NCS000428_APPLICATION_20100128

NORTH CAROLINA
Department of Environmental Qua

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
ffc o
DOC TYPE
❑FINAL PERMIT
❑� /�IVNUAL fiEPORT
I�YAPPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ � I � v L ��
YYYYMMDD

•
•
State of North Carolina 0FKC;EIS1F[0NLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
NPDES STORMW TER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU 25'8) are both
required for the application package to be considered'a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION ❑New Application ®Renewal (Permit No. NCO00428)
a.
Name of Public Entity
City of Burlington
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
City
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91— 97
Classification Code
e.
County(s)
Alamance
f.
Jurisdictional Area (square
The jurisdictional and MS4 service area of City of Burlington is
miles)
26 square miles. The ETJ area is 10.5 square miles, but the only
legal authority that the City has within this area is the
enforcement of the Soil Erosion and Sedimentation Control
Ordinance, and the City's Zoning and Subdivision Regulations.
g.
Population
Permanent
44,917
Seasonal (if available)
n/a
h.
Ten-year Growth Rate
According to census information from 1990 and 2000, the
annual growth rate for the City of Burlington is 1.37%.
i.
Located on Indian Lands?
Yes ® No �lr
II. RPE / M54 SYSTEM INFORMATION
a. Storm Sewer Service Area
uare miles
26
b. River Basin(s)
Cape Fear River Basin
[Ill
c. Number of Primary Receiving
Streams
7
d. Estimated percentaqe of jurisdictional
area containing the following
four land use activities:
• Residential
53%
• Commercial
12%
• Industrial
11 %
• Open Space
24%
SWU-264-103102
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NPDES RPE Stormwater Permit Application
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III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes
® No
b. Local Water Supply Watershed Program
® Yes
❑ No Alamance County
c. Delegated Erosion and Sediment Control Program
® Yes
❑ No
d. CAMA Land Use Plan
❑ Yes
®No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ®No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity;
* Name of Phase I MS4
• NPDES Permit Number
c_ Do you intend to co -permit
❑Yes ❑ No
with another Phase II entity.
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
®Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Alamance County Health Department
• Element they will implement
Septic Tank Regulation
• Contact Person
Environmental Health
• Contact Address
209 N Graham -Hopedale Road, Burlington, NC 27217
• Contact Telephone Number
336-570-6367
C.
Are legal agreements in place to
establish responsibilities?
❑ Yes ® No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This delegation
must name a specific person and position and include documentation of the delegation action through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
5WU-264-103102

NPDES RPE Stormwater Permit Application
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VII. SIGNING OFFICIAL.'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit application. If
authority for the NPDES Stormwater permit has been appropriately delegated through board action and
documented in this permit application, the person/position listed in Section VI above may sign the official
statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name
nie K WA
Title
Mayor, City of Burlington
Street Address
425 South Lexington Avenue
PO Box
PO Box 1358
City
Burlington
State
NC
Zip
27216
Telephone
336-222-5020
Fax
336-513-5452
E-Mail
[e-mail]
VIII. M54 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day implementation and
oversight of the stormwater program.
a.
Name of Contact
Person
Michael Layne, PE
b.
Title
Field Operations Manager
c.
Street Address
1103 Mebane St
d.
PO Box
PO Box 1358
e.
City
Burlington
f.
State
NC
g.
Zip
27216
h.
Telephone Number
336-2225140
i.
Fax number 1
336-222-5140
j.
E-Mail Address I
mlayne@d burl ington.nc.us
Page 3
SWu-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
Is List permits or construction approvals received or applied for under the following programs. Include contact name if
different than the person listed in Item VIII. If further space needed, attach additional sheets.
•
•
a.
RCRA Hazardous Waste
n/a
Management Program
n/a
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
East Burlington WWTP NCO023868 &
Permit Number
South Burlington WWTP NCO023876
d.
Prevention of Significant
n/a
Deterioration (PSD) Program
n/a
e.
Non Attainment Program
f.
National Emission Standards for
n/a
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
n/a
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The Stormwater
Management Program Report shall be assembled in the order and formatted in accordance with the Table of
Contents shown below, bound with tabs identifying each section by name, and include a Table of Contents with page
numbers for each entry. The required narrative information for each section is provided in the Instructions for
Preparing the Comprehensive Stormwater Management Program Report (SWU-268).
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4, Duly Authorized Representative
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
* 7. STORMWATER MANAGEMENT PROGRAM
•
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3, Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment _-
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102

City of Burlington
NPDES STQRMWATER PERMIT
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1,2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4, MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
is
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2, Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Appendix
0
A,B, C,D

S 1.0 STORM SEWER SYSTEM INFORMATION
1.1 Population Served
According to 2000 Census data, the permanent population of the City of Burlington is 44,917. There is
no seasonal population.
1.2 Growth Rate
According to census information from 1990 and 2000, the annual growth rate for the City of Burlington is
1.37%.
1.3 Jurisdictional and MS4 Service Areas
'rhe jurisdictional and MS4 service area of City of Burlington is 26 square miles. The ETJ area is 10.5
square miles, but the: only legal authority that the City has within this area is the enforcement of the Soil
Erosion and Sedimentation Control Ordinance, and the City's Zoning and Subdivision Regulations.
1.4 MS4 Conveyance System
Like many cities of its sire, the City of Burlington does not have any records of its storm drainage
• conveyance system. It is assumed that most of the infrastructure is aging and in poor condition. The
downtown area of the City contains the majority of the culvert and pipe systems and catch hasins.
Outside of the downtown area in the more rural area,; of the City, the conveyance system consists mostly
of channels and ditches that run through backyards and feed into larger streams.
0
The: City does not currently have a formal program to clean storm sewer inlet structures or pipes. The
portion of the conveyance system that is maintained is within the City's right-of-way. Currently, the
infrastructure is maintained by the City's Street Department as problems are reported by residents or
noted in the field by City personnel. Typical maintenance includes driveway culvert installation and clean
out, ditch maintenance, catch basin repairs and clean out, and headwall maintenance.
1.5 Land Use Composition Estimates
Land Use Category
Area (sq. miles)
Percentage
Residential
13.78
53%
Industrial
2.86
11 %
Commercial
3.12
12%
Open Space
6.24
24%
TOTAL
26
100%
City of Burlington, North Carolina
January, 2010 91Qrmwater Management Plan

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•
1..1 Estimate Methodology
The estimates were; generated using percentages from the City's Land Use Composition Plan. It was
determined to use these percentages because the City's zoning does not recognize open space, which is
one of the required categories. In addition, zoning is not always a good indicator of actual land use.
1.6 TIVID L Identification
According to the TMDL (Total Maximum Daily Load) information located at
http://h2o.enr.state.nc.us/tmd[/TMDL list.htm the City of Burlington does not discharge into tiny body of
water or receiving stream that currently has a TMDL allocation.
City of Burlington, North Carolin
January, 2010 Stormwater Management Plan

• 2.0 RECEIVING STREAMS
Ll
:7
Appendix A contairts the streartts in the Cape Fear River Basin that receive discharges front the City of
Burlington.
City of Burlington, North Carolina
January, 2010 Stormwater Management Plan

• 3.0 EXISTING WATER QUALITY PROGRAMS
3.1 Local Programs
The City of Burlington is designated by the North Carolina Department of Natural Resources to
implement the Sediment and Erosion Control program within the City limits and the ETJ area. All land -
disturbing activities involving an area greater than one acre are required by law in the state of North
Carolina to operate under an approved erosion control plan. This plan must be obtained before work
begins on a site. Although tracts containing less than one acre do not require permits, adequate measures
to prevent erosion and contain sediment on site: are still required. The City of Burlington Engineering
Department, as the local enforcement agent for the control of land disturbing activities for the state of
North Carolina, administers an erosion control program within the City limits and extraterritorial
jurisdictional area_ This program operates under the direction of the Land Quality Section of NCDENR,
which enforces the requirements of the Sedimentation Pollution Control Act of 1973 on a statewide basis.
The City also implements Watershed Supply Watershed Protection Regulations within the City limits and
the ETJ. These regulations are in place to protect the watershed areas and water supply lakes for the City
and to provide; for a safe and potable water supply for present and future generations. The regulations
include density limits, buffer regulations, site plan requirements, and penalties for violations.
3.2 State Programs
Fhere are no state water quality programs implemented in the City of Burlington.
City of Burlington, North Carolina
January, 2010 5lormwater Management Plan

® 4.0 PERMITTING INFORMATION
•
•
4.1 Responsible Party Contact List
Measurable Goal
Responsible: Party
Minimum Measure 1:
• Develop educational materials
Michael Layne, PE
• Storm water web site
Field Operations Manager
• Educational presentations
Water Resources Department
• Government access channel show
1 103 Mebane St. I PO 1358
• City Works newsletter
Burlington, NC 27216
• Business outreach program
ntf<[e-mail]
Minimum Measure 2:
• Open meetings law
Michael Layne, PE
• Big Sweep
Field Operations Manager
• Household hazardous wastes
Water Resources Department
• Volunteer groups
1103 Mebane. St. I PO 1358
• Storm drain stenciling
Burlington, NC 27216
mla [e-mail] ton.nc.us
Minimum Measure 3:
• Storm sewer system map
Michael Layne, PE
• Illicit discharge ordinance
Field Operations Manager
• Illicit discharge detection and elimination
Water Resources Department
• Public education
1 103 Mebane St. I PO 1358
Burlington, NC 27216
ntla [e-mail] ton.nc_us
Minimum Measure 4:
NIA — City is already complying, no further
Lanny Rhew, City Engineer
action needed
P.O. Box 1358
Burlington, NC 27216
336.222.5050
[e-mail]
Minimum Measure 5:
• Post -Construction ordinance
Michael Layne, PE
• Fecal coliform control
Field Operations Manager
• Non-structural BMPs
Water Resources Department
• Structural BMPs
1 103 Mebane St. I PO 1358
• Operations :and maintenance
Burlington, NC 27216
[e-mail]
Minimum Measure 6:
• Training
Michael Layne, PE
• Vehicular operations
Field Operations Manager
• Waste disposal
Water Resources Department
• City facilities and properties
1103 Mebane St. I PO 1358
• Storm drainage infrastructure maintenance
Burlington. NC 27216
• Ordinances
[e-mail]
City of Burlington, North Carolina
January, 2010 Stormwater Management Plan

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4.2 Organizational Chart
The organizational Chart for the City of Burlington is located in Appendix B.
4.3 Signing Official
The signing official for the City of Burlington is Ronnie K Wall, Contact information for Mr. Wall Can
be found in the permit application form.
City of Burlington, North Carolina
January, 2010 Stormwater Management Plan

0 5.0 CO -PERMITTING INFORMATION
•
•
The City of Burlington will be submitting these permit requirements individually; therefore this section is
riol ;ippl icable.
City of Burlington, North Carolina
January, 2010 Stormwater Management Plan

• 6.0 RELIANCE ON OTHER GOVERNMENT ENTITY
•
•
The City of Burlington will continue to rely on the Alamance County Health Department, Environmental
Control Division, to regulate new and existing septic tanks within the City. All other permit -related tasks
will be performed by the City of Burlington.
6.1 Name of Entity
Alamance County Health Department
6.2 Element To Be Implemented
Septic Tank Regulations
6.3 Contact Information for the Responsible Party
Environmental Health
209 N Graham -Hopedale Road
Burlington, NC 27217
[phone]
6.4 Legal Agreement
Is a legal agreement in place to establish the relationship and responsibilities of both parties'? There is it
clear understanding of specific responsibilities between both parties and there is no written legal
agreement.
Gty of Burlington, North Carolina
January, 2010 Stormwater Management Plan 8

• 7.0 STORMWATER MANAGEMENT PROGRAM
The National Pollutant Discharge Elimination System (NPDES) program was established as the
fundamental regulatory mechanism of the CWA. The NPDES program requires that a direct discharger of
a pollutant into waters of the United States must obtain an NPDES permit. Initially, the permitting effort
was focused on municipal and industrial wastewater facilities. Although these discharges were controlled,
many impaired waterbodies remain impaired.
Subsequent studies have determined that diffuse (non -point) Sources, e.g- storm water runoff from urban
and agricultural areas, construction sites, land disposal areas, and mining activities, are presently the
leading contributors to water quality impairment. Although storm water originates from various diffuse
sources, this runoff is frequently discharged through separate storm sewers or other conveyances.
Therefore, the CWA was amended in 1987 to include Section 402(p), which required the United States
Environmental Protection Agency (EPA) to develop a comprehensive phased program to regulate storm
water discharges under the NPDES program. The NPDES Phase I rule, which was issued in November
1990, addressed storm water discharges from medium to large municipal separate Storm sewer systems
(MS4s), which were communities serving a population of at least 100,000 people, as well as storm water
discharges from industrial activity. The ruling also placed permitting requirements on some construction
activities.
The NPDES Phase II rule, which was promulgated in December 1999, addressed small municipal
separate storm sewer systerns (MS4s) serving a population of less than 100,000 people in urbanized areas.
Per 2000 Census data, the estimated population of the City of Burlington was approximately 47,000 and
. therefore Burlington is one of the communities in the state ol' North Carolina automatically designated as
an NPDES Phan 11 program. in the state of North Carolina, EPA has delegated the North Carolina
Department of the Environment and Natural Resources (NCDENR) as the state permitting authority. The
City of Burlington has an active permit from NCDENR which is set to expire on July I, 2010. Each local
government must Submit an application to NCDENR to ensure coverage for the next 5 year cycle. Per a
notice dated December 7, 2009 from Ms. Coleen H Sullins, renewal applications are due to NCDENR by
February 1, 2010 to avoid a lapse in permit coverage.
The City of Burlington, which is an owner/operator of a small MS4, is required to reduce the discharge of
pollutants to waters of the State and the United States to the "maximum extent practicable" to protect
water quality. At a minimum, the City is required to implement a Storm Water Management Program that
addresses the following issues:
• Specify Best Management Practices (BMPs) for six minimum control measures and implement them
to the "I11aXimU111 extent practicable",
• Identify measurable goals for these control measures,
• Develop an implementation schedule for these control measures or frequency of activities, and
• Define the responsible entity to implement these control measures.
The State requires that the City of Burlington implement the six minimum pleasures throughout the City's
jurisdictional area, including the ETJ (extra -territorial jurisdictional) area, This poses many difficulties,
mainly in how the City may obtain authority to tax an area that does not have representation and is not
served by City water or sewer services. Since the City does not currently have legal authority over the
ETJ area they will be unable to implement the Phase 11 program in this area, with the exception being the
• Soil Erosion and Sediment Control ordinance and the City Zoning and Subdivision Ordinances, which are
January, 2010 City of Burlington
Stormwater Management Plan

implemented throughout the ETJ area. However, the City will make available public education materials
. to residents living in these areas.
•
7.1 Public Education and Outreach on Stormwater Impacts
The key to implementing and managing an effective storm water program begins with community
involvement. With this, greater support is typically achieved as the public gains an understanding of' the
reasons why it is necessary and important, Public support is also beneficial when municipalities attempt
to institute new funding initiatives or when recruiting volunteers. In addition, greater compliance with
program requirements is experienced as the awareness of personal responsibilities and their impact
toward protecting and maintaining the quality of area waters is achieved.
To satisfy this control measure, the City of Burlington works in cooperation with the Piedmont Triad
Council of Govenirne.nt's Stormwater Smart Program and the Piedmont Triad Water Quality Partnership
(PTWQP) to implement a public education program designed to educate the public regarding the
importance of proper storm water management. At a minimum, the City must perform the following
tasks:
Implement a public education program to distribute educational materials to the community or
conduct equivalent outreach activities to communicate the impacts of storm water discharges on local
water bodies. In addition, this program rnust address steps that can be taken to reduce storm water
Pollution, and
Determine appropriate best management practices and measurable goals toward developing a public
education and outreach program.
Examples of public education and outreach measures are abundant, as shown below. These materials,
which should be tailored toward relevant local situations and issues, will involve a variety of strategies to
ensure maximum coverage.
7.1 BMP Summary Table
B1VfP
Iv'lea" sur`able Goals
Yr
Yr
Yr
MrIFFifionm
■
IN,
2
3
4
5
U.ible
I
Public Service
Produce and broadcast a public
X
X
X
X
X
Michael S Layne,
Announcement
service announcement on the
PE / Field
government access channel
Operations
concerning water quality in the City
Manager and John
of Burlington and what citizens can
Nixon / Public
do to improve water quality
Information
officer
?
Educational efforts
Continue water quality education
X
X
X
X
X
Michael S Layne,
efforts in schools
1
PE / Field
Operations
Manager
3
Generate and
Generate and distribute general
X
! X
X
X
X
Michael S Layne,
distribute
educational brochures explaining the
PE / Field
educational
environmental impacts of stormwater
Operations
brochures
run-off as well as simple was
—.-Manager
January, 2010 City of Burlington
Stormwater Management Plan
10

•
•
residents can help reduce pollution in
their community.
4
Informational Web-
Maintain a storm water page on the
X
X
X
X
X 1
Michael S Layne.
site
City's internet site detailing storm
PE / Field
water program characteristics
Operations
Manager
5
City Works
Create one water quality -related
X
X
X
X
X
John Nixon /
Newsletter
article to include in the City Works
Public
newsletter
Information
Officer
6
Stormwater Hotline
Implement a stormwater hotline that
X
X
X
X
X
Michael S Layne,
residents can call with water quality
PE / Field
and quantity concerti s(I rn ple men to d
Operations
through the Cit 's CBC program)
Manager
7
Business Outreach
Generate and distribute target
X
X
X
X
X
Michael S Layne,
Program
educational materials to inform
PE / Field
businesses on illicit discharges,
Operations
reporting and proper waste; disposal
Manager
practices.
7..2 Target Audience
The City of Burlington aspires to reach a diverse population with its public education campaign. Target
groups include residential property owners, commercial and industrial business owners, school -aged
children and community leaders. These groups are being targeted for public education due to their unique
storm water impacts.
Commercial and industrial property owners, grade school children, and adults are being targeted for basic
stormwater education. These groups are being targeted to ensure a basic understanding of non -point
source pollution and its impacts on the environment throughout the community. City leaders also aspire to
provide these groups with basic pollution prevention techniques they can easily implement into their
everyday lives.
7..2.1 Grade School Children
Traditionally, standardized testing in public schools has focused on language. grammar, and mathunatics
knowledge. Consequently, schools have concentrated less of their educational efforts on other subjects,
one of which is science. Recently, standardized tests have begun including sections that specifically target
the students' knowledge of science. In order to keep their students fully prepared, teachers and
administrators must now find and prepare appropriate science -oriented material and lessons.
The City of Burlington in conjunction with PTWQP has devoted efforts to educating grade school
children about water quality issues. A fifth grade curriCUILIm was built and distributed to the local school
system. City staff is available to give presentations at school functions and attends various educational
programs.
January, 2010 City of Burlington
Stormwater Management Plan
s

7..2.2 Adult Education Efforts
The City does not currently have any efforts devoted to educating adults about water quality issues.
Adjustments to the curriculum would be required, but similar programs directed at school children could
also be used to educate adults. Some would argue that parents become educated through their children,
but additional literature needs to be tailored directly towards the adults in the City of Burlington.
Educating adults is generally regarded as much more difficult than educating children. However, it is
important that adults understand the numcrous ways that they harm the quality of surface; waters in
Burlington and how to prevent or reduce this pollution.
7-2.3 Commercial and Industrial Education Efforts
Commercial and Industrial businesses are being targeted for education to inform owners about the
impacts of' illicit discharges, reporting procedures, proper waste disposal practices, and the efforts they
can take to minimize pollutants from their sites.
7A Target Pollutant Sources
The City of Burlington lies within Subbasins 03-06-02 and 03-06-03 of the Cape Fear River Basin.
Subbasin 03-06-02 contains the cities of Burlington, Greensboro, Graham and Mebane. There is a large
amount of agricultural land use in this Subbasin, although the urban land use surrounding Greensboro and
Burlington has a great impact on water quality. Both point source discharges and nonpoint source runoff
contribute to the Fair to Poor water quality bioclassifications found in many streams in the Subbasin.
Subbasin 03-06-03 contains few urban areas except along the 1-40/85 corridor between Burlington and
Greensboro. The primary land use in this subbasin is a mixture of agriculture and forest. Most water
quality problems are associated with nonpoint sources. Erosion from agricultural land may cause large
sediment inputs into streams within this Subbasin. The worst water quality in the Subbasin was observed
in Little Alamance Creek in Burlington. Urban runoff is the most likely cause of this low rating.
Public education and outreach programs will attempt to address pollutants resulting from urban runoff
since that appears to be the major concern for each of these subbasins. In addition, the City will focus
efforts and activities on Little Alantance Creek to address those deficiencies.
7A Outreach Program
The possibilities for meeting this minimum measure are truly limitless and the City diligently works to
develop new ideas. Presentations to civic groups, development ol' brochures and other literature, and
development of multimedia spots all qualify as public education efforts. The following items will meet
the requirements of this minimum measure:
7..4.1 Obtain, Develop, and Distribute Water Quality Educational Materials
There are numerous agencies with potential sources of information available on noEt-point source
pollution that can be utilized by the City. The NCDENR has developed educational materials that are
available on-line at www.enr.state.nc.us/html/eitvironmenta! education.htnil. Available information
includes environmental education materials, kids' pages, resources for teachers, and education plans.
Also, the Division of Water Resources administers two environmental education outreach programs,
Stream Watch and Project WET (Water Education for Teachers). Stream Watch is a stewardship program
January, 2010 City of Burlington
Stormwater Management Plan 12

whereby local citizens can "adopt" a waterway, or a portion of one, and act on its behalf. Project WET is
a K-12 interdisciplinary water education program intended to supplement a school's existing curriculum.
Laundry, upholstery and carpet cleaning businesses, along with automobile service repair facilities, are
susceptible to producing illicit discharges (see Minimum Measure #3). Educational materials tailored to
these industries will be produced and distributed to appropriate businesses operating within the City.
In addition to utilizing the aforementioned sources for educational materials, the City creates its own
products to make the information most relevant to local situations and concerns. Every effort is given to
insure that the materials are located in conspicuous places where they are available to citizens throughout
the City. Appropriate sites include City buildings, parks, and public lakefront areas.
7..4.2 Water and Sewer Utility Billing
The City of Burlington bills water and sewer customers either monthly or bimonthly. Dissemination of
water quality education notices has been done through the utility billing, which is a good source of
contact. Unfortunately, the City's post card billing has limited space to include water quality or other
information. Should the City elect to change to a different type of mailer the potential for utilizing this
medium would be greatly enhanced.
7..4.3 City Web Page
Internet access is widely available, making it a prime vehicle for disseminating information of any kind to
a large audience. The City's web page, located at www.ci.burlington.nc.us, is already well designed, with
a simple layout and relevant information for the citizens of Burlington. A portion of the web page is
devoted to public awareness of storm water and water quality issues. The web page also contains a list of
internet hyperlinks to web sites discussing storm water quality, public education and involvement, and
illicit discharges.
7..4.4 City Works and Burlington Employee Newsletter
Another public education mechanism that the City already has in place is the City Works newsletter and
the Burlington Employee (BEN) newsletter. Published four times a year, the City Works community
newsletter is mailed to every utility customer in the City. It contains information about local events, City
meetings, recreation opportunities, local officials, and department activities. A series of articles in
upcoming issues will heighten awareness of storm. water and water quality issues. BEN is a newsletter
distributed to all City employees that will also be used to deliver water quality information.
7..4.5 Government Access Television
The City produces a television show, Al Your Service, once a month. The show highlights areas of interest
in local government. A show will be produced that discusses storm water and water quality issues. The
channel also utilizes an electronic bulletin board that can be used to broadcast public service
announcements informing the public of the importance of proper storm water management and present
ways in which citizens can participate in water quality -related activities.
7..4.6 Stormwater Hotline
The City utilizes the Connecting Burlington Communities hotline for its stormwater calls. The hotline
provides residents the opportunity to call in concerns related to watcr quality or quantity and enables
residents to he involved in reporting water quality violations, illegal dumping, or other issues.
January, 2010 City of Burlington
Stormwater Management Plan 13

0 7..5 Decision Process
ri
U
The City of Burlington realizes that most of its citizens do not have a basic understanding of non -point
source pollution and its impacts on the environment. It is the goal of City leaders to educate the public
about these issues by targeting specific groups as well as the population as a whole with basic information
about water duality and pollution prevention techniques using various mechanisms, including brochures.
presentations, and other media outlets.
7..6 Evaluation
The success of the public education program will is not easy to measure. The number of households
targeted with information, the number of people attending educational forums, the number of
presentations given to various groups, or the number of hits on the City's storm water web page are all
good indicators of how many people are being reached in the community. The completion of the tasks
listed in the BMP summary table during; the years shown will be used as an indication of success.
7.1 Public Involvement and Participation
EPA believes that the public can provide valuable input and assistance toward implementing a Phase II
community's storm water management program. Asa result, the NPDES Phase 11 program will require
the City of Burlington to encourage public participation and involvement in the City's storm water
program. The public is to be given opportunities to play a substantial role in both the creation and
implementation of the management program. Using the public to help develop the program will help to
broaden public support, increase the number of' potential ideas to meet the permitting requirements, and
shorten the implementation schedules due to fewer public outcries and dissent.
According to the Phase 11 Temporary Rules, at a minimum the City may comply with North Carolina G.S.
143-318, the open meetings law to meet the requirements of minimum measure #2. However, this
compliance does not equal public participation and involvement, because open meetings do riot
necessarily involve any public input. Therefore, the City will be required to determine appropriate best
management practices and measurable goals toward encouraging public participation and involvement.
Potential opportunities for public participation and avenues for involvement are abundant, as discussed in
the following section.
7.1 BMP Summary Table
IV1ea" 5u�al}1e Go Is
Mr
1
1(r
2
Yr
3
Yr
4
Yr
5
Res�""no "nsibie
P,art/P,os115I
li61
I
Advisory Hoard
Utilize a Storm Water Advisory
X
X
X
X
X
Michael S Layne,
Board to assist in the storm water
PE ! Field
program direction
Operations
Manat er
2
Volunteer Programs
Implement volunteer "Adopt A
X
X
X
X
X
Michael S Layne,
Watershed" and "Adopt A Stream"
'
PEf Field
programs
Operations
Manager
January, 2010 City of Burlington
Stormwaler Management Plan
14

•
•
3
Storm Drain
Stenciling
Implement a program to stencil City's
known storm inlets (coordinate with
inventory)
X
X
X
X
X
Michael S Layne,
PE / Field
Operations
Manager
4
Environmental
Work with existingarea
X
_
X
X
X
X
Michael S Layne,
Groups
environmental groups (Haw River
;
PE / Field
Group, Sierra Club) to coordinate
Operations
water quality efforts within the City,
Manager
including Big Sweep and Earth Day
activities
5
Household
Implement or coordinate with
X
X
X
X
X
Michael S Layne,
Hazardous Wastes
Alamance County to provide a
PE / Field
household hazardous wastes
Operations
collection day
Manager. and
Dangly Scales /
San italtt0[1
Superintendent
73 Target Audience
The target audience for the public involvement and participation minimum measure includes all the
citizens of Burlington. Specific groups to be targeted includc citizen volunteer groups (both children and
adults), Boy Scouts and Girl Scouts.
7..9 Participation Program
7..9.1 Citizen Representatives on a Storm Water Management Panel
The City should make every effort to work with the community rather than just for the community. In
order to give the community a voice in storm water expenditures, the City will utilize a Storm Water
Advisory Board. The Board may include City employees, concerned citizens, and local business
representatives. The Board will provide input toward effective methods of educating the public on the
importance of proper storm water management and pollution prevention methods. Meetings will he well
publicized in advance in order to increase public attendance.
7..9.2 Public Hearings
The City currently complies with North Carolina G.S. 143-318, the open meetings law. All meetings are
advertised and are open to all citizens. Appendix C has a copy of the nlirlutes from the meeting in which
the Stornlwater Ordinance was adopted.
7..9.3 Working with Citizen Volunteers
7..9.4 Big Sweep
Big Sweep is held on the third Saturday of every September in communities throughout North Carolina.
Big Sweep is conducted by volunteers statewide to clean up North Carolina waterways. In Alamance
County Big Sweep takes place along the Haw River. This event promotes water quality efforts and
provides educational opportunities for the citizens of Burlington and will be continued.
January, 2010 City of Burlington
5lormwater Management Plan
15

•
s
1]
7..9.5 Earth Day
Earth Day, a worldwide event held every year in April, celebrates the Earth"s natural environment.
Groups around the world organize events each year to rare awareness of environmental issues and
sustain public commitment to environmental protection. The Burlington Parks and Recreation Department
typically sponsors an Earth Day celebration at City Park in April. The celebration is open to the public
and information is distributed including information pertaining to the tree planting program, refuse
collection and recycling programs, and potential stream restoration projects within the City. The Earth
Day celebration should be continued and possibly expanded to include more water quality information.
7..9.6 Citizen Environmental Groups
There are several environmental groups within Alamance County working on water quality -related issues.
The Haw River Assembly and The Haw River Trail organizations are both concerned with issues related
to the Haw River. Other groups working within the County include The Elon Center for Environmental
Studies, the Elon Sierra Club, the Haw River Group of the Sierra Club, and the Burlington Beautification
Bureau.
7,.9.7 Household Hazardous Materials Collection Day
The City will sponsor or work with Alamance County to co-sponsor a household hazardous materials
collection day in an effort to collect used oil, batteries and other common household hazardous wastes.
Examples include lawn and garden pesticides and fertilizer, paint and paint thinner, anti -freeze, brake
fluid, and gasoline and oil mixtures. This activity will likely reduce the amount of toxic chemical~
entering the waterways of the City. Improper disposal of these types of contaminants is considered till
illicit discharge. This event could also be considered a BMP to meet the requirements for yet another
minimum measure: Illicit Discharge Detection and Elimination (see Section 7.3).
7..9.8 Volunteer Monitoring or Stream Clean -Up Activities
The City will encourage citizens to participate in activities other than Big Sweep that will protect or
rehabilitate local waterways and drainage areas. These types of events can help meet both public
education and public involvement requirements as outlined by EPA. The City can develop programs to
suit its particular needs or can promote involvement in programs that are already in place. Some existing
programs that the City will possibly promote include:
7..9.9 Adopt -a -Stream
Many communities oversee a program that allows civic groups, neighborhoods, school classes, and others
an opportunity to become active participants in the health of their local waterways. Similar to the "Adopt -
a -Highway" programs, volunteers select a waterbody and pledge to keep it clean. Usually, the group is
given recognition for its efforts on signs at bridge crossings or in city bulletins and newsletters.
7..9.9.1
7..9.10 Adopt -Your -Watershed
EPA's Adopt Your Watershed program challenges you to serve your
community by taking part in activities to protect and restore your local
watershed. http://www,cpa.gov/adopt/
e70" r
January, 2010
City of Burlington
Stormwater Management Plan
16

7..9.11 Youth Organizations
Several youth organizations offer programs that place an emphasis on environmental issues, Some
specifically with water quality. The City will encourage the local chapters of these organizations to
becorne active in these types of programs. A couple of examples include:
7..9.12
7..9.13 Soil and Water Conservation Merit Badge
This project, offered in the Boy Scouts of America merit badge program, helps boys
understand the importance of water and soil conservation practices. It also requires that the
badge candidate become involved by conducting a project to help recover or preserve an area
whose soil or water is deerned sensitive. http://www.usscouts.org/usscouts/mh/nIbIO6.asp
7..9.14 - -
7..9.15 Water Drop Patch
'Phis project was developed jointly by the United States EPA and the Girl Scout Council of
the Nation's Capital (GSCNC). It encourages girls to "make a difference in their communities
by becoming watershed and wetlands stewards." The program allows girls use their skills and
their knowledge to educate others in their community about the need to protect the nation's
valuable water resources. www.epa.gov/adopt/paLch/
7..9.16 Storm Drain Stenciling
Due to the fact that most citizens are not well educated on the subject of surface
water quality, one public involvement activity that will help improve water
quality is to stencil City -owned storm drains. Many citizens are misinformed and
believe that storm drains flow to the City sanitary sewer system. Therefore, some
citizens dump contaminants such as used motor oil and anti -freeze into the storm
drains.
Various civic groups, Such as the Boy and Girl Scouts, will be contacted in an
effort to get the community involved in the stenciling. Volunteers may also be
also he recruited using local radio. Storm drains can be stenciled with various
messages such as "Drains to Haw River" or "No Dumping, Drains to Stream". Other options include -
plastic plates, conveying similar messages, which can be glued directly to the inlets. The City will look at
all options to develop the most effective stenciling prograrn.
A similar activity, although more related to public education than involvement,
involves installing customized manhole covers. Numerous foundry companies
have begun customizing manhole covers for Phase I and Phase II communities.
The covers can be cast with the City of Burlington logo and could read "Sanitary
Sewer" or "Story-n Sewer" to differentiate between the two. The City could choose
to retrofit existing manholes with a new customized cover or could mandate that
all new .development be required to adhere to these standards. Many foundries
offer customized covers for the same price as standard covers if a community
requires them as part of their standard specifications. The City will also
investigate the possibility of using these customized manhole covers.
January, 2010 City of Burlington
Stormwater Management Plan 17

