Environmental Constraints Analysis-

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SWANSBORO, NORTH CAROLINA
ENVIRONMENTAL CONSTRAINTS
ANALYSIS
PREPARED FOR
THE TOWN OF SWANSBORO
BOARD OF COMMISSIONERS
W. E. Russell
Mayor
Joan C. Deaton
Leland Ziegler
Mary Ellen Yanich
PLANNING ASSISTANCE PROVIDED BY
Ragsdale Consultants, P.A.
Smithfield, NC
Julie A. Shambaugh
ASLA, AICP
Newport, NC
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The preparation of this document was financed in part throyg'h a
grant provided by the North Carolina Coastal Managemer,'c Program,
through funds provided by the Coastal Zone lvlan,ugement Act of 1972,
as amended, which is administered by the Office of Ocean and Coastal
Resources Management, !4'aillonai Oceanic and Atmospheric Administra-
tion.
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RAGSDALE CONSULTANTS, P.A.
ENGINEERING • LANDSCAPE ARCHITECTURE
SURVEYING • RHOTOGRAMMETRY
SMITHFIELD, LILLINGTON, AND RALEIGH, NORTH CAROLINA

SWANSBORO, NORTH CAROLINA
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ENVIRONMENTAL CONSTRAINTS
• ANALYSIS
Table of Contents
I. Introduction ........................•••••.......••• 1-1
• II. Topography ....................................... 2-3
III. Environmental Constraints ......................... 4-8
IV. Growth Management Strategies ....... 9-13
• V. Conclusions ........................................ 14-14
Appendix A - Model Local Ordinance
Appendix B - Model Stormwater Runoff Control Ordinance
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I. INTRODUCTION
One of the basic tools needed by local governments to plan for
future community growth is adequate information upon which to base
decisions.. This Coastal Area Management Act (CAMA) planning grant
project provides the Town of Swansboro with a set of topographic
and environmental constraints maps, which are essential tools for
planning its future.
Both sets of maps cover all of Swansboro including its extrater-
ritorial planning jurisdiction (ETJ). The topographic maps identify
elevations above sea level; the environmental constraints maps identify
the location of naturally occurring roadblocks to development such as
floodplains and hydric soils commonly associated with wetlands.
Landowners, elected and appointed officials as well as local
government regulatory officials need to have a basic understanding of
topography and environmental constraints for a variety of reasons as
set forth below:
Landowners: To avoid unwise investments; minimize construc-
tion costs; comply with development regulations; construct environ-
mentally sound, functional and attractive projects.
Elected or Appointed Officials: To make regulatory and permit
decisions that will benefit long-term environmental quality and protect
public health, safety, and welfare.
Local Government Regulatory Officials: To make daily permit
and inspection decisions affecting private property and public health,
safety and welfare; plan for long-term community growth that will
protect environmental quality and public health, safety and welfare.
Additionally this report describes growth management alterna-
tives that local government decision -makers can adopt to provide an
added layer of protection to coastal resources. Model ordinances are
provided which the Town of Swansboro Board of Commissioners may
want to consider for adoption. Through the adoption of such or-
dinances, some of the adverse environmental impacts routinely caused
by development can be minimized.
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II. TOPOGRAPHY
Product
A set of twenty mylar maps illustrating the topography in the
Swansboro planning jurisdiction have been produced through this
CAMA planning grant project. The maps are at a scale of 1"=100' and
overlay 2' contour intervals on 1986 aerial photography flown by
Landmark Engineers for Onslow County.
Analysis
An understanding of an area's natural landforms or topography
is essential to minimize adverse environmental impacts associated with
development. Topographic maps assist in the evaluation of develop-
ment proposals by providing the following types of information:
Percentage Slope of Land
By measuring the distance between contour intervals on
topographic maps, the steepness or the slope of a piece of property
can be determined. Slopes from zero to twelve percent are relatively
easy to develop. Construction on slopes greater than twelve percent
can result in problems both during and after construction. Erosion
and soil stabilization are primary environmental concerns when work-
ing with steeper slopes.
• Natural Drainage Patterns
Gravity carries rainwater from high points to low points along natural
drainage patterns that are easily identified on topographic maps. In propos-
ing land development, natural drainage patterns should be protected by
vegetated buffers and should be integrated into the design of the project.
Failure to maintain natural drainage ways accelerates erosion, destroys vegeta-
tion and in some instances undermines building foundations. Increased con-
struction results in more stormwater runoff draining into streams and rivers
during storm events. This in turn may cause stream bank erosion or flooding.
Sanitary Sewer Implications
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If sanitary sewer service is to be provided to a piece of property,
topographic information is essential. Topographic maps show the relative
elevations of property and when reviewed together with maps depicting the
sanitary sewer collection system, the ease or difficulty in providing sanitary
sewage to a piece of property can be evaluated. Local governments can use
the provision of sanitary sewer service as a growth management tool for
directing the location of higher density residential and commercial develop-
ment.
Stormwater Drainage Implications
Naturally occurring topography is altered in the land development
process. Preparing a grading plan prior to development can fit the project to
the natural topography of the site. The main objective in preparing such a
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plan is to provide for drainage around buildings and off paved areas while at
the same time minimizing land disturbing activities. Environmentally, it is best
to slow down stormwater runoff and let it absorb into vegetated buffers on
the parcel that is being developed before running into streams and rivers.
• By slowing down stormwater runoff, water quality can be maintained and
destructive erosion can be minimized.
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III. ENVIRONMENTAL CONSTRAINTS
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Product
A set of sixteen sepia maps illustrating the location of environmental
constraints to development in the Swansboro planning jurisdiction have also
been produced through this CAMA planning grant project. Reduced copies of
these maps are located in Appendix C of this report.
The sepia maps are copies of the sixteen topographic maps and illustrate
the location of the 100-year floodplain, hydric soils, and estuarine shoreline
and coastal wetland areas of environmental concern (AECs). It should be
noted that hydric soils are one of the three indicators of wetlands; the scope
of this project did not permit detailed field investigation of the Swansboro
planning jurisdiction to determine exact locations of wetlands. It is, however,
fair to say that hydric soil locations do have development limitations.
Analysis
An understanding of an area's environmental constraints is also neces-
sary to minimize adverse environmental impacts associated with development.
Environmental constraints maps assist in the evaluation of development
proposals by providing the following valuable information.
• Floodplains
Floodplains are naturally occurring low-lying areas along streams,
rivers, sounds, etc. These areas are frequently inundated in times of flood
but may remain dry in the many intervening years. Because of the long-term
flood risk, property in these areas is often fairly inexpensive and is fre-
quently developed or filled in to facilitate development. When floods do occur,
development in floodplains is at risk. Obstructions in floodplains cause in-
creased flood elevations and velocities resulting in loss of life and property,
health and safety hazards, disruption of commerce and governmental services,
impairment of the tax base and public expenditures for flood relief.
• The federal government first became involved in the regulation of
development in floodplains with the passage of the National Flood Insurance
Act of 1968. Since then, the federal government has made available flood in-
surance within those communities that have agreed to adopt floodplain manage-
ment ordinances to reduce future flood risks to new construction in special
flood hazard areas.
The Town of Swansboro adopted the National Flood Insurance Program's
Flood Damage Prevention Ordinance in 1987. The general purpose of the or-
dinance is to promote the public health, safety, and general welfare and mini-
mize public and private losses due to flooding. Key provisions of the or-
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dinance require structures to be protected against future flood damage at the
• time of construction; control the alteration of natural floodplains, stream chan-
ne►s and natural protective barriers involved in accommodating flood waters;
control filling, grading, dredging and other development which may increase
erosion or -flood damage; and regulate the construction of flood barriers which
may increase flood hazards.
The National Flood Insurance Program also provides Flood Insurance
Rate Maps (FIRM) designating various flood hazard areas. Zone V on the map
refers to coastal high hazard areas subject to wave damage; Zone A refers to
areas subject to inundation by the 100-year flood; and Zone B refers to areas
subject to inundation by the 500-year flood. The 100-year flood refers to a
flood level with a 1 percent or greater chance of being equaled or exceeded in
• any given year. A 500-year flood refers to a .5 percent or greater chance of
being equaled or exceeded in any given year; this is a moderate or minimal
hazard from flood.
Swansboro's ordinance designates the building inspector to be respon-
sible for administering the ordinance's provisions regulating the construction
of buildings in designated flood hazard areas. The building inspector uses
FIRMs to identify the location of a property in relation to the 100-year flood
zone. In Swansboro, the 100-year flood zone is located landward of the White
Oak River including much of the downtown commercial area; along tributary
creeks including low -density residential~ developments and undeveloped tracts;
and in low-lying inland undeveloped areas.
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In administering the ordinance, the building inspector approves applica-
tions for development that meet the requirements of the ordinance. Any
structure proposed in Zone A, the 100-year flood, must be elevated at least 2
feet above the highest adjacent grade or be floodproofed. If alteration of a
watercourse is proposed, the applicant must provide an engineering report on
the effect of the proposed project on the flood -carrying capacity of the
watercourse and on upstream and downstream properties.
Violation of the ordinance constitutes a misdemeanor conviction which
may result in a $50 fine, 30 day imprisonment or both for each day the viola-
tion continues. Provisions for variances are available through the Town of
• Swansboro Board of Adjustment.
Proper floodplain management can protect citizens against much of the
devastating financial loss resulting from future flood disasters. More careful
local management of development in the floodplains results in construction
practices that can reduce flood loss and the high costs associated with flood
• disasters to all levels of government.
For more information, contact the North Carolina coordinating agency for
Flood Insurance:
N.C. Department of Crime Control and Public Safety
• Division of Emergency Management
116 West Jones Street
Raleigh, NC 27611
[phone]
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• Wetlands
All wetlands are periodically wet and are typically &pund along rivers,
_ lakes and estuaries, isolated depressions or along surface" water drainageways.
The U.S. Army Corps of Engineers and the U.S. Environmental Protection
Agency have defined wetlands as follows:
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"Those areas that are inundated or saturated by
surface or ground water at a frequency and duration
sufficient to support, -and that under normal
circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
•, Wetlands generally include swamps, marshes, bogs and
similar areas.
Wetlands serve numerous valuable natural functions. They as
groundwater recharge areas, provide a non-structural means of flood control,
and act as a trap for sediments, pesticides and other pollutants carried by
• stormwater runoff. Along the shoreline, they serve as a buffer to shoreline
erosion and also provide a buffer between upland development and estuarine
habitats. Finally, they provide food and shelter for wildlife and waterfowl.
The U.S. Army Corps of Engineers regulates development in wetlands.
In identifying wetlands, the Corps uses three characteristic indicators:
• vegetation, soil and hydrology.
Hydrophytic Vegetation: This type of vegetation is defined as plant life
growing in water or on a substrate that is at least periodically deficient in
oxygen (anaerobic) as a result of excessive water content. There are at least
5,000 plant types that may occur in wetlands in the United States. Indicators
of wetland trees include a shallow root system, swollen trunk (tupelo gum),
and roots growing above the ground (bald cypress knees). In the Swansboro
area, vegetation associated with wetlands includes sweetgum, willows, cotton-
wood, poplar, water oak, tupelo gum, saw palmetto, and cord grass to name a
few.
• Hydric Soils: The U.S. Department of Agriculture Soil Conservation
Service has identified hydric soils in Onslow County. Hydric soils, in an un-
drained condition, are saturated, flooded or ponded during the growing season
and develop anaerobic conditions that favor the growth and regeneration of
hydrophytic vegetation. According to the U.S. Army Corps of Engineers, if a
soil is listed as hydric, the area might be a wetland. In Swansboro, there are
• six hydric soil types that may be associated with wetlands; they are located
primarily along creeks and streams and in some isolated locations along the
White Oak River. These soils are typified by flood susceptibility and wet-
ness. They are generally unsuitable for septic tanks and present other
development limitations.
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Wetland Hydrology: This term refers to the permanent or periodic inun-
dation or saturation of soil for a significant period of time (usually a week or
more) during the growing season. Factors influencing t1V wetness of a site
include precipitation, stratigraphy, topography, soil permeability, and plant
cover. A field check of the site can determine many of these features. Field
indicators include standing or flowing water for 7 or more consecutive days
during the growing season; water-logged soil; drift lines of debris or water
marks on trees or other erect objects; and sediment deposition.
In Swansboro, there is a strong likelihood that wetlands are located
along the shorelines of the White Oak River and tributary creeks as well as
along floodplains and in hydric soils locations. If you intend to develop in an
area that may be a wetland, contact the U.S. Army Corps of Engineers. Viola-
tions of wetland regulations can result in fines, restoration costs and im-
prisonment.
For more information, contact the U.S. Army Corps of Engineers at the
following address:
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
[phone]
Additionally, a recent report has been prepared by the American Plan-
ning Association describing a model zoning ordinance for the protection of
wetlands. This document, "Protecting Nontidal Wetlands", may be of interest
to the town and is available from the APA Planners Bookstore, 1313 East 60th
St., Chicago, IL 60637.
Areas of Environmental Concern
The Division of Coastal Management (DCM) regulates development in areas
of environmental concern (AECs) for the protection of designated resource
areas of statewide concern. Two mainland AECs are located in Swansboro's
planning jurisdiction. They are the estuarine shoreline and coastal wetland
AECs.
Estuarine Shoreline AEC: This AEC consists of a 75 foot strip of land
parallel to and landward of the mean high water level along all estuarine
waters. Regulation of development in this area is important because it has a
direct effect on the quality of adjacent estuarine waters and habitats. The
DCM has established development standards that are designed to minimize the
effects of development on the natural function of the estuarine system and to
recognize the dynamic nature of the estuarine shoreline AEC.
Key provisions require that: 1) development not cause significant damage
to estuarine resources nor interfere with public access or use of navigable
