NCS000403_Post Construction Written Program_20220602

Town of Elon
Stormwater Program Information Sheet
Town of Elon Post Construction Stormwater Program Information Sheet
The Town of Elon is a NPDES Phase II Stormwater Permit holder. The Town is required to review new
development projects to determine concurrence with the Town's Permit. The Town's Post Development
Construction Stormwater Program is governed by the Town's Post -Construction Ordinance that was
adopted in 2007. Projects that are subject to this ordinance are reviewed for stormwater runoff
compliance according to the Development Ordinance, Post Construction Ordinance, the NC Division of
Water Quality BMP Manual, the Town's Storm Sewer Design Manual, the Town's Floodplain
Development Ordinance, the Town's Riparian Buffer Protection Ordinance, and good engineering
practice.
Projects that are not subject to the Town's Post Development Construction Ordinance are generally
those that do not disturb 1 acre during their construction. These projects are not required to comply
with the water quality aspect of the Post Development Construction Program. However, these projects
may be required to comply with the other aspects of sound stormwater design as described above in the
following highlights. It should be noted that projects that have a larger common plan of development
that exceeds 1 acre are NOT EXEMPT from the Post Development Construction Program.
General Notes on the Phase II Post Construction Program:
• Projects that are greater than 24% impervious (or built upon) are considered high density and
must treat the first 1" of runoff to 85% Total Suspended Solids (TSS) for the entire project. The
treatment area is to include the entire project area to the maximum extent practicable. High
Density projects must also match predevelopment discharge rates for the 1 year— 24 hour
storm as well as compliance with stream buffers and other items in the ordinance.
• Projects less than 24% impervious (or built upon) are considered low density and must use
vegetated conveyances to the maximum extent practicable as well as comply with stream
buffers and other items in the Ordinance.
• Streams shown on the USGS Quadmap OR the NRCS Soil Survey Map must comply with the
Jordan Lake Riparian Buffer Protection Ordinance.
Local Stormwater Design Manual Requirements
The Town has found the need to clarify some design requirements that may not be clear within the NC
DWQ BMP Manual or may not be required within the NC DWQ BMP Manual but the Town has seen the
need to require due to the Town's specific program.
• Peak runoff detention will be required when any of the following conditions are present:
o Projects exceed 25% of the drainage area to the property discharge point,
o Projects are upstream of known localized flooding areas, OR
o The project may have a significant localized flooding impact on downstream properties
or the environment.
• Peak runoff detention will be a minimum of post development runoff rates matching or being
less than the pre -development runoff rates for the 10-year storm event. Larger storm peak
runoff matching may be required as well.
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Town of Elon
Stormwater Program Information Sheet
• Even if detention is not required, the 10 year and 100 year storms will be evaluated and any
stormwater management devices (BMPs) will be required to adequately pass the storms.
• Site development is to maintain existing discharge points to the maximum extent practicable.
This includes matching of pre and post development discharge rates AND drainage area totals at
each discharge point to the maximum extent practicable.
• Water Quality Ponds are highly recommended to be designed for 90% TSS. Ponds sized only for
85% TSS will be required to fully comply with the NC DWQ BMP Manual, which will generally
require a 30' or 50' vegetative filter at the outlet of the pond. This filter strip must be outside of
the Riparian Buffer.
• Bio-retention Basins are highly recommended to be designed with Internal Water Storage to
enhance nutrient removal.
Jordan Lake Riparian Buffer Protection Requirements
• Streams shown on the USGS Quadmap OR the NRCS Soil Survey Map must comply with the
Jordan Lake Riparian Buffer Protection Ordinance.
• Note that the NRCS Soil Survey Map for Alamance County is from April 1960.
• The buffer is measured from the top of the bank, in all directions, as determined in the field.
• The Town of Elon will make stream determinations for reference to buffer applicability only. The
Town's jurisdiction is only from the top of bank outward from the stream.
• Owners, developers, and designers are encouraged to have streams delineated on their project.
Once the Town of Elon makes a determination that determination will be binding and any
disputes to the Town's determination must go through the regulated buffer appeal process.
• Zone 1 of the buffer extends from the top of bank outward 30' and is to remain undisturbed.
Zone 2 of the buffer extends from 30' away from the stream (Zone 1 limits) to 50' from the top
of bank and is to remain vegetated.
• Impacts to the buffer are described within the buffer ordinance and exempt, allowable, and
allowable with mitigation uses are included in the Table of Uses.
• Diffuse flow into the buffer is required, unless the flows are adequately treated by an
appropriate stormwater device.
Local Submittal Requirements
• Presubmittal Meetings are highly encouraged.
• Stormwater Submittals are reviewed by Josh Johnson, P.E. of Alley, Williams, Carmen, and King,
Inc. He can be contacted at [e-mail] or at (336)226-SS34.
• Submittals must include the following:
o Stormwater Application.
o Stormwater Calculation.
o Full Set of 24"x36" plans (not larger).
o Project and Stormwater Narrative.
o Stormwater Fee (if applicable).
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Town of Elon
Stormwater Program Information Sheet
• Stormwater BMP's require an Operation and Maintenance Agreement. The O&M Agreement
needs to be completed and submitted to the Town prior to plan approval.
• NCDENR's Storm EZ may be used for design purposes, with a predesign approval.
• Projects subject to the Phase II Construction Program must complete the Jordan/Falls Lake
Accounting Tool. Compliance with the tool is not required but completion of the tool is required.
The tool is available from NCDENR.
• AutoCAD .dwg files or shapefiles are required for water quality asbuilts. Adobe PDFs of
certifications and plan sheets should be included with the as-builts. As-builts should include
pictures of the bmp to visually verify the status of the bmp.
Exhibits
• Stormwater Management Chart.
• Post Construction Ordinance.
• Storm Sewer Design Manual.
• Floodplain Development Ordinance.
• Riparian Buffer Protection Ordinance.
• Riparian Buffer Exhibit.
• Stormwater Application.
• Stormwater Operation and Maintenance Agreement.
• Stormwater As -built Forms.
February 2015 Page 3

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Phase 11 Stormwater
Post- Construction Ordinance
Town of Elon
Adopted by the Board of Aldermen: March 13, 2007
Effective: July1, 2007

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Town of Elon 2 Phase Il Stormwater Ordinance

PHASE II STORMWATER ORDINANCE
Table of Contents
CHAPTER 1 - General Provisions.............................................................................
1
1.1
Title..............................................................................................................1
1.2
Authority......................................................................................................
1
1.3
Findings.......................................................................................................1
1.4
Purpose.......................................................................................................
2
1.5
Applicability and Jurisdiction........................................................................
3
1.6
Interpretation...............................................................................................4
1.7
Stormwater BMP Design Manual.................................................................
5
1.8
Relationship to Other Laws, Regulations and Private Agreements .............6
1.9
Severability..................................................................................................7
1.10
Effective Date and Transitional Provisions ..................................................
7
CHAPTER 2 - Administration and Procedures........................................................... 9
2.1 Review and Decision -Making Entities.......................................................... 9
2.2 Review Procedures...................................................................................... 9
2.3 Submittal of Complete Application............................................................. 11
2.4 Applications for Approval........................................................................... 12
2.5 Approvals...................................................................................................14
2.6 Appeals......................................................................................................15
CHAPTER 3 - Standards......................................................................................... 16
3.1 General Standards.................................................................................... 16
3.2 Development Standards for Low -Density Projects .................................... 16
3.3 Development standards for High -Density Projects .................................... 16
3.4 Standards for Stormwater Control Measures.............................................17
3.5 Dedication of BMP's, Facilities, and Improvements ................................... 18
3.6 Variances...................................................................................................18
3.7 Nutrient Sensitive Waters.......................................................................... 18
3.8 Nutrient Application Management Program ............................................... 19
3.9 On -site Wastewater Treatment Systems ................................................... 19
Town of Elon i Phase 11 Stormwater Ordinance

CHAPTER 4 - Maintenance.....................................................................................23
4.1 General Standards for Maintenance.......................................................... 23
4.2 Operation and Maintenance Agreement....................................................24
4.3 Inspection Program....................................................................................26
4.4 Performance Security for Installation and Maintenance ............................ 26
4.5 Notice to owners........................................................................................ 28
4.6 Records of Installation and Maintenance Activities....................................28
4.7 Nuisance....................................................................................................28
4.8 Maintenance Easement.............................................................................28
CHAPTER 5 - Enforcement and Violations.............................................................. 29
5.1 General......................................................................................................29
5.2 Remedies and Penalties............................................................................ 30
5.3 Procedures................................................................................................ 31
CHAPTER 6 - Definitions......................................................................................... 34
6.1 Terms Defined........................................................................................... 34
Town of Elon ii Phase 11 Stormwater Ordinance

CHAPTER 1 - General Provisions
1.1 Title
This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It
is referred to herein as "this ordinance."
1.2 Authority
The Town of Elon is authorized to adopt this ordinance pursuant to North Carolina
law, including but not limited to Ordinance 14, Section 5 of the Constitution of North
Carolina; North Carolina General Statutes 143-214.7; rules promulgated by the
Environmental Management Commission thereunder; Session Law 2006-246;
Chapter 160A, §§ 174, 185
1.3 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds
and increases stormwater runoff rates and volumes, flooding, soil erosion, stream
channel erosion, nonpoint and point source pollution, and sediment transport and
deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology which are harmful to public health and
safety as well as to the natural environment; and
These effects can be managed and minimized by applying proper design and well -
planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the
North Carolina Environmental Management Commission promulgated in response to
federal Phase II requirements, compel certain urbanized areas, including this
jurisdiction, to adopt the minimum stormwater controls such as those included in this
ordinance.
Therefore, the Elon Board of Aldermen establishes this set of water quality and
quantity regulations to meet the requirements of state and federal law regarding
control of stormwater runoff and discharge.
Town of Elon 1 Phase Il Stormwater Ordinance

1.4 Purpose
a.) General
The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment. It
has been determined that proper management of construction -related and
post -development stormwater runoff will minimize damage to public and
private property and infrastructure, safeguard the public health, safety,
and general welfare, and protect water and aquatic resources.
b.) Specific
This ordinance seeks to meet its general purpose through the following
specific objectives and means:
(1) Establishing decision -making processes for development that protect
the integrity of watersheds and preserve the health of water
resources;
(2) Requiring that new development and redevelopment maintain the
pre -development hydrologic response in their post -development state
as nearly as practicable for the applicable design storm to reduce
flooding, streambank erosion, nonpoint and point source pollution
and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function,
and use of structural stormwater BMPs that may be used to meet the
minimum post -development stormwater management standards;
(5) Encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for stormwater
and the preservation of greenspace, riparian buffers, and other
conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to
ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
Town of Elon 2 Phase 11 Stormwater Ordinance

inspection of approved projects, and to assure appropriate long-term
maintenance.
1.5 Applicability and Jurisdiction
a.) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, planned unit developments, and
subdivision applications within the corporate limits and extraterritorial
jurisdiction of the Town of Elon, unless exempt pursuant to Subsection (b)
of this Division, Exemptions, below.
b.) Exemptions
Development that cumulatively disturbs less than one acre and is not part
of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of development
or sale, even though multiple, separate or distinct activities take place at
different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the
federal Clean Water Act, as specified in 40 CFR 232 (primarily, ongoing
farming and forestry activities) are exempt from the provisions of this
ordinance.
c.) No Development or Redevelopment Until Compliance and Permit.
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development for
which a permit is required pursuant to this ordinance shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
d.) Stormwater Map
The provisions of this ordinance shall apply within the areas designated on
the map titled "Phase II Stormwater Map of Town of Elon, North Carolina"
("the Stormwater Map"), which is adopted simultaneously herewith. The
Town of Elon 3 Phase Il Stormwater Ordinance

Stormwater Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator
and shall be updated to take into account changes in the land area
covered by this ordinance and the geographic location of all structural
BMPs permitted under this ordinance. In the event of a dispute, the
applicability of this ordinance to a particular area of land or BMP shall be
determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary
ordinances.
1.6 Interpretation
a.) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific
purposes set forth in Section 1-4, Purpose. If a different or more specific
meaning is given for a term defined elsewhere in The Town of Elon's
development ordinances, the meaning and application of the term in this
ordinance shall control for purposes of application of this ordinance.
b.) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.
c.) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation
of this ordinance. Any person may request an interpretation by submitting
a written request to the Stormwater Administrator who shall respond in
writing within 30 days. The Stormwater Administrator shall keep on file a
record of all written interpretations of this ordinance.
d.) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute,
regulation, manual (including the Stormwater BMP Design Manual), or
document, it shall be construed as a reference to the most recent edition
of such that has been finalized and published with due provision for notice
and comment, unless otherwise specifically stated.
Town of Elon 4 Phase Il Stormwater Ordinance

e.) Computation of Time
The time in which an act is to be done shall be computed by excluding the
first day and including the last day. If a deadline or required date of action
falls on a Saturday, Sunday, or holiday observed by the Town of Elon, the
deadline or required date of action shall be the next day that is not a
Saturday, Sunday or holiday observed by the Town of Elon. References to
days are calendar days unless otherwise stated.
f.) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Town of Elon may be carried out by his or her designee.
g.) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing
an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions or events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in
the singular number include the plural number and the plural number
includes the singular number, unless the context of the particular usage
clearly indicates otherwise. Words used in the masculine gender include
the feminine gender, and vice versa.
h.) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the
lot lines of a lot or site.
1.7 Stormwater BMP Design Manual
a.) Reference to Stormwater BMP Design Manual
The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the
Stormwater Best Management Practices (BMP) Design Manual as the
Town of Elon 5 Phase Il Stormwater Ordinance

basis for decisions about stormwater permits and about the design,
implementation and performance of structural and non-structural
stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable
stormwater treatment practices, including the specific design criteria for
each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
b.) Relationship of Stormwater BMP Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the Stormwater BMP Design Manual
are more restrictive or apply a higher standard than other laws or
regulations, that fact shall not prevent application of the specifications or
guidelines in the Stormwater BMP Design Manual.
c.) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Stormwater BMP Design Manual are amended
subsequent to the submittal of an application for approval pursuant to this
ordinance but prior to approval, the new information shall control and shall
be utilized in reviewing the application and in implementing this ordinance
with regard to the application.
1.8 Relationship to Other Laws, Regulations and Private Agreements
a.) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance, rule,
regulation or other provision of law. Where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is more
restrictive or imposes higher protective standards for human or
environmental health, safety, and welfare shall control.
b.) Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of
this ordinance are more restrictive or impose higher standards or
Town of Elon 6 Phase 11 Stormwater Ordinance

requirements than such an easement, covenant, or other private
agreement, the requirements of this ordinance shall govern. Nothing in
this ordinance shall modify or repeal any private covenant or deed
restriction, but such covenant or restriction shall not legitimize any failure
to comply with this ordinance. In no case shall the Town of Elon be
obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
1.9 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
1.10 Effective Date and Transitional Provisions
a.) Effective Date
This Ordinance shall take effect on July 1, 2007.
b.) Final Approvals, Complete Applications
All development and redevelopment projects for which the Town of Elon
Technical Review Committee has recommended approval prior to the
effective date of this ordinance and which remains valid, unexpired,
unrevoked and not otherwise terminated at the time of development or
redevelopment shall be exempt from complying with all provisions of this
ordinance dealing with the control and/or management of post -
construction runoff, but shall be required to comply with all other
applicable provisions.
A phased development plan shall be deemed approved prior to the
effective data of this ordinance if it has been approved by all necessary
government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of
use for a specific parcel or parcels, including at a minimum, the
boundaries of the project and a subdivision plan that has been
approved.
(2) For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of
development would require a material change in that phase of the
plan.
Town of Elon 7 Phase 11 Stormwater Ordinance

c.) Violations Continue
Any violation of provisions existing on the effective date of this ordinance
shall continue to be a violation under this ordinance and be subject to
penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions of
this ordinance.
Town of Elon 8 Phase Il Stormwater Ordinance

CHAPTER 2 - Administration and Procedures
2.1 Review and Decision -Making Entities
a.) Stormwater Administrator
(1) Designation
The employee(s) or agent(s) designated by the Town of Elon to oversee
the administration and enforcement of this Ordinance.
b.) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the Town of Elon code and other laws, the Stormwater
Administrator shall have the following powers and duties under this
ordinance:
(1) To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this ordinance.
(3) To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the Elon Board of Aldermen on applications for
development or redevelopment approvals.
(4) To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
(5) To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and administration
of this ordinance.
(6) To provide expertise and technical assistance to the Elon Board of
Aldermen, upon request.
(7) To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of
this ordinance.
2.2 Review Procedures
a.) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment
unless exempt pursuant to this ordinance. A permit may only be issued
Town of Elon 9 Phase 11 Stormwater Ordinance

subsequent to a properly submitted and reviewed permit application,
pursuant to this section.
b.) Effect of Permit
A stormwater permit shall govern the design, installation, and construction
of stormwater management and control practices on the site, including
structural BMPs and elements of site design for stormwater management
other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and
control of stormwater for the development or redevelopment site
consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -
density design. The permit does not continue in existence indefinitely after
the completion of the project; rather, compliance after project construction
is assured by the maintenance provisions of this ordinance.
c.) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly
authorized agent.
d.) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content
and form of all applications and shall amend and update those
requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post -development stormwater
runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the
requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring -that there is
adequate time to review applications; and that the various stages in the
review process are accommodated.
Town of Elon 10 Phase Il Stormwater Ordinance

e.) Permit Review Fees
The Elon Board of Aldermen shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application,
and may amend and update the fees and policies from time to time.
f.) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this ordinance, and information on how and where to
obtain the Stormwater BMP Design Manual in an Administrative Manual,
which shall be made available to the public.
2.3 Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
a.) Review
Within 30 working days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve
the application. The Stormwater Administrator may impose conditions of
approval as needed to ensure compliance with this ordinance. The
conditions shall be included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply
with the standards of this ordinance, the Stormwater Administrator shall
notify the applicant and shall indicate how the application fails to comply.
The applicant shall have an opportunity to submit a revised application.
Town of Elon 11 Phase 11 Stormwater Ordinance

(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 working days after its re -submittal and shall
be approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days
from the date the applicant was notified, the application shall be
considered withdrawn, and a new submittal for the same or substantially
the same project shall be required along with the appropriate fee for a new
submittal.
One re -submittal of a revised application may be submitted without
payment of an additional permit review fee. Any re -submittal after the first
re -submittal shall be accompanied by a permit review fee additional fee,
as established pursuant to this ordinance.
2.4 Applications for Approval
a.) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete,
the Stormwater Administrator or developer may request a consultation on
a concept plan for the post -construction stormwater management system
to be utilized in the proposed development project. This consultation
meeting should take place at the time of the sketch or preliminary plan of
subdivision or other early step in the development process. The purpose
of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to
discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is
commenced. Watershed Overlay Districts and other relevant resource
protection plans should be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate
at a minimum: existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if
available); boundaries of existing predominant vegetation; proposed limits
of clearing and grading; and location of existing and proposed roads,
buildings, parking areas and other impervious surfaces.
Existing and proposed topography shall be shown at two -foot contour
intervals on the tract to be developed and a minimum of 100-feet beyond
Town of Elon 12 Phase 11 Stormwater Ordinance

the property lines. All contour information shall be based on mean sea
level and accurate to within one-half foot, The benchmark, with its
description and the datum, shall be clearly shown on the plan.
(2) Natural Resources Inventory
A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project.
This description should include a discussion of soil conditions, forest
cover, geologic features, topography, wetlands, and native vegetative
areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development
stormwater management system including: preliminary selection and
location of proposed structural stormwater controls; low impact design
elements; location of existing and proposed conveyance systems such as
grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of proposed stream
channel modifications, such as bridge or culvert crossings.
b.) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Section 3, Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil
scientist or landscape architect, and the engineer, surveyor, soil scientist
or landscape architect shall perform services only in their area of
competence,
The plans shall contain a signed and sealed statement certifying that the
design of all stormwater management facilities and practices will control
and treat the runoff from the from the first one inch of rain over the total
drainage area, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Stormwater BMP Design
Manual, and that the designs and plans ensure compliance with this
ordinance.
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The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 10-426.
c.) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall
be granted, the applicant shall certify, under seal, that the completed
project is in accordance with the approved stormwater management plans
and designs and with the requirements of this ordinance. The applicant
shall submit all of the information required in the As -Built submittal
checklist established by the Stormwater Administrator. A final inspection
and approval by the Stormwater Administrator shall occur before the
release of any performance securities.
d.) Other Permits
No certificate of compliance or occupancy shall be issued by the Town of
Elon without final as -built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the Town of Elon may elect
to withhold a percentage of permits or certificates of occupancy until as -
built plans are submitted and final inspection and approval has occurred.
2.5 Approvals
a.) Effect of Approval
Approval authorizes the applicant to go forward with only the specific
plans and activities authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.
b.) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval.
The Stormwater Administrator may grant a single, one-year extension of
this time limit, for good cause shown, upon receiving a written request
from the applicant before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant's vested rights.
Town of Elon 14 Phase 11 Stormwater Ordinance

2.6 Appeals
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance and made by the
Stormwater Administrator may file an appeal to the Board of Adjustment within 30
days.
Town of Elon 15 Phase Il Stormwater Ordinance

CHAPTER 3 - Standards
3.1 General Standards
All development and redevelopment to which this ordinance applies shall comply
with the standards of this section.
3.2 Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-four
percent built -upon area for all residential and non-residential development) shall
comply with each of the following standards:
a.) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
b.) All development shall beat a minimum of 50 feet landward of all perennial
surface waters and 30 feet landward of intermittent surface waters in
accordance with Section 3.14 of the Town of Elon Land Development
Ordinance.
c.) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future development
and redevelopment maintains the site consistent with the approved project
plans.
3.3 Development standards for High -Density Projects
High -density projects (any project that exceeds the low density thresholds for
dwelling units per acre or built -upon area) shall implement structural stormwater
management systems that comply with each of the following standards:
a.) Control and treat the runoff from the first one inch of rain;
b.) Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours;
c.) Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm;
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d.) All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of 85%
average annual removal for Total Suspended Solids (TSS);
e.) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Stormwater BMP Design
Manual;
f.) All development shall be at a minimum of 50 feet landward of all perennial
surface waters and 30 feet landward of intermittent surface waters in
accordance with Section 3.14 of the Town of Elon Land Development
Ordinance.
g.) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
In the event new development or redevelopment has, in the opinion of the
Stormwater Administrator or his designee, the potential to cause increased
downstream flooding and erosion, a structural stormwater management system will
be required that does not allow stormwater to leave the project site at a rate greater
than the predevelopment discharge rate for the ten-year, 24-hour storm.
3.4 Standards for Stormwater Control Measures
a.) Evaluation According to Contents of Stormwater BMP Design Manual
All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPs) required under this
ordinance shall be evaluated by the Stormwater Administrator according
to the policies, criteria, and information, including technical specifications
and standards and the specific design criteria for each stormwater
practice, in the Stormwater BMP Design Manual. The Stormwater
Administrator shall determine whether proposed BMPs will be adequate to
meet the requirements of this ordinance.
b.) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
Stormwater BMP Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this ordinance.
Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and
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specifications in the Stormwater BMP Design Manual, the applicant shall
have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to
provide the documentation, calculations, and examples necessary for the
Stormwater Administrator to determine whether such an affirmative
showing is made.
c.) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
3.5 Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of ht property or a legally
established property owner's association. Such facilities shall meet all the
requirements of this ordinance and include adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection and regular maintenance.
3.6 Variances
a.) Any person may petition the Town of Elon for a variance granting
permission to use the person's land in a manner otherwise prohibited by
this ordinance. To qualify for a variance, the petitioner must show all of the
following:
(1) Unnecessary hardships would result from strict application of this
ordinance.
(2) The hardships result from conditions that are peculiar to the property,
such as the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and
intent of this ordinance; will secure public safety and welfare; and will
preserve substantial justice.
b.) The Town of Elon may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
3.7 Nutrient Sensitive Waters
In addition to the standards for stormwater handling set out in the NCDENR
Stormwater BMP Design Manual, development and redevelopment shall be
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designed to implement the best stormwater practices that reduce nutrient loading,
while still meeting the other requirements of this ordinance.
3.8 Nutrient Application Management Program
a.) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the Town of Elon as follows.
(1) Persons who own or manage cropland areas for commercial
purposes;
(2) Persons who own or manage commercial ornamental and floriculture
areas and greenhouse production areas;
(3) Persons who own or manage golf courses, grassed public
recreational lands, grassed road or utility rights -of -way, or other
institutional lands totaling at least five acres in size;
(4) Persons hired to apply nutrients to the lands described in Sub -Items
(1) through (3) above or to residential, commercial, industrial or
institutional properties, if the total area of the properties served
exceeds 10 acres. This shall not apply to residential, commercial, or
industrial landowners who apply nutrients to their own property.
(5) Nutrient management consultants hired by persons listed in this Item
to provide nutrient management advice for lands in the Town's
jurisdiction.
b.) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
(1) Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
Town's jurisdiction shall either:
(A) Attend and complete nutrient management training pursuant to
Item (c) of this Section; or
(B) Complete and properly implement a nutrient management plan
for all lands to which they apply or manage the application of
nutrients, or for which they provide nutrient management advice,
pursuant to Item (d) of this Section.
(2) Persons who hire an applicator to apply nutrients to the land that they
own or manage shall either:
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(A) Ensure that the applicator they hire has attended and completed
nutrient management training pursuant to Item (c) of this
Section; or
(B) Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage
pursuant to Item (d) of this Section; or
(C) Complete a nutrient management plan for the land that they
own or manage pursuant to Item (d) of this Section and ensure
that the applicator they hire follows this plan.
c.) Nutrient Management Training
Persons who choose to meet this requirement by completing nutrient
management training shall meet the following requirements.
(1) Persons who are subject to this Ordinance as of its effective date,
and persons who become subject to this Ordinance after its effective
date, shall complete training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality within five years
and obtain a certificate from the training entity to that effect. Training
shall be sufficient to provide participants with an understanding of the
value and importance of proper management of nitrogen and
phosphorus, and the water quality impacts of poor nutrient
management, and the ability to understand and properly carry out a
nutrient management plan.
(2) Persons who become subject to this Ordinance after its effective date
shall complete the training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality and obtain a
certificate to that effect from the training entity within one year from
the date that they become subject verifying completion of training that
addresses the elements identified in Sub -Item (c)(1).
(3) Persons who fail to obtain the nutrient management certificate within
the required timeframes or who are found by the Stormwater
Administrator to have knowingly failed to follow nutrient management
requirements as referenced in Sub -Items (d)(1)(A) through (d)(1)(C)
of this section shall develop and properly implement nutrient
management plans pursuant to Item (e) of this Section.
(4) Training certificates must be kept on -site, at the job site, or be
produced within 24 hours of a request by the Town of Elon.
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d.) Nutrient Management Plans
Persons who choose to meet the nutrient application requirement by
completing and implementing a nutrient management plan shall meet the
following requirements.
(1) Persons who are subject to this Ordinance as of its effective date and
persons who become subject to this Ordinance after its effective date
shall develop and implement a nutrient management plan that meets
the following standards within five years of the effective date or within
6 months from the date that they become subject, whichever is later.
(A) Nutrient management plans for cropland shall meet the
standards and specifications adopted by the NC Soil and Water
Conservation Commission, including those found in 15A NCAC
06E .0104 and 15A NCAC 06F .0104, which are incorporated
herein by reference, including any subsequent amendments and
additions to such rules that are in place at the time that plans
are approved by a technical specialist as required under Sub -
Item (d)(2) of this section.
(B) Nutrient management plans for turfgrass shall follow the North
Carolina Cooperative Extension Service guidelines in "Water
Quality and Professional Lawn Care" (NCCES publication
number WQMM-155), "Water Quality and Home Lawn Care"
(NCCES publication number WQMM-151), or other equivalent
or more stringent guidance distributed by land-grant universities
for turfgrass management.
(C) Nutrient management plans for nursery crops and greenhouse
production shall follow the Southern Nurserymen's Association
guidelines promulgated in "Best Management Practices Guide
For Producing Container -Grown Plants" or guidelines distributed
by land-grant universities. The materials related to nutrient
management plans for turfgrass, nursery crops and greenhouse
production are hereby incorporated by reference including any
subsequent amendments and editions and are available for
inspection at the Department of Environment and Natural
Resources Library, 512 North Salisbury Street, Raleigh, North
Carolina.
(2) The person who writes the nutrient management plan shall have the
plan approved in writing by a technical specialist. Appropriate
technical specialists shall be as follows.
(A) Nutrient management plans for cropland using either inorganic
fertilizer or organic nutrients shall be approved by a technical
Town of Elon 21 Phase 11 Stormwater Ordinance

