a property line and the canopy is open on all four (4) sides. Any side of a canopy may be enclosed provided that side meets the required yard setbacks. The canopy roof shall be located horizontally and vertically at least twelve (12) feet from any electrical conductor (line). Note 3. Height Restrictions/Modifications. Chimneys, belfries, conveyors, cupolas, derricks, domes, gasholders, fire towers, flagpoles, flues, monuments, smokestacks, transmission towers, ventilators, water towers, tanks, radio towers, poles, antennae, wires, and similar structures may be erected to any height in accordance with existing or hereafter adopted ordinances of the Town of Burgaw, provided the foundation guy wires, support or anchorage of the structure is constructed in an acceptable method and approved by the supervisor of inspection services or his authorized agents. The provisions of this Table of Area, Yard, and Height Requirements of this Ordinance do not apply to the enumerated items. Note 4. Front Yard Setbacks for Prior Lots of Record. If a vacant lot is adjacent to a lot where an existing building is located which is constructed less than the required minimum front yard setback, the required minimum front yard setback for the vacant lot shall not be less than the existing front yard setback for the adjacent dwelling. In cases where existing buildings are located on both sides of the vacant lot, and each is constructed less than the required minimum front yard setback, the required minimum front yard setback for the vacant lot shall not be less than the average of the two (2) existing buildings. 187 Section 14-10: Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special -Use or Conditional -Use Permits (A) In cases when, because of weather conditions or other factors beyond the control of the special -use or conditional -use permit recipient (exclusive of financial hardship) it would be unreasonable to require the permit recipient to comply with all of the requirements of this Article before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the permit -issuing board may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (insofar as the requirements of this section are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed 12 months). (B) When the developer proposes in the plans submitted to install amenities beyond those required by this Article, the Board may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following: (1) A performance bond or other security satisfactory to the Board is furnished; (2) A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient's compliance will be reviewed when application for renewal is made; (3) The nature of the requirements or amenities is such that sufficient assurance of compliance is given by Section 184 (Penalties and Remedies for Violations) and Section 18-5 (Permit Revocation). (C) With respect to subdivisions in which the developer is selling only undeveloped lots, the Board may authorize final plat approval and the sale of lots before all the requirements of this Article are fulfilled if the subdivider provides a performance bond or other security satisfactory to the Board to ensure that all of these requirements will be fulfilled within not more than 12 months after final plat approval. Section 14-11: Completing Developments in Phases (A) If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection (C), the provisions of Section 14-2 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and Section 14-12 (exceptions to Section 14-2) shall apply to each phase as if it were the entire development. (B) As a prerequisite to taking advantage of the provisions of Subsection (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and ithe requirements of this Article that will be satisfied with respect to each phase or stage. (C) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit -issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that: (1) If the improvement is one required by this Article then the developer may utilize the provisions of Section 14-10(a) or (c). (2) If the improvement is an amenity not required by this Article or is provided in response to a condition imposed by the Board, then the developer may utilize the provisions of Section 14-10(b). Section 14-12: Expiration of Permits. (Vested Right Provisions are provided in Part III of this Article) (A) Zoning, conditional -use, and sign permits shall expire automatically if, within six (6) months after the issuance of such permits, the use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use. (B) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall 189 immediately expire. However, expiration of the permit shall not affect the provisions of Section 14-13. Section 14-13: Effect of Permit on Successors and Assigns. (A) Zoning, conditional -use, and sign permits authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then: (1) No person (including successors or assigns of the person who obtained the permit) may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit, and; (2) The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit is obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in Subsection (b)) of the existence of the permit at the time they acquired their interest. (B) Whenever a zoning or conditional -use permit is issued to authorize development (other than single-family or two-family residences) on a tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property signs a written acknowledgment that the permit has been issued so that the permit may be recorded in the Pender County Registry and indexed under the record owner's name as grantor. Section 14-14: Amendments to and Modifications of Permits. (A) Insignificant deviations from the permit (including approved plans) issued by the Board of Commissioners, the Board of Adjustment, or the administrator are permissible and the administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernable impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. EU (B) Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit -issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. (C) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the board of commissioners or board of adjustment, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. (D) The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections (A), (B), and (C). (E) A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing. Section 14-15: Reconsideration of Board Action. (A) Whenever (i) the board of commissioners disapproves a conditional -use permit application, or (ii) the board of adjustment disapproves an application for a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that: (1) Circumstances affecting the property that is the subject of the application have substantially changed, or (2) New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to superior court (see Section 18-6). However, such a request does not extend the period within which an appeal must be taken. ME (B) Notwithstanding Subsection (A), the board of commissioners or board of adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered. Section 14-16: Applications to be Processed Expeditiously Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this Ordinance. Section 14-17: Maintenance of Common Areas, Improvements, and Facilities The recipient of any zoning, conditional -use, or sign permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this Ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. Section 14-18: Conditional -Use Permits Objectives and Purpose Conditional uses add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses are allowed in the several districts where those uses would not otherwise be applicable. By means of controls exercised through the conditional use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties. Approval of a conditional use permit is made the duty of the Town Board of Commissioners subject to recommendations of the Planning Board. The uses for which conditional use permits are required are listed in the chart accompanying this section, along with a detailed description of the procedures which must be followed in the approval of each such permit. Uses specified in this section shall be permitted only upon the issuance of a conditional use permit. 192 Section 14-19: Procedure for Conditional Use Permit Granted by the Town Board of Commissioners on Recommendation of the Planning Board Conditional use permits may be issued by the Land Use Administrator, after approval by the Board of Commissioners, for the uses as designated in the table of regulations for conditional uses and after Planning Board review and recommendations. The petition for a conditional use permit and the accompanying plans shall be submitted to the Land Use Administrator at least three (3) weeks prior to the regular monthly Planning Board meeting at which it is to be heard. Such application shall include all of the requirements pertaining to it as specified in this section. The Planning Board shall forward the application and its recommendations to the Town Board of Commissioners within thirty (30) days after its review of the application. On receiving the application and the recommendations of the Planning Board, the Town Board of Commissioners shall give notice of a public hearing five (5) days prior to the date of the public hearing. At the public hearing, all interested persons shall be permitted to testify. The Town Board of Commissioners shall consider the application and said recommendations of the Planning Board, and may approve or deny the requested conditional use permit. The conditional use permit, if approved, shall include approval of plans as may be required. In approving the permit, the Town Board of Commissioners and Planning Board shall find as a specific finding of fact and reflect in their minutes that the permit will comply with the following four facts: . I(1) That the use will not materially endanger the public health, safety, or general welfare if located where proposed and developed according to the plan as submitted and approved; (2) That the use meets all required conditions and specifications; (3) That the use will not adversely affect the use or any physical attribute of adjoining or abutting property, or that the use is a public necessity; and (4) That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Town of Burgaw Land Use Plan. In approving the conditional use permit, the Planning Board may recommend, and the Town Board of Commissioners may designate, such conditions in addition and in connection therewith as will, in its opinion, assure that the use in its proposed location will be harmonious with the area in which it is proposed to be located and with the spirit of this Ordinance. All such additional conditions shall be entered in the minutes of the meeting at which the conditional use permit is granted and also on the conditional use permit 193 approving, and on the approved plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicant for the conditional use permit, the heirs, successors, and assigns. In order to ensure that such conditions and requirements for each conditional use permit will be fulfilled, the petitioner for the conditional use permit may be required to enter into a contract with the Town of Burgaw providing for the installation of the physical improvements required as a basis for the issuance of the conditional use permit. Performance of said contract shall be secured by cash or surety bond which will cover the total estimated cost of the improvements as determined by the Town of Burgaw; provided, however, that said bond may be waived by the Town Board of Commissioners within its discretion. If the Planning Board recommends the disapproval of the conditional use permit, and if the Town Board of Commissioners denies the permit, each body shall enter the reason for its action in the minutes of the meeting at which the action is taken. No appeal may be taken to the Board of Adjustment from this action of the Town Board of Commissioners in granting or denying a conditional use permit. Any such action by the Town Board of Commissioners shall be considered as the equivalent of action on a proposed zoning amendment and shall be reviewable only in the same manner as action on a proposed amendment. In addition to the conditions specifically imposed by the Town Board of Commissioners, conditional uses shall comply with the height, area, and parking regulations of the zone in which they are located. In the event of failure to comply with the plans approved by the Board of Commissioners or with any other conditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect. No building permits for further construction nor a certificate of compliance under this conditional use permit shall be issued, and the use of all completed structures shall immediately cease and such completed structures not thereafter be used for any purpose other than a use -by -right as permitted by the zone in which the property is located. Where plans are required to be submitted and approved as part of the application for a conditional use permit, modifications of the original plans may be authorized by the Town Board of Commissioners after review and recommendation by the Planning Board. 194 Section 14-20: Table of Regulations for Conditional Uses Detailed regulations for each conditional use are set forth in this section. IUse — Accessory Apartment Conditional Use District: [R20, R-12, R-7, and 13-11 Requirements: (A) In the 13-1 district, the accessory apartment is located on the second floor of a structure. (B) There shall be a separate parking space for each accessory apartment. If the proposed use is located within the "Off -Street Parking and Loading Exemption Area", this provision shall not apply. In other areas of the district, this provision may be waived if the Board of Commissioners feel that parking cannot reasonably be provided, and public parking in the area is sufficient to accommodate the proposed use. (C) Two exits are provided for the dwelling unit with one being external, and approved by the Fire Chief as a suitable fire escape. (D) If rafters or floor joist of a building are common with another building, a fire resistant support separating the rafters and floor joist of each building must be installed. (E) Based upon information provided from an inspection by the Fire Chief, the Board of Commissioners shall determine if the installation of a sprinkler system is required. (F) An annual fire inspection is required. (G) In the R 12 district, all off-street parking for the accessory structures shall be provided in the rear yard. (H) Screening/fencing shall be provided along the side and rear lot lines exclusive of a B-1 district. All fencing shall be opaque and six feet in height. Screen plantings shall be continuous (without breaks) and a minimum of three feet in height at the time of planting and be a plant material which will grow to a height of at least six feet at maturity. 195 Use - Agricultural Livestock Conditional Use District: [R 20] Minimum Lot Area: (A) Fowl Averaging Under Five Pounds in Weight: The number of such fowl shall not exceed twenty-five (25) per acre or a maximum of four hundred (400). All housing structures, outdoor pens, and feeding areas shall be set back one (1) foot per fowl from all property lines. All fowl must be confined or fenced together. (B) Fowl Averaging Over Five Pounds in Weight: The number of such fowl shall not exceed three (3) per acre or a maximum of thirty-five (35). All housing structures, outdoor pens, and feeding areas shall be set back ten feet per fowl from all property lines. All fowl must be confined or fenced together. (C) Animals, Other Than Fowl, Averaging Over Thirty Pounds in Weight: The number of such animals shall not exceed three (3) per acre or a maximum of thirty-five (35). All housing structures, outdoor pens, and feeding areas for such animals shall be set back ten feet per animal from all property lines. Such animals shall not be confined together. Offspring less than thirty (30) days old shall not be included in the number per acre. Use — Animal Medical Care (including Kennel Operations) Conditional Use District: [O-I and B-21 Minimum Lot Area: None. Screening and Fencing: A screen of dense plant material where the proposed site of the animal medical care facility abuts a residential lot or an area zoned solely for residential purposes. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Structures: Location of buildings and sign, and size of the sign. 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Layout of parking spaces. Lighting: Lighting plan, inclusive of wattage and illumination. Other Requirements: It is mandatory that animal medical care facilities situated in an O-I and B-2 zones have all kennel areas (living quarters for animals) confined within a building. Open kennel areas are prohibited adjacent to residential properties. Use — Asphalt/Concrete Production Conditional Use District: [I-2] Minimum Lot Area: None Screening and Fencing: A screen not less than six (6) feet high of dense plant material where lot abuts a residential lot. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Layout of parking spaces. Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Other Details: Proposed illumination, if designed for nighttime operation. 197 Use — Assemblies(Assembly Hall Armory, Stadium Concert Hall Conditional Use District: [O-I] Minimum Lot Area: None. Screening and Fencing: A solid fence or solid wall not less than six (6) feet high or the maximum applicable fence height limitation where the lot abuts a residential lot. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. i Plans are required and must show: Structures: Location of buildings and sign, and size of the sign. Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Layout of parking spaces. Lighting: Lighting plan, inclusive of wattage and illumination. Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Use — Automobile Off -Street Parking (Commercial Lots) in Residential Districts Conditional Use District: [O-I, B-2, and PUD] Minimum Lot Area: None. Screening and Fencing: A screen not less than six (6) feet high of dense plant material where lot abuts a residential lot. 198 Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Layout of parking spaces. Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Other Details: Proposed illumination, if designed for nighttime operation. Other Requirements: Proposed location of one sign which may be no larger than ten (10) square feet; sign shall be freestanding and not higher than seven (7) feet above the ground. Two incidental unlighted entrance and exit signs not exceeding two square feet each may be provided at each entrance and/or exit. Use — Bed and Breakfast Inn Conditional Use Districts: [R-20, R-12, R-7, and O-I] Parking and Loading: See Article 6. Size: The bed and breakfast may not include more than six (6) rooms for rent and/or over 5,000 (five thousand) square feet of the principal structure. The bed and breakfast use shall be limited to the principal structure. Screening and Fencing: A screen of dense plant material designed to grow at least three (3) feet thick by six (6) feet high shall be installed where the proposed bed and breakfast abuts a residential lot or an area zoned for residential purposes. Signs: Signs shall be limited to one non -lighted three (3) foot by three (3) foot sign. &' Use — Cemeteiv Conditional Use Districts: [R20, R-12, R-7, R-7MH, O-I, and PUD] Minimum Lot Area: None. Parking and Loading: Adequate off-street parking facilities for funeral processions. Screening and Fencing: A screen not less than six (6) feet high of dense plant material where cemetery abuts a residential lot. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Topography: Well drained site with adequate storm drainage facilities (including retention pond facilities, when applicable). Structures: Location of signs, entrance, and buildings must be shown on the plan. Circulation: Proposed points of access and egress and pattern of internal circulation, and funeral procession route, if possible. Buffering: Shall be required. Other Details: (1) Proposed restrictions, if any. (2) Maximum size of sign shall be thirty-six (36) square feet, and there is a limit of one ' sign per street frontage. Use — Day Care Center (including kindergarten) Conditional Use Districts: [R 20, R-7, R 7MH, PUD, 0-1, B-2, B-3, I-1, and I-21 200 Minimum Lot Area: None. Parking and Loading: One space for each adult attendant and one space for every six (6) children or fraction thereof. Screening and Fencing: See "Other Requirements." Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Structures: Location and approximate size of all existing proposed buildings and structures within the site and on the lots adjacent thereto. Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Other Details: (1) Location and extent of open play area. (2) Day care center shall provide one hundred (100) square feet of outdoor play space per pupil. (3) Outdoor play area shall be enclosed by a solid or open fence or wall at least four (4) feet in height. Where the outdoor play area is directly adjacent to a residentially used or zoned lot(s), a solid fence or wall at least six (6) feet high or the maximum applicable fence/wall height limitations, or an open fence at least four (4) feet high and a screen planting designed to grow three (3) feet thick and six (6) feet, high, shall be erected. The Board of Commissioners may at its discretion require additional screening and/or fencing to be located adjacent to abutting nonresidential land uses. (4) In residential districts, a day care center shall not be operated between the hours of 7:00 p.m. and 6:00 a.m. 201 Use — Dwelling, Multiole-Family Conditional Use District: [0-11 Minimum Lot Area: Refer to Section 14-8. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Other Details: Refer to Article 5, Part II. Use — Funeral Homes Conditional Use District: [O-I, B-2, and B-31 Minimum Lot Area: See Section 14-8. Screening and Fencing: A screen of dense plant or an opaque material designed to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high shall be installed where the proposed funeral home abuts a residential lot or an area zoned for residential purposes. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Structures: Location of buildings and signs including size. Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Design of parking lot. See Article 6 for applicable parking ratios. Lighting: Proposed illumination, including location and wattage. 202 ' Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Other Requirements: The Town Board of Commissioners may provide additional requirements is it deems necessary in order to make the proposed project more compatible with adjacent areas and existing or proposed traffic patterns. Use — Golf Course Conditional Use District: [R 20, R 12, R-7, and PUD] IUse — Historical Preservation Commercial Use Conditional Use District: [R-20, PUD, O-I, B-1, B-2, B-3, I-1, and I-2] Plans are required and must show: Structures: Location of buildings and signs, and size of sign. Circulation: Proposed points of access and egress and pattern of internal circulation. P P �' Parking: Layout of adequate parking spaces to meet the standard O-I off-street parking requirements. Lighting: Lighting plan inclusive of wattage and illumination. All parking areas must be lighted. Other Requirements: (1) In order to be considered for the issuance of a conditional use permit, the site must be either listed on the National Register of Historic Places or included in the North Carolina Plan for Historic Preservation as compiled by the North Carolina Division of Archives and History. (2) Any allowed commercial use operated under a historic preservation conditional use permit must be operated within the building or buildings which are listed on or nominated for the National Register of Historic Places or the North Carolina Plan for Historic Preservation 203 and may only be open during days and daily hours as approved by the Board of Commissioners. In the determination of the days and daily hours of operation, the Board of Commissioners shall consider, but not be limited to consideration of, the following determining factors: potential of the subject site to support the proposed activity, traffic patterns and volumes, and impact of proposed use on surrounding land uses. (3) Except within the central town area as provided in paragraph (6) below, the commercial use may not occupy in excess of twenty-five (25) percent of the gross floor area of the building in which it is located, except when the commercial use is considered a part of the historical significance of the building. (4) Only the following uses will be allowed: art gallery; auction sales; baking, on -premises and retail only; blacksmith services; club or lodge; contractor, trades (excluding storage of equipment or supplies); curio and souvenir sales; library; office; locksmith, gunsmith; recreation or amusement enterprises conducted inside a building and for profit, and not otherwise listed herein; school, trade or vocational; tailoring; eating or drinking facilities (drive-ins excluded). As a prerequisite to the establishment and continued operation of eating or drinking facilities (drive-ins excluded), there shall be no noxious odors emitted from the facility as determined by the Board of Commissioners. (5) Sign - One nonlighted business identification sign having a maximum area of four (4) square feet. (6) The commercial use may occupy up to one hundred 0 00) percent of the gross floor area of the building in which it is located, provided such building is within the central town area and has met the other criteria set forth above and in paragraphs (1), (2), (4), and (5) above as well as the parking standards and other applicable standards of the Town Code. In addition, the Town Board of Commissioners shall approve, as a condition of approval of said permit, a certified architect's rendering of the front, rear, right, and left facade elevations to insure that any exterior renovation will not destroy or detrimentally alter the historic or architectural integrity of said building facade. The Town Board of Commissioners shall utilize such expertise as it deems necessary in making such a determination. Examples of such expertise would include, but are not limited to, a representative of the North Carolina Division of Archives and History, or a qualified architectural historian. 204 Use — Industry, Pilot Operation Conditional Use Districts: [I-1] Minimum Lot Area: None. Parking and Loading: See Article 6 for applicable parking ratios. Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Screening and Fencing: May be required at the discretion of the Board of Commissioners. Plans are required and must show: Parking and Loading: Proposed parking and loading accommodations. Other Details: (1) The industry shall not emit any undue noise, smoke, dust, odor, or electrical interference with radio and TV reception. (2) The industry will not generate undue amounts of traffic. Other Requirements: The intent of the requirements is that the permitted pilot operation will not adversely affect the surrounding area as a whole nor be a detriment to adjoining land uses. Use — Kennel Operations Conditional Use District: [O-I and B-31 Minimum Lot Area: See Table of Area, Yard, and Height Requirements Screening and Fencing: A screen of dense plant material designated to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high shall be installed where the proposed kennel abuts a residential lot or an area zoned for residential purposes. 205 Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Structures: Location of buildings and signs including size. Circulation: Proposed points of ingress and egress and pattern of internal circulation. Buffering: Shall be required. Parking: Design of parking lot. See Article 6 for applicable parking ratios. Lighting: Proposed illumination, including location and wattage. Other Requirements: The Board of Commissioners may provide additional requirements as it deems necessary in order to make the proposed project more compatible with adjacent areas and existing or proposed traffic patterns. Use — Laboratory Research Conditional Use District: [O-I] Minimum Lot Area: See Table of Area, Yard, and Height Requirements Screening and Fencing: A screen of dense plant material designated to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high shall be installed where the proposed laboratory abuts a residential lot or an area zoned for residential purposes. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Structures: Location of buildings and signs including size. Circulation: Proposed points of ingress and egress and pattern of internal circulation. 206 Buffering: Shall be required. Parking: Design of parking lot. See Article 6 for applicable parking ratios. Lighting: Proposed illumination, including location and wattage. Other Requirements: The Board of Commissioners may provide additional requirements as it deems necessary in order to make the proposed project more compatible with adjacent areas and existing or proposed traffic patterns. Use — Library Conditional Use District: [R-20, R-12, R-7, R 7MH, and PUD] Use — Manufactured Home (Individual) for Office and/or Exhibition Conditional Use District: [R-20, PUD, O-I, B-1, B-2, B-3, I-1, and I-2] Minimum Lot Area: None. Parking: One (1) space for each person employed in the office at any given time during a twenty- four (24) hour period. Requirements: A temporary certificate of occupancy/compliance, allowing manufactured homes used solely as offices or for purposes of exhibition to be temporarily parked, maintained, and/or occupied on a designated lot or land location, may be issued by the supervisor of inspection services or his authorized agents where the Board of Commissioners finds as a fact that the use of such manufactured home does not violate the town or state building, electrical, or plumbing codes, or health regulations. All such certificates of occupancy/compliance shall be valid for a period of twelve 02) months, after which they may be renewed upon similar evidence of use of such manufactured home. Notwithstanding the foregoing, a certificate of occupancy/compliance may be issued for a manufactured home for use as a temporary field office for contractors by the Burgaw Building Inspector or his authorized agents without approval of the Board of Commissioners, if the manufactured home: 207 (1) And the structure under construction are located on the same property; (2) Is not moved to the site more than thirty (30) days prior to construction and is not removed later than thirty (30) days after construction has been completed; (3) Is not used for any other purpose other than that connected with on -site construction; (4) Is justified by the size and nature of the construction project; (5) Is to be used for a period not to exceed eighteen (18) months; (6) Is utilized only incidental to on -site construction during daylight hours and not for residential living quarters; (7) Is parked in a location approved in advance by the supervision of inspection service or his authorized agents; (8) Sanitary facilities are connected with an approved sewer system; (9) Electrical facilities are connected in compliance with regulations as set forth in the Town of Burgaw Building Code. Also notwithstanding the foregoing, a certificate of occupancy/compliance may be issued for a manufactured home for use as a manufactured classroom by a public or private school, for a school administrative manufactured office, and for a manufactured home sales office without approval of the Board of Commissioners, if the manufactured home: (1) Sanitary facilities are connected with an approved sewer system; (2) Electrical facilities are connected in compliance with regulations as set forth in the Town of Burgaw Building Code; (3) Provisions pertaining to a manufactured home foundation and anchorage of the manufactured home to the foundation, as contained in the State of North Carolina Regulations for Manufactured Homes, 1972 edition, are adhered to. 208 Use — Motel, Hotel, or Motor Court Conditional Use District: [O-I] Parking: One space for every rental room plus one space for each of the maximum number of persons employed at any given time during a twenty-four (24) hour period plus one space for every four (4) seats in the restaurant, if applicable. Loading: One space for each one hundred thousand (100,000) square feet of motel floor area or fraction thereof. Screening and Fencing: A screen of dense plant material designed to grow at least three (3) feet thick by six (6) feet high and a fence at least three (3) feet high where the proposed site of the motel (hotel) abuts a residential lot or an area zoned for residential purposes. