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HomeMy WebLinkAboutNCS000515_China Grove Draft SW Ordinance_201904248-1 Town of China Grove Unified Development Ordinance Section 8.1 Parking General Provisions .............................................................................................. 8-2 8.2 Parking Ratios .................................................................................................................. 8-3 8.3 Shared Parking and Parking Connectivity ....................................................................... 8-4 8.4 Parking Dimensions ......................................................................................................... 8-5 8.5 Loading Area Requirements ............................................................................................ 8-5 8.6 Driveways ........................................................................................................................ 8-6 8.7 Lighting ............................................................................................................................ 8-6 8.8 Street Design Standards ................................................................................................. 8-11 8.9 Sidewalks ....................................................................................................................... 8-14 8.10 Water and Sewer ............................................................................................................ 8-14 8.11 Stormwater Management ............................................................................................... 8-17 CHAPTER 8: PARKING AND INFRASTRUCTURE 8-2 Town of China Grove Unified Development Ordinance Section 8.11 Stormwater Management 8.11.1 Comprehensive Storm Drainage Plan A. A comprehensive storm drainage system shall be planned and implemented for each development of greater than 20,000 square feet of impervious area in accordance with the general standards and requirements of this Section. Detail plans where required shall be submitted as part of the Construction Documents. B. Storm drainage plans shall be considered on an individual basis depending upon the situation within a given development. C. The requirements of the Flood Damage Prevention ordinance shall apply to storm drainage design where applicable. D. Post development run-off flow rate shall not exceed predevelopment run-off flow rate. Stormwater volumes shall be detained within the development and released at a rate no greater than existed prior to development and shall meet the design storm requirements below. Stormwater System or Component Design Storm Open Drainage Channel 10 year Enclosed System Collectors 10 year Enclosed System for Street Crossings and Downstream Areas 25 year Flood Damage Prevention (see Code of Ordinances) 100 year Detention Facilities 2 and 10 year Detention Emergency Spillway 100 year 8.11.2 Obstruction of Drainage Channels Prohibited No fences or structures shall be constructed across an open drainage channel that will reduce or restrict the flow of water. The Zoning Administrator may require any water course or stormwater management facility to be located within a dedicated drainage easement officially recorded at the Rowan County Register of Deeds as a “permanent drainage easement” that provides sufficient width for maintenance. 8.11.3 Grading Standards The following standards shall be followed in establishing the grading plan for a development: A. Developments shall be designed and constructed with a positive drainage flow away from buildings towards approved stormwater management facilities. Plans for drainage facilities shall be approved by the Town Engineer. B. In the design of site grading plans, all impervious surfaces in the proposed development (including off street parking) shall be considered. C. Site grading and drainage facilities shall protect sinkholes, wetlands, ponds and lakes from increased sediment loading. CHAPTER 8: PARKING AND INFRASTRUCTURE 8-3 Town of China Grove Unified Development Ordinance D. Site grading shall not increase runoff flow rate onto downstream properties. E. A site shall not be graded to create a slope greater than 2:1 at adjacent properties unless the slope already existed on the undeveloped land. In no case shall the slope be made steeper than it was on the undeveloped land within the perimeter setbacks. Terraced or stepped slopes that achieve the overall slope requirement may be considered by the TRC on a case by case basis. F. All disturbed areas within the dedicated right-of-way and easements of any subdivision street shall be restored with vegetation and the landscaping standards of Chapter 7 shall be met. G. Stormwater facilities to be located in designated open space areas shall be regulated in accordance with Chapter 6 of this Ordinance. 8.11.4 Adoption Standards Road grading and associated stormwater management shall follow the most current standards of the North Carolina Department of Transportation (NCDOT). Phase II stormwater shall meet the guidelines established by the North Carolina Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land Resources (DEMLR) Rules and Regulations. Acceptable design methods for stormwater treatment shall comply with NCDEQ DEMLR Stormwater Design Manual, latest edition at the time of permitting review. Development and redevelopment shall meet the minimum standards for post-development stormwater management as set forth by the State of North Carolina, NCDEQ and as stated in subsequent sections of this Ordinance. 8.11.5 Phase II Requirements – Stormwater Management Facilities The following Phase II Stormwater Requirements shall be followed to comply with the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act for Stormwater Regulations. Any new development or redevelopment which disturbs one or more acres shall be required to adhere to the guidelines set forth in this section. Projects which disturb less than an acre but are part of a larger common plan of development shall also follow the Phase II Stormwater Requirements. 8.11.6 Purpose. This Ordinance seeks to meet the requirements of the Town's National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit. The purpose is to establish requirements and procedures to control post-development stormwater runoff and nonpoint and point source discharges as well as illicit discharges into municipal stormwater systems. The outcome is to protect public health, safety, environment and general welfare of citizens by establishing requirements and procedures to control the adverse effects of the developed environment. Management of stormwater runoff during and after construction will help prevent surface water quality degradation and increased flooding in the streams and lakes within Town’s jurisdiction. 8.11.7 Definitions. 