specialist designated pursuant to the process and criteria
specified in Rules adopted by the Soil and Water Conservation
Commission for nutrient management planning, including 15A
NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule.
(B) Nutrient management plans for turfgrass and nursery crops and
greenhouse production shall be approved by a technical
specialist designated by the Soil and Water Conservation
Commission pursuant to the process and criteria specified in
15A NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule. If
the Soil and Water Conservation Commission does not
designate such specialists, then the Environmental
Management Commission shall do so using the same process
and criteria.
(3) Nutrient management plans and supporting documents must be kept
on -site or be produced within 24 hours of a request by the Town.
3.9 On -site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on -site
wastewater treatment systems, a copy of the approved system permit issued by the
Alamance County Environmental Health Department shall be provided to the
Stormwater Administrator. On -site Wastewater Treatment Systems
Town of Elon 22 Phase 11 Stormwater Ordinance

CHAPTER 4 - Maintenance
4.1 General Standards for Maintenance
a.) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance
shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.
b.) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed
pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from one of the following persons performing services
only in their area of competence: a qualified registered North Carolina
professional engineer, surveyor, landscape architect, soil scientist, aquatic
biologist, or person certified by the North Carolina Cooperative Extension
Service for stormwater treatment practice inspection and maintenance.
The inspection report shall contain all of the following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each structural
BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or
landscape architect.
(7) Each annual report shall include a color photograph of each BMP.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built
certification.
Town of Elon 23 Phase 11 Stormwater Ordinance

4.2 Operation and Maintenance Agreement
a.) In General
Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to this ordinance, and prior to issuance of
any permit for development or redevelopment requiring a structural BMP
pursuant to this ordinance, the applicant or owner of the site must execute
an operation and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels
served by the structural BMP. Until the transference of all property, sites,
or lots served by the structural BMP, the original owner or applicant shall
have primary responsibility for carrying out the provisions of the
maintenance agreement.
The operation and maintenance agreement shall require the owner or
owners to maintain, repair and, if necessary, reconstruct the structural
BMP, and shall state the terms, conditions, and schedule of maintenance
for the structural BMP. In addition, it shall grant to the Town of Elon a right
of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the structural BMP; however, in no case shall the right of
entry, of itself, confer an obligation on the Town of Elon to assume
responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be referenced
on the final plat and shall be recorded with the county Register of Deeds
upon final plat approval. A copy of the recorded maintenance agreement
shall be given to the Stormwater Administrator within fourteen (14) days
following its recordation.
b.) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners' association, property
owners' association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions-
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement,
major repair, or reconstruction of the structural BMPs. If structural
BMPs are not performing adequately or as intended or are not
properly maintained, the Town of Elon, in its sole discretion, may
remedy the situation, and in such instances the Town of Elon shall be
Town of Elon 24 Phase 11 Stormwater Ordinance

fully reimbursed from the escrow account. Escrowed funds may be
spent by the association for sediment removal, structural, biological
or vegetative replacement, major repair, and reconstruction of the
structural BMPs, provided that the Town of Elon shall first consent to
the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial
construction cost of the structural BMPs. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the
structural BMPs. Funds shall be deposited each year into the escrow
account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down
from the escrow account shall be replaced in accordance with the
schedule of anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Town of Elon depending on the
design and materials of the stormwater control and management
facility.
(5) Granting to the Town of Elon a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6) Allowing the Town of Elon to recover from the association and its
members any and all costs the Town of Elon expends to maintain or
repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the Town of Elon all of its expended costs, after forty-
five days written notice, shall constitute a breach of the agreement.
In case of a deficiency, the Town of Elon shall thereafter be entitled
to bring an action against the association and its members to pay, or
foreclose upon the lien hereby authorized by the agreement against
the property, or both, in case of a deficiency. Interest, collection
costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Town of Elon
to maintain or repair any structural BMPs, and the Town of Elon shall
not be liable to any person for the condition or operation of structural
BMPs.
(8) A statement that this agreement shall not in any way diminish, limit,
or restrict the right of the Town of Elon to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of Elon for
any costs and injuries arising from or related to the structural BMP,
Town of Elon 25 Phase 11 Stormwater Ordinance

unless the Town of Elon has agreed in writing to assume the
maintenance responsibility for the BMP and has accepted dedication
of any and all rights necessary to carry out that maintenance.
4.3 Inspection Program
Inspections and inspection programs by the Town of Elon may be conducted or
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater,
and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
4.4 Performance Security for Installation and Maintenance
a.) Shall Be Required
The Town of Elon shall, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in order
to ensure that the structural BMPs are
(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) maintained by the owner as required by the operation and
maintenance agreement.
b.) Amount
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present
value of an annuity of perpetual duration based on a reasonable estimate
of the annual cost of inspection, operation and maintenance of the BMPs
Town of Elon 26 Phase 11 Stormwater Ordinance

approved under the permit, at a discount rate that reflects the jurisdiction's
cost of borrowing minus a reasonable estimate of long term inflation.
c.) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to initiate
or maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this
ordinance, or an operation and maintenance agreement established
pursuant to this ordinance.
(2) Default
Upon default of the ownerto construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator
shall obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of
funds shall only be made after requesting the owner to comply with the
permit or maintenance agreement. In the event of a default triggering the
use of installation performance security, the Town of Elon shall not return
any of the unused deposited cash funds or other security, which shall be
retained for maintenance.
(3) Costs in Excess of Performance Security
If Town of Elon takes action upon such failure by the applicant or owner,
the Town may collect from the applicant or owner the difference between
the amount of the reasonable cost of such action and the amount of the
security held, in addition to any other penalties or damages due.
(4) Refund
Within sixty days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, except any
amount attributable to the cost (plus 25%) of landscaping installation and
ongoing maintenance associated with the BMPs covered by the security.
Any such landscaping shall be inspected one (1) year after installation
with replacement for compliance with the approved plans and
specifications and, if in compliance, the portion of the financial security
attributable to landscaping shall be released.
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4.5 Notice to owners
a.) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded
with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and
maintenance agreement shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers
under generally accepted searching principles.
b.) Signage
Where appropriate in the determination of the Stormwater Administrator to
assure compliance with this ordinance, structural BMPs shall be posted
with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as to
remain visible and legible.
4.6 Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections, maintenance,
and repairs for at least five years from the date of creation of the record and shall
submit the same upon reasonable request to the Stormwater Administrator.
4.7 Nuisance
The owner of each stormwater BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a nuisance condition.
4.8 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made accessible
for adequate maintenance and repair by a maintenance easement. This access
maintenance easement shall have a minimum width of 20 feet, a maximum slope of
15%, be connected to public right-of-way, be cleared, and be traversable by
construction equipment. The easement shall be recorded and its terms shall specify
who may make use of the easement and for what purposes.
Town of Elon 28 Phase 11 Stormwater Ordinance

CHAPTER 5 - Enforcement and Violations
5.1 General
a.) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Town of
Elon. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of Town of
Elon.
b.) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment approval
or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance.
c.) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
d.) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively
or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this
ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies
and penalties set forth herein may include any architect, engineer, builder,
contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action,
so that a violation of this ordinance results or persists; or an owner, any
tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the
violation occurs.
For the purposes of this Ordinance, responsible person(s) shall include
but not be limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
Town of Elon 29 Phase Il Stormwater Ordinance

An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains
a condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for stormwater
controls or practices pursuant to a private agreement or public document,
or any person, who has control over, or responsibility for, the use,
development or redevelopment of the property.
5.2 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law,
and may be exercised in any order.
a.) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to
issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized agent may
withhold, and the Planning Board of the Town of Elon may disapprove,
any request for permit or development approval or authorization provided
for by this ordinance or the Planning Board of the Town of Elon for the
land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Town Attorney, with the authorization of the Board of Aldermen, may
institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this
ordinance. Any person violating this ordinance shall be subject to the full
range of equitable remedies provided in the General Statutes or at
common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
Town of Elon 30 Phase 11 Stormwater Ordinance

If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Stormwater Administrator, with the
authorization of the Board of Aldermen, may cause the violation to be
corrected and the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain in
effect until the person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such
violation or violations.
b.) Civil Penalties
In addition to other remedies cited in this ordinance for the enforcement of
its provisions, the regulations and standards in this ordinance may be
enforced through the issuance of civil penalties by the Stormwater
Administrator. Subsequent citations for the same violation may be issued
by the Stormwater Administrator if the offender does not pay the citation
after it has been issued, unless the offender has sought an appeal to the
actions of the Stormwater Administrator through the Board of Adjustment.
Once the ten-day warning period has expired, each day which the
violation continues will subject the violator to additional citations to be
issued by the Stormwater Administrator. The penalties are established in
Section 8.3.3.2(G) of the Town of Elon Land Development Ordinance.
c.) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law.
5.3 Procedures
a.) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint shall
state fully the alleged violation and the basis thereof, and shall be filed
with the Stormwater Administrator, who shall record the complaint. The
complaint shall be investigated promptly by the Stormwater Administrator.
Town of Elon 31 Phase 11 Stormwater Ordinance

b.) Inspection
The Stormwater Administrator shall have the authority, upon presentation
of proper credentials, to enter and inspect any land, building, structure, or
premises to ensure compliance with this ordinance.
c.) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or
land is in violation of this ordinance, the Stormwater Administrator shall
notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the
violation is occurring, order the necessary action to abate the violation,
and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil
penalties to be assessed, the time of their accrual, and the time within
which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the Town Police Department, Town
Planning Department, by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents by
Rule 4 of the North Carolina Rules of Civil Procedure.
Note that if the administering unit is adopting this stormwater ordinance
under its planning and zoning authority or is administering it as part of its
building code enforcement program, it should consider whether it needs to
follow the notice and opportunity to respond procedure set out in G.S.
160A-441 et seq. See Newton v. Winston-Salem, 92 N.C. App. 446
(1988).
If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may take
appropriate action under this ordinance to correct and abate the violation
and to ensure compliance with this ordinance.
d.) Extension of Time
A person who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the
Stormwater Administrator a written request for an extension of time for
correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the
Town of Elon 32 Phase 11 Stormwater Ordinance

violation, up to, but not exceeding 30 days. The Stormwater
Administrator may grant 15 -day extensions in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due
to circumstances beyond the control of the person violating this ordinance.
The Stormwater Administrator may grant an extension only by written
notice of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject to
the penalties described in the notice of violation and correction order.
e.) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s)
if authorized by the Stormwater Administrator, the Stormwater
Administrator shall determine if the violation is corrected. If the violation is
not corrected, the Stormwater Administrator may act to impose one or
more of the remedies and penalties authorized by this ordinance.
f.) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public
health, safety, or welfare, then the Stormwater Administrator may order
the immediate cessation of a violation. Any person so ordered shall cease
any violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any remedy
or penalty authorized by this Ordinance.
Town of Elon 33 Phase Il Stormwater Ordinance

CHAPTER 6 - Definitions
6.1 Terms Defined
When used in this Ordinance, the following words and terms shall have the meaning
set forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Applicator
Person who applies fertilizer to the land or the immediate supervisor of such person.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel
areas such as roads, parking lots, and paths; and recreation facilities such as tennis
courts. "Built -upon area" does not include a wooden slatted deck, the water area of a
swimming pool, or pervious or partially pervious paving material to the extent that
the paving material absorbs water or allows water to infiltrate through the paving
material.
Consultant
Person who is hired to provide professional advice to another person.
Department
The North Carolina Department of Environment and Natural Resources.
Stormwater BMP Design Manual
The Stormwater Best Management Practice Design Manual approved for use in
Phase I I jurisdictions by the Department for the proper implementation of the
requirements of the federal Phase 11 stormwater program. All references herein to
the Stormwater BMP Design Manual are to the latest published edition or revision.
Development
Any land disturbing activity which adds to or changes the amount of impervious or
partially pervious cover on a land area or which otherwise decreases the infiltration
of precipitation into the soil, other than rebuilding activity that does not qualify as
redevelopment.
Town of Elon 34 Phase 11 Stormwater Ordinance

Division
The Division of Water Quality in the North Carolina Department of Environment and
Natural Resources.
High -density project
Any project that exceeds the low density threshold for dwelling units per acre or
built -upon area.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land disturbing
activities will occur under one plan. A plan is any announcement or piece of
documentation (including but not limited to a sign, public notice or hearing, sales
pitch, advertisement, loan application, drawing, permit application, zoning request, or
computer design) or physical demarcation (including but not limited to boundary
signs, lot stakes, or surveyor markings) indicating that construction activities may
occur on a specific plot.
Low -density project
A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development. A project
with an overall density at or below the relevant low -density threshold, but containing
areas with a density greater than the overall project density, may be considered low
density as long as the project meets or exceeds the post -construction model
practices for low -density projects and locates the higher density in upland areas and
away from surface waters and drainageways to the maximum extent practicable.
1-year, 24-hour storm
A stormwater event which occurs on average once every year or statistically has a
100% chance on average of occurring in a given year. The 1-year, 24 hour storm
produces approximately 3.0 inches of rain in the Elon area.
Redevelopment
Any development on previously -developed land , other than a rebuilding activity that
results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development
Runoff
The water from rain, snowmelt or irrigation that flows over the land surface and is not
absorbed into the ground, instead flowing into streams or other surface waters or
land depressions.
Town of Elon 35 Phase 11 Stormwater Ordinance

Stormwater BMP Design Manual
The Stormwater BMP Design Manual approved for use in Phase II jurisdictions by
the North Carolina Department of the Environment and Natural Resources -Division
of Water Quality for the proper implementation of the requirements of the federal
Phase II stormwater program. All references herein to the Stormwater BMP Design
Manual are to the latest published edition or revision.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial
lessee, or any other person or entity holding proprietary rights in the property or
having legal power of management and control of the property. "Owner" shall include
long-term commercial tenants; management entities, such as those charged with or
engaged in the management of properties for profit; and every person or entity
having joint ownership of the property. A secured lender not in possession of the
property does not constitute an owner, unless the secured lender is included within
the meaning of "owner" under another description in this definition, such as a
management entity_
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff; to alter or reduce stormwater runoff veloTown, amount, timing, or other
characteristics; to approximate the pre -development hydrology on a developed site;
or to achieve any combination of these goals. Structural BMP includes physical
practices such as constructed wetlands, vegetative practices, filter strips, grassed
swales, and other methods installed or created on real property. "Structural BMP" is
synonymous with "structural practice", "stormwater control facility," "stormwater
control practice," "stormwater treatment practice," "stormwater management
practice," "stormwater control measures," "structural stormwater treatment systems,"
and similar terms used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and
conducting grading activity on a continuous basis and not discontinued for more than
thirty (30) days; or installation and approval of on -site infrastructure; or obtaining a
building permit for the construction and approval of a building foundation.
"Substantial progress" for purposes of determining whether an approved plan is null
and void is not necessarily the same as "substantial expenditures" used for
determining vested rights pursuant to applicable law.
Town of Elon 36 Phase Il Stormwater Ordinance

Town of Elon 37 Phase Il Stormwater Ordinance

TOWN OF ELON
STORM SEWER DESIGN
MANUAL
SEPTEMBER, 2005

TOWN OF ELON STORM SEWER DESIGN MANUAL
STORM SEWER DESIGN MANUAL
The purpose of this manual is to set forth a uniform procedure
for designing and checking the designs of proposed storm sewer systems for
the Town of Elon. Individuals are to use this manual in the preliminary
layout of storm sewer design to minimize revisions during the review
process. It is not the intent of this manual to provide an explanation for
every design problem encountered, nor is it a substitute for experience,
sound judgement, and engineering knowledge.
The Town of Elon will use these guidelines along with sound
engineering principles to review the detailed drawings submitted for review.
These standards shall apply to all storm sewer design installations within the
Town of Elon. Any deviation to these design standards must have written
approval by the Town Engineer prior to construction.
1

TOWN OF ELON STORM SEWER DESIGN MANUAL
Table of Contents
PURPOSE
1
TABLE OF CONTENTS
2
INTRODUCTION
5
DESIGN PROCEDURES
6
DETERMINATION OF DISCHARGE
6
THE RATIONAL METHOD
6
COEFFICIENT OF RUNOFF
6
RAINFALL INTENSITY
7
DRAINAGE AREA
7
AVERAGE VALUES OF THE RUNOFF COEFFICENT
8
RAINFALL INTENSITY -DURATION -FREQUENCY CURVES
9
100 YEAR RETURN PERIOD
10
50 YEAR RETURN PERIOD
11
25 YEAR RETURN PERIOD
12
10 YEAR RETURN PERIOD
13
BASIN LAG -TIME METHOD
14
ESTIMATING BASIN LAG -TIME
15
ESTIMATING 10-YEAR FLOOD -PEAK DISCHARGE
16
ESTIMATING 25-YEAR FLOOD -PEAK DISCHARGE
17
ESTIMATING 50-YEAR FLOOD -PEAK DISCHARGE
18
ESTIMATING 100-YEAR FLOOD -PEAK DISCHARGE
19
2

DETERMINATION OF GUTTER CAPACITY
21
26' F — F STREET WIDTH
22
(WITH PLANNING BOARD APPROVAL ONLY FOR CUL-DE-SAC)
30' F — F OR STREET WIDTH
23
36' F — F OR LARGER STREET WIDTH
24
DETERMINATION OF INLET CAPACITY
25
GENERAL RULES FOR LOCATING CURB INLETS
26
CAPACITY OF CURB OPENING INLETS AT A SUMP
28
K VALUES FOR GRATE WITH HOOD
29
CAPACITY OF GRATE WITH HOOD
30
YARD INLETS
31
DETERMINATION OF PIPE SIZES
32
COEFFICIENT OF ENTRANCE LOSS Ke
34
CIRCULAR CONCRETE PIPE, FLOWING FULL (n=0.012)
35
CIRCULAR CMP, FLOWING FULL (n=0.021)
36
CMP, FLOWING FULL (n=0.023)
37
SOLUTION OF MANNING FORMULA
38
CULVERT DESIGN -INLET CONTROL
BOX CULVERTS
39
CONCRETE PIPE CULVERTS
40
OVAL CONCRETE PIPE CULVERTS — LONG AXIS HORIZONTAL
41
OVAL CONCRETE PIPE CULVERTS — LONG AXIS VERTICAL
42
CORRUGATED METAL PIPE CULVERTS
43
3

CULVERT DESIGN -OUTLET CONTROL
CONCRETE BOX CULVERTS 44
CONCRETE PIPE CULVERTS 45
STORM DRAINAGE DESIGN REQUIREMENTS 46
ADDITIONAL REQUIREMENTS FOR DRAINAGE PLANS 50
STORM DRAINAGE DESIGN DATA SHEET 52

TOWN OF ELON STORM SEWER DESIGN MANUAL
Introduction
In the field of storm drainage design, there are numerous methods and theories to
which engineers may refer. To simplify design and review processes, the procedures for
design and construction are presented in this manual. It is not required that engineers
designing storm drainage installation adhere to these methods; however, the methods
presented in this manual will be considered minimum design standards and any other
methods must equal or surpass these design standards.
Presented in this manual are procedures, charts, and tables, which will be helpful
in the design of commercial and residential developments in Elon. Also listed are
requirements concerning storm drainage design and construction.

TOWN OF ELON STORM SEWER DESIGN MANUAL
DESIGN PROCEDURES
The procedures presented in this manual will consist of four distinct and separate
steps to storm drainage design as it is applied to the storm sewer system for the Town of
Elon. In cases where roadway drainage is not a consideration, some of the steps will not
apply.
1) Determine the amount of water discharged at the point of design. This is basic to
the hydraulic design of any drainage structure whether it is a channel, culvert,
pipe system, or an inlet.
2) Determine the capacity of the gutter and allowable roadway area to transport the
quantity of runoff collected on the roadway.
3) Determine the intake capacity of the inlet structure receiving the runoff.
4) Determine the actual size for the discharge pipe based on the calculated discharge
and the most economical slope.
DETERMINATION OF DISCHARGE
The Town of Elon uses two methods for determining storm drainage, discharge
design depending on whether the drainage basin is above or below 200 acres in area. Use
the Rational Method for areas under 200 acres and the Basin Lag -time Method for areas
over 200 acres.
The Rational Method
(Method for Estimating Rainfall Runoff in Drainage Areas Under 200 Acres)
The Rational Formula is:
Q=CIA
Where Q = peak discharge of drainage basin in cubic feet per second (cfs)
C = coefficient of runoff
I = intensity of rainfall in inches per hour for a storm of a given
frequency and duration equal to the time of concentration
A = area of drainage basin in acres
When selecting representative values used in the rational formula, consider the following:
1) Coefficient of Runoff = C
A list of runoff coefficients to be used in design computations is shown on page 8.
Select a C value coinciding with the characteristics of the drainage area after
development. When the drainage area involves a combination of coefficients a
weighted average must be computed. The type of land and development used in
selecting a C value will be compatible with the current zoning maps.

TOWN OF ELON STORM SEWER DESIGN MANUAL
2) Rainfall Intensity = I
There is a direct relationship between rainfall intensity and the time of
concentration. The duration of the design storm is equal to the time of concentration of
the drainage basin in question. The time of concentration is the time required for a
particle of water to flow from the most remote point in any section of the drainage area to
the point of design.
A velocity of 8-feet per second would provide a reasonable design velocity for
determining the time of concentration throughout the watershed of the Elon area. Since
8-feet per second = 480 ft./min., a design figure of 500 ft./min. is actually used to
simplify computations.
A further assumption is made that in the uppermost reaches of the watershed
where the following applies. The sheet velocity of the runoff will be such that it will
travel 800-feet in 10 minutes in business areas and 500-feet in 10 minutes in residential
areas, before being collected in well-defined watercourses where its velocity will then be
500 ft./min.
As an example of application, suppose that in a residential area it is found by
scaling from a 200-foot scale topographic map that the distance from the ridgeline to a
point on a watercourse is 3000-feet. The time of concentration will be found as follows:
3000 ft.
- 500 ft. = 10 min.
2500 ft. @ 500 ft./min = 5 min.
Time of concentration = 15 min.
Using the time of concentration determine the rainfall intensity (I) from the
appropriate rainfall and runoff chart found on pages 9 — 13. Storm sewer systems
carrying street or public runoff are to be designed to carry a 10-year return period storm.
This requirement will apply to all public and private developments.
3) Drainage Area = A
The acreage of the watershed in question can be computed from topographic maps
by marking the ridgelines and planimetering the designated areas. Provide copies of the
drainage area delineation mapping.
Once the values for C, I, and A are determined it is a simple procedure to
calculate the peak discharge rate for the site using the equation, Q = CIA.