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Topography: Topography of the site at contour intervals not greater than two (2) feet. Structures: Location and approximate size of all existing and proposed buildings and structures within one hundred 000) feet of the proposed site. Circulation: Proposed point of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking and Loading: Layout of parking spaces. Other Details: (1) Proposed provisions for storm drainage (including retention pond facilities, when applicable) approved by the Burgaw Building Inspector; sanitary sewerage approved by the Burgaw Building Inspector or County Health Department, whichever is applicable. 209 (2) Size and proposed location of any signs. (3) Proposed solid waste storage facilities. (4) Proposed water system and fire -fighting facilities such as hydrants or sprinkler connections. (5) Types of surfacing, slope, grade, and cross section of drives, sidewalks, malls, etc. (6) The location and heights of all fences, walls, and hedges shall be shown. Use -- Nursing Home including Home for the Arzed and Family Care Unit Conditional Use District: [R-20, B-2, and O-I] Minimum Lot Area: Minimum lot area of district in which located plus one thousand (1,000) square feet for each person to be accommodated. Parking: One space for each regular employee plus one space for each four (4) persons to be accommodated. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Topography: Topography of the site at contour intervals not greater than two (2) feet. Structures: Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto. Circulation: Proposed points of access and egress and pattern of internal circulation. Buffering: Shall be required. Parking and Loading: Layout of parking spaces. 210 Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. Other Requirements: (1) Must meet all requirements for licensing by the State of North Carolina (2) Types of surfacing, slope, grade, and cross section of drives, sidewalks, malls, etc. (3) Erosion and sedimentation control plan. (4) Lighting plan, inclusive of wattage and illumination. (5) All plans and construction details must meet current specifications of the Town of Burgaw. (6) Size and proposed location of any signs. (7) Proposed solid waste storage. Use — Private Recreation Club or Swimming Club Activities, not Operated as a Business for Profit Conditional Use Districts: [R-20, R 12, R-7, R 7MH, 13-1, and B-21 Minimum Lot Area: Swimming club, one (1) acre for each forty (40) club members (or families). Private nonprofit clubs having only a swimming pool with bathhouse facilities and open only during the swimming season are exempt from the minimum lot area requirement if all activities and facilities (other than parking) are located no closer than fifty (50) feet to any property line. Parking: One (1) space for each five (5) members or families. Screening and Fencing: The swimming pool area shall be enclosed by fencing not less than five (5) feet in height. Plans are required and must show: Structures: Location and approximate size of all existing and proposed structures and playfields. 211 Parking: Layout of parking spaces and traffic circulation. Other requirements: (1) There shall be provided in any swimming pool, water area at a depth of five (5) feet or less in the ratio of seven and two -tenths (7.2) square feet per member (or family). Water areas deeper than five (5) feet shall not be included as a part of the minimum pool area to satisfy this requirement. (2) No improvements, structures, sidewalks, or play areas or equipment shall be closer than fifty (50) feet to any adjoining property lines. Parking areas may be permitted within twenty (20) feet of any adjoining property line if the above -mentioned twenty (20) foot strip is used for planting designed to grow at least three (3) feet thick and six (6) feet high. (3) Adjacent to swimming pools there shall be provided paved patio area(s) in the ratio of two (2) square feet of paving for each square foot of water area that is five (5) feet or less in depth. (4) Lights shall be located and shielded so as not to adversely affect adjacent property. Use -- Public or Private Electrical Utility Station or Substation Conditional Use District: [All zoning districts] Minimum Lot Area: One-half (112) acre for public utility station. Parking and Loading: One (1) space for each regular employee employed primarily at the site at any given time. Screening and Fencing: A screen of not less than six (6) feet in height of dense plant material shall be provided where the lot abuts a residential lot. Electrical substations shall be enclosed by a fence not less than eight (8) feet in height with three (3) strands of barbed wire turned out at the top. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. 212 Plans are required and must show: Structures: Location and approximate size of all existing and proposed structures within the site, and all buildings and structures within one hundred (100) feet. Circulation: Proposed points of access and egress. Buffering: Shall be required. Parking and Loading: Location and arrangement of all proposed off-street parking. Other Details: Proposed provisions for fencing and other protective screening at the lot lines adjacent to abutting residential property. Use -- School: Elementary, Junior High, and High School Conditional Use Districts: [R 20, R-12, R-7, R 7MH, O-I, PUD, B-2, and B-31 Minimum Lot Area: The minimum lot area for the school shall be computed based upon the highest grade within the school. The minimum lot area shall be as follows: Kindergarten through seventh grade - Two hundred (200) square feet of land area per student in all grades. Kindergarten through ninth grade - Three hundred (300) square feet of land area per student in all grades. Kindergarten through twelfth grade - Four hundred (400) square feet of land area per student in all grades. Parking and Loading: See Article 6 for applicable parking ratios. Drainage: Proposed provision for storm drainage (including retention pond facilities, when applicable), approved by the Building Inspector. 213 Plans are required and must show: Structures: Location and approximate size of all existing and proposed buildings and structures within the site and on the lots adjacent thereto. Circulation: Proposed points of access and egress and pattern of internal circulation. Parking and Loading: Layout of parking spaces. Use — Telecommunication Towers Conditional Use Districts: [R 20, B-3, 1- 1, and I-2] (some exceptions do apply, see Article 12) Minimum Lot Area: One-half (1/2) acre. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Other Requirements: See Article 12, Telecommunication Tower Regulations. Use — Telenhone Exchange Operation Conditional Use Districts: [R-20, R-12, R 7, R-7MH, PUD, and O-I] Minimum lot area: One (1) acre. Parking and Loading: One (1) space for each two (2) regular employees. Screening and Fencing: A screen of not less than six (6) feet in height of dense plant material shall be provided where the lot abuts a residential lot or a lot zoned exclusively for residential purposes. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. 214 Plans are required and must show: Structures: Location and approximate size of all existing and proposed structures within the site, and all buildings within two hundred (200) feet thereof. Circulation: Proposed points of access and egress. Buffering: Shall be required. Parking and Loading: Location and arrangement of all proposed off-street parking. Other Details: (1) Proposed provisions for fencing and other protective screening at the lot lines adjacent to abutting residential property. (2) Anticipated service area of the facility to be constructed. Use —Theater Productions. Outdoor Conditional Use District: [R-20 and FP] Minimum Lot Area: At least five (5) acres in the area. Buffering: As specified in Article 10 of this Ordinance, buffering shall be required by the Board of Commissioners. Plans are required and must show: Topography: Topography of the site at contour intervals not greater than two (2) feet. Structures: Location and approximate size of all existing and proposed structures within the site and of all buildings within one thousand (1,000) feet adjacent thereto. Circulation: Proposed points of access and egress together with the proposed pattern of internal circulation. 215 Buffering: Shall be required. Other Details: (1) An area capable of storing at least one-third (1/3) as many cars as can be accommodated within the viewing area shall be provided, away from the flow of incoming or outgoing traffic, for waiting vehicles. (2) Proposed provision for storm drainage (including retention pond facilities, when applicable) approved by the Burgaw Building Inspector; sanitary sewerage approved by the Burgaw Building Inspector or County Health Department, whichever is applicable. (3) Size and proposed location of any signs. (4) Proposed solid waste storage facilities. (5) Proposed water system and firefighting facilities such as hydrants or sprinkler connections. (6) Types of surfacing for drives, sidewalks, malls, etc. (7) The location and height of all fences, walls, and hedges shall be shown. (8) Projection screens, if located less than one thousand (1,000) feet from a major thoroughfare, shall face away from the major thoroughfare. (9) Drive-in theaters shall be located within five hundred (500) feet of a major thoroughfare and shall have direct access thereto. (10) No off -site fill shall be permitted in the construction of the drive-in. PART II. MAJOR AND MINOR SUBDIVISIONS Section 14-21: Plat Shall be Required on Any Subdivision of Land Pursuant to G.S. 160A-372, a final plat shall be prepared, approved, and recorded pursuant to the provisions of this Ordinance whenever any subdivision of land takes place. 216 ISection 14-22: Approval Prerequisite to Plat Recordation Pursuant to G.S. 160A-373, no final plat of a subdivision within the jurisdiction of the town, as established in Section 1-3 of this Ordinance, shall be recorded by the Register of Deeds of Pender County until it has been approved as provided herein. To secure any approval of a final plat, the subdivider shall follow the procedures established in this Article. ' Section 14-23: Procedures for Review of Major and Minor Subdivisions All subdivisions shall be considered major subdivisions except those defined as minor subdivisions by Section 2-2, #216. Major subdivisions shall be reviewed in accordance with the procedure in Sections 14-25 and 14-26. Minor subdivisions shall be reviewed in accordance with the provisions in Section 14-24. However, if the subdivider owns, leases, holds an option on, or holds any legal or equitable interest in any property adjacent to or located directly across a street, easement, road, or right-of-way from the property to be subdivided, the subdivision shall not qualify under the minor subdivision procedure. Furthermore, the minor subdivision procedure may not be used a second time within three (3) years on any property less than fifteen hundred (1,500) feet from the original property boundaries by anyone who owned, had an option on, or any legal interest in the original subdivision at the time the subdivision received preliminary or final plat approval. Section 14-24: Procedure for Review of Minor Subdivisions The subdivider shall submit the final plat so marked to the Land Use Administrator for approval. The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements ' set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina. Five (5) copies of the final plat shall be submitted; two (2) of these shall be on reproducible material; three (3) shall be black or blue line paper prints. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina. ' The final plat shall be of a size suitable for recording with the Pender County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more ' than one sheet with appropriate match lines. ' Submission of the final plat shall be accompanied by a filing fee as set forth in the town's Fee Schedule. The final plat shall meet the specifications of this section. The following signed certificate shall appear on all five (5) copies of the final plat. ' 217 (A) Certificate of Ownership and Dedication. I hereby certify that I am the owner of the property shown and described hereon, which is located in the subdivision jurisdiction of the Town of Burgaw and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines as noted. Owner Date (B) Certificate of Survey and Accuracy. In accordance with G.S. 47-30: There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed. The certificate required above shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form: "I, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book _, Page _, etc.) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book _, Page _; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this day of , A.D. 20 " Seal or Stamp 218 Surveyor Registration Number The certificate of the Notary shall read as follows: "North Carolina, County. I, a Notary Public of the County and State aforesaid, certify that , a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 20 Seal or Stamp My commission expires Notary Public The Land Use Administrator shall review the final plat and shall proceed with approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within twenty-eight (28) days of initial receipt of the plat. During review of the final plat, the Land Use Administrator may appoint an engineer or surveyor to confirm the accuracy of the final plat, if agreed to by the Town Manager. If errors are found which make the plat non -recordable, the costs shall be charged to the subdivider, and the plat shall not be recommended for approval until such errors have been corrected. If the Land Use Administrator approves the final plat, he shall secure all required town signatures and transmit the final plat to the subdivider for recording with the Pender County Register of Deeds office. If the Land Use Administrator recommends conditional approval of the final plat with modifications to bring the plat into compliance, he shall retain one (1) print of the plat for. the town's records and return his written recommendation and two (2) reproducible copies of the plat to the subdivider. If the Land Use Administrator disapproves the final plat, he shall instruct the subdivider concerning resubmission of a revised plat, and the subdivider may make such changes as will ' bring the plat into compliance with the provisions of this Ordinance and resubmit same for reconsideration by the Land Use Administrator. ' 219 I Failure of the Land Use Administrator to approve or make a written recommendation within ' twenty-eight (28) days after receipt of the subdivision plat shall constitute grounds for the ' subdivider to apply to the Board of Commissioners for approval. If the Land Use Administrator approves the final plat, such approval shall be shown on each ' copy of the plat by the following signed certificate: Certificate of Approval for Recording. I hereby certify that the subdivision plat shown , hereon has been found to comply with the Subdivision Regulations of the Town of Burgaw, ' North Carolina, and that this plat has been approved by the Land Use Administrator for recording in the Office of the Register of Deeds of Pender County. Land Use Administrator ' Date Burgaw, North Carolina ' If the final plat is disapproved by the Land Use Administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) copy of the plat shall be retained by the Land Use Administrator for record; one (1) copy of the reasons and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved, the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Land Use Administrator. If the final plat is approved by the Land Use Administrator, the original tracing and two (2) prints of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk. The subdivider shall file the approved final plat with the Register of Deeds of Pender County within thirty (30) days of Land Use Administrator approval; otherwise, such approval shall be null and void. 220 Section 14-25: Major Subdivision Preliminary Plat Submission and Review (A) Submission Procedure. For every subdivision within the territorial jurisdiction established by Section 1-3 of this Ordinance which does not qualify for the minor subdivision procedure, the subdivider shall submit a preliminary plat which shall be reviewed by the Planning Board and approved by the Board of Commissioners before any construction or installation of improvements may begin. Eight (8) copies of the preliminary plat (as well as any additional copies which the Land Use Administrator determines are needed to be sent to other agencies) shall be submitted to the administrator of this Ordinance at least fourteen (14) days prior to the Planning Board meeting at which the subdivider desires the Planning Board to review the preliminary plat. Preliminary plats shall meet the specifications in Section 14-27. (B) Review by Other Agencies. The Land Use Administrator may, at his discretion, or as directed by the Planning Board, submit copies of the plat to other agencies for review and comment. (C) Review Procedures. The Land Use Administrator shall review the preliminary plat before the next regularly scheduled meeting of the Planning Board which follows at least fourteen (14) days after the Land Use Administrator receives the preliminary plat. The Land Use Administrator shall, in writing, recommend approval, conditional approval with recommended changes to bring the plat into compliance, or disapproval with reasons within fourteen (14) days following receipt of the preliminary plat. If the Land Use Administrator recommends approval of the preliminary plat, two. (2) copies of the plat shall be submitted to the Planning Board with the Land Use Administrator's recommendation. If the Land Use Administrator recommends conditional approval of the preliminary plat, two (2) copies of the plat and the recommendation shall be transmitted to the Planning Board, and a copy of the plat and Land Use Administrator's recommendation submitted to the subdivider. 221 If the Land Use Administrator recommends disapproval of the preliminary plat, one (1) copy of the plat and the Land Use Administrator's recommendation shall be transmitted to the Planning Board, and a copy of the plat and Land Use Administrator's recommendation submitted to the subdivider. If the preliminary plat is disapproved, the subdivider may make the recommended changes and submit a revised preliminary plat, or appeal the decision to the Board of Commissioners. If the Planning Board does not make a written recommendation within forty-five (45) days after its first consideration of the plat, the subdivider may apply to the Board of Commissioners for approval or disapproval. If the Board of Commissioners approves the preliminary plat, such approval shall be noted on two (2) copies of the plat. One (1) copy of the plat shall be retained by the town, and one (1) copy shall be returned to the subdivider. If the Board of Commissioners approves the preliminary plat with conditions, approval shall be noted on two (2) copies of the plat along with a reference to the conditions. One (1) copy of the plat along with the conditions shall be retained by the town, and one (1) copy of the preliminary plat along with the conditions shall be returned to the subdivider. If the Board of Commissioners disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing. One (1) copy of the plat and the reasons shall be retained by the town, and one (1) copy shall be returned to the subdivider. Section 14-26: Major Subdivision Final Plat Submission and Review (A) Preparation of Final Plat and Installation of Improvements. Upon approval of the preliminary plat by the Board of Commissioners, the subdivider may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Prior to approval of a final plat, the subdivider shall have installed the improvements specified in this Ordinance, or guaranteed their installation as provided herein. No final plat will be accepted for review by the Planning Board or the Board of Commissioners unless accompanied by written notice by the Town Clerk acknowledging compliance with the improvement and guaranteeing standards of this Ordinance. The final plat shall constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at this time; such portion shall conform to all requirements of this Ordinance. 222 1 (B) Improvements Guarantees. (1) Agreement and Security Required. In lieu of requiring the completion, installation and dedication of all improvements prior to final plat approval, the town may enter into an agreement with the subdivider whereby the subdivider shall agree to complete all required improvements. Once said agreement is signed by both parties, and the security required herein is provided, the final plat may be approved by the Board of Commissioners, if all other requirements of this Ordinance are met. To secure this agreement, the subdivider shall provide, subject to the approval of the Board of Commissioners, either one or a combination of the following guarantees equal to 1.25 times the entire cost as provided herein: (a) Surety Performance Bond(s). The subdivider shall obtain a performance bond (s) from a surety bonding company authorized to do business in North Carolina. The bond(s) shall be payable to the Town of Burgaw, and shall be in amount equal to 1.25 times the entire cost, as estimated by the subdivider and approved by the Board of Commissioners, of installing all required improvements. The duration of the bond(s) shall be until such time as the improvements are accepted by the Board of Commissioners. (b) Cash or Equivalent Security. The subdivider shall deposit cash, an irrevocable letter of credit, or other instrument readily convertible into cash at face value, either with the Town of Burgaw or in escrow with a financial institution designated as an official depository of the town. The use of any instrument other than cash shall be subject to the approval of the Board of Commissioners. The amount of deposit shall be equal to 1.25 times the cost, as estimated by the subdivider and approved by the Board of Commissioners, of installing all required improvements. If cash or other instrument is deposited in escrow with a financial institution as provided above, then the subdivider shall file with the Board of Commissioners an agreement between the financial institution and himself guaranteeing the following: 1. That such escrow account shall be held in trust until released by the Board of Commissioners, and may not be used or pledged by the subdivider in any other matter during the term of the escrow; and 223 2. That in the case of a failure on the part of the subdivider to complete said improvements, the financial institution shall, upon notification by the Board of Commissioners, and submission by the Board of Commissioners to the financial institution of an engineer's estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvement, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town. (2) Default. Upon default, meaning failure on the part of the subdivider to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account, shall, if requested by the Board of Commissioners, pay all or any portion of the bond or escrow fund to the Town of Burgaw, up to the amount needed to complete the improvements based on an engineer's estimate. Upon payment, the Board of Commissioners, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the subdivider any funds not spent in completing the improvements. (3) Release of Guarantee Security. The Board of Commissioners may release a portion of any security posted as the improvements are completed. If the Board of Commissioners approves said improvements, then it shall immediately release any security posted. (C) Submission Procedure. The subdivider shall submit the final plat, so marked, to the Land Use Administrator not less than fourteen (14) days prior to the Board of Commissioners meeting at which it will be reviewed; further, then final plat for the first stage of the subdivision shall be submitted not more than twenty-four (24) months after the date on which the preliminary plat was approved; otherwise such approval shall be null and void, unless a written extension of this limit is granted by the Board of Commissioners upon written request of the subdivider on or before the twenty-four (24) month anniversary of the approval. For subdivisions developed in stages, each successive final plat for a stage of the subdivision shall be submitted for approval within twenty-four (24) months of the date of approval of the previous final plat for a stage of the subdivision. 224 1 The final plat shall be prepared by a Registered Land Surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provision for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 and the Standards of Practice for Land Surveying in North Carolina. Five (5) copies of the final plat shall be submitted, two (2) of these shall be on reproducible material, three (3) shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Pender County Register of Deeds. The final plat shall be of a size suitable for recording with the Pender County Register of Deeds and shall be at a scale of not less than one (1) inch equals two hundred (200) feet. Maps may be placed on more than one sheet with appropriate match lines. Submission of the final plat shall be accompanied with a filing fee of thirty dollars ($30.00). The final plat shall meet the specifications in Section 14-27 of this Ordinance. The following signed certificates shall appear on all five (5) copies of the final plat. (1) Certificate of Ownership and Dedication. I hereby certify that I am the owner of the propertyshown and described hereon, which is located in the subdivision jurisdiction of the Town of Burgaw and that I hereby adopt this plan of subdivision with my free consent, establish minimum building setback lines, and dedicate all streets, alleys, walks, parks, open space, and other sites and easements to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm sewer, and water lines to the Town of Burgaw. Owner Date (2) Certificate of Survey and Accuracy. In accordance with G.S. 47-30: There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision as calculated by latitudes and departures before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and 225 a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be probated as required by law for the registration of deeds. Where a plat consists of more than one sheet, only the first sheet must contain the certification and all subsequent sheets must be signed and sealed. The certificate required above shall include the source of information for the survey and data indicating the accuracy of closure of the plat before adjustments, and shall be in substantially the following form: «l, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book_, Page _, etc.) (other); that the boundaries not surveyed are shown as broken lines plotted from information found in Book_, Page _; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this ____ day of ,A.D.20 " Seal or Stamp Surveyor Registration Number The certificate of the Notary shall read as follows: "North Carolina, County. I, a Notary Public of the County and State aforesaid, certify that a registered land surveyor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of ,20 Seal or Stamp Notary Public My commission expires 226 (3) Certificate of Approval of the Design and Installation of Streets. Utilities, and Other Required Improvements. I hereby certify that all streets, utilities, and other required improvements have been installed in accordance with NC Department of Transportation specifications and standards, or that guarantees of the installation of the required improvements in an amount and manner satisfactory to the Town of Burgaw has been received, and that the filing fee for this plat, in the amount of $30.00, has been paid. Land Use Administrator, Town of Burgaw Date (4) Certificate of Disclosure: Pender County Floodnlain Management Regulations, if applicable, to be signed by owner: I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign a statement which fully and accurately discloses that the subject real estate, or a portion of the subject real estate, is located within a flood hazard area and that the buyer must satisfy the requirements of Pender County floodplain management regulations prior to the issuance of building permits. Date Owner's Signature Owner's Signature (5) Acknowledgment of Compliance (Private Developments). I, , (name of developer and/or seller) hereby certifies that the streets, parks, open space, or other areas delineated hereon and dedicated to private use, and all traffic markings and control devices shall not be the responsibility of the public or the municipality, acting on behalf of the public, to maintain. Furthermore, prior to entering any agreement or any conveyance with any prospective buyer, I shall prepare and sign, and the buyer of the subject real estate shall receive and sign, an acknowledgment of receipt of a disclosure statement. The 227 L (6) disclosure statement shall fully and completely disclose the private areas and include an examination of the consequences and responsibility as to the maintenance of the private areas, and shall fully and accurately disclose the party or parties upon whom the responsibility for construction and maintenance of such private areas shall rest. Date Signature of Developer and/or Seller Signature of Developer and/or Seller Notwithstanding any other provision contained in this section, it is the duty of the surveyor, by a certificate on the face of the plat, to certify to one of the following: (a) That the survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land; (b) That the survey is located in such portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land; (c) That the survey is of an existing parcel or parcels of land; (d) That the survey is of another category, such as the recombination of existing parcels, a court -ordered survey, and other exception to the definition of a subdivision; (e) That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of his or her professional ability as to provisions contained in Section 14-26(C) (1) through (C) (5) above. However, if the plat contains the certificate of a surveyor as stated in (a), (d), or (e) above, then the plat shall have, in addition to said surveyor's certificate, a certification of approval, or no approval required, as may be required by local ordinance from the appropriate government authority before the plat is presented for recordation. If the plat contains the certificate of a surveyor as stated in (b) and (c), above, nothing shall prevent the recordation of the plat if all other provisions have been met. 228 The Planning Board shall review the final plat at or before the next regularly scheduled meeting which follows at least fourteen (14) days after the Land Use Administrator receives the final plat and shall recommend approval, conditional approval with modifications to bring the plat into compliance, or disapproval of the final plat with reasons within forty-five (45) days of its first consideration. During its review of the final plat, the Planning Board may appoint a Registered Land Surveyor to confirm the accuracy of the final plat, if agreed to by the Town Manager. If errors are found which make the plat non -recordable, the costs shall be charged to the subdivider, and the plat shall not be recommended for approval until such errors have been corrected. If the Planning Board approves the final plat, it shall transmit all copies of the plat and its written recommendations to the Board of Commissioners through the Land Use Administrator. If the Planning Board recommends conditional approval of the final plat with modifications to bring the plat into compliance, it shall retain one (1) print of the plat for its minutes, return its written recommendation and two (2) reproducible copies of the plat to the subdivider, and transmit one (1) print of the plat and its written recommendation to the Board of Commissioners through the Land Use Administrator. If the Planning Board disapproves the final plat, it shall instruct the subdivider concerning resubmission of a revised plat, and the subdivider may make such changes as will bring the plat into compliance with the provisions of this Ordinance and resubmit same for ' reconsideration by the Planning Board, or appeal the decision to the Board of Commissioners. Failure of the Planning Board to make a written recommendation within forty-five (45) days shall constitute grounds for the subdivider to apply to the Board of Commissioners for approval. If the Planning Board recommends approval or conditional approval with modifications to bring the plat into compliance, or the subdivider appeals to the Board of Commissioners, the Board of Commissioners shall review and approve or disapprove the final plat within forty- five (45) days after the plat and recommendations of the Planning Board have been received by the Land Use Administrator. 