• waters or public resources; 2) development must comply with the local land
use plan (policies and land classification map); 3) impervious surfaces must be
limited to 30% of the lot area within the AEC; and 4) development meet stan-
dards of the N.C. Sedimentation and Pollution Control Act of 1973 and the En-
vironmental Management Commission's (EMC's) stormwater management rules.
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Coastal Wetland AEC: This AEC refers to the areas of marsh grass
vegetation located along estuarine shorelines which are affected by regular or
occasional tidal action by wind or lunar tides. Coastal wetlands include
smooth cord grass, black needlerush, giant cord grass and saw grass to name
a few. They serve as a link in the estuarine food chain for shellfish, water-
fowl and wildlife. They also act as a barrier against flood damage and coastal
erosion and as a trap for pollutants, nutrients and sediments from upland
runoff. a
General use standards have been specified for development in coastal
. wetland AECs. The standards are designed to protect the natural productivity
and continued use of these resources. Key provisions require that: 1) only
"water -dependent" uses be permitted (such as docks, piers and bulkheads);
2) the location, design and construction of a project give highest
priority to the conservation of coastal wetlands; 3) the site and design of a
project cause the least possible damage to the productivity and integrity of
coastal wetlands; and 4) the project must not violate the water quality stan-
0 dards of the EMC.
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For more information, contact the N. C. Division of Coastal Management at
the following address:
N. C. Division of Coastal Management
P.O. Box 769
Morehead City, NC 28557
[phone]
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IV. GROWTH MANAGEMENT STRATEGIES
Numerous federal and state agencies regulate various aspects of
development in Swansboro's planning jurisdiction. In summary, flood hazards
are regulated by Federal Emergency Management Administration through the
local building inspector; wetlands are regulated by the U:S. Army Corps of
Engineers; coastal development is regulated by the N.C. Division of Coastal
Management; stormwater runoff is regulated by the N.C. Division of Environ-
mental Management (for projects involving more than 1 acre of land disturbing
activity); sedimentation and erosion control is regulated by the N.C. Division of
Land Quality (for projects involving more than 1 acre of land disturbing
activity); and septic tank locations are regulated by the N.C. Division of Health
Services through the county health department. It must be emphasized that
federal and state regulations address concerns of national or state importance
and do not necessarily address issues facing local governments.
This chapter reviews some of the growth management alternatives avail-
able to the Town of Swansboro. Local governments can adopt a number of
growth management tools to provide an added layer of protection to their com-
munities. Increasingly, local governments throughout the state and par-
• ticulary in the coastal area are adopting additional growth management or-
dinances to maintain a high quality of land use in their communities. It is
also important to note that developers are increasingly recognizing the value
of planning with the features of the property to minimize development costs
and maximize the attractiveness of the project to current town citizens and
board members as well as prospective property buyers.
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Post Hurricane or Storm Reconstruction Plan
Hurricane Hazel damaged numerous structures along Swansboro's
waterfront in the mid 1950's. Since that time, there has been much develop-
ment along the White Oak River and new federal and state laws have been
enacted that would apply to these low-lying waterfront properties should they
need to be redeveloped as a result of a hurricane.
By preparing a post -hurricane reconstruction plan, waterfront property
owners would know in advance what regulations apply to their properties
should they be damaged or destroyed. Such a plan would promote the
• reconstruction of low-lying areas in a manner that would minimize future
potential public or private financial losses caused by hurricane or storm
damage. The town could also coordinate building inspection responsibilities
with other nearby local governments through such a plan and could create a
program for the purchase of parcels that may have sustained severe loss if
they could be used beneficially for a public purpose such as open space,
parking or recreation needs. Furthermore, the plan might address flood
proofing of public infrastructure such as sanitary sewer lift stations should
they be damaged during storm floods.
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Environmental Constraints Review
The Swansboro Zoning Ordinance does not currently require Planning
Board or Town Board approval of large scale projects that are not to be sub-
divided. Such projects might include multi -acre shopping centers, school
sites, mobile home parks and apartment complexes all of Ahich remain under
single ownership. If site plan review were required of such plans, it would
be an excellent opportunity for the developer to prepare for town review an
environmental constraints map of the property under consideration. Similarly,
during the subdivision review process, a developer could also be required to
prepare an environmental constraints map.
Such a map could illustrate the following information:
-slopes exceeding 12%;
-natural drainage patterns and drainage ways;
-hydric soils and designated wetland areas;
-floodplains; and
-CAMA jurisdiction, if any.
A new section would need to be created in the zoning ordinance to
provide for this type of review of site plans, but the provision could easily
be incorporated in Section 5 of Article II and Section 2 of Article III of the
Subdivision Ordinance. This would allow town officials, staff and consultants
to review the adequacy of a development proposal in view of the environmen-
tal constraints present on the property. It would also give the developer an
opportunity to avoid frequent problems encountered by improperly locating
development in such areas. By preparing such a plan, the accompanying
grading plan and site layout plan (showing the location of buildings, drainage
features, roads, lots and open space corridors) could be tied to the features
of the site in a logical fashion.
Zoning Ordinance
In 1988, a growth management study was prepared for the Town of
Swansboro by the University of North Carolina Department of City and
Regional Planning. One of the recommendations of the study was to establish
a 1000-foot wide zoning district along the shoreline of all waters classified SA,
primarily those north of the causeway, and permit one dwelling unit per five
acres in such a zone. Another recommendation of the study was to establish a
1000-foot wide zoning district along the shoreline of all waters classified SB or
SC, practically all remaining waters, and permit either one dwelling unit per
two acres or one dwelling unit per half -acre where properly engineered
stormwater control structures are installed and routinely maintained. The
Town of Swansboro may want to consider revising the zoning ordinance to
create these two new residential zoning districts.
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• Additionally, the town may want to consider increasing the setback from
creeks and rivers to a residence. By doing so, stormwater runoff would filter
into a greater quantity of vegetated area before making:hs way to the water.
This would decrease the pollutant load entering the water from stormwater
runoff generated by adjacent residential areas.
• Current rear yard setbacks and proposed waterfront setbacks
(applicable only to waterfront lots) are listed below. It is assumed that the
existing rear yard setback is measured from a residence to the mean high
water line for waterfront lots. The existing rear setback would remain the
same for all other lots; but the proposed waterfront setback would apply to
waterfront lots in order to maintain current water quality levels. In several
locations in Swansboro's planning jurisdiction, existing residential units may
already be setback as much as 50' from the waterfront.
Zoning District Existing Rear Proposed Waterfront
Setback Setback
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RA 30, 50'
R-40 30' 50,
R-20 20' 50,
R-10 15' 50'
R-8 15' 50'
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R-6 15' 50,
M H S 10, 50,
M H P 10, 50,
PRD (subdivision) 15' 50,
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The town might also want to establish a stream or creek buffer require-
ment in its zoning ordinance. Developers could be required to leave a mini-
mum 50' undisturbed buffer (25' on either side of a creek bed). This area
would likely include floodplains and wetlands that have limited development
potential.
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Additionally, the town might want to consider establishing a setback re-
quirement for parking lots from the waterfront. Presently, there is no town
setback requirement for parking lots, only the CAMA requirement that no more
than 30% of the 75' AEC area be covered by impervious surfaces. The town
might want to consider a setback of 30' or more to promote water quality
enhancement and to improve the appearance of the waterfront.
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Finally, the town might want to include the use of paver blocks among
the list of suitable permitted paving materials in its zoning ordinance. The
town could encourage the use of paver blocks such as Turfstone as a paving
material for parking spaces, overflow parking areas or other low intensity
vehicular areas. Paver blocks allow grass to grow through openings in the
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block and to a certain extent increase stormwater runoff infiltration.
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Subdivision Ordinance
Lot Sizes: Section 3.05 of Article II of the Subdivision Ordinance
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provides that the zoning officer may reduce the front yard setback to 10 feet
of any waterfront lot but only to the point where a practical, reasonable use
is allowed. The town's subdivision ordinance was modeled -lifter Onslow
County's which applies only to the barrier island beach. Furthermore, Onslow
County does not have a zoning ordinance and many of the subdivision or-
dinance requirements may be more properly located and referenced in the
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zoning ordinance. It may be that this provision in particular is intended to
apply to eroded oceanfront lots, a common occurrence on barrier island, and
may not be appropriate for mainland subdivisions. It is recommended that the
planning board and town board review this and other sections of the subdivi-
sion ordinance to determine if there are any large parcels to which this
provision could apply. If not, the subdivision ordinance should be amended to
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delete unnecessary sections and include a reference to lot sizes and setbacks
specified in the zoning ordinance. Any proposed subdivision would be re-
quired to maintain minimum lot sizes within the zoning district in which it is
proposed. Furthermore, the board of adjustment, upon request, can already
vary ordinance requirements (such as setbacks), and the town board may want
to keep this authority and discretion for the board of adjustment rather than
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delegate it the zoning officer.
Buffers: Section 4.02 of Article II and Section 4.03 of Article III (PRD)
of the subdivision ordinance specify minimum buffering requirements. The
town board may want to consider requiring a buffer strip along streams and
creeks and between highground development and estuarine waters. It is
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recommended that a minimum 50' undisturbed buffer (25' on either side of a
creek bed) be required and that a 25'minimum grassed or
vegetated buffer strip be required between highground development and es-
tuarine waters. In subdivisions, this would likely include low-lying un-
developable areas and could be used as a pedestrian corridor linking subdivi-
sion, schools and shopping centers.
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Stormwater: A final set of provisions could be included in the subdivi-
sion ordinance to encourage the use of site design, construction practices and
building materials that will minimize the effects of development on water
quality. These provisions can include setbacks for roads, restrictions on the
use of curbs and gutters, and requirements for the use of open interlocking
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paving block such as Turfstone for driveways and parking areas.
Sedimentation and Erosion
The Division of Land Quality has prepared a model sedimentation and
erosion control ordinance for local governments. This ordinance is included
• as Appendix A of this report for review and consideration by the planning
board and town board. The purposes of the ordinance are to regulate certain
land -disturbing activities, to control accelerated erosion and sedimentation in
order to prevent the pollution of water, to minimize other damage to water
courses, and to protect citizens from flood and poor soil hazards.
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Should the town board consider adoption of such an ordinance, exemp-
tions to the ordinance could include: 1) the development of one detached
single family home structure or duplex on lots of record as of the date of the
adoption of any proposed ordinance, and 2) commercial, industrial, office or
• institutional development involving land disturbance of less than one-half acre
i n area.
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Stormwater Runoff Control
The Division of Coastal Management has prepared a stormwater runoff
• control ordinance for local governments. This ordinance is included in Appen-
dix B of this report for review and consideration by the planning board and
town board. The general purposes of the ordinance are to protect natural
features that function to absorb, purify and retain stormwater runoff, and to
provide post -development stormwater characteristics that resemble the condi-
tions that existed before the site's alteration.
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Should the town board consider adoption of such an ordinance, exemp-
tions to the ordinance could include: 1) the development of one detached
single family home structure or duplex on lots or record as of the date of the
adoption of any proposed ordinance, and 2) commercial industrial, office or
institutional development involving land disturbance of less than one-half acre
• i n area.
Coastal Resources Overlay District
An overlay zoning district provides additional development controls over
the underlying zoning district. This type of district is commonly found
• around lakes used as public drinking water supplies or around important en-
vironmental or cultural resources. New Hanover County has established a
Conservation Overlay District, the intent of which is to protect environmental
and cultural resources.
In the Swansboro planning jurisdiction, a coastal resources overlay dis-
trict could be created consisting of areas regulated by FEMA, the Corps of
Engineers, and CAMA in addition to hydric soils, and steep slopes (greater
than 12%). In general, these areas present development limitations and in
some instances are best left undeveloped.
By creating an overlay zoning district, particular uses could be
• specified. Some of these uses might include:
-buffer area between structures and water bodies;
-recreation, open space (pedestrian trails, play fields); and
-large lot residential zoning.
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V. CONCLUSIONS
The_ Town of Swansboro and its surrounding planning jurisdiction is a
most attractive location for new residential and commercial development.
However, one of the Town's concerns, what will that development look like and
how will it affect the character of the town and surrounding environment. It
is only through the adoption of sound growth management strategies that the
quality of an area can be protected and maintained. This CAMA planning
grant project has provided the town with maps, draft ordinances, and plan
and ordinance suggestions that will be of assistance to the town governing
body as it makes regulatory and permit decisions directing future land use
patterns.
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APPENDIX A
MODEL LOCAL ORDINANCE
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SOIL EROSION AND SEDIMENTATION CONTROL
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MODEL LOCAL ORDINANCE
SOIL EROSION and SEDIMENTATION CONTROL
FEBRUARY 8, 1989
SEDIMENTATION CONTROL COMMISSION
RALEIGH, NORTH CAROLINA