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. CHAPTER 8: PARKING AND INFRASTRUCTURE 8-4 Town of China Grove Unified Development Ordinance Design manual. The stormwater design manual approved for use in phase II jurisdictions by the North Carolina Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land Resources (DEMLR). The design manual includes a local appendix of recommendations for SCMs that any property owner could utilize to help in managing stormwater. All references herein to the design manual are to the latest published edition or revision. Development: Any land disturbing activity that increases the amount of built upon area or that otherwise decreases the infiltration of precipitation into the soil. High-density project: Any project that exceeds the low-density threshold for dwelling units per acre (two dwelling units per acre) or built-upon area (24%). 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 24 percent built-upon area (BUA) for all residential and non-residential development. One-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours. Owner: The legal or beneficial owner of land or business, 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. Redevelopment: Any land-disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control than the previous development. Stormwater Control Measure. or "SCMs": control urban stormwater runoff and can include "structural SCMs" such as infiltration devices, ponds, filters and constructed wetlands; and "non-structural SCMs such as maintenance practices, street sweeping, public education and outreach programs. Structural SCM: A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre- development hydrology on a developed site; or to achieve any combination of these goals. Structural SCM includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Structural SCMP" 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. Design Volume: Is the amount of stormwater runoff that an SCM or series of SCMs is designed to treat. Low Impact Development: A site design approach and implementation of stormwater management that is modeled after nature and mimic’s the predevelopment site’s hydrology and ecological environment. CHAPTER 8: PARKING AND INFRASTRUCTURE 8-5 Town of China Grove Unified Development Ordinance 8.11.8 Applicability. This Ordinance shall be applicable to all development and redevelopment which results in disturbed area of one acre or more. The Phase II Stormwater Requirements shall apply to any work/project beginning on or after the effective date of this Ordinance. The Town may require treatment of runoff from public streets or large expanses of impervious area in developments disturbing less than an acre. 8.11.9 SCMs Guidelines and Design Manual. Guidelines shall follow the North Carolina Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land Resources (DEMLR) Rules and Regulations. Acceptable design methods shall comply with the NCDEQ DEMLR Stormwater Design Manual, latest edition at the time of permitting review. Development and redevelopment shall meet the minimum standards for post-development stormwater management as set forth by the State of North Carolina, NCDEQ. The major goal of the post-development requirements is to achieve pre-development stormwater runoff quantity and quality in order to reduce erosion, pollution and increased temperatures in streams and water sources. SCMs, designed per the Design Manual, shall be used for post-construction stormwater runoff controls for projects determined to be high-density (greater than 24% impervious area). Low-density projects shall require deed restrictions and conveyances to ensure the amount of built-upon area will not be increased. 8.11.10 Easements and Performance Security. Easements shall be required for access to SCMs. In the event that the owner does not maintain the SCM, the Town shall have the ability to access the SCM. A performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement shall be required prior to issuance of the Stormwater Permit. Where easements are required, they shall be noted on the Final Plat. Maintenance easements may be required for roadways depending upon the size of the drainage way and the maintenance responsibility as determined by the Town. In any case where maintenance is to be the responsibility of the property owner, the Town may require a right to enter for maintenance purposes where the Town Board determines that the public health, safety, or general welfare constitutes a public necessity for such maintenance. 8.11.11 Inspections, Operation and Maintenance. A signed and notarized Operation and Maintenance Agreement shall be executed for each SCM. An annual inspection report signed by a person with the training/qualifications to inspect SCMs shall be submitted to the Town annually for each SCM. 8.11.12 Residential Ownership of SCMs. The Developer shall be responsible for any SCM until property owners have accepted responsibility under a homeowners association or other legal means to adopt the responsibility for the SCMs. Property owners shall be made aware of any applicable deed restriction, responsibilities and/or operation and maintenance agreements under homeowners associations. CHAPTER 8: PARKING AND INFRASTRUCTURE 8-6 Town of China Grove Unified Development Ordinance 8.11.13 Illicit Discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state. 8.11.14 Procedures and Submittal Requirements. Unless exempt per this Ordinance, a Stormwater Permit is required for all development and redevelopment. A permit will be issued upon a properly submitted and reviewed application package. Submittal requirements for stormwater permitting review shall contain the following: 1. Permit Application. 2. Application Fee. 3. Vicinity Map. 4. Copy of the Property Deed. 5. Detailed Narrative Stormwater Report. 6. Design Calculations. 7. NCDEQ Supplement Form for each SCM. 8. Operation and Maintenance Agreements signed and notarized. 9. Deed Restrictions if proposed. 10. Two Sets of Construction Plansets. 11. Soils Report for sites which propose infiltration SCM. Upon completion of construction of stormwater management facilities, the design engineer shall inspect, sign and seal record drawings to show that the stormwater management facilities were built per the approved plans. The signed and sealed record drawing shall be filed with the Town. Final plats showing the location and referencing the SCM’s shall be recorded with Rowan County. Signed and notarized Operations and Maintenance Agreements shall also be recorded. As stated in 8.11.11 An annual inspection report signed by a person with the training/qualifications to inspect SCMs shall be submitted to the Town once a year for each SCM. 8.11.15 Enforcement and Violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint in accordance with the procedures established in Section 14.4 of the Town of China Grove Unified Development Ordinance and Section 54 of the Town Code. The provisions of this ordinance shall be enforced by the stormwater administrator. Any failure to comply with applicable requirements, prohibitions, standards, or limitations imposed by this ordinance, or the terms or conditions of any permit, maintenance agreement, or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance and is subject to the same CHAPTER 8: PARKING AND INFRASTRUCTURE 8-7 Town of China Grove Unified Development Ordinance civil or criminal penalties as other zoning violations, with each day that a violation continues constituting a separate offense.