229 If the Board of Commissioners approves the final plat, such approval shall be shown on each copy of the plat by the following signed certificate: Certificate of Approval for Recording. I hereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the Town of Burgaw, North Carolina, and that this plat has been approved by the Board of Commissioners for recording in the Office of the Register of Deeds of Pender County. Chairman of the Board of Commissioners ' Date Burgaw, North Carolina If the final plat is disapproved by the Board of Commissioners, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Ordinance with which the final plat does not comply. One (1) copy of such reasons and one (1) copy of the plat shall be retained by the Board of Commissioners as part of its proceedings; one (1) copy of the reasons and three (3) copies of the plat shall be transmitted to the subdivider. If the final plat is disapproved,the subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Planning Board and Board of Commissioners. If the final plat is approved by the Board of Commissioners, the original tracing and one (1) print of the plat shall be retained by the subdivider. One (1) reproducible tracing and one (1) print shall be filed with the Town Clerk, and one (1) print shall be returned to the Board of Commissioners for its records. The subdivider shall file the approved final plat with the Register of Deeds of Pender County within thirty (30) days of the Board of Commissioners' approval; otherwise, such approval shall be null and void. 230 ISection 14-27: Information to be Contained in or Depicted on Major Preliminary and 1 All Final Plats The preliminary and final plats shall depict or contain the information indicated in the following table. An 'Y' indicates that the information is required. Information Preliminary Plat Final Plat Title Block Containing: —Property Designation x x —Name of Owner x x —Location (including township, county, and state) x x —Date or dates survey was conducted and plat prepared x x A scale of drawing in feet per inch listed in words or x x figures A bar graph x x —Name, address, registration number, and seal of the x x Registered Land Surveyor The name of the subdivider x x A sketch vicinity map showing the relationship between the x x proposed subdivision and surrounding area. Scale: 1" = 400' Corporate limits, township boundaries, county lines if on the x x subdivision tract The names, addresses, and telephone numbers of all owners, x x mortgagees, registered land surveyors, land planners, architects, landscape architects, and professional engineers responsible for the subdivision The registration numbers and seals of the professional x x engineers Date of plat preparation x x North arrow and orientation x x The boundaries of the tract or portion thereof to be x subdivided, distinctly and accurately represented with all bearings and distances shown The exact boundary lines of the tract to be subdivided, fully x dimensioned by lengths and bearings, and the location of existing boundary lines of adjoining lands The names of owners of adjoining property x x 231 Information Preliminary Plat Final Plat The names of any adjoining subdivisions of record or proposed and under review x x Building line minimum x x The zoning classifications of the tract to be subdivided and adjoining properties x Existing property lines on the tract to be subdivided and on adjoining properties x Existing buildings or other structures, water courses, railroads, bridges, culverts, storm drains, both on the land to be subdivided and land immediately adjoining x x Proposed lot lines, lot and block numbers, and approximate dimensions x The lots numbered consecutively throughout the subdivision x Wooded areas, marshes, swamps, rock outcrops, ponds or lakes, streams or streambeds, and any other natural features affecting the site x The exact location of the flood hazard, floodway, and floodway fringe areas from the Pender County Official Flood Insurance Map x x The following data concerning streets: —Proposed public streets x x —Proposed private streets x x —Existing and platted streets on adjoining properties and in the proposed subdivision x x —Rights-of-way, location, and dimensions in accordance with Section 15-6 of this Ordinance x x —Pavement widths x x1 —Approximate grades x x' —Design engineering data for all corners and curves x x —Typical street cross -sections x xi —Street names x x —For private streets, a street maintenance agreement in accordance with Section 15-6(C) of this Ordinance x 232 Information Preliminary Plat Final Plat —Type of street dedication; all streets must be designated x x either "public" or "private." The subdivider must submit all public or private street plans to the Land Use Administrator for approval prior to preliminary plat approval. Where public streets are involved which will not be dedicated to the Town of Burgaw, the subdivider must submit the following documents to the NC Department of Transportation District Highway Office for review: a complete site layout, including any future expansion anticipated; horizontal alignment indicating general curve data on site layout plan; vertical alignment indicated by percent grade, PI station and vertical curve length on site plan layout; the District Engineer may require the plotting of the ground profile and grade line for roads where special conditions or problems exist; typical section indicating the pavement design and width and the slopes, widths, and details for either the curb and gutter or the shoulder and ditch proposed; drainage facilities and drainage areas Where streets are dedicated to the public, but not accepted x into the Town of Burgaw system or the state system before lots are sold, a statement explaining the status of the street in accordance with Section 15-6(E) of this Ordinance —If any street is proposed to intersect with a state -maintained x road, the subdivider shall apply for driveway approval as required by the North Carolina Department of Transportation, Division of Highways' Manual on Driveway Regulations. Evidence that the subdivider has obtained such approval The location and dimension of all of the following: —Utility and other easements x x —Riding trails x x —Natural buffers x x —Pedestrian or bicycle paths x x —Parks and recreation areas with specific type indicated x x Areas to be dedicated to or reserved for public use x x Areas to be used for purposes other than residential with x x the zoning classification of each stated 233 Information Preliminary Plat Final Plat The future ownership (dedication or reservation for public x use to governmental body, for owners to duly constituted homeowners' association, or for tenants remaining in subdivider's ownership) of recreation and open space lands The plans for utility layouts including: —Sanitary sewers x x1 —Storm sewers x x1 —Other drainage facilities, if any x x1 Water distribution lines x x1 —Natural gas lines x x' —Telephone lines x x1 —Electric lines x x1 illustrating connections to existing systems, showing line sizes, the location of fire hydrants, blowoffs, manholes, force mains, and gate valves Plans for individual water supply and sewage disposal x x systems, if any —Profiles based upon Mean Sea Level datum for sanitary x sewers and storm sewers Site calculations including: —Acreage in total tract to be subdivided x Acreage in parks and recreation and open space areas and x other nonresidential areas —Total number of parcels created x Acreage in the smallest lot in the subdivision x —Sufficient engineering data to determine readily and x reproduce on the ground every straight or curved line, street line, lot line, right-of-way line, easement line, and setback line, including dimensions, bearings, or deflection angles, radii, central angles, and tangent distance for the center line of curved property lines that are not the boundary line of curved streets. All dimensions shall be measured to the nearest one - tenth of a foot and all angles to the nearest minute —The accurate locations and descriptions of all monuments, x markers, and control points —A copy of any proposed deed restrictions or similar x x covenants. Such restrictions are mandatory when private recreation areas or open space areas are established 234 Information Preliminary Plat Final Plat Where land disturbing activity is an acre or more in size, a x copy of the erosion control plan submitted to the appropriate office of the North Carolina Department of Environment and Natural Resources, which complies with N.C.G.S. 113A, Article 4 (Sedimentation Pollution Control Act of 1973). Evidence of approval must be provided prior to submittal of a final plat for approval —Topographic maps with contour intervals of no greater than x five (5) feet at a scale of no less than one (1) inch equals four hundred (400) feet --404 wetland areas as determined by the Wilmington x x District office of the U.S. Army Corps of Engineers All certifications required in Section 14-25 x Any other information considered by either the subdivider, ` x x the Planning Board, or Board of Commissioners, to be pertinent to the review of the plat All mapping shall comply with G.S. 47-30 17 x x 'Required on final plat only for minor subdivisions. Section 14-28: Recombination of Land (A) Any plat or any part of any plat may be nullified by the owner at any time before the sale of any lot in the subdivision by a written instrument to which a copy of such plat shall be attached, declaring the same to be vacated. (B) Such an instrument shall be approved by the same agencies as approved the final plat. The governing body may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys. (C) Such an instrument shall be executed, acknowledged or approved, and recorded and filed in the same manner as a final plat; and being duly recorded or filed, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat. 235 (D) When lots have been sold, the plat may be nullified in the manner provided in Sections (A) through (C) above, by all owners of the lots in such plat joining in the execution of such writing. Section 14-29: Resubdivision Procedures For any replatting or resubdivision of land, the same procedures, rules, and regulations shall apply as prescribed herein for an original subdivision. PART III. VESTED RIGHT PROVISIONS Section 14-30: Purpose The purpose of this section is to provide for the establishment of a zoning vested right, as created by N.C.G.S. 160A-385.1, upon the approval of a site specific development plan. Section 14-31: Establishment of a Zoning Vested Right (A) A zoning vested right is established upon the valid approval, or conditional approval, by the Board of Commissioners or Board of Adjustment, as applicable, of a site specific development plan, following notice and hearing. (B) The approving authority may approve a site specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. (C) Notwithstanding subsections (a) and (b), approval of a site specific development plan with the condition that a variance be obtained shall not confer a zoning vested right until the necessary variance is obtained. (D) A site specific development plan is approved upon the effective date of the approval authority's action or Ordinance relating thereto. (E) A zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land -use regulation by the town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Otherwise applicable new or amended regulations shall become effective with respect to property that is subject to a site specific development plan upon the expiration or termination of the vested right in accordance with this section. 236 (F) A zoning vested right is not a personal right, but shall attach to and run with the applicable property. After approval of a site specific development plan, all successors to the original landowner shall be entitled to exercise such right while applicable. ISection 14-32: Approval Procedures and Approval Authority (A) Except as otherwise provided in this section, an application for site specific development plan approval shall be processed in accordance with the procedures established by Ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made. (B) Notwithstanding the provisions of subsection (a), if the authority to issue a particular zoning or land use permit or approval has been delegated to a board, committee or administrative official other than the Board of Commissioners or Board of Adjustment, or other planning agency designated to perform the duties of the Board of Adjustment, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Board of Commissioners or Board of Adjustment, following public notice and hearing in accordance with N.C.G.S. 160A-364. (C) In order for a zoning vested right to be established upon approval of a site specific development plan, the applicant must indicate at the time of application, on a form to be provided by the Land Use Administrator, that a zoning vested right is sought. (D) Each map, plat, site plan or other document evidencing a site specific development plan shall contain the following notation: "Approval of this plan established a zoning vested right ' under N.C.G.S. 160A-385.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)." (E) Following approval or conditional approval of a site specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval. (F) Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or the Zoning Ordinance. 237 Section 14-33: Duration (A) A vested zoning right shall remain vested for a period of two years unless the period is extended in accordance with the subsection (2) below. This vesting shall not be extended by amendments or modifications to a site specific development plan unless the approval authority extends it upon approval of the amendment or modification. (B) Notwithstanding subsection (a) above, the approval authority may provide that rights shall be vested for a period exceeding two years, but not exceeding five years, where warranted by relevant circumstances, including, but not limited to, the size of the development, the level of investment, the need for or desirability of the development, economic cycles and market conditions. These determinations shall be at the sound discretion of the approval authority at the time the site specific development plan is approved. (C) Upon issuance of a building permit, the expiration provisions of N.C.G.S. 160A418 and the revocation provisions of N.C.G.S. 160A422 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding. Section 14-34: Termination A zoning right that has been vested as provided in this section shall terminate: (A) at the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed; (B) with the written consent of the affected landowner; (C) upon findings by the Board of Commissioners, by Ordinance after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as contemplated in the site specific development plan; (D) upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing and architectural, planning, marketing, legal, and other consultant's fees incurred after approval by the town, together with interest thereon at the legal rate until paid. 238 Compensation shall not include any diminution in the value of the property which is caused by such action; (E) upon findings by the Board of Commissioners, by Ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site specific development plan; or (F) upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change has a fundamental effect on the plan, by Ordinance after notice and a hearing. Section 14-35: Voluntary Annexation A petition for annexation filed with the town under N.C.G.S. 160A-31 or N.C.G.S. 160A-58.1 shall contain a signed statement declaring whether any zoning vested right with respect to the properties subject to the petition has been established under N.C.G.S. 160A-385.1 or N.C.G.S. 153A-344.1. A statement that declares that no zoning vested right has been established under N.C.G.S. 160A-385.1 or N.C.G.S. 153A-344.1, or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner and any such zoning vested right shall be terminated. Section 14-36: Limitations Nothing in this section shall create any vested right other than those established pursuant to N.C.G.S. 160A-385.1. Section 14-37: Repealer In the event that N.C.G.S. 160A-385.1 is repealed, Article 14, Part III of this Ordinance shall be deemed repealed. Section 14-38: Effective Date This section shall be effective February 4, 1992, and shall only apply to site specific development plans approved on or after February 4, 1992. 239 ARTICLE 15. IMPROVEMENTS REQUIRED AND MINIMUM STANDARDS OF DESIGN Section 15-1: General Each subdivision shall contain the improvements specified in this Article, which shall be installed in accordance with the requirements of this Ordinance and paid for by the subdivider, unless other means of financing is specifically stated in this Ordinance. Land shall be dedicated and reserved in each subdivision as specified in this Article. Each subdivision shall adhere to the minimum standards of design established by this Article, and contain the following improvements: Paved Streets per Section 15-6 Drainage Central Water and Hydrants Central Sewer Street Lighting Section 15-2: Suitability of Land (A) Land which has been determined by the Board of Commissioners on the basis of engineering and other expert surveys to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose, unless and until the subdivider has taken the necessary measures to correct said conditions and to eliminate said dangers. (B) Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Pender County Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purpose proposed. (C) Prevention of Flood Damage. Lands known to be within a floodplain or any area known to be subject to flooding shall be so identified on the preliminary plat. Appropriate deed restrictions shall be filed for those lands subject to flooding, prohibiting their development for dwellings or other uses unless the sites are floodproofed as follows: (1) No structures or fill shall be placed in the floodway which would interfere with the natural water course. 240 (2) Streets and structures may be placed within the floodplain only if their elevation is raised above maximum flood heights or if they are otherwise floodproofed. Utility lines shall be placed so as to minimize flood damage and infiltration. (3) Dwellings and self-contained sewage disposal units (if used) shall be built at an elevation above maximum flood heights. (4) The subdivision drainage system shall be designed to prevent increased flood flows due to newly developed impervious surfaces and other factors. Section 15-3: Natural Assets In any subdivision, due consideration will be given to preserving natural features such as trees, ponds, streams, rivers, lakes, and for any historical sites which are of value not only to the subdivision but to the town's area of jurisdiction as a whole. Section 15-4: Name of Subdivision The name of a subdivision shall not duplicate nor closely approximate the name of an existing subdivision within the jurisdiction of the town. Section 15-5: Water and Sewerage System The preliminary subdivision plat must be accompanied by satisfactory evidence as to the proposed method and system of water supply and sanitary sewage collection and disposal. (A) Sanitary Sewers. All subdivisions within the town's corporate limits, or subdivisions which may be provided access to a town -owned sewer line via one hundred 0 00) linear feet or less of existing publicly owned right-of-way or easement, shall have sanitary sewers installed with minimum 8-inch gravity lines by the subdivider in such a manner as to serve adequately all lots with connection to the town's public sewerage system. Sewer line services shall be provided to all lots. Connection to the town's sewer system will not be required unless the town can provide the owner/developer a guarantee of capacity available. in the town's collection system and sewage treatment plant to accept and treat the additional sewer discharge. Sewer connection shall comply with the regulations of the state Board of Health, and shall be constructed under the supervision and approval of the County Health Official 241 and the Land Use Administrator. Installment shall be in accordance with approved permits, and the design approved by the town in the subdivision review process. Where the sewer system is to be connected to the system owned and operated by the town, or private system approved by the Division of Environmental Management and Pender County Environmental Health Department, but not constructed by the town, the preliminary subdivision plat shall be accompanied by a complete set of construction plans for the proposed system, prepared by a registered engineer, and approved by the engineer of the public sewer system, and the appropriate state agency. (B) Water Supply System. All subdivisions within the town's corporate limits, or subdivisions which may be provided access to a town -owned water line via one hundred (100) linear feet or less of existing publicly owned right-of-way or easement, shall be properly connected with a minimum 8-inch feeder or trunk supply line to the town's water system, and shall be constructed in such a manner as to serve adequately for both domestic use and for fire protection on all lots shown on the subdivision plat. Water line services shall be provided to all lots. Lines internal to the subdivision shall have a minimum size of 8 inches. The subdivider shall provide all labor, pipe, and necessary materials. The size of water mains, ' the location and types of valves and hydrants, and the amount of soil cover over the pipes, and other features of the installation, shall be approved by the Land Use Administrator and the engineer of the public water system. The improvements shall be installed in accordance with approved permits and the design approved by the town in the subdivision review process. Water supply systems should be approved by the fire department as to location of hydrants and size of mains. All water lines shall be laid out so as to create a complete circuit, with no dead end lines in excess of 750 feet. A blowoff shall be placed at all dead ends. (C) Water and sewer lines should be installed in the street rights -of -way where possible. 1 Section 15-6: Streets (A) Coordination and Continuation of Streets. The proposed street layout within a subdivision shall be coordinated with the existing street system of the surrounding area, and where possible, existing principal streets shall be extended. 242 (B) Access to Adiacent Properties. Where, in the opinion of the Planning Board, it is necessary to provide for street access to an adjoining property, proposed streets shall be extended by dedication to the boundary of such property and a temporary turnaround shall be provided. (C) Private Streets. Streets designated as private may be allowed in subdivisions when in the opinion of the Board of Commissioners, they provide adequate ingress and egress onto collector streets, and sufficient assurance is provided through a legally established homeowners' association, that the street shall be properly maintained. All such streets shall be designated a "Private Street" on the preliminary plans and final plats. Whenever a private street intersects a US or NC highway or NC secondary road, a statement of approval for the intersection, signed by the District Engineer, North Carolina Department of Transportation, Division of Highways for Pender County, shall be submitted concurrent with the final plat. All private streets must meet Department of Transportation standards for construction and maintenance. A homeowners' association shall be established for each subdivision containing private streets and drainage systems. The final plat for each such subdivision shall contain a certificate indicating the book and page number of the homeowners' association covenants, conditions, and restrictions. The covenants, conditions, and restrictions shall specify lot owners' responsibilities for maintenance of private streets and drainage systems, and shall provide for assessments to finance all maintenance activities. Covenants shall provide that the homeowners' association will construct all stub streets prior to offering any connecting for acceptance by NCDOT or the town. Final plats for subdivisions containing private streets and drainage improvements will not be approved until the subdivider's homeowners' association documents have been submitted and approved by the Board of Commissioners. (D) Maruinal Access Streets. Where a tract of land to be subdivided adjoins a principal arterial street, the subdivider may be required to provide a marginal access street parallel to the arterial street or reverse frontage on a minor street for the lots to be developed adjacent to the arterial street. Where reverse frontage is established, private driveways shall be prevented from having direct access to the expressway. 243 (E) Subdivision Street Disclosure Statement. All streets shown on the final plat shall be designated in accordance with G.S. 136-102.6, and designation as public shall be conclusively presumed an offer of dedication to the public. Where streets are dedicated to the public but not accepted into a municipal or the state system, before lots are sold, a statement explaining the status of the street shall be included with the final plat. (F) Half -Streets. The dedication of half streets of less than sixty (60) feet at the perimeter of a new subdivision shall be prohibited. If circumstances render this impractical, adequate provision for the concurrent dedication of the remaining half of the street shall be furnished by the subdivider. Where there exists a half -street in an adjoining subdivision, the remaining half shall be provided by the proposed subdivision. However, in circumstances where more than sixty (60) feet of right-of-way is required, a partial width right-of-way, not less than sixty (60) feet in width, may be dedicated when adjoining undeveloped property is owned or controlled by the subdivider; provided that the width of the partial dedication is such as to permit the installation of such facilities as may be necessary to serve abutting lots. When the adjoining property is subdivided, the remainder of the full required right-of-way shall be dedicated. (G) Street Names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided, and in no case shall the proposed name be phonetically similar to existing names irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Board of Commissioners. (H) Collector and Minor Streets. Collector and minor streets shall be so laid out that their use ' by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, and other places of public assembly. (I) Design Standards. The design of all streets and roads within the jurisdiction of this Ordinance shall be in accordance with the accepted policies of the North Carolina Department of Transportation, Division of Highways, as taken or modified from the American Association of State Highway Officials (AASHO) manuals. The NC Department of Transportation, Division of Highways' Subdivision Roads, Minimum Construction Standards, July 1, 1985, or the current NC Department of Transportation standards, shall apply for any items not included in this Ordinance, or where stricter than ' this Ordinance. 244 (J) Nonresidential Streets. The subdivider of a nonresidential subdivision shall provide streets in accordance with I.F.4 of the North Carolina Roads, Minimum Construction Standards, July 1, 1985; or current applicable North Carolina Department of Transportation Standards; and the standards of this Ordinance, whichever are stricter in regard to each particular item. (K) (L) Right -of -Way Widths. Right-of-way widths shall not be less than the following: Principal Arterial Freeways Other Major Collector Major Thoroughfare other than Freeway and Expressway Minor Thoroughfare Local Street Cul-de-sac Minimum Right -of -Way (ft.) 350 200 100 90 70 60 100' diameter for turnaround and 45' for street right-of-way Pavement Widths. Pavement widths or graded widths shall be as follows: Minor Thoroughfare Local Road Marginal Access (frontage) Cul-de-sac Cul-de-sac turnaround Streets without Curb and Gutter 40 ft. 20 ft. 20 ft. 20 ft. 80 ft. in dia. Pavement widths for principal arterials and major thoroughfares shall be determined in concert with the NC Department of Transportation and the Burgaw Thoroughfare Plan. (M) Roads and Street Surfaces. All public and private subdivision streets and roads shall be constructed and paved to meet the current requirements of the North Carolina Department of Transportation, Division of Highways' standards for state maintenance. 