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ORDINANCE NO.
AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION
AND SEDIMENTATION.
• NOW, THEREFORE, BE IT ORDAINED by the (Governing Body)
of the (City), (Town), (County) of
Section 1 Title
This ordinance may be cited as the (city), (town),
(county), of Soil Erosion and
Sedimentation Control Ordinance.
Section 2 Purposes
This ordinance is adopted for the purposes of:
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a. regulating certain land -disturbing activity
to control accelerated erosion and
sedimentation in order to prevent the
pollution of water and other damage to lakes,
watercourses, and other public and private
property by sedimentation; and
b. establishing procedures through which these
purposes can be fulfilled.
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Section 3 Definitions
As used in this ordinance, unless the context
clearly indicates otherwise, the following
definitions apply:
a. Accelerated Erosion - means any increase over
the rate of natural erosion as a result of
land -disturbing activity.
b. Act - means the North Carolina Sedimentation
Pollution Control Act of 1973 and all rules
and orders adopted pursuant to it.
C. Adequate Erosion Control Measure, Structure,
or Device - means one which controls the soil
material within the land area under
responsible control of the person conducting
the land -disturbing activity.
d. Borrow - means fill material which is
required for on -site construction and is
obtained from other locations.
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ip
e.
Buffer Zone - means the strip of land
adjacent to a lake or natural watercourse,
the width of which is measured from the edge
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of the water to the nearest edge of the
disturbed area, with the twenty-five percent
(25%) of the strip nearer the land -disturbing
activity containing natural or artificial
means of confining visible siltation.
f.
Commission - means the North Carolina
Sedimentation Control Commission.
t
g.
De artment - means the North Carolina
Department of Natural Resources and Community
Development.
h.
District - means the Soil and Water
Conservation District created pursuant to
Chapter 139, North Carolina General Statutes.
i.
Energy Dissipator - means a structure or a
shaped channel section with mechanical
armoring placed at the outlet of pipes or
conduits to receive and break down the energy
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from high velocity flow.
j.
Erosion - means the wearing away of land
surface by the action of wind, water,
gravity, or any combination thereof.
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k.
Ground cover - means any natural vegetative
growth or other material which renders the
soil surface stable against accelerated
erosion.
1.
Lake or Natural Watercourse - means any
stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary,
and any reservoir, lake or pond, natural or
impounded, in which sediment may be moved or
carried in suspension, and which could be
damaged by accumulation of sediment.
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M.
Land -disturbing Activity - means any use of
the land by any person in residential,
industrial, educational, institutional, or
commercial development, highway and road
construction and maintenance that results in
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a change in the natural cover or topography
and that may cause or contribute to
sedimentation.
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n. Local Government - means any county,
incorporated village, town, or city, or any
combination of counties, incorporated
villages, towns, and cities, act-ing through a
joint program pursuant to the provisions of
this Article.
r
o. Natural Erosion - means the wearing away of
the earth's surface by water, wind, or other
natural agents under natural environmental
conditions undisturbed by man. -
p. Person - means any individual, partnership,
firm, association, joint venture, public or
private corporation, trust, estate,
commission, board, public or private
institution, utility, cooperative, interstate
body, or other legal entity. ,
q. Person Responsible for the Violation - as
used in this Ordinance, and G.S. 113A-64,
means:
(a) the developer or other person who has or
holds himself out as having financial or
operational control over the land -disturbing
activity; and/or
(b) the landowner or person in possession or
control of the land when he has directly or
indirectly allowed the land -disturbing
activity or has benefitted from it or he has
failed to comply with any provision of this
Ordinance, the Act, or any order adopted
pursuant to this Ordinance or the Act as
imposes a duty upon him.
r. Person Conducting Land -Disturbing Activity -
means any person who may be held responsible
for a violation unless expressly provided
otherwise by this Ordinance, the Act, or any
order adopted pursuant to this Ordinance or
the Act.
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S. Phase of Grading - means one of two types of
grading, rough or fine.
t. Plan - means an erosion and sedimentation
control plan.
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U.
Sediment - means solid particulate matter,
both mineral and organic, that has been or is
being transported by water, air, gravity, or
ice from its site of origin.
V.
Siltation - means sediment resulting from
accelerated erosion which is settleable or
removable by properly designed, constructed,
and maintained control measures; and which
has been transported from its point of origin
within the site of a land -disturbing
activity; and which has been deposited, or is
in suspension in water.
W.
Sedimentation - means the process by which
sediment resulting from accelerated erosion
has been or is being transported off the site
of the land -disturbing activity or into a
lake or natural watercourse.
X.
Storm Drainage Facilities - means the system
of inlets, conduits, channels, ditches and
appurtenances which serve to collect and
convey storm water through and from a given
drainage area.
Y•
Storm Water Runoff - means the direct runoff
of water resulting from precipitation in any
form.
Z.
Ten -Year Storm - means the surface runoff
resulting from a rainfall of an intensity
expected to be equalled or exceeded, on the
average, once in ten years, and of a duration
which will produce the maximum peak rate of
runoff, for the watershed of interest under
average antecedent wetness conditions.
aa.
Tract - means all contiguous land and bodies
of water in one ownership, or contiguous land
and bodies of water in diverse ownership
being developed as a unit, although not
necessarily all at one time.
bb.
Uncovered -,means the removal of ground cover.
from, on, or above the soil surface.
CC.
Undertaken - means the initiating of any
activity, or phase of activity, which results
or will result in a change in the ground
cover or topography of a tract of land.
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U,
dd.
Velocity - means the average velocity of flow
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through the cross section of the main channel
at the peak flow of the storm of interest.
The cross section of the main channel shall
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be that area defined by the geometry of the
channel plus.the area of flow below the flood
height defined by vertical lines at the main
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channel banks. overload flows are not to be
included for the purpose of computing
velocity of flow.
ee.
Waste - means surplus materials resulting
from on -site construction and disposed of at
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other locations.
ff.
Working Days - means days exclusive of.
Saturday and Sunday during which weather
conditions or soil conditions permit
land -disturbing activity to be undertaken.
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Section 4 Scope
and Exclusions
This
ordinance shall apply to land -disturbing
activities
undertaken by any person, with the
following
exclusions:
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a.
those undertaken on agricultural land for the
production of plants and animals useful to
man, including but not limited to: forage and
sod crops, grain and feed crops, tobacco,
cotton and peanuts; dairy animals and dairy
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products; poultry and poultry products;
livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats,
including the breeding and grazing of any or
all such animals; bees and apiary products;
fur animals; and
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b.
those undertaken on forest land for the
production and harvesting of timber and
timber products; and
C.
activity undertaken by persons as defined in
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G.S. 113A-52(8) who are otherwise regulated
by the provisions of The Mining Act of 1971,
G.S. 74-46 through G.S. 74-68; and
d.
Land -disturbing activity over which the State
has exclusive regulatory jurisdiction as
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provided in G.S. 113A-56(a).
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Section 5 General Requirements
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a. Plan Required - No person shall initiate any
land -disturbing activity which uncovers more
_ than one contiguous acre without -"having an
erosion control plan approved by the (city),
(town), or (county).
b. Protection of Property - Persons conducting
land -disturbing activity shall take all
reasonable measures to protect all public and
private property from damage caused by such
activity.
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C. More Restrictive Rules Shall Apply - Whenever
conflicts exist between federal, state, or
local laws, ordinances, or rules, the more
restrictive provision shall apply.
Section 6 Basic Control Objectives
The basic control objectives which are to be
considered in developing -and implementing an
erosion and sedimentation control plan are to:
a. Identify Critical Areas - On -site areas which
are subject to severe erosion, and off -site
areas which are especially vulnerable to
damage from erosion and/or sedimentation, are
.to be identified and receive special
attention.
s
b. Limit Time of Exposure - All land -disturbing
activity is to be planned and conducted to
limit exposure to the shortest feasible time.
C. Limit Exposed Areas - All land -disturbing.
activity is to be planned and conducted to
minimize the size of the area to be exposed
at any one time.
d. Control Surface Water - Surface water runoff
originating upgrade of exposed areas should
be controlled to reduce erosion and sediment
loss during the period of exposure.
e. Control Sedimentation - All land -disturbing
activity is to be planned and conducted so as
to prevent off -site sedimentation damage.
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f. Manage Storm Water Runoff - When the increase
in the velocity of storm water runoff
resulting from a land -disturbing activity is
sufficient to cause accelerated erosion of
the receiving watercourse, plans are to
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include measures to control the velocity at
the point of discharge so as to minimize
accelerated erosion of the site and increased
sedimentation of the stream.
Section 7 Mandatory Standards for Land -disturbing Activity
No land -disturbing activity subject to the control
of this ordinance shall be undertaken except in
accordance with the following mandatory standards:
a. Buffer zone - No land -disturbing activity
shall be permitted in proximity to a lake or
natural watercourse unless a buffer zone is
provided along the margin of the watercourse
of sufficient width to confine visible•
siltation within the twenty-five percent
(250) of the buffer zone nearer the
land -disturbing activity, provided, that this
subsection (a) shall..not apply to a
land -disturbing activity in connection with
the construction of facilities to be located
on, over, or under a lake or natural
watercourse.
b. Graded Slopes and Fills - The angle for
graded slopes and fills shall be no greater
than the angle which can be retained by
vegetative cover or other adequate erosion
control devices or structures. In any event,
slopes left exposed will, within 30 working
days of completion of any phase of grading,
be planted or otherwise provided with ground
cover, devices, or structures sufficient to
restrain erosion.
C. Ground Cover - Whenever land -disturbing
activity is undertaken on a tract comprising
more than one acre, if more than one
contiguous acre is uncovered, the person
conducting the land -disturbing activity shall
install such sedimentation and erosion
control devices and practices as are
sufficient to retain the sediment generated
by the land -disturbing activity within the
boundaries of the tract during construction
upon and development of said tract, and shall
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plant or otherwise provide a permanent ground
cover sufficient to restrain erosion after
completion of construction or development
within 30 working days or 120 calendar days
following completion, whichever period is
shorter.
d. Prior Plan Approval - No person shall
initiate any land -disturbing activity if more
than one contiguous acre is to be uncovered
unless, thirty or more days prior to
initiating the activity, an erosion and
sedimentation control plan for such activity
is filed with and approved by the (city),
(town), or (county).
Section 8 Design and Performance Standards
Erosion and sedimentation control measures,
structures, and devices shall be so planned,
designed, and constructed as to provide protection
from the calculated maximum peak rate of runoff
from the 10-year storm. Runoff rates shall be
Soil
calculated using the procedures in the USDA,
Conservation Service's "National Engineering Field
Manual for Conservation Practices", or other
acceptable calculation procedures.
Section 9 Permanent Downstream Protection of Stream Banks
and Channels
a. Intent - 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.
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b. Performance Standard - The land -disturbing
activity shall be planned and conducted such
that the velocity of storm water runoff in
the receiving watercourse at the point of
discharge resulting from a 10-year storm
after development shall not exceed the
greater of:
(1) the as m the
tableeincity
Paragrapht(e)lofdthis rule; or
(2) the velocity in the receiving
watercourse determined for the 10-year
storm prior to development.
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If conditions (1) or (2) of this paragraph
cannot be met, the channel below the
discharge point shall be designed and
constructed to withstand the expected
_ velocity.
C. Acceptable Management Measures - Measures
applied alone or in combination to satisfy
the intent of this section are acceptable if
there are no objectionable secondary
consequences. The Commission recognizes that
the management of stormwater runoff to
minimize or control downstream channel and
bank erosion is a developing technology.
Innovative techniques and ideas will be
considered and may be used when shown to have
the potential to produce successful results.
Some alternatives are to:
(1) avoid increases in surface runoff volume
and velocity by including measures to
promote infiltration to compensate for
increased runoff from areas rendered
impervious,
(2) avoid increases in stormwater discharge
velocities by using vegetated or
roughened swales and waterways in lieu
of closed drains and high velocity paved
sections,
(3) provide energy dissipators at outlets of
storm drainage facilities to reduce flow
velocities at the point of discharge.
These may range from simple rip -rapped
sections to complex structures,
(4) protect watercourses subject to
accelerated erosion by improving cross
sections and/or providing
erosion -resistant lining.
d. Exceptions - This rule shall not apply where
it can be demonstrated that stormwater