TOWN OF ELON STORM SEWER DESIGN MANUAL
AVERAGE VALUES OF THE RUNOFF COEFFICIENT
Below are the runoff coefficients to be used in calculating storm water runoff. All
drainage must be designed based on proposed land use for the entire drainage basin and
be assumed to be developed.
Type of Development:
Residential, Single Family
Apartments, Condominiums, and Industrial Parks
Paved Areas (Downtown Areas, Shopping Centers, etc.)
Playgrounds, Parks, Cemeteries, etc.
Storm Draina e�gn Return Period
Street Runoff Drainage Systems
Drainage Structures for Main Drainage Channels
Runoff Coefficient
0.65
0.80
0.95
0.40
10-years
100-years
The finished floor elevation of all permanent structures and adjacent grade must
be constructed a minimum of two feet above the 100-year flood elevation as established
by the U.S. Army Corps Engineers or as established by flood studies.
In those areas with no flood study, the finished floor elevation of all permanent
structures must be constructed at least 2 ft. above the elevation of the downstream
roadway or embankment and must be at least 2 ft. above the highest adjacent grade.

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JuF

TOWN OF ELON STORM SEWER DESIGN MANUAL
Basin Lag -Time Method
(Method for Estimating Rainfall Runoff in Drainage Areas Over 200 Acres)
The Basin Lag -Time Method is a mathematical regression model developed for
the Piedmont Area of North Carolina by the United States Geological Survey. This
method is acceptable in calculating rainfall runoff rates for drainage areas greater in area
than 200 acres. Details of the Basin Lag -Time Method, prepared by the U.S. Geologic
Survey, can be found in the 1972 open file report, Effect of Urban Development on
Floods in the Piedmont Province of North Carolina, by Arthur L. Putnam.
The Basin Lag -Time Method is a combination of two steps leading to the
calculation of peak discharge rates for the two, five, ten, fifteen, twenty, twenty-five, fifty
and one -hundred year floods.
The two steps include:
1) The estimation of basin lag -time which is the average time interval in hours,
between the occurrence of peak rainfall and the resultant peak runoff.
The equation for estimating Basin Lag -Time is:
T = 0.49 (LN S).11I-.57
T = Lag -Time in hours
L = Length of main water course in miles
S = Stream bed slope of the main water course in feet per mile
I = Ratio of the area of impervious cover to the total drainage area
2) Q2
= 221 A 0.87 x T -0.60
Q20 =
735 A 0.72 x T -0.43
Q5
= 405 A 0"o x T. -0.52
Q25 =
790 A 0.71 x T -0.42
Q10
= 560 A 0.76 x T -0.48
Q50 =
990 A 0.67 x T -0.37
Q5
= 630 A 0.74 x T -0.45
Q100 =
1200 A 0.63 x T. -0.33
QI = Peak discharge for the flood having the recurrence interval indicated
By the subscript in cfs.
A = Drainage Area in square miles
T = Lag -Time in hours
Pages 19 — 25 include a set of nomographs with an example, which can be used in
lieu of the above formulas.
14

TOWN OF ELON SITORMSEUM DESIGNMANUAL
NomagMuh for_Eatimatina Basin Lam e
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TOWN OF ELON
STORMSEWER DESIGNMANUAL
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TOWN OF ELON
S°TORMS+UHM DESIGNMANUAL
NomogMiph for Estimat i 26- ear Flood -Peak Dischar
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17

TOWN OF ELON
,STO"SEW RDESIGNM9NU.9L
Nomograph for Estimating
60-vear Flood -Peak Discharge
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t-TOSV X OF EL ON -
STo"sEWER DESIGNMANUAL
Nomogogh for -Estimating I00-year Flood -Peak Dischargre
A
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T
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19

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The following example illustrates the use of the Basin Lag -Time Nomographs:
1) Find the 25-year flood -peak discharge given the following Drainage Basin
Information:
A = 2.72 square miles
I = 40 (impervious area)
L = 2.66 miles from the design site to the rim of the Drainage Basin.
0.27 miles from the design site to a point that is 10 percent of the distance
to the rim of the drainage basin.
2.26 miles from the design site to a point that is 85 percent of the
distance to the rim of the drainage basin.
Elevation = 605 feet at the point that is 10 percent of the distance to the rim of the
drainage basin.
686 feet at the point that is 85 percent of the distance to the rim of the
drainage basin.
2) Compute Slope:
686 ft — 605 . t 81 ft
S = _ = 41.0 ft. per mile
2.26 mi — 0.27 mi 1.99 mi
3) Compute Length -Slope factors:
L _ 2.66 41.0 0.42
4) Determine lag -time from page 15, plot the value of impervious cover, I = 40, on the
scale at the right; then plot the value of the length -slope factor, US = 0.42, on the
scale at the left. Connect these two points with a straight line and read the lag -time
value, T-0.53 hours, on the center scale.
5) Determine the 25-year flood -peak discharge from page 17. Plot the value of lag -time,
T = 0.53 hours, on the scale at the right; then plot the value of drainage area, A — 2.72
square miles, on the scale at the left. Connect these two points with a straight edge
and read the 25-year flood -peak discharge value, Q25 = 1100 cubic feet per second, on
the center scale.
It would be advisable that the answer be verified with the appropriate equation, until
the use of the nomographs is understood.
20

TOWN OF ELON STORM SEWER DESIGN MANUAL
DETERMINATION OF GUTTER CAPACITY
The capacity of the gutter and roadway pavement is dependent upon the physical
characteristics of the facility in question. The cross slope of the pavement section, the
slope of the gutter, the longitudinal grade and the roughness interrelate to determine the
runoff carrying capacity of a street section. Equations and nomographs have been
derived based on these parameters, as well as the depth of flow at the curb and the spread
of water in the street.
Since the depth of flow and/or the spread into the street are normally the
controlling factors, the approach taken for this section was to set limits for speed and
develop tables showing the quantity of runoff allowable for the more commonly used
street sections. Two limits have been set for this purpose. The first is that the flow shall
not encroach within 8-feet of the street centerline. The second limit is that the width of
flow shall not exceed 10-feet from the face of curb.
Curb inlets will be spaced so that these two limits will not be exceeded during a
10-year design storm. In special cases where flow is allowed to bypass inlets on a
continuous slope, inlets located downhill in the sump will be designed to handle that
extra flow. Normally, multiple inlets are not allowed. If there is enough flow to require
multiple inlets, the gutter capacity requirements probably have been exceeded.
Using the maximum width of flow for a given street width, the maximum depth of
flow can be determined for various pavement cross slopes. Using the maximum depth
and spread to find the area (a) and the hydraulic radius (R) in the equation for open
channel flow we have the maximum flow as a constant (for the given cross slope)
multiplied by the longitudinal slope taken to the 1/2 power.
Example:
Given:
Street width 30' F-F
S, (Transverse Slope) = 0.25 ft./ft.
SL (Longitudinal Slope) = 2% or .02 ft./ft.
Find:
Q,, (Maximum allowable flow)
Q _ A 1.486 R 2/3 s'/2
n
Using 7 ft. for
maximum spread and .208 for maximum depth.
A_C(.208+.125)
(2)111+(.125
(5)=.646sf
P=
7.208 ft
646
R _
= 0.0896
7.208
Q=6.46x1.486x(0.0896)
2/3xS1/2
0.15
Q=12.80xS1/2
fors=.02 Q=12.80x(.02)1/2=1.8lcfs
21

TOWN OF ELON STORMSEWER DESIGNMANUAL
Using this method, tables have been developed showing maximum flow rates for
different combinations of cross slope and longitudinal. slope for three common street
widths. Using these tables, the designer can quickly detetmine if the calculated flow
is allowable at the designated location'. {
Gutter Capacity for Streets with 2'-6" Standard Curb and Gutter
Street Width (Face. to Face) 26 ft
Centerline Encroachment Limit 8 ft
Maximum Spread 5 ft
E
Cross Slope (%)
1.5 2 2.5 3 3.5 4
. 0.128 0.143 0.158 0.173 0.188 0.203
Maximum
Flow in Gutter at Maximum S read .
cfs
Longitudinal
Slope
oss Slope (/o)
Cro
C/o)
1.5
2
2.5
3
..3.5
4
- - 0.22
0.30
0.40
0.50
0.62
0.74
0.5
0.6
0.24
0.33
0.44
0.55
0.68
0.81
0.8
0.28
0.38
0.51
0.64
0.78
0.94
1
0.31
0.43
0.57.
0.71
0.88
1.05
1.25
-0.35
0..48
0.63
0.80
0.98
1.17
1S
0.39
0.53
0.69
0.87
1.67
1.29
1.75
0.41
0.57
0.75
0.94
1.16
1.39
2
0.44
0.61
0.80
1.01
1.24
1.49
2.5
0.49
0.68
0.89
1.13
1.38
1.66
3
0.54
0.75
0.98
1.24
1.52
1.82
3.5
0.58
0.81
1.06
1.34
1.64
1.96
4
0.62
0.86
1.13
1.43
1.75
2.10
4.5
0.66
0.91
1.20
1.51
1.86
2.23
5
0.69
0.96
1.26
1.60
1.96
2.35
5.5
0.73
L01
1.33
1.67
2.05
2.46
6
0.76
1.05
1.39
1.75
2.15
2.57
22

TOWN OF ELON STORMSEWER DESIGNNfANUAL
Gutter Capacity for Streets with 2'-¢" Standard Curb and Gutter
. Street Width (Face to Face) 30 fL
Centerline Encroachment Limit ' 8 tt.
Maximum Spread 7 ft
Maximum
Depth
(ft.)
Cross Slope (%)
1.51 2 2.5 3 3.5 4
0.158 0.183 0.208 0.233 0.258 0.283
Maximum
Flow in Gutter at Maximum Spread (cfs)
Longitudinal
Slope
o
Cross Slope (/o)
(%)
1.5
•2
2.5
3
3.5
4
0.45
0.66
0.91
1.18
1.48
1.81
0.5
0.6
0.49
0.72
0.99
1.29
1.62
1.98
0.9
0.56
0.83.
1.15,
1.49
1.88
2.29
1
0.63
a93
1.28
1.67
2.10
2.56
1.25
0.70
1.04
1.43
1.87
2.35
2.86
1.5
0.7.7
1.14.
1.57
2.04
2.57
3.14
1.75
0.93
1.23
.1.69
2.21
2.77
3.39
2
0.89
1.32
1.81.
2.36
2.97
3.62
2.5
1.00
1.48
2.02
2.64
3.32
4.05
3
1.09
1.62
2.22
2.89
3.63
4.44
3.5
1.18
1.75
2.40
3.12 •
3.92
4.79
4
1.26
1.87
2.56
3.34
4.20
5.12
4.5
1.34
1.98
2.72
3.54
4.45
: 5.44
5
1.41
2.09
2.86
3.73
4.69
5.73
5.5
1.48
2.19
3.00
3.92
4.92
6.01
6
1.54
2.29
3.14
4.09
5.14
6.28
23

TOWN OF 1;LON S'TO"SEWER DESIGNMANUAL
Gutter Capacity for Streets with V-¢" Standard Curb and Gutter
Street Width (Face to Face) 40 ft.
Centerline Encroachment Limit $ ft
Maximum Spread 10 ft
um
MDepth
Cross Slope (%)
1.5 2 2.5 3 3.5 4
0.203 0.243 0.283 0.323 0.363 0.403
Maximum Flow in Gutter at Maximum Spread (cfs)
Longitudinal
Slope
(%)
0.5
1.5
2
Cross Slope (%)
2.5 3
3.5
4
1.03 1.59 2.24 2.98 3.79
4.68
0.6
1.13
1.75
2.46
3.26
4.15 . .
3.12
0.8
1.31
2.02
. 2.84
3.77
4.80
5.92
1
1.46
2.25
3.17
4.21
5.36
6.61
1.25
-1.63
2.52
3.55
4.71
5.99
7.40
1.5
1.79
2.76
3.89 -
5.16
6.57
8.10
-1..75
1.93
2.98
4.20
5.57
7.09
8.75
2
2.07
319
4.49
5.96
7.58
9.35
2:5
2.31
3.56
5.02
6.66
8.48
10.46
.3
2.53
3.90
5.50
7.30
9.29
11.46
3.5
2.73-
4.22 -
5.94
7.88
10.03
12.37
4
2.92
4.51
6.35
8.43
.10.72
13.23
4.5
3.10.
4.78
6.73
8.94
11.37
14.03
5
3.27
5.04
7.10
9.42
11'.99
14.79
5.5
3.43
5.29
7.44
9.88
12.57
15.51
6
3.58
5.52
7.77
10.32
13.13
16.20
24

TOWN OF ELON STORM SEWER DESIGN MANUAL
DETERMINATION OF INLET CAPACITY
All curb inlets on public or private streets will be spaced so that they can pick up
the gutter flow for a 10-year storm event. They must be spaced using the
capacities below so that the maximum gutter flows are not exceeded.
The maximum allowable volume of flow to curb inlets on continuous slopes or in
a sump situation will be as follows:
1.) Continuous Slope:
4' - 0" wide curb inlet: 4.0 cfs
• 6' - 0" wide curb inlet: 6.0 cfs
2.) Sump Condition
4' - 0" wide curb inlet: 6.0 cfs
• 6' - 0" wide curb inlet: 9.0 cfs
These are absolute maximum capacities. A flow greater than these values will
require the inlet spacing to be adjusted.
26

TOWN OF ELON STORM SEWER DESIGN MANUAL
GENERAL RULES FOR LOCATING CURB INLETS
1) All curb inlets on Town of Elon maintained storm sewer lines must be Town of
Elon standard structures as shown in the Roadway and Utility Standard Drawings
Manual and so designated on the plans. Non-standard inlets or other structures
for special situations require prior approval from the Town of Elon.
2) Curb inlets must be installed at any point along a continuous slope so that the
gutter flow shall not exceed the maximum allowable gutter flow as established in
the section of "Determination of Gutter Capacity" starting on page 21 and shown
in tables on pages 22, 23, and 24.
3) Curb inlets must be installed at the PC or PT of radius so that no gutter flow will
be allowed to sheet flow across an intersection.
4) Curb inlets must be located at any point of radius where the intersecting street
falls away so steeply that the gutter flow will have a tendency to jump out of the
gutter and sheet flow across the intersection.
5) Curb inlets must be installed above any driveway turnout so that no gutter flow
will enter private property.
6) In certain cases, the NCDOT Standard Inlet No. 840.03 "Grate, Frame and Hood"
will be allowed where conditions prohibit the use of Town standard inlets. This
will only be allowed with approval of the Town.
7) Double inlets are not allowed. Usually, if there is enough runoff to require a
double inlet, the gutter capacity has been exceeded and additional inlets are
required uphill.
8) Existing curb inlets in a sump cannot be converted to grate inlets to make room
for a private drive entrance unless new curb inlets are installed at points of radius
on both sides of the drive entrance. The grates have a tendency to get clogged up
and create traffic hazards during heavy storm events.
27

TOWN OF ELON STORM SEWER DESIGN MANUAL
9) Curb inlets in locations other than sumps may be converted to grate inlets by
permission as long as the grate inlet is installed in the gutter flow line and not
over the existing curb inlet box. The existing box is not located in the flow line.
In most cases the existing box will be removed and the new grate box will be built
over the existing pipe and in the gutter line.
10) Spill gutter is not allowed because of the sheeting and freezing problems that can
occur.
28

TOWN OF ELON S'TOBMSEWER D.LSIONMANUAL .
CAPACITY OF CURB 'OPENING INLETS
• AT A SUMP
1:0 . 12
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Locial Depresslah (a)
28

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TOWN OF ELON STORM SEWER DESIGN MANUAL
YARD INLETS
The capacity of the masonry yard inlet can be determined by using the nomograph
for "Capacity of an Inlet at the Low Point in Grade", found on page 28. This nomograph
is based on experimental determinations of the relation of head to discharge through a
rectangular opening, operating submerged and unsubmerged.
This nomograph solves inlet capacity problems under the following conditions:
1) The inlet is located at a low point in the grade.
2) All flow coming to the inlet must eventually enter the inlet and will pond
until sufficient head is built up so the outflow through the inlet will equal
the peak inflow from the drainage area.
Procedure:
Enter the nomograph with any two of the three values h, Q/L, H/h and read the
third.
Where h = Total height of opening in feet.
L = Total length of opening in feet.
H = Depth of Water at the entrance in feet.
Q = Total peak rate of flow to the inlet in cfs.
Normally Q, L, and h will be known and the nomograph can be used to
determine the depth of water H at the inlet. Where more than one side of the inlet
will be open to receive water the nomograph can still be used by dividing the flow
(Q) by the number of openings or by multiplying the length (L) by the number of
openings.
The height of opening on yard inlets is normally set at two courses of
brick or 5-inches. For unusual conditions the height can be set by the designer to
fit the situation. However, safety is a major concern, especially, in residential
areas. Large openings can become a hazard to children and pets. In those cases
more than one inlet is advised.
31

TOWN OF ELON STORM SEWER DESIGN MANUAL
DETERMINATION OF PIPE SIZES
The following are two methods to be used for determining the required pipe size:
1) The Manning Formula is used to determine a pipe size within a system.
2) This method is for pipes in a culvert situation. Whenever there is a possibility of
water pounding at the mouth of a pipe or if it might have a submerged outlet, the
pipe should be checked for inlet or outlet control. See the section on Culvert
Design on page 33.
Sizing pipes within a system
The capacity of a pipe, which is a link in a drainage system, can be calculated
using the Manning Formula. Nomographs or hydraulic calculators may be used to
determine the required pipe size by using the calculated discharge, a roughness
coefficient of 0.013 (Manning's roughness coefficient for concrete pipe) and the design
slope.
The pipe system should be sized starting at the uppermost collection point and
proceeding down stream. Each run of pipe shall be sized to transport the runoff already
in the system plus the discharge intercepted at the inlet pipe or structure at the upstream
end of the run of pipe under consideration.
Where corrugated metal pipe is used, the method of sizing is basically the same as
for sizing concrete pipe. The only difference is in the roughness coefficient. The value
of the coefficient n is obtained as a weighted value from the values of 0.024 for uncoated
galvanized steel pipe in a 1/2-inch deep corrugation and 0.012 for a completely and
smoothly asphalt lined pipe. For example, if 25 percent of the pipe's periphery is
smoothly lines (paved) with asphalt and the remainder is galvanized of 1/2-inch depth
corrugation the n is computed thus:
(.25x.012) + (.75x.024) _ 021
1.00
In a similar manner the value for n for a 1-inch deep corrugation may be computed using
0.027 for unpaved pipe and 0.012 for fully paved pipe.
The following table gives values for n obtained by such computations:
Composite Values of (n)
Type of pipe
% inch deep corrugations
1-inch deep corrugations
Unpaved
0.024
0.027
25% paved
0.021
0.023
Fully Paved
0.012
0.012
32

TOWN OF ELON STORM SEWER DESIGN MANUAL
Nomographs in which the variables of slope, discharge, pipe diameter and velocity are
plotted with each nomograph having the value of pipe roughness as a constant are
included in this section, pages 35 — 38.
The following formula derived from the Manning Formula may be used to determine
round pipe size:
D=16 Qs1�38
�J
D = Diameter in inches
Q = Flow in cfs
Culvert Design
n = roughness coefficient
S = Slope in ft. per ft.
Anytime there is the possibility of water ponding at the entrance of a pipe or if the outlet
is submerged, that pipe is in a culvert situation. There are two types of control that can
have an effect on the capacity of a culvert: inlet and outlet control. Both of these types of
control must be considered in the design of culverts.
Nomographs are included on pages 39 — 45 which can be used to determine culvert
capacity. Select the appropriate chart according to type of structure for each condition of
inlet control or outlet control.
Inlet Control
Inlet control exists when the culvert is not flowing full and the entrance conditions of the
culvert control the amount of flow through the culvert. Headwater depth is the depth of
water on the upstream end of the culvert and is used on the nomograph to determine the
capacity of the culvert. The designer must limit the allowable headwater depth to
minimize the affect of backwater on the property upstream from the culvert. In any case
the maximum headwater ratio of 1.2 should not be exceeded.
Outlet Control
For outlet control to exist the culvert must be flowing full and the outlet must be
submerged. Nomographs on pages 35 — 45 may be used to determine headwater depths
for culverts under outlet control.
33

TOWN OF ELON STORM SEWER DESIGN MANUAL
Three pieces of information about the culvert are required in order to use the nomographs:
1) The entrance loss coefficient Ke values may be found on the chart below.
2) The tailwater conditions or the tailwater depth may be determined by downstream
conditions or from known flood information. If the tailwater depth cannot be determined
it may be assumed that the tailwater elevation is the crown of the pipe. The designer is
warned that this may be an oversimplification and extra effort should be taken to
determine the tailwater elevation.
3) The length of the culvert is required.
By following the examples on the nomographs the designer can determine the head (H)
created by the culvert. Once that is known, headwater can be determined as shown on the
nomographs.
COEFFICENT OF ENTRANCE LOSS Ke
Type of Structure and Design of
Pipe, Concrete
Projecting from fill
Headwall or headwall and wingwalls
Mitered to conform to fillslopes
Pipe or pipearch, corrugated metal
Projecting (no headwall)
Headwall or headwall and wingwalls
Mitered to conform to fillslopes
Reinforced concrete box culvert
Headwall
Wingwall at 30 degrees to 75 degrees to barrel
Wingwalls at 10 degrees to 25 degrees to barrel
Entrance Coefficient Ke
0.5
0.5
0.7
0.9
0.5
0.7
0.5
0.4
0.5
34

TOWN OF ELON
DESIGNMANUAjL
_STO"SEWER
loco
1
e00
NOMOGRAPH FOR
70o
COMPUTING,
REQUIRED SIZE OF
eo0
CIRCULAR-CONCPME
PIPE LULL
LL
(n- 0..012)
400
300.
200
2
420
10e
Z
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R
c
W
W
Z
Z x
4020
LL.
30
W
z .30
0
40 IL
3
Z
20
0 24
•00 W
s
■
v
U.
01e
01 0.
0
W
10
W 1
A200
!t
?
e
.0400
c Q
10
0 10
osoa
4
3
M
i
14
FLOW WIT SYSTEM
2
Example:.
Mvm-discharge Q- • 4.4 cfe fiction
factor n '- 0.012 slope of 0.0039 per ft.
Find -
Diameter 15 inches and velocity. of 3.5 ft
a
per second, by following dashed line.
t
Nomogiaph adopted km Msauel, war Department, Corps of
0,!
�ginee m, Pare
Chapter i, June I9W. •
35

TOWN OF ELON STORMSEWER DENGNMANUAL
1000
90o SOMOQRAPH •FO
Boo
TOO
COMPUTING
�_ REQUIRED BYZE OF CIRCULAR ,
wo CORRUGATED METAL PIPE., FLOWINQ FULL
sav (n 0.021)
goo
i0
70
00
C.3
Z
30
20
a
LL
4W
J
N
M&RYSTEM.
Example: Given dis�liarge Q -10.0 do friction
factor n 0,021 Mope of 0.0049 per ft.
An& Diameter 24 inches and velocity of 3.2 ft
por second; by following dashed line.
N=oVWh adapted Bbm-Maglaeerlag Manual. War Departa mt, Corps of
Fngineem. Pert Xm, Chapter 1. Jupe 1155.
G '
Z
O
W
=3 CO)
W
a
-s W
V
3 Z
0.
C?
.a
�10
12
Is
14
!S
36

TOWN OF ELON AYZUAM AKWE f DESIGNM41VUAL
Kaoo
.900.
Moo- 1I0140G H FOR .
X* COMPUTINQr UYRED SIZE OF -CIRCULAR
wo CORRUGATED METAL PYPI','. WING FULL .
sop (n 0.023)
goo• ..
goo
too
90
70 .
so
AWL:
130
.
V
40
110 -4 i z
M
Ica
900
84.
78.
72 -
(�Go -
_34-
zQ
Z3 -
Z30
,M
24
ac113
�12
Q to
a
• 'i
0
Z
O
.0
W
N
3
N a
O
O 4W
c� 1W
Z
a �
70
FLOW WYTHiN A SYSTEM
P Given discharge Q 4 I0.0. cfs friction
factor n - 0.023 elope of 0.0125 per fL
Find - Diameter 21 inches and velocity of 4.1 flt
Per eecand, OY fO11OwIng dashed line.
Nomograph adapted Stm En&eutug Manti®1, War Npartm=. Cups of
Engineers. part Jam. Chapter 1, Jame 1955.
37

- TOWN OF ELON
Q DY2,
Y
1r 0 400 .004 0.5 Q4
z1000
'ISOLUTION.OF M&=NG FORMULA .005
400 ' 10500 0.6
6 10000
Soo 800 .0.1
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2 300 .5 i .02
4 J
200 0
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e Ca 0.01
100
z
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.05
a 40 o C 0.005•
T2 1.5 �' 2 y
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40 W ; 6054.
o H
Vf W
2 30 W-u4Q I z
y.
0.1 � c
o 242 i A2 W C
20 W Wts 0,8U :015 3W ic30, a C.010W0.001
uL 24 0.5 �n .2 o J .006} w W 0.0005
5: 6 10 • oc Q,4 z 4 k. I
FW- 19 . z 0 0.3 W
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5 0.4 • '
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0 4 $12 ;0.5 �.
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.4 ,g 2
f 3 '5 0.00001
.4 3
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4 0.000005
5
i8 ' 38