245 (l) Tangents. A tangent of at least one hundred 0 00) feet shall be provided between reverse curves on all streets. (0) Street Intersections. Street intersections shall be laid out as follows: (1) All streets shall intersect as nearly as possible at right angles and no street shall intersect at less than sixty (60) degrees. (2) Intersections with a major street shall be at least one thousand (1,000) feet apart, rmeasured from centerline to centerline. (3) Where a centerline offset (jog) occurs at an intersection, the distance between centerline of the intersecting streets shall be not less than two hundred (200) feet. (4) Property lines at intersections should be set so that the distance from the edge of pavement of the street turnout to the property line will be at least as great as the distance from the edge of pavement to the property line along the intersecting streets. The property line can be established as a radius or as a sight triangle. Greater offsets from the edge of pavement to the property lines will be required, if necessary, to provide sight distance for the vehicle on the side street. (P) Alleys (1) Alleys shall be required to serve lots used for commercial and industrial purposes except that this requirement may be waived where other definite and assured ' provision is made for service access. Alleys shall not be provided in residential subdivision unless necessitated by unusual circumstances. (2) All alleys shall be designed in accordance with the Department of Transportation, Division of Highways' specifications and standards and shall meet the following requirements: Right-of-way width 20 feet Property line radius at alley intersection 15 feet Minimum centerline radius when deflection angle of not 35 feet more than 10 degrees occurs 246 Minimum turnaround diameter of dead end alley (right- 80 feet of -way width) (3) Sharp changes in alignment and grade shall be avoided. (4) All alleys shall be designed in accordance with NC Department of Transportation Standards. (Q) Geometric Characteristics. The standards outlined below shall apply to all subdivision streets proposed for addition to the State Highway System or Municipal Street System. In cases where a subdivision is sought adjacent to a proposed thoroughfare corridor, the requirements of dedication and reservation discussed under Right -of -Way shall apply. (1) Design Sneed. The design speeds for subdivision -type streets shall be: Desirable (Minimum) Urban Minor Thoroughfares 60 50 Local Streets 40 40 (2) Maximum and Minimum Grades. The maximum grades in percent shall be: 60 Desirable 40 Desirable (50 Minimum) (40 Minimum) Type of Topography Flat-NCDOT Divisions 3 5 1, 2, 3, 4, and 5 (4) (5) The minimum grade in no case shall be less than 0.5%. Grades for 100 feet each way from intersections should not exceed 5%. (R) Minimum Sight Distances. In the interest of public safety, the minimum sight distance applicable shall be provided in every instance. Vertical curves that connect each change in grade shall be provided and calculated using the following parameters. (General practice calls for vertical curves to be multiples of 50 feet. Calculated lengths should be rounded up in each case.) 247 Design Sneed, MPH Stopping Sight Distance Min. Stopping Distance, Ft. Des. Stopping Distance, Ft. Minimum K* Value For: Min. Crest Vert. Curve Des. Crest Vert. Curve Min. SAG Vert. Curve Des. SAG Vert. Curve Passing Sight Distance Min. Passing Distance, Ft. (2 lane) Min. K* Value for Crest Vert. Curve 20 30 40 50 60 150 200 275 350 475 150 200 300 450 650 16 28 55 85 160 16 28 65 145 300 24 35 55 75 105 24 35 60 100 155 1100 1500 1800 2100 365 686 985 1340 K* is a coefficient by which the algebraic difference in grade may be multiplied to determine the length in feet of the vertical curve which will provide minimum sight distance. Sight distance provided for stopped vehicles at intersections should be in accordance with "A Policy on Geometric Design of Rural Highways," and the Zoning Ordinance for the Town of Burgaw. (S) Design Speeds. The following table shows the maximum degree of curve and related maximum superelevation for design speeds. The maximum rate of roadway superelevation (e) for roads with no curb and gutter is .08. The maximum rate of superelevation for streets with curb and gutter is .06, and .04 being desirable. Design Speed MPH Maximum e* Minimum Radius (Rounded) Feet Maximum Degree of Curve (Rounded) Degrees 20 .04 125 45.00 30 .04 302 19.00 40 .04 573 10.00 50 .04 955 6.00 60 .04 1528 3.45 20 .06 115 50.00 30 .06 273 21.00 40 .06 509 11.15 50 .06 844 6.45 248 Minimum Maximum Degree of Design Speed Maximum Radius Curve (Rounded) MPH e* (Rounded) Feet Degrees 60 .06 1380 4.15 20 .08 110 53.50 30 .08 252 22.45 40 .08 468 12.15 50 .08 764 7.30 60 .08 1206 4.45 *Maximum rate of roadway superelevation, foot per foot. M Cul-de-Sacs. Cul-de-sacs shall not exceed 750 feet in length. Section 15-7: Blocks (A) Design Standards for Blocks. (1) General. The lengths, widths, and shapes of blocks shall be determined with due regard to: provision of adequate building sites suitable to the special needs of the type of use contemplated; zoning requirements as to lot sizes and dimensions; needs forvehicular and pedestrian circulation, control and safetyof street traffic; limitations and opportunities of topography; and convenient access to water areas. (2) Block Length. Blocks shall not be less than four hundred (400) feet nor more than thirteen hundred twenty 0 320) feet in length. (3) Block Width. Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth except where single -tier lots are required to separate residential development from through vehicular traffic or another type of use, or when abutting a water area. (4) Pedestrian Crosswalks. Where deemed necessary by the Board of Commissioners, a pedestrian crosswalk at least ten (10) feet in width may be required to provide convenient public access to a public area such as a park or school or to a water area such as a stream or lake. 249 (5) 1 Section 15-8: Lots Block Numbers. Block numbers shall conform to the town street numbering system. (A) Design Standards for Lots. (1) Subdivisions Subiect to Zoning Ordinance District Regulations. All lots in new subdivisions shall conform to the zoning requirements of the district in which the subdivision is located. Conformance to zoning requirements means, among other things, that the smallest lot in the subdivision must meet all dimensional requirements of the zoning ordinance. It is not sufficient merely for the average lot to meet zoning requirements. (2) Large Tracts or Parcels. Where land is subdivided into larger parcels than ordinary building lots, such parcels should be arranged so as to allow for the opening of future streets and logical further resubdivision. (3) Flag Lots. Flag lots are prohibited. (4) Access. All lots subdivided under the terms of this Ordinance shall front on an approved public or private street. Section 15-9: Easements (A) Design Standards for Easements. Easements shall be provided as follows: (1) Utility Easements. Easements for underground or above ground utilities shall be provided where necessary across lots or preferably centered on rear or side lot lines and shall be at least ten 0 0) feet in width. As a minimum, a five (5) foot utility easement shall be required and shown on all final plats along all rear and side property lines. This easement shall be reserved for future use if not utilized at the time of initial subdivision construction, including storm drainage facilities. (2) Drainage Easements. Where a subdivision is traversed by a stream or drainage way, an easement shall be provided conforming with the lines of such stream and of sufficient width as will be adequate for the purpose. 1 250 (3) Buffer Strips. A buffer strip at least fifty (50) feet in width may be required by the Planning Board adjacent to a major street or a commercial or industrial development. This strip shall be in platted lot, and shall be reserved for the planting of trees and shrubs by the owners. Section 15-10: Other Requirements (A) Through Traffic Discouraged on Residential Collector and Local Streets. Residential collector and local streets shall be laid out in such a way that their use by through traffic will be discouraged. Streets shall be designed or walkways dedicated to assure convenient access to parks, playgrounds, schools, or other places of public assembly. (B) Sidewalks. Sidewalks may be required by the Board of Commissioners on one or both sides of the street in areas likely to be subject to heavy pedestrian traffic such as near schools and shopping areas. Such sidewalks shall be constructed to a minimum width of four (4) feet, and shall consist of a minimum thickness of four (4) inches of concrete. All sidewalks shall be placed in the right-of-way, unless the development is platted as a planned unit or group development. Sidewalks shall consist of a minimum of six (6) inches of concrete at driveway crossings. (C) Street Names. Proposed streets which are obviously in alignment with existing streets shall be given the same name. In assigning new names, duplication of existing names shall be avoided, and in no case shall the proposed name be phonetically similar to existing names in the county irrespective of the use of a suffix such as street, road, drive, place, court, etc. Street names shall be subject to the approval of the Board of Commissioners. (D) Street Name Signs. The subdivider shall be required to provide and erect street name signs to the town standards at all intersections within the subdivision. (E) Permits for Connection to State Roads. An approved permit is required for connection to any existing state system road. This permit is required prior to any construction on the street or road. The application is available at the office of the nearest district engineer of the Division of Highways. 251 (F) Offsets to Utility Poles. Whenever possible, poles for overhead utilities should be located clear of roadway shoulders, preferably a minimum of at least thirty (30) feet from the edge of pavement on major thoroughfares. On streets with curb and gutter, utility poles should be set back a minimum distance of six (6) feet from the face of curb when possible. (G) Wheelchair Ramos. In accordance with Chapter 136, Article 2A, Section 136A4.14, all street curbs in North Carolina being constructed or reconstructed for maintenance procedures, traffic operations, repairs, correction of utilities, or altered for any reason after September 1, 1973, shall provide wheelchair ramps for the physically handicapped at -all intersections where both curb and gutter and sidewalks are provided, and at other major points of pedestrian flow. (H) Placement of Monuments. Permanent monuments shall be placed at the point of intersection on the centerlines of intersecting streets and at the point of intersection of the tangents or curves when such point lies completely within the pavement of the proposed street. Otherwise, monuments shall be placed on the centerline at the points of curvature and also at the points of tangency of all curved areas which are to be dedicated for street purposes. Such monuments shall be set nine (9) inches below the finished grade of pavement. A metal casting of approved type shall be mounted over said monument. Permanent monuments shall be either of stone or concrete. They shall be at least thirty (30) inches in length, minimum four (4) inches in diameter, and shall have a metal pin or punchmarked metal plates imbedded therein marking the point represented on the final plat. The location of all monuments shall be shown on the final plat. (I) Street Lir,hts. All subdivisions shall have street lights installed throughout the subdivision in accordance with the standards of the town as found in the town street lighting policy, and Carolina Power and Light Company. The developer shall be required to pay to the electric company the cost of street lighting installation. The street lighting system shall become the property of the Carolina Power and Light Company. Section 15-11: Construction Procedures (A) Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications have been approved by the appropriate authorities. 252 (B) Permits. No building, or other permits, shall be issued for erection of a structure on any lot ' not of record at the time of adoption of this Ordinance until all the requirements of this Ordinance have been met. ' (C) Access. The Land Use Administrator shall have access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this Ordinance. (D) Inspection. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Land Use Administrator to provide for adequate inspection. , The approving authorities having full jurisdiction, or their representatives, shall inspect and approve all completed work prior to release of the sureties. (E) Construction. Construction at any given time shall be confined to the smallest practical area , and for the shortest practical period of time. Section 15-12: Reimbursement of Subdivider by Town for Improvement Costs Over and Above Those Required to Serve a Subdivision (A) The Town of Burgaw may require installation of certain oversized improvements or the extension of utilities to adjacent property when it is in the interest of future development. The town, under conditions specified below, shall reimburse the subdivider for improvement costs incurred over and above those required to serve his immediate subdivision where required by the Board of Commissioners. Such reimbursement shall be made within sixty (60) days following the date of final inspection and acceptance of the improvement by the Board of Commissioners. (B) Installations Subiect to Reimbursement. (1) Street paving cost within the corporate limits which are above those requirements provided in Section 15-6(M), of these regulations. (2) The cost of materials for water mains over eight (8) inches in size, including the extra costs of lines over eight (8) inches incurred by the subdivider to reach his subdivision. 253 (3) The costs of materials for gravity sewer lines over eight (8) inches in size, including the extra costs of lines over eight (8) inches incurred by the subdivider to reach his subdivision. (C) Procedures for Reimbursement. (1) After plans and specifications for the improvements have been approved by the Board of Commissioners, the subdivider shall advertise for formal sealed bids to be opened publicly at the Town Hall for any improvements in which the town will be requested to participate. After approval by the Board of Commissioners, the contract shall be awarded to the lowest responsible bidder, who shall be required to furnish a performance bond guaranteeing fulfillment of the contract. (2) Following completion of improvements and acceptance by the Board of Commissioners, the subdivider shall furnish an itemized list of costs to be reimbursed by the town. 254 ' ARTICLE 16. APPEALS VARIANCES INTERPRETATIONS Section 16-1: Appeals ' (A) An appeal from any final order or decision of the administrator may be taken to the board of adjustment by any person aggrieved. An appeal is taken by filing with the administrator ' and the board of adjustment a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the administrator and the board of adjustment ' when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff. ' (B) An appeal must be taken within 30 days after the date of the decision or order appealed from. (C) Whenever an appeal is filed, the administrator shall forthwith transmit to the board of ' adjustment all the papers constituting the record relating to the action appealed from. (D) An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the board of adjustment that (because of facts stated in the certificate) a stay would, in his opinion, cause ' imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the board of adjustment or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator. i (E) The board of adjustment may reverse or affirm (wholly or partly) or may modify the order, ' requirement, decision, or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case ' before it. To this end, the board shall have all the powers of the officer from whom the appeal is taken. ISection 16-2: Variances ' (A) An application for a variance shall. be submitted to the board of adjustment by filing a copy of the application with the administrator in the planning department. Applications shall be handled in the same manner as applications for permits in conformity with the provisions of Sections 14-3 and 14-4. 255 (B) A variance may be granted by the board of adjustment if it concludes that strict enforcement of the Ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the Ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: (1) If the applicant complies strictly with the provisions of the Ordinance, he can make no reasonable use of his property; (2) The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public; (3) The hardship relates to the applicant's land, rather than personal circumstances; (4) The hardship is unique, or nearly so, rather than one shared by many surrounding properties; (5) The hardship is not the result of the applicant's own actions; and (6) The variance will neither result in the extension of a nonconforming situation in violation of Article 19 nor authorize the initiation of a nonconforming use of land. (C) In granting variances, the board of adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as ' practicable with the surrounding properties. , (D) A variance may be issued for an indefinite duration or for a specified duration only. P Y- (E) The nature of the variance and any conditions attached to it shall be entered on the face of ' the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are ' enforceable in the same manner as any other applicable requirement of this Ordinance. ' 256 Section 16-3: Interpretations (A) The board of adjustment is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Land Use Administrator, they shall be handled as provided in Section 16-1. (B) An application for a map interpretation shall be submitted to the board of adjustment by filing a copy of the application with administrator in the planning department. The application shall contain sufficient information to enable the board to make the necessary interpretation. (C) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: (1) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerline; (2) Boundaries indicated as approximately following lot lines, town limits, or extraterritorial boundary lines, shall be construed as following such lines, limits, or boundaries; (3) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines; (4) Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map; (5) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. (D) Interpretations of the location of floodway and floodplain boundary lines may be made by the administrator as provided in Section 8-6. 257 Section 16-4: Requests to be Heard Expeditiously As provided in Section 14-14, the board of adjustment shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article 17, and obtain the necessary information to make sound decisions. Section 16-5: Burden of Proof in Appeals and Variances (A) When an appeal is taken to the board of adjustment in accordance with Section 16-1, the administrator shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion. (B) The burden of presenting evidence sufficient to allow the board of adjustment to reach the conclusions set forth in Section 16-2 (B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance. Section 16-6: Board Action on Appeals and Variances (A) With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four -firths vote necessary for adoption (see Section 3-7), then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the board's decision if supported by more than one -fifth of the board's membership (excluding vacant seats). (B) Before granting a variance, the board must take a separate vote and vote affirmatively (by a four -fifths majority -see Section 3-7) on each of the six required findings stated in Section 16-2(B). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in Section 16-2(B) shall include a statement of the specific reasons or findings of fact supporting such motion. 258 ' (C) A motion to deny a variance may be made on the basis that any one or more of the six ' criteria set forth in Section 16-2 (B) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board's decision if supported by more than one -fifth of the board's membership (excluding vacant seats). 259 ' ARTICLE 17. HEARING PROCEDURES FOR APPEALS AND APPLICATIONS ' Section 17-1: Hearing Required on Appeals and Applications (A) Before making a decision on an appeal or an application for a variance, special -use permit, or conditional -use permit, or a petition from the planning staff to revoke a special -use permit or conditional -use permit, the board of adjustment or the board of commissioners, as the case ' may be, shall hold a hearing on the appeal or application. ' (B) Subject to Subsection (C), the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify. (C) The board of adjustment or council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay. (D) The hearing board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates. ■ Section 17-2: Notice of Hearing IThe administrator shall give notice of any hearing required by Section 17-1 as follows: ' (A) Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing to such persons a written notice not later than 10 days ' before the hearing. (B) Notice shall be given to neighboring property owners by mailing a written notice not later ' than 10 days before the hearing to those persons who have listed for taxation real property any portion of which is located within 150 feet of the lot that is the subject of the application ' or appeal. Notice shall also be given by prominently posting signs in the vicinity of the 260 property that is the subject of the proposed action. Such signs shall be posted not less than seven days prior to the hearing. (C) In the case of conditional -use permits, notice shall be given to other potentially interested persons by publishing a notice one time in a newspaper having general circulation in the area not less than seven nor more than fifteen days prior to the hearing. (D) The notice required by this section shall state the date, time, and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed. Section 17-3: Evidence (A) The provisions of this section apply to all hearings for which a notice is required by Section 17-1. (B) All persons who intend to present evidence to the permit -issuing board, rather than arguments only, shall be sworn. (C) All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. Section 17-4: Modification of Application at Hearing (A) In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the board of commissioners or board of adjustment, the applicant may agree to modify his application, including the plans and specifications submitted. (B) Unless such modifications are so substantial. or extensive that the board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff. M Section 17-5: Record (A) A tape recording shall be made of all hearings required by Section IT 1, and such recordings shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made. (B) Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the town for at least two years. Section 17-6: Written Decision (A) Any decision made by the board of adjustment or board of commissioners regarding an appeal or variance or issuance or revocation of a conditional -use permit or special -use permit shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy. (B) In addition to a statement of the board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the board's findings and conclusion, as well as supporting reasons or facts, whenever this Ordinance requires the same as a prerequisite to taking action. 262 I ARTICLE 18. ENFORCEMENT AND REVIEW Section 18-1: Complaints Regarding Violations Whenever the administrator receives a written, signed complaint alleging a violation of this Ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. Section 18-2: Persons Liable The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation and suffer the ' penalties and be subject to the remedies herein provided. Section 18-3: Procedures Upon Discovery of Violations (A) If the administrator finds that any provision of this Ordinance is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion. (B) The final written notice (and the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of adjustment in accordance with Section 16-1. (C) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 18-4. 263 Section 18-4: Penalties and Remedies for Violations (A) Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or conditional -use permits, shall constitute a misdemeanor, punishable by a fine of up to $50, or a maximum 30 days imprisonment, or both. (B) Any act constituting a violation of the provisions of this Ordinance or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional -use permits, shall also subject the offender to a civil penalty of $25. If the offender fails to pay this penalty within 10 days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. A civil penalty may not be appealed to the board of adjustment if the offender was sent a final notice of violation in accordance with Section 18-3 and did not take an appeal to the board of adjustment within the prescribed time. (C) This Ordinance may also be enforced by any appropriate equitable action. (D) Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section. (E) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Ordinance. I Section 18-5: Permit Revocation (A) A zoning, sign or conditional -use permit may be revoked by the permit -issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed by the permit -issuing board. (B) Before a conditional -use permit may be revoked, all of the notice and hearing and other requirements of Article 17 shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. 264 (C) Before a zoning or sign permit may be revoked, the administrator shall give the permit ' recipient 10 days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore. t (D) No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, or conditional -use permit after such permit has been revoked in accordance with this Ordinance. Section 18-6: Judicial Review (A) Every decision of the board of commissioners granting or denying a conditional -use permit and every final decision of the board of adjustment shall be subject to review by the Superior Court of Pender County by proceedings in the nature of certiorari. ' (B) The petition for the writ of certiorari must be filed with the Pender County Clerk of Court within 30 days after the later of the following occurrences: (1) A written copy of the board's decision (see Section 17-6) has been filed in the office of the planning department, and (2) A written copy of the board's decision (see Section 17-6) has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case. (C) A copy of the writ of certiorari shall be served upon the Town of Burgaw. 265 ARTICLE 19. NONCONFORMING SITUATIONS Section 19-1: Continuation of Nonconforming Situations and Completion of Nonconforming Projects Nonconforming situations that were otherwise lawful on the effective date of this Ordinance may be continued, subject to the restrictions and qualifications set forth in Sections 19-2 through 19-6 of this section. Nonconforming projects may be completed only in accordance with the provisions of Section 19-6 of this section. Section 19-2: Nonconforming Lots (A) When a nonconforming lot can be used in conformity with all of the regulations (other than the area or width requirements) applicable to the district in which the lot is located, such a use may be made a use by right. Otherwise, the nonconforming lot may be used only in accordance with a conditional use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that (a) the proposed use is one permitted by the regulations applicable to the district in which the property is located, and (b) the property can be developed as proposed without any significant negative impact on the surrounding property or the public health, safety, or welfare. In issuing the permit authorized by this paragraph, the Board may allow deviations from applicable dimensional requirements (such as setback lines and yard size minimums) if it finds that no reasonable use of the property can be made without such deviations. (B) Whenever this Ordinance creates a nonconforming lot and the owner of the nonconforming lot also owns land adjacent to it, and a portion of this other land can be combined with the nonconforming lot to create a conforming lot (without hereby creating other nonconformities), the owner of the nonconforming lot, or his successor in interest, may not take advantage of the provisions of the paragraph (1) of this section. Section 19-3: Extension or Enlargement of Nonconforming Situations (A) Except as specifically provided in this subsection, it shall be unlawful for any person to engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. 