7-10 Decision Process
The City of Burlington realizes that most of its citizens do not have a basic understanding of non -point
source pollution and its impacts oil the environment, and therefore are not involved in activities to
improve water quality. It is the goal of City leaders to involve the public about these issues by involving
them in public meetings and volunteer opportunities.
7..11 Evaluation
The success of the public involvement program will not be easy to measure. The number of volunteer
opportunities sponsored by the City, the number of citizens attending open meetings, the number of storm
drains stenciled, and the number of citizens who are involved in volunteer clean up activities are all good
indicators of how many people are being reached in the community. The completion of the tasks listed in
the BMP summary table during the designated year will be used as an indication of success. The
responsible party listed for each activity will be held responsible for implementing the BMPs.
7.2 Illicit Discharge Detection and Elimination
To eliminate illicit discharges into the City's storm sewer system, the City of Burlington will be required
to develop a strategy to detect and eliminate such discharges. An illicit discharge has been defined by the
EPA as "any discharge into a separate storm sewer system that is not composed entirely of storm water".
Typically, illicit discharges enter a storm sewer system either through direct connections, e.g., sanitary
sewer piping, or indirectly from cracked sanitary sewer conveyance systems, spills collected by storm
drains, or from contaminants dumped directly into a sewer inlet. The following are typical examples of
illicit discharges:
• Sanitary wastewater
• Effluent from septic tanks
• Laundry wastewater
• Commercial car wash discharges
• Improper disposal of household or automotive toxics
• Spills from roadway accidents
Pollutants from these sources can include heavy metals, toxics, oils and grease, solvents, nutrients,
viruses, and harmful bacteria. Substantial levels of these contaminants can damage fish and wildlife
habitats, decrease aesthetic value, and more importantly threaten public health due to contaminated food
and drinking water supplies.
To comply with NPDES Phase II program requirements, the City has implcniented the following action
items:
• Developed a storm sewer map illustrating the location of all storm sewer outfalls and the names and
location of all waters of the United States that receive discharges from these outfalls.
• Developed a water and sewer utilities map to help indicate `hot spots" where i & I could be an issue.
• Limited the number of occurrences of non -storm water discharges into the City's storm sewer system
through the implementation of a City Ordinance, performing routine maintenance on sewer lines and
developed a Stormwater Pollution Prevention Plan for all 3City NPDES Permit Holders.
• Implemented employee training and education programs for all 3 City NPDES Permit Holders.
• Formed Partnerships with piedmont Triad Council of Governments and their "Stormwater SMART"
Program, and the Piedmont Triad Water Quality Partnership. The City leverages these two
January, 2010 City of Burlington
Stormwater Management Plar 18

partnerships to continue to educate public employees, businesses, and the general public regarding the
Is impacts associated with illegal discharges and the improper disposal of waste.
7.12 BMP Summary Table
.
BM P
Iv'lea" s bfe Goals
Yr
Yr
Yr
Yr
YrIW=e-s%onsble
I
45art
/P,osition
Storm sewer system
Maintain storm sewer outfall map
X
X
X
X
X
Michael S Layne,
map
PE / field
Operations
Manager.
2
Illicit discharge
Develop and implement a program to
X
X
X
X
X
Michael S Layne,
detection and
locate and address illicit discharges
PE / Field
elimination
located during outfall inventory
Operations
Manager
3
Public education
Develop educational materials to
X
X
X
X
X
Michael S Layne,
inform the general public and targeted
PE / Field
businesses about illicit discharges
Operations
Manager
7-13 Storm Sewer System Map
One of the major tasks associated with this minimum control measure is the development of mapping of
the City's regulated MS4 outfalls. The City of Burlington currently has electronic documentation of the
City's storm sewer system and some regulated outfalls.
The City of Burlington has developed a basic storm sewer map illustrating the location of the storm
sewer outfalls and the names and location of all waters of the United States that receive discharges from
those outfalls. Development of the; map is a dynamic process and the City of' Burlington is continuing to
enhance this resource. EPA defines an outfall as "a point source at the point where a municipal separate
storm sewer discharges to waters of the United States". These waters of the United States generally
include any waterway that is identified on a USGS 7.5' topographic quadratic Wrap. A map showing these
waterways within the city limits of Burlington is located in Appendix A.
The inventory of the City's outfalls will help the City gain awareness of their system and the location of
the discharge points. EPA recommends collecting all available existing information that may include
outfall locations such as City records, construction plans, and drainage studies and then field verifying
their locations. In order to obtain it comprehensive map of the City's outfalls, City staff walked the
jurisdictional waterway, located outfalls by viseral observation, and recorded their locations and the names
of all receiving waters with GPS technology.
The map will be regularly updated when new outfalls are located, either through identification by City
staff or through as -built submittals from developers.
7-14 Regulatory Mechanism
In order to prohibit illicit discharges to the MS4, the City has created a new ordinance to address illicit
0 discharges and connections. This ordinance has been named, "The City of Burlington Stormwater
January, 2010 City of Burlington
Stormwater Management Plan 19

Ordinance" and was adopted by the City Council on 6/19/2007. The language specifically relates to the
requirements of the NPDES NIS4 permit such as:
• Findings of fact
• Objectives
• Prohibitions
• Notification of spills and violations
• Requirements for monitoring
• Inspections
• Penalties
7-15 Enforcement
The City of Burlington Stormwater Ordinance mentioned above has been implemented and enforced to
ensure that illicit discharges or -connections are minimized. This ordinance requires that violators address
illicit connections within a certain time frame or they will face penalties as determined by The City of'
Burlington Stormwater Ordinance.
7..16 Detection and Elimination
The City of Burlington must also develop a program to detect and eliminate illicit discharges. In order to
detect non -storm water discharges, the City must develop it program and methodology for identification
of these discharges, EPA has determined that after a 72-hour time period of no rainfall, any discharge
from a municipal separate storm sewer may be non -storm water related. Therefore, unless the discharge is
• exempt From the regulation, i.e. irrigation water, water line flushing, or residential car washing, the
discharge is considered an illicit. In order to determine the source of the discharge, grab sampling must be
performed during dry weather conditions. Regulated communities are then required to analyze the
constituents in the sample in order to determine the source of the discharge and to eliminate the
contaminant if it is an illicit connection or discharge.
The locations of the City's outfalls have been mapped using GPS technology linked to a Geographical
Information System (GIS) database. Attributes.of individual outfalls such as shape, type, size, and
conditions were recorded digitally as the outfalls were located. This data has since been incorporated into
the City's GIS.
The following sections include procedures and guidelines for tracking potential illicit discharges.
7..16.1 Procedures for Location of Priority Areas
7..16.1.1 Sanitary Sewer Issues
One of the most common and easily detectable types of illicit discharge is domestic wastewater.
Discharge from a cracked sewer line or a cross connection is usually associated with extremely
unpleasant odors and contains evidence that the common citizen will recognize. Therefore, unlike other
illicits, detection of this type of discharge does not generally require sampling for positive identification.
However, wastewater illicits are a recurring problem. Despite proper design and construction techniques,
leaks will corntinue to occur due to old infrastructure, erosion, and numerous other means. The City of
Burlington, like virtually every other municipal wastewater system, has experienced some minor
• problems
January, 2010 City of Burlington
Stormwater Management Plan 20

The City of Burlington has taken steps to alleviate inflow and infiltration (I&I) into the wastewater
systern, Although inflow to the system does not affect the quality of surface runoff, cracks that allow
inflow will also allow outflow should portions of the system become hacked up or completely full.
Therefore, cracks in the sewer systern increase treatment costs due to the treatment of storm water,
decrease overall plant capacity, and have the potential to endanger the quality of surface waters. In the
early 1990s. an i&1 study of the system was performed. The City is proactively replacing and repairing
older sanitary sewer lines which has greatly reduced the number of overflows. The City has in place a
notification policy for any sanitary sewer spill or overflow. Each spill that reaches surface waters of the
State must be reported to the State.
Two common problems that have been identified in the City are I&I due to the use of clay pipe for much
of the older portions of the wastewater system infrastructure and numerous stream sanitary crossing
failures due to erosion around their respective pilings. Clay pipe contributes to I&I problems and
necessitates regular inspections (representatives of the City regularly walk the lines and the City's TV
truck is utilized for pipeline inspections). Erosion at stream crossings has become a problem due to
continual expansion and construction within the City limits. The addition of impervious area (rooftops,
sidewalks, paving, etc.) has increased both runoff volumes and peak flow rates. The increase in volume
and intensity of surface runoff has caused many major drainage ditches and creeks to erode or widen.
Field crews will take special care around sanitary sewer crossings to identify any possible illicit
discharges.
7.16.2 Procedures for Tracing Illicits
7.16.2.1 Outfall Inventory/Mapping
The EPA requirements for Phase I communities are to collect data on all existing outfalls 12" or larger in
industrial areas, and 36" and greater in all other areas. Ditches in industrial land use areas will be picked
up when their drainage areas are 2 acres or more. Ditches in all other land use categories will be included
when the drainage areas leading to them are 50 acres or more. The inventory should include attributing it
for the following: inspection date and time, site description, outfall size and material, discharge color,
discharge odor, presence and type of floatahles, discharge turbidity, deposits/stains, vegetative condition,
presence or absence of flow.
7..16.2.2 Dry Weather Screening Procedures
The inventoried outfalls will serve as the basis for identifying the field screening areas. Dry weather
screening only takes place greater than seventy-two (tours after a storm event greater than 0.1 inches, The
City has purchased a Weather Service Station to determine rainfall quantities in the area, along with local
weather reports and rain gauges placed near the areas to he screened.
Only major outfalls with observed dry weather flow are required to be sampled. The status of flowing
outfalls should be integrated into the GIS outfall coverage.
Once an outfall is found to have a dry weather discharge, additional measures must be taken to determine
whether the discharge is illicit.
7„16.2.3 Illicit Connection Investigative Procedures
The illicit connections program is composed of a set of investigative procedures to determine if a dry
weather discharge is illicit and, if so, how to deal with it. Below is an overview of the illicit discharge
investigation procedures that will be used by the City.
January, 2010 City of Burlington
Stormwater Management Plan 21

. Check each outfall for dry weather flow. Upon Finding dry weather discharge or other evidence of an
illicit discharge (ie. odor, discoloration of surrounding area, etc.) perform a visual inspection looking
for those items listed below. Also check for odor, flow depth and flow quantity.
2. Perform field testing for water temperature and pH and obtain a sufficient sample to test for total
chlorine, detergentstsurfactants, phenols and copper. The site should be sampled again no less than
four hours later, but no more than 24 hours later,
I If, upon returning for the second sample, there is no flow, note as such and return the following day.
After three "no flow" conditions, and lacking additional evidence of an illicit discharge the outfall
may be removed from the potential illicit discharge list.
4. If flow continues on the second day, record the data in the Potential Illicit Discharge database.
5. Begin walking the contributing system upstream until flow is no longer found.
6. Check the watershed for facilities that may contribute the identified parameters found in steps I and 2
to determine a list of potential sources of the dry weather flow.
7, inspect suspected facilities for potential illicit connections.
8. Notify owner of the facility of the potential violation, identify steps to be taken, and establish
schedule for removal.
9. Perform a follow-up investigation at the site to ensure that the illicit has been removed.
7..16.2.3.1 Visuol Inspection hruesfigution
The initial investigation is based on visual inspection, including:
• Odor
The odor of storm water discharges will vary widely. Odor can be a good indicator of the type of
pollutant in the water. For instance, storm water discharges may smell like sewage, oil. gasoline, or
may contain a chemical smell. Decomposition of organic materials can also cause a distinctive sulfur
odor. Odors may vary greatly with changes in temperature and time of year.
0 Color
Color can also be an important factor in determining the source of an illicit discharge. The particular
color should be noted and tracked upstream as far as possible. Sewage will typically have a gray or
brown color, whereas industrial wastes may have a variety of colors.
• Turbidity
Turhidity is a measure of the amount of suspended matter in the water and affects the clarity of the
discharge. Discharges from industrial facilities are often highly turbid. Although erosion can also
create highly turbid water, this should not be the case during dry weather flows. Each inspection
should note the relative degree of turbidity.
Floatables
Floatables are solids and liquids that float on the surface of the water. Floatables may include
substances such as animal fats, food products, trash, oils, plant materials, solvents, foams, or
gasoline. Floatables can often lead directly to the manufacturing process or other source of the illicit
• discharge. A full description of the type and quantity of the floatables and a photograph of the
discharge should be included in the report.
January, 2010 City of Burlington
Stormwater Management Plan 22

0 0 Residue
Residue left on the conveyance system can be an indicator of an illicit discharge. Discoloration of the
pipe or channel should be tracked upstream. it is also important to note the location of the
discoloration or stein within the conveyance system. For example, is it just it line of residue half way
up the pipe or is the pipe completely stained for some depth?
• Vegetation
Vegetation growing in the immediate discharge area should be noted in relation to vegetation
growing in the general vicinity of the outlet. Certain discharges can cause substantial changes in
plant growth. Discharges containing a high nutrient content may cause increased growth while
discharges with severe changes in pH may cause a decrease in growth. Although vegetation patterns
may serve as an indicator of non -storm water discharges, they are also difficult to interpret. Time of'
year, rainfall patterns, exposure to sun all affect plant growth and may be contributing factors to the
changes in vegetation patterns. Caution should be used when considering vegetation as an indicator
of an illicit discharge.
• Structural Damage
Like residue, structural damage to the conveyance system can also be an indicator of an illicit
discharge. Structural damage is typically more noticeable in concrete pipes. Acidic discharges may
cause cracking, spauling, or deterioration of the concrete. The location of the damage within the pipe
and the distance upstream will be important in determining the type of pollutant and the source of the
r discharge.
7..16.2.3.2 Field Testing Investigation
In addition to visual inspection, field testing investigation may be performed to determine the source of
the illicit discharge. Field testing should be done for the following characteristics:
• Temperature
Water temperature that varies greatly from the ambient air temperature is a good indicator that there
is an illicit discharge to the system.
PH
The normal pH of storm water typically ranges from 6 to 7.5. Values outside of this range are an
indicator of an illicit discharge. Water with values of 3 to 6 are acidic and may indicate discharges
from textile mills, pharmaceutical manufacturers, metal fabricators and companies that produce
resins, fertilizers, or pesticides. Wastes containing sulfuric, hydrochloric, or nitric acids are a
common source of contamination. Water with values of 8 to 12 may indicate discharges from
industries such as the following, textile mills, metal plating facilities, steel mills, and producers of
rubber and plastic. Wash water used to clean floors and industrial machinery may also produce
alkaline wastewater.
• • Copper
January, 2010 City of Burlington
5tormwater Management Plan 23

Elevated levels of copper may indicate discharges from cooling, boiler, or industrial re -circulation
systems. Copper sulfate is typically used as an algaecide in all of these systems. Copper can also be
an indicator of discharges from an automobile manufacturing or maintenance Facility.
• Phenols
Elevated levels of phenols may indicate industrial wastewater discharges. Caution should be
exercised, however, since phenols may also be present in other waste streams. Phenols Should be
considered in relation to other parameters in determining the potential source.
• Surfactants/Detergents
Typically, the presence of surfactants and detergents will indicate a connection to either an
automobile wash facility or a laundry facility. High surfactants/detergents and elevated temperatures
are good indicators of laundry facilities. Lower levels of surfactants/detergents may indicate a
connection to a residential laundry or industrial facility.
+ Chlorine
The absence of chlorine may indicate a natural water source. However. due to chlorine's ability to
quickly dissipate, caution should be used when making judgements based on its absence. Generally,
only potable water sources will contain chlorine. Therefore, the presence of chlorine insures that the
source is not a natural water source. Very high levels of chlorine typically indicate connection to a
swimming pool.
Using the results of the visual and field testing investigation, likely sources of the illicit discharge can be
identified. Typically, illicit discharges and connections are from either wash water or sanitary sewer
sources. The investigator will work upstream looking for the connections.
Additional testing may be required at upstream points and testing of additional parameters may also be
necessary to further identify the actual source. Other investigative methods that may be used include dye
testing, smoke testing, and in -pipe cameras.
Illicit connections may be verified by performing an on -site inspection. When on -site inspections are
performed, the inspection should be fully documented and photographs of the connection and facility
should be taken when feasible. Alter a potential source is identified, testing should be conducted
immediately upstream to insure that there are not multiple sources of the discharge.
T-16.3 Procedures for Removing Illicits
Upon identification of the source of the illicit discharge or illegal dumping, the responsible party will be
notified to cease the improper practices. All appropriate regulatory agencies will be notified of the
discharge. The violator may be fined in accordance with the adopted ordinance and will be given a
designated period of time to eliminate the illicit connection by either:
a) rerouting the flow to the sanitary sewer (if appropriate),
b) constructing on -site treatment facilities,
c) permitting the connection (if applicable), or
d) removing the source of the illicit discharge.
During the designated period inspections may be conducted to verify compliance with the order to cease
January, 2010 City of Burlington
Stormwater Management Plan 24

and desist further discharges and any clean up procedures required to mitigate damages caused by the
discharge.
7.16.4 Procedures for Plan Evaluation
A debriefing will be held after the first drainage area is complete to discuss procedures and policies
associated with the detection and elimination process. Results of the investigation will be evalttated and
the process will be revised as necessary. The types of illicit connections found will also be considered to
determine the next highest priority watershed. For example. if it is found that the majority of illicit
connections come from a particular type of facility, the watershed with the highest concentration of that
type of facility will be investigated next. A debriefing will be conducted after each watershed
investigation is concluded. Additional meetings will be held, and changes to the process will be made as
appropriate.
7.17 Non -Storm Water Discharges
Some categories of non -storm water discharges include water line Flushing. landscape irrigation, diverted
stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped
ground water, discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, residential car
washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street
wash water. These categories of discharges are not presently seen as significant contributors of pollutants
to Burlington's MS4 system and therefore will not be addressed.
7.18 Other Incidental Non -Storm Water Discharges
Based on available information, there are no other incidental non -storm water discharges that arc
contributing significant amounts of pollutants to the MS4.
7.19 Outreach
7..19.1 Improve Illicit Education Efforts
The City is required to educate their citizens on the potential harms associated with the illegal dumping of
illicits. The City will distribute literature on the detrimental effects of many household toxics, Citizens
will be made aware of what can and can't be dumped into the storm sewer system. Representatives of the
business community will also be informed using educational ideas discussed in the Public Education
section. Efforts such as this will help meet the illicit discharge education requirements, and will correlate
with minimum measures I and 2.
7.19.2 Storm Water Management Guide for Susceptible Businesses
Certain industries are susceptible to producing illicit discharges. A storm water management guide,
tailored to these industries, will be produced and distributed to appropriate businesses operating within
the City (See Public Education minimum measure).
7.,20 Decision Process
The City of Burlington now knows the locations of regulated outfalls within their jurisdictional area.
Therefore, it is the goal of City leaders to investigate these outfalls and in turn identify, track: and
January, 2010 City of Bur ington
Stormwater Management Plan 25

disconnect any illicit discharges to the MS4. In addition, the public will be educated about illicit
. discharges and their impact on water quality in Burlington.
•
The illicit discharge detection and elimination process described previously is based on EPA guidance
and processes and procedures being used successfully in other communities. The process allows for a
timely and efficient gathering of information within each watershed and provides documentation of
potential discharges, facilities cited and actions taken. The debriefing meetings held at the end of' each
drainage area investigation allows for further refinement of the system.
There are three basic reasons why illicit connections have been made to the system. These three reasons
are discussed below.
I . The person responsible for the discharge is unaware that it is happening. For example, a sanitary
sewer leak.
2. The person responsible for the discharge is aware of the discharge, but is unaware that it is
unacceptable.
3. The; person responsible for the discharge is aware that the discharge is occurring and is aware that it is
unacceptable.
The first two reasons for illicit discharges will be addressed through education efforts and interagency
agreements. Regular inspections of each drainage area will also help to reduce the number of connections.
Generally, reduction in the number of discharges associated with the third type listed above will only be
reduced through aggressive inspection and enforcement activities.
7-21 Evaluation
The overall goal for this minimum measure is the identification and removal of illicit connections that are
negatively affecting water quality in the City of Burlington. In order to meet this goal, the storm sewer
map with all regulated outfails located was completed. The completion of this map met one measure of
the program',, success for the initial five year cycle. The success of this minimum measure will now he
measured through the number of illicit connections that are identified and addressed. See the BMA
Summary Table located in Section 7.3.1 for more information.
7.3 Construction Site Stormwater Runoff Control
Polluted storm water from construction sites is often conveyed to storm sewer systems that ultimately
discharge into rivers and streams. Sediment from construction sites has been shown to exceed that from
agricultural lands by 10 to 20 times and 1,000 to 2,000 times for forested land. During a small storm
event, both large or small construction sites can contribute a significant quantity of pollutants to receiving
water bodies. Although sediment is the primary concern. contaminants include nutrients, pesticides, oils
and grease, concrete truck washout, and construction chemicals and debris.
NPIDES Phase 11 legislation requires the following to comply with this minimum measure:
• Establishment of an ordinance or other regulatory mechanism requiring the proper implementation of
sediment and erosion controls for construction sites with a land disturbance greater than or equal to
one acre.
• Procedures for site inspection and enforcement control measures
January, 2010 City of Burlington
Stormwater Management Plan 26

Sanctions to ensure compliance with local regulatory requirements (Ordinance or other regulatory
mechanism)
• implementation of procedures for site inspection and enforcement of sediment and erosion control
measures
The following sections describe the City of Burlington's erosion control program that is already in place.
The program meets the requirements of this minimum measure therefore no additional BMPs are needed.
However, the City of Burlington will pursue educational programs for employees and contractors.
7„ 21.1 Land Development Regulations
All land -disturbing activities involving an area greater than one acre are required by law in the state of
North Carolina to operate under an approved erosion control plan. This plan must be obtained before
work begins on a site, Although tracts containing less than one acre do not require permits, adequate
pleasures to prevent erosion and contain sediment on site are still required.
The City of Burlington Engineering Department, as the local enforcement agent for the control of land
disturbing activities for the state of' North Carolina, administers an erosion control program within the
City Ilinits and extraterritorial jurisdictional area. This program operates under the direction of the Land
Quality Section of NCDENR, which enforces the requirements of the Sedimentation Pollution Control
Act of 1973 on a statewide basis.
The Sedimentation Pollution Control Act of 1973 is a performance -oriented law that allows flexibility in
determining the most economical and effective methods for controlling erosion and sediment. The North
Carolina Sedimentation Control Commission sponsored the development of the North Ccrrnlina Erosion
and Sedimentation Control Planning and Design Manual, a basic reference used during plain preparation,
review, implementation, and enforcement to minimize and control the effects of erosion and
sedimentation on surrounding land, water bodies and ecosystems.
Plans are required to be prepared by, or under the direction of, a Professional Engineer, Professional Land
Surveyor, Registered Architect, or Registered Landscape Architect. Since every site has unique
characteristics, each erosion and sedimentation control plan should be site specific. However, the Design
Manual contains a checklist of items to be incorporated into a typical plan. City of Burlington
Engineering Specifications and Standard Details are also available to assist the designer.
Three sets of drawings showing the site, its features, and the proposed erosion and sedimentation control
plan must be submitted to the Engineering Department for review. A completed Financial
Responsibility/Ownership Form and an acreage -based permit fee inust be submitted with the proposed
plan.
Staff engineers review the plan and if it is found to be incomplete or inadequate the designer is requested
to provide additional information or to revise the plan. Once the plan is :approved, a Land -Disturbing
Activity Permit is issued. During implementation of the plan and subsequent construction, Engineering
Department staff members inspect the site to determine if the approved plan has been implemented and to
ensure compliance with the law. Any person or party engaging in a non -compliant land -disturbing activity
will be directed to stop work and will be issued a Notice of Violation. Violators are subject to a fine of
$500.00 per day for each day that the site is not in compliance, and may be charged with a Class 2
inisdeineanor, which may include a fine not exceeding $5000.00. Examples of violations include:
0 • No approved plan
January, 2010 City of Burlington
Stormwater Management Plan 27

•
• Failure to follow an approved plan
• Failure to provide adequate ground cover
• Insufficient measures to retain sediment on site
• Failure to take all reasonable measures
• Inadequate butler cone
• Graded slopes and fills too steep
• Unprotected exposed slopes
• Failure to maintain erosion control measures
All measures should be installed as shown oil the approved plan, and should be inspected by the
contractor or developer on a weekly basis and after all storm events.
7..21.2 Special Use Permits
The Technical Review Committee made up of City employees from various departments meets every
Thursday to review submitted plans that may be of concern because of their size or location. The
committee decides whether a Special Use Permit is necessary for the project, and what will be required
from the developer to control storm water runoff. The developers of large projects are encouraged to
provide for retention of storm water on -site through the utilization of basins, storage pipes and other
devices.'t'hose projects for which the issuance of a Special Use Permit is necessary will generally be
required to implement retention measures if downstream properties would be adversely affected.
7..21.3 Floodplain Ordinance
The City of Burlington also utilizes it floodplain ordinance to restrict development within the FEMA
floodplain and other mapped streams where regulatory I'lood elevations or floodways have not been
provided. The ordinance sets forth requirements for development along both mapped and unmapped
streams.
7..21.4 Watershed Protection Regulations
Alamance County adopted watershed protection regulations that provides the authority to regulate the use
of properties in water supply watersheds located in its territorial jurisdiction by virtue of N.C.G.S. 153A-
330(ff) and Article 21 of Chapter 143 of the General Statutes of North Carolina. The ordinance includes
density limits, buffer regulations, site plan requirements, and penalties for violations.
7..21.5 Jordan Lake Rules
The City will adopt ordinances and regulations associated with the Jordan Lake Mules as outlined in the
approved rules. These regulations will provide additional authority and requirements to programs already
being implemented by the City. One possible modification is that the erosion control permit will be
required on lots with disturbances of less than one acre.
7..21.E Other Ordinances
In addition to the above -mentioned ordinances, the City of Burlington Engineering Department also
requires developers to submit calculations for proposed development adjacent to small streams. The
results of these calculations yield a minitnum finished floor elevation that is allowed oil the site.
January, 2010 City of Burlington
5tormwater Management Plan 28

7.4 Post -Construction Stormwater Management in New Development
and Redevelopment
Post -construction storm water management is necessary because runoff from areas undergoing
development and redevelopment has significantly impacted receiving waterbodies. This impact typically
occurs in two forms. The first impact is due to an increase in the type and quantity of pollutants in storm
water runoff. As water flows over these sites, it transports harmful contaminants such as oil and grease,
pesticides, heavy metals, and various nutrients, (e.g., nitrogen and phosphorous). These pollutants become
suspended in the runoli' and are conveyed to receiving water bodies, such as lakes and creeks.
The second post -construction runoff impact typically occurs as a result of increased storm water runoff
rates and volume due to an increase in impervious surfaces. This increase in runoff has not only been
shown to interrupt the natural water balance of percolation into the ground, but also impact the receiving
waterbody through strc:ambank scouring and downstream flooding.
The NPDES Phase 11 program that the City of Burlington enforces has the following requirements:
• Enforce a program to manage post -construction discharges to the MS4 from new development or
redevelopment project that disturb greater than or equal to one acre;
• Develop and implement a combination of both structural and non-structural BMPs
• Requires the use of post construction runoff controls
• Ensure adequate long-term operation and maintenance of the controls
The post construction program developed by the City of Burlington was adopted on July I, 2007. As part
of this program, two staff members have acquired certifications to review stormwater plans and to inspect
and maintain the proposed BMPs. The City relies on the North Carolina Best Management Practices
Manual for design and maintenance.
7.,22 Storm Water Management Permitting Options
The City of Burlington's post -construction program applies to all new development projects that
cumulatively disturb one acre or more, and to projects less than an acre that are part of a larger common
plan of development or sale. The program also applies to all redevelopment projects that cumulatively
disturb one acre or more, and to projects less than an acre that are part of a larger common part of
development or sale. The projects must apply for permit coverage as it low or high -density project.
7..22.1 Low Density Projects
The definition of low -density projects is given within SWU-268-103102. Within the City of Burlington,
there; are few law -density projects as minimum zoning requirements allow for development that exceeds
these thresholds.
7.22.2 High Density Projects
Criteria for high -density projects (projects that exceed the low -density threshold) are also given in the
State's Instructions for Preparing the Comprehensive Stormwater Management Program report (SWU-
268-103102). Within the City of Burlington, most of the high -density development is occurring within
several areas of the City. The area of the City currently experiencing the most growth is the southwest
fringe; area, which has recently been served with City water and sewer service and includes a new
highway interchange. The new developments include commercial, residential and industrial land uses.
January, 2010 City of Burlington
Stormwater Management Plan 29

7..23 Operation and Maintenance
is
In order for the post -construction program to be Successful, an operation and maintenance component
must be developed that ensures the long-term operation of required structural BMPs. It is a requirement of'
the post -construction ordinance that owners of permitted structural BMPs submit an annual maintenance
inspection report on each structure. The requirement also specifies that the inspections must be conducted
by qualified professionals and that the inspection report must be signed and certified by the owner.
Failure to comply with this requirement will result in penalties adopted as part of the post -construction
ordinance.
7..24 Control of Fecal Coliforms
Water polluted by human or animal waste can harbor numerous pathogens that may threaten human
health. Since routine tests for individual pathogens are not practical, fecal coliform bacteria are widely
used as an indicator of the potential presence of disease -causing microorganisms. Fecal coliforms are
bacteria typically associated with the intestinal tract of warm-blooded animals and their number is
generally assumed to be correlated with the number of pathogens in a water sample. They enter Surface
waters from a number of sources including failing on -site wastewater systems, broken sewer lines,
improperly treated discharges of domestic wastewater, improperly designed or managed animal waste
facilities, and wild animals.
Several general management strategies for addressing fecal coliform contamination include:
• Maintenance and repair of sanitary sewer lines by WWTP authorities.
• Elimination of piped unpermitted discharges of home waste (also known as "straight piping").
•a Encouragement of local health departments to routinely monitor waters known to be used for body
contact recreation (e.g., swimming and tubing).
•
There are no waterbodies impaired for fecals within the City of Burlington. However, septic tanks are
used in the City where citizens live outside of the service area of the wastewater treatment plant. Within
the City of' Burlington, the Alamance County Health Department, Environmental Services, is responsible
for permitting new septic tanks within the County, and also for issuing repair permits to repair or replace
existing septic systems. The City of Burlington will continue to rely on the Alamance County Health
Department to perform these tasks as related to fecal controls.
The City of' Burlington has the authority to require residents with failing septic systems to tap onto the
City's sanitary sewer system.
7_25 Additional Requirements for SA Waters
There are no SA waters within the City of Burlington. Therefore, these requirements do not apply.
7..26 Additional Requirements for Trout Waters
There are no designated trout (Tr) waters within the City of Burlington. Therefore, these requirements do
not apply.
January, 2010 City of Burlington
Stormwater Management Plan 30

• 7..27 Additional Requirements for Nutrient Sensitive Waters
All of the USGS streams within Burlington are classified as NSW according to data available from the
2006 Final North Carolina Water Quality Assessment and Impaired Waters List. This is due to the fact
that Jordan Lake has nutrient management strategy in place and it designated the entire Jordan Lake
Watershed as NSW. Information available from the DWQ wehsite states that both point and norpoint
source runoff (agriculture and urban) contribute to poor water quality in the region.
•
The City of Burlington is currently required to remove phosphorus from its wastewater effluent that is
discharged into the Haw River. The limit imposed is 2 mg/L and is being reduced as part of the Jordan
Lake Rules as devised by NCDENR. The Jordan Lake Rules also impose a limit on nitrogen exported
frorn the City's WWTPs. The limits imposed upon phosphorus are required to be met in 2010 while the
nitrogen limits are not enforced until 2016. The City of Burlington will coordinate with these efforts in
order to develop the most effective program to address nutrients.
Urban runoff is the likely cause for the water quality issues in Little Alamance Creek, Gum Creek,
Bowden Branch, and Staley Creek. While agriculture is the likely cause for the water quality issues in
Back Creek and Servis Creek. The Haw River receives a large amount of wastewater discharge, and fecal
coliform bacteria are noted as a problem parameter. According to DWQ, a TMDL and management
strategy will be developed to address fecal coliforrn bacteria and turbidity, and resampling for biological
and chemical data will attempt to determine potential problem parameters associated with nonpoint
sources in the Haw River. DWQ will continue to monitor these streams to assess potential impacts from
point and nonpoint sources.
The City of Burlington proposes to address these issues on a watershed basis. Areas with NSW will
require site -specific BMPs to reduce nutrient loadings in these watersheds. These BMP requirements will
be implemented and enforced as part of the comprehensive past -construction ordinance to be developed.
7_28 Comprehensive Watershed Plans
The City of Burlington plans to split the City into smaller management units (based on drainage area).
The areas will then be prioritized for investigation based on any identified water quality impairments or
heavily developing areas. The areas will then be evaluated separately to determine the most effective
BMPs (structural or non-structural) to be implemented in each area based on the types of development
occurring and any water quality concerns, including NSW. A watershed plan has been developed for the
Little Alamance Creek through a grant obtained by the Piedmont Triad Council of Governments.
7_29 BMP Summary Table
■
994
IV'lea'�uratile Goals
Yr
Yr
Yr
Yr
YrIl9es~
po ,, i
Part /Piosition
I
Post -Construction
Enforce the post -construction
X
X
X
X
X
Michael S Layne,
Ordinance
ordinance that addresses both high and
PE 1 Field
low -density projects and BMP
Operations
requirements as well as requirements
Manager
for nutrient sensitive waters
2
Fecal Coliform
Coordinate with Alamance County
X
X
X
X
X
Robert Harkrader
Control
Health Department to develop a
/ Planning Dir.
ro Tram to address Pollution from
,January, 2010 City of Burlington
Stormwater Management Plan
ff

r
U
septic tanks
3
Nutrient Sensitive
Coordinate with efforts to develop and
X
X
X
X
X
Michael S Layne,
Waters
implement it nutrient application
PE / Field
management prograrn through the
Operations
Upper Cape Fear nutrient management
Manager
.strategy
4
Non-Structurat and
Provide training for developers and
X
X
X
X
X
Michael S Layne,
Structural BMPs
City staff
PE / Field
Operations
Manager
5
Operations and
Develop operations and maintenance
X
X
X
X
X
Michael S Laync,
Maintenance
requirements for BMPs (to be included
PE f Field
in the post -construction ordinance)
Operations
Manager
6
Implement Green
Continue "Green Committee" and
X
X
X
X
X
Michael S Layne,
Infrastructure
review of ordinances to implement
PE / Field
Strategies
green strategies
Operations
Manager
7.30 Non -Structural BMPs
Non -Structural BMPs are nianagernent measures that prevent degradation of water resources at the source,
rather than treating runoff that has already been polluted. Non-structural practices can include a variety
of site -specific and regional practices, including street sweeping, illicit connection location and
elimination, public education and outreach, land use modifications to minimize the amount of impervious
surface area, waste collection, and proper materials storage. While non-structural practices play an
invaluable role in protecting surface waters, they are not as easily quantified as structural BMPs.
7.30.1 Policies and Ordinances
In the City of Burlington's Zoning Code, the Water Supply Protection Regulations apply to any
Watershed Critical Areas (WCA). Within any WCA, a 50-foot stream buffer on each bank is required on
all perennial streams, and it 100400t wide natural buffer is required around all water supply reservoirs.
The City of Burlington is currently drafting an existing buffer ordinance as part of the Jordan Lake Rules
which will further restrict impacts on buffers ordinance in the City.
7.30.2 Policies and Ordinances to Encourage Infil# Development in Higher -Density Urban Areas
The City of Burlington does not currently have any policies or ordinances to encourage infill development
in higher -density urban areas. However, staff is considering it major overhaul of existing ordinances in an
effort to encourage reduced environmental impacts from development.
7.30.3 Education Programs
An important piece in the post -construction prograrn is training for developers. Since they are the persons
most affected by the post -construction regulations, it is imperative that they have it good understanding of
what is required with the regulations. The City of Burlington will provide informal training for
• developers on the new regulations and design requirements. The training will take place annually or as
needed.
January, 2010 City of Burlington
5tormwater Management Plan 32