discharge.velocities will not create an
erosion problem in the receiving watercourse.
e. The following is a table for maximum
permissible velocity for storm water
discharges:
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Maximum permissible velocities
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Material F.P.S. M.P.S.
Fine sand (noncolloidal) 2.5 .8
--
Sandy loam (noncolloidal) 2.5 .8
Silt loam (noncolloidal) 3.0 .9
ordinary firm loam 3.5 1.1
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Fine gravel 5.0 1.5
Stiff clay (very colloidal) 5.0 1.5
Graded, loam to cobbles 5.0 1.5
(noncolloidal)
Graded, silt to cobbles 5.5 1.7
(colloidal),.
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Alluvial silts (noncolloidal) 3.5 1.1
Alluvial silts (colloidal) 5.0 1.5
Coarse gravel (noncolloidal) 6.0 1.8
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
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Source - Adapted from recommendations by Special
Committee on Irrigation Research, American Society
of Civil Engineers, 1926, for channels with
straight alignment. For sinuous channels, ,.
multiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels,
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and by 0.8 for highly sinuous channels.
Section 10 Borrow and Waste Areas
When the person conducting the land -disturbing
activity is also the person conducting the borrow
or waste disposal activity, areas from which
borrow is obtained and which are not regulated by
the provisions of the Mining Act of 1971, any
waste areas for surplus materials other than
landfills regulated by the Department of Human
Resources, Division of Health Services, shall be
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considered as part of the land -disturbing activity
where the borrow material is being used or from
which the waste material originated. When the
person conducting the land -disturbing activity is
not the person obtaining the borrow and/or
disposing of the waste, these areas shall be
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considered a separate land -disturbing activity.
Section 11 Access and Haul Roads
Temporary access and haul roads, other than public
roads, constructed or used in connection with any
• land -disturbing activity shall be considered -a
part of such activity.
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Section 12 Operations in Lakes or Natural Watercourses
Land -disturbing activity in connection with
construction in, on, over, or under a lake or
natural watercourse shall be planned and conducted
in such a manner as to minimize the extent and
duration of disturbance of the stream channel.
The relocation of a stream, where relocation is an
essential part of the proposed activity, shall be
planned and executed so as to minimize changes in
the stream flow characteristics, except when
justification for significant alteration to flow
characteristic is provided.
• Section 13 Responsibility for Maintenance
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During the development of a site, the person
conducting the land -disturbing activity shall
install and maintain all temporary and permanent
erosion and sedimentation control measures as
required by the approved plan or any provision of
this Ordinance, the Act, or any order adopted
pursuant to this Ordinance or the Act. After site
development, the land owner or person in
possession or control of the land shall install
and/or maintain all necessary permanent erosion
and sediment control measures, except those
measures installed within a road or street
right-of-way or easement accepted for maintenance
by a governmental agency.
Section 14 Additional Measures
Whenever the (city), (town), (county), determines
that significant sedimentation is occurring as a
result of land -disturbing activity, despite
application and maintenance of protective
practices, the person conducting the
land -disturbing activity will be required to and
shall take additional protective action.
Section 15 Existing Uncovered Areas
a. All uncovered areas existing on the effective
date of this ordinance which resulted from
land -disturbing activity, exceed one
contiguous acre, are subject to continued
accelerated erosion, and are causing off -site
damage from sedimentation, shall be provided
with a ground cover or other protective
measures, structures, or devices sufficient
to restrain accelerated erosion and control
off -site sedimentation.
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b. The (city), (town), (county), will serve upon
the landowner a written notice of violation
by registered or certified mail, return
receipt requested, or other means. The
notice will set forth the measures needed to
comply and will state the time within which
such measures must be completed. In
determining the measures required and the
time allowed for compliance, the authority
serving notice shall take into consideration
the economic feasibility, technology, and
quantity of work required, and shall set
reasonable and attainable time limits of
compliance.
C. The (city), (town), (county), reserves the
right to require preparation and approval of
an erosion control plan in any instance where
extensive control measures are required.
d. This rule shall not require ground cover on
cleared land forming the future basin of a
planned reservoir.
Section 16 Permits
a. No person shall undertake any land -disturbing
activity subject to this ordinance without
first obtaining a permit therefore from the
(city), (town), (county), except that no
permit shall be required for any
land -disturbing activity:
(1) for the purpose of fighting fires; or
(2) for the stock piling of raw or processed
sand, stone, or gravel in material
processing plants and storage yards,
provided that sediment control measures
have been utilized to protect against
off -site damage; or
(3) that does not exceed square feet
in surface area. In determining the
area, contiguous lands under one or
diverse ownership being developed as a
unit will be aggregated.
(NOTE: THIS EXCLUSION FROM PERMITS
SHOULD ALLOW LAND -DISTURBING ACTIVITIES
FOR CONSTRUCTION OF A SINGLE FAMILY
RESIDENCE ON A SINGLE LOT, BUT MAY NOT
EXCEED ONE ACRE.)
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b. The (city), (town), (county), may establish a
fee if considered necessary.
Section 17 Erosion and Sedimentation Control Plans
a. An erosion control plan shall be prepared for
all land -disturbing activities subject to
this ordinance whenever the proposed activity
is to be undertaken on a tract comprising
more than one acre, if more than one
contiguous acre is to be uncovered.
The plan shall be filed with the (city),
(town), (county), and the Soil and
Water Conservation District, 30 days prior to
the commencement of the proposed activity.
b. Persons conducting land -disturbing activity
which covers one or more contiguous acres
shall file one copy of the erosion control
plan with the (city), (town), (county), at
least 30 days prior to beginning such
activity and shall keep another copy of the
plan on file at the job site. If the (city),
(town), (county), either upon review of such
plan or on inspection of the job site,
determines that a significant risk of
accelerated erosion or off -site sedimentation
exists, the (city), (town), (county) will
require a revised plan. Pending the
preparation of the revised plan, work shall
cease or shall continue under conditions
outlined by the appropriate authority.
C. Erosion control plans shall be accompanied by
an authorized statement of financial
responsibility and ownership. This statement
shall be signed by the person financially
responsible for the land -disturbing activity
or his attorney in fact. The statement shall
include the mailing and street addresses of
the principal place of business of the person
financially responsible and of the owner of
the land or their registered agents. If the
person financially responsible is not a
resident of North Carolina, a North Carolina -
agent must be designated in the statement for
the purpose of receiving notice of compliance
or non-compliance with the plan, this
ordinance, or rules or orders adopted or
issued pursuant to this ordinance.
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d. The Soil and Water Conservation
District within 20 days of receipt of any
_
plan, or within such additional time as may
be prescribed by the (city), (town),
(county), shall review such plan and submit
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its comments -and recommendations to the
(city), (town), (county). Failure of the
Soil and Water Conservation District to
submit its comments and recommendations
within 20 days or within the prescribed
additional time will not delay final action
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on the plan.
e. The (city), (town), (county), will review
each plan submitted to them and within 30
days of receipt thereof will notify the
person submitting the plan that is has been
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approved, approved with modifications,
approved with performance reservations, or
disapproved. Failure to approve or
disapprove a complete erosion and
sedimentation control plan within 30 days of
receipt shall be deemed approval. Denial of
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a plan must specifically state in writing the
reasons for denial. The (city), (town),
(county) must approve or deny a revised plan
within 15 days of receipt, or it is deemed to
be approved. If, following commencement of a
land -disturbing activity pursuant to an
•
approved plan, the (city), (town), (county)
determines that the plan is inadequate to
meet the requirements of this ordinance, the
(city), (town), (county) may require such
revisions as are necessary to comply with
this ordinance.
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f. The plan required by this section shall
contain architectural and engineering
drawings, maps, assumptions, calculations,
and narrative statements as needed to
adequately describe the proposed development
•
of the tract and the measures planned to
comply with the requirements of this
ordinance. Plan content may vary to meet the
needs of specific site requirements.
Detailed guidelines for plan preparation may
be obtained from the (city), (town),
•
(county), on request.
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g. Applications for amendment of an erosion
control plan in written and/or graphic form
-
may be made at any time under the same
conditions as the original application.
Until such time as said amendment is approved
by the (city), (town), (county), the
land -disturbing activity shall not proceed
except in accordance with the erosion control
plan as originally approved.
h. Any person engaged in land -disturbing
•
activity who fails to file a plan in
accordance with this ordinance, or who
conducts a land -disturbing activity except in
accordance with provisions of an approved
plan shall be deemed in violation of this
ordinance.
Section 18 Appeals
a. The disapproval or modification of any
proposed erosion control plan by the (city),
(town), (county), shall entitle the person
•
submitting the plan to a public hearing if
such person submits written demand for a
hearing within 15 days after receipt of
written notice of disapproval or
modifications.
b. Hearings held pursuant to this section shall
be conducted by the (city), (town), (county),
(appropriate local agency), within days
after the date of the appeal or request for a
hearing.
C. The agency conducting the hearings shall make
recommendations to the governing body of the
(city), (county), (town), within days
after the date of the hearing on any erosion
control plan.
d. The Governing Body of the (city), (town),
(county),.will render its final decision on
any erosion control plan upon which a hearing
is requested within days of receipt of
the recommendations from the agency
conducting the hearings.
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e. If the (city), (town), or (county), upholds
the disapproval or modification of a proposed
soil erosion and sedimentation control plan
following the hearing, the persgp submitting
the plan shall then be entitled to appeal the
local government's decision to the North
Carolina Sedimentation Control Commission as
provided in Section 113A-61(c) of the General
Statutes and Title 15 NCAC 4B .0018(b).
(NOTE: THE APPEALS PROCEDURES ABOVE ARE
INCLUDED ONLY TO ENSURE THAT EACH LOCAL
ORDINANCE CONTAINS PROCEDURE FOR APPEALS.
THE PROCEDURE SHOULD BE WRITTEN TO CONFORM TO
APPLICABLE EXISTING PROCEDURES, OR AS CREATED
FOR THE ADMINISTRATION OF THE ORDINANCE.)
Section 19 Inspections and Investigations
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a. Agents and officials of the (city), (town),
(county), will periodically inspect the sites
of land -disturbing activity for which permits
have been issued to determine whether the
activity is being conducted in accordance
with the plan and to determine whether the
•
measures required in the plan are effective
in controlling erosion and sediment resulting
from land -disturbing activity.
b. If, through inspection, it is determined that
a person engaged in land -disturbing activity
•
has failed to comply with the approved plan,
a notice of violation shall be served upon
that person by registered or certified mail
or other means. The notice shall set forth
the measures necessary to achieve compliance
with the plan, specify a reasonable time
period within which such measures must be
completed, and warn that failure to correct
the violation within the time period will
result in the assessment of a civil penalty
or other enforcement action. If the person
engaged in land -disturbing activity fails to
comply within the time specified, enforcement
action shall be initiated.
C. The (city), (town), (county), shall have the
power to conduct such investigation as it may
reasonably deem necessary to carry out its
• duties as prescribed in this ordinance,.and
for this purpose to enter at reasonable times
upon any property, public or private, for the
purpose of investigating and inspecting the
sites of any land -disturbing activity.
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No person shall refuse entry or access to any
authorized representative or agent of the
(city), (town), (county), who requests entry
for purposes of inspection, and _yho presents
appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such
representative while in the process of
carrying out his official duties.
d. The (city), (town), (county), shall also have
the power to require written statements, or
the filing of reports under oath, with
respect to pertinent questions relating to
land -disturbing activity.
Section 20 Penalties
A. Civil Penalties
(1) Any person who violates any of the provisions
of this ordinance, or rules or orders adopted
or issued pursuant to this ordinance, or who
initiates or continues a land -disturbing
activity for which an erosion control plan is
required except in accordance with the terms,
conditions, and provisions of an approved
plan, shall be subject to a civil penalty of
not more than $100, except that the penity
for failure to submit an erosion control plan
shall be as provided in subdivision (3) of
this subsection. No penalty shall be
assessed until the person alleged to be in
violation has been notified of the violation
by registered or certified mail, return
receipt requested, or other means. The
notice shall describe the violation with
reasonable particularity, specify a
reasonable time period within which the
violation must be corrected, and warn that
failure to correct the violation within the
time period will result in the assessment of
a civil penalty or other enforcement action.
Each day of continuing violation shall
constitute a separate violation.
(2) The governing body of the (city),'(town),
'(county), shall determine the amount of the
civil penalty to be assessed under this
subsection and shall make written demand for
payment upon the person in violation, and
shall set forth in detail a description of
the violation for which the penalty has been
-17-
•