266 (B) Subject to paragraph (D) of this subsection, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Ordinance, was manifestly designed or arranged to accommodate such use. However, subject to Section 19-6 of this Ordinance (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building. (C) Subject to Section 19-6 of this Ordinance (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if 10 percent or more of the earth products had already been removed at the effective date of this Ordinance. (D) The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur. (E) Physical alternation of structures or the placement of new structures on open land are unlawful if they result in: (1) An increase in the total amount of space devoted to a nonconforming use; (2) Greater nonconformity with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements; or (3) The enclosure of previously unenclosed areas, even though those areas were previously used in connection with the nonconforming activity. An area is unenclosed unless at least 75 percent of the perimeter of the area is marked by a permanently constructed wall or fence. (F) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation -- i.e., work estimated to cost more than 10 percent of the appraised value of the structure to be renovated (and not required by the 267 partial or total destruction of a structure [see paragraph HI) -- may be done pursuant to a conditional use permit issued by the Board of Adjustment. The Board of Adjustment shall issue such a permit if it finds that the work will not result in a violation of any other paragraphs of this section (particularly paragraph E) or make the property more incompatible with the surrounding neighborhood. (G) Notwithstanding paragraph (E), any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure of a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. In particular, a manufactured home may be replaced with a larger manufactured home, and a "single -wide" manufactured home may be replaced with a "double -wide." This paragraph is subject to the limitations stated in Section 19-5 on abandonment and discontinuance of nonconforming situations. (H) A structure that is nonconforming in any respect or a structure that is used in a nonconforming manner may be reconstructed or replaced if partially or totally destroyed, subject to the following restrictions: (1) The total amount of space devoted to a nonconforming use may not be increased, except that a larger, single-family residential structure may be constructed in place of a smaller one and a larger manufactured home intended for residential use may replace a smaller one; (2) The reconstructed building may not be more nonconforming with respect to dimensional restrictions such as yard requirements, height limitations, or density requirements, and such dimensional nonconformities must be eliminated if that can reasonably be accomplished without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use of such building; (3) The reconstructed building may not enclose areas that were previously unenclosed, even though those areas were used in connection with the nonconforming activity. An area is unenclosed unless at least 75 percent or more of the perimeter of the area is marked by a permanently constructed wall or fence. M.; (1) Except for single-family residential structures (including manufactured homes), if the estimated cost of the reconstruction work exceeds 10 percent of the appraised value of the ' structure, the work may be done only after issuance of a permit by the Board of Adjustment. The Board shall issue the conditional use permit if it finds that the work will be done in accordance with this paragraph and that the reconstructed building will not make the property more incompatible with the surrounding property than it was before the destruction occurred. Section 19-4: Change in Kind of Nonconforming Use (A) A nonconforming use may be changed to a conforming use. Thereafter, the property may not revert to a nonconforming use. 1 (B) A nonconforming use may be changed to another nonconforming use only in accordance with a conditional use permit issued by the Board of Adjustment. The Board shall issue such a permit if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the application is made for the permit. Section 19-5: Abandonment or Discontinuance of Nonconforming Situations (A) When a nonconforming use is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes, except as provided in paragraph (B) of this subsection. (B) The Board of Adjustment may issue a conditional use permit to allow a nonconforming use that has been discontinued for more than 180 consecutive days to be reinstated if it finds that (1) the nonconforming use has been discontinued for less than two years, and (2) the discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person maintaining the nonconforming use. (C) If the principal activity on property where a nonconforming situation other than a nonconforming use exists is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the district in which the property is located, unless the Board of Adjustment issues a 269 conditional use permit to allow the property to be used (for a conforming purpose) without correcting the nonconforming situation. The Board shall issue such a permit if it finds that (1) the nonconforming situation cannot be corrected without undue hardship or expense, and (2) the nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent. (D) For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subsection, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming manufactured home park for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building or manufactured home park as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter. And so, if a manufactured home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that manufactured home for 180 days terminates the right to replace it. (E) When a structure or operation made nonconforming by this Ordinance is vacant or discontinued at the effective date of this Ordinance, the 180-day period for purposes of this subsection begins to run at the effective date of this Ordinance. Section 19-6: Completion of Nonconforming Projects (A) All work on any nonconforming project shall cease on the effective date of this Ordinance, and all permits previously issued for work on nonconforming projects shall be revoked as of that date. Thereafter, work on nonconforming projects may begin, or may be continued, only pursuant to a conditional use permit issued by the Board of Adjustment (except as provided in paragraph (B) of this section). The Board shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this Ordinance and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the Board shall be guided by the following: 270 (1) All expenditures made pursuant to a validly issued and unrevoked building or zoning permit shall be considered as evidence of reasonable reliance on the land use law that existed before this Ordinance became effective. (2) Except as provided in subparagraph (1) of this paragraph, no expenditures made more than 180 days before the effective date of this Ordinance shall be considered as evidence of reasonable reliance on the land use law that existed before this Ordinance became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure. (3) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made expenditure to acquire a potential development site if the property obtained is just as valuable under the new classification as it was under the old, or the expenditure can be recovered by resale of the property. (4) An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of (a) the total estimated cost of the proposed project, and (b) the ordinary business practices of the developer. (5) A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to him. (6) Even though a person had actual knowledge of a proposed change in the land use law affecting a development site, the Board may still find that he acted in good faith if he did not proceed with his plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The Board may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that (a) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended development; and (b) the developer had legitimate business reasons for making expenditures. 271 (B) The requirements of paragraph (A) of this section shall not apply to a nonconforming project if the Building Inspector certifies that actual construction of that project began at least 180 days before the effective date of this Ordinance and that the work is at least 75 percent complete at the effective date of this Ordinance. (C) The Board of Adjustment shall not consider any application for a conditional use permit authorized by paragraph (A) of this subsection that is submitted more than 60 days after the effective date of this Ordinance, unless it waives this requirement for good cause shown. (D) If the Board of Adjustment issues a conditional use permit pursuant to paragraph (A) of this section, it may attach such reasonable conditions to the permit as it finds necessary to reduce the extent to which the nonconforming project is incompatible with the surrounding neighborhood. In particular, the Board may require that work on the nonconforming project be continuously maintained, if possible, and that the project be completed as expeditiously as possible. (E) The Building Inspector shall send copies of this subsection to the owners (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be under construction. This notice shall be sent by registered mail not less than fifteen days before the effective date of this Ordinance. (F) The Board of Adjustment shall establish expedited procedures for hearing applications for conditional use permits under this subsection. These applications shall be heard, whenever possible, before the effective date of this Ordinance, so that construction work is not needlessly interrupted. (G) When it appears from the developers plans or otherwise that the nonconforming project was intended to be or reasonably could be completed in stages, segments or other discreet units, the Board of Adjustment shall not allow the nonconforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the developer to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project. 272 I ARTICLE 20. AMENDMENTS Section 20-1: Amending this Ordinance The Town Board of Commissioners may amend this Ordinance and zoning map according to the following procedures. (A) Initiation of Amendments - Proposed amendments may be initiated by the Town Board of Commissioners, Planning Board, Board of Adjustment, members of the public, or by one or more interested parties. (B) Application - An application for any amendment shall contain a description of the proposed zoning regulation or district boundary to be applied. Such application shall be filed with the Land Use Administrator not later than ten (10) working days prior to the Planning Board meeting at which the application is to be considered. (C) Based on the Town of Burgaw Schedule of Fees, a fee shall be paid to the town for each application for an amendment to cover the costs of advertising and other administrative expenses involved. (D) Zoning regulations and restrictions and zone boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change, signed by the owners of twenty percent (20%) or more either of the area of the lots included in a proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of the opposite lots, an amendment shall not become effective except by favorable vote of three -fourths of all the members of the Board of Commissioners. The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the Ordinance as a result of annexation. (E) Whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least 10 but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall 273 certify to the Board of Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud. (F) The first class mail notice required under subsection (E) of this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the city elects to use the expanded published notice provided for in this subsection. In this instance, Burgaw may elect to either make the mailed notice provided for in subsection (E) of this section or may as an alternative elect to publish once a week for four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. The final two advertisements shall comply with and be deemed to satisfy the provisions of G.S. 160A-364. The advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaperwhich publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the addresses listed on the most recent property tax listing for the affected property, shall be notified by first class mail pursuant to this section. The person or persons mailing the notices shall certify to the Board of Commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, Burgaw shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. Section 20-2: Action by the Planning Board Planning Board Consideration - The Planning Board shall consider and make recommendations to the Town Commissioners concerning each proposed amendment. Section 20-3: Action by the Town Commissioners Notice and Public Hearing - No amendment shall be adopted by the Town Commissioners until after public notice and hearing. Notice of Public Hearing shall be published once a week for two (2) successive calendarweeks in the local newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. Whenever there is a zoning classification action involving a parcel of land, the owner of that parcel of land as shown on the Pender County tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the Pender County tax listing, shall 274 be mailed a notice of the proposed classification by first class mail at the last addresses listed for such owners ' on the Pender County tax abstracts. Before taking such lawful action as it may deem advisable, the Town Commissioners shall consider the Planning Board's recommendation on each proposed amendment. (1) Petitions for amendments that receive favorable recommendation of the Planning Board, or petitions on which the Planning Board fails to make its recommendation within thirty (30) days after the Planning Board's public hearing, shall be scheduled for public hearing before the Town Commissioners. Such public hearing shall be duly advertised. (2) Petitions for amendments that receive an unfavorable or adverse recommendation of the Planning Board may be appealed within ten (10) days of the date of such adverse decision to the Town Commissioners by filing with the Clerk of the Board a notice, in writing, stating herein the action of the Planning Board and the amendment requested. Before taking action on any proposed amendment, the Town Commissioners shall hold a public hearing. Public Hearings on proposed zoning amendments will be held at such times as the Town Commissioners shall decide. Section 20-4: Resubmission of a Denial Petition ' No resubmission of a denial petition may be resubmitted within six (6) months of its previous denial. 275 i ' APPENDIX I ' STORMWATER MANAGEMENT PLAN TECHNICAL MANUAL 1 FOR r BURGAW, NORTH CAROLINA i February 2000 1 r 1 CONTACT C ' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Chief, Planning Services Section Post Office Box 1890 Wilmington, North Carolina 28402 Telephone (910) 251-4926 r STORMWATER MANAGEMENT TECHNICAL MANUAL BURGAW, NORTH CAROLINA ' February 2000 TABLE OF CONTENTS Page SectionA - General.......................................................................................................1 Section B - Stormwater Management Policy 3 .............. Section C - Plan Submittals ' .........................................................................................5 C.1 Checklist...............................................................5 C.2 Certification Requirements .................................................................... 5 SectionD - Minimum Design Standards....................................................................7 D.1 Piped Drainage Systems......................................................................... 7 ' D.2 Inlet Design............................................................................................ 8 D.3 Open Channels....................................................................................... 8 DA Detention and Wet Retention Facilities................................................10 ' D.5 Coordination..........................................................................................11 SectionE - Determination of Runoff 13 ..................................... :................................... ' E.1 Runoff Coefficient .............................................. E.2 Drainage Area........................................................................................ 13 E.3 Rainfall Intensity...................................................................................15 SectionF - Pipe System Design..................................................................................21 F.1 Curb Inlet Design.................................................................................. 21 F.2 Pipe Design........................................................................................... 21 F.3 Stormwater Drainage Design 22 ................................................................ FA Culvert Design ' ....................................................................................... 23 F.5 Energy Dissipaters................................................................................. 26 Section G - Open Channel Design ........................................ 45 ' G.1 Vegetative Channels..............................................................................45 G.2 Riprap Lined Channels ........................... ' G.3 Alternative Liners.................................................................................. 52 Stormwater Management Technical Manual i Burgaw, North Carolina February 2000 r r TABLE OF CONTENTS ' Page Section H - Stormwater Detention Ponds.................................................................. 55 H.1 Design Objective................................................................................... 55 _ H.2 Submission Requirements..................................................................... 55 H.3 System Analysis.................................................................................... 56 SectionI - Infiltration System.................................................................................... 71 I.1 Definition.............................................................................................. 71 I.2 Vegetation ............................................................................................. 71 I.3 Subsurface Information......................................................................... 71 I.4 Storage Capacity.................................................................................... 71 , 1.5 Overflow................................................................................................71 1.6 Access....................................................................................................72 1.7 Materials................................................................................................72 SectionJ - Construction Standards...........................................................................73 J.1 Materials for Pipe Collection System .................................................... 73 J.2 Installation............................................................................................. 75 Section K -Maintenance ^� .................................:........................................................... 77 K.1 Responsibility........................................................................................77 K.2 Operation and Maintenance for Stormwater Detention/Retention Facilities ..................................... 79 , ' Attachment Stormwater Standards Application Requirements Checklist ....................................... A-1 ' ii 1 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 SECTION A GENERAL This technical manual is intended to set forth performance, ' design, and construction " standards for the stormwater management systems of the Town of Burgaw, the plan submittal requirements, and design procedures for use by the designer. The methods and procedures presented are intended to simplify the design and review process for residential and commercial stormwater management systems in the Town of Burgaw. It is not required that the designer use the methods presented, however, these methods, charts, and procedures will be used by the Town to determine adequacy of the design of the stormwater management systems. ' It is recommended that anyone planning to use this manual have, as a minimum, knowledge of stormwater hydrology and hydraulics as presented in the manual "Elements of Urban Stormwater Design," North Carolina State University, by Dr. H. Rooney ' Malcom, P.E., dated 1989, or one of equivalent content. This is to acknowledge that the material in Section H.3.4, Flood Routing, was taken directly from "Elements of Urban Stormwater Design" by Dr. H. Rooney Malcom, P.E., North .Carolina State University, dated 1989, with some changes in references, with the permission of North Carolina State University Industrial Extension Service. Copies of ' the complete text, "Elements of Urban Stormwater Design", ISBN 1-56049-016-0, may be purchased from the Industrial Extension Service at North Carolina State University by calling (919) 515-5326. Pender County is on the North Carolina Department of Environment and Natural ' Resources list of coastal counties. This requires that the Town of Burgaw comply with the discharge and design standards associated with this designation. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 it u I 1 i E F, u 2 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 , SECTION B STORMWATER MANAGEMENT POLICE' It is the policy of the Town of Burgaw that all developed land within the town have adequate stormwater facilities and administrative controls to ensure the protection and safety of life and property. The town may accept a stormwater management system for maintenance if the system provides drainage for streets accepted for maintenance by the Town Council and was designed and constructed in accordance with the provisions m the Town Code and this manual. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 3 Stormwater Management Technical Manual 4 Burgaw, North Carolina February 2000 SECTION C PLAN SUBMITTALS One set of site plans and the scormwater discharge control plans shall be submitted to the Town Public Works Department for review and approval and shall include items C.I and C.2. C.1 Checklist. All applicable items scheduled in the "Checklist for the Town of Burgaw Stormwater Standards." A copy of this checklist is provided at the end of this manual. ' C.2 Certification Requirements. The following certifications shall appear on all plans: • Designer's Certification ' "I hereby certify that this plan has been prepared in accordance with the latest town Standards and Specifications for Stormwatcr Management and the Town Code of Ordinances " Signature: ' Printed Name and Title: Date: Registration Number: • Owner's/Developer's Certification "I/We hereby certify that any clearing, grading, construction or development, or all of these, will be done pursuant to this plan and that the applicable Stormwater Management conditions and requirements of the Town of Burgaw, the State of North Carolina, and the Federal Government and its agencies are hereby made part of this plan." Signature: Printed Name and Title: Date: Stormwater Management Teciuucai Manuai S Burgaw. North CamHu February 2000 �11 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 SECTION D MINIMUM DESIGN STANDARDS 1 D.1 Piped Drainage Systems D.1.1Piped Collection Systems. Piped collection systems shall be designed for the 10- ' year frequency storm event. D.1.2 Areas Requiring Piping. Open streams, channels, and ditches contained in or partly contained within the property being developed that are to be piped shall consider all offsite areas that will drain through the project site for ultimate development in accordance with current zoning designations. Channels that remain open shall be ' designed and constructed in accordance with Section G - Open Channel Design. D.1.3 Minimum Size Pipe. The minimum size storm drainpipe shall be 12 inches ' in diameter. D.1.4 Subdrains. When the design requires the use of subdrains stone shall completely encircle the perforated pipe for a minimum distance of 6 inches from the pipe in all directions. The stone shall be #467M washed stone. The perforated pipe shall be a ' minimum of 6-inches in diameter and meet the specifications in Section J.1.4. The nonwoven fabric shall be installed in strict accordance with the manufacturer's recommendation. ' D.1.5 Minimum and Maximum Velocity. The minimum allowable velocity for a pipe segment shall be 2.5 feet per second. The maximum velocity shall vary per specific ' situation, but shall be designed such that scour or other deteriorative conditions will not exist. D.1.6 Minimum Cover. The minimum cover over a storm drainage pipe shall be 2.0 feet. Cover shall be measured from the top of the pipe to the bottom of the base course in roadways. For alternative materials a greater minimum cover may be required, ' as determined by the manufacturer. In the event lesser cover requirements are determined to be necessary, specific approval of the Town will be required. D.1.7 Easements. Piped systems to be dedicated as public shall be located within the public rights -of -way where possible. Where this is not possible, a dedicated drainage easement will be required with a width determined by the following equation, rounded to ' the nearest 5-foot increment, except that in no case shall the easement be less than 20 feet: Width = (2 x depth) + Dia. + 12' Stormwater Management Technical Manual Burgaw, North Carolina February 2000 The easement shall be continuous along the pipe to a point of junction with an existing public right-of-way or easement. See Section D.3.6 for open channel r' right-of-way or easement. D.1.8 Manhole Spacing. Manholes shall be required at changes in grade and/or alignment and at pipe junctions. The maximum spacing between two manholes in any instance shall be 400 feet. The Town may approve spacing in excess of 400 feet on ' pipelines greater than 54 inches in diameter on a case-by-case'basis. D.1.9 Headwalls. Headwalls or flared end sections shall be required at the inlet , and outlet of all pipe systems with a diameter of 48" or greater. D.1.10 Energy Dissipaters. Energy dissipaters shall be designed and constructed at the outlets of all pipe systems to prevent erosion in the receiving watercourse. These shall be designed for the 10-year storm. ' D.1.11 Existing Systems. Where feasible, the piped drainage system shall connect to an existing piped drainage system. ' D.2 Inlet Design D.2.1 Design Storm Event. Curb inlets and catch basins shall be designed for the b 10-year storm. D.2.2 Inlet Locations a. Curb inlets shall be located such that the gutter flow spread does not exceed ' eight 8 feet or 1/3 of the street width, whichever is less, during a 10-year storm event with a maximum spacing of 400 feet. b. Curb inlets shall be located at all low points to prevent o ' p p p nding water. c. Curb inlets shall be located on the upstream sides of intersecting streets to , prevent flow across the intersecting street. d. No curb inlets shall be constructed in the radius of curbing at intersections. The , minimum distance from the end of radius (PC/PT) to the center of a catch basin is 5 feet. D.3 Open Channels D.3.1 Design Storm Event. Open channels, where allowed, shall be designed for , the peak runoff produced by a 10-year frequency storm. The designer shall include in his calculations the runoff from offsite areas, assuming ultimate development in accordance with the current zoning regulations as well as the runoff from the property being , developed. 8 Stormwater Management Technical Manual Burgaw, North Carolina ' February 2000 D.3.2 Side Slopes. The side slopes for vegetated channels shall be 3 (horizontal) �. to 1 (vertical) or flatter. Where the side slopes are protected with riprap, fabric form, or other approved armoring, side slopes of 2 to 1 will be permitted. The Town may ' approve steeper slopes on a case -by -case basis. D.3.3 Maximum Velocities. The maximum velocities for a channel are dependent upon the type of lining used. Refer to Section G for maximum allowable velocities for various linings. ' D.3.4 Alternative Solutions. The linings referred to in Section G are not intended to limit the designer in his choice of linings. Innovative techniques used in design of channels are encouraged. The Town, prior to use, shall approve proposed innovative ' linings. Complete supporting documentation shall be submitted for approval of alternative lining methods in these situations. D.3.5 Rights -of -Way and Easements. In order to maintain municipally owned, unpiped stormwater management systems in public or private developments, rights -of - way and easements will be required by the Town for all open ditches, swales, or other ' systems dedicated to the Town and located outside of public rights -of -way. Such rights - of -way or easements shall be provided in accordance with the following sketch, and shall be continuous to a point of junction with a public right-of-way where possible. Widths in ' excess of the typical cross section shown may be necessary and required by the Town on a case -by -case basis. TYPICAL CROSS SECTION AREA REQUIRED FOR FLOW 5 FT. MIN 20 FT. MIN. MAX. TO BE DETERMINED ON A CASE BY CASE BASIS NOTES: 1. See paragraph D.3.2 above for allowable side slopes. 2. The designer should refer to the North Carolina Department of Environment and Natural Resources "Erosion and Sediment Control Planning and Design Manual" for supplemental information. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 DA Detention and Wet Retention Facilities The Town encourages the use of innovative techniques and designs that will provide the necessary protection for the receiving watercourse. These facilities shall be designed for the runoff produced by the 10-year storm. The design shall be checked to make sure that the facility does not cause any increase in the damages from the 50-year storm. Detailed drawings, substantiating data, calculations, and specifications shall be submitted for designs of this nature. The use of open ponds has been utilized most frequently for stormwater control, therefore, design standards and procedures for this approach have been included in this design guide. However, the Town suggests that the developer or owner incorporate stormwater controls into the overall site as an amenity and/or visual enhancement. The following are minimum requirements for detention/retention facilities. D.4.1 Minimum Slopes. Side slopes, where vegetation is used for stabilization, shall be 3 (horizontal) to 1 (vertical) or flatter. Where the side slopes are protected with riprap, fabric form, or other approved armoring, side slopes of 2 to 1 will be permitted. The Town on a case -by -case basis may approve steeper slopes. D.4.2 Vegetation. Vegetation for stabilization of side slopes shall be a hearty ground cover such as the following listed in order of best overall suitability: Tall Fescue Bermuda Grass Pensacola Bahiagrass Reed Canary Grass All of these are well suited for flooding tolerance, waterways, and channels. The bahiagrass is excellent for sandy sites. The others spread by rootstocks making a well - anchored and stable ground covering. Consideration shall be given to the effects to the surrounding area when vegetative cover is selected. The designer shall consult with the Town Code Enforcement Ofce regarding landscaping standards, such as selection, spacing, location, and planting requirements of all grasses and plants, which are to be incorporated in the system. Approval of a landscaping plan by the Code Enforcement Ofce will be required prior to issuance of a construction permit. D.4.3 Risers. Risers should be a minimum of 12 inches in diameter and pipes shall be a minimum of 12 inches in diameter to reduce the potential for clogging the outlet system. A trash rack with 6-inch maximum openings shall be provided to avoid pipe clogging. The design shall include consideration of anti -vortex measures where deemed necessary for stability of the outlet structure. D.4.4 Drain. The design of the pond should incorporate a method of draining all water by use of a valve assembly. Where this is not possible, a well-defined low point shall be constructed to allow for pumping out the facility. iu Stormwater Management Technical Manual Burgaw, North Carolina February 2000 J } 11 D.4.5 Overflow. An emergency outlet or overflow designed for the 50-year storm shall be provided for all detention/retention facilities. This overflow should be designed assuming the principal spillway is obstructed and cannot convey any water. D.4.6 - Other Utilities. No other utilities shall be constructed within 5 feet of the stormwater detention/retention pond unless specifically approved by the Town. - D.4.7 . Landscaping. The recommendations in 'the NC DENR "Erosion and Sediment Control, Planning and Design Manual should be considered when designing the landscaping. Sketch D-2 provides a concept. D.4.8 Access. A stable access and maintenance shoulder with a minimum width of 10 feet measured from the top of bank shall be provided to allow for the periodic removal of sediment from the system. This access shall be coordinated with the landscaping zone around the basin. The landscaping zone shall not be incorporated in to the access/maintenance way. D.4.9 Fencing. Fencing for private facilities shall be at the option of the developer. D.4.10 Flooding of Parking Areas. The Town discourages the flooding of parking areas for providing stormwater storage volume. However, when this method is used, no more than 60% of the required parking area may be flooded by 6 inches or more of water during a 10-year storm. The stormwater system shall be designed to completely drain from the parking lot within 2 hours after the storm. ' D.S. Coordination. a. The requirements of the North Carolina Division of Environmental Management's Coastal Stormwater Regulations will impact design of stormwater facilities. In case of conflicting requirements between the regulations set forth by the Town of Burgaw and the Division of Environmental Management, the more stringent shall apply. Otherwise, stormwater facilities will be required to meet both criteria. b. The designer shall coordinate with the Pender County Health Department for vector control considerations. c. Dams constructed as part of stormwater facilities, which meet the criteria for regulation by the North Carolina Department,of Environment and Natural Resources, require a permit. If needed the designer shall acquire a dam safety permit prior to the towns approval of the planned stormwater facilities. 