E TOWN OF ELON _ STORMSEWER DESIGNMANUAL
CULVERT DERGN-INLET CONTROL
HEADWATER DpEjH .FOR BOX CULVERTS
WITH INLET CONTROL
800. (1) (2)
(3)
—! 1
500 8
9
10
10
400 -
i+YIIVGWlALL B
8
B
T
i•I.ARE •.
T
—9
300 Z 11 30' IN 756 5
B
'
131 maio013•
— 8
200 (3) 4
5
•
a/ siatal
4
3
3
3
1— 8
5
a.
4
3
�A
�
O
A0
i
60
v
Z
50
L5
40
Q
30
EXAMPLE
2
wed aexeon
�
asr3c"
/
a/B ■ Id�ws/n'
10
INur NW/c w(ft l)
g
i l 1 I.Ta U
cx1 1.90 . &@
a
4
_
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.
�
3
2
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-9
7 �-- .T
WloI al l Filar.
.B .4 .4
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lb = jlmGw (2) of 131 dw o obdo M Am "MyCh kimmn
V4bu Of she and dkdwro tG bdera of seals (1). Am
pd" (Z art {31) PmJ60 hwtmtolty to aduflan on alfhat
BUREAU OF PUBLIC ROADS JAN.,1963

STORMSEWE.R DESIGN JM-NUAL
TOWN OF ELON
CULVERT DESIGN. ET CONTROL
:y
HEADWATER DEPTH. FOR CONCRETE
PIPZ CULVERTS
WITH II1iLET -CONTRO
!eo
KOML'
V$1000
144
5,000 WRA
SCALE TYPE
4,000 � r.,
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(I i =,"p dlh
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�
(1) v�w..re a[fh .
Nodroll
4r
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!08
1A00
am
84
600 / 2
Soo
2:
72
400
2.
LS
U
z
F300'
/
a
4
EXAMPLE
q ■ 13oCa<s
$
...
/v
8O Hw/D' kw(Non
Z
J
42
r�I
COD:
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LO
s0 (3) 'Lit' 7.7
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30
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110.
A
ti
S
4
3.
!8
2
15
LO
i
to m goal. (1) a (3) dra■r a rtrdgM am ihroao6 ra I
MADwarat' aCALU s AI D 3 Revl3xD .m4v.r l 84
wtwa d do and dbrclwrga to IManaot mit (0. Nora
1z
Patat as =do (1) proloat horizontally to ■oMIN an onhw .
wok (?) or (3),
aUREAU OF PUBLIC ROADS JAN.,.(963

•r� OWN OF ELON l VXLLVA &ji;, rr x.1L "A".s4ya v &rsae.'vtsrc.
CULVERT DESIGN -INLET CONTROL
HEADWATER DEPTH'FOR OVAL CONCRETE PIPE .CULVERTS
LONG AMS HORIZONTAL WITH INLET ONT OL
161 t;9T HW D ENTRA=
LYRE. {�� {2i {3i
t3s: eT c 1 i riih 'h.m+n1l
• 12 } ®raay. end
,ale tradr�all.4.0
121a77 ,ca} ��
4.0 30
113 R 72 4000 3A '
*6 x 68 800 30 —�
98 x a3 500 p � ! 2A
0400
91 a 88 �.
300 L5.
83-K 53f�
T J sice � Ta"a 4e 3 1.3
200 as Men
T6 i 48 MW/ G� HrY (lid} W
a 68 x 43 j 100 (3) to 9.2
ts.
J Z BQ b w LO
c so x 38 a so .9 g
v 50 _
0
53 x 34 40 ? .g
ui
a30
s
49Y32 _ a
43 x 29 20 ,T
42 x27 ~
W •B
N 10
3812.4 g _
5 .9
30 R 19 3 B D
2 .4 .4 A
To om soil. (2) or (3) draw s Uralght ft through known
voloa of ew and dlaharae to Inlarrad mob M. hem
petal en :role (l) prolml twieantally to "ITAI l as dthor ,
some M K M
23 R 14 ILO
BUREAU GR PUBLIC,R0A.DS JAN_,1963
41 ..

TOWN OF ELON S1.ynm ��rrrit 11C:Ytcrt� nzncrvex�.
sT:tar
�
•
5pw .
87><138
4,000 Hyy SCAB. �U
77i 0
2Ao (2) �heoed dI
5.
a
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6
4
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3
4
88 x 106
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83 x 98
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C
2
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2
=
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_
LB
Z
4806 78 '
' EXMPLE
1,B
Z
�0 able • as"ie so"
a:
La
43x68
a w zoo cm
mvi/oe ltw(rtd)
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t��
g
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38x60
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9
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32 x 49
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29 x 45
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27x42
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6
4
19 x 30 .4 L.4TA
3 Ta Wsw Book (2)a(3) draw a obWW Ihr through tna.e
voluss of elAe and dlloharpi to btersw WILk (1). Ftm
2 PGkd od eoale (1) Pvteat hoAzantally to eohdlen on *Hher
+wI, (a) or (31.
14 x 23 LO BUREAU OF PUBLIC ROAD$ JAN..1963
42

TOWN OF ELON
' STORMSEWER DESIGNM NUTAL
EULVERT DESIGN -INLET CONTROL
HEADWATER DEPTH FOR CORRUGATED METAL PIPE CULVERTS
WITH INLET CONTROL
Is'-7°It Id -I"
4io0o
.4
KW/ D .Eh(TRANCE
4
L E
' d
�1 rta "
e -4
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2AM (1) FModaall
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4
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Boo
2
z
9'-8" s G'- B"
GOO
2
71
2
500
Opp
I.S
.
300 G
1.3
LS
200
8 -1"X 4'-7"
W
TW
T20144" �+
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�
Q
I
Z
CY
v
so50
.�
c
ss":36"
46
w
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•8
50"x31"
simaseste
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.7
7
o`
ea
20
Z
43 • „ X27 11
MW le NW (11W) �
(i) ijb LO
.T
Q
(e) us 1.1in
Nq" X 22"
:g
4
29" t D30 3
25" X 18" 2
22—.4 .4
Lo
18" k I Ill
1b m Not (?.).or (3i lrar a 4fralghl UeM fhrouQh ko g
iraluu 1} *v and dtaahoMe Po intietecl ('i }. I�Yaa�
deal as raaL .(I) pro).ot here:ae,tatty Ill rolullaa ea' altlrr BUREAU OF PUBLIC ROADS JAN.,1963
nab 121 or (3).
*AOLITtomAL'vi= Wf MiaNliGNiM AhQAAM w SURICATQA's CATAL"

TOWN OF ELON STOBM,SEWER DESIGNI#MANUAL
CULVERT DESIGN -OUTLET CONTROL
HEAD' FOR .CONCRETE •BOX CULVERTS
FLOWING FULL
(ri 0.012)
5pm
4,=
3+= stop. so
• HYY ■ Hr so -tea - .
14r awht emu rat WN hr Mtho& dowlbw
Z�� � L1 tfii daslpn 1■■�. •
12x A
600 10xi0 Iao .5 .
eoo. Axe .8 .
500 60
400 z 7xT 50 .,�. !O
' 6x6 Z a C3'c�y Z
300
i z w 30
© 200
u 20
4p '
Cp
CDG 4x4 ; 3
z 3.5x
00
`O Ba 3 x310
25x
60
2'.S W 4*
50 6
��. o ■ 4o cfa
40 � to.
/
30
20, 20
10 i
BUREAU OF PUBLIC ROADS JAX. 1463

TOWN OF ELON STORMSEWER DES
TGNMANUAL
CIILVERT -DESIGN-OUTLET CONTROL
HEAD FOR CONCRETE PIPE CULVERTS
FLOWING FULL .
- {n
N
AGOG
KW a N • 4. La • ' ,4
ror. aWrt wawa eat subm"d I MW W inibads dawe wd
4000 to The dealpe,p w,** m
GOO120
.6
Boo A
500, 96
1.0
400• 64
300 � I
72.
—66
200 6o ! 2
= 54 t*,51;N �J 3
42 4
OV 0 4p ap 2
GC 'JB 4.FP S
tr1 � 33 W . * 6
G
Q ACP
30
4Q S B
. 2r
' 30
24
20 21
19 . 20
112
4 . BUREAU OF PUBI.lC ROADS JAK, 1963
. 45

TOWN OF ELON STORM SEWER DESIGN MANUAL
Storm Drainage Design Requirements
The following is a list of requirements for storm drainage plans and for storm drainage
lines that will eventually be maintained by the Town of Elon. The requirements also
apply to private storm sewers and private drainage easements.
General Requirements
1) Storm sewers will have capacity to convey a 10-year storm within the pipe. The
Q 100 flows will be evaluated as required in the Flood Study section of this
manual.
2) Culverts on major streams (Over 200 acres) will have capacity to convey a 100-
year storm. Q will be determined using methods in this manual.
3) Storm sewer systems on culverts under inlet or outlet control will be designed
accordingly to accommodate the maximum allowable headwater depth to fit
surrounding terrain. The headwater to depth ratio should be held as close as
possible to 1.2.
4) Storm sewer lines with size 15-inches through 66-inches will be reinforced
concrete Class III or Class IV, or HDPE pipe (outside of road right-of-way) as
approved by the NCDOT, unless otherwise approved by the Town.
5) Corrugated metal pipe, either aluminized steel or aluminum, above 66-inches
diameter may be used under the following conditions:
a) Materials, gauge, corrugation, fabrication, etc. must meet NCDOT design
criteria, specifications, and the Town of Elon policy on acceptable
corrugated metal pipe products.
b) Full bituminous coating to be used where ph dictates.
c) Aluminum arch pipe with concrete headwalls are also allowed when
addressing stream impacts.
6) Minimum size for storm sewer pipe in streets is 15-inches in diameter.
7) Minimum storm sewer pipe grade is 0.5 percent.
8) Maximum storm sewer pipe grade is 10.0 percent.
9) Minimum grade for tailditching is 1.0 percent.
46

TOWN OF ELON STORM SEWER DESIGN MANUAL
10) Manholes are required at changes in grade, changes in alignment, and at
intersection of sewers.
11) Recommended manhole drops:
a) Change in alignment 0° to 45°, 0.10 ft.
b) Change in alignment greater than 45°, 0.20 ft.
c) Change in pipe size, match top insides of pipes.
d) Reverse flow conditions in a storm sewer system created by a tie in at a
structure will not be allowed unless a manhole drop equal to the diameter
of the outgoing pipe is provided.
12) MINIMUM DESIRABLE CURB INLET DEPTH
15" -Front 3.4' 36" -Front 5.3'
15" -Back or Side 1.9' 36" -Back or Side 3.8'
18"
-Front
3.7'
42"
-Front
5.8'
18"
-Back or Side
2. F
42"
-Back or Side
4.4'
24"
-Front
4.2'
48"
-Front
6.4'
24"
-Back or Side
2.7'
48"
-Back or Side
5.0'
30"
-Front
4.8'
54
-Front
6.9'
30"
-Back or Side
3.2'
54"
-Back or Side
5.5'
13) MINIMUM MANHOLE DEPTHS:
15"
- 3.6'
18"
- 3.8'
24"
- 4.0'
30"
- 4.3'
14) Headwalls or flared end sections plus an appropriate energy dissipater will be
required at the release point of all pipe systems. Velocities existing energy
dissipaters to be less than 5 ft./sec.
15) Pipe in culvert situations or storm sewer lines that will probably not be extended
in the near future (see*) will have a headwall or flared end section on the
upstream end.
* A headwall or flared end section will not be required if the property upstream
from the pipe is:
47

TOWN OF ELON STORM SEWER DESIGN MANUAL
a) Owned by the same property owner and the pipe will be extended
in the near future (within one year).
b) A different section of the same subdivision and the pipe will be
extended in the near future (within one year) with development of
that section.
16) On all multi -family and commercial projects, approval is required prior to
building permit approval.
17) The lower end of a storm sewer line will end far enough from the property
line to allow the installation of an energy dissipater; except that it must be
tied into existing storm sewer piping if available within 500 feet of the
property.
18) Tail ditches from pipe ends to existing creeks will be armored beyond
outlet erosion control device to prevent channel scour.
19) The upper end of a storm sewer line will be stubbed to the property line.
However, if the upper property has a storm sewer line stubbed short of the
property line for erosion control purposes, the new line must be extended
across the property line to tie the systems together. No gaps will be left in
the system.
20) All pipe culverts and upper end of pipe systems will be sized to satisfy
inlet or outlet control constraints. See the section on Culvert Design.
21) Precast structures may be allowed subject to Town approval.
22) Precast boxes for curb inlets will be ordered with the height 24-inches
lower than the finished grade. Once installed, a brick mason will be
required to raise the top of the box to the proper height using brick and
mortar to fit the curb grade. This is to keep from having to break out the
front of the box to accommodate the curb and gutter.
23) Site drainage will not be allowed to flow out driveway entrance into
streets.
24) Outlets of Town maintained storm sewer systems must be above the
normal pool elevation of detention ponds. Invert of drainage structures
must be above the standpipe elevation of the detention pond. This is to
assure that the pipe systems do not stand full of water for long periods of
time and do not back up into the roadway during heavy rainstorms.
49

TOWN OF ELON STORM SEWER DESIGN MANUAL
25) Private drain lines larger than 4-inches in diameter cannot tie directly into
the curb and gutter. The pipe must tie into a junction box behind the curb.
26) Site drainage must be tied into any existing storm drain system.
27) There must be an 18-inch clearance between proposed utility lines and
existing storm sewer lines.
28) Permits from the Town are required before tying into any Town storm
sewer structure. The inspection is to insure a proper tie-in to reduce future
maintenance problems.
29) Reinforced concrete pipe is the only material allowed for driveway
culverts.
30) Extensive energy dissipaters must be used where new commercial site will
be draining onto existing residential property. The Town reserves the
right to require on -site stormwater detention for release at pre -
development flows on a case by case basis. The impact on downstream
development and the impact on downstream piping systems will be taken
into consideration for stormwater detention to be required. In addition,
State Storm Water Rules may require additional items not covered by this
manual.
50

TOWN OF ELON STORM SEWER DESIGN MANUAL
ADDITIONAL REQUIREMENTS FOR DRAINAGE PLANS
(Subdivisions and Other Developments)
1) All water courses which carry a flow of 5 cubic feet per second (5 CFS) or more
during a 10-year storm, as calculated in accordance with this manual, and which
are not situated within a street right-of-way shall either be piped or have a
drainage easement dedicated.
2) Drainaged easements for piped drainageway:
a) 12" - 30" pipe - 15'
b) 36" - 60" pipe - 20'
c) 66" - 96" pipe - 30'
3) Drainage Easements for Unpiped Drainageways:
a) 5 cfs to 16 cfs - 30' centered on channel
b) 17 cfs to 70 cfs - 60' centered on channel
d) 70 cfs and up - 100' + the width of the channel
Note: The drainageway easement width may be reduced from the above values to the
width of the 100-year flood fringe as documented by flood studies
4) Drainage and utility easements with storm and sanitary sewer lines.
5) Any proposed storm sewer lines, which will be carrying street water, must be
submitted to the Town for construction approval. The installation of the storm
sewer line must be inspected prior to acceptance of the line.
51

TOWN OF ELON STORM SEWER DESIGN MANUAL
6) The following must be included on Site Drainage Plans.
a) Location of inlets, manholes, pipelines, proposed pipe sizes.
b) Clearly defined lines delineating areas drained to each inlet.
c) Existing and proposed contour lines must be shown to 200-feet beyond the
property line.
d) Ditches swales, pipes, and drainage easements, which are adjacent to the
proposed project.
e) Drainage calculations on form similar to that shown on page 52, but
including Hydraulic Grade Line Elevations for the Q 10 and Q 100 flows
and schematic profiles of pipe with hydraulic grade lines.
7) The Town may approve on a case by case basis a variance from street curb and
gutters. In this instance, the street ditches shall be designed in accordance with
the N.C.D.E.M. Erosion and Sediment Control Planning Design Manual except
that riprap liners are not allowed in street rights of way. Furthermore, driveway
pipes shall be no larger than 18" in diameter except when the pipe is a part of a
continuous piping system.
52

�f�Osf�ff�
IJ
11

TOWN OF ELON
2017 FLOOD DAMAGE PREVENTION ORDINANCE
TABLE OF CONTENTS
ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES . ......... 2
SECTION A. STATUTORY AUTHORIZATION...........................................................................................................................2
SECTIONB. FINDINGS OF FACT................................................................................................................................................2
SECTIONC. STATEMENT OF PURPOSE....................................................................................................................................2
SECTIOND. OBJECTIVES............................................................................................................................................................2
ARTICLE2. DEFINITIONS............................................................................................................................................3
ARTICLE 3. GENERAL PROVISIONS......................................................................................................................... S
SECTION A.
LANDS TO WHICH THIS ORDINANCE APPLIES...............................................................................................8
SECTION B.
BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS...........................................................8
SECTION C.
ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT......................................................................8
SECTIOND.
COMPLIANCE..........................................................................................................................................................9
SECTION E.
ABROGATION AND GREATER RESTRICTIONS................................................................................................ 9
SECTIONF.
INTERPRETATION..................................................................................................................................................9
SECTION G.
WARNING AND DISCLAIMER OF LIABILITY...................................................................................................9
SECTION H.
PENALTIES FOR VIOLATION...............................................................................................................................9
ARTICLE 4. ADMINISTRATION..................................................................................................................................9
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.......................................................................................9
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION REQUIREMENTS . ........ 9
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR............................................13
SECTION D. CORRECTIVE PROCEDURES..............................................................................................................................14
SECTION E. VARIANCE PROCEDURES..................................................................................................................................15
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION........................................................................17
SECTIONA. GENERAL STANDARDS......................................................................................................................................17
SECTIONB. SPECIFIC STANDARDS........................................................................................................................................18
SECTIONC.
RESERVED.............................................................................................................................................................22
SECTION D.
STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS ....................22
SECTION E.
STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT WITHOUT
ESTABLISHED FLOODWAYS OR NON -ENCROACHMENT AREAS..................................................................................22
SECTION F.
FLOODWAYS AND NON -ENCROACHMENT AREAS......................................................................................22
SECTION G.
STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)..............................................................23
SECTION H.
STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH)...............................................................23
ARTICLE 6.
LEGAL STATUS PROVISIONS............................................................................................................24
SECTION A.
EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION
ORDINANCE...............................................................................................................................................................................
24
SECTION B.
EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS .................................................
24
SECTIONC.
SEVERABILITY.....................................................................................................................................................24
SECTIOND.
EFFECTIVE DATE.................................................................................................................................................24
SECTION E.
ADOPTION CERTIFICATION...............................................................................................................................24
1

FLOOD DAMAGE PREVENTION ORDINANCE
ARTICLE 1. STATUTORY AUTHORIZATION FINDINGS OF FACT PURPOSE AND OBJECTIVES.
SECTION A. STATUTORY AUTHORIZATION.
Municipal. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article
19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental
units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare.
Therefore, the Board of Aldermen of the Town of Elon, North Carolina, does ordain as follows:
SECTION B. FINDINGS OF FACT.
(1) The flood prone areas within the jurisdiction of the Town of Elon are subject to periodic inundation which results in
loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights
and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
SECTION C. STATEMENT OF PURPOSE.
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize public and private
losses due to flood conditions within flood prone areas by provisions designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result
in damaging increases in erosion, flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the
time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the
accommodation of floodwaters;
(4) Control filling, grading, dredging, and all other development that may increase erosion or flood damage; and
(5) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase
flood hazards to other lands.
SECTION D. OBJECTIVES.
The objectives of this ordinance are to:
(1) Protect human life, safety, and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the
general public;

(4) Minimize prolonged business losses and interruptions;
(5) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines,
streets, and bridges) that are located in flood prone areas;
(6) Minimize damage to private and public property due to flooding;
(7) Make flood insurance available to the community through the National Flood Insurance Program;
(8) Maintain the natural and beneficial functions of floodplains;
(9) Help maintain a stable tax base by providing for the sound use and development of flood prone areas; and
(10) Ensure potential buyers are aware when a property is in a Special Flood Hazard Area.
ARTICLE 2. DEFINITIONS.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning
they have in common usage and to give this ordinance it's most reasonable application.
"Accessory Structure (Appurtenant Structure)" means a structure located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common
urban accessory structures. Pole bams, hay sheds and the like qualify as accessory structures on farms, and may or may not be
located on the same parcel as the farm dwelling or shop building.
"Addition to an existing. building)" means an extension or increase in the floor area or height of a building or structure.
"Alteration of a watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization,
or change in cross -sectional area of the channel or the channel capacity, or any other form of modification which may alter,
impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Area of Shallow Flooding" means a designated Zone AO on a community's Flood Insurance Rate Map (FIRM) with base
flood depths determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
"Area of Special Flood Hazard" see "Special Flood Hazard Area (SFHA)".
"Base Flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year.
"Base Flood Elevation WE)" means a determination of the water surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a "Special Flood Hazard Area", it may be obtained from engineering
studies available from a Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when
combined with the "Freeboard", establishes the "Regulatory Flood Protection Elevation".
"Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
"Building" see "Structure".
"Chemical Storage Facility " means a building, portion of a building, or exterior area adjacent to a building used for the storage
of any chemical or chemically reactive products.
"Desi n Flood": See "Regulatory Flood Protection Elevation."
"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.

"Development Activity' means any activity defined as Development which will necessitate a Floodplain Development Permit.
This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks,
landings, ramps, and erosion control/stabilization measures.
"Digital Flood Insurance Rate Map (DF1RM)" means the digital official map of a community, issued by the Federal Emergency
Management Agency (FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the
community are delineated.
"Disposal" means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling, leaking, or placing
of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the
environment or be emitted into the air or discharged into any waters, including groundwaters.
"Elevated Building" means a non -basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
"Encroachment" means the advance or infringement of uses, fill, excavation, buildings, structures or development into a special
flood hazard area, which may impede or alter the flow capacity of a floodplain.
"Existing building and existing structure" means any building and/or structure for which the "start of construction" commenced
before the initial effective date of the floodplain management regulations adopted by the community.
"Existing Manufactured Home Park or Manufactured Home Subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)
was completed before the initial effective date of the floodplain management regulations adopted by the community.
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas
from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Insurance" means the insurance coverage provided under the National Flood Insurance Program.
"Flood Insurance Rate M (FIRM)" means an official map of a community, issued by the FEMA, on which both the Special
Flood Hazard Areas and the risk premium zones applicable to the community are delineated. (see also DFMM)
"Flood Insurance Study" means an examination, evaluation, and determination of flood hazards, corresponding water
surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the FEMA. The
Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps
(FBFMs), if published.
"Flood Prone Area" see "Floodplain"
"Flood Zone" means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects
the severity or type of flooding in the area.
"Floodplain' means any land area susceptible to being inundated by water from any source.
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain Development Permit" means any type of permit that is required in conformance with the provisions of this
ordinance, prior to the commencement of any development activity.
"Floodplain Mana ement'means the operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to,
emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
4

"Floodplain Management fulations" means this ordinance and other zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances, and other applications of police power. This term describes federal, state
or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
"Floodproofmg" means any combination of structural and nonstructural additions, changes, or adjustments to structures which
reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their
contents.
"Flood -resistant material" means any building product [material, component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires more than low-cost cosmetic
repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above -
grade use, is not flood -resistant. Pressure -treated lumber or naturally decay -resistant lumbers are acceptable flooring materials.
Sheet -type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally
unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood -resistant. Please
refer to Technical Bulletin 2, Flood Damage -Resistant Materials Requirements, and available from the FEMA. Class 4 and 5
materials, referenced therein, are acceptable flood -resistant materials.
"Floodwav" means the channel of a river or other watercourse, including the area above a bridge or culvert when applicable,
and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.
"Floodwav encroachment analysis" means an engineering analysis of the impact that a proposed encroachment into a floodway
or non -encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base
flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering
methods and models.
"Freeboard" means the height added to the BFE to account for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway conditions, such as wave action, blockage of bridge or
culvert openings, and the hydrological effect of urbanization of the watershed. The BFE plus the freeboard establishes the
"Regulatory Flood Protection Elevation".
"Functionally Dependent Facility' means a facility which cannot be used for its intended purpose unless it is located inclose
proximity to water, limited to a docking or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.
"Hazardous Waste Management Facility" means, as defined in NCGS 130A, Article 9, a facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste.
"Highest Adjacent Grade (HAG)" means the highest natural elevation of the ground surface, prior to construction, immediately
next to the proposed walls of the structure.
"Historic Structure" means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the US Department of
Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing
on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government
(CLG) Program"; or
(d) Certified as contributing to the historical significance of a historic district designated by a community with a
"Certified Local Government (CLG) Program."
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in cooperation with the
North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966 as amended in 1980.

"Letter of Map Change (LOMC)" means an official determination issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance
Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as
being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends
the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood
elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been
elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order
to qualify for this determination, the fill must have been permitted and placed in accordance with the community's
floodplain management regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed project
complies with the minimum NFIP requirements for such projects with respect to delineation of special flood
hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon
submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA
to revise the effective FIRM.
"Light Duty Truck" means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in
40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off -highway operation and use.
"Lowest Adjacent Grade (LAG)" means the elevation of the ground, sidewalk or patio slab immediately next to the building,
or deck support, after completion of the building.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not
considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured
home" does not include a "recreational vehicle".
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
"Market Value" means the building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for
age of building and quality of construction (Actual Cash Value); or adjusted tax assessed values.
"New Construction" means structures for which the "start of construction" commenced on or after the effective date of the
initial floodplain management regulations and includes any subsequent improvements to such structures.
"Non -Encroachment Area (NEA)" means the channel of a river or other watercourse, including the area above a bridge or
culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.
"Post -FIRM" means construction or other development for which the "start of construction" occurred on or after the effective
date of the initial Flood Insurance Rate Map.
"Pre -FIRM" means construction or other development for which the "start of construction" occurred before the effective date
of the initial Flood Insurance Rate Map.