•
imposed. In determining the amount of the
•
penalty the governing body shall consider the
degree and extent of harm caused by the
violation and the cost of rectifying the
damage. If payment is not received or
equitable settlement reached within 30
days after demand for payment is made the
•
matter shall be referred to the (city),
(town), (county), attorney for institution of
a civil action in the name of the (city),
(town), (county), in the appropriate division
of the General Courts of Justice for recovery
of the penalty.
•
(3) Any person who fails to submit an erosion
control plan for approval as required by this
ordinance shall be subject to a single,
noncontinuing civil penalty of not more than
one thousand dollars ($1,000). Any person
•
who is subject to a civil penalty under this
subdivision may be subject to additional
civil penalties for violation of any other
provision of this ordinance, or rules or
orders adopted or issued pursuant to this
ordinance.
(4) Civil penalties collected pursuant to this
ordinance shall be used or disbursed as
directed by G.S. 113A-64(a).
B. Criminal Penalties
•
Any person who knowingly or willfully violates any
provision of this ordinance, or rule or order
adopted or issued pursuant to this ordinance, or
who knowingly or willfully initiates or continues
a land -disturbing activity for which an erosion
•
control plan is required except in accordance with
the terms, conditions, and provisions of an
approved plan, shall be guilty of a misdemeanor
punishable by imprisonment not to exceed 90 days,
or by a fine not to exceed $5,000, or by both, in
the discretion of the court.
•
Section 21 Injunctive Relief
a. Whenever the governing body has reasonable
cause to believe that any person is violating
or threatening to violate this ordinance or
•
any rule or order adopted or issued pursuant
to this ordinance, or any term, condition, or
OTsM
•