11 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CAL STORM WATERFACILITY LAWDSCAPIWG CLUSTERPLAN SPRUBS FOR CLUSTER TREES TO { {• 1 { CANOPYUSE • {• A FOCALPOINT WILLOW,ex. WEEPING {' 100' VEGETATION MUST BE EVENL DISTRIBUTED AT APPROXIMATELY 100' INTERVALS AROUND POND Notes: I.• If possible locate pond where vegetation exists. 2. Suggest minimal clearing to conserve visual quality of site and minimize the additional cost of tree planting. An irregular shape provides a more natural appearance. 3. Landscape strip shall be a maximum slope of 7r1 in order to plant vegetation. 4. Provide a minimum of 3 inches of mulch around all vegetation. SKETCH D-2 Typical Stormwater Facility Landscaping Plan 1Z Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ;A Cl ' - SECTION E DETERMINATION OF RUNOFF ' One of the most frequently used methods for determining the peak rate of runoff for small watersheds is the Rational Method. Other methods such as the SCS Curve Number Method should be utilized where the Rational Method is less appropriate. The Rational formula is presented below as a guide to the designer. Q=CIA ' Where Q is the maximum rate of runoff from the drainage area expressed in cubic feet per second (cfs), C is a runoff coefficient, which is unitless; I is the rainfall intensity ' expressed in inches per hour, and A is the drainage area expressed in acres. These components to the Rational formula are explained in detail in the following sections. ' The designer should be cautious in the use of the Rational Method and use it only with the understanding of the inherent limitations. Some of the more critical limitations ' are described below: a. This method uses one coefficient to describe the surface conditions in a ' watershed that may have greatly varying surfaces and soils. The use of a composite runoff coefficient is normally used to represent the variations in surface conditions. ' b. The return period for the resulting runoff is assumed to be directly related to the rainfall event regardless of the watershed conditions. An attempt to compensate for the antecedent moisture conditions is usually made in the determination of the runoff ' coefficient. C. It assumes the rain event to have a constant intensity throughout the storm. E.1 Runoff Coefficient. There are several factors to be considered in the determination of the runoff coefficient "C". The drainage area slope, soil type, land use, imperviousness, and antecedent moisture condition are the major factors to be considered. The designer shall use a composite or weighted "C" to reflect the variations encountered within a drainage area. Table E-1 gives typical values of "C" for the area. This table ' should be used as a guide to develop a composite "C" for the drainage area in questions. E.2 Drainage Area. The area that contributes runoff to the point of interest for storm drainage design can be determined by utilizing a suitable topographic map. The ridgelines of the drainage basin are first delineated on the map. A planimeter or other suitable method can then measure the area defined. 13 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 TABLE E-1 _71 Runoff Coefficient "C" for Various Land Uses** Sandy Soils Clay Soils Slope Land Use Avg. Avg. Flat . _ Woodlands (minor ground litter) 0.10 0.15 ' (0-2%) Woodlands (heavy ground litter) 0.15 0.20 *Pastures, Grass, and Farmland 0.17 0.22 ' Lawns 0.10 0.17 Rooftops and Pavement 0.95 0.95 Single Family Residential: ' < 1 unit per acre (3% imperv) 0.13 0.19 1-2 units per acre (15% imperv) 0.25 0.30 3-4 units per acre (23% imperv) 0.32 0.38 ' Multi -Family Residential: Duplexes (40% imperv) 0.45 0.50 Apartments, Townhouses, and , Condominiums (60% imperv) 0.64 0.67 Commercial and Industrial: Industrial Park (25% imperv) ' 0.35 0.40 Shopping or Office (50% imperv) 0.55 0.59 Rolling Woodlands (minor ground litter) 0.15 0.20 (2-7%) Woodlands (heavy ground litter) 0.20 0.25 *Pastures, Grass, & Farmland 0.25 0.30 Rooftops and Pavement 0.95 0.95 Single Family Residential: ' < 1 unit per acre (3% imperv) 0.17 0.24 1-2 units per acre (15% imperv) 0.28 0.34 ' 3-4 units per acre (23% imperv) 0.31 0.35 Multi -family Residential: Duplexes (40% imperv) 0.49 0.53 ' Apartments, Townhouses, and condominiums (60% imperv) 0.66 0.69 Commercial and Industrial: ' Industrial Park (25% imperv) 0.36 0.42 Shopping or Office (50% imperv) 0.58 0.61 * Coefficients assume good ground cover and conservation treatment. ** Developed using Handbook of Applied Hydrology, Chow, 1964 and Flood Mapping in Charlotte and Mecklenburg County, N.C., U.S. Geological Survey, 1975 ' 14 ' Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ' ' E.3 Rainfall Intensity. The rainfall intensity (I) is a function of storm duration and return frequency. The storm duration used for design is normally equal to the time of concentration, or the time for water to travel from the most remote point in the watershed to the point of design. The first step to determine the applicable rainfall intensity is to estimate the time of concentration (Tc). Two methods for use in determining the Tc are described below. (See Chart E-6) 1 E.3.1. Kirpich Method. The Kirpich method should be limited in use for watersheds 20 acres or less. The Tc can be determined using the nomograph labeled Chart E-2. To use the nomograph, the length of travel and the difference in elevation from the most remote point in the watershed to the point in question shall be determined. A straight line is drawn to connect the length and elevation difference determined above ' and extended to the intersection with the time of concentration line and Tc is read in minutes. The following equation can also be used: Tc = T,t = (L'/H)0""'/128 where: L is hydraulic length from the most remote point in the watershed measured in feet; ' H is the height of the most remote point above the point of interest in feet. E.3.2 TR-55 Method. This method should be used for watersheds larger than 20 ' acres up to 1300 acres. The TR-55 approach to determining the time of concentration is a method of estimating the velocity of flow through the different parts of the watershed including sheet flow, shallow concentrated flow, and flow in open channels or conduits. ' Using the velocity and length of travel through the different segments, the travel time is determined and summed to obtain the time of concentration (Tc). The following are steps taken to estimate Tc for the three flow types: ' a. Sheet Flow. Sheet flow normallyoccurs at the headwater r of streams in the drainage basin. The flow is usually over plane surfaces for a maximum length of ' approximately 300 feet. Manning's "n" values are used to compensate for the various types of surfaces. Chart E-3 gives "n" values for normally encountered surfaces. The ' time of travel for sheet flow is computed using the following formula: Tt = .007(n L)0*8/PZ 'SSo.a ' where: Tt is travel time in hours n is Mannings roughness coefficient L is length of flow in feet PZ is 2-year 24-hour rainfall S is land slope in ft/ft ' Stormwater Management Technical Manual Burgaw, North Carolina February 2000 b. Shallow Concentrated Flow. After 300 feet, sheet flow usually becomes shallow concentrated flow. The average velocity for this type of flow can be found by using Chart E-4 or by using the following formulas: Unpaved V=16.1345 (sf os Paved V = 20.3282 (s)n.os where s = slope: Once the average velocity is determined, the travel time can be computed as: Tt = L/3600V where L is the length in feet c. Open Channel Flow. For open channel flow, the travel time is computed using an estimated velocity of flow in the channel section. The velocity is estimated using Manning's equation expressed as follows: V = (1.49/n) rM stn where: V is velocity in feet per second (fps) r is the hydraulic radius which is equal to the channel area divided by the wetted perimeter or the perimeter length of sides and bottom below the line of flow. s is the slope of the hydraulic grade line or channel slope in ft/ft and n is the Manning's roughness coefficient Once the average velocity is determined from the above equation, the travel time can be computed as shown in paragraph E.3.2.b. above. The Tc, is a summation of the three travel times computed in the preceding steps. The rainfall intensity for design can be obtained from the Intensity -Duration Frequency Table. The return period for design in the Town of Burgaw for stormwater management systems is the 10-year return frequency event. (See Chart E-6) !b Stormwater Management Technical Manual Burgaw, North Carolina February 2000 F L '1 CHART E-2 N (FT.) Soo 400 Tc 3CO EXAMPLE 2a0 Height a 100Ff. ISO • }.. 200 Length=3,000 Ft. Time of concentra[tan =l4Min. Nt30 too =O too L (FT.) 110 \ 10,000 60 SQ a S0 L 1 Lc x 40 = 40 J -%coo 30 C. 30 ~ate 3.000 F 2S us lc 20 Note: Use nomograph Tc for natural yx. � � 2.000 z -moo 20 ILI ss basins with wait defined chanaels, c. 1,500 , z 15 for overtaad flow on bars c y to earth cnd for mowed grassr+oad- o Roao to c side channels. = o e For overland flow, grossed sur- U U- faces, multiply Tc by 2.40 tu 6 5 For overland flow, concrete or Soo }:. S 4 asphalt surfaces, multiply Tc 'M 4 c 3 by.0.4. x 30C For concrete channels, multiply 3 To by 0.2. 200 2 ISO 2 too t t Based an study by P.Z. Xkpicb, C:.:t Engine:rinq,VOL 10,Mo. 6, June 1940,.% 362 17 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CHART E-3 ROUGHNESS COEFFICIENTS (MANNING'S N) FOR SHEET FLOW Surface Description n Smooth surfaces (concrete, asphalt, gravel, or bare soil) 0.011 Uncultivated soil (no residue) 0.05 Cultivated soils: Residue cover < 20% 0.06 Residue cover > 20% 0.17 Grass: Short grass prairie 0.15 Dense grasses 0.24 Bermuda grass 0.41 Range (natural) 0.13 Woods: Light underbrush 0.40 Dense underbrush 0.80 1986) *Source: (Urban Hydrology for Small Watersheds, USDA-SCS 210-VI-Tr-55, Second Ed., June Stormwater Management Technical Manual Burgaw, North Carolina February 2000 mmmm Nt CHART E-6' Intensity - Duration - Frequency Burgaw, North Carolina RETURN PERIOD Duration 2-Year (in/hr) 5-Year (in/hr) 10-Year (in/hr) 25-Year (in/hr) 50-Year (in/hr) 100-Year (in/hr) 5 Min 7.10 8.66 10.21 11.77 12.92 13.2 10 Min 5.47 6.67 7.87 9.06 9.95 10.26 15 Min 4.61 5.62 6.62 7.63 8.38 8.64 30 Min 3.20 3.90 4.60 5.30 5.82 6.00 1 Hr 2.00 2.50 2.90 3.33 3.71 4.00 2 Hr 1.22 1.60 1.78 2.07 2.28 2.59 3 Hr 0.91 1.13 1.31 1.50 1.67 1.85 6 Hr 0.52 0.67 0.77 0.90 1.00 1.13 12 Hr 0.31 0.40 0.47 0.54 0.60 0.67 24 Hr 0.17 0.23 0.28 0.32 0.35 0.40 *Source: Rainfall Frequency Atlas of the United States, Technical Paper 40, U.S. Weather Bureau, May, 1961 20 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ' SECTION F PIPE SYSTEM DESIGN 1 ' F.1 Curb Inlet Design. The curb inlet design procedure is based on a standard curb inlet with a 4-foot opening. ' The following procedure is used to locate inlets. Factors as outlined in Section D.2 shall be considered including location of low points, intersections and layout of pipe system. F.1.1 Determine maximum gutter flow from the nomograph (Chart F-1) "Flow in Triangular Gutter Sections." The known values of street longitudinal slope, S, street cross slope, Sx, allowable spread, T=8 feet, and roughness coefficient, n, are used to solve for the gutter capacity, Q. F.1.2 Determine location of inlet using the rational formula rearranged so that: A = Q/CI Locate first inlet by trial and error with planimeter and topographic map so that gutter flow does not exceed capacity determined above. Check selection of "C" and "I" for the actual area determined. F.1.3 The next inlets are located utilizing Charts F-1 and F-2. Determine the required curb opening length, L, and enter in Chart F-2, with the ratio L/L, where L is the actual curb opening of 4 feet for standard curb inlets. This will yield the percentage of flow intercepted by each basin. The remainder of this flow shall be considered in determining the location of the next downstream inlet. This procedure is repeated as necessary. The designer is encouraged to use the Catch Basin Design and Data Sheet, Chart F-4. F.2 Pipe Design. After curb inlets have been preliminarily located, the pipe system may be designed in accordance with Section D.I. Pipes shall be designed based on Manning's equation for gravity pipe flow. Determine area, intensity, and runoff coefficients for the rational formula to obtain the design flow for each section of pipe. (Note that the design is based on the sum of the individual area runoff and not the sum of the individual catch basin capacity). The designer is encouraged to use the Storm Drainage Design Data Sheet (Chart F-5) included in this manual. Required pipe size may be determined by solving the following equation: D =16 (Qn/st)'/8 21 Stormwater Management Technical Manual Burgaw. North Carolina February 2000 C where: D is minimum pipe diameter in inches Q is design flow in cfs ' n is Manning roughness coefficient s is pipe slope in feet per foot Check the preliminary design to ensure that velocity b y is within' acceptable range (see D.1.5). I The following g ex b ample demonstrates use of the modified Manning s equation solution. Given Q = 20 cfs Available slope is .4% Pipe is concrete , Using n = .012 for concrete , D = 16 (20 x .012 / (.004)'/2)3/8 D = 26.38, therefore use 30" pipe ' F.3 Stormwater Drainage Design The columns of the table are treated as follows: 1. FROM - The designation of the structure at the upper end of the pipe. 2. TO - The designation of the structure at the lower end of the pipe. 3. SUBTOTAL AREA - The drainage area contributing to the upstream end of the pipe, ' listed by designation. (ac) 4. TOTAL AREA - The total area (ac) draining to the upstream end of the pipe. ' 5. INLET TIME - Flow time (min) on the ground to the most remote inlet on the longest flow path (in terms of time) to the pipe being sized. 6. PIPE TIME - Sum of flow times (min) in pipe along the longest flow path (in terms of time) to the pipe being sized. 7. TIME OF CONC. (Col 5 + Col 6) - This is the longest flow time of all possible paths from the most remote point in the system to the upstream end of the pipe being , sized. It is the time of concentration (min). 22 ' Stormwater Management Technical Manual Burgaw, North Carolina ' February 2000 8. INTENSITY - The rainfall intensity (in/hr) for the design storm of interest and the time of concentration (Col 7), taken from the Intensity -Duration -Frequency Chart E-6 or computed from an IDF equation. 9. RUNOFF COEF. - The composite runoff coefficient for the areas in Col 3. This usually changes for the individual areas (see Table E-1). ' 10. DISCHARGE - The design discharge (cfs). Q ='CIA. (Col 9)*(Co18)*(Co14) ' 11. SLOPE - Invert of pipe (ft/ft), as decided within profile constraints. 12. DIA. theo. - Theoretical minimum pipe diameter (in), from the following equation: ' 1/2 3/8 D= 16(Qn/s ) ' 13. SIZE - Standard pipe size (in), as selected - equal to or greater than Col 12. 14. V full - Full -flow average cross -sectional velocity (ft/sec), computed from the ' following equation: V = (s 1/2 D 2/3) / 8.9 n 15. LENGTH - Length (ft) of pipe segment of interest from either a map or given data. ' 16. SEGMENT TIME - Flow time (min) through pipe segment of interest, (Col 15)/((Col 14)*60) ' 17. UPPER INVERT - Invert elevation of the upper end of the pipe of interest, set b PP P P y reference to upstream pipes and cover requirements. ' 18. LOWER INVERT - Invert elevation of the lower end of the pipe of interest, set equal to (Col 17)-((Col 11)*(Col 15)). Check for adequate cover; revise slope (Col 11) if necessary. ' 19. TOP ELEVATION - Ground elevation at upstream end, for reference. Note: Make sure that the minimum design standards as outlined in Section DA are met. ' FA Culvert Design ' Whenever open channels are used to convey stormwater, it may be necessary to cross under a roadway using a culvert. The culvert shall be designed to meet several hydraulic conditions based on headwater depth, full or partial flow, roughness, slope, ' entrance and exit types, and tail water depth. Laboratory tests and field observations have determined that all these conditions can be grouped into two control conditions, inlet and outlet. Both types shall be considered separately in the design of culverts. ' Stot7nwaterManagement Technical Manual 23 Burgaw. North Carolina ' February 2000 F.4.1 Inlet Control. Inlet control exists when the culvert barrel is not flowing full the entire length. The discharge capacity is controlled at the entrance by the depth of headwater (depth from culvert invert) and entrance geometry. Nomographs for inlet control are provided as Charts F-6 through F-10. F.4.2 Outlet Control. Outlet control exists when the culvert barrel is flowing full the entire length, or only part of the length. This is why it is necessary to design for both types of control. The controlling factors in outlet control are tail water elevation in the outlet channel, slope, roughness, and length of culvert barrel. Nomographs for outlet control are provided as Charts F-11 through F-15. In order to use these charts, it is necessary to determine the coefficient of entrance loss, Ke. Table F-1, Entrance Loss Coefficients, is provided in order to determine the value of Ke. To use the nomographs, enter the chart with a known pipe length and entrance coefficient on the curved portion and a trial pipe size. Extend a line between these two points on the respective graphs and mark the intersection with the Turning Line. Using the known flow, draw a line from the flow graph through the mark on the Turning Line and extend to the Head graph. Read head value, H, from the chart and use the following equation to compute headwater, HW, for the given situation: HW=H+ho - sL where: H is Head as determined from the nomograph ho is the tail water depth at the culvert outlet s is the pipe slope L is the length of the culvert Compare the headwater values determined from the inlet control and outlet control procedures. The larger of the two is the controlling factor in culvert capacity. 14 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 L �l L "i F-] TABLE F-1 ENTRANCE LOSS COEFFICIENTS* Tyne of Structure and Design of Entrance Pipe, concrete Projecting from fill, socket end (grooved end) Projecting from fill, square cut end Headwall or headwall and wingwalls Socket end of pipe Square -end Rounded (radius = 1/12D) Mitered to conform to fill slope End section conforming to fill slope Pipe or pipe -arch, corrugated metal Projecting from fill (no headwall) Headwall or headwall and wingwalls Square -edge Mitered to conform to fill slope End section conforming to fill slope Coefficient, Ke 0.2 0.5 0.2 0.5 0.2 0.7 0.5 LOW 0.5 0.7 0.5 *Source: Design of Culverts, NRCD-Land Quality, August 1986 The following example demonstrates the use of the Nomographs provided: Stormwater Management Technical Manual 25 Burgaw, North Carolina February 2000 given: Q=89cfs Length of culvert = 100 ft Pipe Slope = 2.0% Inlet Type - Square Edge with Headwall Pipe Type - Use RCP Sizing for inlet control from the Chart F-6, a concrete pipe 48 inches in diameter has a headwater depth (HW/D) of 1.15 diameters or 4.6 feet. Check the embankment height to ensure at least one foot of free board remains. If inlet control design is satisfactory, check the 48-inch pipe for outlet control. Determine entrance loss coefficient, Ke, from the preceding table. For concrete pipe with square edge and headwall, Ke is shown to be 0.5. Find the length of pipe on Chart F-11 for Ke = 0.5. Draw a line from this point to the size of pipe, which for this example would be 48 inch. Mark the intersection of this line with the Turning Line. Next, draw a line from the known discharge of 89 cfs through the Turning Line at the mark previously made and extend to the line which gives a value of head in feet. For this example, the value of head, H is 1.5 feet. Assume since no information is available that the tail water depth, ho, is equal to the diameter of the culvert. Compute the actual headwater depth as follows: HW= H+ho-sL HW = 1.5 + 4.0 - (.02) (100) HW = 3.5 Therefore, inlet control is limiting actual flow since headwater depth is 4.6 feet. Use of 48-inch culvert is acceptable in this example. When culverts are flowing full and the outlet is under tail water conditions, outlet control charts should be used. The friction coefficient and other values for the pipe section should be estimated and the elevation (Za) of the upstream point on the HGL should be determined. This elevation should become the reference elevation (Zb) of the next section upstream. F.5 Energy Dissipaters. Energy dissipaters are de -energizing devices and/or erosion resistant channel sections provided between storm drain or culvert outlets and existing downstream channels, to provide for stable flow transitions and reduce the velocity of stormwater discharges sufficient to prevent erosion of the receiving channel. These devices are needed for any storm drain outlet, culvert outlet, or channel outlet where the receiving channel or discharge area is subject to erosion. Size of riprap as well as the velocity of the outgoing water from the culvert controls length and width of apron. A simple and widely used method for estimating the stone size and dimensions for culvert aprons is provided in Charts F-16, F-17, and F-18. 26 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 F, L �i n U The velocity of flow can be determined by dividing the known flow (Q) by the culvert area: V=Q/A. Follow the steps on the charts to determine apron length to prevent m scour at the outlet in questions. The width of stone apron at the downstreaedge should be approximately equal to the length except where conformance to the receiving channel is necessary. Chart F-17 is included as a guide to determine stone size, however, readily available stone sizes may be used with judgment. CHART F-i T _-{ 0 :036 S L675as T2.67 n x ems, EXAMPLE: GNM S 'n■Q0t6; S=:0.03 SaCL04 ; T •$ FT .02 FIND: 0 -2.4 FT1/S OttacLou FT% :we T(FT) .0.04 30 Sx �1 r001 20 0.02 `._ (Loot 02 0.04 �� a= ---------� We O= (Lt ' 3 (Lbt 2 aGoe Woos 0.004 Source: FM A-TS-a-202 Flaw In tHangalsr gaiter ssctla= Stormwater Management Technical Manual 27 Burgaw, North Carolina February 2000 CHART F-2 LT-Q600.42Sa3(1/nSA)OA FOR COMP=TZ aeons aoFv, ene: S. sae S. S. ' S. + 3„ G : s: o/w n Sx. se S r 0.01 0.04 OA6 ODe 0.1 `C EXAMPLE: GrAN: n;Q01a; S■0.01 SI=0.02 ; 04 FT3/3 FIND: LTR 34 FT SO-ce: FHWA-TS-84-202 a WOR77j sx F-w -y (MM) 50. 40 L T 30 (FT) BO 20 70 60 3O 10 40 i-•, 6 4' 20 3 2 10 9 e 7 1 a oe 3 0.6 4 O.S. 0.4 0.3 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 W CRUa F-3 I.v 0.8 � E=1-I1-VLT)t"n 0.6 3.4 �2 O-_ �+ U4 ti4 a5 VLT Source: FHWA-TS-84-202 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CLU LO p 911 0 F w CATCH BASIN DESIGN DATA SHEET PROJECT COMPUTED BY DATE LOCATION CHECKED BY SHEET OF STORM FREQUENCY YRS. 1 2 3 4 5 8 7 8 9 10 11 12 13 CATCH BASIN ecg�r {-elc f38f OGi^.- gah at O lie �� 15 ga 91 +� c a u �a � 1 gZ jD�?{ u ��j. , REMARKS (CO lox or COLUMNC 7) HE 'x i i i i i i i i i m i i �r i i i i' i 5 t UKM UKAINAUh Ut 51GN DATA 5NEET H16R1CTt Compum AM DATE L=TM 4rnaD tl7 amm OF ! T PR TY1 RINO" KOLIENI Wren Lam l►RTIW ►ROY TO IOTK TOTAL NtT1dE —TA4 OC11C.wq COw►. O-0Ul RIOT! Mw. . VLI LENGTH TRN: MART 9 MRT TOIL C. RUIOff CORI►IC1b1f N.COl►►KI[NT q►RICTION NOTE: msatrs wO coT11w N•NRtlMARO"MUXXTCFIMT ROR)R ►OW R•RtciM ltl RIM OF THE ARGR ANO NOT L.LtNOTNq DRANi10w MRA O. now F►TR THE am O/ THE TMW1AR As 1. NfONRY CHART F-6 ISO 10.000 144 8,000 EXAMPLE 13s f,000 ...a , MIS YMI IM 3,000 f.l2f We 132 if • " w H 3,000 120 p1 2.3 Y 3.000 IA LI t.a 70f Q L2 7.7 24 I,aao $Go s4 wo i c Sao / a 72 400 Q u300 / w 2 t0 200� 's W 100fo L42 U •0so Nw i 44 3C1t,E ENTRAMCE D i W TTl•L i y 34 30 y 33 p 20 tfJ F�w� W M 30 p1 4. -d !T FMwW t0 2♦ • ' f TVwM I21. Pi P.100 21 f a.Yaw." as aa.Y In. rw 4 wa "M MI YWw am "".M f W f aaalaa. Y ft� M t/ 3 "wr.wa I! tll (2) t=1 f. G. L0 L .3 L-.0 Ila HEADWATER DEPTH FOR M2AVINMO2CAUL3293 CONCRETE PIPE CULVERTS w"iwr�,ewaaa...0" xvam Ia47"4 WITH INLET CONTROL .il Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CHART F 7 `1t0 1- 10.000 ' 1— i♦i ! EXAMPLE 'rr- 1!i t,000 a.7a ww ts.a qwt t �Zi N. l,000 ...♦ sr• (3I i ♦.o� 132 ],Oao _ • �••" �- a �, . tto d .. �000 its r.a L& m t.1 as —�r— !. Ice t 01 LI a.♦ ♦• L L �• to ; 1,000 ]. r 9 too L H � t00 L I !00 L i h L G ]ao u Ica IleL 160 / s= J = 1 43 a �: w O L 30 LO t.0 ♦O 30 Nw SCJLE [YTit11NC[ s�_ L 33 p TTfC I 1 a 1 G L 29 Its 30 V Y ft rrws .♦ r to to .+/..r.• i ,T a _` i .r =1 as as � ♦ Mnwrory N r.w� Ol. r/r. i M• rr.�r rMY.• IrM rr�M .t 3 • /w , urn, � w.wM w � I 1 i tlw/rwrL Lti I LO .� ,s it HEADWATER DEPTH FOR C. M. PIPE CULVERTS awrar. of wuuc""a Jwa a" WITH INLET CONTROL Stormwater Management Technical Manual 33 Burgaw, North Carolina February 2000 CHART F-8 L..; I]{ 60�t 16N3i6 WtICQt31 • 1•• 1LOt31G 1231104t I Q 1 t31 t • a 132 30ce 3eraua tr.t rwrw Sat• 120 Noo • li 3.0 103 L 3 10 !� 1000 n•�Ktp•O �. a• too 400 L0 CI h C 500 T In 300 I.s — Wr G� t0 200 f. r]• M' tl W 1 c! r •• �t100 = = u g+ Cso so 10 I — t0 cl . •= n S0 W •0 = a 0 1 10 7 T a , 2• • ] it • ,t .t 3 is 2 .si Lsz Is Lo L 1j HEADWATER DEPTH FOR CIRCULAR PIPE CULVERTS 7s1tA� M/pf1►A7 AQ01M1m1A71G/� WITH BEVELED RING M,.,.� INLET CONTROL s4 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 IIE1O11T Of ROA )O) IN FEET N Y • u w `\ r • r _ O N RATIO OF OISGIIAROE TO MIOTH 10/0) IN G►S ►ER FOOT N y a D B Its 3 Zan j � s HEADWATER DEPTH IN TERMS 0► 11EIONT IHW /0 +l r- —r—T- -�—r It-r-,-r--r-r-r �) --�-�- .-,-r,,I„M-r,-. �,, ♦ Y A r• 7 ♦ i 6 `I i U 6• M V r*-T-T-T -*-r-•- rnT, .-* rr-r�-r n L a i ip 'r •v c L )N u ♦ w w r•• M r Ti '-'r-_T _r' rT— f_rl -'ram-' T'T''rl� t r-rr rrrvT '-T-I T1 V Y y � V i �-"' , � N! w • w w r w o WILA CHART F-10 3,000 =1 aLw31 2,000 •.bah 3 r4 ww w 3 7.3' Iww� L 3 t. art 1,000 111 Ya La i t00 to us L. 2 F r j s-r.r-]• la 46U Lt cc �= ! OO w r-r,r-s• .o0 1a I300 ' la Ls Ir-01 a S'- I' 'r too AL72- a 44- 100 3 LO ! LO t0 1.0 40 ,, o 30 ., sa a 31• � j c 20 43•927• -S lC1LL LN71tJ1NCL "PEI L l T ' �so 34's22• t » A c .s a ..a •+tsar a•..r.a r. a1rq. 22,214, t w t raw•a, rr'�aa • 2 u'arr•r.a. 22'a13* LO t ML VAWffXM"L x22s IOCr 01101,NS10010 ARE HEADWATER DEPTH FOR us790 IN ra{RICs7oR'2 Cs7kO{ C. M. PIPE -ARCH CULVERTS "'ta"'•"'6wc M.,y.•w WITH INLET CONTROL 36 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CHART F 11 [loco FA >• 1 � W. 4� ! L amft" D IHKIT Cwvc" flaw" ou" �a too I 's r � t acc to i 10 t 40o F t• �,.• k 3C0 I 72 IOC � •2 � �' � � ._ -200 t0 37 t s0 I APO too t 40 rr 30 i y00 . •- L s r2T e 30 24 'w -10 20 21 zo i0 13 1: • HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL owe" v ^ors mm" our an n ■ 0.012 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 37 rmoo f' i L loco ' z Etoo ! �-{00 Ito rso0 10{ E •°o s. 200 N rC S00 T2 as w= {0 c_ •{ =L {0 ull Ell4j U} 30 o �r 20 i• 1 is l0 �{ • { I! a 12 a CHART F-12 ' C4 L a i p1eUe•eL0 owma CIA.9" PUP-" P%" o+ t°° L a a0° r { *00` L totLlO. ` 20 *.Km I w.ue amn ar w 38 HEAD FOR STANDARD G M. PIPE CULVERTS FLOWING FULL n*0.O24 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 I (- CHART F 13 Saco 4000 3000 --y'► r' �'�'�----.-� 2000 sue-c" i *.?6v "-Cot rw-4 NV: Bo00 Sao w=10 —roo� A .� wo s=S -ao a Soo ` !_s k-w `+�) ,so*3,C C 727 — Soo 'r40 r • � or w " 30 t = � 200 !=S s ` 4p � i .p I .O ;ORY� i. 100 0 LAZUla a t !0 �-. =0 ___ 20 20 10 ! HEAD FOR CONCRETE BOX CULVERTS FLOWING FULL 04 r -wowc w" aw. +a R a 0.012 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 39 CHART F-14 300 ww =0 l�t1Nt! OYTLtT "Vest RA+{ 9►1, IV wNM �w� r• wMwMti !�A A N � � r 100 - ~J .}f ,3 !0 Q,Ire 90 $C ....a i � , 70 �A.s, ao ar=ur 30 srz3c `Cc = E 16 3C=3P 200 � 41W r .r=3dc \ _ -20 u x a 500 00 _ ri w .00 A to � soo ! [2rxir a a � 7 s a s w • F3 2 HEAD FOR STANDARD G M. PIPE -ARCH CULVERTS FLOWING FULL n ■0.024 U Stormwater Management Technical Manual Burgaw, North Carolina February 2000 soon =OCO tp tot M S 1st s�1000 � {� 000 O �Ilt , too r 000 = L x C s Ir o00 o f0 st00 C u 'ram o �00 We me ter M V~c •aw am nsa Stormwater Management Technical Manual Burgaw, North Carolina February 2000 CHART F 1S tus•oo avnt:r skon Ro.,.• ryLL I.r r� w� =rya r.•.w w ti 2 Cr F � � l iir .j Y � Y — a s po • �q�•"�t yo to ta.•n • T aoaa r oats w 1011 aT l� HEAD FOR STRUCTURAL PLATE CORR. METAL PIPE CULVERTS FLOWING FULL n ■ 0.0328 TO 0.0302 41 CHART F-16 NEW YORK DOT DISSIPATER METHOD FOR USE IN DEFINED CHANNELS (Source: "Bank and Channel Lining Procedures," New York Department of Transportation, Division of Design and Construction. 1971) Note: To use the following graph you must know: 1. Q full capacity 2. Qto 3. V full 4. Vto Where Q = discharge in cfs and V = Velocity in fps. ESTIMATION OF STONE SIZE AND DIMENSIONS FOR CULVERT APRONS Step 1) Compute flow velocity Vo at culvert or paved channel outlet. Step 2) For pipe culverts Do is diameter. For pipe arch, arch and box culverts, and paved channel outlets, Do= Ao , where A = cross -sectional area of flow at outlet. For multiple culverts, use Do=1.25xDo of single culvert. Step 3) For apron grades of 10% or steeper, use recommendations for next higher zone. (Zones 1 through 6). v r is is se 2r OLALM--ER (F_) (Source: Erosion and Sediment Control Planning and Design Manual, NC Department of NRCD, Land Quality Section, September 1988, Rev. 12/93) 4.4 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 1 CHART F-17 YXNr-TN 01P APRON TO PREVENT TO PROTECT SCOUR ZONE APRON MATERIAL CULVERT HOLE USE L2 L1 ALWAYS L2 1 Stone Filling(Fine) Class A 3 x Do 4 x Do 2 Stone Filling (Light) Class B 3 x Do 6 x Do 3 Stone Filling (Medium) Class 1 4 x Do 8 x Do 4 Stone Filling (Heavy) Class 1 4 x Do 8 x Do 5 Stone Filling (Heavy) Class 2 5 x Do 10 x Do 6 Stone Filling (Heavy) Class 2 6 x Do 10 x Do 7 Special Study Required (Energy Dissipaters, Stilling Basin Or Larger Size Stone). Width = 3 times pipe diameter (minimum) DETERMINATION OF STONE SIZE FOR DUMPED STONE CHANNEL LININGS AND REVETMENTS Step 1 Use Chart F-18a to determine maximum stone size (e.g., for 12 fps = 20" or 550 lbs. Step 2 Use Chart F-18b to determine acceptable size range for stone (for 12 fps it is 125-500 lbs. for 75% of stone, and the minimum and maximum range in weight should be 25 - 500 lbs.) NOTE: In determining channel velocities for stone linings and revetment, use the following coefficients of roughness: Diameter Manning's Minimum Thickness (inches) "n" of Lining (inches) Fine 3 0.031 9 12 Light 6 0.035 12 18 Medium 13 0.040 18 24 Heavy 23 0.044 30 36 (Channels) (Dissipaters) Source: Erosion and Sediment Control Planning and Design Manual, NC Department of NRCD, Land Quality Section, September 1988, Rev. 12/93. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 43 6C 4C 0 CHART F 18 ::�""1� _. •:•-.}.•:11 n.X1N�--•1� � :2.1: 51Pn��lt�l?�fl=l�►l� 2" ,� II• J : ...._ J::l:� _ I=L ..:...3 .l .t?:ti:ir �i::r:• :iz=.1.:i:;::�:t1 �T ,?.: i �J �l =..�:�tst jI• ift ��'•i. ;..�i.. -:.. r, "w N.SI::;_ ::+t::1 ':: i�;i =� . ^i _•;:ii '' Ste'. T 1 1 i� ZZ 1) t•;;:t tt�' it (' :: IIIi?? fit??JI '�.::`..'.:;l,ic=:J,ii V. i?:. Ile,it TER • Ti {jIIZ�•'_u, , 21:1•.i1 a' 1_Ijl•: 1?it :� :' 15.000 •10.000 . 5.000 sn s 1.000 ,250 $ 3 2 4 6 8 10 12 to tI 18 20 Wacy in FNcSae. Pined an 12bat-%tw F-18a V.= Smne Size for Rip Rap MAXIMUM WEIGHT " OF STONE REQUIRED (lbs.) MINIMUM AND MAXIMUM RANGE IN WEIGHT OF STONES (lbs.) WEIGHT RANGE OF 75 % OF STONES (lbs.) 150 25 - 150 50 - 150 200 25 - 200 50 - 200 250 25 - 250 50 - 250 400 25 - 400 100 - 400 600 25 - 600 150 - 600 800 25 - 800 200 - 800 1,000 50 -1,000 250 - 1,000 1,300 50 -1,300 325 - 1,300 1,600 50 -1,600 400 - 1,600 2,000 75 - 2,000 600 - 2,000 2,700 100 - 2,700 800 - 2,700 F-18b Gradation of Rip Rap Source: " Bank and channel lining procedures, "New York Department of Transportation, Division of Design and Construction, 1971 Source: Erosion and Sediment Control Planning and Design Manual, NC Department of NRCD, Land Quality Section, September 1988. Rev. 12/93. 