"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure is above ground.
"Public Safe " and/or "Nuisance" means anything which is injurious to the safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner,
of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational Vehicle (RV" means a vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use, and
(e) Is fully licensed and ready for highway use.
For the purpose of this ordinance, "Tiny Homes/Houses" and Park Models that do not meet the items listed above are
not considered Recreational Vehicles and should meet the standards of and be permitted as Residential Structures.
"Reference Level" is the top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones A, AE,
AH, AO, A99.
"Re latory' Flood Protection Elevation" means the "Base Flood Elevation" plus the "Freeboard". In "Special Flood Hazard
Areas" where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two (2) feet of
freeboard. In "Special Flood Hazard Areas" where no BFE has been established, this elevation shall be at least two (2) feet
above the highest adjacent grade.
"Remedy a Violation" means to bring the structure or other development into compliance with state and community floodplain
management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be
reduced include protecting the structure or other affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard
to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Salva a Yard" means any non-residential property used for the storage, collection, and/or recycling of any type of equipment,
and including but not limited to vehicles, appliances and related machinery.
"Solid Waste Disposal Facility" means any facility involved in the disposal of solid waste, as defined in NCGS 130A-
290(a)(35).
"Solid Waste Disposal Site" means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes are disposed of by
incineration, sanitary landfill, or any other method.
"Special Flood Hazard Area (SFHA)" means the land in the floodplain subject to a one percent (1%) or greater chance of being
flooded in any given year, as determined in Article 3, Section B' of this ordinance.
"Start of Construction" includes substantial improvement, and means the date the building permit was issued provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is
principally above ground.

"Substantial Damage" means damage of any origin sustained by a structure during any one-year period whereby the cost of
restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred. See definition of"substantial improvement ". Substantial damage also means flood -related damage
sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such
flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.
"Substantial Improvernent' means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement
of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(a) Any correction of existing violations of state or community health, sanitary, or safety code specifications which
have been identified by the community code enforcement official and which are the minimum necessary to assure
safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued
designation as a historic structure and the alteration is approved by variance issued pursuant to Article 4 Section
E of this ordinance.
"Temperature Controlled" means having the temperature regulated by a heating and/or cooling system, built-in or appliance.
"Variance" is a grant of relief from the requirements of this ordinance.
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain
management regulations. A structure or other development without the elevation certificate, other certifications, or other
evidence of compliance required in Articles 4 and 5 is presumed to be in violation until such time as that documentation is
provided.
"Water Surface Elevation (WSE " means the height, in relation to NAVD 1988, of floods of various magnitudes and
frequencies in the floodplains of riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
ARTICLE 3. GENERAL PROVISIONS.
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES,
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra -Territorial Jurisdictions
(ETJs) of the Town of Elon and within the jurisdiction of any other community whose governing body agrees, by resolution,
to such applicability.
SECTION B. BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State
of North Carolina and FEMA in its FIS dated November 17, 2017 for Alamance County and associated DFIRM panels,
including any digital data developed as part of the FIS, which are adopted by reference and declared a part of this ordinance.
Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of the
Town of Elon are also adopted by reference and declared a part of this ordinance. Subsequent Letter of Map Revisions
(LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within three (3) months.
SECTION C. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the
commencement of any development activities within Special Flood Hazard Areas determined in accordance with the provisions
of Article 3, Section B of this ordinance.

SECTION D. COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance
with the terms of this ordinance and other applicable regulations.
SECTION E. ABROGATION AND GREATER RESTRICTIONS.
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However,
where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
SECTION F. INTERPRETATION.
In the interpretation and application of this ordinance, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under State statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made
or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas or uses permitted within
such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the Town of Elon
or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
SECTION H. PENALTIES FOR VIOLATION.
Violation of the provisions of this ordinance or failure to comply with any of its requirements, including violation of conditions
and safeguards established in connection with grants of variance or special exceptions, shall constitute a Class 1 misdemeanor
pursuant to NC G.S. § 143-215.58. Any person who violates this ordinance or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $100.00 or imprisoned for not more than thirty (30) days, or both. Each
day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Town of Elon
from taking such other lawful action as is necessary to prevent or remedy any violation.
ARTICLE 4. ADMINISTRATION.
SECTION A. DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Town Manager, hereinafter referred to as the "Floodplain Administrator", is hereby appointed to administer and implement
the provisions of this ordinance. In instances where the Floodplain Administrator receives assistance from others to complete
tasks to administer and implement this ordinance, the Floodplain Administrator shall be responsible for the coordination and
community's overall compliance with the National Flood Insurance Program and the provisions of this ordinance.
SECTION B. FLOODPLAIN DEVELOPMENT APPLICATION PERMIT AND CERTIFICATION
REQUIREMENTS.
(1) Application Reluirements. Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood Hazard Areas. The following items shall
be presented to the Floodplain Administrator to apply for a floodplain development permit:

(a) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the
proposed floodplain development:
(i) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and
proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(ii) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as
determined in Article 3, Section B, or a statement that the entire lot is within the Special Flood Hazard
Area;
(iii) Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood
map as determined in Article 3, Section B;
(iv) The boundary of the floodway(s) or non -encroachment area(s) as determined in Article 3, Section B;
(v) The Base Flood Elevation (BFE) where provided as set forth in Article 3, Section B; Article 4, Section C;
or Article 5, Section D;
(vi) The old and new location of any watercourse that will be altered or relocated as a result of proposed
development; and
(vii) The certification of the plot plan by a registered land surveyor or professional engineer.
(b) Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but
not limited to:
(i) Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;
(ii) Elevation in relation to NAVD 1988 to which any non-residential structure in Zones A, AE, AH, AO, A99
will be floodproofed; and
(iii) Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or
floodproofed.
(c) If floodproofmg, a Floodproofmg Certificate (FEMA Form 086-0-34) with supporting data, an operational plan,
and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance
of floodproofing measures.
(d) A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all
provisions of this ordinance are met. These details include but are not limited to:
(i) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled
foundation, open foundation on columns/posts/piers/piles/shear walls); and
(ii) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with
Article 5, Section B(4)(d) when solid foundation perimeter walls are used in Zones A, AE, AH, AO,
A99.
(e) Usage details of any enclosed areas below the lowest floor.
(f) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water
systems to be located and constructed to minimize flood damage.
(g) Certification that all other Local, State and Federal permits required prior to floodplain development permit
issuance have been received.
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(h) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when applicable, to ensure
that the provisions of Article 5, Section B, subsections (6) and (7) of this ordinance are met.
(i) A description of proposed watercourse alteration or relocation, when applicable, including an engineering report
on the effects of the proposed project on the flood -carrying capacity of the watercourse and the effects to
properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of
the proposed watercourse alteration or relocation.
(2) Permit Requirements. The Floodplain Development Permit shall include, but not be limited to:
(a) A complete description of all the development to be permitted under the floodplain development permit (e.g.
house, garage, pool, septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials, etc.).
(b) The Special Flood Hazard Area determination for the proposed development in accordance with available data
specified in Article 3, Section B.
(c) The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities.
(d) The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(e) All certification submittal requirements with timelines.
(f) A statement that no fill material or other development shall encroach into the floodway or non -encroachment area
of any watercourse unless the requirements of Article 5, Section F have been met.
(g) The flood openings requirements, if in Zones A, AE, AH, AO, A99.
(h) Limitations of below BFE enclosure uses (if applicable). (i.e., parking, building access and limited storage
only).
(i) A statement, that all materials below BFE/RFPE must be flood resistant materials.
(3) Certification Re uirements.
(a) Elevation Certificates
(i) An Elevation Certificate (FEMA Form 086-0-33) is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a
certification of the elevation of the reference level, in relation to NAVD 1988. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or
failure to make required corrections shall be cause to deny a floodplain development permit.
(iii) A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required after construction
is completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final as -built construction of the
elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to Certificate of Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as -built construction. Failure to submit the certification
or failure to make required corrections shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
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(b) Floodproofmg Certificate
(i) If non-residential floodproofmg is used to meet the Regulatory Flood Protection Elevation requirements,
a Floodproofmg Certificate (FEMA Form 086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start of any new construction. It shall be
the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed
design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofmg
certification shall be prepared by or under the direct supervision of a professional engineer or architect and
certified by same. The Floodplain Administrator shall review the certificate data, the operational plan, and
the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the
applicant prior to permit approval. Failure to submit the certification or failure to make required corrections
shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with the
certified design shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(ii) A final Finished Construction Floodproofmg Certificate (FEMA Form 086-0-34), with supporting data, an
operational plan, and an inspection and maintenance plan are required prior to the issuance of a Certificate
of Compliance/Occupancy. It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation of the reference level and all attendant
utilities, in relation to NAVD 1988. Floodproofmg certificate shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. The Floodplain Administrator
shall review the certificate data, the operational plan, and the inspection and maintenance plan.
Deficiencies detected by such review shall be corrected by the applicant prior to Certificate of Occupancy.
Failure to submit the certification or failure to make required corrections shall be cause to deny a Floodplain
Development Permit. Failure to construct in accordance with the certified design shall be cause to deny a
Certificate of Compliance/Occupancy.
(c) If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the elevation of the chassis is more
than 36-inches in height above grade, an engineered foundation certification is required in accordance with the
provisions of Article 5, Section B(3)(b).
(d) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a
professional engineer's certified report on the effects of the proposed project on the flood -carrying capacity of
the watercourse and the effects to properties located both upstream and downstream; and a map showing the
location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior
to issuance of a floodplain development permit.
(e) Certification Exemptions. The following structures, if located within Zones A, AE, AH, AO, A99, are exempt
from the elevation/floodproofmg certification requirements specified in items (a) and (b) of this subsection:
(i) Recreational Vehicles meeting requirements of Article 5, Section B(6)(a);
(ii) Temporary Structures meeting requirements of Article 5, Section B(7); and
(iii) Accessory Structures that are 150 square feet or less or $3,000 or less and meeting requirements of Article
5, Section B(8).
(4) Determinations for existing buildings and structures.
For applications for building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Building Official, shall:
(a) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a
qualified independent appraiser, of the building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be the market value before the damage
occurred and before any repairs are made;
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(b) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition,
or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;
(c) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial
damage; and
(d) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood resistant construction requirements of the NC Building Code and this
ordinance is required.
SECTION C. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR.
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(1) Review all floodplain development applications and issue permits for all proposed development within Special Flood
Hazard Areas to assure that the requirements of this ordinance have been satisfied.
(2) Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state and federal
permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C.1334.
(3) Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management,
State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management Agency (FEMA).
(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood -carrying
capacity is maintained.
(5) Prevent encroachments into floodways and non -encroachment areas unless the certification and flood hazard reduction
provisions of Article 5, Section F are met.
(6) Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities
of all new and substantially improved structures, in accordance with the provisions of Article 4, Section B(3).
(7) Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities
have been floodproofed, in accordance with the provisions of Article 4, Section B(3).
(8) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with the provisions of Article 4,
Section B(3).
(9) When floodproofmg is utilized for a particular structure, obtain certifications from a registered professional engineer or
architect in accordance with the provisions of Article 4, Section B(3) and Article 5, Section B(2).
(10) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or
non -encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this article.
(11) When BFE data has not been provided in accordance with the provisions of Article 3, Section B, obtain, review, and
reasonably utilize any BFE data, along with floodway data or non -encroachment area data available from a federal, state,
or other source, including data developed pursuant to Article 5, Section D(2)(c), in order to administer the provisions of
this ordinance.
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(12) When BFE data is provided but no floodway or non -encroachment area data has been provided in accordance with the
provisions of Article 3, Section B, obtain, review, and reasonably utilize any floodway data or non -encroachment area
data available from a federal, state, or other source in order to administer the provisions of this ordinance.
(13) When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel in a Special
Flood Hazard Area is above the BFE, advise the property owner of the option to apply for a Letter of Map Amendment
(LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
(14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available
for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.
(15) Make on -site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the
Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is
being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the
Floodplain Administrator or his or her authorized designee has a right, upon presentation of proper credentials, to enter
on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or
other enforcement action.
(16) Issue stop -work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or
repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The
stop -work order shall be in writing and directed to the person doing or in charge of the work. The stop -work order shall
state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work
may be resumed. Violation of a stop -work order constitutes a misdemeanor.
(17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return
of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation.
Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations
made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State
or local law may also be revoked.
(18) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The
Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of
proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour
for the purposes of inspection or other enforcement action.
(19) Follow through with corrective procedures of Article 4, Section D.
(20) Review, provide input, and make recommendations for variance requests.
(21) Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and
effective FIRM and other official flood maps and studies adopted in accordance with the provisions of Article 3, Section
B of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State
and FEMA of mapping needs.
(22) Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based on Fill (LOMR-Fs) and Letters
of Map Revision (LOMRs).
SECTION D. CORRECTIVE PROCEDURES.
(1) Violations to be corrected: When the Floodplain Administrator finds violations of applicable state and local laws; it shall
be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall
immediately remedy each of the violations of law cited in such notification.
(2) Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall fail to take prompt
corrective action, the Floodplain Administrator shall give the owner written notice, by certified or registered mail to the
owner's last known address or by personal service, stating:
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(a) That the building or property is in violation of the floodplain management regulations;
(b) That a hearing will be held before the Floodplain Administrator at a designated place and time, not later than ten
(10) days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel
and to present arguments and evidence pertaining to the matter; and
(c) That following the hearing, the Floodplain Administrator may issue an order to alter, vacate, or demolish the
building; or to remove fill as applicable.
(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the building or development is in violation of the Flood Damage Prevention Ordinance,
he or she shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified
time period, not less than 60 calendar days, nor more than 180 calendar days. Where the Floodplain Administrator
finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such
lesser period as may be feasible.
(4) Appeal: Any owner who has received an order to take corrective action may appeal the order to the local elected
governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten (10) days
following issuance of the final order. In the absence of an appeal, the order of the Floodplain Administrator shall be
final. The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or
revoke the order.
(5) Failure to Comply with Order: If the owner of a building or property fails to comply with an order to take corrective
action for which no appeal has been made or fails to comply with an order of the governing body following an appeal,
the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the
discretion of the court.
SECTION E. VARIANCE PROCEDURES.
(1) The Board of Adjustment as established by the Town of Elon, hereinafter referred to as the "appeal board", shall hear
and decide requests for variances from the requirements of this ordinance.
(2) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter
7A of the North Carolina General Statutes.
(3) Variances may be issued for:
(a) The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic structure and that the variance is the minimum
necessary to preserve the historic character and design of the structure;
(b) Functionally dependent facilities if determined to meet the definition as stated in Article 2 of this ordinance,
provided provisions of Article 4, Section E(9)(b), (c), and (e) have been satisfied, and such facilities are protected
by methods that minimize flood damages during the base flood and create no additional threats to public safety;
or
(c) Any other type of development provided it meets the requirements of this Section.
(4) In passing upon variances, the appeal board shall consider all technical evaluations, all relevant factors, all standards
specified in other sections of this ordinance, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the
individual owner;
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(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location as defined under Article 2 of this ordinance as a functionally
dependent facility, where applicable;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of
wave action, if applicable, expected at the site; and
(k) The costs of providing governmental services during and after flood conditions including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
(5) A written report addressing each of the above factors shall be submitted with the application for a variance.
(6) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board may attach such
conditions to the granting of variances as it deems necessary to further the purposes and objectives of this ordinance.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the BFE
and the elevation to which the structure is to be built and that such construction below the BFE increases risks to life
and property, and that the issuance of a variance to construct a structure below the BFE may result in increased premium
rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be maintained with a record
of all variance actions, including justification for their issuance.
(8) The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the FEMA and
the State of North Carolina upon request.
(9) Conditions for Variances:
(a) Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local
laws, regulations, or ordinances.
(b) Variances shall not be issued within any designated floodway or non -encroachment area if the variance would
result in any increase in flood levels during the base flood discharge.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(d) Variances shall only be issued prior to development permit approval.
(e) Variances shall only be issued upon:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional hardship; and
(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats
to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
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(10) A variance may be issued for solid waste disposal facilities or sites, hazardous waste management facilities, salvage
yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following
conditions are met.
(a) The use serves a critical need in the community.
(b) No feasible location exists for the use outside the Special Flood Hazard Area.
(c) The reference level of any structure is elevated or floodproofed to at least the Regulatory Flood Protection
Elevation.
(d) The use complies with all other applicable federal, state and local laws.
(e) The Town of Elon has notified the Secretary of the North Carolina Department of Public Safety of its intention
to grant a variance at least 30 calendar days prior to granting the variance.
ARTICLE 5. PROVISIONS FOR FLOOD HAZARD REDUCTION.
SECTION A. GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required:
(1) All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent
flotation, collapse, and lateral movement of the structure.
(2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant
to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage -Resistant Materials Requirements.
(3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood
damages.
(4) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall be
located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the
components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water
softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, and
electric outlets/switches.
(a) Replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original
location provided the addition and/or improvements only comply with the standards for new construction
consistent with the code and requirements for the original structure.
(5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
(6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into flood waters.
(7) On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from
them during flooding.
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(8) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on
the effective date of this ordinance and located totally or partially within the floodway, non -encroachment area, or stream
setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway,
non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the
other requirements of this ordinance.
(9) New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted, except by variance as specified in Article 4, Section E(10). A structure or tank for
chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater
treatment facility may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or
floodproofed to at least the Regulatory Flood Protection Elevation and certified in accordance with the provisions of
Article 4, Section B(3).
(10) All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
(11) All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage.
(12) All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure
to flood hazards.
(13) All subdivision proposals and other development proposals shall have received all necessary permits from those
governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(14) When a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for
new construction and substantial improvements.
(15) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood
elevations, the provisions for the more restrictive flood hazard risk zone and the highest BFE shall apply.
SECTION B. SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where BFE data has been provided, as set forth in Article 3, Section B, or Article 5, Section
D, the following provisions, in addition to the provisions of Article 5, Section A, are required:
(1) Residential Construction. New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood
Protection Elevation, as defined in Article 2 of this ordinance.
(2) Non -Residential Construction. New construction and substantial improvement of any commercial, industrial, or other
non-residential structure shall have the reference level, including basement, elevated no lower than the Regulatory Flood
Protection Elevation, as defined in Article 2 of this ordinance. Structures located in Zones A, AE, AH, AO, A99 may be
floodproofed to the Regulatory Flood Protection Elevation in lieu of elevation provided that all areas of the structure,
together with attendant utility and sanitary facilities, below the Regulatory Flood Protection Elevation are watertight
with walls substantially impermeable to the passage of water, using structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofmg elevation
shall be in accordance with Article 5, Section I (2). A registered professional engineer or architect shall certify that the
floodproofmg standards of this subsection are satisfied. Such certification shall be provided to the Floodplain
Administrator as set forth in Article 4, Section B(3), along with the operational plan and the inspection and maintenance
plan.
(3) Manufactured Homes.
(a) New and replacement manufactured homes shall be elevated so that the reference level of the manufactured home
is no lower than the Regulatory Flood Protection Elevation, as defined in Article 2 of this ordinance.
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(b) Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse,
and lateral movement, either by certified engineered foundation system, or in accordance with the most current
edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of
Insurance pursuant to NCGS 143-143.15. Additionally, when the elevation would be met by an elevation of the
chassis 36-inches or less above the grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above 36-inches in height, an engineering certification
is required.
(c) All enclosures or skirting below the lowest floor shall meet the requirements of Article 5, Section B(4).
(d) An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or
substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall
be filed with and approved by the Floodplain Administrator and the local Emergency Management Coordinator.
(4) Elevated Buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the
lowest floor:
(a) Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access,
or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area
shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance
equipment (standard exterior door), or entry to the living area (stairway or elevator). The interior portion of such
enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;
(b) Shall not be temperature -controlled;
(c) Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood Protection Elevation;
and
(d) Shall include, in Zones A, AE, AH, AO, A99 flood openings to automatically equalize hydrostatic flood forces
on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be
certified by a professional engineer or architect or meet or exceed the following minimum design criteria:
(i) A minimum of two flood openings on different sides of each enclosed area subject to flooding;
(ii) The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed
area subject to flooding;
(iii) If a building has more than one enclosed area, each enclosed area must have flood openings to allow
floodwaters to automatically enter and exit;
(iv) The bottom of all required flood openings shall be no higher than one (1) foot above the higher of the
interior or exterior adjacent grade;
(v) Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit
the automatic flow of floodwaters in both directions; and
(vi) Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore,
do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered
an enclosure and requires flood openings as outlined above.
(5) Additions/Improvements.
(a) Additions and/or improvements to pre -FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements must be designed to minimize flood
damages and must not be any more non -conforming than the existing structure.
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(ii) A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or
the common wall is structurally modified more than installing a doorway, both the existing structure and
the addition must comply with the standards for new construction.
(b) Additions to pre -FIRM or post -FIRM structures that are a substantial improvement with no
modifications/rehabilitations/improvements to the existing structure other than a standard door in the common
wall, shall require only the addition to comply with the standards for new construction.
(c) Additions and/or improvements to post -FIRM structures when the addition and/or improvements in combination
with any interior modifications to the existing structure are:
(i) Not a substantial improvement, the addition and/or improvements only must comply with the standards
for new construction consistent with the code and requirements for the original structure.
(ii) A substantial improvement, both the existing structure and the addition and/or improvements must comply
with the standards for new construction.
(6) Recreational Vehicles. Recreational vehicles shall either:
(a) Temporary Placement
(i) Be on site for fewer than 180 consecutive days; or
(ii) Be fully licensed and ready for highway use. (A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no
permanently attached additions.)
(b) Permanent Placement. Recreational vehicles that do not meet the limitations of Temporary Placement shall meet
all the requirements for new construction.
(7) Tempomry Non -Residential Structures. Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the
event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted
in writing to the Floodplain Administrator for review and written approval:
(a) A specified time period for which the temporary use will be permitted. Time specified may not exceed three (3)
months, renewable up to one (1) year;
(b) The name, address, and phone number of the individual responsible for the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall
of a hurricane or immediately upon flood warning notification);
(d) A copy of the contract or other suitable instrument with the entity responsible for physical removal of the
structure; and
(e) Designation, accompanied by documentation, of a location outside the Special Flood Hazard Area, to which the
temporary structure will be moved.
(8) Accessory Structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood
Hazard Area, the following criteria shall be met:
(a) Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or
restroom areas);
(b) Accessory structures shall not be temperature -controlled;
(c) Accessory structures shall be designed to have low flood damage potential;
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(d) Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to
the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in accordance with the provisions of Article 5, Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with the provisions of Article 5, Section
A(4); and
(g) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Regulatory
Flood Protection Elevation in conformance with the provisions of Article 5, Section B(4)(d).
An accessory structure with a footprint less than 150 square -feet, or that is a minimal investment of $3,000 or less, and
satisfies the criteria outlined above is not required to meet the elevation or floodproofing standards of Article 5, Section
B (2). Elevation or floodproofmg certifications are required for all other accessory structures in accordance with Article
4, Section B(3).
(9) Tanks. When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria
shall be met:
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or
lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty;
(b) Above -ground tanks, elevated. Above -ground tanks in flood hazard areas shall be elevated to or above the
Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation, collapse or
lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation
requirements of the applicable flood hazard area;
(c) Above -ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of Section B
(2) of this ordinance shall be permitted in flood hazard areas provided the tanks are designed, constructed,
installed, and anchored to resist all flood -related and other loads, including the effects of buoyancy, during
conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters
into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and
other flood forces acting on an empty tank during design flood conditions.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(i) At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent the inflow
of floodwater or outflow of the contents of the tanks during conditions of the design flood; and
(ii) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy, during conditions of the design flood.
(10) Other Development.
(a) Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences, shall meet the limitations of Article 5, Section F of this ordinance.
(b) Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and
driveways that involve the placement of fill in regulated floodways shall meet the limitations of Article 5, Section
F of this ordinance.
(c) Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings, including
roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side
of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Article 5,
Section F of this ordinance.
21