0 7.30.4 Other Measures
7..30.5 Hazardous Materials
The City of Burlington Fire and Police Departments are first respondents to a spill. The City of
Burlington has a reciprocal agreement with the City of Graham Fire Department. The Department serves
❑s the Hazardous Material (Hazmat) response Learn that is in charge of mitigation of potential
contaminants during a spill. The Graham Hazmat response team is backed up by NCRRT4 (the State
Regional Hazmat team). Since most spills are due to roadway accidents, hazardous materials commonly
end up in the storm sewer system. The Department is responsible for keeping the material from spreading
to additional areas or to nearby storm drains. After dikes or other methods confine the spill, a private
contractor or other agency is contacted to clean up, collect, and dispose of the material. The Burlington
Public Works Department utilizes their Spill Prevention and Control and Countermeasure Plan in the
event of it spill at the Equipment Services Center.
7.31 Structural BMPs
Structural BMPs are physical structures designed to remove pollutants from storm water runoff, reduce
downstream erosion, provide flood control, and promote groundwater recharge. Structural BMPs differ
from non-structural BMPs in that they include engineering design and construction.
The City of Burlington will recommend appropriate structural BMPs for each individual drainage area
within the City based on the types of development that are currently taking place and any water quality
issues that exist within the area. Recommended BMPs include wet detention ponds, wet extended
• detention ponds, storm water wetlands, shallow wetlands, pond/wetland systems, bioretention areas, sand
filters, infiltration trenches, and enhanced dry swales. A BMP manual listing BMP options and details
created by NCDENR has been adopted as the standard BMP manual for use by City staff and developers
within the City's jurisdiction.
7.32 Natural Resource Protection
The City currently does not have any programs in place to protect natural resources. The City is
considering a major overhaul of existing ordinances in an effort to encourage reduced environmental
impacts from development. This could include clustering possibilities for future development and
dedication of conservation areas.
The City of Burlington is currently drafting an existing buffer ordinance as part of the Jordan Lake Rules
which will further restrict impacts on existing buffers in the City.
Surface water protection is handled through zoning ordinances which restricts the density of development
in WCA. In addition the City has a comprehensive land use plan which restricts developments with a
higher risk of surface water pollution it safe distance from existing surface waters.
7.33 Open Space Protection
The City requires the dedication of a certain amounts of open space when development occurs. The
amount for each development is outlined in the subdivision ordinance. In addition, open space is created
• as a by-product of the stormwater and zoning ordinances the City has in place. As mentioned above, the
City is considering a major overhaul of existing ordinances in an effort to encourage reduced
January, 2010 City of Burlington
Stormwater Management Plan 33

environmental impacts from development and additional dedication of open space could be incorporated
into the revised ordinances.
7.34 Tree Preservation
The City has established a Tree Commission and developed a tree ordinance which applies to trees
located on public property and right of ways. In addition, the City is designated as a Tree City by the NC
Urban Forest Council.
The City does not regulate trees located on private property. This could be a valuable asset for the City if
measures were taken to have restrictions in place on tree removal. Property values tend to increase when
mature trees are in place and water quality improves. The City should investigate the possibility of
implementing a tree ordinance for private property as part of the ordinance overhaul.
The City does not require trees to be planted on new public streets. Despite this, there are many new
streets within the City which have been planted by developers and maintenance turned over to the City.
In addition, the Green Leaf Society, a private fundraising group, has worked in partnership with the City
and State to install street trees on several roads within the City. This partnership consisted of the Green
Leal' Society funding the purchase, installation, and maintenance of the street trees for a 2 year period
after which the City will assume responsibility. These projects have raised the awareness of the benefits
associated with street trees could be a stepping stone toward the City requiring street trees in the future.
7.35 Redevelopment
The City funds it position which advertises the downtown and redevelopment opportunities therein. This
is a new venture for the City and could prove to be a vital step in steering developers toward developed
sites rather than green fields.
7..36 Development in Areas with Existing Infrastructure
'rhe City made some major investments in the expansion of infrastructure to areas primed. for
development back in the early 2000s. Along with this land use plans were created which are used to
control sprawl and enhance marketability of the area,, which now have infrastructure available. It Is
anticipated that the City will continue to evaluate possibilities for expanding the current infrastructure but
no action is anticipated. Rather, the City will persuade development in areas where infrastructure already
exists.
7.37 Mixed Use Development
The City's Comprehensive Land Use Plan controls what type of land use are allowed in certain areas.
The City has taken great efforts to adhere to the land use plan and by doing so has created a version of
mixed use development. As mentioned above, the City is considering a major overhaul of existing
ordinances in an effort to encourage reduced environmental impacts from development. Part of this
overhaul Could be to encourage both mixed use development and transit oriented development.
7.38 Street Design
The City encourages the use of various pavement widths dependent upon the classification of the street.
The street width is determined by the subdivision ordinance. This has been an effective method for
reducing impervious area created through new development. However, when the City begins to revise
January, 2010 City of Burlington
Stormwater Management Plan 34

ordinances, there is still opportunity to reduce street widths even more in an effort to align with some
. common LID practices.
•
The City does not have a driveway ordinance although one is currently being drafted by staff. Policy
throughout the City has been that each driveway is looked at on a case -by -case basis with the
understanding that each lot will be granted at least one driveway. The City has recently veered some
from this policy on large common developments and required some sharing of commercial driveways.
7.39 Green Infrastructure Elements and Street Design
As mentioned above, the City is considering a major overhaul of existing ordinances in an effort to
encourage reduced environmental impacts From development. As the City moves forward green
infrastructure elements and street design will be included. Some possible features could.be reduced
pavement widths, promoting ribbon pavement with swales, alternative pavements and retrofits of existing
stormwater structures.
Unfortunately, the use of alternative pavements in the City is very difficult due to soil types. The soils are
mainly clays that do not provide a good recharge ratio. The City will keep an open mind to the products
as they are improved upon and continue to explore possible uses.
7-40 Reduced Parking Requirements
The City's parking requirements are rather stringent and do not provide an abundance of flexibility to
developers. As part of the ordinance review process, the City should investigate what opportunities it has
to provide more flexibility on parking and develop a more accurate way to determine what parking is
necessary without over -parking the lot.
7-41 Transportation Demand Management Alternatives
The City currently does not have a public transit system in place. There have been efforts to develop
some park and ride lots within the City which would be operated by the Piedmont Authority for Regional
Transportation {PART} but no lots currently exist. The City should continue to explore this possibility in
hopes of reducing trips.
7..42 Minimizing Stormwater from Parking Lots
The City's zoning ordinance describes landscaping requirements For new developments and is an
effective tool for minimizing stormwater runoff from parking lots. In addition to these guidelines, the
stormwater ordinance could be used to further enhance the capture of stormwater runoff in bioretention
cells or swales.
7-43 Maintenance/Enforcement
The City requires all property owners which have a structural BMP to submit annual inspections of the
BMP and the property owner is responsible for performing maintenance as required. The inspections
must be completed by a certified professional. The Stormwater Ordinance provides the enforcement
ability of the City and outlines the steps required should a property owner fail to provide maintenance.
January, 2010 City of Burlington
Stormwater Management Plan 35

7..44 Green Infrastructure Strategies
Green Infrastructure strategies have recently begun to gain traction with the City of Burlington. A new
"Green Committee" was formed in an effort to determine what actions the City could do to be a better
steward of the environment. This was a critical step in moving the City towards being a leader in
environmental awareness. The continuation of the "Green Committee" and implementing its
recommendations throughout the City will be critical in the short, medium and long range strategies for
implementing green infrastructure.
Throughout this document reference has been made to the fact that the City is considering a major
overhaul of existing ordinances in an effort to encourage reduced environmental impacts from
development. This effort will encompass the short, medium, and long range strategies for including green
infrastructure. It will affect both existing and new development and will have an outreach program that
provides additional awareness to the citizens of what can be done to preserve our environment.
7A5 Regulatory Mechanism
The City of Burlington has adopted an ordinance to address post -construction runoff. The ordinance
includes requirements for low and high density projects, operations and maintenance requirements, and
structural and non-structural BMP requirements. This ordinance is called the Storrnwater Ordinance and
is attached in Appendix D.
7A6 Operation and Maintenance of BMPs
. Long-term maintenance of BMPs is essential for program success. Therefore, the City of Burlington
requires as part of the post -construction ordinance, a long-term operation and maintenance plan for
BMPs. The responsibility for maintenance of the BMP is attributed to the property owner. Should the
owner Iail to provide maintenance, the City will perform the maintenance and take measures to collect
expenditures including placing a lien on the property.
TV Evaluation
The main measure of success will be the level of operation of the BMPs within the system. The
development of a comprehensive ordinance with an emphasis on environmental stewardship through LID
and other measures will be another measure of success, since it will involve many different individuals
front various departments. Other measures of success will be the completion of program tasks within the
designated year for completion. For a detailed outline of measurable tasks refer to section 7.5.8.
7.5 Pollution Prevention/Good Housekeeping for Municipal
Operations
The final minimum measure required by the NPDES Phase II program involves the examination and
possible alteration of municipal operations for good housekeeping and pollution prevention measures.
This measure requires that municipalities evaluate their actions to ensure a reduction in the amount and
type of pollution that accumulates on streets, parking lots, open spaces, and storage and vehicle
maintenance areas that discharge into local water bodies. In addition, this measure requires an evaluation
of results from land development actions that stay contribute to pollutants in storm water runoff. The
primary intent of the EPA with this measure is to irnprove and protect water quality by altering the
January, 2010 City of Burlington
Stormwater Management Plan 36

•
performance of municipal operations. However, the EPA also feels that this measure could also result in
increased cost savings for municipalities through proper and timely maintenance of storm sewer systems.
To comply with this control measure, the City will be required to address the following requirements:
• Develop an operation and maintenance program with the objective of preventing or reducing pollutant
runoff from municipal operations into the City's storm sewer system.
Include .training of City operations personnel on how to incorporate pollution prevention / good
housekeeping techniques into City operations. This could include park and open space maintenance,
fleet and building maintenance, new construction and land disturbances, and storm water system
maintenance.
Guidelines for implementing these measures could include structural and non-structural measures to
reduce floatables and other pollutants, controls for reducing or eliminating the discharge of pollutants
from areas such as roads and parking lots, maintenance and storage areas (including salUsand storage and
snow disposal areas), and waste transfer stations.
7..48 BMP Summary Table
BMP
�
Measurable Goals
Yr
Yr
YrYr
Responsible
Nw��'
��
NM
�
�
pia �0 IiiOn
I
Training
Provide. good housekeeping / pollution
X
X
X
X
X
Michael S Layne,
prevention training for staff
PE / Field
Operations
Manager
2
Maintenance and
Development of a program to inspect
X
X
X
X
X
Nolan Kirkman /
Inspections
and repair City -owned storm drainage
Public Works
infrastructure
Dir.,
Michael S Layne,
PE / Field
Operations
Manager
3
Other Operations
Review and provide training related to
X
X
X
X
X
Michael S Layne,
NPDES industrial permits for the
P1 / Field
Public Works fleet maintenance
Operations
facility and wastewater treatment
Manager
facilities
5
Ordinances
Existing ordinances will be reviewed
X
X
X
X
X
Michael S Layne,
and amended as necessary
PE / Field
Operations
Manager
7..49 Affected Operations
7..49.1 Maintenance Facilities
The City of Burlington maintains several maintenance facilities. These facilities include athletic
rnairttenance, recreation maintenance, public works (building maintenance), equipment services,
January, 2010 City of Burlington
Slormwater Management Plan 37

sanitation department, street department, and water and wastewater facilities. The City currently recycles
used motor oil, antifreeze and parts washing fluid from City fleet vehicles. In addition, oil filters are
drained before they are landfilled. Used batteries are exchanged with a local battery vendor, and other
recyclables (plastic, cardboard, paper) are collected by the City. The City utilizes in oil -water separator at
its water and sewer system maintenance facility. Fueling stations are covered and no materials are stored
outside uncovered.
TAU Existing Municipal NPDES Permits
The City of Burlington maintains NPDES permit coverage for its municipally owned industries. Due to
initial NPDES legislation in the 1970s and 1980s, the East Burlington and South Burlington Wastewater
Treatment Plants and the City's water treatment plant were required to obtain NPDES permit coverage.
The East Burlington WWTP NPDES permit number NCOU23868 currently covers treated effluent from
the wastewater treatment plant. The South Burlington WWTP is covered tinder NPDES permit number
NC0023876. Wastewater from the potable treatment process at the water treatment plant is covered by
NPDES permit number NC0083828.
7_50 Training
The City must establish a training program for their staff regarding the importance of storm water
pollution prevention and good housekeeping. Currently City staff members that work at facilities with an
NPDES permit receive good housekeeping training through stormwater division staff. EPA recommends
training for staff members who deal with parks and open space, the Fleet maintenance center, new
construction, and NIS4 maintenance therefore the good housekeeping program will need to expand. A
group program will be presented to City staff members regarding good housekeeping practices and
procedures. In addition, available resources and materials from the EPA and NCDENR will be used
where appropriate for training.
7_51 Maintenance and Inspections
7..51.1 Storm Drainage Policy and Procedures
The City is responsible for maintenance of storm drainage systems that fall within their rights -of -way. In
addition, the City maintains a policy to address storm drainage issues in subdivisions and on private
property. It is the City's stance that storm drainage systems in new subdivisions are the entire and sole
responsibility of the developer. In addition, all new subdivisions are required to have drainage systems
installed by the developer in accordance with the requirements and regulations of the City. Pipe sizes are
determined by the engineer and then approved by the City's Engineering Department.
The City maintains a cost -share program that allows property owners receiving storm water discharged
from an existing City street to share in the cost of installation of storm drainage improvements on their
property. Residents provide an easement to the City and share in the cost of the project on a 50 — 50
percent hasis. The City's maximum share of the cost of any project is $10,000 per lot or owner.
7..51.2 Street Sweeping
The goal of the City of Burlington'~ street sweeping program is to address both aesthetic and water
duality issues. The goal is accomplished by distributing various levels of service throughout the business
and neighborhood community areas. The central business district, which has considerable vehicular and
pedestrian traffic, is swept twice per week. Heavily traveled commercial districts, City parking lots and
January, 2010 City of Burlington
5tormwater Management Plan 38

major through streets are swept once per month. Residential streets, with limited throughway and
pedestrian traffic, and neighborhood streets, which are used for local purposes only, are swept 2-3 times
per year. The street -sweeper also has an attachment to clean catch basins that can be utilized if needed.
7_513 Pesticide/Herbicide Application
As part of the street sweeping program, herbicides are used to eliminate grass and weeds in the street and
curb line. The spraying is done in conjunction with street sweeping through a specially designed closed
rnixed sprayer. The City is environmentally conscious and does not use any restricted -use pesticides in its
program. Records are maintained to keep track of days and areas of application. Additionally, herbicides
are stored in safe, dry places in accordance with the manufacturer's suggested recommendations.
Inventory and appropriate MSDS documentation are maintained. The pesticide/herbicide application
program utilized by the City of Burlington is licensed by the State of North Carolina.
7..52 Vehicular Operations
As mentioned above, the City currently recycles used motor oil, antifreeze and parts washing fluid from
City fleet vehicles. In addition, oil filters are drained before they are landfilled. Used batteries are
exchanged with a local battery vendor, and other recyclables (plastic, cardboard, paper) are collected by
the City. The City utilizes an oil -water separator at its water and sewer system maintenance facility.
Fueling stations are covered and no materials are stored outside uncovered.
Routine maintenance of a storm sewer system requires that pipes and culverts be kept free of debris and
blockages. This allows the system to operate at its full capacity and reduces the chances of road and
structure losses due to flooding. Specialized trucks, such as those manufactured by Vactor, are necessary
in removing blockages and preventative maintenance. The City has purchased a vacuum which can also
be used for sanitary sewer maintenance.
7..53 Waste Disposal
Wastes from municipal operations, including sweepings and dredge spoil are occasionally stored at the
public works maintenance facility. The amount of storage time is minimal, and the materials are taken
either to an approved landfill or an inert debris site. However, while the materials are kept on the site
they are not covered. The City has identified the importance of buffers around these spoil piles and takes
effort to insure the maintenance of the buffers for water quality protection.
7..54 Flood Management Projects
Flooding is not a majorconcern in Burlington, in part due to the City's implementation of the Floodplain
Ordinance; and strict regulation of development in floodplain areas. As a result, the City has not and does
not currently plan to construct any flood management projects.
7..55 Existing Ordinances
The City of Burlington's Code of Ordinances contains several sections that relate in some way to storm
water. These sections include: Chapter 13, Garbage and Refuse; Chapter 31.5, Soil Erosion and
Sedimentation Control; Chapter 37, Waters and Sewers, Chapter 17, Lakes, Chapter 32, Streets and
Sidewalks; and Appendix B, Floodplains. In addition Burlington has in place it Floodplain Ordinance and
Watershed Protection Regulations (see Appendix D). The Sediment and Erosion Control Ordinance
is regulates runoff resulting from site development and is also Included in Appendix D. Also included in
January, 2010 City of Burlington
Slormwater Management Plan 39

e
Appendix D are the City of Burlington's existing storm drainage policy and procedures and the
Stormwater Ordinance.
7-56 Other Evaluations
Although not directly related to the MS4 permit coverage required for the City of Burlington, the City is
required to obtain separate NPDES Stormwater permits for the City's fleet maintenance facility and the
City's wastewater treatment plants. Municipally owned industries other than airports, landfills, and power
plants to small municipalities (< 100,000 citizens) were exempt from NPDES permit coverage under the
Itrtermodal Surface Transportation Efficiency Act of 1991. The Phase II regulations eliminate the
previous exempt status. Due to the nature of the work associated with a typical city fleet maintenance
facility, these facilities can be viewed as a threat to water quality or a contributor of storm water
discharges associated with industrial activity. In addition, the stormwater discharges from wastewater
treatment facilities are also subject to the Phase 11 regulations. The City of Burlington has received and
currently abides by the NPDES permits for the fleet maintenance facility and the wastewater treatment
facilities.
7-57 Decision Process
The City of Burlington realizes that implementing a successful storm water quality program affects all
levels of municipal operations. Therefore, City leaders are committed to devising and implementing a
Good Housekeeping / Pollution Prevention Program to address municipal operations. City programs and
operations will be evaluated, illicit discharges located on City -owned properties will be addressed,
existing ordinances will be evaluated and altered as needed, and necessary training will be provided for
staff. See the BMP Summary Table in Section 7.6.1 for more information.
7-58 Evaluation
As stated above, the BMPs listed in the Pollution Prevention/Good Housekeeping BMP Summary Table
located in Section 7.6.1 will be evaluated annually for compliance. In addition, the number of staff
members trained annually will he submitted aS part of the annual report. Also included in the annual
reports in the referenced year will be the maintenance programs developed for storm drainage
infrastructure and the number and types of deficiencies corrected.
7..59
January, 20t0 City o1 Burlington
Stormwater Management Plan 40

•
Appendix A
0 USGS Regulated Streams in the City of Burlington
•

City of Burlington
USGS Streams and Unnamed Tributaries

0 0 0
Table 1• Streams in the Cape Fear River Basin that Receive Discharges from the City of Burlington
Reteving Stream Name
Stream Segment
Water Quality Classicfication
Use Support Rating Water Quality Issues
303(d) list
Back Creek(Little Creek)
16 19 5
C;NSW
Not Sampled
None
No
Unnamed Tributary BCOI
n/a
n/a
n/a
n/a
No
Unnamed Tributary 602
n/a
Ala
n/a
Ala
No
Unnamed Tributary 00O3
n/a
n/a
n/a
n/a
No
Unnamed Tributary BC04
n/a
n/a
n/a
n/a
No
Unnamed Tributary BC05
n/a
n/a
n/a
Ala
No
Unnamed Tributary BC06
Ala
n/a
n/a
Ala
No
Unnamed Tributary BC06a
n/a
n/a
n/a
n/a
No
Unnamed Tributary BC06b
Ala
n/a
n/a
n/a
No
Unnamed Tributary BC07
n/a
n/a
n/a
Ala
No
Unnamed Tributary BC07a
n/a
n/a
Ala
n/a
No
Unnamed Tributary BC08
n/a
n/a
Ala
n/a
No
Bowden Branch
16-19-11-2
C;NSW
Not Sampled
n/a
ran
Unmamed Tributary BB01
n/a
n/a
n/a
n/a
No
Unmamed Tributary OB02
Ala
n/a
n/a
n/a
No
Gum Creek
It, V) /
C;NSW
Not Sampled
Nnnr
Nu
Unnamed Tributary GCO1
n/a
n/a
n/a
Ala
No
Unnamed Tributary GCO2
n/a
Ala
n/a
n/a
No
Unnamed Tributary GCO2a
n/a
Ala
n/a
n/a
No
Unnamed Tributary GC03
n/a
Ala
n/a
n/a
No
Unnamed Tributary GCO4
n/a
n/a
n/a
n/a
No
Unnamed Tributary GCOS
nla
n/a
Ala
n/a
No
Unnamed Tributary GC06
n/a
n/a
n/a
n/a
No
Unnamed Tributary GC07
n/a
n/a
Ala
Ala
No
Unnamed Tributary GCOB
n/a
Ala
n/a
Ala
No
Unnamed Tributary GCO9
n/a
n/a
n/a
Ala
No
Unnamed Tributary GC10
n/a
n/a
Ala
n/a
No
Unnamed Tributary GC11
n/a
Ala
n/a
Ala
No
Unnamed Tributary GC11a
n/a
n/a
Ala
Ala
No
Unnamed Tributary GC11b
n/a
n/a
AWM6.1 n/a
Ala
No
Unnamed Tributary GC11c
n/a
n/a
n/a
Ala
No
Unnamed Tributary GC11d
n/a
n/a
n/a
Ala 16.
No
Haw River
16•(1)
C;NSW
6--Impaired Biological httegrity
O=overall
ye.,
Unnamed Tributary HR01
Ala
Ala
Ala
Ala
No
Unnamed Tributary HRO1a
Ala
nla
Ala
n/a
No
Unnamed Tributary HROia-1
Ala
n/a
Ala r
Ala
No
Unnamed Tributary HR02
n/a
n/a
n/a
Ala
No
Unnamed Tributary HR03
n/a
nJa
Ala
n/a
No
Unnamed Tributary HRO4
n/a
n/a
Ala
n/a
No
Unnamed Tributary Hft05
n/a
n/a
n/a
Ala
No
Unnamed Tributary HROSa
n/a
n/a
Ala
n/a
No
Unnamed Tributary HR05b
n/a
n/a
n/a
Ala
No
Unnamed Tributary HR05c
n/a
n/a
n/a
n/a
No
Unnamed Tributary HR06
n/a
n/a
Ala
n/a
No
littieMamanteCreek
1619-11 -
C;NSW
6=tmpatred8iologicaIInte it
Al rkw"lk Idt,
v,
Unna utaryLAC01
n/aT
Ala
Ala
n/a
No
Unnamed'7ributary LAC 02
n/a
nla
n/a
n/a
No
Unnamed Tributary LAC 03
n/a
n/a
Ala
n/a
No
Unnamed Tributary LAC 04
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 05
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 06
n/a
Ala
Ala
n/a
No
Unnamed Tributary LAC 07
Ala
n/a
Ala
Ala
No
Unnamed Tributary LAC 08
n/a
n/a
Ala
Ala
No
Unnamed Tributary LAC 08a
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 08b
n/a
n/a
Ala
n/a
No
Unnamed Tributary LAC OSc
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 09
Ala
n/a
nla
n/a
No
Unnamed Tributary LAC 10
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 11
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC Ila
Ala
n/a
n/a
n/a
No
Unnamed Tributary LAC 12
Ala
n/a
n/a
n/a
No
Unnamed Tributary LAC 13
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 14
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 15
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 15a
Ala
n/a
n/a
n/a
No
Unnamed Tributary LAC 16
n/a
n/a
Ala
n/a
No
Unnamed Tributary LAC 17
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 18
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 19
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 20
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 21
n/a
n/a
n/a
n/a
No
Unnamed Tributary tAC 21a
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 22
n/a
n/a
n/a
n/a
No
Unnamed Tributary LAC 23
n/a
n/a
n/a
n/a
No
S,C,. Creck lS, �v�•, LreO
to l'��
r .NvA
Not Sampled
None
Nr,
Tributary SRC01
n/a
n/a
-qwUnnamed /a
No
Unnamed Tributary SRCO2
n/a
Ala
n/a
n/a
No
Unnamed Tributary SRC03
n/a
n/a
n/a
n/a
No
Unnamed Tributary SRC04
n/a
n/a
n/a
n/a
No
Unnamed Tributary SRC04a
n/a
n/a
n/a
Ala
No
Unnamed Tributary SRC04b
n/a
n/a
n/a
n/a
No
Unnamed Tributary SRC044-
n/a
Ala
n/a
n/a
No
Unnamed Tributary SRCOd
n/a
n/a
n/a
Ala
No
Unnamed Tributary SRC05
n/a
n/a
n/a
Ala
No
Staley Creek
l
16.15-1
C;NSW
not •an;Plea
None
Nu
Unnamed Tributary STCOI
n/a
n/a
n/a
n/a
No
Unnamed Tributary STC01a
n/a
Ala
n/a
Ala
No
Unnamed Tributary STCO2
n/a
n/a
n/a
Ala
No
Unnamed Tributary STC03
n/a
Ala
n/a
n/a
No
Unnamed Tributary STC04
nJa
Ala
n/a
Ala
No
Unnamed Tributary STC05
Olt
n/a
n/a
n/a
No
Unnamed Tributary STC06
a
n/a
n/a
Ala
No

•
•
Boards and Commissions
Board of Adjustment
Airport Authority
Community AppearanceiTree
ABC Board
Housing Commission
Housing Authority
Historic Preservation
Telecommunications
Planning & Zoning
Recreation & Parks
Traffic
City Council
Ronnie K. Wall, Mayor
David R. Huffman, Mayor Pro Tem City Attorney
James B_ Butler, Councilman Robert M. Ward
Celo 1. Faucette, Councilman
Stephen M. Ross, Councilman
Paralegal
Judy Blake
City Manager
Harold T. Owen
Cit}' of Burlington
Organization Chart
November 18. 2009
Admin. Services/
Water Planning & Recreation Public Police Chief Fnnring HR Director Fire Chief Revenue Collections
Resources Dir. Economic Dir. Works Dir. Mike Williams hew Aaron Noble Jay Smith Director
Field Bob PattersonEOpe�rations
S Development Tony Laws Nolan Kirkman Frank Hope
DirHealth Services
OperationsBob HarkraderManager r. Safety Director Admin Mgmt/ LT. Director
Michael Layne I Public Info. City Clerk Rodger Burden
Building Inspections Operations
Street Supt.
Stormwater Chief W.P. Operators Sanitation Supt. Utility Billing
P P Collections
Administrator Plants Maint. Fleet Maint. Supt.
Michael Layne Building Maint. Supt.
Cemetery Supt. Finance/Risk
Traffic Signs Mgmt. Director
W&S Traffic Signal Linda Hoilifield
Dist.
Maintenance Accounting Mgr.
Purchasing/
Accts. Payable

0
MINUTES OF THE MEETING
OF THE CITY COUNCIL OF THE
CITY OF BURLINGTON
June 19, 2007
9:00 A.M.
The City Council of the City of Burlington held a
regularly scheduled meeting in the Council Chamber, Municipal
Building, 425 South Lexington Avenue, Burlington, N. C.,
27216-1358, on June 19, 2007, at 9:00 a.m.
Mayor Stephen M. Ross presided
Councilmembers present: Mayor Ross, Councilmembers
Jones, Huffman and Starling
Counoilmembers absent: Wall
Harold Owen, City Manager, present
Robert M. Ward, City Attorney, present
Jondeen D. Terry, City Clerk, present
INVOCATION: Councilmember Don Starling
narnrwirmTnw� .
• Sports Hall of Famers - Allen White and Jack McKeon
REPORT:
• Piedmont Triad Council of Governments - Mr. Randy Billings,
Executive Director, reported that June 15, 2007, marked the
start of the 60-day public comment period that will end
August 15, 2007. He stressed the importance of attending
the Division of Water Quality (DWQ) public hearings that
are scheduled for July 12 in Carrboro and July 17 in Elon.
He explained that the Jordan Lake rules would impact how
•

residential and commercial development occurs in the
Reservoir watershed. He said the requirements would
up the cost of homes and property, increase sprawl an
possibly steer development to other regions. DWQ esti
the cost to be in excess of $12 million. Mr. Billing
that all local governments (cities and counties) in t
watershed would be required to install retrofit storm
controls on existing developed lands. Additionally,
governments must exceed NPDES Phase II permit require:
to meet nutrient loading reduction targets on new and
existing development resulting in substantial cost
increases beyond current Phase II program costs.
MINUTES
Mayor Ross called for approval of the minutes of the
City Council meeting of May 30, 2007, the work session of
2007, and June 5, 2007, City Council meeting.
Upon motion by.Councilmember Huffman, seconded by
Councilmember Starling, it was resolved unanimously to app.
the minutes of the meetings held on May 30, June 4, and Ju:
2007.
ADD -ON: Set date of public hearing - July 17, 2007 - Econ,
Development Incentive Agreement
ADOPTION OF AGENDA
Upon motion by Councilmember Huffman, seconded by
Councilmember Starling, it was resolved unanimously to
add the above -referenced item to the agenda.
Upon motion by Councilmember Huffman, seconded by
Councilmember Jones, it was resolved unanimously to
adopt the agenda as amended.
CONSENT AGENDA:
1.(A) To adopt a resolution authorizing the sale of certaii
surplus real property at a private sale at a negotia-
price to Habitat for Humanity of Alamance County, No:
Carolina. The property is identified by ACTM 62-270
24, 33A, 33, 34 and 26, that was acquired with CDBG
as part of the Rauhut Street Revitalization Project.
2

•
07-14
NOTICE OF INTENT BY THE CITY COUNCIL OF THE CITY OF
BURLINGTON, NORTH CAROLINA, PURSUANT TO NORTH CAROLINA GENERAL
STATUTE 160A-279, TO ADOPT A RESOLUTION AUTHORIZING THE SALE
OF CERTAIN SURPLUS REAL PROPERTY AT A PRIVATE SALE AT A
NEGOTIATED PRICE TO HABITAT FOR HUMANITY OF ALAMANCE COUNTY,
NORTH CAROLINA
WHEREAS, the City of Burlington, North Carolina, acquired
certain real property as shown on Alamance County Tax Map 62-
270, Lots 24, 33A, 33, 34 and 26, with Community Development
Block Grant Funds as part of the Rauhvt Street Revitalization
Project; and,
WHEREAS, the above -described property was not obtained
through the eminent domain process by the City of Burlington;
and,
WHEREAS, the City Council of the City of Burlington has
determined that said property is surplus real property and no
longer needed; and,
WHEREAS, the City Council of the City of Burlington desires
to convey at a private sale at a negotiated price the above -
described real property to Habitat for Humanity of Alamance
County, NC, a non-profit corporation organized under the laws
of the State of North Carolina; and,
WHEREAS, Habitat for Humanity of Alamance County will
construct single-family residential homes on the above -
described property for qualified low-income homebuyers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BURLINGTON:
Section 1: That the appropriate official of the City of
Burlington is hereby authorized by the City Council of the
City of Burlington to sell at a private sale at a negotiated
price that real property as shown on Alamance County Tax Map
62-270, hots 24, 33A, 33, 34 and 26.
Section 2: That the above -described real property shall be
conveyed to Habitat for Humanity of Alamance County, NC, to be
developed for public use at a private sale at a negotiated
price to develop single-family residential homes for low-
income qualified homebuyers.
3
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u

Section 3: That the City of Burlington, upon confirmati
this sale, shall convey by.Quitclaim Deed all of its ri
title and interest in and to said property, and said prc
shall be conveyed subject to restrictive covenants anc
existing rights -of -way and utility and/or other eases
outstanding liens, judgments and any and all other exi
encumbrances.
Section 4: That this sale shall be conducted in accor
with North Carolina General Statute 16OA-279.
Section 5: That this Notice of Intent is adopted this t]
day of June 2007.
(B) To approve the Community Housing Development Organiz
(CHDO) Agreement between the City of Burlington and
County Community Services Agency, Inc., for the 2007
fiscal year.
(C) To approve the Residential Treatment Services Hall A
Renovations Agreement between the City of Burlington
Residential Treatment Services of Alamance, Inc. Th
Annual Action Plan included the City's proposed prov
of $80,000 of Community Development Block Grant (CDB
funds to assist with the planned renovations of the
Avenue Facility, a treatment and transitional housin
center £or_substance abusers and the mentally ill.
(D) To approve an agreement for MPO services with Mobili
Solutions Unlimited, LLC. Under this agreement, Mobi
Solutions will provide specialized transportation pl
services to the Burlington -Graham MPO.
(E) To temporarily close Trollinger Street from Plaid St
Kivett Street on July 21, 2007, from 9:00 a.m. to 5:
(F) To consider disposition and disposal of the attached
of plans in the Inspections Division. This request i
pursuant to the North Carolina General Statutes rega
the retention and disposition of municipal records.
(G) Budget Amendment - HA2OO7-37 - Final Budget imendmen
Funds
BA2007-37
4

0
•
0
General Fund
Increase Revenues:
010-32125-0000 Ala County Fuel Purchases $ 227,000
010-32115-0000 Sales Tax - Local Option 500,000
010-33407-6260 Senior Programs/Donations 31,083
010-34118-0000 Monopole Rentals 125,000
010-36100-0000 Interest. on Investments 250,000
010-34148-4920 Building Permits 66,539
Increase Exoenditures:
City Council
010-41411-5300
Dues 6 Subscriptions
$ 6,000
City Manager
010-41421-3300
Departmental Supplies
5,000
010-42421-5300
Dues & Subscriptions
5,000
010-42421-7400
Equipment
5,000
Engineering
010-43493-0300
Personnel Services - O/T
5,000
010-43493-0400
Personnel Services - P/T
25,000
Traffic
010-43494-1900
Professional Services
45,000
Information Technolo _
010-46470-7400
Equipment
25,000
General Administration
010-50502-1400
Educ.Incentive/Staff Trng
25,000
010-50502-2600
Legal Notices
20,000
010-50502-9100
Operating Transfers Out
50,939
Police
010-51511-0300
Personnel Services - O/T
125,000
010-51512-1001
Separation Allowance
30,000
010-51515-6003
Junior Police Academy
15,000
010-51519-7400
Equipment
4,600
010-51522-1900
Professional Services
40,000
010-51522-4500
Contracted Services
15,000
Public Works
Equipment Maintenance
010-55554-4800
Purchases for Resale
400,000
5

Municipal Building
010-55558-1300
Utilities
30,000
May Memorial LibraL
010-55559-7200
Buildings
15,000
Cemetery
010-57571-0200
Personnel Services
10,000
Sanitation
010-58581-0400
Personnel Services - P/T
20,000
010-58581-3100
Automotive Expense
5,000
010-58583-4509
Recycling Collection Fee
85,000
Recreation
010-62623-1300
Utilities
30,000
010-62623-4500
Contracted Services
30,000
010-62625-1500
Maint & Rep-Bldgs & Grnds
30,000
010-62626-6011
Special Programs/Trips
31,083
010-62626-7200
Buildings
27,000
010-62630-4800
Purchases for Resale
25,000
010-62634-1500
Maint & Rep-Bldgs & Grnds
5,000
Water & Sewer Fund
Increase Revenues:
030-31200-0004 Donations - Lake Programs $ 4,205
030-39398-0000 Appropriated Fund Balance 280,000
Increase Expenditures:
Customer Service
030-66663-4517
Fee for Greensboro Sewer
$ 70,000
Sewer Lines Maintenance & Repairs
030-73703-3100
Automotive Expenses
30,000
South Burlington
Wastewater Treatment Plant
030-85805-3309
Chemicals
50,000
030-85805-4500
Contracted Services
70,000
East Burlington
Wastewater Treatment Plant
030-86806-4500
Contracted Services
15,000
Laboratories
030-87807-1600
Maint & Repairs - Equipmt
5,000
Lakes & Marinas
6