44 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 � SECTION G OPEN CHANNEL DESIGN ' In this area, proper consideration and design of the channel is of utmost importance, due to the high degree of potential erosion caused by the loose, non -cohesive soils native to the area. Typical ypi al linings used to protect channel slopes include grasses, grass .reinforced with a stabilization mat, stone riprap, paved slopes, and concrete fabric -form. The Town encourages any introduction of new proven methods for lining channels. The town or its authorized representative shall approve alternative linings. Ga Vegetative Channels Typical channel cross sections include the trapezoidal cross section, triangular cross section, and the parabolic cross section. Chart G-2 may be used to detemune geometric and hydraulic properties. Note that open channels to be dedicated to the Town shall meet the geometric requirements stated in Section D. The triangular and parabolic section design guide is included for sites where these will be used as on -site water quality features C� for filtering and conveying stormwater. Channel capacity shall be computed using ' p ty p sing the Manning's equation and teal and error solution. The basic equation is: Q=1.486ar"'sW/n where Q is flow in cubic feet per second (cfs), a is flow area in square feet (ft), r is hydraulic radius which is equal to the channel area divided by the wetted perimeter, s is the slope of the hydraulic grade fine or channel bottom in ft/ft n is the roughness coefficient of the channel. Steps for determining channel design when using vegetative lining follows: a. With the known flow rate, Q, and channel slope, s, select channel geometry type and lining type. b. Determine permissible velocity from Chart G-3. c. Estimate channel size by dividing Q by the permissible velocity. Then estimate channel width, depth and side slope to fit site conditions. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 45 d. Compute the hydraulic radius of the trial channel configuration. e. Determine Manning's n using vegetative retardance class from Chart G-4 and the Figure 8.05c, Manning's n related to velocity, hydraulic radius, and vegetal retardance, using the permissible velocity and hydraulic radius. It is recommended to use at least one retardance class higher than the one determined from the chart. EMENNINUMEMMENINUM■ Less than 2' ll�►\�f,��►��f1f'� swi NONNI A .n W z a 6 810 20 VR, Product of Velocity and Hydraulic Radius Figure 8.05c Manning's n related to velocity, hydraulic radius, and vegetal retardanoe. *Source: Erosion and Sediment Control Planning and Design Manual, NC Department of NRCD, Land Quality Section, September 1988. f. Calculate velocity and flow using Manning's equation. Compare results with permissible velocity and required capacity. g. Repeat steps a. through f. as necessary adjusting channel geometry to obtain required capacity within velocity limitations. Chart G-1 on the following page provides for the solution of Manning's equation for a trapezoidal channel with side slopes from 1 to 6 horizontal to 1 vertical. An example is shown in the lower right comer of the nomograph. If the channel velocity exceeds 2 fps, a temporary lining may be required to stabilize the channel prior to the vegetation establishing. The procedure for designing temporary linings is the same as shown for riprap lined channels. 40 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 1 1 1 1 r S (M) C>LARTG-1 NOTE: -Project horizontal from Z • 0 sea.,* 1 to obtain values for Z . 7 to 6 ' I z On (FP/S) ao 2 8 (h) d (ft) at Example: 1 0.06 G)wn: Find: SoAMWec 90.01 am 0 Qr . 63 406 0 . 10 fft as . C.14 OAS n. 0.03 a . 0.14(4I.0.0 R fS . 41t OD4 Z • 4 0.m MwvwI" YagA%W0-LM AR"2S~ay.� "4 RMS S"ftn of mwwwws WPUGn far Mwen dd dfsrrrfa of vslips d4 sb0w ._ roan.atwn:F„w,.+�c.,s.ro.o-�o�tra„ •sour= Eromm and Sedunatt Control Planamg and De sip Mam al, NC Depatuaextt orNRCD, . Land Quaiiry Section, September 1988. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 47 CHART G-2 V-Shape T d Z.a r• Crow -Sectional Area (A) . Zd2 e Top Width (T) . 2dZ Hydraulic Radius (R) . �Zd 27 2• * t_ Parabolic Shape j• T i d Cross -Sectional Area (A) . 2 Td Top Width M . �1 5 AA Hydraulic Radius . TZd t.5Tz+ sdF Trapezoidal Shape T d IZ-Q b------------..� Cross -Sectional Area (A) . bd + ZdF Top Width M . b + 2dZ Hydraulic Radhu . bd + Zd= b + 2d �+ i C�.I O'°""1rMa krr.N.pd �bo1e aM t�p�midd diar.rk. •S%= Eromoa and Sediment Control Pbmu.ng and Design Mend, NC Depernswat ofNRCD, Land Quality SecdM September 1988. 48 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 �-'- CHART G-3 Maximum Allowable Design Velocities for Vegetated Channels' Permissible Velocity Typical Soil for Established Grass Channel Slope Characteristics Grass Lining Lining (ft/sec) 0-5% Easily Erodible Bermudagrass 5.0 Non -plastic Tall Fescue 4.5 (sand & silts) Bahiagrass 4.5 Kentucky bluegrass 4.5 Grass -legume 3.5 Erosion Resistant mixture 6.0 Plastic Bermudagrass 5.5 (clay mixes) Tall Fescue 5.5 Bahiagrass 5.5 Kentucky bluegrass 4.5 Grass -legume mixture 5-10% Easily Erodible Bermudagrass 4.5 Non -plastic Tall Fescue 4.0 (sand & silts) Bahiagrass 4.0 Kentucky bluegrass 4.0 Grass -legume 3.0 Erosion Resistant mixture 5.5 Plastic Bermudagrass 5.0 (clay mixes) Tall Fescue 5.0 Bahiagrass 5.0 Kentucky bluegrass 3.5 Grass -legume mixture >10% Easily Erodible Bermudagrass 3.5 Non -plastic Tall Fescue 2.5 (sand & silts) Bahiagrass 2.5 Kentucky bluegrass 2.5 Erosion Resistant Bermudagrass 4.5 Plastic Tall Fescue 3.5 (clay mixes) Bahiagrass 3.5 Kentucky bluegrass 3.5 * Source: USDA-SCS Modified, Erosion and Sediment Control Planning and Design Manual, N.C. Depart. of Natural Resources and Community Development, Land Quality Section, May 1994. NOTE: 'Permissible velocity based on 10-year-storm peak runoff 2 Soil erodibility based on resistance to soil movement from concentrated flowing water. 3Before grass is established, the type of temporary liner used determines permissible velocity. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ME CHART G-4 RETARDANCE CLASSIFICATION FOR VEGETAL COVERS RETARDANCE COVER CONDITION A Reed canarygrass Excellent stand, tall (average 36") Weeping lovegrass Excellent stand, tall (average 30') B Tall Fescue Bermudagrass Grass -legume numre (tall fescue, red fescue, sericea lespedeza) Grass mixture Good stand, uncut, (average 18") Good stand, tall, (average 12") Good stand, uncut (timothy, smooth bromegrass or orchardgrass) Good stand, uncut (average 20") Sericea lespedeza Good stand, not woody, tall (average 19") Reed canarygrass Good stand, cut (average 12-15") Alfalfa Good stand, uncut (average 11 ") C Tall Fescue Good stand, (8-12") Bermudagrass Good stand, cut (average 6") Bahiagrass Good stand, uncut (6-8") Grass -legume mixture summer (orchardgrass, redtop and annual lespedeza) Good stand, uncut (6-8") Centipedegrass Kentucky bluegrass Redtop D Tall Fescue Bermudagrass Bahiagrass Grass -legume mixture fall -spring (orchard grass, redtop and Very dense cover (average 6" Good stand, headed (6-12") Good stand, uncut (15-2011) Good stand, cut (3-4") Good stand, cut (2.5") Good stand, cut (34") annual lespedeza) Good stand, uncut (4-5") Red fescue Good stand, uncut (12-18") Centipedegrass Good stand, cut (3-4") _ Kentucky bluegrass Good stand, cut (34") E Bermudagrass Good stand, cut (1.5") Bermudagrass Burned stubble Modified from: USDA-SCS, 1969, Engineering Field Manual s Stormwater Management Technical Manual Burgaw, North Carolina February 2000 G.2 Riprap Lined Channels The important consideration in design of riprap linings is that the velocity is not so great that the stones become dislodged. Chart G-5 is provided to determine Manning's "n" coefficient at different depths of flow. The method in choosing the size riprap and depth is trial and error. The basic equation for use in design is: T = (y) (d) (s) where: T is shear stress in lb/ft, y is 62.4 lb/ft, density of water, d is flow depth in feet, s is channel slope. The value of "d" is determined by the procedure described above or by using the nomograph for trapezoidal channels (Chart G-1). Once the depth is determined, the assumed roughness coefficient should be checked with Chart G-5. With the known channel slope, s, compute T using the above equation. This computed value should be less than Td as shown in Chart G-6. CHART G-5 Manning's Roughness Coefficient "n" "n" value for Depth Ranges Lining Category Lining Type 0-0.5 ft 0.5-2.0 ft >2.0 ft (0-15cm) (15-60cm) (>60cm) Rigid Concrete 0.015 0.013 0.013 Grouted Riprap 0.040 0.030 0.028 Stone Masonry 0.042 0.032 0.030 Soil Cement 0.025 0.022 0.020 Asphalt 0.018 0.016 0.016 Unlined Bare Soil 0.023 0.020 0.020 Rock Cut 0.045 0.035 0.025 Gravel Riprap 1-inch (2.5-cm) D50. 0.044 0.033 0.003 2-inch (5-cm) D50 0.066 0.041 0.034 Rock Riprap 6-inch (15-cm) D50 0.104 0.069 0.035 12-inch (30-cm) D50 0.078 0.040 Stormwater Management Technical Manual 51 Burgaw. North Carolina February 2000 CHART G-6 Permissible Shear Stresses for Riprap and Temporary Liners Permissible Unit Shear Stress, Td Lining Category Lining Type (lb/ft) Temporary Woven Paper Net 0.15 Jute Net 0.45 Fiberglass Roving: Single 0.60 Double 0.85 Straw with Net 1.45 Curled Wood Mat 1.55 Synthetic Mat 2.00 D50 Stone Size (inches) Gravel 1 0.33 2 0.67 3 2.00 Rock Riprap 6 3.00 9 4.00 12 5.00 15 6.00 18 7.00 21 7.80 24 8.00 *Source: Erosion and Sediment- Control Planning and Design Manual, NC Department of NRCD, Land Quality Section, December 1993. G.3 Alternative Liners When the velocity in an open channel exceeds permissible velocities for vegetation shown in Chart G-3, it becomes necessary to use a permanent protective lining on the slopes and bottom. Riprap linings discussed in the previous section provide very economical and dependable protection for most flows if sized properly. There are other linings available, such as fabric -form concrete paving, gabions, brick, or a combination of any of these (paved channels with grassed side slopes), that may be preferred due to cost, appearance, maintenance, or dependability. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 I ' Chart G-7 provides the Manning's roughness coefficient `n' to assist in the analysis of open channels. CHART G-7 Values of "n" in Manning's Formula Lining "n" Brick .013-.015 Concrete Trowel Finish .013 Float Finish .015 Unfinished .017 Concrete, Bottom Float Finished, with Sides of Dressed Stone .017 Random Stone .020 Cement Rubble masonry .025 Dry Rubble or Riprap .030 Fabric -Form (Uniform Cross -Section) .015 Fabric -Form (Filter Points) .025-.030 Gabions .030-.035 Gravel Bottom, with Sides of Random Stone .023 Riprap .033 *Sources: F. E. McJunkin and P.A. Vesilind, "Practical Hydraulics for the Public Works Engineer", Reprinted from Public Works Magazine Fabric Forms for Concrete, Tri-State Consultants, 1988 The Reno Mattress, @caferri Gabions, 1983 Stormwater Management Technical Manual Burgaw. North Carolina February 2000 53 1 1 i 1 E 1 54 1 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 �^ SECTION H STORMWATER DETENTION PONDS H.1 Design Objective Stormwater detention ponds shall be designed so that the peak discharge from the site for the 10-year storm after development shall not exceed the peak discharge from the same site for the 10-year storm prior to development. An emergency spillway shall be provided so that it can handle the 50-year storm assuming the principal spillway is obstructed or not operating properly. The elevation of the top of the dam shall be a minimum of 0.5 feet above the peak water surface elevation for the 50-year storm. H.2 Submission Requirements The information outlined below shall accompany stormwater detention facility designs submitted for approval based on the size of watershed. H.2.1 Information required for facilities where the watershed is one acre or greater. a. A plan showing the drainage area of the watershed in sufficient detail to confirm the area and composition. b. A site plan showing the detention basin with complete construction details. C. Detailed computations of design discharges, including the peak 10-year discharge prior to development, the peak 50-year discharge after development, and the peak 10-year discharge after development. d. Detailed computations of the stage -storage relationship, including a graph or table of water -surface elevation versus volume of storage. e. Detailed computations of the stage - discharge relationship, including a graph or table of water surface elevation versus total discharge through the outlet system. f. Detailed computations of flood routing for the 10-year storm in suitable time increments, including a table showing at least the four columns of elapsed time, accumulated storage, stage, and discharge. g. Supporting calculations for the arrangement of the emergency spillway, particularly showing the determination of the elevations of the crest and top of dam and the length of the spillway. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 55 h. Detailed calculations for energy dissipaters design and outlet velocities for the 10-year storm. i. Evaluation of composite hydrographs in the downstream system when required by the Town. H.2.2 Information required for facilities where the watershed is less than 1 acre. a. A plan showing the drainage area of the watershed in sufficient detail to confirm the area and composition. b. A site plan showing the detention basin with complete construction details. C. Computations of the peak 10-year discharge prior to development and the 10-year discharge after development. The designer should also evaluate the system for the peak 50-year discharge after development. d. Calculations of available storage and outlet structure hydraulics necessary to show that the post development discharge will be no greater than the predevelopment discharge based on a 10-year storm. e. Calculations for energy dissipation of the outlet of the system for the 10-year storm. f. The volume shall be calculated using the equation for estimated volume of required storage as written in Section H.3.1.d. H.3 System Analysis The four procedures described below are the ones that will be used by the -Town to review the detention pond design. Other procedures may be used by the designer to design or analyze the pond and system. In cases where the designer proposes to use computer programs or desktop procedures not recognized by the. Town, the designer shall show that the pond adequately performs according to the following analysis. H.3.1 Hydrograph Formulation The three important aspects of the design hydrograph are the magnitude of the peak discharge, the volume of runoff (area under the hydrograph), and the hydrograph shape. A simplified method of hydrograph formulation, based on these aspects, are acceptable for analyzing detention pond designs from watersheds of less than one square mile. (For background see Malcom, 1987). 'For larger watersheds, detailed hydrologic modeling shall be done by accepted methods. The simplified method for hydrograph formulation is: ju Stormwater Management Technical Manual Burgaw, North Carolina February 2000 A 1 1 1 1 1 1 a. Estimate the Peak. The peak discharge of the hydrograph of the 10-year storm may be estimated by applying the Rational method as described in Section E, with the following provisions: • Determine C, the composite runoff coefficient, in the conventional way • Compute I the applicable intensity (in/hr), for the 10-year storm at the appropriate time of concentration. Determine time of concentration by the Kirpich equation. Determine the intensity by the equation or graph given in Section E. • Measure the watershed area contributory to the pond as delineated on a suitable topographic map. b. Estimate the Volume of Runoff. The volume of runoff may be estimated by applying the runoff estimation methods of the Soil Conservation Service to an appropriate design storm. In this application, the design storm is taken to be the .10-year storm of 6 hours duration, which is a depth of 4.63 inches in Burgaw. See Chart E-5. (The 6-hour duration is selected in this method to yield a hydrograph comparable in size to that produced in SCS TR-55, U.S. Army Corps of Engineers HEC-1, and similar methods). The total volume of the runoff is the runoff depth multiplied by the watershed area. The volume estimate may be made as follows: • Estimate the effective SCS Curve Number (CN) for the watershed under future development conditions. Refer to the SCS Soil Survey of Pender County to determine the soil types distributed in the watershed. Use Tables H-1 and H-2 to estimate the effective Curve Number for the watershed from observed soil types and cover conditions, or use SCS publications. Calculate a composite CN if the site should require one. • From the six -hour, 10-year rainfall and the applicable SCS Curve Number, compute the runoff depth by the SCS procedure listed below. Determine the ultimate soil storage capacity, S: S=(1000/CN) - 10 Determine runoff: RUNOFF = (P - 0.2 S)2 / (P + 0.8 S) where P is the 6 hour, 10-year storm; use 4.63 inches for Burgaw c. Set the Shape of the Hydrograph. The shape is determined by a pattern function that will preserve the estimated peak and estimated volume of runoff. The time to peak, Tp, is computed by the following expression: Tp = (43.5 * Area * Runoff) / Qp Stormwater Management Technical Manual Burgaw. North Carolina February 2000 57 in which runoff is the SCS runoff depth in inches, area is the watershed area in acres, Qp is the estimated peak discharge in cfs, and Tp is the time to peak in minutes. When the values of the peak, Qp, and the time to peak, Tp, have been set, the discharge at any time T may be determined by the pattern function (a step function). For time T from zero to 1.25 *Tp: Q = (Qp / 2)(1 - cos((7c * t) / Tp) For times greater than 1.25 *Tp: Q = 4.34 Qp exp(-1.3(t / Tp)) In the step function, Q is the hydrograph discharge at the time of interest, t, in minutes. Qp is the estimated peak discharge in cfs, and Tp is the calculated time to peak in minutes. It is important to note that the argument of the cosine is in radians. If the calculations are carried out on a manual calculator, it shall be set to calculate in radians mode. CHART H-1 Depth - Duration - Frequency Burgaw, North Carolina RETURN PERIOD 2-Year 5-Year 10-Year 25-Year 50-Year 100-Year Duration (in) (in) (in) (in) (in) (in) 5 Min 0.59 0.72 0.85 1.98 1.08 1.11 10 Min 0.91 1.11 1.31 1.51 1.66 1.71 15 Min 1.15 1.40 1.66 1.91 2.10 2.16 30 Min 1.60 1.95 2.30 2.65 2.91 3.00 1 Hr 2.00 2.50 2.90 3.33 3.71 4.00 2 Hr 2.43 3.20 3.55 4.13 4.55 5.17 3 Hr 2.73 3.39 3.94 4.50 5.00 5.56 6 Hr 3.09 4.00 4.63 5.38 6.00 6.76 12 Hr 3.67 4.80 5.63 6.45 7.14 8.07 24 Hr 4.10 5.50 6.61 7.67 8.33 9.50 �a Stormwater Management Technical Manual Burgaw, North Carolina February 2000 711 TABLE H-1 Hydrologic Soil Groups for Local Soil Types Hydrologic Map Soil Symbol Group Soil Tvve Ba D Bayboro Be A Baymeade Bh * Baymeade-Urban Land Complex Bp * Borrow Pit Cr C Craven DO D Dorovan Jo D Johnston Ke A Kenansville Kr A Kureb Ku * Kureb-Urban Land Complex La A Lakeland Le B/D Leon LO * Leon -Urban Land Complex Ls C Lynchburg LY B/D Lynn Haven MP * Nfine Pits mu A/D Murvflle Nh A Newhan No B Norfolk On B Onslow PM D Pamlico Pn B/D Pantego Ra B/D Rains Rm. A Rimini Se A/D Seagate Sh * Seagate -Urban Land Complex St C Stallings TM * Tidal Marsh To C Torhunta Ur * Urban Land Wa A Wakulla Wo B/D Woodington Wr * Wrightsboro * Requires field judgment. A/D refers to drained/undrained. Sources: Urban Hydrology for Small Watersheds, USDA-SCS, 210-VI-TR-55, Second Ed., June 1986. Stormwater.Management Technical Manual Burgaw, North Carolina February 2000 59 TABLE H-2 1 SCS Curve Numbers for Various Cover Conditions Hydraulic Soil Group Percent Cover Description A B C D Impervious Fully Developed Urban Areas Open space Poor Condition (<50% grass) 68 79 86 89 Fair Condition (50-75% grass) 49 69 79 84 Good Condition (>75% grass) 39 61 74 80 Impervious areas Pavement, roofs 98 98 98 98 Gravel 76 85 89 91 Dirt 72 82 87 89 Urban Districts Commercial and Business 89 92 94 95 85 Industrial 81 88 91 93 72 Residential Areas (by lot size) 1/8 acre (town houses) 77 85 90 92 65 to acre 61 75 83 87 38 1/3 acre 57 72 81 86 30 1/2 acre 54 70 80 85 25 1 acre 51 68 79 84 20 2 acres 46 65 77 82 12 Agricultural Areas Pasture, grassland Poor 68 79 86 89 Fair 49 69 79 84 Good 39 61 74 80 Meadow (mowed) 30 58 71 78 Brush Poor 48 67 77 83 Fair 35 56 70 77 Good 30 48 65 73 Woods and grass (orchard) Poor 57 73 82 86 Fair 43 65 76 82 Good 32 58 72 79 Woods Poor 45 66 77 83 Fair 36 60 73 79 Good 30 55 70 77 Row crops, straight, good 67 78 85 89 Row crops, contoured, good 65 75 82 86 Small grain, good 63 75 83 87 Farmsteads 59 74 . 82 86 Source: SCS TR-55 (SCS, 1986) ou Stormwater Management Technical Manual Burgaw, North Carolina February 2000 7Z d. Estimating Required Storage. The required storage can be estimated using the following equation: S=(Q,-QjxT,x 1.39x60 in which: S = Estimated stormwater storage required (cu ft) Q = Estimated peak flow (cfs) (postdevelopment flow rate) Q. = Allowable maximum outflow (cfs) (predevelopment flow rate) Tp = Estimated time to peak (min) On sites of one acre or more, the system shall be routed to verify that sufficient storage is provided to meet the design criteria. Sites less than one acre are encouraged to be routed but will not be required. H.3.2 Stage -Storage Formulation The stage -storage function represents the most important aspects of the size and shape of the storage container. In the submission documents, it is presented as a graph of water surface elevation versus storage volume. Plotted values are normally computed from the topographic map of the detention pond. Areas of contours within the pond are measured. From these, the incremental volumes of water storage between the contours are ' computed, then accumulated to yield points of volume. stored below each contour. Orderly supporting calculations shall be submitted with the stage -storage plot. The stage -storage relation can be formulated as a graph or as a mathematical expression. The latter is more useful in this application because it includes both water volume information and surface area information as they relate to depth in a pond of complex shape. Stage is the depth of water relative to the bottom of the pond. Storage is the volume of water at a given stage. A stage -storage function may be formulated for a given basin as follows: Compute a set of representative storage volumes at various stages by applying the average -end method of volume computation vertically to the set of known contours that express the basin topography. Arrange them as a list of stages, Z, and associated storage, S. If one plots the logarithms of storage versus the logarithms of stage, the resulting graph is usually remarkably a straight line, even the apparently complex topography of a natural draw or swale. This observation leads to the power -curve representation described below. The expression for the stage -storage function is: �wr Stormwater Management Technical Manual 61 Burgaw, North Carolina February 2000 in which: Z = Stage (ft above the pond bottom) S = Storage (cu ft) KS and b are constants to be determined for the basin of interest. There are two reasonable ways to determine KS and b from the stage -storage list. One is to use a linear regression routine applied to the logarithms of the data and back calculate the constants, &, and b, from the regression results. The regression procedure is preferred because the shape information contained in a number of contours can be used to set the constants. The other method is to obtain an approximation of the constants algebraically by using stage and storage values from two of the contours. It is usually best to select one point near the maximum expected water -surface elevation and the other at about mid - depth. The precision of the result can be tested and improved by trial and error. Select two points on the stage -storage function as described above. Let the lower be point number one and the upper be point number two. Estimate the exponent: b = [ ln(SZ / St)] / [ ln(Z2 / Zt)] Estimate the coefficient: K,=S2/Zb2 in which: Z = Stage of the specified point (ft above the pond bottom) S = Storage of the specified point (cu ft) Ks and b are constants determined for the basin of interest. Test the validity of the function by substitution of known values of storage to estimate the associated stages. If the stages agree acceptably with the actual stages (say within 0.1 ft or so), the expression is valid. For that check, the expression can be reformulated as: Z = IS / K,]t/b (equation H-1) In which the variables are the same as above. Reference: (North Carolina Erosion and Sediment Control. Planning and Design Manual pp. 8.07.29 (rev 12/93), 8.07.30 (rev 12/93)) oL Stormwater Management Technical Manual Burgaw, North Carolina February 2000 H.3.3 Stage Discharge Function The stage -discharge function represents the most important aspects of the hydraulic behavior of the outlet system. Because there are many combinations of acceptable outlet devices, there can be no simple specification of permissible devices. The designer, having verified through analysis that the proposed outlet system is satisfactory, is expected to present the stage -discharge function as a graph of water -surface elevation versus outflow from the system. Detailed drawings of the outlet configuration and supporting hydraulic calculations shall be submitted with the stage -discharge plot. Commonly, outlet devices es are constructed as a combination of pipes and weirs. These combinations may require that the stage -discharge function be developed for one or ' more combinations of the following types of flow. a. Inlet control Pipes acting under inlet control can be represented in calculations by the orifice equation, if the inlet is fully submerged, or by the charts published by the Federal Highway Administration (FHWA, 1985). See Charts F-6 thru F-10. The equation for orifice flow is; `^ Q _ Cd A (2gh)os where Q is the discharge in cfs Cd is the coefficient of discharge (Table H-3) A is the area of the orifice in sq ft. g is the acceleration of gravity = 32.2 ft/sec2 h is the height of the headwater above the center of the orifice in feet TABLE H-3 Values of Coefficient of Discharge (Cd) for Pipes under Inlet Control Reinforced Concrete Socket end flush with headwall 0.65 Socket end projecting from fill 0.64 Square edge in headwall 0.59 Corrugated metal pipe End flush with headwall 0.59 End mitered to conform to slope 0.52 End projecting from fill 0.51 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 63 b. Outlet Control If the outlet end of the pipe system can be submerged by the 10-year storm, the system shall be analyzed under outlet control, including routing, to confirm that the operation will be satisfactory. The FHWA outlet control charts can be used to make the analysis. See Charts F-11 through F-15 C. Weir Calculations The spillway component of the stage -discharge computations can be computed using the equation for weir flow. When computing flow into a drop structure as weir flow or if the spillway has a concrete weir section the coefficient should be 3.3. When the flow is over the top of a road or grassed berm used as a spillway the coefficient should be 3.0. The weir equation is as follows: Q = Cw L H3/2 where: Q is the discharge in cfs Cw is the weir coefficient, 3.0 or 3.3 L is the length of the weir measured along the crest in feet (perpendicular to flow) H is the depth from the top of the weir to the water surface at a point where the velocity is minimized The discharge determined using the FHWA outlet -control charts should be compared to the discharge computed using the orifice equation. The smaller of two discharges determines the control for the pipe. This flow is then used in developing the stage -discharge information. If both pipe flow and weir flow exist at the same time the two values for the same stage should be added together to determine the total discharge for a given stage. To draw the stage -discharge curve, you plot the stage verses total discharge on semi -log paper with the stage being plotted on the arithmetic side, usually the vertical, and the discharge on the log side, usually the horizontal. Designers are encouraged to exercise innovative planning in detention pond design to produce facilities that are effective, attractive, and easily maintained. In the interest of efficiency in design and review, designers of unusual ponds are encouraged to confer with the town early in the design process for a preliminary reaction. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ,r- H.3.4 Flood Routing* The hydrograph of the 10-year storm should be routed through the detention pond to verify that the detention objective is met. The Chainsaw Routing method, devised by Dr. H. Rooney Malcom, P.E., is included for its inherent simplicity and efficiency. The name is a reminder of the coarseness of the information on which analysis and design of these systems are based. To execute the flood routing, one first formulates the three sets of input data described in sections H.3.1, H.3.2, and H.3.3. Routing of the flood proceeds by time steps. At each step in time during the 1 passage of the inflow hydrograph through the reservoir, the outflow is computed. The result is a list of values of outflow at stated times -- the outflow hydrograph. The continuity principle states that the rate of change of storage with respect to time is the difference between inflow and outflow: ' ds/dt = I — O Over a time increment As/At = I - O where Os/At - is the change in storage with respect to time I - is inflow 1 O - is outflow The incremental change in storage can be estimated as: OSij = (II - Oi) ATij (equation H-2) in which ASij = change in storage in the time increment i to j Ii = inflow at time i Oi = outflow at time i ATij = time increment The simplification of this method is to consider that the change in storage may be adequately estimated by viewing the time increment as a parallelogram, whereas it is more precisely viewed as a trapezoid (the view taken in the Storage -Indication method). Equation H-2 becomes the basis for taking a step through time in the routing. Note the equation H-2 is in consistent units. If inflow and outflow are in cfs and if the time increment is in seconds, then storage will be computed in cubic feet. These are the most convenient units. *Malcom, H. Rooney. 