SECTION C. RESERVED.
SECTION D. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in Article 3, Section B, where no
BFE data has been provided by FEMA, the following provisions, in addition to the provisions of Article 5, Section A, shall
apply:
(1) No encroachments, including fill, new construction, substantial improvements or new development shall be permitted
within a distance of twenty (20) feet each side from top of bank or five (5) times the width of the stream, whichever is
greater, unless certification with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
(2) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined based on the following
criteria:
(a) When BFE data is available from other sources, all new construction and substantial improvements within such
areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in
accordance with standards in Article 5, Sections A and B.
(b) When floodway or non -encroachment data is available from a Federal, State, or other source, all new construction
and substantial improvements within floodway and non -encroachment areas shall also comply with the
requirements of Article 5, Sections B and F.
(c) All subdivision, manufactured home park and other development proposals shall provide BFE data if
development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such BFE
data shall be adopted by reference in accordance with Article 3, Section B and utilized in implementing this
ordinance.
(d) When BFE data is not available from a Federal, State, or other source as outlined above, the reference level shall
be elevated or floodproofed (nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in
Article 2. All other applicable provisions of Article 5, Section B shall also apply.
SECTION E. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT
WITHOUT ESTABLISHED FLOODWAYS OR NON -ENCROACHMENT AREAS.
Along rivers and streams where BFE data is provided by FEMA or is available from another source but neither floodway nor
non -encroachment areas are identified for a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
(1) Standards of Article 5, Sections A and B; and
(2) Until a regulatory floodway or non -encroachment area is designated, no encroachments, including fill, new construction,
substantial improvements, or other development, shall be permitted unless certification with supporting technical data
by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will not increase the water surface elevation of the
base flood more than one (1) foot at any point within the community.
SECTION F. FLOODWAYS AND NON -ENCROACHMENT AREAS.
Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard Areas established in
Article 3, Section B. The floodways and non -encroachment areas are extremely hazardous areas due to the velocity of
floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to
standards outlined in Article 5, Sections A and B, shall apply to all development within such areas:
22

(1) No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted
unless:
(a) It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the
occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with
standard engineering practice and presented to the Floodplain Administrator prior to issuance of floodplain
development permit; or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision
(LOMR) must also be obtained within six months of completion of the proposed encroachment.
(2) If Article 5, Section F(1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions
of this ordinance.
(3) No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured home
park or subdivision, provided the following provisions are met:
(a) The anchoring and the elevation standards of Article 5, Section B(3); and
(b) The encroachment standards of Article 5, Section F(1).
SECTION G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding
areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly
defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to Article 5,
Sections A and B, all new construction and substantial improvements shall meet the following requirements:
(1) The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map
(FIRM), in feet, plus a freeboard of two (2) feet, above the highest adjacent grade; or at least four (4) feet above the
highest adjacent grade if no depth number is specified.
(2) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in Article 5, Section
I(1) so that the structure, together with attendant utility and sanitary facilities, below that level shall be watertight with
walls substantially impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required in accordance with Article 4,
Section B(3) and Article 5, Section B(2)..
(3) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
SECTION H. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH).
Located within the Special Flood Hazard Areas established in Article 3, Section B, are areas designated as shallow flooding
areas. These areas are subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where
average depths are one (1) to three (3) feet. Base Flood Elevations are derived from detailed hydraulic analyses are shown in
this zone. In addition to Article 5, Sections A and B, all new construction and substantial improvements shall meet the following
requirements:
(1) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from
proposed structures.
23

ARTICLE 6. LEGAL STATUS PROVISIONS.
SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE
PREVENTION ORDINANCE.
This ordinance in part comes forward by re-enactment of some of the provisions of the Flood Damage Prevention Ordinance
enacted 8 December 1987 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions
of the Flood Damage Prevention Ordinance of the Town of Elon enacted on 8 December 1987, as amended, which are not
reenacted herein are repealed.
SECTION B. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any
part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his or her
authorized agents before the time of passage of this ordinance; provided, however, that when construction is not begun under
such outstanding permit within a period of six (6) months subsequent to the date of issuance of the outstanding permit,
construction or use shall be in conformity with the provisions of this ordinance.
SECTION C. SEVERABILITY.
If any section, clause, sentence, or phrase of the Ordinance is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance.
SECTION D. EFFECTIVE DATE.
This ordinance shall become effective upon adoption.
SECTION E. ADOPTION CERTIFICATION.
I hereby certify that this is a true and correct copy of the Flood Damage Prevention Ordinance as adopted by the Board of
Aldermen of the Town of Elon, North Carolina, on the 101 day of October, 2017.
WITNESS my hand and the official seal of the Town of Elon, this the 131 day of October, 2017
.to* N op
Xignature
APRIL 7'M
2 \,--1gg3
(titl
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To Clerk
24

Riparian Buffer Protection Ordinance
Town of Elon, North Carolina
Effective: November 11, 2010
Revised: December 13, 2016

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TABLE OF CONTENTS
Section1. Authority............................................................................................................ 1
Section2. Purpose and Intent.............................................................................................. 1
Section3. Title.................................................................................................................... 1
Section4. Jurisdiction......................................................................................................... 1
Section5. Applicability....................................................................................................... 1
Section 6. Relation to Other Ordinances............................................................................. 1
Section 7. Riparian Area Protection within the Jordan Reservoir Watershed ..................... 2
A. Buffers Protected................................................................................................ 2
B. Exemption Based on On —site Determination...................................................... 3
C. Exemption when Existing Uses are Present and Ongoing .................................. 3
D. Zones of the Riparian Buffer.............................................................................. 4
E. Diffuse Flow Requirements................................................................................ 5
Section 8. Potential Uses and Associated Requirements.................................................... 5
A. Approval for New Development......................................................................... 5
B. Table of Uses....................................................................................................... 6
C. Requirements for Categories of Uses............................................................... 19
Section 9. Permits Procedures, Requirements, and Approvals ......................................... 20
A. Determination of No Practical Alternatives / Request for Authorization
Certificate.......................................................................................................... 20
B. Variances........................................................................................................... 21
C. Mitigation..........................................................................................................22
Section 10. Compliance and Enforcement........................................................................ 27
A. Site Inspections................................................................................................. 27
B. Civil Penalties................................................................................................... 28
C. Criminal Penalties.............................................................................................
29
D. Injunctive Relief................................................................................................
29
Section11. Severability....................................................................................................
30
Section 12. Effective Date................................................................................................
30
Section 13. Revisions to this Ordinance...........................................................................
30
Section14. Definitions......................................................................................................
30

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Section 1. Authority
This Ordinance is adopted pursuant to the authority vested in the Town of Elon by the
Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-
216 (House Bill 239), Session Law 2009-484 (Senate Bill 838), N.0 Gen. Stat § 153A-
121, 153A-140, Chapter 153A, Article 18, N.C. Gen. Stat § 160A-174, 160A-193,
Chapter 160A, Article 19, and any special legislation enacted by the General Assembly
for the Town of Elon.
Section 2. Purpose and Intent
The purposes of the Town of Elon in adopting the following Ordinance is to protect and
preserve existing riparian buffers throughout the Jordan Watershed as generally described
in Rule 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and
Scope), in order to maintain their nutrient removal and stream protection functions.
Additionally this Ordinance will help protect the water supply uses of Jordan Reservoir
and of designated water supplies throughout the Jordan watershed.
Buffers adjacent to streams provide multiple environmental protection and resource
management benefits. Forested buffers enhance and protect the natural ecology of stream
systems, as well as water quality through bank stabilization, shading, and nutrient
removal. They also help to minimize flood damage in flood prone areas. Well -vegetated
streamside riparian areas help to remove nitrogen and prevent sediment and sediment -
bound pollutants such as phosphorous from reaching the streams.
Section 3. Title
This Ordinance shall be known as the Town of Elon Riparian Buffer Protection
Ordinance.
Section 4. Jurisdiction
This Ordinance shall be applied to all land in the planning jurisdiction of the Town of
Elon.
Section 5. Applicability
This Ordinance applies to all landowners and other persons conducting activities in the
area described in Section 4, with the exception of activities conducted under the authority
of the State, the United States, multiple jurisdictions, or local units of government, and
forest harvesting and agricultural activities. The NC Division of Water Quality shall
administer the requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan Water
Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of
Existing Riparian Buffers, respectively) for these activities.
Section 6. Relation to Other Ordinances
The requirements of this Ordinance shall supersede all locally implemented buffer
requirements stated in Rules 15A NCAC 02B .0214 through .0216 as applied to WS-II,
WS-III, and WS-IV waters in the Jordan watershed. If the provisions of this ordinance
otherwise conflict with the provisions of any other validly enforceable ordinance(s) or
laws, the most stringent provisions shall control. This Ordinance is not intended to
1/33

interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision
of law.
Section 7. Riparian Area Protection within the Jordan Reservoir Watershed
A. Buffers Protected
The following minimum criteria shall be used for identifying regulated
buffers:
1. This Ordinance shall apply to activities conducted within, or outside of
with hydrologic impacts in violation of the diffuse flow requirements
set out in Section 7.(E) upon, 50-foot wide riparian buffers directly
adjacent to surface waters in the Jordan watershed (intermittent
streams, perennial streams, lakes, reservoirs and ponds), excluding
wetlands.
2. Wetlands adjacent to surface waters or within 50 feet of surface waters
shall be considered as part of the riparian buffer but are regulated
pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC
2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the
Federal Water Pollution Control Act.
3. For the purpose of this Ordinance, a surface water is defined as being
present if the feature is approximately shown on any of the following:
a. The most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States
Department of Agriculture.
b. The most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States
Geologic Survey (USGS).
c. A map approved by the Geographic Information Coordinating
Council and by the NC Environmental Management Commission.
Prior to approving a map under this Item, the Commission shall
provide a 30-day public notice and opportunity for comment.
Alternative maps approved by the Commission shall not be used
for buffer delineation on projects that are existing and ongoing
within the meaning of Section 7.(C) of this Ordinance.
4. Where the specific origination point of a stream regulated under this
Item is in question, upon request of the NC Division of Water Quality
or another party, the Town of Elon shall make an on -site
determination. A Town of Elon representative who has successfully
completed the Division's Surface Water Identification Training
Certification course, its successor, or other equivalent training
curriculum approved by the Division, shall establish that point using
the latest version of the Division publication, Identification Methods
for the Origins of Intermittent and Perennial Streams, available at
hltp://h2o.enr.state.nc.us/ncwetlands/documents/
NC_ Stream_ ID_Manual.pdf or from the NC Division of Water Quality
- 401 Oversight Express Permitting Unit, or its successor. The Town of
Elon may accept the results of a site assessment made by another party
who meets these criteria. Any disputes over on -site determinations
2/33

made according to this Item shall be referred to the Director of the
Division of Water Quality c/o the 401 Oversight Express Permitting
Unit, or its successor, in writing. The Director's determination is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
5. Riparian buffers protected by this Ordinance shall be measured
pursuant to Section 7.(D) of this Ordinance.
6. Parties subject to this Ordinance shall abide by all State rules and laws
regarding waters of the state including but not limited to Rules 15A
NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC
2H .1300, and Sections 401 and 404 of the Federal Water Pollution
Control Act.
7. No new clearing, grading, or development shall take place nor shall
any new building permits be issued in violation of this Ordinance.
B. Exemption Based on On —site Determination
When a landowner or other affected party including the Division believes that
the maps have inaccurately depicted surface waters, he or she shall consult the
Town of Elon. Upon request, a Town of Elon representative who has
successfully completed the Division of Water Quality's Surface Water
Identification Training Certification course, its successor, or other equivalent
training curriculum approved by the Division, shall make an on -site
determination. The Town of Elon may also accept the results of site
assessments made by other parties who have successfully completed such
training. Any disputes over on -site determinations shall be referred to the
Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor, in writing. A determination of the Director
as to the accuracy or application of the maps is subject to review as provided
in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
not be subject to these buffer requirements if a site evaluation reveals any of
the following cases:
1. Man-made ponds and lakes that are not part of a natural drainage way
that is classified in accordance with 15A NCAC 2B .0100, including
ponds and lakes created for animal watering, irrigation, or other
agricultural uses. (A pond or lake is part of a natural drainage way
when it is fed by an intermittent or perennial stream or when it has a
direct discharge point to an intermittent or perennial stream.)
2. Ephemeral streams.
3. The absence on the ground of a corresponding intermittent or perennial
stream, lake, reservoir, or pond.
4. Ditches or other man-made water conveyances, other than modified
natural streams.
C. Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing; however,
this Ordinance shall apply at the time an existing, ongoing use is changed to
another use. Change of use shall involve the initiation of any activity that
does not meet either of the following criteria for existing, ongoing activity:
1. It was present within the riparian buffer as of the effective date of this
Ordinance and has continued to exist since that time. Existing uses
shall include agriculture, buildings, industrial facilities, commercial
3/33

areas, transportation facilities, maintained lawns, utility lines and on -
site sanitary sewage systems, any of which involve either specific,
periodic management of vegetation or displacement of vegetation by
structures or regular activity. Only the portion of the riparian buffer
occupied by the footprint of the existing use is exempt from this
Ordinance. Change of ownership through purchase or inheritance is
not a change of use. Activities necessary to maintain uses are allowed
provided that the site remains similarly vegetated, no impervious
surface is added within 50 feet of the surface water where it did not
previously exist as of the effective date of this Ordinance, and existing
diffuse flow is maintained. Grading and revegetating Zone Two is
allowed provided that the health of the vegetation in Zone One is not
compromised, the ground is stabilized and existing diffuse flow is
maintained.
2. Projects or proposed development that are determined by the Town of
Elon to meet at least one of the following criteria:
a. Project requires a 401 Certification/404 Permit and these were
issued prior to the effective date this Ordinance, and prior to the
effective date of this Ordinance.
b. Projects that require a state permit, such as landfills, NPDES
wastewater discharges, land application of residuals and road
construction activities, have begun construction or are under
contract to begin construction and had received all required state
permits and certifications prior to the effective date of this
Ordinance;
c. Projects that are being reviewed through the Clean Water Act
Section 404/National Environmental Policy Act Merger 01 Process
(published by the US Army Corps of Engineers and Federal
Highway Administration, 2003) or its immediate successor and
that have reached agreement with DENR on avoidance and
minimization by the effective date of this Ordinance; or
d. Projects that are not required to be reviewed by the Clean Water
Act Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor
if a Finding of No Significant Impact has been issued for the
project and the project has the written approval of the Town of
Elon prior to the effective date of this Ordinance.
e. Projects that have a vested right per North Carolina General
Statutes § 160A-385.1.
D. Zones of the Riparian Buffer
The protected riparian buffer shall have two zones as follows:
1. Zone One shall consist of a vegetated area that is undisturbed except
for uses provided for in the Table of Uses, Section 8.(B) of this
Ordinance. The location of Zone One shall be as follows:
a. For intermittent and perennial streams, Zone One shall begin at the
top of the bank and extend landward a distance of 30 feet on all
4/33

sides of the surface water, measured horizontally on a line
perpendicular to a vertical line marking the top of the bank.
b. For ponds, lakes and reservoirs located within a natural drainage
way, Zone One shall begin at the normal water level and extend
landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in the Table of Uses, Section 8.(B) of this
Ordinance. Grading and revegetating in Zone Two is allowed provided
that the health of the vegetation in Zone One is not compromised.
Zone Two shall begin at the outer edge of Zone One and extend
landward 20 feet as measured horizontally on a line perpendicular to
the surface water. The combined width of Zones One and Two shall be
50 feet on all sides of the surface water.
E. Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow prior to its entry into the buffer and reestablishing
vegetation as follows:
1. Concentrated runoff from new ditches or man-made conveyances shall
be converted to diffuse flow at non -erosive velocities before the runoff
enters Zone Two of the riparian buffer;
2. Periodic corrective action to restore diffuse flow shall be taken as
necessary and shall be designed to impede the formation of erosion
gullies; and
3. As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones
of the Riparian Buffer and Table of Uses respectively, no new
stormwater conveyances are allowed through the buffers except for
those specified in the Table of Uses, Section 8.(B) of this Ordinance,
addressing stormwater management ponds, drainage ditches, roadside
ditches, and stormwater conveyances.
Section 8. Potential Uses and Associated Requirements
A. Approval for New Development
Town of Elon shall issue an approval for new development only if the
development application proposes to avoid impacts to riparian buffers defined
in Section 7.(A) of this Ordinance, or where the application proposes to
impact such buffers, it demonstrates that the applicant has done the following,
as applicable:
1. Determined the activity is exempt from requirements of this
Ordinance;
2. Received an Authorization Certificate from the Town of Elon pursuant
to Section 9.A of this Ordinance;
3. For uses designated as Allowable with Mitigation in the Table of Uses
in Section 8.(B), received approval of mitigation plan pursuant to
Section 9.(C) of this Ordinance; and
4. Received a variance pursuant to Section 9.(B).
5/33

B. Table of Uses
The following chart sets out potential new uses within the buffer, or outside
the buffer with impacts on the buffer, and categorizes them as exempt,
allowable, or allowable with mitigation. All uses not categorized as exempt,
allowable, or allowable with mitigation are considered prohibited and may not
proceed within the riparian buffer or outside the buffer if the use would impact
the buffer, unless a variance is granted pursuant to Section 9.(C) of this
Ordinance, Variances. The requirements for each category are given in Section
8.(C) of this Section following the Table of Uses.
6/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
• Pedestrian access trails that are restricted to the
X
minimum width practicable and do not exceed 4 feet in
width of buffer disturbance, and provided that
installation and use does not result in removal of trees
as defined in this Ordinance and no impervious surface
is added to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of
X
buffer disturbance, the installation or use results in
removal of trees as defined in this Ordinance or
impervious surface is added to the riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150
X
linear feet or one-third of an acre of riparian buffer
• Airport facilities that impact greater than 150 linear
X
feet or one-third of an acre of riparian buffer
• Activities necessary to comply with FAA requirements
X
(e.g. radar uses or landing strips)'
Archaeological activities
X
Bridges
X
Canoe Access provided that installation and use does not
X
result in removal of trees as defined in this Ordinance
and no impervious surface is added to the buffer.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
7/33

Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Dam maintenance activities:
• Dam maintenance activities that do not cause
X
additional buffer disturbance beyond the footprint of
the existing dam or those covered under the U.S. Army
Corps of Engineers Nationwide Permit No. 3
• Dam maintenance activities that do cause additional
X
buffer disturbance beyond the footprint of the existing
dam or those not covered under the U.S. Army Corps
of Engineers Nationwide Permit No.3
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
8/33

Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
• New stormwater flows to existing drainage ditches,
X
roadside ditches, and stormwater conveyances
provided flows do not alter or result in the need to alter
the conveyance and are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies.
• Realignment of existing roadside drainage ditches
X
retaining the design dimensions, provided that no
additional travel lanes are added and the minimum
required roadway typical section is used based on
traffic and safety considerations.
• New or altered drainage ditches, roadside ditches and
X
stormwater outfalls provided that a stormwater
management facility is installed to control nutrients
and attenuate flow before the conveyance discharges
through the riparian buffer
• New drainage ditches, roadside ditches and
X
stormwater conveyances applicable to linear projects
that do not provide a stormwater management facility
due to topography constraints provided that other
practicable BMPs are employed.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
9/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Driveway crossings of streams and other surface waters
subject to this Ordinance:
• Driveway crossings on single family residential lots
X
that disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
• Driveway crossings on single family residential lots
X
that disturb greater than 25 linear feet or 2,500 square
feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or
X
less than 150 linear feet or one-third of an acre of
riparian buffer
• In a subdivision that cumulatively disturb greater than
X
150 linear feet or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or
X
other surface waters subject to this Ordinance
Fences:
• Fences provided that disturbance is minimized and
X
installation does not result in removal of trees as
defined in this Ordinance
• Fences provided that disturbance is minimized and
X
installation results in removal of trees as defined in this
Ordinance
Fertilizer application: one-time application to establish
X
vegetation
Grading and revegetation in Zone Two provided that
X
diffuse flow and the health of existing vegetation in Zone
One is not compromised and disturbed areas are
stabilized until they are revegetated.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
10/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Greenway / hiking trails designed, constructed and
X
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
Historic preservation
X
Maintenance access on modified natural streams: a
X
grassed travel way on one side of the water body when
less impacting alternatives are not practical. The width
and specifications of the travel way shall be only that
needed for equipment access and operation. The travel
way shall be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act
X
provided that new riparian buffers that meet the
requirements of Sections 7.(D) and 7.(E) of this
Ordinance are established adjacent to the relocated
channels
• Mining activities that are not covered by the Mining
X
Act OR where new riparian buffers that meet the
requirements of Sections 7.(D) and 7.(E) of this
Ordinance are not established adjacent to the relocated
channels
• Wastewater or mining dewatering wells with approved
X
NPDES permit
Playground equipment:
• Playground equipment on single family lots provided
X
that installation and use does not result in removal of
vegetation
• Playground equipment installed on lands other than
X
single-family lots or that requires removal of
vegetation
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
11/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Ponds created by impounding streams and not used as
stormwater BMPs:
• New ponds provided that a riparian buffer that meets
X
the requirements of Sections 7.(D) and 7.(E) of this
Ordinance is established adjacent to the pond
• New ponds where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is NOT established adjacent to the pond
Protection of existing structures, facilities and stream
X
banks when this requires additional disturbance of the
riparian buffer or the stream channel
Railroad impacts other than crossings of streams and
X
other surface waters subject to this Ordinance.
Railroad crossings of streams and other surface waters
subject to this Ordinance:
• Railroad crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear
X
feet but equal to or less than 150 linear feet or one-
third of an acre of riparian buffer
• Railroad crossings that impact greater than 150 linear
X
feet or one-third of an acre of riparian buffer
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
12/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Recreational and accessory structures in Zone Two:
• Sheds and gazebos in Zone Two, provided they are not
prohibited under local water supply ordinance:
o Total footprint less than or equal to 150 square
X
feet per lot.
o Total footprint greater than 150 square feet per lot.
X
• Wooden slatted decks and associated steps, provided
the use meets the requirements of Sections 7.(D) and
7.(E) of this Ordinance:
o Deck at least eight feet in height and no
X
vegetation removed from Zone One.
o Deck less than eight feet in height or vegetation
X
removed from Zone One.
Removal of previous fill or debris provided that diffuse
X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other
X
surface waters subject to this Ordinance
Road crossings of streams and other surface waters
subject to this Ordinance:
• Road crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Road crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
• Road crossings that impact greater than 150 linear feet
X
or one-third of an acre of riparian buffer
• To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this
Ordinance
13/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Road relocation: Relocation of existing private access
roads associated with public road projects where
necessary for public safety:
• Less than or equal to 2,500 square feet of buffer
X
impact
• Greater than 2,500 square feet of buffer impact
X
Stormwater BMPs:
• Wet detention, bioretention, and constructed wetlands
X
in Zone Two if diffuse flow of discharge is provided
into Zone One
• Wet detention, bioretention, and constructed wetlands
X
in Zone One
Scientific studies and stream gauging
X
Streambank or shoreline stabilization
X
Temporary roads, provided that the disturbed area is
restored to pre -construction topographic and hydrologic
conditions immediately after construction is complete
and replanted immediately with comparable vegetation,
except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used
to establish vegetation: At the end of five years the
restored buffer shall comply with the restoration criteria
in Section 9.(C)(7) of this Ordinance:
• Less than or equal to 2,500 square feet of buffer
X
disturbance
• Greater than 2,500 square feet of buffer disturbance
X
• Associated with culvert installation or bridge
X
construction or replacement.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
14/33

Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Temporary sediment and erosion control devices,
provided that the disturbed area is restored to pre -
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish
vegetation. At the end of five years the restored buffer
shall comply with the restoration criteria in Section
9.(C)(7) of this Ordinance:
• In Zone Two provided ground cover is established
X
within timeframes required by the Sedimentation and
Erosion Control Act, vegetation in Zone One is not
compromised, and runoff is released as diffuse flow in
accordance with Section 7.(E) of this Ordinance.
• In Zones one and two to control impacts associated
X
with uses approved by the Town of Elon or that have
received a variance, provided that sediment and
erosion control for upland areas is addressed, to the
maximum extent practical, outside the buffer.
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the Federal
Water Pollution Control Act.
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel.
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Ordinance 2,3,5 :
• Disturb equal to or less than 150 linear feet of riparian
X
buffer
• Disturb greater than 150 linear feet of riparian buffer
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
15/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Utility, electric, aerial, other than perpendicular
crossings 5:
• Impacts in Zone Two
X
• Impacts in Zone One','
X
Utility, electric, underground, perpendicular
crossings',4,':
• Disturb less than or equal to 40 linear feet of riparian
X
buffer
• Disturb greater than 40 linear feet of riparian buffer
X
Utility, electric, underground, other than perpendicular
crossings 4:
• Impacts in Zone Two
X
• Impacts in Zone One'
X
Utility, non -electric, perpendicular crossings of streams
and other surface waters subject to this Ordinance',': ❑
• Disturb equal to or less than 40 linear feet of riparian
X
buffer with a maintenance corridor equal to or less than
10 feet in width
• Disturb equal to or less than 40 linear feet of riparian
X
buffer with a maintenance corridor greater than 10 feet
in width
• Disturb greater than 40 linear feet but equal to or less
X
than 150 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
• Disturb greater than 40 linear feet but equal to or less
X
than 150 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
• Disturb greater than 150 linear feet of riparian buffer
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
16/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Utility, non -electric, other than perpendicular
crossings 4.5:
• Impacts in Zone Two
X
• Impacts in Zone One'
X
Vegetation management:
• Emergency fire control measures provided that
X
topography is restored
• Mowing or harvesting of plant products in Zone Two
X
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and
X
function of the forest vegetation is not compromised
• Removal of individual trees that are in danger of
X
causing damage to dwellings, other structures or
human life, or are imminently endangering stability of
the streambank.
• Removal of individual trees which are dead, diseased
X
or damaged.
• Removal of poison ivy
X
• Removal of invasive exotic vegetation as defined in:
X
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept.
of Environment and Natural Resources. Division of Parks
and Recreation. Raleigh, NC. Guideline #30
• Vehicular access roads leading to water -dependent
X
structures as defined in 15A NCAC 02B .0202,
provided they do not cross the surface water and have
minimum practicable width not exceeding ten feet.
• Water dependent structures as defined in 15ANCAC
X
02B .0202 where installation and use result in
disturbance to riparian buffers.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
17/33

Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Water supply reservoirs:
• New reservoirs where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is established adjacent to the reservoir
• New reservoirs where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is not established adjacent to the reservoir
Water wells
• Single family residential water wells
X
• All other water wells
X
Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
• Wetland, stream and buffer restoration that requires
X
NC Division of Water Quality approval for the use of a
401 Water Quality Certification
• Wetland, stream and buffer restoration that does not
X
require Division of Water Quality approval for the use
of a 401 Water Quality Certification
Wildlife passage structures
X
Piping of a stream under a permit issued by the US
Army Corps of Engineers
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native
vegetation.
• Zones one and two meet the requirements of Sections 7.(D) and 7.(E)
'Provided that, in Zone One, all of the following BMPs for overhead utility lines are
used. If all of these BMPs are not used, then the overhead utility lines shall require a no
practical alternative evaluation by the Town of Elon, as defined in Section 9.(A).
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be
managed such that only vegetation that poses a hazard or has the potential to grow
tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil.
Stumps shall remain where trees are cut.
18/33

• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish
vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of
the disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water
body unless the Town of Elon completes a no practical alternative evaluation as defined
in Section 9.(A).
'Provided that, in Zone One, all of the following BMPs for underground utility lines are
used. If all of these BMPs are not used, then the underground utility line shall require a
no practical alternative evaluation by the Town of Elon, as defined in Section 9.(A).
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil.
Stumps shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately
following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish
vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of
the disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine
maintenance to ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Perpendicular crossings are those that intersect the surface water at an angle between 75
degrees and 105 degrees.
C. Requirements for Categories of Uses
Uses designated in Section 8.(B) of this Section as exempt, allowable, and
allowable with mitigation within a riparian buffer shall have the following
requirements:
1. Exempt.
Uses designated as exempt are permissible without authorization by
the Town of Elon provided that they adhere to the limitations of the
activity as defined in Section 8.(B) of this Section, the Table of Uses.
In addition, exempt uses shall be designed, constructed and maintained
to minimize soil disturbance and to provide the maximum water
quality protection practicable, including construction, monitoring, and
maintenance activities.
2. Allowable.
Uses designated as allowable may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 9.(A) of
this Section. This includes construction, monitoring, and maintenance
activities. These uses require written authorization from the Town of
Elon.
3. Allowable with Mitigation.
19/33

Uses designated as allowable with mitigation may proceed provided
that there are no practical alternatives to the requested use pursuant to
Section 9.(A) of this Section and an appropriate mitigation strategy has
been approved pursuant to Section 9.(C). These uses require written
authorization from the Town of Elon.
Section 9. Permits Procedures, Requirements, and Approvals
A. Determination of No Practical Alternatives / Request for Authorization
Certificate
1. Persons who wish to undertake uses designated as allowable or
allowable with mitigation shall submit a request for a "no practical
alternatives" determination to the Town of Elon. The applicant shall
certify that the project meets all the following criteria for finding "no
practical alternatives":
a. The basic project purpose cannot be practically accomplished in a
manner that would better minimize disturbance, preserve aquatic
life and habitat, and protect water quality;
b. The use cannot practically be reduced in size or density,
reconfigured or redesigned to better minimize disturbance,
preserve aquatic life and habitat, and protect water quality; and
c. Best management practices shall be used if necessary to minimize
disturbance, preserve aquatic life and habitat, and protect water
quality.
2. The applicant shall also submit at least the following information in
support of their assertion of "no practical alternatives":
a. The name, address and phone number of the applicant;
b. The nature of the activity to be conducted by the applicant;
c. The location of the activity, including the jurisdiction;
d. A map of sufficient detail to accurately delineate the boundaries of
the land to be utilized in carrying out the activity, the location and
dimensions of any disturbance in riparian buffers associated with
the activity, and the extent of riparian buffers on the land;
e. An explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to better
minimize disturbance to the riparian buffer, preserve aquatic life
and habitat and protect water quality; and
f. Plans for any best management practices proposed to be used to
control the impacts associated with the activity.
3. Within 60 days of a submission that addresses Section 9.(A)(2) , the
Town of Elon shall review the entire project and make a finding of fact
as to whether the criteria in Section 9.(A)(1) of this Section have been
met. A finding of "no practical alternatives" shall result in issuance of
an Authorization Certificate. Failure to act within 60 days shall be
construed as a finding of "no practical alternatives" and an
Authorization Certificate shall be issued to the applicant unless one of
the following occurs:
a. The applicant agrees, in writing, to a longer period;
20/33

b. The Town of Elon determines that the applicant has failed to
furnish requested information necessary to the Town of Elon
decision;
c. The final decision is to be made pursuant to a public hearing; or
d. The applicant refuses access to its records or premises for the
purpose of gathering information necessary to the Town of Elon's
decision.
4. The Town of Elon may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of this Ordinance.
5. Any appeals of determinations regarding Authorization Certificates
shall be referred to the Director of the Division of Water Quality, c/o
the 401 Oversight Express Permitting Unit, or its successor. The
Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
B. Variances
1. Requirements for Variances.
Persons who wish to undertake prohibited uses may pursue a variance.
The Town of Elon may grant minor variances. For major variances,
the Town of Elon shall prepare preliminary findings and submit them
to the Division of Water Quality, 4 01 Oversight Express Permitting
Unit, or its successor for approval by the Environmental Management
Commission. The variance request procedure shall be as follows:
a. For any variance request, the Town of Elon shall make a finding of
fact as to whether there are practical difficulties or unnecessary
hardships that prevent compliance with the riparian buffer
protection requirements. A finding of practical difficulties or
unnecessary hardships shall require that the following conditions
are met:
i. If the applicant complies with the provisions of this
Ordinance, he/she can secure no reasonable return from,
nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from
the property shall not be considered adequate justification
for a variance. Moreover, the Town of Elon shall consider
whether the variance is the minimum possible deviation
from the terms of this Ordinance that shall make reasonable
use of the property possible;
ii. The hardship results from application of this Ordinance to
the property rather than from other factors such as deed
restrictions or other hardship;
iii. The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, such that
compliance with provisions of this ordinance would not
allow reasonable use of the property;
iv. The applicant did not cause the hardship by knowingly or
unknowingly violating this Ordinance;
21/33

v. The applicant did not purchase the property after the
effective date of this Ordinance, and then request a
variance; and
vi. The hardship is rare or unique to the applicant's property.
b. The variance is in harmony with the general purpose and intent of
the State's riparian buffer protection requirements and this
Ordinance and preserves its spirit; and
c. In granting the variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice
has been done.
2. Minor Variances
A minor variance request pertains to activities that will impact only
Zone Two of the riparian buffer. Minor variance requests shall be
reviewed and approved based on the criteria in Section 9.(A)(1)
through Section 9.(A)(3) by the Town of Elon pursuant to G.S. 153A-
Article 18, or G.S. 160A-Article 19. The Town of Elon may attach
conditions to the variance approval that support the purpose, spirit and
intent of the riparian buffer protection program. Request for appeals to
decisions made by the Town of Elon shall be made in writing to the
Director of the Division of Water Quality c/o the 401 Oversight
Express Permitting Unit, or its successor. The Director's decision is
subject to review as provided in G.S. 150B Articles 3 and 4.
3. Major Variances
A major variance request pertains to activities that will impact any
portion of Zone One or any portion of both Zones One and Two of the
riparian buffer. If the Town of Elon has determined that a major
variance request meets the requirements in Section 9.(B)(1) then it
shall prepare a preliminary finding and submit it to the NC
Environmental Management Commission c/o the Division of Water
Quality, 401 Oversight Express Permitting Unit, or its successor, for
approval. Within 90 days after receipt by the Town of Elon, the
Commission shall review preliminary findings on major variance
requests and take one of the following actions: approve, approve with
conditions and stipulations, or deny the request. Appeals from a
Commission decision on a major variance request are made on judicial
review to Superior Court.
C. Mitigation
1. This item shall apply to persons who wish to impact a riparian buffer
in the Jordan watershed when one of the following applies:
d. A person has received an Authorization Certificate pursuant to
Section 9.(A) of this Ordinance for a proposed use that is
designated as "allowable with mitigation;" or
e. A person has received a variance pursuant to Section 9.(B) of this
Ordinance and is required to perform mitigation as a condition of a
variance approval.
2. Issuance of the Mitigation Approval
The Town of Elon shall issue a mitigation approval upon determining
that a proposal meets the requirements set out in this Ordinance. The
22/33

approval shall identify at a minimum the option chosen, the required
and proposed areas, and either the mitigation location or the offset
payment amount as applicable.
3. Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following
options:
a. Payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B .0269 (Jordan
Water Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to
the NC Ecosystem Enhancement Program) contingent upon
acceptance of payments by the NC Ecosystem Enhancement
Program, or to a private mitigation bank that complies with
banking requirements of the US Army Corps of Engineers,
currently set out at
http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.
html or from the US Army Corps of Engineers, P.O. Box 1890,
Wilmington, NC, 28402-1890, and the applicable trading criteria in
Rule 15A NCAC 02B .0273;
b. Donation of real property or of an interest in real property pursuant
to Section 9.(C)(6) of this Ordinance; or
c. Restoration or enhancement of a non -forested riparian buffer
pursuant to the requirements of Section 9.(C)(7) of this Ordinance.
4. The Area of Mitigation
The Town of Elon shall determine the required area of mitigation,
which shall apply to all mitigation options identified in Section
9.(C)(3) of this Ordinance and as further specified in the requirements
for each option set out in this Section, according to the following:
a. The impacts in square feet to each zone of the riparian buffer shall
be determined by the Town of Elon by adding the following:
i. The area of the footprint of the use causing the impact to the
riparian buffer;
ii. The area of the boundary of any clearing and grading activities
within the riparian buffer necessary to accommodate the use;
and
iii. The area of any ongoing maintenance corridors within the
riparian buffer associated with the use.
b. The required area of mitigation shall be determined by applying
the following multipliers to the impacts determined in Section
9.(4)(a) of this Ordinance to each zone of the riparian buffer:
i. Impacts to Zone One of the riparian buffer shall be multiplied
by three;
ii. Impacts to Zone Two of the riparian buffer shall be multiplied
by one and one-half, and
iii. Impacts to wetlands within Zones One and Two of the riparian
buffer that are subject to mitigation under 15A NCAC 2H
.0506 shall comply with the mitigation ratios in 15A NCAC 2H
.0506.
5. The Location of Mitigation
23/33

For any option chosen, the mitigation effort shall be located within the
same subwatershed of the Jordan watershed, as defined in 15A NCAC
0213.0262, and the same distance from the Jordan Reservoir as the
proposed impact, or closer to the Reservoir than the impact, and as
close to the location of the impact as feasible. Alternatively, the
applicant may propose mitigation anywhere within the same
subwatershed of the Jordan watershed, as defined in 15A NCAC
0213.0262, provided that the mitigation proposal accounts for
differences in delivery of nutrients to the affected arm of Jordan
Reservoir resulting from differences between the locations of the
buffer impact and mitigation. Additional location requirements for the
property donation option are enumerated in Section 9.(C)(6)(c)(i) of
this Ordinance.
6. Donation of Property
Persons who choose to satisfy their mitigation determination by
donating real property or an interest in real property shall meet the
following requirements:
a. The donation of real property interests may be used to either
partially or fully satisfy the payment of a compensatory mitigation
fee to the Riparian Buffer Restoration Fund pursuant to 15A
NCAC 02B .0269. The value of the property interest shall be
determined by an appraisal performed in accordance with Section
9.(C)(6)(d)(iv) of this Ordinance. The donation shall satisfy the
mitigation determination if the appraised value of the donated
property interest is equal to or greater than the required fee. If the
appraised value of the donated property interest is less than the
required fee calculated pursuant to 15A NCAC 02B .0269, the
applicant shall pay the remaining balance due.
b. The donation of conservation easements to satisfy compensatory
mitigation requirements shall be accepted only if the conservation
easement is granted in perpetuity.
c. Donation of real property interests to satisfy the mitigation
determination shall be accepted only if such property meets all of
the following requirements:
i. In addition to the location requirements of Section 9.(C)(5) of
this Ordinance, the property shall be located within an area that
is identified as a priority for restoration in, or is otherwise
consistent with the goals of, the Basinwide Wetlands and
Riparian Restoration Plan for the Cape Fear River Basin
developed by NC Division of Water Quality pursuant to G.S.
143-214.10;
ii. The property shall contain riparian buffers not currently
protected by the State's riparian buffer protection program that
are in need of restoration as defined in Section 9.(7)(d) of this
Ordinance;
iii. The restorable riparian buffer on the property shall have a
minimum length of 1000 linear feet along a surface water and a
24/33

minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
iv. The size of the restorable riparian buffer on the property to be
donated shall equal or exceed the area of mitigation
responsibility determined pursuant to Section 9.(C)(4) of this
Ordinance;
v. Restoration shall not require removal of man-made structures
or infrastructure;
vi. The property shall be suitable to be successfully restored, based
on existing hydrology, soils, and vegetation;
vii. The estimated cost of restoring and maintaining the property
shall not exceed the value of the property minus site
identification and transaction costs;
viii. The property shall not contain any building, structure, object,
site, or district that is listed in the National Register of Historic
Places established pursuant to Public Law 89-665, 16 U.S.C.
470 as amended;
ix. The property shall not contain any hazardous substance or solid
waste;
x. The property shall not contain structures or materials that
present health or safety problems to the general public. If
wells, septic, water or sewer connections exist, they shall be
filled, remediated or closed at owner's expense in accordance
with state and local health and safety regulations;
xi. The property and adjacent properties shall not have prior,
current, and known future land use that would inhibit the
function of the restoration effort; and
xii. The property shall not have any encumbrances or conditions on
the transfer of the property interests.
d. At the expense of the applicant or donor, the following information
shall be submitted to the Town of Elon with any proposal for
donations or dedications of interest in real property:
i. Documentation that the property meets the requirements laid
out in Section 9.(C)(6)(c) of this Ordinance;
ii. US Geological Survey 1:24,000 (7.5 minute) scale topographic
map, county tax map, USDA Natural Resource Conservation
Service County Soil Survey Map, and county road map
showing the location of the property to be donated along with
information on existing site conditions, vegetation types,
presence of existing structures and easements;
iii. A current property survey performed in accordance with the
procedures of the North Carolina Department of
Administration, State Property Office as identified by the State
Board of Registration for Professional Engineers and Land
Surveyors in "Standards of Practice for Land Surveying in
North Carolina." Copies may be obtained from the North
Carolina State Board of Registration for Professional Engineers
25/33

and Land Surveyors, 3620 Six Forks Road, Suite 300, Raleigh,
North Carolina 27609;
iv. A current appraisal of the value of the property performed in
accordance with the procedures of the North Carolina
Department of Administration, State Property Office as
identified by the Appraisal Board in the "Uniform Standards of
Professional North Carolina Appraisal Practice." Copies may
be obtained from the Appraisal Foundation, Publications
Department, P.O. Box 96734, Washington, D.C. 20090-6734;
and
v. A title certificate.
7. Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through
riparian buffer restoration or enhancement shall meet the following
requirements:
a. The applicant may restore or enhance a non -forested riparian
buffer if either of the following applies:
i. The area of riparian buffer restoration is equal to the required
area of mitigation determined pursuant to Section 9.(C)(4) of
this Ordinance; or
ii. The area of riparian buffer enhancement is three times larger
than the required area of mitigation determined pursuant to
Section 9.(C)(4) of this Ordinance;
b. The location of the riparian buffer restoration or enhancement shall
comply with the requirements in Section 9.(C)(5) of this
Ordinance;
c. The riparian buffer restoration or enhancement site shall have a
minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
d. Enhancement and restoration shall both have the objective of
establishing a forested riparian buffer according to the
requirements of this Item. Enhancement shall be distinguished
from restoration based on existing buffer conditions. Where
existing trees are sparse, that is greater than or equal to 100 trees
per acre but less than 200 trees per acre, a buffer may be enhanced.
Where existing woody vegetation is absent, that is less than 100
trees per acre, a buffer may be restored;
The applicant shall first receive an Authorization Certificate for the
proposed use according to the requirements of Section 9.(A) of this
Ordinance. After receiving this determination, the applicant shall
submit a restoration or enhancement plan for approval by the Town
of Elon. The restoration or enhancement plan shall contain the
following:
i. A map of the proposed restoration or enhancement site;
ii. A vegetation plan. The vegetation plan shall include a
minimum of at least two native hardwood tree species planted
at a density sufficient to provide 320 trees per acre at maturity;
26/33

iii. A grading plan. The site shall be graded in a manner to ensure
diffuse flow through the riparian buffer;
iv. A fertilization plan; and
v. A schedule for implementation;
f. Within one year after the Town of Elon has approved the
restoration or enhancement plan, the applicant shall present proof
to the Town of Elon that the riparian buffer has been restored or
enhanced. If proof is not presented within this timeframe, then the
person shall be in violation of both the State's and the Town of
Elon riparian buffer protection program;
g. The mitigation area shall be placed under a perpetual conservation
easement that will provide for protection of the property's nutrient
removal functions; and
h. The applicant shall submit annual reports for a period of five years
after the restoration or enhancement showing that the trees planted
have survived and that diffuse flow through the riparian buffer has
been maintained. The applicant shall replace trees that do not
survive and restore diffuse flow if needed during that five-year
period.
Section 10. Compliance and Enforcement
A. Site Inspections
1. Agents, officials, or other qualified persons authorized by the Town of
Elon may periodically inspect riparian buffers to ensure compliance
with this ordinance.
2. Notice of the right to inspect shall be included in the letter of approval
of each variance and buffer authorization.
3. Authority to Enter Property and Conduct Investigations and
Inspections
Authorized agents, officials or other qualified persons shall have the
authority, upon presentation of proper credentials, to enter and inspect
at reasonable times any property, public or private, for the purpose of
investigating and inspecting the site of any riparian buffer. No person
shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the Town of Elon, while that person is
inspecting or attempting to inspect a riparian buffer nor shall any
person obstruct, hamper or interfere with any such representative while
in the process of carrying out their official duties. The Town of Elon
shall have the power to conduct such investigations as deemed
reasonably necessary to carry out the duties as prescribed in this
Ordinance.
4. Notice of Violation
a. If it is determined that a person has failed to comply with the
requirements of this Ordinance, or rules, or orders adopted or
issued pursuant to this Ordinance, a notice of violation shall be
served upon that person. The notice may be served by any means
authorized under G.S. lA-1, rule 4. In the event service cannot be
accomplished by registered or certified mail, it may be
27/33

accomplished in any manner provided in rule (4)j of the North
Carolina Rules of Civil Procedure.
b. The notice shall specify the violation and inform the person of the
actions that need to be taken to comply with this Ordinance, or
rules or orders adopted pursuant to this Ordinance. The notice
shall direct the person to correct the violation within a specified
reasonable time. The notice shall inform the person that any
person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued
pursuant to this Ordinance is subject to the civil and criminal
penalties and other enforcement actions as provided in this
Ordinance.
5. Power to Require Statements
The Town of Elon 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 activities.
B. Civil Penalties
1. Assessment of Penalties
Any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued
pursuant to this Ordinance shall be subject to a civil penalty. A civil
penalty for a violation may be assessed in an amount not to exceed ten
thousand dollars ($10,000) per day. If any violation for which a
penalty may be assessed is continuous, a civil penalty may be assessed
for each day of the violation in an amount not to exceed twenty-five
thousand dollars ($25,000) per day for as long as the violation occurs.
Each day of a continuing violation shall constitute a separate violation
under Section 10.(B)(1).
2. Notice of Civil Penalty Assessment
The Board of Aldermen of the Town of Elon shall provide written
notice of the civil penalty amount and the basis for the assessment to
the person assessed. The notice of civil penalty assessment shall be
served by any means authorized under G.S. lA-1, Rule 4, and shall
direct the violator to either pay the assessment or contest the
assessment, within thirty (30) days after receipt of the notice of
assessment by written demand for a hearing.
3. Hearing
A hearing on the civil penalty shall be conducted by the Town of Elon
Board of Alderman within 30 days after the date the written demand
for the hearing is received by the Town.
4. Final Decision.
The Town of Elon Board of Aldermen shall issue a final decision on
the civil penalty within 30 days of the hearing. A copy of the final
decision shall be served on the violator by any means authorized under
G.S. lA-1, Rule 4.
5. Appeal of Final Decision.
Appeal form the final decision of the Board of Aldermen shall be to
the Superior Court of the county in which the violation occurred. Any
28/33

appeal must be filed with 30 days of receipt of the final decision. A
copy of the appeal must be served on the (Town manager/County
board/other appropriate person) by any means authorized under G.S.
IA-1, Rule 4.
6. Demand for Payment of Penalty
An assessment that is not contested is due when the violator is served
with a notice of assessment. The civil penalty must be paid within 30
days or the assessment, if not appealed, or within 30 days after the
conclusion of the administrative or judicial review of the assessment.
If payment is not received within 30 days after demand for payment is
made, the Town of Elon may institute a civil action to recover the
amount of the assessment. The civil action may be brought in the
Superior Court where the violation occurred, or the violator's
residence or principal place of business is located. Such civil actions
must be filed within three (3) years of the date the assessment was due.
7. Use of Penalties
[Civil penalties collected pursuant to this Ordinance shall be credited
to the general fund of the Town of Elon as nontax revenue.]
C. Criminal Penalties
1. A violation of the provisions of this Ordinance or a rule or order
adopted pursuant to this ordinance shall be punished as provided for in
the North Carolina General Statutes for the violation of local
ordinances. See. E.g., Section 14-4 of the North Carolina General
Statutes. Violation may also be punishable under the provisions of
Section 143-215.6B of the North Carolina General Statutes.
D. Injunctive Relief
1. Civil Action in Superior Court
Whenever the governing body of the Town of Elon 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, 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 Town of Elon for injunctive relief to restrain
the violation or threatened violation. The action shall be brought in the
Superior Court of Alamance County.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or
is threatened, the court shall enter any order or judgment that is
necessary to abate the violation, to ensure that restoration is
performed, or to prevent the threatened violation. The institution of an
action for injunctive relief under this section shall not relieve any party
to the proceedings from any civil or criminal penalty prescribed for
violations of this Ordinance.
E. Compliance with Requirements
29/33

Any person engaged in new activities as defined by this Ordinance who fails
to meet the requirements of this Ordinance shall be deemed in violation of this
Ordinance.
Section 11. Severability
If any one or more sections or portions thereof of this Ordinance are held to be invalid or
unenforceable, all other sections and portions thereof shall nevertheless continue in full
force and effect.
Section 12. Effective Date
This Ordinance will become effective upon approval by the NC Environmental
Management Commission and adoption by the Town of Elon Board of Aldermen.
Section 13. Revisions to this Ordinance
The Town of Elon shall review any revisions to the Model Local Riparian Buffer
Protection Ordinance made by the Environmental Management Commission and, within
60 days of receipt of the recommended revisions, submit draft amendments to the
Commission for its consideration and comments. Within 90 days after receipt of the
Commissions' comments, the Town of Elon will incorporate amendments into this
ordinance.
Section 14. Definitions
For the purpose of this Ordinance, these terms shall be defined as follows:
A. `Access Trails' means pedestrian trails constructed of pervious or impervious
surfaces and related structures to access a surface water, including
boardwalks, steps, rails, and signage.
B. `Airport Facilities' means all properties, facilities, buildings, structures, and
activities that satisfy or otherwise fall within the scope of one or more of the
definitions or uses of the words or phrases `air navigation facility', `airport',
or `airport protection privileges' under G.S. 63-1; the definition of
`aeronautical facilities' in G.S. 63-79(1); the phrase `airport facilities' as used
in G.S. 159-48(b)(1); the phrase `aeronautical facilities' as defined in G.S.
159-81 and G.S. 159-97; and the phrase `airport facilities and improvements'
as used in Article V, Section 13, of the North Carolina Constitution, which
shall include, without limitation, any and all of the following: airports, airport
maintenance facilities, clear zones, drainage ditches, fields, hangars, landing
lighting, airport and airport -related offices, parking facilities, related
navigational and signal systems, runways, stormwater outfalls, terminals,
terminal shops, and all appurtenant areas used or suitable for airport buildings
or other airport facilities, and all appurtenant rights -of -way; restricted landing
areas; any structures, mechanisms, lights, beacons, marks, communicating
systems, or other instrumentalities or devices used or useful as an aid, or
constituting an advantage or convenience to the safe taking off, navigation,
and landing of aircraft, or the safe and efficient operation or maintenance of
30/33

an airport or restricted landing area; easements through, or interests in, air
space over land or water, interests in airport hazards outside the boundaries of
airports or restricted landing areas, and other protection privileges, the
acquisition or control of which is necessary to ensure safe approaches to the
landing areas of airports and restricted landing areas, and the safe and efficient
operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the
definition of `airport facilities':
I. Satellite parking facilities;
2. Retail and commercial development outside of the terminal area, such
as rental car facilities; and
3. Other secondary development, such as hotels, industrial facilities, free-
standing offices and other similar buildings, so long as these facilities
are not directly associated with the operation of the airport, and are not
operated by a unit of government or special governmental entity such
as an airport authority, in which case they are included in the
definition of `airport facilities'.
C. `Channel' means a natural water -carrying trough cut vertically into low areas
of the land surface by erosive action of concentrated flowing water or a ditch
or canal excavated for the flow of water.
D. `DBH' means diameter at breast height of a tree measured at 4.5 feet above
ground surface level.
E. `Development' means the same as defined in Rule 15A NCAC 2B .0202(23).
F. `Ditch or canal' means a man-made channel other than a modified natural
stream constructed for drainage purposes that is typically dug through inter -
stream divide areas. A ditch or canal may have flows that are perennial,
intermittent, or ephemeral and may exhibit hydrological and biological
characteristics similar to perennial or intermittent streams.
G. `Ephemeral stream' means a feature that carries only stormwater in direct
response to precipitation with water flowing only during and shortly after
large precipitation events. An ephemeral stream may or may not have a well-
defined channel, the aquatic bed is always above the water table, and
stormwater runoff is the primary source of water. An ephemeral stream
typically lacks the biological, hydrological, and physical characteristics
commonly associated with the continuous or intermittent conveyance of
water.
H. `Existing development' means development, other than that associated with
agricultural or forest management activities, that meets one of the following
criteria:
I. It either is built or has established a vested right based on statutory or
common law as interpreted by the courts, for projects that do not
require a state permit, as of the effective date of either local new
development stormwater programs implemented under Rule 15A
NCAC 2B .0265 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development) or, for projects requiring a state
permit, as of the applicable compliance date established in Rule 15A
NCAC 2B .0271 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development), Items (5) and (6); or
31/33