E.]
030-90811-1300 utilities 40,000
030-90811-6011 Special Lake Programs 4,205
Capital Project Funds
Increase Revenues:
Capital Reserve Fund
015-39398-0000 Appropriated Fund Balance
$ 35,450
Building Renovations
665-38000-0000 Operating Transfers In
23,150
Streetscape Capital_Project
427-38000-0000 Operating Transfers In
4,000
Springwood Park Recreation Project
449-38000-0015 Operating Transfers In
8,300
Governor's Highway Safety Grant Project
523-39398-0000 Appropriated Fund Balance
23,000
Domestic Violence Grant
522-38390-0000 Operating Transfers In
26,000
Water & Sewer Future Growth Projects
669-38000-0000 Operating Transfers In
584,000
Increase Ex enditures:
Ca ital Reserve Fund
015-70700-9100 Operating Transfers out
$ 35,450
Building Renovations
665-38000-0000 Operating Transfers In
23,150
Streetscape Capital Project
427-40000-0000 Professional Services
4,000
Springwood Park Recreation Project
449-60000-7300 Capital -other Improvmts
8,300
Governor's Highway Safetr�Grant Project
523-40000-0200 Personnel Services
23,000
Domestic Violence Grant
522-40000-0200 Personnel Services
26,000
Water & Sewer Future Growth Projects
669-60550-7300 Construction
584,000
7
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(H) To set a date of public hearing for July 17, 2007, at
7:30 PM to consider an Economic Development Incentive
Agreement.
Councilmember Jones inquired about consent agenda Item F.
He asked if the City gave individuals an opportunity to pick up
the plans before they were destroyed, and Planning Director
Harkrader replied that the records were destroyed in accordance
with state statutes and that the individuals were not notified.
City Manager Owen asked if the individuals would have a
copy of the plans, and Chief Inspector Ray Rice replied they
should have a copy because after the plans were reviewed, a
copy was given back to the individual or contractor.
Councilmember Jones suggested that as a courtesy it would
be good to let individuals know that the records would be
destroyed a year from the date of the application and that they
could have them at that time.
Mr. Harkrader stated that a note would be added to the
permit application informing the petitioners of that
information.
Councilmember Jones asked if the petitioner that requested
to temporarily close Trollinger Street (consent agenda Item E)
had notified the business that would be affected.
City Clerk Terry replied that the petitioner was not
present and she did not know if he had contacted the businesses
on Trollinger Street.
Upon motion by Councilmember Huffman, seconded by
Councilmember Jones, it was resolved unanimously to approve
the foregoing consent agenda with the exception of consent
agenda Item E.
Upon motion by Councilmember Huffman, seconded by
Councilmember Jones, it was resolved unanimously to continue
consent agenda Item E to the July 17, 2007, City Council
meeting to allow time for the petitioner to contact the
businesses affected by the temporary street closing on
Trollinger Street.
8

•
PUBLIC HEARINGS:
ITEM 2: AMEND CONDITIONAL BUSINESS_ REZONING - CRENSHAW
PROPERTIES LLC
Mayor Ross announced that a public hearing had been
scheduled to consider amending a Conditional Business rezoning
for Burlington Nissan -Hyundai approved by City Council
December 19, 2006. The request is to allow an increase in the
building size from 13,500 square feet to 22,500 square feet
and to change the name of the dealership from Burlington
Hyundai to Carolina Nissan. The property is located on the
north side of Huffman Mill Road south of Whitesell Drive
approximately 1,300 feet southwest of Kirkpatrick Road and
being as shown on Alamance County Tax Map 3-22, a portion of
Lots 22 and 51.
Mr. Charles Bateman, representing the Crenshaw family who
owns the dealership, stated that when the applicant began the
design of the new facility, it was decided to move the Nissan
dealership to the proposed Huffman Mill Road location and move
the Hyundai franchise to the current Nissan location. He
stated that the anticipated traffic would be relatively the
same and that it would create no additional burden on the
neighborhood. He pointed out that there would be 20-foot
buffers on each side across the northern border, state-of-the-
art box lighting to prevent lighting from infiltrating onto
adjacent,_pxoperties, and no exterior paging. He stated --thy
total uses would be automobile sales, new and used and
accessory sales and auto service and repair when conducted
completely within an enclosed building. He stated that this
matter received the unanimous approval of the Planning and
Zoning Commission, He introduced Mr. Charles Crenshaw.
Counoilmember Jones asked about a body shop, and Mr.
Bateman stated there would be no body shop. .
Mr. Bateman offered that as an additional condition.
Mr. Worth Whitesell, 1844 St. Mark's Church Road,
expressed concern about water control and the lack of a
retention pond.
Davelopment and Technical Services Director Jim Lauritsen
stated that he would contact Mr. Whitesell and address his
concerns.
9
0

Mr. Bateman stated all impervious surfaces would be
handled in strict accordance with existing rules and
regulations.
Upon motion by Councilmember Huffman, seconded by
Councilmember Jones, it was resolved unanimously to close the
public hearing.
Councilmember Huffman moved the adoption of the following
ordinance (including the additional restriction that there
would be no body shop allowed):
07-21
ORDINANCE TO AMEND CONDITIONAL BUSINESS REZONING ON HUFF'MAN
MILL ROAD (Crenshaw Properties)
BE IT ORDAINED by the City Council of the City of
Burlington, North Carolina:
Section 1.That Crenshaw Properties has requested that the
Development Conditions previously approved by the Burlington
City Council on December 5, 2006, for property located on the
north side of Huffman Mill Road south of whitesell Drive
approximately 1,300 feet southwest of Kirkpatrick Road as
shown on Alamance County Tax Map 3-22, a portion of Lots 22
and 51, be amended as follows:
1) The size of the building shall be increased from 13,500
square feet to 22,500 square feet_
2) The name of the dealership shall be changed from Burlington
Hyundai to Carolina Nissan.
3) The dealership shall not include a body shop.
Section 2. That the amendment to the Conditional Business
zoning allowing the change in Development Conditions is hereby
authorized subject to the property complying with all
previously approved Use and Development Conditions.
Section 3. This property will be perpetually bound to the uses
authorized and subject to such conditions as imposed including
site plans and other submissions, unless subsequently changed
or amended as provided for in the City of Burlington Zoning
Ordinance.
10

•
Section 4. Any violations or failure to accept any conditions
and use limitations imposed herein shall be subject to the
remedies provided in the City of Burlington Code of Ordinances
and Zoning Ordinance.
Section 5. That all ordinances or parts of ordinances
inconsistent or in conflict with this ordinance are hereby
repealed.
Section 6. That this ordinance shall take effect upon passage.
The foregoing ordinance was seconded by Councilmember
Jones, and after full discussion, the same was voted upon and
declared duly adopted, no amendments having been offered and
consent having been given to place the same upon its immediate
passage. Councilmembers voting in favor of the motion to
adopt the foregoing ordinance were Ross, Jones, Huffman and
Starling.
ITEM 3: AMEND CONDITIONAL REZONING - POWELL MANOR, LLC
Mayor Ross announced that a public hearing had been
scheduled to consider amending a Conditional Office -
Institutional rezoning for a conference center, Powell Manor,
LLC, approved by City Council September 19, 2006. The request
is to allow the structure to be used also as a bed and
breakfast; to remove th®-proposed ten -foot fence; and to
eliminate the proposed improvements to be made to warren
Place. The property is located on the northeast corner of
York Road and Warren Place as shown on Alamance County Tax Map
3-11, Lots 5 and 5B.
Mr. T. M. Knowles, landscape architect with Borum, Wade
and Associates, PA, representing Dr. Beth Powell, requested to
move the commercial kitchen to the carriage house on the
premises and to widen the existing driveway across the front
to give the two entrances that exist two-way traffic, and to
eliminate the use of Warren Place for a parking lot. He
stated that Dr. James Powell had signed an agreement for the
use of adjoining property to the north for overflow parking.
Councilmember Huffman referred to a letter (copy below)
from Dr. James Powell dated June 4, 2007, to Planning Director
Harkrader concerning overflow parking and garbage bins. He
asked how Dr. Powell's letter impacted the proposed plan,
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�rraFeRY s not'. a lbi� Fens vurur 'of n n5 1tjR F S
Et1v45u pe%title',io Beth is io,crrmipo to rs a ss'g¢rbow b n rA%, i rnc1 iuraS o�wr hrr f i
own'Propett} bN allcrrtrg some aF }ie plans that s!e hat'd grin
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41
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Mr. Borum replied that on the previous site plan an area
had been designated for a service pathway to the back of the
carriage house where the caterers would have delivered;
however, he explained that the final site plan has the service
drive entering into Beth Powell's property on the northeast
corner with the service drive accessing the back of the
carriage house and with the turn around as required by the
City of Burlington. He stated the service drive will be for
the occasional use of the catering trucks to get back to the
carriage house and will not have any parking. He pointed out
12

•
that another change was that an electronic transformer has
been moved so that it could be accessed from Warren Place.
Councilmember Huffman asked if the latest plan met the
approval of the Technical Review Committee.
Planning Director Harkrader replied that the final plan
had the approval of the Technical Review Committee,
Councilmember Jones pointed out that Councilmembers were
being asked to vote on something that was not in the packet
and that was not a good policy to have, and Mr. Harkrader said
that the request had changed.
Mr. Borum stated that if overflow parking was needed, a
shuttle could be provided to and from the Carolina Biological
Supply parking lot on York Road since it would be closed on
weekends.
Mr. Harkrader stated that staff was okay with the present
site plan. He pointed out that the proposed plan does provide
for overflow parking.
Mr. Borum pointed out that the previously approved site
plan had the same 100-car parking lot, that it had not changed
whatsoever and that the lease signed by Dr. James Powell had
not changed.
Councilmember Huffman suggested that_�omething be in the
record to say that overflow parking would be provided via a
shuttle service from Carolina Biological Supply.
Mr. Knowles reviewed the other changes in the site plan
which included removing the requirement for a fence, removing
the condition of extending the pavement of Warren Place
because the parking lot will not be added, add wording of
conference center and on -site bed and breakfast, and slight
changes to lawn areas and the sidewalk layout.
Councilmember Huffman asked for a written agreement or
contract concerning overflow parking with Carolina Biological
supply.
Dr. Beth Powell stated that parking is a service that
could be provided by paying rent to a church or another space
within a reasonable driving radius if the space at Carolina
Biological Supply was not available.
13
0

Upon motion by Councilmember Starling, seconded by
Councilmember Jones, it was resolved unanimously to close the
public hearing.
Councilmember Huffman moved the adoption of the following
ordinance (including the note on the plan concerning shuttle
service to off -site parking):
07-22
ORDINANCE TO AMEND CONDITIONAL OFFICE -INSTITUTIONAL REZONING
ON YORK ROAD AND WARREN PLACE
BE IT ORDAINED by the City Council of the City of
Burlington, North Carolina:
Section 1. That Dr, Beth Powell has requested that the Use and
Development Conditions previously approved for Powell Manor,
LLC, located on the northeast corner of York Road and Warren
Place as shown on Alamance County Tax Map 3-11, Lots 5 and 5B,
be amended as follows:
Use Condition
That the property shall be used also as a bed and breakfast.
Development Conditions
1)�That the proposed ten -foot fence be eliminated from the
design.
2) That warren Place shall not be improved because the parking
lot has been eliminated from the site plan.
Section 2. That the amendment to the Conditional Office -
Institutional District allowing the changes in Use and
Development Conditions are hereby authorized subject to the
property complying with all previously approved Use and'
Development Conditions.
Section 3. This property will be perpetually bound to the uses
authorized and subject to such conditions as imposed including
site plans and other submissions, unless subsequently changed
or amended as provided for in the City of Burlington Zoning
Ordinance.
14

•
Section 4. Any violations or failure to accept any conditions
and use limitations imposed herein shall be subject to the
remedies provided in the City of Burlington Code of Ordinances
and Zoning Ordinance. .
Section S. That all ordinances or parts of ordinances
inconsistent or in conflict with this ordinance are hereby
repealed.
Section 5. That this ordinance shall take effect upon passage.
The foregoing ordinance was seconded by Councilmember
Starling, and after full discussion, the same was voted upon
and declared duly adopted, no amendments having been offered
and consent having been given to place the same upon its
immediate passage. Councilmembers voting in favor of the
motion to adopt the foregoing ordinance were Ross, Jones,
Huffman and Starling.
ITEM 4: AMEND CONDITIONAL BUSINESS REZONING - ALAMANCE
CROSSING
Mayor announced that a public hearing had been scheduled
to consider amending a Conditional Business rezoning for
Alamance Crossing approved by City Council April 20, 2004.
The request is to modify the size of the project pylon signs.
The property is located east of University Drive, south of
Garden Road, west of Westview Terrace and south, east and west
of St. Mapk's Church Road as shown on Alamance County Tax -Map
3-24, portions of Lots 11, 27 and 33.
Upon motion by Councilmember Huffman, seconded by
Councilmember Starling, it was resolved unanimously to allow
Counci.lmember Jones to recuse himself from consideration on
this item due to his law partner being involved.
Mr. Lawson Brown, representing CBL and Associates,
Alamance Crossing LLC introduced Ms. Cindy Henry, Boston, MA,
with CBL and Associates.He reminded the City Council that it
had previously approved a large pylon sign of 75 feet in
height and that the request today was for 55 feet. He stated
that it has the approval of the staff and the unanimous
recommendation of the Planning and Zoning Commission. He
pointed out that there would be two additional pylon sign; 25
feet in height.
15
0

Upon motion by Councilmember Huffman, seconded by
Councilmember Starling, it was resolved unanimously to close
the public hearing.
Councilmember Huffman moved the adoption of the following
ordinance:
07-23
ORDINANCE TO AMEND CONDITIONAL BUSINESS REZONING - ALAMANCE
CROSSING
BE IT ORDAINED by the City Council of the City of
Burlington, North Carolina:
Section I. That CBL and Associates and Alamance Crossing have
requested that the Development Conditions previously approved
by the Burlington City Council on April 24, 2004, and amended
June 7, 2005, July 16, 2005, April 18, 2006, May 20, 2006,
July 20, 2006, August 1, 2006, September 5, 2006, and April
17, 2007, be amended on property located south of Garden Road,
east of University Drive and south, east and west of St.
Mark's Church Road as shown on Alamance County Tax Map 3-24,
portions of Lots 11, 27 and 33, as follows:
Development Condition
To allow modification in the size of the pylon signs as shown
on a submitted site plan.
Section 2. That the amendment to the Conditional Business
District allowing the addition in Development Conditions is
hereby authorized subject to the property complying with all
previously approved Use and Development Conditions.
Section 3. This property will be perpetually bound to the uses
authorized and subject to such conditions as imposed including
site plans and other submissions, unless subsequently changed
or amended as provided for in the City of Burlington Zoning
Ordinance.
Section 4. Any violations or failure to accept any conditions
and use limitations imposed herein shall be subject to the
remedies provided in the City of Burlington Code of Ordinances
and Zoning Ordinance.
I.7

Section S. That all. Ordinances or parts of ordinances
inconsistent or in conflict with this ordinance are hereby
repealed.
Section 6. That this ordinance shall take effect upon passage.
The foregoing ordinance was seconded by Councilmember
Starling, and after full discussion, the same was voted upon
and declared duly adopted, no amendments having been offered
and consent having been given to place the same upon its
immediate passage. Councilmembers voting in favor of the
motion to adopt the foregoing ordinance were Ross, Huffman and
Starling. Councilmember Jones abstained.
ITEM 5: REZONE PROPERTY - SOUTH CHURCH STREET AND SHADOWBROOK
DRIVE - CONSTRUCTION OF WALGREEN'S DRUG STORE
Mayor Ross announced that a public hearing had been
scheduled to consider rezoning from 8-2, General Business
District, and R--15, Residential District, to CB, Conditional
Business District, to allow for all uses permitted in B-2
zoning excluding the following: adult bookstores, adult video
stores, adult cabarets and adult motels. The property is
located on the northeast corner of South Church Street and
Shadowbrook Drive as shown on Alamance County Tax Map 12-17,
Lots 98C, 98D, 187 and 188.
Mr. Beau Rodenbough,. torney with Brooks, Pierce,
McLendon, Humphrey s Leonard, LLP, appeared on behalf of the
owner applicants and the developer, Belleau Wood Development,
LLC. He introduced Mr. Tim Jennings, Stimmel Associates, who
is the engineer for the project, and Mr. Ed Tam, Belleau Wood
Development, Mr. Rodenbough stated that four properties were
being considered to be rezoned, two commercial buildings and
two residential sites, for the purpose of building a 14,500
square foot Walgreen's Drug Store. He stated the proposal
would reduce the driveway entrances onto South Church Street
and Shadowbrook from nine to two. He stated that the
proposed development includes a substantial landscaping and
buffering package. He stated that he had met with the
adjoining property owners to the rear, addressed their
concerns, and that they Support the rezoning.
Ms. Debbie Hall stated that she and the McKinney family
were in agreement with the proposal.
17

Upon motion by Councilmember Jones, seconded by
Councilmember Starling, it was resolved unanimously to close
the public hearing.
Councilmember Starling moved the adoption of the
following ordinance:
07-24
ORDINANCE TO REZONE PROPERTY AT CORNER OF SOUTH CHURCH STREET
AND SHADOWBROOK DRIVE FOR WALGREEN'S DRUG STOKE
BE 1T ORDAINED by the City Council of the City of
Burlington, North Carolina:
Section 1. That the official zoning map, an element of the
Burlington Zoning Ordinance, and the Comprehensive Land Use
Plan are hereby amended by rezoning from B-2, General Business
District, and R-15, Residential District, to CB, Conditional
Business District, subject to those conditional uses with
limitations as set forth in Sections 2, 3 and 4 of this
ordinance the area described as follows:
Property located on the northeast corner of South Church
Street and Shadowbrook Drive and being as shown on Alamance
County Tax Map 12-17, Lots 98C, 98D, 187 and 188.
Section 2. That the rezoning from B-2 and R--15 to CB is hereby
authorized subject to the following Use and ' Development
Conditions:
Use Conditions
All uses permitted in B-2, General Business District,
excluding the following: adult bookstores, adult video stores,
adult cabaret and adult motels.
Development Conditions
1) Signage shall meet B-2 minimum standards.
2) Landscaping shall meet City of Burlington Zoning Ordinance
requirements for B-2 zoning.
3) Driveways shall comply with NCDOT and City of Burlington
requirements.
18

•
4) All conditions shall adhere to those submitted in the
plan.
Section 3. This property will be perpetually bound to the
authorized and subject to such conditions as imposed inclu
site plans and other submissions, unless subsequently cha
or amended as provided for in the City of Burlington Zc
Ordinance.
Section 4. Any violations or
and use limitations imposed
remedies provided in the City
and Zoning Ordinance.
failure to accept any condit
herein shall be subject to
of Burlington Code of Ordina
Section 5. That all ordinances or parts of ordina
inconsistent or in conflict with this ordinance are he
repealed.
Section 6. That this ordinance shall take effect upon passa
The foregoing ordinance was seconded by Councilmember
Huffman, and after full discussion, the same was voted upon
and declared duly adopted, no amendments having been offere
e and consent having been given to place the same upon its
immediate passage. Councilmembers voting in favor of the
motion to adopt the foregoing ordinance were Ross, Jones,
Huffman and Starling.
ITEM 6; APPROVAL OF STORMWATER ORDINANCE
Mayor Ross announced that a public heaving had been
scheduled to consider approval of a Stormwater Ordinance.
Public Works Director Cary Hicks stated that the publi
hearing was part of the City's NPDES stormwater permit that
granted to the City by the North Carolina department of
Environment and Natural Resources (DENR) two years ago. He
explained that part of that permit requirement was to have
construction and illicit discharge and detection ordinance.
stated that DENR had preliminarily approved the draft ordin
He explained that after the City-Council's approval, the or
would be submitted to DENR for its final approval. Mr. Hic
introduced Mr. Bob Patterson, the City's Stormwater Manager
19
•

Upon motion by Councilmember Huffman, seconded by
Councilmember Starling, it was resolved unanimously to close
the public hearing.
Councilmember Huffman moved the adoption of the following
ordinance:
07-25
CITY OF BURI,INGTON STORMWATER
ORDINANCE
REV 05/31/2007
Table of Contents
SECTION 1: GENERAL PROVISIONS ............................................................................24
1-101
Title.....................................................................................................24
1-102
Authority.............................................................................................24
1-103
Findings..............................................................................................24
1-104
Purpose.................................................................................................25
(A)
General.....................................................................................................25
(B)
Specific...................................................................................................25
1-105
Applicability and Jurisdiction...........................................27
(A)
General....................................................................................................27
(B)
Exemptions.............................................................................................27
(C)
No Development or Redevelopment Until Compliance and
Permit..................................................................................................................
27
(D)
Map.............................................................................................................28
1-10 6
Interpretation................................................................................
28
(A)
Meaning and Intent...........................................................................28
(B)
Text Controls in Event of Conflict......................................28
(C)
Authority for Interpretation....................................................28
(D)
References to Statutes, Regulations, and Documents.29
(E)
Computation of Time.........................................................................29
(F)
Delegation of Authority...............................................................29
(G)
Usage.........................................................................................................29
(H)
Measurement and Computation......................................................30
1-107
Design Manual..................................................................................30
(A)
Reference to Design Manual........................................................30
20

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(B)
Relationship of Design Manual to Other Laws and
Regulations......................................................................................................30
(C)
Changes to Standards and Specifications ..........................30
(D)
Amendments to Design Manual......................................................31
1-108
Relationship to Other Laws, Regulations and Private
Agreements.............................................................................................................31
(A)
Conflict of Laws...............................................................................31
(B)
Private Agreements...........................................................................31
1-109
Severability.....................................................................................32
1-110
Effective Date and Transitional Provisions................32
(A)
Effective Date....................................................................................32
(B)
Final Approvals, Complete Applications .............................32
(C)
Violations Continue........................................................................33
SECTION2: ADMINISTRATION AND PROCEDURES ................................................33
2-201
Review and Decision -Making Entities................................33
(A)
Stormwater Administrator ....................... ......................................
33
2-202
Review Procedures.........................................................................34
(A)
Permit Required; Must Apply for Permit .............................34
(B)
Effect of Permit...............................................................................34
(C)
Authority to File Applications...............................................34
(D)
andFees
Establishment of Application Requirements, Schedule,
.............................................................................................................34
(E)
Submittal of Complete Application........................................35
(F)
Review......................................................................................................36
2-203
Applications for Approval.......................................................37
(A)
Concept Plan and Consultation Meeting...............................37
(B)
`T_-chnical Review Committee Submittal and ApprovaYJ39
(C)
Stormwater Management Permit Application ........................39
(D)
Other Permits......................................................................................39
2-204
Approvals............................................................................................40
(A)
Effect of Approval...........................................................................40
(B)
Time Limit/Expiration....................................................................40
2-205
Appeals................................................................................................40
(A)
Right of Appeal..................................................................................40
2-206
Design Professional's Certificate of Compliance,
As -Built Plans and Final Approval........................................................41
SiECTION3. STANDARDS...............................................................................................42
3-301
General Standards.........................................................................42
3-302
Development Standards for Low -Density Projects ......
42
3-303
Development standards for High -Density Projects....43
3-304
Undisturbed Buffer.......................................................................45
(A)
Huffer Width general., ............................. ......................................
45
(B)
Buffer Width - water supply watershed...............................45
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(C)
Exceptions to the Undisturbed Buffer Rules ...................45
3-305
Standards for Stormwater Control Measures..................45
(A)
Evaluation According to Contents of Design Manual ...
45
(B)
Determination of Adequacy; Presumptions and
Alternatives....................................................................................................46
(C)
Separation from Seasonal High Water Table......................46
3-306
Dedication of BMPS, Facilities 6 Improvements .........
46
3-307
Variances............................................................................................46
(A)
Variance Request...............................................................................46
(S)
Conditions of Variance..................................................................47
(C)
Statutory Exceptions......................................................................47
3-308
Additional standards for special situations.............48
(A)
Animal Waste. .................................................. .....................................
49
(B)
Nutrient Sensitive Waters...........................................................49
(C)
Nutrient Application Management Program ..........................49
(0)
Nutrient Management Training....................................................51
(E)
Nutrient Management Plans...........................................................52
3-309
Onsite wastewater.........................................................................54
On -Site
Wastewater System Permit......................................................54
(B)
Standards for Operation and Maintenance ..........................54
SECTION 4:
MAINTENANCE.........................................................................................
54
4-401
General Standards for Maintenance....................................54
(A)
Function of BMPs As Intended....................................................54
(B)
Annual Maintenance Inspection and Report ........................55
4-402
Operation and Maintenance Agreement................................56
(A)
In General.............................................................................................56
(B)
Special Requirement for Homeowners' and Other
Associations....................................................................................................56
4-403
Inspection Program.......................................................................59
4-404
Performance Security for Installation and
Maintenance..........................................................................................................59
(A)
May Be Required..................................................................................59
(B)
Amount......................................................................................................60
(C)
Uses of Performance Security....................................................60
4-405
Notice to owners............................................................................61
(A)
Deed Recordation and Indications On Plat........................61
(B)
Signage....................................................................................................61
4-406
Records of Installation and Maintenance Activities
62
4-407
Nuisance..............................................................................................62
4-408
Maintenance Easement..................................................................62
4-409
Existing Structural BMPs.........................................................62
SUCTION 5: ENFORCEMENT AND VIOLATIONS....................................................... 62
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5-501
General. ........................................................................... - ......... ........
62
(A)
Authority to Enforce......................................................................62
(B)
Violation Unlawful................................................................:..........63
(C)
Each Day a Separate Offense ........................................... ........63
(D)
Responsible Persons/Entities ....................................................63
5-502
Remedies and Penalties..............................................................64
(A)
Remedies..................................................................................................64
(B)
Civil Penalties..................................................................................65
(C)
Criminal Penalties...........................................................................66
5-503
Procedures.........................................................................................66
(A)
Initiation/Complaint......................................................................66
(B)
Inspection.............................................................................................66
(C)
Notice of Violation and Order to Correct ........................66
(D)
Extension of Time...........................................................................67
(E)
Enforcement After Time to Correct........................................67
(P)
Emergency Enforcement....................................................................67
SECTION 6: DEFINITIONS............................................................................................
68
6-601 Terms Defined..................................................................................68
BestManagement Practice (BMP)......................................................68
Built -upon area (BUA) ...........................................................................68
CleanWater Act.........................................................................................68
Common Plan of Development................................................................68
Consultant.....................................................................................................69
Department.....................................................................................................69
Design Manual..............................................................................................69
Development.....................................................................................
69
Director........................*..........................................................................
69
Divisionor DWQ.........................................................................................69
EMC.................................................................................................................0...
69
GrabSample...................................................................................................69
HazardousSubstance................................................................................70
High -density project..............................................................................70
IllicitDischarge.....................................................................................70
IndustrialActivity....................................................................... .......70
Low -density project...........................................................................:70
Municipal Separate Storm Sewer System (MS4) .........................70
Non-structural RMP..................................................................................71
1-year, 24-hour storm............................................................................71
Outf al l............................................................................................................ 71
Owner................................................................................................................72
Point Source Discharge Of Stormwater.........................................72
Redevelopment.............................................................................................. 72
StormwaterRunoff.....................................................................................72
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StructuralBMP............................................................... ............................ .72
Substantialprogress..............................................................................73
ToxicPollutant.........................................................................................73
SECTION7. Illicit Discharges..........................................................................................
73
7-701
Illicit Discharges and Connections..................................73
(A)
Illicit Discharges...........................................................................73
(B)
Illicit Connections........................................................................74
(C)
Spills......................................................................................................75
(D)
Industrial or Construction Activity Discharges ..........
76
(E)
Right of Entry, Inspection, Sampling, and Testing...76
(F)
Enforcement...........................................................................................76
(G)
Violations Deemed a Public Nuisance....................................77
SECTION 1: GENERAL PROVISIONS
1-101 Title
This ordinance shall be officially known as "The City of
Burlington Stormwater Ordinance." It is referred to herein as
"this ordinance."
1-102 Authority
The Burlington City Council is authorized to adopt this
ordinance pursuant to North Carolina —law, including but not
limited to Article 14, Section 5 of the Constitution of North
Carolina; the Charter of the City of Burlington; North
Carolina General Statutes 143-214.7 and rules promulgated by
the Environmental Management Commission thereunder; Session
Law 2004-163, Session Law 2006-246; Chapter 160A, §§ 174, 185.
1-103 Findings
It is hereby determined that:
➢evelopment 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
24

n
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 IT requirements, compel certain urbanized areas,
including this jurisdiction, to adopt the minimum stormwater
controls such as those included in this ordinance.
Therefore, the City Council of the City of Burlington
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.
1-104 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 as well as illicit discharges into
municipal separate stormwater systems. 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 now development and .redevelopment
maintain the pre -development hydrologic response in
their post -development state as nearly as
25
11

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 inspection of
approved projects, and to assure appropriate long--
term maintenance;
(8) Coordinating site design plans that include open
space and natural areas with City of Burlington open
space and natural area protection plans, policies or
ordinances;
(9) Controlling illicit discharges into the municipal
separate stormwater system;
(10) Controlling erosion and sedimentation from
construction activities per the City of Burlington
Code of Crdinances Chapter 31.5 - $oil Erosion and
Sedimentation Control;
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(11) Assigning responsibility and processes for
approving the creation and maintenance of adequate
drainage and flood damage prevention measures per
the City of Burlington Code of Ordinance Appendix B
- Flood Damage Prevention Ordinance.
1-105 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, subdivision
applications, and land disturbing activity
applications, unless exempt pursuant to Subsection
(B) of this Section, Exemptions.
(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
27
•

occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within
the areas designated on the map titled "Phase II
Stormwater Map of City of Burlington, North
Carolina" ("the Stormwater Map"), which is being
prepared at the time of adoption of this ordinance
and shall be presented for adoption at the time of
completion. The 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
stx-uctural 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.
1-106 Interpretation
(A) Meaningand Intent
All provisions, terms, phrases, and expressions
contained =xn this ordinance shall be construed
according to the general and specific purposes set
forth in Section 104, Purpose. If a different or
more specific meaning is given for a term defined
elsewhere in the Code of Ordinances of the City of
Burlington, North Carolina, 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
28

•
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 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.
(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 City of Burlington, the deadline or
required date of action shall be the next day that
is not a Saturday, Sunday or holiday observed by the
City of Burlington. 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 Stormwa�r Administrator of the City of
Burlington 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 and events apply. The word
"or" indicates that one or more of the connected
items, conditions, provisions or events apply.
29
0

(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.
1-107 Design Manual
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy,
criteria, and information, including technical
specifications and standards, in the Design Manual
as the basis for decisions about stormwater permits
and about the design, implementation and performance
of structural and non-structural Stormwater BMus.
The Design Manual includes a list of acceptable
stormwater treatment practices, including 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 Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the 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 Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines,
policies, criteria, or other information in the
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
30

reviewing the application and in implementing this
ordinance with regard to the application.
(D) Amendments to Design Manual
The Design Manual may be updated and expanded from
time to time, based on advancements in technology
and engineering, improved knowledge of local
conditions, or local monitoring or maintenance
experience.
Prior to amending or updating the Design Manual,
proposed changes shall be generally publicized and
made available for review, and an opportunity for
comment by interested persons shall be provided.
1-108 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, rude, 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
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 City of Burlington
be obligated to enforce the provisions of any
easements, covenants, or agreements between private
parties.
is

1-109 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.
1-110 Effective Date and Transitional
Provisions
(A) Effective Bate
This Ordinance shall take effect on July 1, 2007.
(9) Final Approvals, Com lete ApElications
All development and redevelopment projects for which
complete and full applications were submitted and
accepted for review by the City of Burlington
Technical Review Committee prior to the effective
date of this ordinance and which remain 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,
including but not limited to illicit discharge
provisions.
A phased development plan shall be deemed approved
prior to the effective date 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.
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(C) Violations Continue
Any violation of provisions existing on the
effective data 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.
SECTION 2: ADMINISTRATION AND PROCEDURES
2-201 Review and Decision -Making Entities
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated
by the Burlington City Council to administer
and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may
be conferred by other provisions of the Code of
Ordinances of the City of Burlington and other
laws, the Stormwater Administrator shall have
the following powers and duties under this
ordinance:
(a) To review and approve, approve with
conditions, or disapprove applications for
approval of plans pursuant to this
ordinance.
(b) To make determinations and render —
interpretations of this ordinance.
(c) To establish application requirements and
schedules for submittal and review of
applications and appeals, to review and
make recommendations to the City Council
on applications for development or
redevelopment approvals.
(d) To enforce the provisions of this
ordinance in accordance with its
enforcement provisions.
(e) To maintain records, maps, forms, and
other Official materials relating to the
adoption, amendment, enforcement, and
administration of this ordinance.
33
•

(f) To provide expertise and technical
assistance to the City Council, upon
request.
(g) To designate appropriate other person(s)
who shall carry out the powers and duties
of the Stormwater Administrator.
(h) To take any other action necessary to
administer the provisions of this
ordinance.
2-202 Review Procedures
(A) Permit Re!12ired; Must ApplX for Permit
A stormwater permit is required for all development
and redevelopment unless exempt pursuant to this
ordinance. A permit may only be issued 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 BMFs 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 landowner or the landowner's duly authorized
agent.
(p) Establishment of Application Requirements, Schedule,
34

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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
! (3)
•
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.
Permit Review Fees
The City Council 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.
(4) 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
Design Manual in an Administrative Manual,
which shall be made available to the public.
(E) 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.
35

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.
(F) Review
Within 60 calendar 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.
(3) Revision and Subsequent Review
A complete revised application shall be
reviewed by the Stormwater Administrator within
30 calendar 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
36