•
provision of an approved erosion control
•
plan, it may, either before or after the
institution of any other action or proceeding
authorized by this ordinance, institute a
civil action in the name of the (city),
(town), (county), for injunctive relief to
restrain the violation or threatened
•
violation. The action shall be brought in
the Superior Court of County.
b. Upon determination by a court that an alleged
violation is occurring or is threatened, it
shall enter such orders or judgments as are
•
necessary to abate the violation or to
prevent the threatened violation. The
institution of an action for injunctive
relief under this section shall not relieve
any party to such proceedings from any civil
or criminal penalty prescribed for violations
•
of this ordinance.
Section 22 Severability
If any section or sections of this ordinance
is/are held to be invalid or unenforceable, all
•
other sections shall nevertheless continue in full
force and effect.
Section 23 Effective Date
(In establishing an effective date the local
•
government should consider the need for lead time
to orient and educate those affected by full
implementation of the ordinance.)
•
C
•
-19-
C7

APPENDIX B
MODEL STORMWATER RUNOFF CONTROL ORDINANCE
•
•
•

MODEL STORMWATER RUNOFF CONTROL ORDINANCE
The following runoff control ordinance is a generic
national model that local governments can use for reference
and discussion. This ordinance originally appeared as part
of a 1980 article in Natural Resources Journal entitled
"Stormwater Runoff Control: A Model Ordinance for Meeting
Local Water Quality Management Needs" by Frank E. Maloney,
Richard G. Hamann, and Bram D.E. Canter.
The model ordinance is based on sound scientific
principles for water management, and was thoroughly
researched and reviewed. The ordinance should not be
considered for adoption in its present form, but rather
should stimulate interested communities to adjust and modify
the concepts presented here so that they can be applied to
the characteristics and needs of a particular area.
Special consideration should be given to the
suggestions in Section Six (f), Section Seven (f), and
Section Nine (d) through (f) regarding a plan for
sedimentation and erosion control. As applied to North
Carolina, these provisions presume the plan submitted would
comply with state regulations concerning land disturbing
activities of one acre or more. Local governments could
also adopt a separate sedimentation and control ordinance
for land disturbing activities on areas smaller than one
acre.
This ordinance is detailed and complex, so fairly
sophisticated administrative ability would be needed to
implement it. This ordinance or modifications of it should be
reviewed carefully by legal counsel before it is adopted.
Section One: Short Title
j This ordinance shall be known as the "Stormwater Runoff
Control Ordinance."
Section Two: Findings of Fact
The (governing authority) of (local unit) finds that
• uncontrolled drainage and development of land has a
significant adverse impact upon the health, safety, and
welfare of the community. More specifically,
(a) Stormwater runoff can carry pollutants into
receiving water bodies, degrading water quality and
affecting finfish and shellfish production;
(b) The increase in nutrients such as phosphorus and
53
•j

nitrogen accelerates eutrophication of receiving waters,
adversely affecting flora and fauna;
(c) Improperly channeling water increases the velocity
of runoff, thereby increasing erosion and sedimentation;
(d) Construction requiring the alteration of natural
topography and removal of vegetation tends to increase
erosion;
(e) Siltation of water bodies resulting from increased
erosion decreases their capacity to hold and transport
water, interferes with navigation, and harms flora and
fauna;
(f) Impervious surfaces increase the volume and rate
of stormwater runoff and allow less water to percolate into
the soil, thereby decreasing groundwater recharge;
(g) Improperly managed stormwater runoff can increase
the incidence of flooding and the level of floods which
occur, endangering property and human life;
(h) Improperly managed stormwater runoff can interfere
with the maintenance of optimum salinity in estuarine areas,
thereby disrupting biological productivity;
(i) Substantial economic losses result from these
adverse impacts on community waters;
(j) Many future problems can be avoided if land is
developed in accordance with sound stormwater runoff
management practices.
Section Three: Objectives
In order to protect, maintain, and enhance both the
immediate and long term health, safety, and general welfare
of the citizens of (local unit), this ordinance has the
following objectives:
(a) To encourage productive and enjoyable harmony
between humanity and nature;
(b) To protect, restore, and maintain the chemical,
physical, and biological integrity of community waters;
(c) To prevent individuals, business organizations,
and governments from causing harm to the community by
activities which adversely affect water resources;
(d) To encourage the construction of drainage systems
54

L-A
which aesthetically and functionally approximate natural
systems;
(e) To encourage the protection of natural systems and
the use of them in ways which do not impair their beneficial
functioning;
(f) To encourage the use of drainage systems which
minimize the consumption of electrical energy or petroleum
fuels to move water, remove pollutants, or maintain the
systems;
(g) To minimize the transport of pollutants to
community waters;
(h) To maintain or restore groundwater levels;
(i) To protect, maintain, or restore natural salinity
levels in estuarine areas;
(j) To minimize erosion and sedimentation;
(k) To prevent damage to wetlands;
(1) To prevent damage from flooding, while recognizing
that natural fluctuations in water levels are beneficial;
(m) To protect, restore, and maintain the habitat of
fish and wildlife; and
(n) To ensure the attainment of these objectives by
requiring the approval and implementation of water
management plans for all activities which may have an
adverse impact upon community waters.
Section Four: Definitions
Unless specifically defined below, words or phrases
shall be interpreted so as to give them the meaning they
have in common usage and to give this ordinance its most
i effective application. Words used in the singular shall
include the plural and the plural the singular; words used
in the present tense shall include the future tense. The
word "shall" connotes mandatory and not discretionary; the
• I word "may" is permissive.
(a) "Adverse Impacts"are any modifications,
alterations, or effects ona feature or characteristic of
community waters or wetlands, including their quality,
quantity, hydrodynamics, surface area, species composition,
• living resources, aesthetics, or usefulness for human or
natural uses which are or may potentially be harmful or
injurious to human health, welfare, safety or property, to
55

A614
biological productivity, diversity, or stability or which
unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. The term includes
secondary and cumulative as well as direct impacts.
(b) "Clearing" means the removal of trees and brush
from the land but shall not include the ordinary mowing of '
grass.
(c) "Detention" refers to the collection and storage
of surface water for subsequent gradual discharge. j
(d) "Developer" means any person who engages in
development either as the owner or as the agent of an owner
of property.
•
(e) "Development" or "Development Activity" means:
(1) the construction, installation, alteration,
demolition, or removal of a structure,
impervious surface, or drainage facility; or
(2) clearing, scraping, grubbing, or otherwise
removing or killing the vegetation of a site; I
(3) adding, removing, exposing, excavating,
leveling, grading, digging, burrowing,
dumping, piling, dredging, or otherwise
significantly disturbing the soil, mud, sand,
or rock of a site.
(f) "Drainage Facility" means any component of the !
drainage system.
•
(g) "Drainage System" is the system through which
water flows from the land. It includes all watercourses,
waterbodies, and wetlands.
(h) "Erosion" is the wearing or washing away of soil
by the action of wind or water. •
(i) "Flood" is a temporary rise in the level of any
waterbody, watercourse, or wetland which results in the
inundation of areas not ordinarily covered by water.
(J) "Impervious Surface" means a surface which has •
been compacted or covered with a layer of material so that
it is highly resistant to infiltration by water. It
includes semi -impervious surfaces such as compacted clay, as
well as most coventionally surfaced streets, roofs,
sidewalks, parking lots, and other similar structures. �.
(k) "Natural Systems" means systems which
56
I