2. It occurs after the compliance date set out in Sub -Item (4)(d) of Rule
.0265 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development) but does not result in a net
increase in built -upon area.
I. `Greenway / Hiking Trails' means pedestrian trails constructed of pervious or
impervious surfaces and related structures including but not limited to
boardwalks, steps, rails, and signage, and that generally run parallel to the
shoreline.
J. `High Value Tree' means a tree that meets or exceeds the following standards:
for pine species, 14-inch DBH or greater or 18-inch or greater stump
diameter; or for hardwoods and wetland species, 16-inch DBH or greater or
24-inch or greater stump diameter.
K. `Intermittent stream' means a well-defined channel that contains water for
only part of the year, typically during winter and spring when the aquatic bed
is below the water table. The flow may be heavily supplemented by
stormwater runoff. An intermittent stream often lacks the biological and
hydrological characteristics commonly associated with the continuous
conveyance of water.
L. `Jordan nutrient strategy' or `Jordan water supply nutrient strategy' means the
set of Rules 15A NCAC 213.0262 through .0273 and .031 l (p).
M. `Jordan Reservoir' means the surface water impoundment operated by the US
Army Corps of Engineers and named B. Everett Jordan Reservoir, as further
delineated for purposes of the Jordan nutrient strategy in Rule 15A NCAC 2B
.0262(4).
N. `Jordan watershed' means all lands and waters draining to B. Everett Jordan
Reservoir.
O. New Development' means any development project that does not meet the
definition of existing development set out in this Ordinance.
P. "Perennial stream" means a well-defined channel that contains water year
round during a year of normal rainfall with the aquatic bed located below the
water table for most of the year. Groundwater is the primary source of water
for a perennial stream, but it also carries stormwater runoff. A perennial
stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of
water.
Q. "Perennial waterbody" means a natural or man-made basin, including lakes,
ponds, and reservoirs, that stores surface water permanently at depths
sufficient to preclude growth of rooted plants. For the purpose of the State's
riparian buffer protection program, the waterbody must be part of a natural
drainage way (i.e., connected by surface flow to a stream).
R. `Shoreline stabilization' is the in -place stabilization of an eroding shoreline.
Stabilization techniques which include "soft" methods or natural materials
(such as root wads, or rock vanes) may be considered as part of a restoration
design. However, stabilization techniques that consist primarily of "hard"
engineering, such as concrete lined channels, riprap, or gabions, while
providing bank stabilization, shall not be considered stream restoration.
S. `Stream restoration' is defined as the process of converting an unstable,
altered or degraded stream corridor, including adjacent riparian zone and
32/33

flood -prone areas to its natural or referenced, stable conditions considering
recent and future watershed conditions. This process also includes restoring
the geomorphic dimension, pattern, and profile as well as biological and
chemical integrity, including transport of water and sediment produced by the
stream's watershed in order to achieve dynamic equilibrium. `Referenced' or
`referenced reach' means a stable stream that is in dynamic equilibrium with
its valley and contributing watershed. A reference reach can be used to
develop natural channel design criteria for stream restoration projects.
T. Stream" means a body of concentrated flowing water in a natural low area or
natural channel on the land surface.
U. `Stump diameter' means the diameter of a tree measured at six inches above
the ground surface level.
V. "Surface waters" means all waters of the state as defined in G.S. 143-212
except underground waters
W. "Tree" means a woody plant with a DBH equal to or exceeding five inches or
a stump diameter exceeding six inches.
X. `Temporary road' means a road constructed temporarily for equipment access
to build or replace hydraulic conveyance structures such as bridges, culverts,
pipes or water dependent structures, or to maintain public traffic during
construction.
33/33

�1.
I
Riparian Stream Buffers
What? A riparian buffer is an area along a stream that remains wooded and vegetated.
Why? Riparian buffers are essential in limiting stormwater pollution and nutrients that
enter streams and go downstream. Streams without riparian buffers are more
�+ likely to experience erosion and degraded water quality.
When?
The Town passed a riparian buffer protection ordinance in fall of 2010 that
established riparian buffers on streams that are shown on the USGS Quadmap
and NRCS soil survev mans. A man of the affected streams and the ordinance
Two Different Buffer Zones
• Zone 1 — An undisturbed or natural area that is 30' wide and runs paral-
lel to the stream. Trees and vegetation located in this zone are not al-
lowed to be cut or removed without approval from the Town. In addi-
tion, buildings, parking lots, driveways, or other impervious surfaces
(surfaces that water cannot penetrate) are prohibited in Zone 1.
• Zone 2 — A 20' wide strip that is adjacent to Zone 1 but with a few more
maintenance allowances. For example, Zone 2 allows lawns to be main-
tained and trees to be removed. However, similar to Zone 1, buildings,
parking lots, driveways, or other impervious surfaces are prohibited in
Zone 2.
Questions?
Exemptions
A grandfather clause exists in the
riparian buffer protection ordinance
that allows existing uses to continue
as long as the use is present and on-
going within the riparian buffer aA
of the implementation date of the
ordinance.
However if these uses change then
the buffer ordinance applies. If you
have a question about existing or
new uses of the buffer, please
contact Town Planner, Sean Tencer.
What do Riparian Buffers
Do?
Stream Buffers are an essential
part of a healthy ecosystem. They
provide many benefits including:
• Improved Water Quality.
• Reducing Stream Bank Ero-
sion.
• Limiting Flooding Impacts.
• Provide Habitat for Animals &
Aquatic Insects.
• Controlling Water Tempera-
ture for Streams.
• Limiting Nutrient Runoff.
Contact Town Planner Sean Tencer at [phone] or at
104 South Williamson Avenue.

sty OFF{
1893
Town of Elon
Buffer Authorization
Application
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Date Issued:
Date Paid:
Check No.:
Rec'd By:
Town of Elon 104 South Williamson Avenue Town web site:
Telephone: [phone] Elon, NC 27244 www.elonnc.com
Fax: [phone]
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
LOCATION:
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable) :
Zone 1 Impacted
Disturbance: Square feet Type of Disturbance:
Zone 1 Impacted
Disturbance: Square feet Type of Disturbance:
❑ LOW DENSITY (no more than two dwelling units per acre or twenty-four percent built -upon area):
❑ HIGH DENSITY (exceeds the low density thresholds for dwelling units per acre or built -upon area)
Section B. APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Phone No.:
Company: Fax No:
Address:
Fax No:
Email Address:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Phone No.:
Company: Fax No.:
Address:
Fax No:
Email Address:
Zip:
Form BUFFER AUTHAPP-I I of 4 January 2015

ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
1. Sheets shall be no larger than 36" x 24" plan and profile paper.
2. Minimum text size shall be 1/8".
3. Scale on plan view shall be no smaller than 1" = 50'; scale on profile view shall be
no smaller than 1" = 50' horizontally and 1" = 5' vertically using a grid showing F
intervals.
4. All drawings to be in North Carolina State Plane coordinate system.
Provide a legend indicating existing and proposed lines, features and symbols.
All elevations shall be given in relation to mean sea level; elevations in profile view
shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
Plan views shall have a north arrow on each drawing.
All drawings sealed, signed and dated by a NC Professional Engineer or Landscape
Architect.
9. A signed and sealed statement on the plans certifying that the Buffer Disturbance
shall comply with the Town's Jordan Lake Riparian Buffer Ordinance.
10. Plans shall show label the buffer, buffer disturbance, and active minimization
measures taken. Plans shall show the reason for the buffer disturbance and include
disturbance totals and type of disturbance.
11. Plan view shall show all actual street names. State road numbers shall be shown if
applicable. Plan view should also indicate whether street is asphalt, concrete, gravel
or dirt. Proposed street & Right-of-way widths will be dimensioned back-to-back
and labeled in plan view.
12. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains, etc.
All available elevations shall be shown on the profile view. Direction of flow shall
be shown on plan view for all sanitary sewers and storm drains. Materials and pipe
sizes shall be labeled.
Form BUFFER AUTHAPP-1 2 of 4 January 2015

13. Existing utility lines shall be shown and labeled on plan view and indicated in the
legend.
14. Plans shall show final proposed locations and dimensions of all water, storm drain,
and sanitary sewer lines, devices to be installed on the system, catch basins,
culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
15. All existing and proposed water, storm drainage and sanitary sewer easements shall
be shown on all applicable sheets.
16. Number of dwelling units
17. Existing and proposed topographic lines (minimum 2-foot intervals).
18. Streams, ponds, wetlands, etc. on the project site and within 50 feet of the property
lines.
19. Location of floodplain and floodway (if applicable).
20. Location of drainage ways and easements.
Site Drainage Features:
21. Any existing stormwater control systems.
22. Show extent and number of disturbed acres.
23. Proposed impervious areas.
24. Soil information: type, special characteristics.
25. Name and classification of receiving water course.
26. All necessary construction specifications.
27. Sequence of construction.
28. Construction drawings and details for temporary and permanent measures.
29. Size and location of culverts.
30. Disclosure of party ultimately responsible for operation and maintenance of the
disturbance.
Mitigation:
31. Buffer mitigation calculations and plans. (If applicable).
32. Designer's certification.
33. Narrative description of proposed stormwater system.
Form BUFFER AUTHAPP-1 3 of 4 January 2015

Stormwater Calculations:
34. Narrative description of disturbance (methods, variables, assumptions, etc.) and
results.
35. Narrative description of avoidance and minimization.
36. Explanation of how diffuse flow will be maintained.
37. Amount and type of existing and proposed land use.
Section D. ATTACHMENTS
❑ 2 sets of plans
❑ 1 set of calculations
❑ Operation and Maintenance Manual
Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the Town's Riparian Buffer Protection Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the Town of Elon.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Form BUFFER AUTHAPP-1 4 of 4 January 2015

OF F�
1893
Town of Elon
Stormwater Permit Application
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Date Issued:
Date Paid:
Check No.:
Rec'd By:
Town of Elon 104 South Williamson Avenue Town web site:
Telephone: [phone] Elon, NC 27244 www.clonne.com
Fax: [phone]
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
LOCATION:
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable) :
DISTURBED AREA:
TOTAL DU/Acre: % Built Upon Area: TOTAL Built Upon Area:
❑ LOW DENSITY (no more than two dwelling units per acre or twenty-four percent built -upon area).
❑ HIGH DENSITY (exceeds the low density thresholds for dwelling units per acre or built -upon area).
Project DU/Acre: Project BUA %:
Section B. APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Phone No.:
Company: Fax No:
Address:
Fax No:
Email Address:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Phone No.:
Company: Fax No.:
Address:
Fax No:
Email Address:
Zip:
Form SWPA-1 I of 6 January 1, 2016

ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
All drawings sealed, signed and dated by a NC Professional Engineer or
Landscape Architect.
Sheets shall be no larger than 36" x 24" plan and profile paper.
Minimum text size shall be 1/8".
4. Scale on plan view shall be no smaller than 1" = 50% scale on profile view shall
be no smaller than 1" = 50' horizontally and 1" = 5' vertically using a grid
showing 1' intervals.
All drawings to be in North Carolina State Plane coordinate system.
6. Cover sheet shall have a vicinity map at a scale no smaller than 1" = 200'.
Provide a legend indicating existing and proposed lines, features and symbols.
Cover sheet shall include all general notes, owner's name, telephone number, and
mailing address.
9. All elevations shall be given in relation to mean sea level; elevations in profile
view shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
10. Benchmark elevations and locations shall be shown on plan view.
11. Plan views shall have a north arrow on each drawing.
12. Each drawing shall have the following information in the title block: Street or
project title, limits, horizontal and vertical scales, original date, revisions date,
drawing number, checked by and drawn by. Recommended placement is lower
right-hand corner.
13. A signed and sealed statement on the plans (if a high density project) certifying
that the design of all stormwater management facilities and practices will control
and treat the runoff from the from the first one inch of rain over the total drainage
area, that the designs and plans are sufficient to comply with applicable standards
and policies found in the Stormwater BMP Design Manual, and that the designs
and plans ensure compliance with the Town's Phase II Stormwater Ordinance.
Form SWPA-1 2 of 6 January 1, 2016

14. Plan view shall show all actual street names. State road numbers shall be shown
if applicable. Plan view should also indicate whether street is asphalt, concrete,
gravel or dirt. Proposed street & Right-of-way widths will be dimensioned back-
to-back and labeled in plan view.
15. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains,
etc. All available elevations shall be shown on the profile view. Direction of flow
shall be shown on plan view for all sanitary sewers and storm drains. Materials
and pipe sizes shall be labeled.
16. Existing utility lines shall be shown and labeled on plan view and indicated in the
legend.
17. Plans shall show final proposed locations and dimensions of all water, storm
drain, and sanitary sewer lines, devices to be installed on the system, catch
basins, culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
18. All existing and proposed water, storm drainage and sanitary sewer easements
shall be shown on all applicable sheets.
19. Number of dwelling units.
20. Existing and proposed topographic lines (minimum 2-foot intervals).
21. Town limits, county lines, and other jurisdiction lines, if any.
22. Streams, ponds, wetlands, and topographic features on the project site and within
50 feet of the property lines.
23. Location of floodplain and floodway (if applicable).
24. Location of drainage ways and easements.
Site Drainage Features:
25. Existing and planned drainage patterns (include off -site areas that drain through
project).
26. Any existing stormwater control systems.
27. Sub -watershed delineation showing drainage areas.
28. Show extent and number of disturbed acres.
29. Proposed impervious areas.
30. Soil information: type, special characteristics.
31. Name and classification of receiving water course.
Form SWPA-1 3 of 6 January 1, 2016

Permanent Stormwater Control Measures (High Density only):
32. Type of BMP (wet pond, rain -garden, etc).
33. Designer's certification.
34. Narrative description of proposed stormwater system (where runoff originates
(e.g. roofs, roads, parking lots etc.), its conveyance within the project, its
treatment, and its conveyance from the project to the receiving water body).
35. Profile along the centerline of the principal spillway/outfall pipe extending below
the protected outfall or to the downstream structure.
36. Elevations of the "water quality" surface, temporary storage water surface, and
the 10 and 100 year storms.
37. Stage -storage table for each BMP.
38. If BMP is to be used to treat construction site runoff, provide steps necessary to
restore BMP to original design condition.
39. All necessary construction specifications.
40. Sequence of construction.
41. Individual drainage areas for each stormwater BMP.
42. Construction drawings and details for permanent measures.
43. Size and location of culverts.
44. Size and location of subsurface drainage conveyances.
45. Disclosure of party ultimately responsible for operation and maintenance of the
stormwater system.
Storm water Calculations:
46. Narrative description of calculations (methods, variables, assumptions, etc.) and
results.
47. Stormwater BMPs designed in accordance with North Carolina Department of
the Environment and Natural Resources -Division of Water Quality's Manual of
Stormwater Best Management Practices.
48. Time of concentration for pre/post development conditions
49. Pre -construction and post -construction runoff calculations for each outlet from
the site (at peak discharge points).
50. Pre -construction and post -construction design calculations and hydrographs.
51. Design calculations of culverts and storm sewers.
Form SWPA-1 4 of 6 January 1, 2016

52. Discharge and velocity calculations for open channel and ditch flows (easement
& right-of-ways).
53. Design calcs of cross sections and method of stabilization of existing and planned
channels (include temporary linings).
54. Design calcs and construction details of energy dissipators below culvert and
storm sewer outlets (diameters & apron dimensions).
55. Amount and type of existing and proposed land use.
Operation and Maintenance Manual (for each BMP, High Density only):
56. Narrative description of the purpose and operation of the BMP.
57. Detailed list, description, and procedure of routine maintenance items.
58. Detailed list, description, and procedure of non -routine maintenance items.
59. Maintenance schedule.
60. Steps needed to restore BMP in the event of a failure.
61. Maintenance checklist and inspection form.
62. BMP construction drawings. Replace with record drawings when BMP is
complete.
63. Latitude and longitude of each stormwater BMP.
Section D. ATTACHMENTS
❑ 1 sets of plans
❑ 1 set of calculations
❑ 1 copy of narrative
❑ Operation and Maintenance Agreement
❑ Application Fee
❑ PDF of all of the above
Form SWPA-I 5 of 6 January 1, 2016

Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the Town's Phase II Stormwater Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
Date
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the Town of Elon.
Original Signature of Owner or Authorized Agent Title
Type or Print Name Date
Form SWPA-1 6 of 6 January 1, 2016

STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
Town of Elon

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
hereinafter referred to as the "OWNER(S)"
and the Town of Elon, North Carolina, hereinafter referred to as the "TOWN",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
as recorded by deed in the land records
of Alamance County, (Alamance County tax Map/Parcel Identification Number)
Deed Book Page , Parcel Identification Number
hereinafter called the "Property".
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as ,
(Name of Plan/Development)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the TOWN, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the TOWN and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of Elon,
North Carolina, require that on -site structural stormwater BMP facilities be constructed and
maintained on the Property; and
WHEREAS, the TOWN requires that on -site structural stormwater Management facilities
as shown on the Plan be constructed and adequately maintained by the OWNER, its
successors and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Manual(s). This includes all pipes and channels
built to convey stormwater to the facility, as well as all structures, improvements, and
vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as good working condition so that these facilities are
performing their design functions.
Form SWMA-1 2 of 6 JiTly 1, 2007

Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an inspection report. The
inspection report shall be due annually 30 days from the date of the final structural
stormwater Management facilities construction inspection. The purpose of the inspection
is to assure safe and proper functioning of the facilities. The inspection shall cover the
entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall
be noted in the inspection report.
4. The OWNER, its successors and assigns, hereby grant permission to the TOWN, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the TOWN deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The TOWN shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the TOWN,
the TOWN may enter upon the Property and take whatever steps necessary to correct
deficiencies identified in the inspection report and to charge the costs of such repairs to
the OWNER, its successors and assigns. This provision shall not be construed to allow
the TOWN to erect any structure of permanent nature on the land of the OWNER outside
of the easement for the structural stormwater Management facilities. It is expressly
understood and agreed that the TOWN is under no obligation to routinely maintain or
repair said facilities, and in no event shall this Agreement be construed to impose any
such obligation on the TOWN.
6. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER and the
association shall enter into an escrow agreement with TOWN. The agreement shall
contain all of the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establishment of an escrow account which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
stormwater control measures and devices of the particular site plan or subdivision. If
structural stormwater Management facilities are not performing adequately or as
intended or are not properly maintained, the TOWN, in its sole discretion, may
remedy the situation, and in such instances the TOWN shall be fully reimbursed from
the escrow account. Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural stormwater Management facilities; provided that, the
TOWN shall first consent to the expenditure.
Both OWNER contribution and annual sinking funds shall fund the escrow account.
Prior to plat recordation or issuance of stormwater permits, whichever shall first
occur, the OWNER shall pay into the escrow account an amount equal to fifteen (15)
per cent of the initial construction cost of the structural stormwater Management
facilities. Two-thirds (2/3) of the total amount of sinking fund budget shall be
Form SWMA-1 3 of 6 July 1, 2007

Structural Stormwater BMP Maintenance Agreement
deposited into the escrow account within the first five (5) years and the full amount
shall be deposited within ten (10) years following initial construction of the
stormwater control measure or device. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the property owners
association shall include an allocation into the escrow account. Any funds drawn
down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
d. Granting to the TOWN a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
Allowing the TOWN to recover from the association and its members any and all
costs the TOWN expends to maintain or repair the stormwater control and
management facility or to correct any operational deficiencies. Failure to pay to the
TOWN all of its expended costs, after thirty (30) days written notice, shall constitute
a breach of the agreement. The TOWN shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien herein
authorized by the agreement against the property, or both in the case of a deficiency.
Interest, collection costs, and attorney fees shall be added to the recovery.
f. A statement that this agreement shall not obligate the TOWN to maintain or repair
any stormwater control measure or device, and that the TOWN shall not be liable to
any person for the condition or operation of structural stormwater Management
facilities.
g. A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the TOWN to enforce any of its ordinances as authorized by law.
7. The OWNER, its successors and assigns, will perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for
the structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
8. In the event the TOWN, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the OWNER, its successors and assigns, shall reimburse the
TOWN upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the TOWN hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the TOWN and the
OWNER agrees to hold the TOWN harmless from any liability in the event the structural
stormwater Management facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Alamance County, North
Carolina, and shall constitute a covenant running with the land, and shall be binding on
the OWNER, its administrators, executors, assigns, heirs and any other successors in
interests, including any homeowners association.
Form SWMA-1 4 of 6 JiTly 1, 2007

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
COUNTY
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 JiTly 1, 2007

TOWN OF FLON, NORTH CAROLINA
M.
Town of Elon (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
COUNTY
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
Town Attorney Date
Form SWMA-1 6 of 6 July 1, 2007

Town of Elon
Telephone: [phone]
Fax:[phone]
Town of Elon
Stormwater As -built Submission
Form
104 South Williamson Avenue
Elon, NC 27244
FOR OFFICE USE ONLY
Permit No.:
Rec'd By:
Date
Rec'd:
Town web site:
www.elonne.com
Prior to obtaining a Certificate of Occupancy, the following items must be provided to the
Elon Stormwater Administrator for approval. These will be compared to the approved
stormwater permit application for any irregularities or non-conformance with the approved
plans.
❑ As -built Drawings (2 paper copies)
❑ Electronic As -built Drawings (.dwg, .jpg, .tif, or pdf format.)
❑ Designer's Stormwater BMP Certification
The as -built drawings shall reflect the "as -constructed" condition of the development, and
shall include sufficient information to demonstrate conformance with the approved
stormwater permit application. Significant deviations from the approved plan shall be
considered violations of the Elon Phase II Stormwater Ordinance and are grounds for the
invocation of the injunctions and penalties defined therein, and/or withholding the release of
any bond pending the completion of corrective action(s), and/or requiring a submittal of a
revised stormwater permit application.
In the event that the Stormwater Administrator requires submittal of a revised plan, the
revision shall include a description of the discrepancies between the site conditions and the
prior approved stormwater permit application, along with design calculations that
demonstrate that the as -built conditions comply with the Elon Phase II Stormwater
Ordinance. Should the as -built conditions be shown to have a negative impact with regards
to flooding, maintenance, erosion or water quality, the Stormwater Administrator has the
authority to require other mitigation measures and proposed design plans to mitigate any
potential impacts from the development.
Submitted By:
(Signature Required)
(Print Name)
Date:
Form SWSF-1 1 of 1 July 1, 2007

Town of Elon
WET DETENTION POND
Engineer's Statement of Certification
Town of Elon
Telephone: [phone]
Fax: [phone]
Description
Slope of embankments (3:1)
Elevations on the following:
Bottom of pond
Bottom of riser
Top of riser
Water quality hole
Invert of inflow and outflow pipes
Top of dam: Elevation and width
Width of maintenance benches
Anti -seep collars - size
Size and material of riser/barrel
Verification of volume:
Permanent Sediment Storage (CF)
Permanent Water Quality (SF)
Temporary Water Quality (CF)
Baffle location and top elevation
Emergency Spillway - Width
Emergency Spillway - Elevation
104 South Williamson Avenue
Elon, NC 27244
FOR OFFICE USE ONLY
Permit No.:
Date Rec'd.:
Rec'd By:
Design As -built
Town web site:
www.elonne.com
I state to the best of my knowledge and belief that the permanent structural stormwater Best
Management Practice(s) for will control and treat the runoff from the first one
(name of plat)
inch of rain over the total drainage area, is duly recorded in the Office of the Alamance County
Register of Deeds, and has been completed in conformance with the approved plans and
specifications dated
(approval date)
SIGNATURE
DATE
(Seal)

Town of Elon
B10-RETENTION
Engineer's Statement of Certification
City of Graham Planning Department Town of Elon
Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone]
Bio-Retention Cell Identification:
Description
Slope of embankments (3:1)
Elevations on the following:
Bypass Structure
Surface
Top of Dam
Surface Area (SF)
Ponding Area (SF)
Minimum Volume Required (CF)
Volume Provided (CF)
Groundcover
Underdrains
Internal Water Storage Provided
Size & Material of Bypass Structure
Design
FOR OFFICE USE ONLY
Permit No.:
Date Rec'd.:
Rec'd By:
104 South Williamson Avenue
Elon, NC 27244
As -built
I state to the best of my knowledge and belief that the permanent structural stormwater Best
Management Practice(s) for will control and treat the runoff from the first one
(name of plat)
inch of rain over the total drainage area, is duly recorded in the Office of the Alamance County
Register of Deeds, and has been completed in conformance with the approved plans and
specifications dated
(approval date)
SIGNATURE
DATE
(Seal)