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,
Perm -it 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.
2-203 Applications for Approval
(A) Conce t 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 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. Local watershed plans, --open space and
natural area protection plans, policies or
ordinances, 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,
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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
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 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
r and stormwater management.
(3) Stormwater Management Svstem 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 any
proposed stream channel modifications, such as
bridge or culvert crossings.
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L_J
(B) Technical Review Committee Submittal and Approval
The Stormwater Management System Concept Plan and a
separate maintenance plan shall be submitted to the
Technical Review Committee (TRC) prior to, or
concurrent with, the TRC development plan submittal.
The Technical Review Committee shall be authorized
to approve the Stormwater Management System Concept
Plan and separate maintenance plan if the Concept
Plan and maintenance plan are both found to be in
conformance with this Ordinance.
(C) Stormwater Management Permit Application
The stormwater management permit application and
Stormwater Management Plan 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 runoff generated from one inch of rainfall
over the total drainage area, that the designs and
plans are sufficient to comply with applicable y
standards and policies found in the Design Manual,
and that the designs and plans ensure compliance
with this ordinance.
The submittal of the Stormwater Management Plan and
permit application shall occur after approval of the
Stormwater Management Concept Plan by the Technical
Review Committee. The submittal shall include
construction drawings and any other information
required in the submittal checklist established by
the Stormwater Administrator. Incomplete submittals
shall be treated pursuant to Section 2-202(E).
(D) Other Permits
No certificate of compliance or occupancy shall be
issued by the City of Burlington Inspections
Department without final as -built plans and a final
inspection and approval by the Stormwater
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Administrator, except when a performance security is
posted as allowed by Sections 2-206 and 4-404, or
where multiple units are served by the stormwater
practice or facilities, in which case the City of
Burlington Inspections Department may elect to
withhold permits or certificates of occupancy until
as -built plans are submitted and final inspection
and approval has occurred.
2-204 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
Administrat-ar-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.
2-205 Appeals
(A) Right of A eal
(1) 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 City Council within 15 days after
receipt of said written decision, order,
requirement, or determination,
(2) A public hearing held pursuant to this section
shall be conducted by the City Council within 45
days after the date of appeal or request for a
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hearing.
(3) The City Council will render its final decision
on any appeal within 20 days of the date of hearing.
(4) The decision of the City Council shall be
subject to Superior Court review of the proceedings
in the nature of certiorari. All Superior Court
review of City Council decisions shall be performed
by the Superior Court of Alamance County. Petition
for review by the Superior Court of Alamance County
shall be filed with the Clerk of Superior Court of
Alamance County within 30 days after the latter of
the following:
(a) The decision of the City Council is filed;
or
(b) A written copy of the decision is
delivered to any aggrieved party that has
filed a written request for such copy with
the City Council at the time of its
hearing of the case.
2-206 Design Professional's Certificate of
Compliance, As -Built Plans and Final
Approval
The construction of all structural stormwater
management improvements shown on an approved and
permitted Stormwater Management Plan shall be
substantially complete prior to final plat
recordation or issuance of any certificate of
occupancy. Upon approval of the Stormwater
Administrator, an installation performance security
as specified in Section 4-404 may be submitted prior
to substantial completion of all structural
stormwater management measures in order to record a
final plat.
Upon completion of a project and its associated
structural stormwater management improvements, and
before a certificate of occupancy shall be granted,
the Design Professional shall certify, under seal,
that the completed project is in accordance with the
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approved Stormwater Management Plan and design and
with the requirements of this ordinance.
The Design Professional shall also submit the
information required in the As -Built submittal
checklist established by the Stormwater
Administrator.
As -built submittals shall be certified by a
qualified, licensed North Carolina professional
engineer, surveyor, soil scientist, or landscape
architect. The As -Built drawings shall show the
final design specifications for all stormwater
management facilities and practices and the field
location, size, depth, and planted vegetation of all
measures, controls, and devices, as installed. The
designer of the stormwater management measures and
plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in
compliance with the approved stormwater management
plans and designs and with the requirements of this
ordinance.
Prior to the release of any performance securities
required for the installation of structural BMPs as
specified in Sections 4-404(A) 6 4--404(B) the
following conditions must be satisfied:
(1) As -Built drawings and- s�ittals must be
approved by the Stormwater Administrator;
(2) Project must be in compliance with the City`s
Erosion and Sedimentation Control Ordinance; and
(3) Project must pass a final inspection and
receive approval by the Stormwater Administrator.
SECTION 3: STANDARDS
3-301 General Standards
All development and redevelopment to which this ordinance applies
shall comply with the standards of this section.
3-302 Development Standards for Low -Density
Projects
.Low -density projects shall comply with each of the following
standards:
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(A) Stormwater runoff from the development shall be
transported from the development by vegetated
conveyances to the maximum extent practicable. On -
site Stormwater treatment devices such as
infiltration areas, bioretention areas, and level
spreaders may also be used as added controls for
stormwater runoff. A project with an Overall
density at or below the low -density thresholds, 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 drainage ways
to the maximum extent practicable.
(8) All built -upon area shall be at a minimum of 50
feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface
water shall be deemed present if the feature is
approximately shown on either the most recent
version of the soil survey map prepared by the
Natural Resources Conservation Service of the United
States Department of Agriculture (USDA) or the most
recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared -by the United
States Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are
- not present in accordance with the -provisions of 15A
NCAC 2B .0233 (3)(a) or similar site -specific
determination made using Division -approved
methodology.
(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.
3-303 Development Standards for High -Density
Projects
High-densitypsojecli shall implement starmwater control measures.
that comply with each of the following standards:
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(A) The measures shall be designed to control and
treat the stormwater runoff generated from all
surfaces by the first one inch of rain.
(H) 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;
(D) All structural stormwater treatment systems
used to meet these requirements 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 Design Manual;
(F) All built -upon area shall be at a minimum of 50
feet landward of all perennial and intermittent
surface waters, measured horizontally on a line
perpendicular to a vertical line marking the edge of
the top of the bank.. A surface water shall be
deemed present if the feature is approximately shown
on either the most recent version of the soil survey
map prepared by the Natural Resources Conservation
Service of the United States Department of
Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic
maps prepared by the United States Geologic Survey
(USGS). An exception to this requirement may be
allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233.
(3)(a) or similar site -specific determination made
using Division -approved methodology.
(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.
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3-304 Undisturbed Buffer
(A) Buffer Width general
A minimum 30-foot wide undisturbed buffer measured
horizontally on a line perpendicular to a vertical
line marking the edge of the top of the bank shall
be provided directly adjacent to surface waters
(intermittent streams, perennial streams, lakes
reservoirs and ponds), A surface water shall be
deemed present as stated in 3-302(B) and 3-303(E).
(B) Buffer Width - water supply watershed
In water supply watersheds the minimum undisturbed
buffer widths shall be:
(1) Lake Buffer - minimum 100-foot wide
undisturbed buffer measured horizontally
to a line perpendicularly to a line
marking the normal pool elevation outward
(2) Perennial Stream - minimum 50-foot
undisturbed buffer measured horizontally
on a line perpendicular to a vertical lin
marking the edge of the top of the bank.
(3) Intermittent Stream - minimum 50-foot
undisturbed buffer measured horizontally
on a lane perpendicular to a vertical lin
marking the edge of the top of the bank;
(C) Exceptions to the Undisturbed Buffer Rules
Exceptions to the Undisturbed Buffer requirements
may be granted by City Council for public utilities
public roads, greenways, or other uses deemed in th
public interest on a case by case basis where no
practical alternative exists.
3-305 Standards for Sto=water Control
Measures
(A) Evaluation According to Contents of 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
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each stormwater practice, in the 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
nl torn�t; �.00
Stormwater treatment practices that are designed,
constructed, and maintained in accordance with the
criteria and specifications in the 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 specifications
in the 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.
3-306 Dedication of SMPS, Facilities &
Improvements
Unless otherwise approved by City Council, ownership and
maintenance responsibility of any existing or future
stormwater management facilities shall remain with the
owner of the 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.
3-307 Variances
(A) Variance Request
Any person may petition the City Council for a
variance granting permission to use the person's
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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) Conditions of Variance
The City Council may impose reasonable and
appropriate conditions and safeguards upon any
Isvariance it grants.
(C) StatutoEX Exceptions
Notwithstanding subdivision (A) of this section,
exceptions from the 50-foot landward location of
built -upon area requ.ir ment as well as deed
restrictions and protective covenants requirements
shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives
for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long
as it is located, designed, constructed, and
maintained to minimize disturbance, provide
maximum nutrient removal, protect against
erosion and sedimentation, have the least
adverse effects on aquatic life and habitat,
and protect water quality to the maximum extent
practicable through the use of BMPs.
(2) When there is a lack of practical alternatives
for a stormwater management facility; a
stormwater management pond, or a utility,
including, but not limited to, water, sewer, or
gas construction and maintenance corridor, as
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long as it is located 15 feet landward of all
perennial and intermittent surface waters and
as long as it is located, designed,
constructed, and maintained to minimize
disturbance, provide maximum nutrient removal,
protect against erosion and sedimentation, have
the least adverse effects on aquatic life and
habitat, and protect water quality to the
maximum extent practicable through the use of
BMPa.
(3) A lack of practical alternatives may be shown
by demonstrating that, considering the
potential for a reduction in size,
configuration, or density of the proposed
activity and all alternative designs, the basic
project purpose cannot be practically
accomplished in a manner which would avoid or
result it less adverse impact to surface
waters.
3-308 Additional standards for special.
situations
(A) Animal Waste
(1) It shall be unlawful for the owner or custodian
of any animal to take it off the owner's own
property limits without the means to properly
remove and dispose of th`4--animal's feces from
any public property.
(2) It is the responsibility of the animal's owner
or custodian to clean up the animal's feces
from any public property outside of the animal
owner's own property limits. Such property
includes, but is not limited to, parks, rights -
of -way, paths, and public access areas.
(3) "Means to properly remove and dispose of feces"
shall consist of having on or near one's person
a device such as a plastic bag, or other
suitable plastic or paper container that can be
used to clean up and contain animal waste until
it can be disposed of in an appropriate
container. Such a device must be produced and
shown, upon request, to anyone authorized to
enforce these ordinances.
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(4) This provision shall not apply to handicapped
persons assisted by trained guide or assistant
dogs, or other animals trained to assist
handicapped persons.
(5) "Public nuisance" is defined to include "an
animal which deposits feces on public property,
and the person owning, possessing, harboring of
having the care, charge, control or custody of
the animal fails to remove the feces so
deposited. Provided, however, this definition
shall not apply to any animal assisting a
handicapped person.
(B) Nutrient Sensitive Waters
In addition to the standards for stormwater
handling set out in the design manual, development
and redevelopment that drains in whole or part to
class NSW waters shall design and implement the beat
stormwater practices that reduce nutrient loading,
while still meeting the other requirements of this
ordinance.
(C) Nutrient Application Management Program
(1) The purpose of this provision is to protect
water quality by managing the application of
r nutrients, both inorganic ferti,li zer and
organic nutrients, to lands in the region.
This provision requires nutrient application in
keeping with the most current state -recognized
technical guidance on proper nutrient
management in order to help protect water
quality in the region.
(2) This Program shall apply to the following
persons within the corporate limits and
extraterritorial jurisdiction of the City of
Burlington as follows:
(a) Persons who own or manage cropland areas
for commercial purposes;
(b) Persons who own or manage commercial
ornamental and floriculture areas and
greenhouse production areas;
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•

(c) 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;
(d) Persons hired to apply nutrients to the
lands described in Sub -Items (a) through
(c) 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.
(e) Nutrient management consultants hired by
persons listed in this Item to provide
nutrient management advice for lands in
the City's jurisdiction.
(3) Persons to whom this ordinance applies shall
meet the following requirements:
(a) Any person subject to this rule who
applies nutrients to, or who is hired to
provide nutrient management advice for,
land within the City's jurisdictiof-_shall
either:
i. Attend and complete nutrient
management training pursuant to
Item (b) of this Section; or
ii. 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 (E) of
this Section.
(b) Persons who hire an applicator to apply
nutrients to the land that they own or
manage shall either:
50

i. Ensure that the applicator they
hire has attended and completed
nutrient management training
pursuant to Item (D) of this
Section; or
ii. Ensure that the applicator they
hire has completed a nutrient
management plan for the land
that they own or manage pursuant
to Item (E) of this Section; or
iii. Complete a nutrient management
plan for the land that they own
or manage pursuant to Item (E)
of this Section and ensure that
the applicator they hire follows
this plan.
(D) 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
51

- 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 (D)(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 (E)(1)(a) through
(E)(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 City of Burlington.
(E) 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 effecljve 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
52

specialist as required under Sub -Item
(E) (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 wQbB+4-155) ,
"Water Quality and Home Lawn Care" (NCCES
publication number WQM-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
"Hest 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 Resojj_zces 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 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.
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(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 City.
3-309 Onsi.te wastewater
(A) On -Site Wastewater System Permit
^For new development and redevelopment that utilize
the use of on -site wastewater treatment systems, a
copy of the approved on -site wastewater system
permit issued by the Alamance County Environmental
Health Department shall be provided to the
Stormwater Administrator as part of the Stormwater
Management Permit Application.
(S) Standards for Operation and Maintenance
Onsite systems for domestic wastewater shall be
operated and maintained so as to avoid adverse
effects on surface water and groundwater, including
eutrophication of surface water and microbial or
nitrate contamination of groundwater. Septic tank
residuals shall be pumped whenever necessary to
assure the proper operation of the system to meet
these standards, and the septage shall be reused or
disposed of in a manner that does not present
significant risks to human health, surface water or
groundwater.
SECTION 4: MAINTENANCE
4-401 General Standards for Maintenance
(A) Function of SMPS As Intended
The owner of each structural RMP 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
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degree or amount of function for which the
structural BMP was designed.
(H) Annual Maintenance Inspection and Report
The person responsible for maintenanceofany
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, address and telephone number of
the landowner;
(2) The recorded book and page number and the
Parcel Identification Number (PIN) or
Parcel Number as assigned by Alamance
County or Guilford County respectively of
the lot of each structural BMP;
(3) A statement that an inspection was made of
all structural BM,Ps;
(A) 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.
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.
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4-402 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 City of Burlington 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 obligatio-n--on
the City of Burlington 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
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
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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. 1£ structural BMPs are not
performing adequately or as intended or are not
properly maintained, the City of Burlington, in
its sole discretion, may remedy the situation,
and in such instances the City of Burlington
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
BMPs, provided that the City of Burlington
shall first consent to the expenditure.
(3) The escrow account shall be funded to a level
suitable to conduct the activities listed in
Section 4-402(3)(2), which shall be based upon
a submittal of construction costs and
anticipated maintenance costs prepared and
sealed by the design professional, and approved
by the City of Burlington. 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
HMPs. 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
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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 City of Burlington depending
on the design and materials of the stormwater
control and management facility.
(5) Granting to the City of Burlington a right of
entry to inspect, monitor, maintain, repair,
and reconstruct structural BMPs.
(6) Allowing the City of Burlington to recover from
the association and its member's any and all
costs the City of Burlington expends to
maintain or repair the structural BMPs or to
correct any operational deficiencies. Failure
to pay the City of Burlington all of its
expended costs, after forty-five days written
notice, shall constitute a breach of the
agreement. In case of a deficiency, the City
of Burlington 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-,_:__qX both. Interest, collection costs,
and attorney fees shall be added to the
recovery.
(7) A statement that this agreement shall not
obligate the City of Burlington to maintain or
repair any structural RMPs, and the City of
Burlington shall not be liable to any person
for the condition or operation of structural
HMPs.
(8) A statement that this agreement shall not in
any way diminish, limit, or restrict the right
of the City of Burlington to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless
the City of Burlington for any costs and
injuries arising from or related to the
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structural BMP, unless the City of Burlington
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.
4-403 Inspection Program
Inspections and inspection programs by the City of
Burlington 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-.404 Performance Security for Installation
and Maintenance
(A) May Be Required
The City of Burlington may, at its discretion,
require the submittal of a performance security or
bond with surety, cash escrow., irrevocable 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.
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(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%. The estimate of
construction cost shall be prepared by a
qualified registered North Carolina
Professional Engineer, Surveyor, Soil
Scientist, or Landscape Architect.
(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 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 owner to construct,
maintain, repair and, if necessary, reconstruct
any structural akIP 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
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•
•
triggering the use of installation performance
security, the City of Burlington 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 Securit
If the City of Burlington takes action upon
such failure by the applicant or owner, the
City of Burlington 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 HMPs 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.
-a- a05 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 Heeds
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
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shall be maintained so as to remain visible and
legible.
4--406 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.
4-407 Nuisance
The owner of each stormwater BMP, whether structural or non-
structural BNP, shall maintain it so as not to create or
result in a nuisance condition.
4-408 Maintenance Easement
Every structural BMP installed pursuant to this ordinance
shall be made accessible for adequate maintenance and
repair by a maintenance easement. The easement shall be
recorded and its terms shall specify who may make use of
the easement and for what purposes. Dedicated access
and/or maintenance easements for structural BMPs on private
property are for the use of the owner of the structural
BMP(s). Dedication of access and/or maintenance easements
for structural BMPs in no way binds or requires the City of
Burlington to perform maintenance on structural BMPs on
private property.
4-409 Existing Structural EMFs
Sections 4-401, 4-403, 4-404, 4-405(8), 4-406 and 4-407 of
thisOrdinance shall also apply to structural BMPs tlaE
were installed prior to the effective date of this
ordinance.
At the time of subdivision, recombination, development or
redevelopment of property having structural BMPs installed
prior to the effective date of this ordinance Sections 4-
402, 4-405(A), and 4-408 shall also apply.
SECTION 5: ENFORCEMENT AND VIOLATIONS
5-501 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 the City of
Burlington. Whenever this section refers to the
Stormwater Administrator, it includes his or her
designee as well as any authorized agent of the City
of Burlington.
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(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, landscape
architect, soil scientist, surveyor, builder,
contractor, developer, agency, or any other person
who participates in, assists, directs, creates,
causes, or maintains a condition that results in or
consti.t�tes 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 article, responsible
person(s) shall include but not be limited to:
(1) Person Maintaining Condition Resulting In or
Constituting Violation
An architect, engineer, landscape architect,
soil scientist, surveyor, 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
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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-
5-502 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) Withholdi.nS 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 remediaYmeasures 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 and Zoning
Hoard and/or City Council may disapprove, any
request for permit or development approval or
authorization provided for by this ordinance or
the zoning, subdivision, and/or building
regulations, as appropriate for the land on
which the violation occurs.
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(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written
authorization of the City Manager, 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__
Lien, etc.
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. 5 160A-193,
the Stormwater Administrator, with the written
authorization of the City Manager, 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 cued 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
Violation of this ordinance may subject the violator
to a civil penalty to be recovered in a civil action
in the nature of a debt if the violator does not pay
the penalty within 30 days after notice of the
violation is issued by the Stormwater Administrator.
Civil penalties may be assessed up to the full
amount of penalty to which the City of Burlington is
subject for violations of its Phase II Stormwater
permit or if no Phase II Stormwater permit violation
exists for the jurisdiction, civil penalties may be
assessed up to the full amount allowed by law.
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(C) Criminal Penalties
Violation of this ordinance may be enforced as a
misdemeanor subject to the maximum fine permissible
under North Carolina law.
5-503 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.
(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 thy=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
Burlington Police Department, by certified or
registered mail, return receipt requested, or by any
means authorized for the service of documents by
Rule Q of the North Carolina Rules of Civil
Procedure.
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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 violation, up to, but not
exceeding 14 days. The Stormwater Administrator may
grant 7-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 wh.i
_01 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
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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 article.
SECTION 6: DEFINITIONS
6-601 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.
Best Management Practice (BMP)
Measures or practices used to reduce the amount of pollution
entering surface waters. BMPs can be structural or non-
structural and may take the form of a process, activity,
physical structure or planning.
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.
Clean Water Act
The Federal Water Pollution Control Act, also known as the
Clean Water Act (CWA), as amended, 33 USC 1251, et. Seq.
Common Plan of Development
A construction or land disturbing activity is part of a larger
common plan of development if it is completed in one or
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more of the following ways:
• In separate stages
• In separate phases
• In combination with other construction activities
It is identified by the documentation (including but not
limited to a sign, public notice or hearing, sales pitch,
advertisement, loan application, drawing, plats,
blueprints, marketing plans, contracts, 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 Dray occur on a specific plot.
It can include one operator or many operators.
Consultant
Person who is hired to provide professional advice to another person.
Departmen t
The North Carolina Department of Environment and Natural
Resources.
Design Manual.
The stormwater design manual approved for use in Phase II
jurisdictions by the Department for the proper
implementation of the requirements of the federal Phase II
stormwater program. 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 or precipitation into the soil.
Director
The Director of the Division of Water Quality is the North
Carolina Department of Environment and Natural Resources.
Division or DWQ
The Division of Water Quality in the Department.
EMC
The North Carolina Environmental Management Commission.
Grab Sample
•
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An individual sample collected instantaneously. Grab samples
that will be directly analyzed or qualitatively monitored
must be taken within the first 30 minutes of discharge.
Hazardous Substance
Any substance designated in 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
High -density project
Any project that exceeds the low -density threshold for
dwelling units per acre or built -upon area.
Illicit Discharge
Any discharge to a MS4 that is not composed entirely of
stormwater except discharges pursuant to an NPDES permit
(other than the NPDES MS4 permit), allowable non-stormwater
discharges, and discharges resulting from fire -fighting
activities.
.Industrial Activity
For the purposes of this permit, industrial activities shall
mean all industrial activities as defined in 40 CFR 122.26.
Low -density project
A project that has no more than two dwelling units per acre or
twenty-four percent built -upon area (SUA) 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.
Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system
of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains):
0) Owned or operated by the United States, a
State, city, town, county, district, association, or
other public body (created by or pursuant to State
law) having jurisdiction over disposal of sewage,
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industrial wastes, stormwater, or other wastes,
including special districts under State law such as
a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or
an authorized Indian tribal organization, or a
designated and approved management agency under
Section 208 of the Clean Water Act (CWA) that
discharges to waters of the United States or wafters
of the State.
(ii) Designed or used for collecting or conveying
stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment
Works ROM as defined in 40 CFR 122.2.
Non-struCtural BMP
Non-structural BMPs are preventive actions that involve
management and source controls such as: (�) policies and
ordinances that provide requirements and standards to
direct growth to identified areas, protect sensitive areas
such as wetlands and riparian areas, maintain and/or
increase open space, provide buffers along sensitive water
bodies, minimize impervious surfaces, and/or minimize
disturbance of soils and vegetation; (2) policies or
Ordinances that encourage infill development in higher
density urban areas, and areas --with existing storm sewer
infrastructure; (3) education programs for developers and
the public about minimizing water quality impacts; (4)
other measures such as -minimizing the percentage of
impervious area after development, use of measures to
minimize directly connected impervious areas, and source
control measures often thought of as good housekeeping,
preventive maintenance and spill, prevention.
1-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. For
design purposes, the 1-year, 24-hour storm produces
approximately 3.0 inches of rain in the Burlington Area.
Ou tfa.1.1
The point of wastewater or stormwater discharge from a
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discrete conveyance system. See also point source
discharge of stormwater.
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.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including,
but not specifically to, any pipe, ditch, channel, tunnel,
conduit, well, or discrete fissure from which stormwater is
or may be discharged to waters of the state.
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,
Stormxater Runoff
The Flow of water which results from precipitation and which
occurs immediately following rainfall or as a result of
snowmelt.
Structural BMP
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 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
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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)
calendar 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.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the
Clean Water Act,
SECTION 7: Illicit Discharges
7-701 Illicit Discharges and Connections
(A) 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, - any liquid,
solid, gas, or other substance, other than
stormwater; provided that non-stormwater discharges
associated with the following activities are allowed
and provided that they do not significantly impact
water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as
defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
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(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) (Lawn watering;
(15) (Individual residential car washing;
(16) (Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Flows from emergency firefighting
(20) Other non-stormwater discharges for which a
valid NPDES discharge permit has been approved
and issued by the State of North Carolina, and
provided that any such discharges to the
municipal separate storm sewer system shall be
authorized by the City of Burlington.
Prohibited substances include but are not limited
to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or
stormwater conveyance system that allow the
discharge of non-stormwater, other than the
exclusions described in section (a) above, are
unlawful. Prohibited connections include, bu.t
are not limited to: floor drains, waste water
from washing machines or sanitary sewers, wash
water from commercial vehicle washing or steam
cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of
this section and said connections were made
prior to the adoption of this provision or any
other ordinance prohibiting such connections,
the property owner or the person using said
connection shall remove the connection within
one year following the effective date of this
ordinance. However, the one-year grace period
shall not apply to connections which may result
in the discharge of hazardous materials or
other discharges which pose an immediate threat
to health and safety, or are likely to result
in immediate injury and harm to real or
74

0
personal property, natural resources, wildlife,
or habitat.
This prohibition expressly includes, without
limitation, illicit connections made in the
past, regardless of whether the connection was
permissible under law or practices applicable
or prevailing at the time of connection.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous
materials or may pose an immediate threat
to health and safety, or is likely to
result in immediate injury and harm to
real or personal property, natural
resources, wildlife, or habitat, or
(b) Was made in violation of any applicable
regulation or ordinance, other than this
section;
the Stormwater Administrator shall designate
the time within which the connection shall be
e removed. In setting the time limit for
compliance, the Stormwater Administrator shall
take into consideration:
i. The quantity and complexity of
the work,
ii_ The consequences of delay,
iii. The potential harm to the
environment, to the public
health, and to public and
private property, and
iv. The cost of remedying the
damage.
(C) Spills
Spills or leaks of polluting substances released,
discharged to, or having the potential to released
or discharged to the stormwater conveyance system,
shall be contained, controlled, collected, and
properly disposed. All affected areas shall be
restored to their preexisting condition.
Persons in control of the polluting substances
immediately prior to their release or discharge, and
persons owning the property on which the substances
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were released or discharged, shall immediately
notify the Emergency Management Coordinator or the
Fire Chief of the release or discharge, as well as
making any required notifications under state and
federal law. Notification shall not relieve any
person of any expenses related to the restoration,
loss, damage, or any other liability which may be
incurred as a result of said spill or leak, nor
shall such notification relieve any person from
other liability which may be imposed by State or
other law.
(D) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction
activity NPDES stormwater discharge permit shall
comply with provisions of such permit. Proof of
compliance with said permit may be required in a
form acceptable to the City of Burlington prior to
authorization of discharges to the MS4.
(E) Right of Entry, Inspection, Sampling, and Testin
(1) Authority to Inspect - Whenever necessary to
make an inspection to enforce any provision of this
Ordinance, or whenever the Stormwater Administrator
has cause to believe that there exists, or
potentially exists, in or upon any premise any
condition which constitutes a violation of this
Ordinance, the Stormwater Administrator may enter
such premises at-akl reasonable times to inspect the
same and to inspect and copy records related to
stormwater compliance. In the event the owner or
occupant refuses entry after a request to enter and
inspect has been made, the City of Burlington is
hereby empowered to seek assistance from any court
of competent jurisdiction in obtaining such entry.
(2) Authority to Sample, Establish Sampling
Devices, and Test - During any inspection as
provided herein, the Stormwater'Administrator may
take any samples and perform any testing deemed
necessary to aid in the pursuit of the inquiry or to
record site activities.
(F) Enforcement
Whenever the Stormwater Administrator finds that a
person has violated a prohibition or failed to meet
a requirement of this Ordinance, the Stormwater
76

L_J
Administrator may order compliance by written notice
of violation to the responsible person and/or the
property owner. Such notice may require without
limitation:
(1) The performance of monitoring, analysis, and
reporting;
(2) The elimination of illicit connections or
discharges;
(3) That violating discharges, practices, or
operations shall cease and desist;
(4) The abatement or remediation of stormwater
pollution or contamination hazards and the
restoration of any affected property;
(5) payment of a fine to cover administrative and
remediation costs; and,
(6) The implementation of source control SMPs.
If abatement of a violation and/or restoration of
affected property is required, the notice shall set
forth a deadline within which such remediation or
restoration must be completed. Said notice shall
further advise that, should the violator fail to
remediate or restore within the established
deadline, the work will be done by the City of
Burlington or a contractor designated by the
Stormwater Administrator and the expense shall be
charged to the violator.
(G) violations Deemed a Public Nuisance
Illicit discharges and illicit connections which
exist within the City Limits and the City's
Extraterritorial Jurisdiction are hereby found,
deemed, and declared to be dangerous or prejudiced
to the public health or public safety and are found,
deemed, and declared to be public nuisances. Such
public nuisances shall be abated in accordance with
the procedures set forth in the City of Burlington
Code of Ordinances Chapter 22.
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The foregoing ordinance was seconded by Councilmember
Starling, and after full discussion, the same wag voted upon
and declared duly adopted, no amendments having been offered
and consent having been given to place the same upon its
immediate passage. Councilmembers voting in favor of the
motion to adopt the foregoing ordinance were Ross, Jones,
Huffman and Starling.
NEW BUSINESS:
ITEM 7: APPOINTMENTS TO ADVISORY BOARDS AND COMMISSIONS
Mayor Ross announced that the City Council would consider
appointments to the Advisory Boards and Commissions.
City Manager Owen stated the appointments would be effect
July 1, 2007.
Councilmember Huffman suggested waiting until the next Ci
Council meeting so Councilmember Wall would be present to mak
the appointments.
Councilmember Starling pointed out that it was continued
from the work session to this City Council meeting and sugges
making the appointments.
r Councilmember Huffman replied that Councilmember Wall had
conflict that prevented his attending the City Council meetin
Councilmember Huffman made a motion that the appointments
continued to the July 17, 2007, City Council meeting and that
effort me made to find people who would be interested in sery
on the boards and commissions. Councilmember Jones seconded
motion. The motion passed by a vote of three to one with
Councilmember Starling voting against the motion.
78