predominantly consist of or use those communities of plants,
animals, bacteria, and other flora and fauna which occur
indigenously on the land, in the soil, or in the water.
(1) "Owner" is the person in whom is vested the fee
ownership, dominion, or title of property, i.e., the
proprietor. This term may also include a tenant, if
chargeable under his lease for the maintenance of the
property, and any agent of the owner or tenant including a
developer.
(m) "Person" means any and all persons, natural or
artificial and includes any individual, firm, corporation,
government agency, business trust, estate, trust,
partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
(n) "Predevelopment Conditions" are those conditions
which existed before alteration, resulting from human
activity, of the natural topography, vegetation and rate,
volume or direction of surface or ground water flow, as
indicated by the best available historical data.
(o) "Receiving Bodies of Water" shall mean any
waterbodies, watercourses, or wetlands into which surface
waters flow either naturally, in manmade ditches, or in a
closed conduit system.
(p) "Retention" refers to the collection and storage
of runoff without subsequent discharge to surface waters.
(q) "Sediment" is fine particulate material, whether
mineral or organic, that is in suspension or has settled in
a waterbody.
(r) "Sedimentation Facility" means any structure or
area which is designed to hold runoff water until suspended
sediments have settled.
(s) "Site" means any tract, lot, or parcel of land or
combination of tracts, lots, or parcels of land which are in
one ownership, or are contiguous and in diverse ownership
where development is to be performed as part of a unit,
subdivision, or project.
(t) "Structure" means that which is built or
constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts
joined together in some definite manner but shall not
include fences or signs.
(u) "Subdivide" means to divide the ownership of a
parcel of land, whether improved or unimproved, into three
57

or more contiguous lots or parcels of land, whether by
reference to a plat, by metes and bounds or otherwise, or,
if the establishment of a new street is involved, any
division of a parcel of land. Subdivision includes a
resubdivision and, when appropriate to the context, relates
to the process of subdividing or to the subdivided.
(v) "Vegetation" means all plant growth, especially
trees, shrubs, vines, ferns, mosses, and grasses.
(w) "Waters" or "Community of Waters" means any and
all water on or beneath the surface of the ground. It
includes the water in any watercourse, waterbody, or
drainage system. It also includes diffused surface water
and water percolating, standing, or flowing beneath the
surface of the ground, as well as coastal waters.
(x) "Water Management Plan" refers to the detailed
analysis required by Section Six for each activity described
in Section Five of this ordinance.
(y) "Watercourse" means any natural or artificial
stream, river creek, channel, ditch canal, conduit, culvert,
drain, waterway, gully, ravine, street, roadway, swale, or
wash in which water flows in a definite direction, either
continuously or intermittently, and which has a definite
channel, bed, or banks.
(z) "Waterbody" means any natural or artificial pond,
lake, reservoir, or other area which ordinarily or
intermittently contains water and which has a discernible
shoreline.
(aa) "Watershed" means a drainage area or drainage
basin contributing to the flow of water in a receiving body
of water.
(bb) "Wetlands" means those areas where
(1) the soil is ordinarily saturated with water
or;
(2) the dominant plant community is one or more
of those species designated by the (Coastal
Resources Commission and/or U.S. Army Corps
of Engineers) as identifying wetlands or the
transitional zone of wetlands.
Section Five: Applicability
(a) Unless exempted pursuant to subsection (b) or
waived pursuant to subsection (c), a Water Management Plan
m

•
i
must be submitted and approved before:
(1) a plat is recorded or land is subdivided; or
• (2) an existing drainage system is altered,
rerouted, deepened, widened, enlarged, or
obstructed; or
(3) development is commenced.
• (b) Exemptions. The following development activities
are exempt from the Water Management Plan Requirement:
(1) the development of less than five single
family or duplex residential dwelling units
and their accessory structures (such as
• fences, storage sheds, and septic tanks) in
an existing subdivision;
(2) the development of one single family or
duplex residential structure not in an
• existing subdivision;
(3) agricultural activity not involving the
artificial drainage of land;
(4) any maintenance, alteration, use, or
• � chap improvement to an e
eisting structure not
inor affecting -
changing g quality, rate, volume,
or location of surface water discharge.
(c) Waivers.
(1) A waiver of the Water Management Plan
• requirement may be obtained by submitting an
application on forms supplied by (local
agency). The application shall contain:
(i) the name, address and telephone number
of the developer and owner; and
•
(ii) a description and a drawing of the
t proposed development; and
(iii) the location of the development; and
• (iv) any other information requested by
1 (local agency) that is reasonably
1I necessary to evaluate the proposed
development.
•` (2) The (local agency) may grant a waiver if the
i application demonstrates the development is
59
•1

not likely to:
(i) (significantly) increase or decrease
the rate or volume of surface water
runoff;
(ii)
have a (significant) adverse impact on
a wetland, watercourse, or waterbody;
(iii)
(significantly) contribute to the
degradation of water quality.
(3)
The following types of development shall not
be eligible to receive a waiver:
(i)
shopping centers;
(ii)
industrial or commercial facilities;
(iii)
subdivisions;
(iv)
roads;
(v)
impervious surfaces greater than
1
10,000 square feet.
(d) Variances.
variance from
The (local agency) may grant a written
any requirement of this ordinance using the
following criteria:
(1)
there
are special circumstances applicable to
the subject property or its intended use; and
(2)
the granting
of the variance will not:
(i)
(significantly) increase or decrease
i
the rate or volume of surface water
runoff;
have a (significant) adverse impact
on a wetland, watercourse, or
i
waterbody;
j
(iii)
(significantly) contribute to the
degradation of water quality;
(iv)
otherwise (significantly) impair
,
attainment of the objectives of this
ordinance.
60
I�

Section Six: Contents of the Water Management Plan
(a) It is the responsibility of an applicant to
include in the Water Management Plan sufficient information
•
for the (local agency) to evaluate the environmental
characteristics of the affected areas, the potential and
predicted impacts of the proposed activity on community
waters, and the effectiveness and acceptability of those
measures proposed by the applicant for reducing adverse
impacts. The Water Management Plan shall contain maps,
•
charts, graphs, tables, photographs, narrative descriptions,
and explanations and citations to supporting references, as
appropriate to communicate the information required by this
section.
1
:(b) The Water Management Plan shall contain the name,
address, and telephone number of the owner and the
developer. In addition, the legal description of the
property shall be provided, and its location with reference
to such landmarks as major waterbodies, adjoining roads,
railroads, subdivisions, or towns shall be clearly
identified by a map.
(c) The existing environmental and hydrologic
conditions of the site and of receiving waters and wetlands
shall be described in detail, including the following:
•�
(1) the direction, flow rate, and volume of
stormwater runoff under existing
conditions
and, to the extent practicable,
I
predevelopment conditions;
(2) the location of areas on the site where
stormwater collects or percolates into the
•�
ground;
(3) a description of all watercourses,
waterbodies, and wetlands on or adjacent to
the site or into which stormwater flows.
Information regarding their water quality and
•
the current water quality classification, if
any, given them by the (Environmental
Management Commission) shall be included;
j
(4) groundwater levels, including seasonal
jfluctuations;
•
(5) location of flood plains;
-�
(6) vegetation;
(7) topography;
•
61

(8) soils.
(d) Proposed alterations of the site shall be
described in detail, including:
(1) changes in topography;
(2) areas where vegetation will be cleared or
otherwise killed;
(3) areas that will be covered with an impervious
surface and a description of the surfacing
material;
(4) the size and location of any buildings or
other structures.
(e) Predicted impacts of the proposed development on
existing conditions shall be described in detail, including:
(1) changes in water quality;
(2) changes in groundwater levels;
(3) changes in the incidence and duration of
flooding on the site and upstream and
downstream from it;
(4) impacts on wetlands; and
(5) impacts on vegetation.
(f) All components of the drainage system and any
measures for the detention, retention, or infiltration of
water for the protection of water quality shall be described
in detail, including:
(1) the channel, direction, flow rate, volume,
and quality of stormwater that will be
conveyed from the site, with a comparison to
existing conditions and, to the extent
practicable, predevelopment conditions;
(2) detention and retention areas, including
plans for the discharge of contained waters,
maintenance plans, and predictions of water
quality in those areas;
(3) areas of the site to be used or reserved for
percolation including a prediction of the
impact on groundwater quality;
(4) a plan for the control of erosion and
:a

r
sedimentation which describes in detail the
type and location of control measures, the
stage of development at which they will be
f put into place or used, and provisions for
their maintenance;
(5) any other information which the developer or
the (local agency) believes is reasonably
necessary for an evaluation of the
development.
Section Seven: Procedures and Fees
(a) Any person planning a development as defined in
this ordinance, unless exempted, shall submit a Water
Management Plan or an application for waiver to the (local
agency).
(b) Within ten (10) working days after submission of
the completed waiver application, the (local agency) shall
•
I
notify the applicant that the waiver has been approved or
denied and whether or not a Water Management Plan must be
submitted by the applicant.
rs>+;
(c) A permit fee will be collected at the time the
Water Management Plan or application for waiver is submitted
and will reflect the cost of administration and management
of the permitting process. The (governing authority) shall
establish, by resolution, a prorated fee schedule based upon
the relative complexity of the project. The fee schedule
j
may be amended from time to time by the (governing
J
authority) by resolution. Notice of such resolution shall
be published no less than fifteen (15) days prior to
adoption.
(d) Within thirty (30) days after submission of the
completed Water Management Plan, the (local agency) shall
approve, with or without specified conditions or
modifications, or reject the Plan and shall notify the
applicant accordingly. If the (local agency) has not
rendered a decision within thirty (30) days after Plan
submission, it shall inform the applicant of the status of
the review process and the anticipated completion date. If
the Plan is rejected or modified, the (local agency) shall
state its reasons. However, it is not the responsibility of
the (local agency) to design an acceptable project.
(e) The Water Management Plan shall not be approved
unless it clearly indicates the the proposed development
will meet the Performance Standards described in Section
I
Eight and the Design Standards described in Section Nine,
except where a variance has been granted pursuant to Section
Five, Subsection (d), or where off -site management is
W

approved pursuant to Section Ten.
(f) Inspections. No Water Management Plan may be
approved without adequate provision for inspection of the
property before development activity commences. The
applicant shall arrange with the (local agency) for
scheduling the following inspections:
(1)
Initial Inspection -- prior to approval of
the Water Management Plan;
(2)
Bury Inspection -- prior to burial of any
underground drainage structure;
(3)
Erosion Control Inspection -- as necessary to
ensure effective control of erosion and
sedimentation;
{
(4)
Finish Inspection -- when all work including
installation of all drainage facilities has
been completed.
The (local agency)
shall inspect the work and shall either
approve it or
notify the applicant in writing in what
respects there
has been a failure to comply with the
requirements of
the approved Water Management Plan. Any
portion of the
work which does not comply shall be promptly
corrected by the
applicant or the applicant will be subject
to the penalty
provisions of Section Thirteen.
(g) Appeals. Any person aggrieved by the action of
any official charged with the enforcement of this Ordinance,
as the result of the disapproval of a properly filed
application for a permit, issuance of a written notice of
violation, or an alleged failure to properly enforce the
Ordinance in regard to a specific application, shall have
the right to appeal the action to the (special hearing
examiner). The appeal shall be filed in writing within
twenty (20) days of the date of official transmittal of the
final decision or determination to the applicant, shall
state clearly the grounds on which the appeal is based, and
shall be processed in the manner prescribed for hearing
administrative appeals under (local or state code
provision).
i
Section Eight: Performance Standards
Water Management Plans must demonstrate the proposed
development or activity has been planned and designed and
will be constructed and maintained to meet each of the
following standards:
(a) Ensure that after development, runoff from the
64