1989. Elements Of Urban Stormwater Design, pp. III-17-III-21. North Carolina State University. Stormwater Management Technical Manual 65 Burgaw, North Carolina February 2000 The routing is conventionally carried out in a table, such as Table H-4, which was executed in a spreadsheet. The reservoir in this case is a normally dry detention basin designed as a culvert. The inflow hydrograph peaks at 368 cfs and 3 minutes and follows the step function given above. The stage -storage function for the area upstream of the culvert was formulated such that Ks = 284 and b = 3.30. The culvert consists of one 48-inch diameter reinforced concrete pipe with grooved end flush with a headwall for which the coefficient of discharge is estimated at 0.65. There is a roadway that serves as an overflow spillway. The crest elevation is at stage of 10.0 feet, the weir length is 120 feet and the weir coefficient is 3.0 (broadcrested case). The stage reference (Z = 0) is to the invert of the entrance of the culvert which is also the bottom of the dry pond. A Word about Spreadsheets: In the tabular computations that follow (Table H-4), the values shown in the cells of the tables were rounded back to the precision displayed. Internally in the spreadsheet program, the computations were carried out to several significant figures. As the reader computes values in a given cell based on displayed values in other cells, some differences may be noticed. Selection of the Time Increment: The time increment should be about one tenth of the time to peak(Tp), where time to peak is considered to be measured from the time of significant rise of the rising limb to the time at which the peak occurs. In this case the time to peak is 36 minutes, so the time increment was conveniently selected at 4 minutes. Note that in calculations the time increment was expressed in seconds. Input Data: TABLE H-4 CHAINSAW ROUTING APPLIED TO A SITE WITH CULVERT AND OVERFLOW WEIR Qp 368 Tp 36 RESULTS dT 4 OUTFLOW PEAK 173 Ks 284 MAX STAGE b 3..3 N 1 Cd 0.65 D 48 Zi 0 Cw 3 L 120 Zcr 10 8.94 *Malcom, H. Rooney. 1989. Elements Of Urban Stormwater Desi , pp. III-17-III-21. North Carolina State University. 66 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 fInitialization of the Routing Table: In every routing method, the routing table must be initialized to represent the state of the system at time zero. In this case, along the row at time zero, the following were set: Col 2: The initial inflow is zero; the system starts with no inflow. In some cases ' there may be some trivially low flow to be entered here. Col 5: The initial outflow is set equal to initial inflow (Col 2) at time zero. Col 4: Initial stage is set to reflect the water level in the reservoir at the beginning of the storm. In this case the pond is dry, and the stage is zero. In some cases, there is a ' normally wet pond. Then the stage is set to the initial stage of the water surface. Col 3: Initial storage is the volume of water (cubic feet) in the reservoir at time zero. In this case, the system is dry and the volume is zero. In the case of a normally wet pond, the initial volume can be computed from the stage -storage function using the stage of the initial water surface. ROUTING 1 2 3 4 5 6 7 TIME INFLOW STORAGE STAGE OUTFLOW CULVERT WEIR [min] [cfs] [cU ft] [ft] [cfs] [cfs] [cfs] 0 0 0 0 0 0 0 4 11 0 0.0 0 0.0 0.0 8 44 2718 1.98 32 32.4 0.0 12 94 5484 2.45 44 44.1 0.0 16 155 17396 3.48 80 79.7 0.0 20 219 35378 4.31 100 99.7 0.0 24 279 64046 5.17 117 116.6 0.0 28 328 103103 5.97 130 130.5 0.0 32 358 150432 6.69 142 141.9 0.0 36 368 202386 7.32 151 151.1 0.0 40 354 254328 7.84 158 158.4 0.0 44 320 301293 8.26 164 163.9 0.0 48 277 338670 8.56 168 167.8 0.0 52 239 364822 8.75 170 170.2 0.0 56 207 381358 8.87 172 171.7 0.0 60 179 389740 8.93 172 172.5 0.0 64 154 391210 8.94 173 172.6 0.0 68 133 386828 8.91 172 172.2 0.0 72 115 377506 8.84 171 171.4 0.0 76 100 364032 8.75 170 170.2 0.0" ' 80 86 347094 8.62 169 168.6 0.0 84 74 327290 8.47 167 166.6 0.0 Malcom, H. Rooney. 1989. Elements Of Urban Stormwater Design, pp. III-17-III-21. North Carolina State University. 67 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 Taking a Time Step: In every time step, the objective of the computation is to determine the outflow at the end of the time interval. So in this case, one would use the information at time zero and compute the values at time 4 min.. Then use the 4 min values to find those at 8 min, and so on. Let time i be the time at the beginning of the interval and time j be the time at the end of the interval. In the chainsaw routine, one begins by using values at time i to estimate the change in storage at time j and to update the storage volume. Then with the known storage at time j, the stage can be computed from the stage -storage function, and from stage the outflow can be computed from the stage - discharge function, all at time j. As an example, in the interval from time 28 to time 32 min, here is the order of computation: Col 3: The change in storage, from Equation H-2, is inflow at time i (time 28 minutes) minus outflow at time i multiplied by the time increment (240 sec). The change is 47,520 cu ft, which is added to the storage at time i (103,103 cu ft) to yield the storage at time j (150,432 cu ft). (The numbers do not agree as printed because the spreadsheet program calculates all values to maximum precision, and the values are rounded for display.) Col 4: At time j (32 min), calculate stage from updated storage using the rearranged stage -storage function, equation H-1. At 32 min water has risen to stage 6.69 ft. Col 6: At time j (32 min), calculate the flow through the pipe by the orifice equation, or by the culvert capacity charts. For stage of 6.69 ft, the equation yields 141.9 cfs. Col 7: At time j (32 minutes), calculate the flow over the weir by weir equation. Note that for this whole routing, the water level never rises above the crest of the weir, so there is no weir flow. Col 5: At time j (32 min), the outflow is the sum of the contributions of the pipe (Col 6) and the weir (Col 7). Col 2: At time j (32 min), the inflow is updated by reading values from a plotted hydograph developed in Section H.3.1 (rounded values are displayed) to compute the discharge at time 32 minutes. One can run the routing table as far as needed to determine the system responses of interest. Usually, these are the peak outflow, the largest value in Col 5, and the maximum stage, the largest value in Col 4. . Sometimes this method is subject to numerical instability. It will occur if the outlet system is of high discharge capacity and the storage container is of low storage capacity. In the real situation the outflow hydrograph is tracking closely the inflow hydrograph. *Malcom, H. Rooney. 1989. Elements Of Urban Stormwater Design, pp. III-17-III-21. North Carolina State University. 68 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 ' The effect of storage upon outflow is negligible. In the routing table, it will present itself when outflow exceeds inflow on the rising limb of the inflow hydrograph. In the extreme, change in storage becomes negative and large, perhaps large enough to make total storage go negative, and the computation of stage becomes impossible. Should this happen, it may be corrected by reinitializing the system on the line where the fault occurs as follows: 1. Set outflow (Col 5) equal to inflow (Col 2). 1 1 1 1 1 1' 1 1 2. Set Stage (Col 4) equivalent to outflow (Col 5), by reference to the stage - discharge function 3. Set Storage (Col 3) equivalent to stage (Col 4), by using the stage -storage function. 4. Restart the routing repeating the reinitialization, if necessary, until the system behaves. If` instability occurs while stage is low in a multiple pipe outlet, it is reasonable to reinitialize where stage is near the top of the pipe. If instability persists to the inflow peak, it indicates that storage is ineffective in the system -- there is no detention effect. This routing procedure is performed in order to confirm that the detention pond is sized to accomplish the intended purpose of reducing the postdevelopment peak discharge to one that is equal to or less than the predevelopment peak discharge. Other routing methods, including commercially available software, may be acceptable provided the Town recognizes them. The test of acceptability is by verification. *Malcom, H. Rooney. 1989. Elements Of Urban Stormwater Design, pp. III-17-III-21. North Carolina State University. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 1 ,U _ Stormwater Management Technical Manual Burgaw, North Carolina February 2000 SECTION I INFILTRATION SYSTEM iThe Town encourages the use of innovative techniques and designs that will help reduce the amount of stormwater runoff getting into drainage ways and streams. These facilities shall be designed for the runoff produced from the 10-year storm. Detailed drawings, substantiating data, calculations, and specifications shall be submitted for designs of this nature. The use of infiltration systems has not been a frequent technique for control of stormwater in the Town; however, minimum standards have been established and are included in this design guide. I.1 Definition An infiltration system is defined as a stormwater management facility that is designed to let stormwater move or infiltrate into the soil. Types of systems shall include but not be limited to infiltration basins, swales, subsurface galleries, and vegetative filters. I.2 Vegetation �^ Refer to Section D.4.2 for minimum vegetative requirements that may apply. I.3 Subsurface Information The minimum distance between the bottom of the infiltration system and the surface of the seasonal high ground water table shall be two feet. Soil types and infiltration rates shall be determined in order to size the infiltration area and assess the feasibility of this type of infiltration system. This information shall be submitted as part of the stormwater permits application package. I.4 Storage Capacity The infiltration system shall be designed to provide storage equivalent to the runoff volume from the 10-year storm. Infiltration systems may be used in combination with other systems to allow the predevelopment runoff rate to the leave the site. I.5 Overflow An emergency outlet or overflow device shall be designed such that in the event of a system failure (i.e., stormwater will not infiltrate) during the 10-year storm, stormwater will be conveyed to an existing drainage way or structure and not damage property. An emergency outlet or overflow device for the 50-year storm shall be provided (i.e., piped system, driveway, overland flow, etc.). Stormwater Management Technical Manual Burgaw, North Carolina February 2000 71 I.6 Access Adequate access shall be provided for inspection and maintenance of the system in the form of cleanouts, grit chambers, and inspection ports, etc. I.7 Materials The following are the minimum requirements for materials used in infiltration systems: Bedding Stone - No- 57 washed stone or manufacturer recommended bedding material. Geotextile Fabric - This fabric should be used to wrap the sides, bottom and top of the stone that surrounds the infiltration structures in order to prevent intrusion by fines. The top should be overlapped a minimum of 12 inches. Material should be manufacturer recommended. Infiltration Chambers - The design should incorporate necessary loads that are to be expected from the area of infiltration /G Stormwater Management Technical Manual Burgaw, North Carolina February 2000 SECTION J CONSTRUCTION STANDARDS IJ.1 Materials for Pipe Collection System In general, when a pipe system is intended to be deeded to the Town for maintenance and ownership, it shall be constructed of reinforced concrete pipe. Collection systems that will remain privately owned may be constructed of corrugated metal, concrete, or other materials. The Town realizes there may be situations where corrugated metal pipe is the better alternative due to height restrictions, etc., such as when arch or elliptical shapes are needed. When the developer prefers to pipe a ditch that requires larger than a 54-inch pipe, corrugated metal pipe may be considered. The :Town shall review and approved these alternatives on a case -by -case basis. Pipe for storm water collection systems shall meet the requirements set forth in the following minimum specifications: J.1.1 Reinforced Concrete Pipe Reinforced concrete pipe shall conform to ASTM C-76, Class III, latest revision. Joint material shall be Butyl Rubber. ' J.1.2 Corrugated Metal Storm Drain Pipe Corrugated steel pipe/pipe arch shall be of an approved gauge and shall be fully ' bituminous coated with a paved invert. For pipe sizes in excess of 60-inch corrugated steel pipe/pipe arch shall be fully bituminous coated and one hundred percent (100%) paved and shall meet the applicable requirements of AASHTO M36. J.1.3 Pipe in Detention/Retention Ponds Pipe used for detention/retention pond outlet structures shall meet the minimum specifications above or shall be aluminum pipe conforming to AASHTO M196 and shall have a gauge thickness determined in accordance with appropriate design standards. 1 73 Stormwater Management Technical Manual ' Burgaw, North Carolina February 2000 J.1.4 Perforated Pipe Perforated metal pipe for use as subdrains shall be a minimum of 6-inch galvanized Helcore pipe or equal. PVC pipe shall be a minimum of 6-inch ASTM D-1785, Schedule 40. Perforated corrugated polyethylene tubing for use as subdrains shall be in conformance with ASTM F-405 and a minimum of 6 inches in diameter. J.1.5 Alternative Pipe Materials Other pipe materials may be considered on a case -by -case basis and shall be approved by the ;Town before use. J.1.6 Precast Concrete Manholes Precast concrete manholes shall be minimum 4'0" inside diameter, and shall have a monolithic extended concrete base. Manhole shall have minimum 5-inch wall thickness and be constructed of four thousand (4,000) psi concrete. Manholes with diameters greater than 4'0" are not required to have extended bases. All precast manholes must have 12" of stone bedding. Inverts shall be formed to provide a definite channel of flow through the structure. All manholes shall have steps cast in the walls in accordance with J.1.8. J.1.7 Brick for Manholes and Catch Basins Brick for manholes and catch basins shall be whole, solid, uniform concrete or clay brick, with straight, even faces free of injurious defects. J.1.8 Storm Drain Manhole Steps Steps shall meet the requirements of AASHTO M199 for design, materials, and dimensions. Steps shall be incorporated in all drainage structures over Y-6 inches in height. The lowest step shall be no more than 16 inches from the bottom. J.1.9 Gray Iron Castings Gray iron castings used for manhole frames and covers and inlet frames, grates and covers shall conform to the requirements for Gray Iron Castings of the American Society of Testing Materials (ASTM). The castings shall be true to pattern and free from cracks, gas holes, flaws and other defects. All surfaces shall be thoroughly coated with spray asphalt coating containing no asbestos material. If, during handling of castings, the coating is damaged, it shall be re coated to provide a complete covering. Material shall be an asphaltic solution with no asbestos. Surface shall be smooth and free from runners, fins, and other cast -on pieces. 74 Stormwater Management Technical Manual Burgaw, North Carolina February 2000 I J.2 Installation J.2.1 Bedding Excavation for storm drainage pipe shall be to the lines and grades as shown on the plans. The bedding shall provide a firm foundation of uniform density along the entire length of pipe. Recesses shall be made to accommodate bells and joints. Where unstable soils are encountered, a minimum 6-inch thick bedding of stone shall be used. The stone shall be uniformly graded from 3/a inch to No. 4 in accordance with ASTM C-33. Care shall be taken to prevent undercutting in suitable soil. Areas undercut shall be filled with suitable soil and compacted to 95% of maximum density at optimum moisture content as determined by ASTM D 1557 Standard Test Method. J.2.2 Laying and Joints Storm drainpipe shall be laid to the line and grade as shown on the approved plans. ' Joints shall be as recommended by the pipe manufacturer. Joints shall be sealed tightly to assure prevention of infiltration of groundwater, soil, and other undesirable material. J.2.3 Backfill Backfill for storm drain pipe and appurtenances shall be free from all perishable and — objectionable material including all rubbish, forms, blocks, etc. Backfill shall be placed around and above the pipe and solidly tamped to prevent movement of the pipe. Backfill shall then be placed and compacted to 95 percent as determined by ASTM D 1557 Standard Test Method in layers not to exceed 12 inches. J.2.4 Manholes ' a. Brick manholes shall be constructed of good hard burned brick laid in with cement mortar. All brick, when set, shall be pushed to firm seating in mortar and all joints well filled and spaded. All inlet and outlet pipes shall be placed prior to building the manhole walls and care shall be taken to ensure a tight joint around such pipe where it passes through the walls. Manholes shall be plastered with cement mortar on the outside to a thickness of 3/4 of an inch: The base of the catch basins shall have a minimum thickness of 6 inches of Class A concrete and have 6-inch extended sides b. Precast manholes shall be installed as per the manufacturer's recommendations. Manholes shall be set with 6-inch extended bases and a minimum 12-inch stone bedding. The tops shall be set to grade using a maximum of two 6-inch adjustment rings and casting. When pipe is laid into manholes, a watertight seal shall be provided at the opening using concrete grout. a Stormwater Management Technical Manual 7 5 Burgaw, North Carolina February 2000 J.2.5 Catch Basins I a. Brick catch basins shall be constructed of good hard burned brick laid in with cement mortar. All brick, when set, shall be pushed to a firm seating in mortar and all joints well filled and spaded. All catch basins shall be of the open throat type unless otherwise permitted. The base of the catch basins shall have a minimum thickness of 6 inches of Class A concrete and have 6 inch extended sides. All pipes shall be placed on the concrete base prior to beginning brickwork. The brickwork shall be brought up snugly around the pipes such that a tight connection is obtained. Catch basins shall be plastered with cement mortar on the outside to a thickness of 3/4 of an inch. b. Precast catch basins shall be installed per the manufacturer's recommendations. Precast catch basins shall be sized properly to receive the approved inlet castings. Field adjustments to accommodate the approved inlet casting will not be allowed. A 6-inch thick concrete base with 6-inch extended sides shall be constructed with a smooth level surface. The precast basin shall be carefully placed on the clean surface at specified grades. Openings between wall and pipe shall be sealed with hydraulic cement to ensure a leak - free basin. , J.2.6 Detention/Retention Outlet Systems Outlet structures for detention/retention facilities shall be provided with suitable foundation and support. Pipe systems shall be bedded as required or other suitable support provided. Outlet structures shall be properly anchored to prevent flotation. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 I SECTION K I MAINTENANCE 1 K.1 Responsibility In order for the stormwater management system to work properly at all times, it will be necessary to maintain all elements of the system. A system includes open channels, catch basins, pipes, ponds, outlet controls, etc. It is especially important to maintain vegetative lined systems and silt or debris retaining devices. The `Town will not maintain privately owned detention/retention systems. Approval and designation of a system as "private" requires that the owner maintain the system so that the intended function of the system is unimpaired. In order for the Town of..Burgaw to ensure an acceptable level of maintenance of the private facilities, the following will be required to obtain approval. iK.1.1 Acceptable Entities An acceptable entity shall be responsible for maintenance of the stormwater management system. The Town of Buigaw considers the following entities acceptable: 1 a. Governmental Utilities and Private Corporations. If the entity is a governmental unit or private corporation, written proof shall be supplied in an appropriate form stating that the entity will operate and maintain the facilities. b. Non-profit corporations including homeowners associations, property owners associations, condominium associations or associations of unit owners. The property owner or developer, as applicant for site plan or subdivision plat approval, is normally not acceptable as a responsible entity, especially when the property is to be sold to various third parties. However, the property owner may be acceptable if the property will be retained by the owner and will be rented, leased, or operated by the owner. The property owner shall supply evidence acceptable to the :Toivh Aff&ney that he will operate and maintain the facilities. K.1.2 Powers If a homeowner's association, property owners association, or association of unit owners is proposed for maintenance of the facilities, the applicant shall submit draft Articles of Incorporation, Declarations of Protective Covenants, Deed Restrictions, Declarations of Unit Ownership or By-laws. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 77 The Association shall have the general power to: • Own and convey property • Operate and maintain common property • Establish rules and regulations • Assess members and enforce said assessments • Sue and be sued • Contract for services to provide operation and maintenance • All lot owners, all home owners or unit owners shall be members of the Association; and • The Association shall exist in perpetuity. K.1.3 Claims of Maintenance The Articles of incorporation, Declaration of Protective Covenants, Deed Restrictions, Declaration of Unit Ownership or By-laws shall set forth the following: a. That it is the responsibility of the Association to operate and maintain that portion of the stormwater management system not maintained by the Town. A description specifying the areas of responsibility shall be included. These areas also shall be indicated on the subdivision plat or on the site plan on non -subdivision projects. b. A maintenance plan with schedules and work generally following the minimum guidelines provided in this section. C. A statement that those areas to be maintained by the Association are owned by the Association or that they are common areas or common property. d. The method of assessment and collection for operation and maintenance costs of the stormwater management system. e. The Declaration of Covenants to be in effect for a minimum of 25 years with provision for renewal in accordance with law. KJA Phasing Development If a property owner's association or association of unit owners is proposed for a development that will be constructed in phases or that will be added to in the future, the organization shall be created with the ability to accept future phases into the organization in order to ensure the continued operation and maintenance of the stormwater management system for the development. a Stormwater Management Technical Manual Burgaw, North Carolina February 2000 11 11 I K.2 Operation and Maintenance for Stormwater Detention/Retention Facilities K.2.1 General Stormwater runoff is normally collected by a system of open channels and/or a piped collection system in developed areas and by sheet flow and swales in landscaped areas. For the system to operate in the correct manner, periodic maintenance will be required. ' K.2.2 Maintenance As a minimum the following maintenance items shall be performed: a. Detention Pond • Grassing around any detention/retention facility shall be maintained to ' prevent the erosion of these areas. The areas shall be periodically mowed to maintain the aesthetic quality of the site and to prevent a reduction in capacity of the stormwater system. Grass on slopes should not exceed a height of 15 inches. ' • Open ditches shall be kept free of undesirable growth and mowed or maintained to the design cross-section and area as shown on the Stormwater Management Plan approved by the Town and on file in the office of the Public Works Director. Growth on the slopes and bottom should not exceed a height of 8 inches. • Landscaping of the area around the detention/retention facilities shall not reduce the capacity or hinder operation and maintenance of the stormwater system. • The facility shall be routinely checked and cleared of all accumulation of debris, and the detention/retention facility outlet structure cleared of any blockage that is present. • Storm drainage pipes and culverts shall be periodically inspected for debri s and sand build-up. They shall be cleaned as necessary to provide for the free conveyance of stormwater as designed. • The detention/retention facility shall be maintained at the design depth as shown on the Stormwater Management Plan approved by the Town and on file in the Public Works office. The pond shall be inspected on a regular basis but not less than every six months. Debris and sedimentation shall be removed if. (1) the primary outlet capacity is impaired; and/or; (2) the depth of the facility is more than one foot above the original facility depth or facility volume is reduced by 25% of the design impoundment volume. • Landscaping shall be maintained to ensure that landscape materials live and prosper. Stormwater Management Technical Manual Burgaw, North Carolina February 2000 79 b. Oversized Pipe • The pipe shall be routinely checked for and cleared of all accumulation of debris and the detention facility outlet structure cleared of any blockage. • Storm drainage pipes and structures shall be periodically inspected for debris and sediment build-up. They shall be cleaned as necessary to provide for the conveyance of stormwater as designed. • The pipes installed to provide detention shall be kept free of sediment build-up. The detention facility shall be maintained in accordance with the Stormwater Management Plan approved by the "Town and on file in the office of Puib'/ic_W&ks. The pipe shall be inspected on a regular basis but not less than every six months. Debris and sedimentation shall be removed if. (1) The storage volume is reduced by 25% or more, and/or; (2) The sediment and/or debris restricts the free flow of stormwater. C. Infiltration System • The system shall be routinely checked for and cleared of all accumulation of debris and the detention facility outlet structure cleared of any blockage. • Storm drainage pipes and structures shall be periodically inspected for debris and sediment build-up. They shall be cleaned as necessary to provide for the conveyance of stormwater as designed. 0 The pipes and stone installed to provide infiltration shall be kept free of sediment build-up. The infiltration system shall be maintained in accordance with the Stormwater Management Plan approved by the Town and on file in the office of Public Woks. The pipe shall be inspected on a regular basis but not less than every six months. Debris and sedimentation shall be removed if. (1) The infiltration capacity is impaired and/or; (2) The sediment and/or debris restricts the free flow of stormwater into the infiltration system and surrounding soils. • The infiltration system shall be removed and replaced with new material when the system no longer permits the stormwater to freely infiltrate into the surrounding soils ov Stormwater Management Technical Manual Burgaw, North Carolina February 2000 1 Attachment Stormwater Management Technical Manual Burgaw, North Carolina February 2000 The Town of Burgaw ' Requirements Checklist ' Application Form Application Fee Stormwater Management Plan Plan Title Block Development Name Owner ' Design Firm Authorized Registered, Professional's Seal, Signature & Date Legend North Arrow Vicinity Map Scale Sheet Number Date Revision Numbers and Dates Street Address of Building(s) Onsite ' Topographical Features Original Contours at Not More Than 2-foot Intervals Existing Drainage Components (stream, ponds, watersheds, etc.) Property Boundary Lines ' Existing Streets, Buildings, Utilities, etc. 100-year Flood Line, Floodway and Building Setbacks Offsite Drainage Entering the Site (If so, make note on plans) ' Where City/County Topographic Maps are Used, Sufficient Checks Provided Soil Type Wetlands Wooded Area & Tree Groups Site Plan Existing & Proposed Structures, Roads, Buildings, Paved Areas, etc. Ex. & Prop. Stormwater Management System & Components include Pipe Sizes, Lengths, Inverts and Slopes (Provide a table for proposed pipes) Connection to Existing System Swale Information includes. Location, Size, Grade, Cross Section, etc. Proposed Erosion Control Measures Existing and Proposed Contours Typical Street Cross Section Typical Driveway Detail Typical Construction Entrance Detail Total Impervious Area in Square Feet (Existing & Planned) ' Soil Types Work Limits& Areas to Remain Undisturbed Including Square Footage to be Disturbed ' Wetlands Wooded Areas and Tree Groups `''= Finish Floor Elevations Provide Copy of Drainage Plan With Different Drainage Areas Distinguishable From Each Other (for each Catch Basin or Inlet, Delineate its watershed) (can be a red line) Certifications Designers Owners Design Calculations Piped Systems Design for 10-year Storm Pipe Required for Streams, Ditches, Channels, etc. Minimum Velocity for Pipe Segments is 2.5 FPS Minimum Cover for Pipe is 2 ft Measured from TOP of Pipe to Bottom of Base Course Maximum Manhole Spacing is 400 ft for All Pipes Less Than 60 Inches Headwalls or Flared End Sections Required at all Inlets and Exits of Piped Systems Energy Dissipaters Designed for 10-year Storm Provide Detail of Standard Catch Basin, Drop Inlet, and Manhole (Check cover requirements depending on Pipe Size) For Piped Systems where Tailwater Conditions Exist, Calculations Should be Provided Open Channels Design for 10-Year Storm Side Slopes Shall be 3 to I or Flatter Alternate Linings MAY be Permitted, Submittals Required Easements Required for Public Dedication Check Velocity for Proposed Lining Temporarily Required if Velocity exceeds 2 fps for Vegetative Channels Detention & Wet Retention Facilities Strong effort to make the facility an amenity to the project Design for 10-year Storm Watershed is 1 Acre or more Plan showing entire Watershed with Sufficient Detail to Confirm Limits Detailed Calculations for Predevelopment & Post - development discharges Detail Calculations of Stage -storage to include Graph or Table Detail Calculations of Stage -discharge, include Graph or Table Detail Computations of Routing Showing at least Time, Storage, Stage, Discharge Emergency Spillway Calculations & Design Date for the 50-year storm Energy Dissipaters Design Data and Calculations. for 10-year Storms Watershed is Less Than 1 Acre Plan Showing Entire Watershed With Sufficient Detail to Confirm Limits Detailed Calculations for Pre -development & Post - Development Discharges Calculations of Available Storage & Outlet Structure Hydraulics necessary to show that Post -development Runoff will not exceed Pre -development Discharge EmergencySpillway Calculations & Design Date for the P Y g 50-Year Storm Energy Dissipaters Design Data and Calculations for 10-Year Storms Slopes for Vegetative Banks shall be 3 to i or Flatter Vegetative Cover Type shall be Noted and Approved by Town Riser (if used) Riser shall be Minimum of 12 inches Pipe shall be Minimum of 12 inches Trash Rack Required Other Utilities shall be a Minimum of 5 feet from Basin Landscaping Zone Less than or Equal to 0.5 acres = 5 f t Minimum Zone Greater than 0.5 acres = 10 ft Minimum Zone Must be Approved by Town ' Access Zone, Minimum Zone of 10 feet, Cannot be Landscaping Zone Fencing: not Required, Optional for Private Facilities Must Mdet NCDENR Requirements if Applicable Infiltration Systems ' Plan Showing Entire Watershed & How Offsite Drainage Will Be Handled Detailed Calculations of Predevelopment & Postdevelopment Runoff for 10-year Storm Certified Engineer's Report on Soils & the Permeability Rate of the Soils Calculations for Sizing the Infiltration System and Required Storage Provide an Emergency Spillway (Outlet) for the 50-Year Storm Soil Types & Ground Water Level ALL Required Easements with Recording Fees ' Stormwater Management Maintenance Agreement with Recording Fee Current Title Opinion Subordination Agreement Copies of Plans & Calculations as Needed