•
City Attorney stated that the present members would serve
until their successors were appointed.
PUBLIC COMMENT PERIOD:
There were no public comments.
ADJOURN:
Upon motion by Councilmember Starling, gPconded by
Councilmember Huffman, it was resolved unanimously to adjourn.
Jondeen D. Terry
City Clerk
L-1
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Chapter 31.5 SOIL EROSION AND SEDIMENTATION CONTROL*
*Editor's note: Ord. No. 06-32, adopted July 18, 2006, amended the Code by repeating former ch. 31.5,
§§ 31.5-1--31.5-22, and adding a new ch. 31.5. Former ch. 31.5 pertained to similar subject matter. For
derivation of former ch. 31.5, please see the Code Comparative Table.
Sec. _31,5-1. Ti4e.
Sec, 31.5 2._Purnose.
Sec.31.5-3. Definttlons.
Sec, 31.5-4. Scone and a)dusions.
Sec. 31.5-5. Wndatorvstandards for land-disturbina aotivity.
Sec. 31.5-6. Eroeignn and sedimentation control ptarns.
Sec. 31.5-7. Baslccontrol obieches,
Sec. 31.5-8. Design and performance standards.
Sec. 31.5-9—Stomtwate r outlet oratadon.
Sec. 31.5-10. Borrow and waste areas.
Sec, 31.5-11, Access and haul roads.
Sec. 31.5-12. Operations In lakes or natural watercourses.
Sec. 3 .5-13 RgsQonsii1ilybrm in n n
Sec. 31.5-14. Additional measures.
Sec. 31.5-15. Edstno uncoNered areas.
Sec. 31.5-16._ Fees,
5ec. 31.5-17. Plan aooeals.
Sec. 31.5-18. Inspecbons and investigations.
Sec, 31.5-19, Penalties,
Sec, 31.5-20. Inlunctive relief.
Sec. 31.5-21. Restoration after non-compllence.
Sec. 31.5-1. Title.
This chapter may be cited as the "City of Burlington Sal Erosion and Sedimentation Control
Ordinance."
(Ord. No. 06-32, 7-18-06)
Sec.31.5-2. Purpose.
This chapter is adopted for the purposes of.
(1 ) Regulating certain land -disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private properly by sedimentation; and
(2) Establishing procedures through which these purposes can be fulfilled.
(Ord. No. 06-32. 7-18-06)
Sec.31.5-3. Definitions.
As used in this chapter, unless the context clearly indicates_ otherwise, the following definitions
apply.
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Accelerated erosion means any increase over the rate of natural erosion as a result of land -
disturbing activity.
Act means the North Carolina Sedimentation Pollution Control Act of 1973, G.S. § 113Ar50 et seq.
as amended, and all rules and orders adopted pursuant to it.
Adequate erosion control measure, structure, or device means one that controls the soil material
within the land area under responsible control of the person conducting the land -disturbing activity.
Affiliate means a person that directly, or indirectly through one (1) or more intermediaries, controls,
is controlled by, or is under common control of another person.
Being conducted means a land -disturbing activity has been initiated and permanent stabilization of
the site has not been completed.
Borrow means fail material that is required for on -site construction and is obtained from other
locations.
Buffer zone means the strip of land adjacent to a lake or natural watercourse.
Coastal counties means the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank,
Pander, Perquimans, Tyrrell and Washington.
Commission means the North Carolina Sedimentation Control Commission.
Completion of construction or development means that no further land -disturbing activity is
required on a phase of a project except that which Is necessary for establishing a permanent ground
cover.
Department means the North Carolina Department of Environment and Natural Resources.
Director means the Director of the Division of Land Resources of the Department of Environment
and Natural Resources.
Discharge point means that point at which stormwater runoff leaves a tract of land.
District means the Aamance and Guilford County Soil and Water Conservation Districts created
pursuant to Chapter 139, North Carolina General Statutes.
Energy dissipator means a structure or a shaped channel section with mechanical armoring
placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow.
Erasion means the wearing away of land surfaces by the action of wind, water, gravity, or any
combination thereof.
Ground cover means any natural vegetative growth or other material which renders the soil
surface stable against accelerated erosion.
High quality inters means those classified as such in 15A NCAC 2B.0101(o)(5), general
procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. §
15OB-14(c).
High quaNy water (HOW) zones means, for the coastal counties, areas within five hundred
seventy-five (575) feet of high quality waters; and for the remainder of the state, areas within one (1) mile
and draining to HQW's.
Lake or natural watercourse means any scream, river, brook, swamp, sound, tray, creek, run,
branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded in which sediment
may be moved or carried in suspension, and which could be damaged by accumulation of sediment.
Land -disturbing activity means any use of the land by any person in residential, industrial,
education, institutional, or commercial development, highway and road construction and maintenance that
results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
Local government means any county, incorporated village, town or city, or any combination of
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counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions
of the Act.
Natural erosion means the wearing away of the earth's surface by water, wind, or other natural
agents under natural environmental conditions undisturbed by man.
Parent means an affiliate that directly, or indirectly through one (1) or more intermediaries, controls
another person.
Person means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private Institution, utility, cooperative, interstate
body, or other legal entity.
Person conducting land -disturbing activity means any person who may be held responsible for
violation unless expressly provided otherwise by this chapter, the Act, or any order adopted pursuant to this
chapter or the Act.
Person responsible for the violation means:
(1) The developer or other person who has or holds himself out as having financial or
operation control over the land -disturbing activity; or
(2) The landowner or person in possession or control of the land that has directly or
Indirectly allowed the land -disturbing activity, or benefited from it or failed to comply with a
duty imposed by any provision of this chapter, the Act, or any order adopted pursuant to this
chapter or the Act.
Phase of grading means one (1) of two (2) types of grading: rough or fine.
Plan means an erosion and sedimentation control plan.
Sediment means solid particulate matter, both mineral and organic, that has been or is being
transported by water, air, gravity, or ice: from its site of origin.
Sedimentation means the process by which sediment resulting from accelerated erosion has been
or is being transported off the sit of the land -disturbing activity or Into a lake or natural watercourse.
Siltation means sediment resutting from accelerated erosion which is settleable or removable by
properly designed, constructed, and maintained control measures; and which has been transported from
its point of origin within the site of a land -disturbing activity; and which has been deposited, or is in
suspension in water.
Storm drainage facilities means the system of inlets, conduits, channels, ditches and
appurtenances which serve to collect and convey stormwater through and from a given drainage area.
Stormrweter runoff means the surface flow of water resulting from precipitation in any form and
occurring immediately after rainfall or melting.
Subsidiary means an affiliate that is directly, or indirectly through one (1) or more intermediaries,
controlled by another person.
Ten-year storm means the stormwater runoff resulting from precipitation of an intensity expected
to be equaled or exceeded, on the average, once in ten (10) years, and of a duration that will produce the
maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.
Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit,
regardless of ownership.
Twenty -five-year storm means the stormwater runoff resulting from precipitation of an intensity
expected to be equaled or exceeded on the average, once in twenty-five (25) years, and of a duration
which will produce the maximum peak rate of runoff for the watershed of interest under average
antecedent wetness conditions.
Uncovered means the removal of ground cover from, on, or above the soil surface.
Undertaken means the Initiating of any activity, or phase of activity, which results or will result in a
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Undertaken means the initiating of any activity, or phase of activity, which results or will result in a
change in the ground cover or topography of a tract of land.
Velocity means the average velocity of flow through the cross section of the main channel at the
peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the
geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main
channel banks. Overload flows are not to be included for the purpose of computing velocity of flow.
Waste means surplus materials resulting from on -site land -disturbing activities and being
disposed of at other locations.
Working days means days exclusive of Saturday and Sunday during which weather conditions or
soil conditions permit land -disturbing activity to be undertaken.
(Ord. No. 06-32, 7-1@-06)
Sec. 31.5-4. Scope and exclusions.
(a) Geographical scope of regulated land -disturbing activity. This chapter shall apply to land -
disturbing activity within the territorial jurisdiction of the city and to the extraterritorial jurisdiction of
the city as allowed by agreement between local governments, the extent of annexation or other
appropriate legal instrument or law.
(b) Exclusions from regulated land -disturbing activity. Notwithstanding the general applicability of
this chapter to an land -disturbing activity, this chapter shall not apply to the following types of land -
disturbing activity:
(1) An activity, including breeding and grazing of livestock, undertaken on agricultural land
for the production of plants and animals useful to man, including, but not limited to:
a. Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts.
b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, sheep swine, horses, ponies, mules, and goats,
e. Bees and apiary products.
f. Fur producing animals.
(2) An activity undertaken on foresttand for the production and harvesting of timber and
timber products and conducted in accordance with best management practices set out in
'Forest Practice Guidelines Related to Water Quality," as adopted by the department 9
land -disturbing activity undertaken on forestland for the production and harvesting of timber
and timber products is not conducted in accordance with "Forest Practice Guidelines
Related to Water Quality," the provisions of this chapter shall apply to such activity and any
related land -disturbing activity on the tract.
(3) An activity for which a permit Is required under the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes.
(4) A land -disturbing activity over which the State has exclusive regulatory jurisdiction as
provided in G.S. § 113A-56(a).
(5) An activity which is essential to protect human Ile during an emergency.
(c) Plan approval requirement for land -disturbing activity. No person shall undertake any land -
disturbing activity subject to this chapter without first obtaining a plan approval therefore from the
city.
(d) Protection of property. Persons conducting land -disturbing activity shall take all reasonable
measures to protect all public and private property from damage caused by such activity.
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(e) More restrictive rules shall apply. Whenever conflicts exists between federal, state, or local
laws, ordinance, or rules, the more restrictive provision shall apply.
(f) Plan approval exceptions_ Notwithstanding the general requirement to obtain a plan approval
prior to undertaking land -disturbing activity, a plan approval shall not be required for land -disturbing
activity that does not exceed forty-three thousand five hundred sixty (43,560) square feet in surface
area. In determining the area, lands under one (1) or diverse ownership being developed as a unit
will be aggregated.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5-6. Mandatary standards for land -disturbing activity.
No land -disturbing activity subject to the control of this chapter shall be undertaken except in
accordance with the fallowing mandatory standards;
(1) Buffer zone.
a. Standard buffer, No land4sturbing activity during periods of construction or
Improvement to land shall be permitted in proximity to a lake or natural watercourse
unless a buffer zone is provided along the margin of the watercourse of sufficient
width to confine visible siltation within the twenty-five (25) percent of the buffer zone
nearest the land -disturbing activity.
1. Projects on, over or under water. This subdivision shall not apply to a
land -disturbing activity in connection with the construction of facilities to be
located on, over, or under a lake or natural watercourse.
2. Buffer measurement. Unless otherwise provided, the width of a buffer
zone is measured horizontally from the edge of the water to the nearest edge
of the disturbed area, with the twenty-five (25) percent of the strip nearer the
land -disturbing activity containing natural or artificial means of confining
visible siltation.
b, Trout buffer. Waters that have been classified as trout waters by the
environmental management commission shall have an undisturbed buffer zone
twenty-five (25) feet wide or of sufficient width to confine visible siltation within the
twenty-five (25) percent of the buffer zone nearest the land -disturbing activity,
whichever is greater. Provided, however, that the commission may approve plans
which include Land -disturbing activity along trout waters when the duration of said
disturbance would be temporary and the extent of said disturbance would be
minimal.
1. Projects on, over or under viefer. This subdivision shall not apply to a
land -disturbing activity in connection with the construction of facilities to be
located on, over, or under a lake or natural watercourse.
2. Trout buffer measurement. The twenty -five-foot minimum width for an
undisturbed buffer zone adjacent to designated trout waters shall be
measured horizontally from the top of the bank to the nearest edge of the
disturbed area.
3. Limit on land disturbance. Where a temporary and minimal disturbance
has been permitted as an exception to the trout buffer, land -disturbing
actM les in the buffer zone adjacent to designated trout waters shall be
limited to a maximum of ten (10) percent of the total length of the buffer zone
within the tract to be disturbed such that there is not more than one hundred
(100) linear feet of disturbance in each one thousand (1,000) linear feet of
buffer zone. Larger areas may be disturbed with the written approval of the
director.
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director.
4. Limit on temperature fluctuations. No land -disturbing activity shall be
undertaken within a buffer zone adjacent to designated trout waters that will
cause adverse temperature fluctuations in the trout waters, as set forth in 15
NCAC 2B.0211 "Fresh surface Water Classification and Standards."
(2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than
the angle which can be retained by vegetative cover or other adequate erosion control
devices or structures. In any event, slopes left exposed will, within twenty-one (21) calendar
days of completion of any phase of grading be planted or otherwise provided with temporary
or permanent ground cover, devices, or structures sufficient to restrain erosion. The angle
for graded slopes and fills must be demonstrated to be stable. Stable is the condition where
the soil remains in its original configuration, with or without mechanical constraints.
(3) Fill material. Unless a permit from the department's division of waste management to
operate a landfill is on file for the official site, acceptable fill material shall be free of organic
or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12)
inches, and any materials which would cause the site to be regulated as a landfill by the
state.
(4) Ground cover. Whenever land -disturbing activity is undertaken on a tract comprising
more than one (1) acre, if more then one (1) acre is uncovered, the person conducting the
land -disturbing activity shall install erosion and sedimentation control devices and practices
that are sufficient to retain the sediment generated by the land disturbing activity within the
boundaries of the tract during construction upon and development of said tract, and shall
plant or otherwise provide a permanent ground cover sufficient to restrain erosion after
completion of construction or development. Except as provided in section 31.5-8(b)(5) of
this chapter, provisions for a ground cover sufficient to restrain erosion must be
accomplished within fifteen (15) working days or ninety (90) calendar days following
completion of construction or development, whichever period is shorter.
(5) Prior plan approval. No person shall initiate any land -disturbing activity on a tract if
more than one (1) acre is to be uncovered unless, thirty (30) or more days prior to initiating
the activity, a plan for such activity is filed with and approved by the city. The city shall
forward to the director of the division of water quality a copy of -each plan for a land -
disturbing activity that involves the utilization of ditches for the purpose of de -watering or
lowering the water table of the tract.
(Ord. No. 06 -32, 7-18-06)
Sec. 31.5-6. Erosion and sedimentation control plans.
(a) Plan submission. A plan shall be prepared for all land -disturbing activities subject to this
chapter whenever the proposed activity is to be undertaken on a tract comprising more than one (1)
acre, if more than one (1) acre is to be uncovered. The plan shall be prepared by and bear the
signature of a registered professional engineer, surveyor, architect, or landscape architect to the
extent permuted by state laws. Three (3) copies of the plan shall be flied with the city; a copy shall
be simultaneously submitted to the Alamance or Guilford County Soil and Water Conservation
District at least 30 days prior to the commencement of the proposed activity.
(b) Financial responsibility and oviriership. Plans may be disapproved unless accompanied by an
authorized statement of financial responsibility and ownership. This statement shall be signed by
the person financially responsible for the land -disturbing activity or his attomey in fact. The
statement shall include the mailing and street addresses of the principal place of business of.
(1) The person financially responsible;
(2) The owner of the land; and
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(3) Any registered agents.
If the person financially responsible is not a resident of the state, a state agent must be designated in the
statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this
chapter, or rules or orders adopted or issued pursuant to this chapter.
(c) Environmental Policy Act document. Any plan submitted for a land -disturbing activity for which
an environmental document is required by the North Carolina Environment Policy Act (G.S. § 113A-
1 et seq.) shall be deemed incomplete until a complete environmental document is available for
review. The city shall promptly notify the person submitting the plan that the thirty -day time limit for
review of the plan pursuant to this chapter shall not begin until a complete environmental document
is available for review.
(d) Content. The plan required by this section shall contain architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as needed to adequately
described the proposed development of the tract and the measures planned to comply with the
requirements of this chapter. Plan content may vary to meet the needs of specific site
requirements. Detailed guidelines for plan preparation may be obtained from the city on request
(e) Soil and %eter conservation district comments. The district shall review the plan and submit
any comments and recommendations to the city within twenty (20) days after the district received
the plan, or within any shorter period of time as may be agreed upon by the district and the city.
Failure of the district to submit its comments and recommendations within twenty (20) days or
within any agreed -upon shorter period of time shall not delay final action on the plan.
(f) Timeline for decisions on plans. The city will review each complete plan submitted to them and
within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been
approved, approved with modifications, approved with performance reservations, or disapproved.
Failure to approve, approve with modifications, or disapprove a complete plan within thirty (30) days
of receipt shall be deemed approval. The city will review each revised plan submitted to them and
within fifteen (15) days of receipt thereof will notify the person submitting the plan that it has been
approved, approved with modifications, approved with performance reservations, or disapproved.
Failure to approve, approve with modifications, or disapprove a revised plan within fifteen (15) days
of receipt shall be deemed approval.
(g) Approval. The city shall only approve a plan upon determining that It complies with all
applicable state and local regulations for erosion and sedimentation control. Approval assumes the
applicant's compliance with the federal and state water quality laws, regulations and rules. The city
shall condition approval of plans upon the applicant's compliance with, federal and state water
quality laws, regulations and rules. The city may establish an expiration date, not to exceed three
(3) years, for plans approved under this chapter.
(h) Disapproval for content. The city shall disapprove a plan or draft plan based on its content. A
disapproval based upon a plan's content must specifically state in writing the reasons for
disapproval.
(i) Other disapprovals. The city may disapprove a plan or draft plans if implementation of the plan
would result in a violation of the rules adopted by the environmental management commission to
protect riparian buffers along surface waters. A local government may disapprove a plan upon
finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting or has conducted land -disturbing activity without an approved plan, or
has received notice of violation of a plan previously approved by the commission or a local
government pursuant to the Act and has not complied with the notice within the time
specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance
adopted pursuant to the Act by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. § 113A,64(b) or any criminal
provision of a local ordinance adopted pursuant to the Act or,
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(4) Has failed to substantially comply with state rules or local ordinances and regulations
adopted pursuant to the Act.
For purposes of this subsection, an applicant's record may be considered for only the two
(2) years prior to the application date.
h the event that a plan is disapproved pursuant to this subsection, the city shall notify the
director of such disapproval within ten (10) days. The city shall advise the applicant and the
director in writing as to the speck reasons that the plan was disapproved.
(j) Notice of activity initiation. No person may initiate a land -disturbing activity before notifying the
agency that issued the plan approval of the date that land -disturbing activity will begin.
(k) Preconstruction conference. When deemed necessary by the approving authority a
preconstruction conference may be required.
(1) Display of plan approval. A plan approval issued under this article shall be prominently
displayed until all construction is complete, all permanent sedimentation and erosion control
measures are installed and the site has been stabilized. A copy of the approved plan shall be kept
on file at the job site.
(m) Required revisions. After approving a plan, if the city, either upon review of such plan or on
inspection of the job site, determines that a significant risk of accelerated erosion or off -site
sedimentation exists, the city shall require a revised plan. Pending the preparation of the revised
plan, work shall cease or shall continue under conditions outlined by the appropriate authority. If
following commencement of a land -disturbing activity pursuant to an approved plan, the city
determines that the plan is Inadequate to meet the requirements of this chapter, the city may
require any revision of the plan that is necessary to comply with this chapter.
(n) Amendment to a plan. Applications for amendment of a plan in written and/or graphic form
may be made at any time under the same conditions as the original application. Until such time as
said amendment is approved by the city, the land -disturbing activity shall not proceed except in
accordance with the plan as originally approved.
(o) Failure to file a plan. Any person engaged in land -disturbing activity who fails to file a plan in
accordance with this chapter, or who conducts a land -disturbing activity except in accordance with
provisions of an approved plan shall be deemed in violation of this chapter.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5-7. Basic control objectives.
An erosion and sedimentation control plan may be disapproved if the plan fails to address the
following control objectives:
(1) ldenW critical areas. On -site areas that are subject to severe erosion, and off -site
areas. that are especially vulnerable to damage from erosion and/or sedimentation, are to be
identified and receive special attention.
(2) Limit time of exposure. Al land -disturbing activities are to be planned and conducted to
limit exposure to the shortest feasible time.
(3) Limit exposed areas. All land -disturbing activity is to be planned and conducted to
minimize the size of the area to be exposed at any one time.
(4) Control surface ureter. Surface water runoff originating upgrade of exposed areas
should be controlled to reduce erosion and sediment loss during the period of exposure.
(5) Control sedimentation, WI land -disturbing activity is to be planned and conducted so as
to prevent off -site sedimentation damage.
49 (6) Manage stormutieter runt` When the increase in the velocity of stormwater runoff
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resulting from a land -disturbing activity is sufficient to cause accelerated erosion of the
receiving watercourse, a plan is to include measures to control the velocity to the point of
discharge so as to minimize accelerated erosion of the site and increased sedimentation of
the stream.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5-8. Design and performance standards.
(a) Except as provided in section 31.5-8(b)(2) of this chapter, erosion and sedimentation control
measures, structures, and devices shall be planned, designed, and constructed to provide
protection from the calculated maximum peak rate of runoff from the ten-year storm. Runoff rates
shall be calculated using the procedures In the USDA, Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices", or other acceptable calculation procedures.
(b) HQW zones. In high quality water (HQW) zones the following design standards shall apply.
(1) Limit on uncovered area. Uncovered areas In HQW zones shall be limited at anytime
to a maximum total area of twenty (20) acres within the boundaries of the tract. Only the
portion of the land -disturbing activity within a HQW zone shall be governed by this section.
Larger areas may be uncovered within the boundaries of the tract with the written approval
of the director.
(2) Maximum peak rate of runoff protection. Erosion and sedimentation control measures,
structures, and devices within HQW zones shall be planned, designed and constructed to
provide protection from the runoff of the twenty -five-year storm which produces the
maximum peals rate of runoff as calculated according to procedures in the United States
Department of Agriculture Soil Conservation Service's "National Engineering Field Manual
for Conservation Practices' or according to procedures adopted by any other agency of this
state or the United States or any generally recognized organization or association.
(3) Settling efficiency. Sediment basins within HOW zones shall be designed and
constructed such that the basin will have a settling efficiency of at least seventy (70)
percent for the 40 micron (0.04 millimeter) size soil particle transported into the basin by the
runoff of that two-year storm which produces the maximum peak rate .of runoff as
calculated according to procedures In the United States Department of Agriculture Soil
Conservation Service's "National Engineering Field Manual for Conservation Practices" or
according to procedures adopted by any other agency of this state or the United States or
any generally recognized organization or association.
(4) Grade. Newly constructed open channels in HQW zones shall be designed and
constructed with side slopes no steeper than two (2) horizontal to one (1) vertical if a
vegetative cover is used for stabilization unless soil conditions permit a steeper slope or
where the slopes are stabilized by using mechanical devices, stnrctural devices or other
acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain
accelerated erosion.
(5) Ground cover. Ground cover sufficient to restrain erosion must be provided for any
portion of a land -disturbing activity in a HQW zone within fifteen (15) working days or sixty
(60) calendar days following completion of construction or development, whichever period is
shorter.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5.9. Stormwater outlet protection.
(a) Intent Stream banks and channels downstream from any land disturbing activity shall be
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protected from increased degradation by accelerated erosion caused by increased velocity of
runoff from the land disturbing activity.
(b) Performance standard. Persons shall conduct land -disturbing activity so that the post
construction velocity of the ten-year storm runoff in the receiving watercourse to the discharge point
does not exceed the greater of:
(1) The velocity established by the maximum permissible velocities table set out within this
subsection; or
(2) The velocity of the ten-year storm runoff in the receiving watercourse prior to
development.
If condition (1) or (2) of this paragraph cannot be met, then the receiving watercourse to and including the
discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity
exceeds the "prior to development" velocity by ten (10) percent.
Maximum Permissible Velocities Table
The following is a table for maximum permissible velocity for stormwater discharges in feet per
second (F.P.S.) and meters per second (MP.S.):
TABLE INSET:
Material
F.P.S.
UP.S.
Fine sand (noncolloidal)
2.5
.8
Sandy loam (noncolloidal)
2.5
.8
Silt loam (noncolloidal)
3,0
.9
Ordinary firm loam
3.5
1.1
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
5.0
1.5
Graded, loam to cobbles (noncolloidal)
5.0
1.5
Graded, silt to cobbles (Colloidal)
5.5-
1.7
Alluvial sifts (noncolloidal)
3.5
1.1
Alluvial silts (colloidal)
5.0
1.5
Coarse gravel (noncolloidal)
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society
of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable
velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous
channels.
(c) Acceptabte management measures. Measures applied alone or in combination to satisfy the
intent of this section are acceptable if there are no objectionable secondary consequences. The
city recognizes that the management of stormwater runoff to minimize or control downstream
channel and bank erosion is a developing technology. Innovative techniques and ideas will be
considered and may be used when shown to have the potential to produce successful results.
Some alternatives, while not exhaustive, are to:
(1) Avoid increases in surface runoff volume and velocity by including measures to
promote infiltration to compensate for increased runoff from areas rendered impervious;
(2) Avoid increases in stormwater discharge velocities by using vegetated or roughened
swales and waterways in place of closed drains and high velocity paved sections:
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(3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge;
(4) Protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion -resistant lining-, and
(5) Upgrade or replace the receiving device structure, or watercourse such that It will
receive and conduct the flow to a point where it is no longer subject to degradation from the
Increased rate of flow or increased velocity.
(d) Exceptions. This rule shall not apply where it can be demonstrated to the city that stormwater
discharge velocities will not create an erosion problem in the receiving watercourse.
(Ord. No. 06-32, 7-16-06)
Sec_ 31.5-10. Borrow and waste areas.
When the person conducting the land -disturbing activity is also the person conducting the borrow
or waste disposal activity, areas from which borrow is obtained and which are not regulated by the
provisions of the Wing Act of 1971, and waste areas for surplus materials other than fandfslts regulated by
the department's division of waste management shall be considered as part of the lancl4sturNng activity
where the borrow material is being used or from which the waste material originated, When the person
conducting the land -disturbing activity is not the person obtaining the borrow and/or disposing of the waste,
these areas shall be considered a separate land -disturbing activity.
(Ord. No. 06-32. 7-18-06)
0 Sec. 31.5-11. Access and haul roads.
Temporary access and haul roads, other than public roads, constructed or used in connection with
any land -disturbing activity shall be considered a part of such activity.
(Ord. No. 06-32, 7-18-06) --
Sec. 31.5-12. Operations In lakes or natural watercourses.
Land disturbing activity in connection with construction In, on, over, or under a lake or natural
watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation
of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary
changes in the stream flow characteristics.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5.13. Responsiblltty for maintenance.
During the deveiopment of a site, the person conducting the land -disturbing activity shall install and
maintain all temporary and permanent erosion and sedimentation control measures as required by the
approved plan or any provision of this chapter, the Act, or any order adopted pursuant to this chapter or the
Act. After site development, the landowner or person in possession or control of the land shall install and/or
maintain all necessary permanent erosion and sediment control measures, except those measures
installed within a road or street right-of-way or easement accepted for maintenance by a governmental
agency.
(Ord. No. 06-32, 7-1&06)
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Sec. 31.5-14. Additional measures.
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Whenever the city determines that significant erosion and sedimentation is occurring as a result of
land -disturbing activity, despite application and maintenance of protective practices, the person conducting
the land -disturbing activity will be required to and shall take additional protective action.
(Ord. No. 06-32, 7-16-06)
Sec. 31.5-15. Existing uncovered areas.
(a) Al uncovered areas existing on the effective date of this ordinance which resulted from land -
disturbing activity, exceed one (1) acre, are subject to continued accelerated erosion, and are
causing off -site damage from sedimentation, shall be provided with a ground cover or other
protective measures, structures, or devices sufficient to restrain accelerated erosion and control
off -site sedimentation.
(b) The city shall serve upon the landowner or other person in possession or controt of the land:a
written notice to comply with the Act, this chapter, a rule or order adopted or issued pursuant to the
Act by the commission or by the city. The notice to comply shall be sent by registered or certified
mail, return receipt requested, or other means provided in G.S. § 1A-1, Rule 4. The notice will set
forth the measures needed to comply and will state the time within which such measures must be
completed. In determining the measures required and the time allowed for compliance, the
authority serving notice shall take into consideration the economic feasibility, technology, and
quantity of work required, and shall sot reasonable and attainable time limits of compliance.
(c) The city reserves the right to require preparation and approval of a plan in any Instance where
extensive control measures are required.
(d) This rule shall not require ground cover on cleared land forming the future basin of a planned
reservoir.
(Ord. No, 06-32, 7-18-06)
Sec.31.6-16, Fees.
(a) The city may establish a fee schedule for the review and approval of plans.
(b) In establishing the fee schedule, the city shall consider the administrative and personnel costs
incurred for reviewing the plans and for related compliance activities.
(Ord. No. 06-32, 7-18-06)
Sec. 31.5-17. Plan appeals.
(a) Except as provided in subsection 31.5-17(b) of this chapter, the appeal of a disapproval or
approval with modifications of a soil erosion and sedimentation control plan shall governed by the
following provisions;
(1) The disapproval or modification of any proposed plan by the city shall entitle the person
submitting the plan to a pubtic hearing if such person submits written demand for a hearing
within fifteen (15) days after receipt of written notice of disapproval or modifications.
(2) A hearing held pursuant to this section shall be conducted by the city council within
forty-five (45) days after the date of the appeal or request for a hearing.
0 (3) The city council will render its final decision on any plan within twenty (20) days of the
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date of the hearing.
(4) If the city council upholds the disapproval or modification of a proposed plan following
the hearing, the person submitting the ptan shall then be entitled to appeal the city's decision
to the commission as provided in G_S. § 113A-61(c) and 15A NCAC 4B .0118(d)
(b) In the event that a plan is disapproved pursuant to subsection 31.5-6(i) of this chapter, the
applicant may appeal the city's disapproval of the plan directly to the commission.
(Ord. No. O6-32, 7-1M6)
Sec. 31.5.18. Inspections and Investigations.
(a) Inspection. Agents, officials, or other qualified persons authorized by the city will periodically
inspect land -disturbing activities to ensure compliance with the Act, this chapter, or rules or orders
adopted or issued pursuant to this chapter, and to determine whether the measures required in the
plan are effective In controlling erosion and sedimentation resulting from land -disturbing activity.
Notice of the right to inspect shall be included in the certificate of approval of each plan.
(b) Willful resistance, delay or obstruction. No person shall wlllfuliy resist, delay, or obstruct an
authorized representative, employee, or agent of the city while that person is Inspecting or
attempting to inspect a land -disturbing activity under this section.
(c) Notice of violation ti the city determines that a person engaged in land -disturbing activity has
failed to comply with the Act, this chapter, or rules, or orders adopted or issued pursuant to this
chapter, a notice of violation shall be served upon that person. The notice may be served by any
means authorized under G.S. § 1A-1, Rule 4. The notice shall specify a date by which the person
must comply with the Act, or this chapter, or rules, or orders adopted pursuant to this chapter, and
inform the person of the actions that need to be taken to comply with the Act, this chapter, or rules
or orders adopted pursuant to this chapter. Any person who fails to comply within the time specified
is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. §
113A-64 and this chapter.
(d) Investigation. The=.city shall have the power to conduct such investigation as-it_may
reasonably deem necessary to cant' out Its duties as prescribed in this chapter, and for this
purpose to enter at reasonable times upon any property, public or private, for the purpose of
investigating and inspecting the sites of any land -disturbing activity.
(e) Statements and reports. The city shall also have the power to require written statements, or
filing of reports under oath, with respect to pertinent questions rotating to land4sturbing activity.
(Ord. No. 06-32, 7-1M6)
Sec. 31.5-19. Penalties.
(a) Civil penalties.
(1) CW penatty for a violation. Any person who violates any of the provisions of this
chapter, or rule or order adopted or issued pursuant to this chapter, or who initiates or
continues a land -disturbing activity for which a plan is required except in accordance with
the terms, conditions, and provisions of an approved plan, is subject to a civil penalty. The
maximum civil penalty amount that the city council may assess per violation is five
thousand dollars ($5,000.00). A civil penalty may be assessed from the date of the violation.
Each day of a continuing violation shall constitute a separate violation.
(2) Civil penalty assessment factors. The city council of the city shall determine the
amount of the civil penalty based upon the following factors-
a. The degree and extent of harm caused by the violation,
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b. The cost of rectifying the damage,
c. The amount of money the violator saved by noncompliance,
d. Whether the violation was committed willfully, and
e. The prior record of the violator in complying of failing to comply with this chapter.
(3) Notice of civil penalty assessment. The city council of the city shall provide notice of
the civil penalty amount and basis for assessment to the person assessed. The notice of
assessment shall be served by any means authorized under G.S. § 1A-1, Rule 4, and shall
direct the violator to either pay the assessment or contest the assessment, within thirty (30)
days after receipt of the notice of assessment, by written demand for a hearing.
(4) Hearing. A hearing on a civil penalty shall be conducted by the city council within forty-
five (45) days after the date of the written demand for the hearing.
(5) Final decision, The city council shall render its final decision on the civil penalty within
twenty (20) days of the receipt of the recommendation from the agency.
(6) Appeal of final decision. Appeal from the final decision of the city council shall be to the
superior court of the county where the violation occurred.
(7) Collection. If payment is not received within thirty (30) days after 0 Is due, the city may
institute a civil action to recover the amount of the assessment. The civil action may be
brought in the superior court of the county where the violation occurred. Such civil actions
must be filed within three (3) years of the date the assessment was due. An assessment
that is not contested is due when the violator is served with a notice of assessment. An
assessment that is contested is due at the conclusion of the administrative and judicial
review of the assessment.
(8) Credit of civil penalties. Civil penalties collected pursuant to this chapter shall be
credited to the general fund of the city as nontax revenue.
(b) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter,
or rule or order adopted ar issued pursuant to this chapter, or who knowingly or willfully initates or
continues a land -disturbing activity for which a plan is required except in accordance with the
terms, conditions, and provisions of an approved plan, shall be guilty of a class 2 misdemeanor
which may included a fine not to exceed five thousand dollars ($5,000.00) as provided in G.S. §
113A-64.
(Ord. No. 06-32. 7-18-06)
Sec. 31.5-20. Injunctive relief.
(a) Violation of local program. Whenever the city council has reasonable cause to believe that any
person is violating or threatening to violate any ordinance, rule, regulation or order adopted or
issued by the city, or any term, condition, or provision of an approved plan, it may, either before or
after the institution of any other action or proceeding authorized by this chapter, institute a civil
action in the name of the city for injunctive relief to restrain the violation or threatened violation. The
action shall be brought in the superior court of the county in which the violation is occurring or is
threatened.
(b) Abatement of vidation, Upon determination by a court that an alleged violation is occurr'mg 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 reiieve any party to the proceedings from any
civil or criminal penalty prescribed for violations of this chapter.
0 (Ord. No. 06-32, 7-18-06)
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Sec. 31.5-21. Restoration after non-compliance.
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The city may require a person who engaged in a land -disturbing activity and failed to retain
sediment generated by the activity, as required by G.S. § 113Ar57(3), to restore the waters and land
affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation.
This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this
chapter.
(Ord. No. 06-32, 7-18-06)
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APPENDIX B FLOOD DAMAGE PREVENTION ORDINANCE`
'Editor's note: Appendix B is derived from Ord. No. 06-38, enacted August 15, 2006, such ordinance
being treated as a replacement of former app. B, arts. 1-6, which pertained to the National Flood
Insurance Flood Damage Prevention Ordinance. For derivation of former app. B, please see the Code
Comparative Table. Words appearing in brackets [ ] have been added by the editor for clarity; obvious
misspellings have been corrected without comment. Amendments to Ord. No. 07-25 will be indicated by
history notes in parentheses following the affected sections. Additionally, a system of numbering and
lettering to distinguish articles, sections and subsections has been employed at the editor's discretion. It is
the editors Intention to match as closely as possible the style of the previous appendix,
Non -Coastal Regular Phase
Article t. Statutory Authorization, Findings Of Fact, Purpose And Objectives
Section Statutorvauthorization,
Section B. Flndinas of fact
Section C. Statement of purpose.
Section D. Obieetiws,
Article 2. Definitions.
Article 3, General Provisions
Section A Lands to which this ordinance aoolies.
Section B. Basis for establishino the Special Flood Hazard Areas.
SectionQ. EstatlishmentofFloodplainDevelop mentPerm iL
Section D. compliance.
Sectio�r E. Abroaation and -greater restrictions.
Section F. Intemretation.
SeclionG. Warrinn and disclaimer of liablilty.
Section H. Penalties forviolation.
Arrticls 4. Administration Y
Section A Deslanation of Ftoodotain Administrator.
Section B. Floodplain Development Application,, Pemitan,d Q2ttification requirements.
Section C. Duties and Responsibilities ofthe Floodplain Administrator.
Section D. Corrective Procedurer,.
Section E. Variance Procedures,
Article 5. Provisions For Flood Hazard Reduction.
Section A_General Standards,
Section B. SpecificStandards,
Section C. Standards forRoodplains without Established Base Flood Elevations.
Sedon Q. 5tandarda forRkmring Floodolains with BFE butwithout Established Floodways orNon-Encroachment
Areas.
Section E. Floodwoo and Non -Encroachment Areas.
S_ection_F. Standards for Areas of Shallow Floodino (Zone AD).
Section G. Unmapped Streams where Re-gulatory Flood Elevations or Roodways hate not been provided.
Section H, Exceptions,
Mete S. Legal Status Provisions
Section A_EjieZon Righlg and_Liabilities under the EAstno Flood Damage Prevention Ordinance,
Section B. Effect upon Outstanding Floodplain Derekpment:PerMils.
Section C, Effective Date.
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ARTICLE 1. STATUTORY AUTHORLZATION, 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 163P; 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 of its citizenry. Therefore, the City of Burlington, North
Carolina, does ordain as follows:
Section B. Findings of fact.
The flood prone areas within the jurisdiction of the City of Burlington 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 rellef, and impairment of
the tax base, all of which adversely affect the public health, safety, and general welfare.
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 article 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 cl vert flood
waters or which may increase flood hazards to other lands.
Section D. Objectives.
The objectives of this ordinance are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and
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generally undertaken at the expense of the general public;
(4) To minimize prolonged business losses and Interruptions;
(5) To 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) To help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
(7) To ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
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ARTICLE 2. DEFINITIONS.
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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 its 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 barns, 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.
Appeal means a request for a review of the floodpiain administratof's interpretation of any provision
of this ordinance.
Area of Shallowl7boding means a designated Zone AO on a community's Flood Insurance Rate
Ni (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)."
Basement means any area of the building having its floor subgrade (below ground level) on all
sides.
Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any
given year.
Base Flood Elevation (BFE) means a determination of the water surface elevations of the base
Rood 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 or State orother
source using FEMA approved engineering methodologies. This elevation, when combined with the
Freeboard", establishes the "Regulatory Flood Protection Elevation".
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 chem[calty reactive products.
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.
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 meads a non basement building which has its lowest elevated floor raised above
ground level by foundation wails, shear walls, pasts, piers, pilings, or columns.
Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures or
development into a fioodplain, which may impede or alter the flow capacity of a floodplain.
Existing Manufactured Home Park or Manufactured Home Subdivision means a manufactured
home parts 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 original
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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:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
Flood Boundary and Floodwey Map (FBFM) means an official map of a community, issued by the
Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are
delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance
Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the Special Flood Lazard Areas have
been defined as Zone A
Flood Insurance means the insurance coverage provided under the National Flood Insurance
Program.
Flood Insurance Rate Map (FIRM) means an official map of a community, issued by the Federal
Emergency management Agency, on which both the Special Flood Hazard Areas and the risk premium
zones applicable to the community are delineated.
Flood Insurance Study (FIS) 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 Federal Emergency Management Agency. The Flood Insurance Study
report includes Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFNts), if
published.
0 Flood Prone Area. See "Fbodplain."
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 Management means the operation of an overall program of correct'1Ve 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.
Floodplain Management Regulations means this ordinance and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances, and other
applications of police power which control development in flood -prone areas. This term describes federal,
state or local regulations, in any combination thereof, which provide standards for preventing and reducing
flood loss and damage.
Floodpnoofrng 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.
FloodAey means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one (1) foot.
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.
Freeboard means the height added to the Base Flood Elevatlon (BFE) to account for the many
unknown factors that could contribute to flood heights greater that the height calculated for a selected size
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flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization on the watershed. The Base Flood Elevation plus the freeboard establishes the "Regulatory
Flood Protection Elevation".
Functionally Dependent Facility means a facility which cannot be used for its intended purpose
unless It is located in close proximity to water, such as a docking or port facility necessary for the loading
and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
Hazardous Waste Facility means, as deflned 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 wails 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 tnterior as contributing to the
historical significance cf 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.
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 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.
Mears Sea Level means, for purposes of this ordinance, the National Geodetic Vertical Datum
(NGVD) as corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other
vertical control datum used as a reference for establishing varying elevations within the floodplain, to which
Base Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine
datum used.
0 NowConstructron means structures for which the "start of construction" commenced on or after
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the effective date of the original version of the community's Flood Damage Prevention Ordinance and
includes any subsequent improvements. to such structures.
Non -Encroachment Area mearts the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot as designated in the Flood Insurance Study report.
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 Nfap for the area.
Pro -FIRM means construction or other development for which the "start of construction" occurred
before the effective date of the initial Flood Insurance Rate Map for the area.
Principally Above Ground means that at least 51% of the actual cash value of the structure is
above ground.
Public Safety andlor 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:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by alight duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Reference Level is the top of the lowest floor for structures within Special Flood Hazard Areas
designated as Zane Al-A30, AE, A, A99 or AO.
Regulatory Flood Protection FJevation 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 Rood 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 deduce 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.
Salvage Yard means any non-residential property used for the storage, collection, andlor recycling
of any type of equipment, and including but not limited to vehicles, appliances and related machinery.
Solid Waste Disposal Facility means, as defined in NCGS 130A-290(a)(35), any facility involved in
the disposal of solid waste.
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 (1%) percent
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
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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 its 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 Improvement 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 perfarmed. 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.
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 mean sea level, 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.
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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 the
Extra -Territorial Jurisdiction (ETJ) of the City of Burlington and within the jurisdiction of any other
community whose governing body agrees, by resolution, to such applicability.
Section B. Basis for establishing the Speclal 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 Flood Insurance Study (FIS) and its
accompanying Flood insurance Rate Maps (FIRK, for Alamance County dated September 6, 2006, which
are adopters by reference and declared to be a part of this ordinance.
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 Article 3, Section B of this ordinance.
Section D. Compliance.
No structure or land shall hereafter be located, extended, converted, a€tered, 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 casements, 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:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under State statutes,
Sectlon 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
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flood heights may be increased by man-made or natural causes. This ordinance does not imply that land
outside the Special I^lood 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 City of Burlington 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_
Any person who shall fail to comply with this ordinance and with any of its requirements, including
violation of conditions and safeguards established in connection with grants of variance or special
exceptions, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding five hundred dollars ($500) as provided by North Carolina General Statutes, Section 14-4.
Additionally, any violation of this section shall subject violators to a civil penalty in the amount of five
hundred dollars ($500) per day. Violators shall pay the penalty to the City Tax Colloctor's office within ten
(10) days of receipt. The failure of such violators to pay the civil penalty within the specified time shall
subject such violators to a civil action to collect all penalties and costs for said violation, and any civil
penalty not timely paid shall carry an additional late payment penalty of one hundred dollars ($100).
Continuing violations shall subject violators to separate, distinct and successive civil penalties.
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ARTICLE 4. ADMINISTRATION
Section A Designation of Floodplain Administrator.
The Director of Inspections, hereinafter referred to as the "Floodplain Administrator," is hereby
appointed to administer and implement the provisions of this ordinance.
Section B. Floodplain Development Application, Permit and Certification requirements.
(a) Application requirements. 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:
(1) A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed Floodplain development:
a. 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;
b. 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;
c. Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood reap as determined in Article 3, Section B;
d. The boundary of the floodway(s) or non -encroachment ar' s) as determined in
Article 3, Section B;
e. The Base Flood Elevation (BFE) where provided asset forth in Article 3, Section
B; Article 4, Section C(11 & 12); or Article 5, Section D;
f. The old and new location of any watercourse that will be altered or relocated as a
result of proposed development;
g. Certification of the plot plan by a registered land surveyor or professional
engineer.
(2) Proposed elevation, and method thereof, of all development within a Special Flood
Hazard Area including but not limited to:
a. Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
b. Elevation in relation to mean sea level to which any non-residential structure in
Zone AE, A or AO will be flood -proofed; and
c. Elevation in relation to mean sea level to which any proposed utility systems will
be elevated or floodproofed;
(3) If floodproofing, a Floodproofing Cerftate(FEMA Form 81-65) with supporting data
and an operational plan that includes, but is not limited to, installation, exercise, and
maintenance of floodproofing measures.
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(4) A Foundation Plan, drawn to scale„ which shall include details of the proposed
foundation system to ensure ali provisions of this ordinance are met. These details include
but are not limited to:
a. The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid bacldilled foundation, open foundation on
cotumnslpostslpierslpileslshear walls);
b. Openings to facilitate equalization of hydrostatic flood forces on walls in
accordance with Article 5, Section B(4)(d), when solid foundation perimeter wells
are used in Zones A, AO, AE, and Al-30;
(5) Usage details of any enclosed areas below the regulatory flood protection elevation.
(6) 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;
(7) Copies of all other Local, State and Federal permits required prior to floodplain
development permit issuance (Wetlands, Endangered Species, Erosion and Sedimentation
Control, Riparian Buffers, Mining, etc,)
(8) Documentation for placement of Recreational Vehicles and/or Temporary Structures,
when applicable, to ensure Article 5, Sections 13(6 & 7) of this ordinance are met.
(9) 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.
(b) Permit requirements. The Floodplain Development Permit shall include, but not be limited to:
(1) A description of the development to be permitted under the floodplain development
permit
(2) The Special Flood Hazard Area determination for the proposed development per
available data specified in Article 3, Section B.
(3) The regulatory flood protection elevation required for the reference level and all
attendant utilities.
(4) The regulatory flood protection elevation required for the protection of all public utilities.
(5) All certification submittal requirements with timelines.
(6) A statement that no fill material or other development shall encroach Into the floodway
or non -encroachment area of any watercourse, as applicable.
(7) The flood openings requirements, if in Zones A, AO, AE or Al-30.
(8) Limitations of below BFE enclosure uses (if applicable). (Le- Parking, Building Access
and Limited Storage only).
(c) CertiBcaffon requirements.
(l) Elevation Certificates. An Elevation Certificate (FEMA Form 81-31) is required prior to
the actual start of any new constructlon. 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
mean sea level. 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.
An Elevation Certificate (FEPAA Form 81-31) is required after the reference level is
established. Within seven (7) calendar days of establishment of the reference level
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elevation, it shall bo the duty of the permit holder to submit to the floodplain administrator a
certification of the elevation of the reference level, In relation to mean sea level. Any work
done within the seven (7) day calendar period and prior to submission of the certification
shall be at the permit holder's risk. The floodplain administrator shall review the certificate
data submitted. Deficiencies detected by such review shall be corrected by the permit
holder Immediately and prior to further work being permitted to proceed. Failure to submit
the certification or failure to make required corrections shall be cause to issue a stop -work
order for the project.
A final as -built Elevation Certificate(FEMA Form 81-31) is required after construction is
completed and prior to Certificate of Compliance/Occupancy Issuance_ It shall be the duty
of the permit holder to submit to the 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
CompPance/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 Certifcate of
Com pl lanc elOccupancy.
(2) Floodproofing Cerffficate. If non-residential floodproofing is used to meet the regulatory
flood protection elevation requirements, a Floodproofing Certificate (FEI+M Form 81-65),
with supporting data and an operational plan, is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit to the floodplain administrator
a certification of the floodproofed design elevation of the reference level and all attendant
utilities, in relation to mean sea level. Floodprooflng 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 and plan. Deficiencies detected
by such review shall be corrected by the applicant prior to permit approval. Failure to submit
the certification or failure to make required corrections shall be cause to deny a floodplain
development permit. Failure to construct in accordance with the certified design shall be
cause to withhold the issuance of a Certificate of Compliance/Occupancy.
If a manufactured home is -placed within Zone A, A0, AE, or Al-30 and the elevation of the-7--
chassis is more than 36 inches in height above grade, an engineered foundation
certification is required per Article 5, Section B(3).
If a watercourse is to be altered or relocated, a description of the extent of watercourse
alteration or relocation; a professional engineees 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.
(3) Certification Exemptions. The following structures, If located within Zone A, AO, AE or
Al-30, are exempt from the elevation/floodproofing certification requirements specified in
items (a) and (b) of this subsection:
a. Recreational Vehicles meeting requirements of Article 5, Section B(6)(a);
b. Temporary Structures meeting requirements of Article 5, Section 13(7); and
c. Accessory Structures less than 150 square feet meeting requirements of Article
5, section B(B).
Section C. Duties and Responsibilities of the Floodplain Administrator.
The Floodplain Administrator shalt perform, but not be limited to, the following duties:
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(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) Advise permittee that additional Federal or State permits (Wetlands, Endangered
Species, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.) may be
required, and require that copies of such permits be provided and maintained on file with the
floodplain development permit.
(3) Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency (FEMA).
(4) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood -carrying capacity is not diminished.
(5) Prevent encroachments into floodways and non -encroachment areas unless the
certification and flood hazard reduction provisions of Article 5, Section E are met.
(6) Obtain actual elevation (in relation to mean sea level) of the reference level (including
basement) and all attendant utilities of all new or substantially improved structures, in
accordance with Article 4, Section B(3).
(7) Obtain actual elevation (in relation to mean sea level) to which all new and substantially
improved structures and utilities have been floodproofed, in accordance with Article 4,
Section B(3).
(8) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance
with Article 4, Section B(3).
(9) When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with Article 4, Section B(3) and
Article 5, Section 8(2).
(10) Where interpretation is needed as to the exact location of boundaries of the Special
Flood hazard 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 Base Flood Elevation (BFE) data has not been provided in accordance with
Article 3, Section B, obtain, review, and reasonably utilize any Base Flood Elevation (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 1)(2)(b), in
order to administer the provisions of this ordinance.
(12) When Base Flood Elevation (BFE) data is provided but no floodway nor non -
encroachment area data has been provided in accordance with 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 ground elevation of a parcel or structure in a Special Flood Hazard
Area is above the Base Flood Elevation, advise the property owner of the option to apply for
a Letter of Map Amendment (LOMA) from FEMk Maintain a copy of the Letter of Map
Amendment (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.
(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
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inspections of the work as may be necessary to ensure that the work is toeing dome
according to the provisions of the local ordinance and the terms of the permit In exercising
this power, the floodplain administrator 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 the work. The stop -work order shall state the
speck 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 floodplaln 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, or specifications; for refusal or
failure to comply with the requirements of State or local laws; or for false statements or
misrepresentations made in securing the permit. Any floodplain development permit
mistakenly issued In violation of an applicable State or local law may also be revoked.
(18) Make periodic inspections throughout all 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 jurisdicton 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, the FIS Report, FIRM