L
oil
•
01
site approximates the rate of flow, volume, and timing of
runoff that would have occurred following the same rainfall
under existing conditions and, to the extent practicable,
predevelopment conditions, unless runoff is discharged into
an Off -site Drainage Facility as provided in Section Ten;
(b) Maintain the natural hydrodynamic characteristics
of the watershed;
(c) Protect or restore the quality of ground and
surface waters;
(d) Ensure that erosion during and after development
is minimized;
(e) Protect groundwater levels;
(f) Protect the beneficial functioning of wetlands as
areas for the natural storage of surface waters and the
chemical reduction and assimilation of pollutants;
(g) Prevent increased flooding and damage that results
from improper location, construction, and design of
structures in areas which are presently subject to an
unacceptable danger of flooding;
(h) Prevent or reverse salt water intrusion;
(i) Protect the natural fluctuating levels of salinity
in estuarine areas;
(j) Minimize injury to flora and fauna and adverse
impacts to fish and wildlife habitat;
(k) Otherwise further the objectives of this
Ordinance.
Section Nine: Design Standards
To ensure attainment of the objectives of this
Ordinance and to ensure that performance standards will be
met, the design, construction, and maintenance of drainage
systems shall be consistent with the following standards:
(a) Channeling runoff directly into waterbodies shall
be prohibited. Instead, runoff shall be routed through
swales and other systems designed to increase time of
concentration, decrease velocity, increase infiltration,
allow suspended solids to settle, and remove pollutants;
(b) Natural watercourses shall not be dredged, cleared
of vegetation, deepened, widened, straightened, stabilized,
or otherwise altered. Water shall be retained or detained
65

•
before it enters any natural watercourse in order to
preserve the natural hydrodynamics of the watercourse and to
prevent siltation or other pollution;
•
(c) The area of land disturbed by development shall be I
as small as practicable. Those areas which are not to be
disturbed shall be protected by an adequate barrier from
construction activity. Whenever possible, natural i
vegetation shall be retained and protected;
•
(d) No grading, cutting, or filling shall be commenced j
until erosion and sedimentation control devices have been
installed between the disturbed area and waterbodies,
watercourses, and wetlands;
(e) Land which has been cleared for development and •
upon which construction has not commenced shall be protected
from erosion by appropriate techniques designed to f
revegetate the area;
(f) Sediment shall be retained on the site of the
development;
(g) Wetlands and waterbodies shall not be used as
sediment traps during development;
'tS!J
(h) Erosion and sedimentation facilities shall receive
regular maintenance to insure that they continue to function Iproperly;
(i) Artificial watercourses shall be designed
considering soil type, so that the velocity of flow is low
enough to prevent erosion;
•
(j) Vegetated buffer strips shall be created or, where
practicable, retained in their natural state along the banks
of all watercouses, waterbodies, or wetlands. The width of
the buffer shall be sufficient to prevent erosion, trap the
sediment in overland runoff, provide access to the
waterbody,. and allow for periodic flooding without damage to
structures;
(k) Intermittent watercourses, such as swales, should
be vegetated;
(1) Retention and detention ponds shall be used to 0
retain and detain the increased and accelerated runoff which
the development generates. Water shall be released from
detention ponds into watercourses or wetlands at a rate and !
in a manner approximating the natural flow which would have
occurred before development; i
(m) Although the use of wetlands for storing and
66

•
purifying water is encouraged, care must be taken not to
overload their capacity, thereby harming the wetlands and
transitional vegetation. Wetlands should not be damaged by
the construction of detention ponds;
(n) The first one inch of runoff from impervious
surfaces shall be retained on the site of the development;
(o) Runoff from parking lots shall be treated to
•
remove oil and sediment before it enters receiving waters;
(p) Detention and retention areas shall be designed so
that shorelines are sinuous rather than straight and so that
the length of shoreline is maximized, thus offering more
j
space for the growth of littoral vegetation;
•
(q) The banks of detention and retention areas shall
slope at a gentle grade into the water as a safeguard
against drowning, personal injury, or other accidents, to
encourage the growth of vegetation, and to allow the
alternate flooding and exposure of areas along the shore as
•
water levels periodically rise and fall.
(r) The use of drainage facilities and vegetated
buffer zones as open space, recreation, and conservation
areas shall be encouraged.
•j
Section Ten: Off -Site Drainage Facilities
(a) The (local agency) may allow stormwater runoff
that is otherwise of unacceptable quality or which would be
discharged in volumes or at rates in excess of those
otherwise allowed by this Ordinance, to be discharged into
drainage facilities off the site of development if each of
the following conditions is met:
(1) it is not practicable to completely manage
runoff on the site in.a. manner that meets
the Performance Standards and Design
Standards;
(2) the off -site drainage facilities and channels
leading to them are designed, constructed,
and maintained in accordance with the
requirements of this ordinance;
(3) adequate provision is made for the sharing of
construction and operating costs of the
J facilities. The developer may be required to
pay a portion of the cost of constructing the
facilities as a condition of receiving
•� approval of the drainage plan;
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(4) adverse environmental impacts on the site of
development will be minimized.
(b) A request to use off -site drainage facilities and
all information related to the proposed off -site facilities
should be made a part of the developer's Water Management
Plan. Guidelines for the consideration of off -site facility
use will be defined in the Manual of Surface Water
Management Practices.
•
Section Eleven: Manual of Stormwater Management Practices
(a) The (local agency) shall compile a manual of
Stormwater Management Practices for the guidance of persons
preparing Water Management Plans and designing or operating •
drainage systems. The Manual shall be updated periodically
to reflect the most current and effective practices and
shall be made available to the public;
(b) The Manual shall include guidance and
specifications for the preparation of Water Management !�
Plans. Acceptable techniques for obtaining, calculating,
and presenting the information required in the Water
Management Plan shall be described;
(c) The Manual shall include guidance in the selection
of environmentally sound practices for the management of �•
stormwater and the control of erosion and sediment.
Specific techniques and practices shall be described in
detail. The development and use of techniques which
emphasize the use of natural systems shall be encouraged;
(d) The Manual shall also establish minimum
specifications for the construction of drainage facilities.
Construction Specifications shall be established in
accordance with sound engineering practices;
(e) The (local agency) shall submit the Manual and
subsequent revisions of it to the (local authority) for •
review and approval.
Section Twelve: Maintenance
(a) Drainage facilities shall be dedicated to the •
(governing authority) where they are determined to be
appropriately a part of the (local unit) maintained regional
system or are unlikely to be adequately maintained by the
developer or owner of the property.
(b) The systems maintained by the owner shall have i
adequate easements to permit the (local agency) to inspect
and, if necessary, to take corrective action should the
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E
owner fail to properly maintain the system. Before taking
corrective action, the (local agency) shall give the owner
written notice of the nature of the existing defects. If
the owner fails within thirty (30) days from the date of
notice to commence corrective action or to appeal the matter
to the (special hearing examiner), the (local agency) may
take necessary corrective action, the cost of which shall
become a lien on the real property until paid.
Section Thirteen: Enforcement
(a) Nuisance. Any development activity that is
commenced without prior approval of a Water Management Plan
j or is conducted contrary to an approved Water Management
Plan as required by this Ordinance, shall be deemed a public
nuisance and may be restrained by injunction or otherwise
abated in a manner provided by law.
(b) Civil and Criminal Penalties. In addition to or
as an alternative to any penalty provided herein or by law,
any person who violates the provisions of this Ordinance
shall be punished by a fine of not less than One Hundred
Dollars ($100) nor more than One Thousand Dollars ($1,000)
or by imprisonment in the county jail for a period not to
{� exceed sixty (60) days, or by both such fine and
imprisonment. Such person shall be guilty of a separate
offense for each day during which the violation occurs or
continues;
(c) Any violator may be required to restore land to
its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the
(local agency) may take necessary corrective action, the
cost of which shall become a lien upon the propoerty until
paid.
(d) Notice of Violation. When the (local agency)
determines that development activity is not being carried
out in accordance with the requirements of this Ordinance,
it shall issue a written notice of violation to the owner of
( the property. The notice of violation shall contain:
(1) the name and address of the owner or
applicant;
(2) the street address when available or a
description of the building, structure, or
land upon which the violation is occurring;
(3) a statement specifying the nature of the
�j violation;
j (4) a description of the remedial actions
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u
necessary to bring the development activity
into compliance with this Ordinance and a
time schedule for completion of such remedial
action;
(5) a statement of the penalty or penalties that
shall or may be assessed against the person
to whom the notice of violation is directed;
(6) a statement that the (local agency)
determination of violation may be appealed to
the (special hearing examiner) by filing a
written notice of appeal within fifteen (15)
days of service of notice of violation.
The notice of violation shall be served upon the
person(s) to whom it is directed either personally, in the
manner provided for personal service of notices by the court j
of local jurisdiction, or by mailing a copy of the notice of
violation by certified mail, postage pre -paid, return
receipt requested to such person at his or her last known
address.
A notice of violation issued pursuant to this section
constitutes a determination from which an administrative
appeal may be taken to the (special hearing examiner).
Section Fourteen: Severability •
Each separate provision of this Ordinance is deemed
independent of all other provisions herein so that if any
provision or provisions of this ordinance be declared
invalid, all other provisions thereof shall remain valid and •
enforceable.
Section Fifteen: Effective Date
This Ordinance shall become effective on
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