and other official flood maps and studies adopted in accordance with Article 3, Section B of
_ ails 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-F) and Letters of Map Revision (LOUR),
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 Faiiuro to Take Cornectrva 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:
(a) That the building or property is in violation of the Flood Damage Prevention Ordinance;
(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 Beard in person or by counsel and to present arguments and evidence
pertaining to the matter; and,
Is(c) That following the hearing, the floodplain administrator may issue an order to after,
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vacate, or demolish the building; or to remove fill as appears appropriate.
(3) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed
above, the floodplain administrator shall find that ttse building or development is in violation of the
Flood Damage Prevention Ordinance, they snail issue an order in writing to the owner, requiring the
owner to remedy the violation within a specified time period, not less than sixty (60) calendar days,
nor more than one -hundred -eighty (180) calendar days. Where the floodplain administrator finds
that there is imminent danger to life or other property, they may order that corrective action be taken
in such lesser period as may be feasible.
(4) Appeat 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. to 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.
(b) Failure to Comply Kith 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 misdemeanor and shall be
punished at the discretion of the court.
Section E. Variance Procedures,
(1) The City Council of the City of Burlington, 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 dependant facilities if determined to meet the definition as stated in Article 2
of this ordinance, provided provisions of Article 4, Section E(8)(b), (c), and (e) have been
satisfied, and such facilities are protected by methods that minimize flood damages.
(c) any other type of development, provided it meets the requirements stated in 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 Hood damage and the
effect of such damage on the individual owner;
(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 dependant 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;
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(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 Was of flood for ordinary and emergency
vehicles;
0) 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 of this ordinance.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be
built and that such construction below the Base Flood Elevation increases risks to life and property,
and that the issuance of a variance to construct a structure below the Base Flood Elevation will
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.
(6) The floodplain administrator shag maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency and the State of North Carolina upon
request.
(9) Conditions for Variances:
(a) Variances shag 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:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional
hardship; and
3. 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.
(10) A variance maybe issued for solid waste disposal facilities, 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.
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(c) The reference level of any structure is elevated or fioodproofed to at ieast the reguiatory
Nord protection elevation.
(d) The use complies with all other applicable Federal, State and local laws.
(e) The City of Burlington has notified the Secretary of the North Carolina Department of
Crime Control and Public Safety of its intention to grant a variance at least thirty (30)
calendar days prior to granting the variance.
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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) .Ail new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(3) All new construction and substantial Improvements shall be constructed by methods
and practices that minimize flood damages.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service
facilities shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding. These include, but are
not limited to, HVAC equipment, water softener units, bathlkitchen fixtures, ductwork,
electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers,
refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches.
(5) Ali 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.
(8) Any alteration, repair, reconstruction, or improvements to a structure, which is in
compliance with the provisions of this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
(9) 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 protided that such repair, reconstruction,
or replacement meets all of the other requirements of this ordinance.
(10) 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 according to Article 4, Section B(3) of this ordinance.
(11) All subdivision proposals and other development proposals shall be consistent with
the need to minimize flood damage.
(12) 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.
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(13) All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(14) 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.
Section B. Specific Standards.
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been provided, as
set forth in Article 3, Section B, or Article 4, Section C(11 & 12), the following provisions, In addition to
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 A, AE and Al-30 Zones may be
floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all
areas of the structure, together with attendant utiltty 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
40 hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO pones, the
floodproofing elevation shall be in accordance with Article 5, Section H(3). A registered
professional engineer or architect shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in
Article 4, Section 13(3), along with the operational and maintenance plans.
(3) Manufactured Homes.
(a) New or 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.
(b) Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement, either by engineer
certification, 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 thirty-six (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 thirty-six (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)(a), (b), and (c)..
(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.
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(a) Fully enclosed area, of new construction and substantially improved structures,
which is below the lowest floor:
1. Shall not be designed or used for human habitation, but shall only be
used for panting of vehicles, building access, or limiiod 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;
2. Shall be constructed entirely of flood resistant materials below the
regulatory flood protection elevation;
3. Shall include, in Zones A, AO, AE, and Al-34, 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;
(b) A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
(c) 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;
(d) If a building has more than one enclosed area, each enclosed area must have
flood openings to allow floodwaters to automatically enter and exit;
(a) The bottom of all required flood openings shall be no higher than one (1) foot
above the adjacent grade;
(f) 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
(g) 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) AddifionOmprovements.
(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:
1. 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.
2. A substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new construction.
(b) Additions to post -FIRM structures with no modifications to the existing structure
other than a standard door in the common wall shall require only the addition to
comply with the standards for new construction.
(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:
0 1. Not a substantial improvement, the addition and/or improvements only
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must comply with the standards for new construction.
2. A substantial Improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new construction.
(d) Where an Independent perimeter load -bearing wall is provided between the
addition and the existing building, the addition(s) shall be considered a separate
building and only the addition must comply with the standards for new construction.
(6) Recreational Vehicles. Recreational vehicles.shall either:
(a) Be on site for fewer than 180 consecutive days and be fully licensed and ready
for highway use (a recreational vehicle is ready for highway use tf it is on its wheels
or jacking system, is attached to the site only by quick disconnect type utilities, and
has no permanently attached additions); or
(b) Meet all the requirements for new construction.
(7) Temporary 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 structures) 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 months, renewable up to one 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 uponflood
warning notification);
(d) A copy of the contractor other suitable instrument with the entity responsible for
physical removal of the structure; and
(e)-:7'�-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;
(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 Article 5,
Section A(1);
(f) All service facilities such as electrical shall be installed in accordance with
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
Article 5, Section B(4)(c)..
(h) An accessory structure with a footprint less than 150 square feet that satisfies
the criteria outlined above does not require an elevation or floodproofing certficate.
Elevation or tloodprooflng certifications are required for all other accessory
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structures in accordance with Article 4, Section B(3).
Section C. Standards for Floodplains without Established Base Flood Elevations.
sj"erA 5A4 An
Within the Special Flood Hazard Areas designated as Approximate Zone A and established in
Article 3, Section B, where no Fuse Flood Elevation (BFE) data has been provided by FEMA, the following
provisions, in addition to Article 5. Sections A and B, 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 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 one of the following criteria set in priority order:
(a) if Base Flood Elevation (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 4, Section C(11 & 12).
(b) All subdivision, manufactured home park and other development proposals
shall provide Base Flood Elevation (BFE) data if development is greater than five (5)
acres or has more than fifty (50) lots/manufactured home sites. Such Base Flood
Elevation (BFE) data shall be adopted by reference per Article 3, Section B to be
utilized in implementing this ordinance.
(c) When Base Flood Elevation (BFE) data is not available from a Federal, State,
or other source as outlined above, the reference level shall be elevated to or above
the regulatory flood protection elevation, as defined in Article 2.
Section D. Standards for Riverine Floodplains with BFE but without Established
Floodways or Non -Encroachment Areas.
Along rivers and streams where BFE data is provided 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 outlined in 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 bya
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 foot at any
point within the community.
Sectlon E. 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, Sectton B, The floodways and non -encroachment areas are
isextremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris
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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:
(1) No encroachments, including fill, new construction, substantial improvements and
other developments shall be permitted unless it has been demonstrated that: The proposed
encroachment would not result in any increase in the flood levels during the occurrence of
the base flood, based on hydrologic and hydraulic analyses performed in accordance with
standard engineering practice and presented to the floodptain administrator prior to
issuance of floodplain development permit, or a Conditional Letter of Map Revision
(CLOMR) has been approved by FEMk A Letter of Map Revision (LOMR) must also be
obtained upon completion of the proposed encroachment.
(2) 9 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 no encroachment standard of Article 5, Section F(1).
Section F. 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, Section A, 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_ two feet above the highest adjacent grade plus a
freeboard of two (2) feet 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 H(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 as per
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 G. Unmapped Streams where Regulatory Flood Elevations or Floodways have not
been provided.
The following governs setbacks for planned construction activities adjacent to small, unmapped
streams. Provisions of the stormwater and floodptain ordinances overlap, and both ordinances may apply
to development and/or construction along small unmapped streams.
The stormwater ordinance, adopted on May 31, 2007, requires compliance with the federal Phase II
Stormwater regulations promulgated pursuant to the Federal Water Pollution Control Act of 1972.
. Said stormwater ordinance provides for special setbacks from small unmapped streams if new
development and/or construction activities will result in a disturbed area of one acre or more. Under the
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provisions of the stormwater ordinance, a thirty feet wide undisturbed buffer area shall be maintained along
each side of small unmapped streams, and structures and/or impervious surfaces cannot be constructed
for a'perpendicular distance of twenty feet from the said buffer line.
For new development where the total area of disturbance is less than one acre and the drainage
area for the creek or stream adjacent to the planned construction is greater than 25 acres, the following
requirements shall apply:
(1) No building or fill material shall be located closer to the centerline of the adjacent
streambed than the distance determined by adding the distance Y from Table A below to
the average width of the streambed adjacent to the site.
TABLE A
TABLE INSET:
Area of Drainage Basin (Acres) Distance W (Feet)
25 to 100 15
101 to 200 20
201 to 400 25
400 to 640' 30
"Or limits of detailed flood study by FEMA
(2) The lowest floor, including basement, of residential structures shall be elevated not
less than two (2) feet above a reference elevation that is to be determined as follows:
a. The elevation of the lowest point where stormwater would overtop the curb,
pavement, fill material, etc. above the nearest downstream culvert pipe, bridge, dam,
etc. that crosses the adjacent stream shall be determined.
b. The reference elevation shall be the sum of the elevation determined in (a) above
plus the amount of the change in elevation of the streambed between a point
adjacent and perpendicular to the most. downstream point of the proposed structure
and the streambed at the downstream location used in (a) above.
(3) The lowest floor, including basement, of nonresidential structures shall be elevated not
less than two (2) feet above a reference elevation that is determined as follows, or together
with attendant utility and sanitary facilities be flood proofed to this required elevation.
a. The elevation of the lowest point where stormwater would overtop the curb,
pavement, fill material, etc. above the nearest downstream culvert pipe, bridge, dam,
etc. that crosses the adjacent stream shall be determined.
b. The reference elevation shall be the sum of the elevation determined In (a) above
plus the amount of the change in elevation of the streambed between a point
adjacent and perpendicular to the most downstream point of the proposed structure
and the streambed at the downstream location used in (a) above.
(4) This section shall not apply to streams, channels or drainage ways that serve as an
outlet for drainage basins that have a drainage area upstream from the proposed site of
less than twenty-five (25) acres.
(Ord. No. 08-10. § 2, 2-19-08)
Section H. Exceptions.
Exceptions to the provisions of Section H may be granted provided the following conditions are met:
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(1) The proposed project involves the expansion of an existing building.
(2) No part of the proposed expansion shall be closer to the adjacent streambed that the
perpendicular distance between the closest point of the existing structure and the adjacent
stream bed.
(Ord. No. 08-10, § 2, 2-19-08)
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ARTICLE 8. LEGAL STATUS PROVISIONS
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Section A. Effect on Rights and Liabilities underthe 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 on April 4, 1981, as amended, and it is not the intention to repeal but
rather to re-enact and continue to enforce without interruption of such e)osbng 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 aclion, suit or proceeding instituted or pending. Al provisions of the flood
damage prevention ordinance of the City of Burlington enacted on April 4, 1981, as amended, which are
not reenacted herein are repealed.
Section B. Effect upon Outstanding Fioodplain 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 floodplaln 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. Effective Date.
This ordinance shall become effective on September 6, 2006.
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APPENDIX D STORMWATER ORDINANCE"
`Editor's note: Appendix D is derived from Ord. No. 07-25, enacted ,June 19, 2007. Words appearing in
brackets [ have been added by the editor for clarity; obvious misspellings have been corrected without
comment. Amendments to Ord. No. 07-25 will be indicated by history notes in parentheses following the
affected sections.
Section 1: General Provfslons
1-1c1 Tibe
1-142 Aublority
1.103 Flndlnos
1-104 Purpose
1_106 &OIlcabilityandJurisdiction
11-106 Intamretayan
1-107 Design Manual,
1-108_ Relationship to Other laws. Reoulagons and PrlvateAareemenis
1-109„ Sayorabllity
1-110 Effective Date and Transitional PrmAslona
Section 2: Administlatlon And Procedures
2-201J3evsewand Decision -Making Entitles
202 Review Procedures
2-203 Aoolications for Approval
2-204 Auorowls
?3Q-6pAeals
2-206 Design Pi IonaI's CartificatoofQo(npiiance.As-BtAtPlans and Flne[Approval
Section 3: Standards
3-301 General Standards
3-302 Dew laoment_Standardfi(RrLow-Density Pmi4cts
3-303 Dewlopmentstand sforHigh-❑ensity facts
-- 3-304 _Undisturt>ed Buffer
3-305 Sandargsj2rStorm wntarCorini Wgrzures
3-306 Dedication of BFAP3, Facilities & Impro,,ements
a-307 Variances
3-306 Addibonat standards for spacial situat ons
3-3-R9 Qnsite wastewater
Section 4: hbintenance
4-401 General Standards for Maintenance
4402 Operation and Maintenance Pnrooniont
Irspec
4-404_ Performance Securttvfor Installation and Maintenance
4AU-Notice to owners
4-406 Recordg„Qf,ln,$lgl�lion and MaintonHnco _ ivi
4-407 Nuisance
4-408 Maintenance Easement
4-4 9 Existing Stru=Ml BMPs
Section 5: Enforcement And Motations
5-501 General
5.502 Remedies and Penalbes
5-503 Procedures
Section 6: Dafinitions
6-601 Terms Defined
Section 7: Illicit Discharges
7-701 II icit Discha:-ge§ and Connections
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SECTION 1: GENERAL PROVISIONS
1-101 Title
This ordinance shall be officially known as "The City of Burlington Stormwater Ordinance" It is
referred to herein as "this ordinance."
1-102 Authority
The Burlington City Council is authorized to adopt this ordinance pursuant to North Carolina law,
including but not fmited to Article 14, Section 5 of the Constitution of North Carolina; the Charter of the City
of Burlington; North Carotlna General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session taw 20C4-1633, Session Law 21306-246; Chapter 16CA, §§
174, 185.
1-103 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 It
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to federal Phase 11 requirements, compel
certain urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such
as those included in this ordinance_
Therefore, the City Council of the City of Burlington 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.
1-104 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 as well as illicit
discharges into municipal separate stormwater systems. 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.
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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'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 inspection of approved projects, and
to assure appropriate longterm maintenance;
(8) Coordinating site design plans that include open space and natural areas with City of
Budington open space and natural area protection plans, policies or ordinances;
(9) Controlling illicit discharges into the municipal separate stormwater system;
(10) Controlling erosion and sedimentation from construction activities per the City of -
Burlington Code of Ordinances Chapter 31.5 - Soil Erosion and Sedimentation Control;
(11) Assigning responsibility and processes for approving the creation and maintenance of
adequate drainage and flood damage prevention measures per the City of Burlington Code
of Ordinance Appendix B - Flood Damage Prevention Ordinance.
1-105 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,
subdivision applications, and land disturbing activity applications, unless exempt pursuant to
Subsection (B) of this Section, Exemptions.
(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.
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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) Map. The provisions of this ordinance shall apply within the areas designated on the map
titled 'Phase II Stormwater Map of City of Burlington, North Carolina" ("the Stormwater Map"), which
is being prepared at the time of adoption of this ordinance and shall be presented for adoption at the
time of completion. The 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 talcs into
account changes In the land area covered by this ordinance and the geographic location of a0 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 Worth
Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
1-106 Interpretation
(A) Meaning and Intent. A11 provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific purposes set forth in Section
104, Purpose. If a different or more specific meaning is given for a term defined elsewhere in the
Code of Ordinances of tiie City of Burlington, North Carolina, 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 Conftict. 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 1 e6 son 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 fie 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 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.
(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 City of Burlington, the deadline or required date of action shall
be the next day that is not a Saturday, Sunday or holiday observed by the City of Burlington.
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 the City of Burlington may be carried out by his or her designee.
(G) Usage.
(1) Mandatory and Discretionary Terns. The words "shall," 'must," and "wor 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 and events apply. The word "or" indicates that one or more of the connected
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items, conditions, provisions or events apply.
1128/10 5W AM
(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.
1-107 Design Manual.
(A) Reference to Design Manual. The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the Design Manual as the basis for
decisions about stormwater permits and about the design, implementation and performance of
structural and non-structural stormwater BNIPs.
The Design Manual inctudes' a list of acceptable stormwater treatment practices, including 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 Design Manual to Other Laws and Regulations. If the specifications or
guidelines of the 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 Design
Manual.
i(C) Changes to Standards and Specifications. If the standards, specifications, guidelines,
policies, criteria, or other information in the 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,
(D) Amendments to Design Manual. The Design Manual may be updated and expanded from
time to time, based on advancements in technology and engineering, improved knowledge of local
conditions, or local monitoring or maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be generally publicized and
made available for review, and an opportunity for comment by interested persons shall be provided.
1-108 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 taw. 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 requirements than such an easement, covenant, or other
private agreement, the requirements of this ordinance shalt 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 City of Burlington be
obligated to enforce the provisions of any easements, covenants, or agreements between private
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parties.
1-109 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall
tie 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.
1-110 Effective Date and Tranaltional (Provisions
(A) Effective Date. This Ordinance shall take effect on July 1, 2007.
(B) Final Approvals, Complete Applications. Al development and redevelopment projects for
which complete and full applications were submitted and accepted for review by the City of
Burlington Technical Review Committee prior to the effective date of this ordinance and which
remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or
redevelopment shalt/ be exempt from comptying 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, including but not limited to illicit discharge provisions.
A phased development plan shall be deemed approved prior to the effective date 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.
(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.
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SECTION 2: ADMINISTRATION AND PROCEDURES
2-201 Review and Decision -Making Entities
(A) Stonn%eterAdministrator.
(1) Designation. A Stormwater Administrator shall be designated by the Burlington City
Council to administer and enforce this ordinance.
(2) Po%ers and Duties. In addition to the powers and duties that may be conferred.by
other provisions of the Code of Ordinances of the City of Burlington and other laws, the
Stormwater Administrator shall have the following powers and duties under this ordinance:
(a) To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this ordinance.
(b) To make determinations and render interpretations of this ordinance.
(c) To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the City Council
on applications for development or redevelopment approvals.
(d) To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
(e) To maintain records, maps, forms, and other official materials relating to the
adoption, amendment, enforcement, and administration of this ordinance.
(f) To provide expertise and technical assistance to the City Council, upon request.
(g) To designate appropriate other person(s) who shall carry out the powers and
duties of the Stormwater Administrator.
(h) To take any other action necessary to administer the provisions of this
ordinance.
2-202 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
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 BW r. and elements
of site design for stormwater management other than structural BIVPs.
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 BWs 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 landowner or the landowner's duly authorized
agent.
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(D) Establishment ofApplication Requirements, Schedule, and Foes.
(1) Application Contents and Form. The Stormwater Administrator shall establish
requiremerrts for the content and form of all applications and shalt amend and update those
requirements from time to time. At a minimum, the stormwaler permit application shall
describe in detail how post -development storrnwater 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.
(3) Permit Review Fees. The City Council 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.
(4) 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 Design
Manual in an Administrative Manual, which shall be made available to the public,
(E) 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.
(F) Review Within 60 calendar days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application complies wlth 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 Stomnwater Administrator shalt notify the
applicant and shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
(3) Revision and Subsequent Review. A complete revised application shall be reviewed by
the Stormwater Administrator within 30 calendar 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.
2-203 Applications for Approval
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(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
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. Local watershed plans, open space and natural area protection plans, policies or
ordinances, 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 ConditionslProposed Site Plans. Eoasting 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 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 shalt be clearly shown on the plan.
(2) Natural Resources Inventory. A written or graphic inventory of 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,
fioodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic
setbacks, etc.). Particular attention should be paid to environmentally senstivve features that
provide particular opportunities or constraints for development and stormwater
management.
(3) Stormmfer Management System Concept Plan. A written or graphic concept plan of
the proposed post-dovelopment 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 floodplaMoodway limits; relationship of
site to upstream and downstream properties and drainages; and preliminary location of any
proposed stream channel modifications, such as bridge or culvert crossings.
(B) Technical Review Committee Submittal and Approval. The Stormwater Management System
Concept Plan and a separate maintenance plan shall be submitted to the Technical Review
Committee (TRC) prior to, or concurrent with, the TRC development plan submittal. The Technical
Review Committee shall be authorized to approve the Stormwater Management System Concept
Plan and separate maintenance plan If the Concept Plan and maintenance plan are both found to
be in conformance with this Ordinance.
(C) Stormmter Management Permit Application. The stormwater management perm'l
app€ication and Stormwater Management Plan shall detail how post -development stormwater runoff
will be controlled and managed and how the proposed project will meat 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
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stormwater management facilities and practices will control and treat runoff generated from one
Inch of rainfall over the total drainage area, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Design Manual, and that the designs and plans
ensure compliance with this ordinance.
The submittal of the Stormwater Management Plan and permit application shall occur after approval of the
Stormwater Management Concept Plan by the Technical Review Committee. The submittal shall include
construction drawings and any other information required in the submittal checldist established by the
Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section 2-202(E).
(D) Other Permits. No certificate of compliance or occupancy shall be issued by the City of
Burlington Inspections Department without final as -built plans and a final inspection and approval by
the Stormwater Administrator, except when a performance security is posted as allowed by
Sections 2-206 and 4-404, or where multiple units are served by the stormwater practice or
facilities, in which case the City of Burlington Inspections Department may elect to withhold permits
or certificates of occupancy until as -built plans are submitted and final inspection and approval has
occurred.
2-204 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, oneyear 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 applicants vested rights.
2-205 Appeals
(A) Right of Appeal.
(1) 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 City Council within 15 days after receipt of said
written decision, order, requirement, or determination.
(2) A public hearing held pursuant to this section shall be conducted by the City Council
within 45 days after the date of appeal or request for a hearing.
(3) The City Council will render its final decision on any appeal within 20 days of the date of
hearing.
(4) The decision of the City Council shall be subject to Superior Court review of the
proceedings in the nature of certiorari. All Superior Court review of City Council decisions
shall be performed by the Superior Court of Alamance County. Petition for review by the
Superior Court of Alamance County shall be filed with the Clerk of Superior Court of
Alamance County within 30 days after the latter of the following:
(a) The decision of the City Council is filed; or
(b) A written copy of the decision is delivered to any aggrieved party that has filed a
written request for such copy with the City Council at the time of its hearing of the
case.
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2-206 Design Professional's Certificate of Compliance, As -Built Plans and Final Approval
The construction of all structural stormwater management Improvements shown on an approved
and permitted Stormwater Management Plan shall be substantially complete prior to final plat recordation
or issuance of any certificate of occupancy. Upon approval of the Stormwater Administrator, an Installation
performance security as specified in Section 4-404 may be submitted prior to substantial completion of all
structural stormwater management measures in order to record a final plat.
Upon completion of a project and its associated structural stormwater management improvements,
and before a certificate of occupancy shall be granted, the Design Professional shall certify, under seal,
that the completed project is in accordance with the approved Stormwater Management Plan and design
and with the requirements of this ordinance.
The Design Professional shall also submit the Information required In the As -Built submittal
checidist established by the Stormwater Administrator.
As -built submittals shall be certified by a qualified, licensed North Carolina professlonal engineer,
surveyor, soil scientist, or landscape architect. The As -Built drawings shall show the final design
specifications for all stormwater management facilities and practices and the field location, size, depth,
and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built stormwater measures,
controls, and devices are in compliance with the approved stormwater management plans and designs
and with the requirements of this ordinance.
Prior to the release of any performance securities required for the installation of structural BMPs as
specified in Sections 4-444(A) & 4-404(B) the following conditions must be satisfied:
. (1) As -Built drawings and submittals must be approved by the Stormwater Administrator;
(2) Project must be in compliance with the Citys Erosion and Sedimentation Control
Ordinance; and
(3) Project must pass a final inspection and receive approval by the Stormwater
- - Administrator. -.: ---
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SECTION 3: STANDARDS
3-301 General Standards
Al development and redevelopment to which this ordinance applies shall comply with the standards
of this section.
3�302 Development Standards for Low -Density Projects
Law -density projects 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. Onsite stormwater treatment
devices such as infiltration areas, bioretention areas, and level spreaders may also be used
as added controls for stormwater runoff. A project with an overall density at or below the
low -density thresholds, 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 drainage ways to the maximum extent
practicable.
(B) Al built -upon area shall be at a minimum of 50 feet landward of all perennial and
Intermittent surface waters. A perennial or intermittent surface water shall be deemed
present if the feature is approximately shown on either the most recent version of the soil
survey map prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the 1,24,000 scale (7.5
minute) quadrangle topographic maps prepared by the united States Geologic Survey
(USGS). An exception to this requirement may be allowed when surface waters are -not
present In accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or simllar site -
specific determination made using Division -approved methodology.
(C) The approval of the stormwater permit shall require an enforceable resurcticn on
property usage fhat 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.
3-303 Development standards for High -Density Projects
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(A) The measures shall be designed to control and treat the stormwater runoff generated
from all surfaces by 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;
(D) All structural stormwater treatment systems used to meet these requirements shall be
designed to have a minimum of 85% average annual removal for Total Suspended Solids
(TSS);
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(E) General engineering design criteria for all projects shall be in accordance with 15A
NCAC 21-1.100B(c), as explained in the Design Manual;
(F) All built -upon area shall be at a minimum of 50 feet landward of all perennial and
intermittent surface waters, measured horizontally on a line perpendicular to a vertical line
marking the edge of the top of the bank.. A surface water shall be deemed present if the
feature is approximately shown on either the most recent version of the soil survey map
prepared by the Natural Resources Conservation Service of the United States Department
of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An
exception to this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 28 .0233(3)(a) or similar site -speck
determination made using Division -approved methodology.
(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 pratective
covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved project plans.
3-304 Undisturbed Buffer
(A) Buffer Width general. A minimum 30-foot wide undisturbed buffer measured horizontally on a
line perpendicular to a vertical line marling the edge of the top of the bank shall be provided directly
adjacent to surface waters (intermittent streams, perennial streams, lakes reservoirs and ponds). A
surface water shall be deemed present as stated in 3-302(B) and 3-303(E).
(B) Buffer Width - weter supply %atershed. In water supply watersheds the minimum undisturbed
buffer widths shall be:
(1) Lake Buffer -minimum 100-foot wide undisturbed buffer measured horizontalty to aline
perpendicularly to a line marling the normal pool elevation outward.
(2) Perennial Stream - minimum 50-foot undisturbed -buffer measured horizontally on aline
perpendicular to a vertical line marking the edge of the top of the bank.
(3) Intermittent Stream - minimum 50-foot undisturbed buffer measured horizontally on a
line perpendicular to a vertical line marking the edge of the top of the bank-
(C) Exceptions to the Undisturbed Buffer Rules. Exceptions to the Undisturbed Buffer
requirements may be granted by City Council for public utilities, public roads, greenways, or other
uses deemed in the public interest on a case by case basis where no practical alternative exists.
3 305 Standards for Stormwater Control Measures
(A) Evaluation According to Contents of 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 Design Manual. The Stormwater Administrator
shall determine whether proposed BWs will be adequate to meet the requirements of this
ordinance.
(B) Determinallon of Adequacy; Presumptions and Aitematives. Stormwater treatment practices
that are designed, constructed, and maintained in accordance with the criteria and specifications in
the 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 specifications in the Design Manual,
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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 BNPs 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.
3-306 Dedication of BMPS, Facilities $ Improvements
Unless otherwise approved by City Council, ownership and maintenance responsibility of any
existing or future stormwater management facilities shall remain with the owner of the 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.
3.307 Variances
(A) Variance Request. Any person may petition the City Council 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) Conditions of Variance. The City Council may impose reasonable and appropriate conditions
and safeguards upon any variance it grants.
(C) Statutory Exceptions. Notwithstanding subdivision (A) of this section, exceptions from the 50-
foot landward location of built -upon area requirement as well as deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and
maintained to minimize disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects do aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of BNPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond, or a utility, including, but not limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located 15 feet landward of all
perennial and intermittent surface waters and as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient removal,
protect against erosion and sedimentation, have the least adverse effects on aquatic life
and habitat, and protect water quality to the maximum extent practicable through the use of
BNPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering the
potential for a reduction in size, configuration, or density of the proposed activity and all
altemative designs, the basic project purpose cannot be practically accomplished in a
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manner which would avoid or result it less adverse impact to surface waters.
3-308 Additional standards for special situations
(A) Animal Waste.
(1) It shall be unlawful for the owner or custodian of any animal to take it off the owner's
own property limits without the means to property remove and dispose of the animal's feces
from any public property.
(2) It is the responsibility of the animal's owner or custodian to clean up the animal's feces
from any public property outside of the animal owners own property limits. Such property
includes, but is not limited to, parks, rights -of -way, paths, and public access areas.
(3) "AAeans to property remove and dispose of feces" shall consist of having on or near
one's person a device such as a plastic bag, or other suitable plastic or paper container that
can be used to. clean up and contain animal waste and it can be disposed of in an
appropriate container. Such a device must be produced and shown, upon request, to
anyone authorized to enforce these ordinances.
(4) this provision shall not apply to handicapped persons assisted by trained guide or
assistant dogs, or other animals trained to assist handicapped persons.
(5) "Public nuisance" is defined to include "an animal which deposits feces on public
property, and the person owning, possessing, harboring of having the care, charge, control
or custody of the animal fails to remove the feces so deposited. Provided, however, this
definition shall not apply to any animal assisting a handicapped person.
. (B) Nutrient Sensitive Waters. in addition to the standards for stormwater handling set out in the
Design Wnual, development and redevelopment that drains in whole or part to class NSW waters
shall design and Implement the best stormwater practices that reduce nutrient loading, while still
meeting the other requirements of this ordinance.
(C) Nutrient Application Management Program.
(1) The purpose of this provision is to protect water quality by managing the application of
nutrients, both inorganic fertilizer and organic nutrients, to lands in the region. This provision
requires nutrient application in keeping with the most current state -recognized technical
guidance on proper nutrient management In order to help protect water quality in the region.
(2) . This Program shalt apply to the following persons within the corporate limits and
extraterritorial jurisdiction of the City of Burlington as follows:
(a) Persons who own or manage cropland areas for commercial purposes;
(b) Persons who own or manage commercial ornamental and floriculture areas
and greenhouse production areas;
(c) 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;
(d) Persons hired to apply nutrients to the lands described in Sub -Items (a) through
(c) above or to residential, commercial, industrial or institutional properties, I the
total area of the properties served exceeds 10 acres. This shall not applyto
residential, commercial, or industrial landowners who apply nutrients to their own
property.
(a) Nutrient management consultants hired by persons listed in this Item to provide
nutrient management advice for lands in the Citys jurisdiction.
(3) Persons to whom this Ordinance applies shall meet the following requirements:
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(a) Any person subject to this rule who applies nutrients to, or who is hired to
provide nutrient management advice for, land within the City's jurisdiction shall
either:
i. Attend and complete nutrient management training pursuant to Item (D) of
this Section; or
ii. 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 (E) of this
Section.
(b) Persons who hire an applicator to apply nutrients to the land that they own or
manage shall either:
i. Ensure that the applicator they hire has attended and completed nutrient
management training pursuant to item (D) of this Section; or
ii. Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage pursuant to Item (E)
of this Section; or
iii. Complete a nutrient management plan for the land that they own or
manage pursuant to Rem (E) of this Section and ensure that the applicator
they hire follows this plan.
(D) 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 -Rem (0)(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-ftems (E)(1)(a)through
(E)(1)(c) of this section shall develop and property 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 City of Burlington.
(E) 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.
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(a) Nutrient management plans for cropland shall meet the standards and
specifications adopted by the NG 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 (E)(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 WQM151), 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 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-Kom (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 City.
3.309 OnskG wastewater
(A) On -Site Wasteveter System Permit. For new development and redevelopment that utilize the
use of on -site wastewater treatment systems, a copy of the approved on -site wastewater system
permit issued by the Alamance County Environmental Health Department shall be provided to the
Stormwater Administrator as part of the Stormwater Management Permit Application.
(B) Standards for Operation and Maintenance. Onsite systems for domestic wastewater shall be
operated and maintained so as to avoid adverse effects on surface water and groundwater,
incfuding eutrophication of surface water and microbial or nitrate contamination of groundwater.
Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the
system to meet these standards, and the septage shall be reused or disposed of in a manner that
does not present significant risks to human health, surface water or groundwater.
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SECTION 4: MAINTENANCE
4.401 General Standards for Maintenance
(A) Function of BMPs As Intended. The owner of each structural BBB installed pursuant to this
ordinance shall maintain and operate it so as to preserve and continua its function in controlling
stormwater quality and quantity at the degree or amount of Function for which the structural BI P
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, address and telephone number of the landowner,
(2) The recorded book and page number and the Parcel Identification Number (PIN) or
Parcel Number as assigned by Alamance County or Guilford County respectively of the lot
of each structural BIVP;
(3) A statement that an inspection was made of all structural BWs;
(4) The date the inspection was made;
(5) A statement that all tnspected structural BNFs 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. 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
4-402 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 BW pursuant to this ordinance, and prior to issuance of any permit for development or
redevelopment requiring a structural BW 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 BfVP- Until the
transference of ail property, sites, or lots served by the structural BAP, 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 BW, and shall state the terms, conditions, and schedule of
maintenance for the structural BIVP. In addition, it shall grant to the City of Burlington 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 BfVIP; however, in no case shall the right of entry, of
itself, confer an obligation on the City of Burlington to assume responsibility for the structural BW.
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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 OtherAssociatrons. 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 City of Burlington, in its sole discretion, may remedy the situation,
and in such instances the City of Burlington 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
BMPs, provided that the City of Burlington shall first consent to the expenditure.
(3) The escrow account shall be funded to a level suitable to conduct the activities listed in
Section 4-402(B)(2), which shall be based upon a submittal of construction costs and
anticipated maintenance costs prepared and sealed by the design professional, and
approved by the City of Burlington. Both developer contribution and annual sinking funds
shall fund the escrow account. Prior to plat recordation or issuance of construction pen -nits,
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 ( 213) of the total amount of sinking fund budget shall be deposited into the escrow
account within the first fore (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 accaiRdance 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 City of Burlington depending on the design and materials of the
stormwater control and management facility.
(5) Granting to the City of Burlington a right of entry to inspect, monitor, maintain, repair,
and reconstruct structural BMPs.
(6) Allowing the City of Burlington to recover from the association and its member's any
and all costs the City of Burlington expends to maintain -or repair the structural BMPs or to
correct any operational deficiencies. Failure to pay the City of Burlington all of its expended
costs, after forty-five days written notice, shall constitute a breach of the agreement In case
of a deficiency, the City of Burlington shall thereafter be enticed 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. Interest, collection costs, and attorney fees shall
be added to the recovery.
(7) A statement that this agreement shall not obligate the City of Burlington to maintain or
repair any structural BMPs, and the City of Burlington shall not be liable to any person for
the condition or operation of structural BIVPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict the right
of the City of Burlington to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the City of Burlington for any costs and
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injuries arising from or related to the structural BIVIP, unless the City of Burlington has
agreed In writing to assume the maintenance responsibility for the B W and has accepted
dedication of any and all rights necessary to cant' out that maintenance.
4.403 Inspection Program
Inspections and inspection programs by the City of Burlington 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 BWs; and evaluating the condition of BIVPs.
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.
4-404 Performance Security for Installation and Maintenance
(A) May Be Required. The City of Burlington may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, irrevocable 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 BNPs approved under the permit, plus 25%. The
estimate of construction cost shall be prepared by a qualified registered North Carolina
Professional Engineer, Surveyor, Soil Scientist, or Landscape Architect.
(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 BNIPs 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 inflate 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 owner to construct, maintain, repair and, if necessary,
reconstruct any structural BW in accordance with the applicable permit or operation and
maintenance agreement, the Stormwater Administrator shall obtain and use ail or any
portion of the security to make necessary improvements based on an engineering estimate.
Such e>penditure 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
0 performance security, the City of Burlington shall not return any of the unused deposited
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cash funds or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security. If the City of Burlington takes action upon
such failure by the applicant or owner, the City of Burlington 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.
4-405 Notice to owners
(A) Deed Recordation and Indications On Plat. The applicable operations and maintenance
agreement pertaining to every structural 11 VP 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.
4-406 Records of Installation and Maintenance Activities
—7he owner of each structural BMP shall keep records of inspections, maintenance, and repairs for
at least fore years from the date of creation of the record and shall submit the same upon reasonable
request to the Stormwater Administrator.
4407 Nuisance
The owner of each stormwater BWP, whether structural or nonstructural BMP, shall maintain it so
as not to create or result in a nuisance condition.
4-408 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes. Dedicated access and/or
maintenance easements for structural BMPs on private property are for the use of the owner of the
structural BIvP(s). Dedication of access and/or maintenance easements for structural BMPs in no way
binds or requires the City of Burlington to perform maintenance on structural GNiPs on private property.
4409 Existing Structural BMPs
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Sections 4-401. 4-403, 4-404, 4-405(B), 4-406 and 4-407 of this Ordinance shall also apply to
structural BWs that were installed prior to the effective date of this ordinance.
At the time of subdivision, recombination, development or redevelopment of property having
structural BIVIPs installed prior to the effective date of this ordinance Sections 4-402, 4-405(A), and 4-408
shall also apply. .
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SECTION 5: ENFORCEMENT AND VIOLATIONS
5-501 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 the City of Burlington. Whenever this
section refers to the Stormwater Administrator, it includes his or her designee as well as any
authorized agent of the City of Burlington.
(B) Violation Unlay". 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, BWP, practice, or condition in ► iolation 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, landscape architect,
soil scientist, surveyor, 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 article, responsible person(s) shall Include but not be limited to:
--(-t} Person Maintaining Condition Resulting in or Constituting-Vielation. An architect,
engineer, landscape architect, soil scientist, surveyor, 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) Responsill 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.
5-502 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.
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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 and Zoning
Board and/or City Council may disapprove, any request for permit or development
approval or authorization provided for by this ordinance or the zoning, subdivision,
and/or building regulations, as appropriate for the land on which the violation occurs.
(3) Injunction, Abatements, etc. The Stormwater Administrator, with the written
authorization of the City Manager, 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. 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 written authorization of the City Wnager, 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. Violation of this ordinance may subject the violator to a civil penalty to
be recovered in a civil action in the nature of a debt if the violator does not pay the penalty
within 30 days after notice of the violation is issued by the Stormwater Administrator. Civil
penalties may be assessed up to the full amount of penalty to which the City of Burlington is
subject for violations of its Phase II Stormwater permit or if no Phase ll Stormwater permit
violation exiats for the jurisdiction, civil penalties may be assessed up to the full amount
allowed by law.
(C) Criminal Penalties. Vitiation of this ordinance may be enforced as a misdemeanor
subject to the maximum fine permissible under North Carolina law.
5-603 Procedures
(A) InitiefionlComplaint. 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.
(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
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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
Burlington Police Department, by certified or registered mad, return receipt requested, or by any means
authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
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 whlch 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 violation, up to, but not exceeding 14 days. The Stormwater Administrator may
grant 7-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 extensions) 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 Embrrcement. 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 article. — r
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SECTION 6: DEFINITIONS
6-601 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.
Best Management Practice (BMP). Measures or practices used to reduce the amount of pollution
entering surface waters. BMPs can be structural or nonstructural and may take the form of a process,
activity, physical structure or planning.
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 e)dent that the paving material absorbs water or allows water to infiltrate through the paving
material.
Clean Water Act. The Federal Water Pollution Control Duct, also known as the Clean Water Act
(CWA), as amended, 33 USC 1251, et seq.
Common Plan of Development. A construction or land disturbing activity is part of a larger
common plan of development if it is completed in one or more of the following ways:
" In separate stages
• In separate phases
• In combination with other construction activities
it is identified by the documentation (includirg brit not limited to a sign, public notice or hearing, sales pitch, -
advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, 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.
It can include one operator or many operators.
Consultant Person who is hired to provide professional advice to another person.
Department. The North Carolina Department of Environment and Natural Resources.
Design Manual. The stormwater design manual approved for use in Phase II jurisdictions by the
Department for the proper implementation of the requirements of the federal Phase A stormwater
program. Ail 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 or precipitation into the soil.
Director. The Director of the Division of Water Quality is the North Carolina Department of
Environment and Natural Resources.
Division or DWQ. The Division of Water Quality in the Department.
EMC. The North Carolina Environmental Management Commission.
Grab Sample. An individual sample collected instantaneously. Grab samples that will be directly
analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge.
Hazardous Substance. Any substance designated in 40 CFR Part 116 pursuant to Section 311 of
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the Clean Water Act
1128110 5:17 AM
Nigh -density project. Any project that exceeds the low -density threshold for dwelling units per acre
or built -upon area.
Illicit Discharge. Any discharge to a MS4 that is not composed entirely of stormwater except
discharges pursuant to an NPDES permit (other than the NPDES MS4 permit), allowable non-stormwater
discharges, and discharges resulting from fire -fighting activities.
Industrial Activity. For the purposes of this permit, industrial activities shall mean all industrial
activities as defined in 40 CFR 122.26.
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-resldential 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.
Municipal Separate Storm Sewer System (MS4). Pursuant to 40 CFR 122.26(b)(8) means a
conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
(i) Owned or operated by the United States, a State, city, town, county, district,
association, or other public body (created by or pursuant to State law) having jurisdiction
over disposal of sewage, industrial wastes, stormwater, or other wastes, including special
districts under State law such as a sewer district, flood control district or drainage district,
or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated
and approved management agency under Section 208 of the Clean Water Act (CWA) that
discharges to waters of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which Is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40
CFR 122.2.
Non-structural BMP. Non-structural BMPs are preventive actions that involve management and
source controls such as:
(1) Policies and ordinances that provide requirements and standards to direct growth to
identified areas, protect sensitive areas such as wetlands and riparian areas, maintain
andlor increase open space, provide buffers along sensitive water bodies, minimize
impervious surfaces, and/or minimize disturbance of sails and vegetation;
(2) Policies or ordinances that encourage infill development in higher density urban areas,
and areas with existing storm sewer infrastructure;
(3) Education programs for developers and the public about minimizing water quality
impacts;
(4) Other measures such as minimizing the percentage of impervious area after
development, use of measures to minimize directly connected impervious areas, and
source control measures often thought of as good housekeeping, preventive maintenance
and spill prevention.
1-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. For design
purposes, the 1-year, 24-hour storm produces approximately 3.0 inches of rain in the Burlington Area.
Outfall, The point of wastewater or stormwater discharge from a discrete conveyance system.
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See also point source discharge of stormwater.
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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.
Point Source Discharge of StormKeter. Any discernible, confined and discrete conveyance
including, but not specifically to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from
which stormwater is or may be discharged to waters of the state.
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.
Stormwater Runoff. The flow of water which results from precipitation and which occurs
immediately following rainfall or as a result of snowmelt.
Structural BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff;. to after 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 BW includes physical practices such as constructed wetlands, vegetative practices,
fitter 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.
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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) calendar days; or installation and approval of on -site
infrastructure; or obtaining a budding 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.
Toxic pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
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SECTION 7: ILLICIT DISCHARGES
7-701 Illicit Discharges and Connections
(A) Mcd 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, any liquid, solid, gas, or other substance, other than stormwater; provided that
non-stormwater discharges associated with the following activities are allowed and provided that
they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7)
Discharges from potable water sources;
(8)
Foundation drains;
(9)
Air conditioning condensation;
(10)
Irrigation water;
(11)
Springs;
-:7� 12)
Water from crawl space pumps;
(13)
Footing drains;
(14)
(Lawn watering;
(15)
(Individual residential car washing;
(16)
(Flows from riparian habitats and wetlands;
(17)
Dechlorinated swimming pool discharges;
(18)
Street wash water; and
(19)
Flows from emergency firefighting.
(20) Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any such
discharges to the municipal separate storm sewer system shall be authorized by the City of
Burlington.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter.
(B) lllicrt Connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in section (A)
above, are unlawful. Prohibited connections include, but are not limited to: floor drains,
waste water from washing machines or sanitary sewers, wash water from commercial
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vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of this ordinance. However, the one-
year grace period shall not apply to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and
safety, or are likely to result in immediate Injury and harm to real or personal property,
natural resources, wildlife, or habitat.
This prohibition expressly includes, without limitation, illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
(3) Where it is determined that said connection:
(a) NUy result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm to real
or personal property, natural resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other than this
section;
the Stormwater Administrator shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take
into consideration:
i. The quantity and complexity of the work,
li. The consequences of delay,
iii. The potential harm to the environment, to the public health, and to public
and private property, and
iv. The cost of remedying the damage.
(C) Spills. Spills -or leaks of polluting substances released, discharged to, or having the potential
to released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting condition.
Perseus in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
immediately notify the Emergency Ntanagement Coordinator or the Eire Chief of the release or
discharge, as well as making any required notifications under state and federal law. Notification
shall not relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such not cation relieve any
person from other liability which may be imposed by State or other law.
(D) Industrial or Construction Activity Discharges. Any person subject to an industrial or
construction activity NPDES stormwater discharge permit shall comply with provisions of such
permit. Proof of compliance with said permit may be required in a form acceptable to the City of
Burlington prior to authorization of discharges to the MS4.
(E) Right of Entry, Inspection, Sampling, and %sang.
(1) Authority to Inspect. Whenever necessary to make an inspection to enforce any
provision of this Ordinance, or whenever the Stormwater Administrator has cause to befieve
that there exists, or potentially exists, in or upon any premise any condition which
constitutes a violation of this Ordinance, the Stormwater Administrator may enter such
premises at an reasonable times to inspect the same and to inspect and copy records
related to stormwater compliance. In the event the owner or occupant refuses entry after a
request to enter and inspect has been made, the City of Burlington is hereby empowered to
0 seek assistance trom any court of competent jurisdiction in obtaining such entry.
Mtp./A brary I. munimde.mm ffidaurt-tegrame.Wn?Wobase • 10115&d0xact&-v4 haty" Page 2 of 3

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(2) Authority to Sample, Establish Sampling Devices, and Test. During any inspection as
provided herein, the Stormwater Administrator may take any samples and perform any
testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(F) Enforcement. Whenever the Stormwater Administrator finds that a person has violated a
prohibition or failed to meet a requirement of this Ordinance, the Stormwater Administrator may
order compliance by written notice of violation to the responsible person and/or the property owner.
Such notice may require without limitation_
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remedation of stormwater pollution or contamination hazards and
the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control BIMPs
tf abatement of a violation and/or restoration of affected property is required, the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will be done by
the City of Burlington or a contractor designated by the Stormwater Administrator and the expense shall be
charged to the violator.
(G) Violations Deemed a Public Nuisance, Illicit discharges and illicit connections which exist
within the City Limits and the City's Extraterritorial Jurisdiction are hereby found, deemed, and
declared to be dangerous or prejudiced to the public health or public safety and are found, deemed,
and declared to be public nuisances. Such public nuisances shall be abated in accordance with the
procedures set forth in the City of.Burlington Code of Ordinances Chapter 22.
htlp:j hrary I. munimde.Wm/Mfault4eAftme.htm?lydohase= k 0115Bwdotactlon. whabsnew Page 3 of 3

Burlington, N. C.
Zoning Ordinance
SECTION 32.2: GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS
A. Affected Territory. Zoning_ Map: The regulations contained in this chapter shall apply to all
territory within the corporate limits of the City . of Burlington and its duly established
extraterritorial zoning jurisdiction as they now exist or may exist in the future. The affected
territory is specifically shown on the "Zoning Map, City of Burlington, North Carolina, GIS
Generated" and as amended that accompanies and is hereby declared to be a part of this
ordinance. Regardless of the existence of purported copies of the zoning map, which may from
time to time be made or published, the zoning map, which shall be located in the office of the
Building Inspector, shall be the final authority as to the extent and location of zoning districts
within the affected territory. (Extraterritorial jurisdiction established June 27, 1972. Zoning
districts for same adopted February 6, 1973. Amendment adding "GIS Generated" adopted
December 21, 2004.)
B. Enumeration of Districts: For the purposes of this ordinance, the affected territory as described
in Paragraph 32.2:A. above, is divided into the following districts which are designated by the
accompanying symbols:
R-30
Single -Family Residential District
(Amendment creating R-30 Districts adopted February 7, 1984)
R-15
Residential District
R-12
Residential District
(Amendment creating R-12 Districts adopted December 18, 1973)
R-9
Residential District
R-6
Residential District
R-M
Residential -Mobile Home District
(Amendment creating R-M Districts adopted March 19, 1974)
MF-A
Multifamily Residential District
MF-B
Multifamily Residential District
O]
Office -Institutional District
R-OI
Restricted Office -Institutional District
(Amendment creating R-OI Districts adopted March 6, 1973)
PEC
Planned Employment Center District
(Amendment creating PEC Districts adopted June 3, 2003)
B-1
Neighborhood Business District
B-2
General Business District
B-3
Central Business District
1-1
Planned Industrial District
I-lA
Planned Industrial -Residential District
(Amendment creating I -IA Districts adopted February 6, 1973)
I-2
fight Industrial District
I-3
Heavy Industrial District
CR
Conditional Residential District
(Amendment creating CR Districts adopted June 3, 2003)
COI
Conditional Office -Institutional District
(Amendment creating COI Districts adopted June 3, 2003)
CB
Conditional Business District
(Amendment creating CB Districts adopted June 3, 2003)
CI
Conditional Industrial District
(Amendment creating CI Districts adopted June 3, 2003)
CMX-R
Conditional Mixed Use -Residential District
(Amendment creating CMX-R Districts adopted June 3, 2003)
CMX-C
Conditional Mixed Use -Commercial District
(Amendment creating CMX-C Districts adopted June 3, 2003)
32.2

IF
0 C. Interpretation of District Boundaries:
•
Boundaries indicated as approximately following platter lot lines shall be construed as
following such lot lines.
2. Boundaries indicated as approximately following the center lines of streets, highways or
alleys shall be construed to follow such center lines.
32.2
IA

3. Boundaries indicated as approximately following City limits shall be construed as
following such city limits.
4. Boundaries indicated as following railroad lines shall be construed to be midway
between the main tracks.
S. Boundaries indicated as parallel to or extensions of features indicated in
subsections one through four above shall be so construed.
6. Distances not specifically indicated on the zoning map shall be determined by the
scale of the map.
7, Where physical or cultural features existing on the ground are at variance with
those shown on the zoning map or in other circumstances not covered by
subsections one through five above, the Board of Adjustment shall interpret the
district boundaries.
D. Applicability of These Regulations:
l . Use and Structural Requirements: No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall hereafter be
erected, constructed, moved or structurally altered except in conformity with all of
the regulations herein specified for the district in which it is located.
In historic districts and for designated historic properties, the above requirements
may be modified by the "Architectural and Historic Guidelines - Burlington Historic
District." (Amendment adopted May 21, 1991)
is 2. Location and Density Requirements: No building or other structure shall hereafter
be erected or altered:
a. to exceed the height;
b. to accommodate or,house a greater number of families;
C. to occupy a greater percentage of lot area;
d. to have narrower or smaller rear yards, front yards, side yards or other open
spaces;
than herein provided or to be erected or altered in any manner contrary to the
provision of this ordinance.
In historic districts and for designated historic properties, the above requirements
may be modified by the "Architectural and Historic Guidelines - Burlington Historic
District." (Amendment adopted May 21, 1991)
3. Open Space Requirements: No space that has been counted as part of a yard, lot
area, parking area or loading area required under this ordinance for one building
or use shall be counted to satisfy or comply with a yard, lot area, loading area or
parking area requirement for any other building or use. The minimum required
yards, lot area, parking area or loading area for any building or use existing or
under construction at the time of the passage of this ordinance shall not be
encroached upon or counted to satisfy such requirements for any other building or
use.
32.2
2

! E. Locations of Buildina Lines or Irregularly Shaped Lots: Locations of front, side
and rear building lines on irregularly shaped lots shall be determined by the
Building Inspector. Such determinations shall be based on the spirit and intent of
the district regulations to achieve spacing and locating of buildings or groups of
buildings on individual lots.
F. Two or More Uses in the Same Building: When two or more uses occupy the
same building, the greatest yard requirements applicable to any such uses in the
district in which the lot is located shall apply to such buildings. Off-street parking
and loading requirements shall be met in full for all uses in such building.
G. Requirements of This Chanter Are Minimums: The provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion of the
public health, safety, comfort, convenience and general welfare and shall apply
uniformly to each class or kind of structure or land.
H. Other Requirements Are Not Abrogated:
Private requirements: It is not intended by this chapter to abrogate or annul
any easements, covenants or other agreements between parties imposing
greater restrictions upon the use of buildings or land.
I. Requirements of this Chapter Control When Stricter Than Other Provisions of
Law or Agreements: Where this chapter imposes greater restrictions upon the
use of buildings or land, upon the height of buildings or requires greater lot area
and width, greater yards, courts or open spaces than required by such other
provisions of law or ordinance or by such rules, regulations or permits or by such
easements, covenants or agreements, the provisions of this chapter shall control.
Applicability to Public Property: In addition to privately -owned property, all
provisions shall be applicable to property owned by governmental agencies and
other public and semi-public bodies, including buildings erected and constructed
by the State of North Carolina and its political subdivisions.
K. Mobile Homes: No mobile home shall be occupied as a residence except in a
mobile home park meeting the requirements of Section 32.13:I of this chapter.
32.2
3

L. Setback Lines Moncr Certain Streets: Regardless of other provisions in this chapter, no
building shall be located nearer to any street than the setback line as established by the
City Council. A file of such setback distances is maintained in the office of the Building
lnspector.
M. Dwellings on Rear of Lot: No building to be used as a dwelling shall be constructed or
altered in the rear of or moved to the rear of a building situated on the same lot, nor shall
any building be constructed in front of or moved to the front of a dwelling situated on the
same lot except when such building is part of a multifamily development meeting all
requirements for such developments.
N. Lots Must Abut a Street: Every lot shall have frontage on and access to a public street
except where provided otherwise in this ordinance and except where private streets are
constructed as provided for in Section 33.8:(e)(11) of the Burlington City Code
(Subdivision Regulations). (Amendment adopted May 20, 1986)
O. Reserved:
F. Historic District} and ProFerties Regulations:
Purpose
To promote the sound and orderly preservation and conservation of historic
properties and areas and to protect, safeguard and conserve the heritage of the City
of Burlington and any individual property therein that embodies important elements
of its social, economic, cultural, political or architectural history or prehistory for the
education, pleasure and enrichment of residents and all citizens, for the purpose of
fostering civic beauty and for the purpose of stabilizing and enhancing property
values, thus contributing to the improvement of the general health and welfare of
the City of Burlington, this Section 32.2:P. is hereby adopted. (Amendment adopted
August 20, 1991)
2. Historic District(s) r
(A) Definition of Character of Historic District(s)
Historic Districts established pursuant to N.C.G.S. 160A-400.3 shall consist of
areas that are deemed to be of special significance in terms of their history,
prehistory, architecture, and/or culture and to possess integrity of design,
setting, materials, feeling and association.
(B) Designation of Historic District s
Pursuant to N.C.G.S. 160A-400.4., the City Council may designate, and from
time to time amend by ordinance, one or more historic districts, the extent
and boundaries of which are to be indicated on the official zoning map of the
City of Burlington and its extraterritorial jurisdiction. Such ordinance may
treat historic districts either as a separate use district classification or as
districts that overlay other zoning districts. Where historic districts are
designated as separate use districts, the Zoning Ordinance may include as
uses by right or as conditional uses those found by the Burlington Historic
32.2 .
4

Preservation Commission to have existed during the period sought to be
restored or preserved or to be compatible with the restoration or
preservation of the district. Where historic districts are designated as
is overlay districts, all uses permitted in any such district, whether by right or
as a Special Use, shall be permitted in a historic district in accordance with
Section 32.9 of the Zoning Ordinance of the City of Burlington.
However, before any building construction, reconstruction, alteration,
restoration, demolition or moving or any other activity commences that
would alter the exterior appearance of any building, structure or
appurtenant feature within a historic district, a Certificate of Appropriateness
shall be issued by the Burlington Historic Preservation Commission.
(C) Required Historic District -Designation and Amendment Procedures:
No historic district or districts shall be designated or amended until the
following procedural steps have been taken:
a. The Burlington Historic Preservation Commission has prepared an
investigation and report describing the significance of the buildings,
structures, features, sites or surroundings included in any such
proposed district and a description of the boundaries of such district
and has made a recommendation thereon to the Burlington Planning
and Zoning Commission.
b. The North Carolina Department of Cultural Resources, acting through
the State Historic Preservation Officer or his or her designee, shall
make an analysis of and recommendation concerning such report and
description of proposed boundaries. Failure of the Department of
Cultural Resources to submit its written analysis and recommendation
to the City of Burlington within 30 calendar days after a written
request for such analysis has been received by this state department
shall relieve the City of Burlington of any -responsibility for awaiting
such analysis, and the City Council may at any time thereafter take
any necessary action to adopt or amend its Zoning Ordinance.
C. The Burlington Planning and Zoning Commission shall review the
recommendations of the Burlington Historic Preservation Commission
and forward its comments and recommendations to the City Council.
d. The Planning and Zoning Commission shall process and review
historic district zoning and rezoning in the same manner as would
otherwise be required for the adoption or amendment of any
appropriate Zoning Ordinance provision.
32.2
5
0

e. The Planning and Zoning Commission shall refer any request to
change the zoning classification of property within any historic district
Sas well as any Special Use Permit or conditional use requested within
a historic district to the Burlington Historic Preservation Commission.
The Historic Preservation Commission shall then - make a
recommendation on such request to the Planning and Zoning
Commission.
(D) Required Conformance to Dimensional and Parking Regulations: Exceptions
a. Within any historic district so designated as an overlay district, all
building setbacks, front yard, side yard, rear yard, plot coverage,
and height requirements shall comply with the dimensional
requirements of the applicable zoning district, unless the Historic
District Regulations set other requirements. It is the intent of this
ordinance to supersede, within the historic district, the dimensional
regulations of the applicable zoning district, when specific
requirements particular to the historic district are so defined.
b. Where it is found by the Historic Preservation Commission that an
application for a building permit in any historic district covers activity
constituting an authentic restoration or reconstruction of a building or
structure that existed at the same location, but such building or
structure does not comply with the dimensional requirements of the
applicable zoning district, said building or structure may be restored
or reconstructed at the same location where the original building or
• structure was located upon approval by the Board of Adjustment,
provided no use other than that permitted in accordance with Section
32.9 of the Zoning Ordinance of the City of Burlington is made of said
property. Such conditions as may be set by the Historic Preservation
Commission and the Board of Adjustment shall be the criteria for the
-� issuance of the building permit.
The Board of Adjustment shall not be authorized in action undertaken
by this ordinance to approve a use of property that is not a use
permitted by right or as a special use within the district in which the
property is located. In addition to any other condition, the Board of
Adjustment may make regarding such authorization, any items
restored, reconstructed or maintained on, over or'within a public
sidewalk, public alley area or other such public way shall be the
responsibility of the owner, his heirs and assigns. The owner's
restoration, reconstruction or maintenance of any such item within
such areas shall constitute the owner's agreement to protect and hold
the City of Burlington blameless against any and all liability, cost,
damage or expense suffered by the City of Burlington as a result of or
32.2
6
LJ

growing out of the restoration, reconstruction, or maintenance
thereof. Such items, so approved, may be lawfully restored,
reconstructed, or maintained. Any such item projecting over
the vehicular truck way of a street or alley shall be, at its lowest
point, 14 feet above the travel way.
d. Where the Historic Preservation Commission, in considering an
application for a Certificate of Appropriateness, shall find that
the number of off-street parking spaces or design standards
required by the zoning regulations for a building or structure
for which a building permit is requested would render the
building incompatible with the historic aspects of the district, it
may recommend to the Board of Adjustment a waiver, in part or
in whole, of the off-street parking requirements. The Board of
Adjustment may authorize as a special exception a reduced
standard concerning off-street parking, provided: (1) the Board
finds that the lesser standard will not create problems due to
increased on -street parking; and (2) will not constitute a threat
to public safety.
3. Historic Properties
(A) Adoption of an Ordinance of Designation
Upon complying with N.C.C.S. 160A-400.6., the Burlington City
is Council may adopt and from time to time amend or repeal an
ordinance designating one or more historic properties within the City
of Burlington and the City's extraterritorial jurisdiction.
a. The -ordinance shall describe each property designated --therein,
the name or names of the owner or owners of the property,
those elements of the property that are integral to its historical,
architectural and/or archaeological significance, including the
land area of the property so designated and any other
information the Historic Preservation Commission and the City
Council deem necessary.
b. For each building, structure, site, area or object designated as a
historic property, the ordinance shall require that the waiting
period set forth in Subsection 9, Delay in Demolition of Historic
Properties and Buildings Within Historic Districts, be observed
prior to its demolition.
C. For each designated historic property, the ordinance may also
provide for a suitable sign on the property stating that the
property has been so designated. If the owner consents, the
sign shall be placed upon the property. If the owner objects,
. the sign shall be placed on a nearby public right-of-way.
32.2
7

(B) Criteria for Historic Property Designation
. No property, building, structure, site, area or object shall be recommended
for designation as a historic property unless it is deemed and found by the
Historic Preservation Commission and City Council to be of special
significance in terms of its historical, pre -historical, architectural, or cultural
importance, and to possess integrity of design, setting, workmanship,
materials, feeling and/or association (N.C.G.S. 160A-400.5.).
(C) Required Historic_ Property Designation Procedures
As a guide for the identification and evaluation of historic properties, the
Historic Preservation Commission shall undertake, at the earliest possible
time and consistent with the resources available to it, an inventory of
properties of historical, architectural, pre -historical, and cultural significance
within its jurisdiction. Such inventories and any additions or revisions
thereof shall be submitted as expeditiously as possible to the Division of
Archives and History of the State of North Carolina. The Historic Preservation
Commission shall also (1) prepare and adopt rules of procedure, and (2)
prepare and adopt principles and guidelines not inconsistent with the North
Carolina General Statutes for altering, restoring, moving, or demolishing
properties designated as historic.
No ordinance designating a historic building, structure, site, area or object
as a historic property nor any amendment thereto may be adopted, nor may
any property be accepted or acquired by the Historic Preservation
Commission or the City Council until all the following procedural steps have
been taken:
a. Designation Reports Prepared by the Commission
A Designation Committee shall be established from the membership
of the Historic'=Preservation Commission to review the inventory off'—
properties of historical, architectural, archaeological, and cultural
significance within the Commission's jurisdiction and recommend to
the full Commission from time to time the designation of historic
properties. If the Commission accepts the recommendation of the
Designation Committee that a property be considered for
designation, the Commission shall make or cause to be made an
investigation and report meeting the minimum standards in the
following Subsection 3(C)c., Standards for Designation Reports.
When a designation report is prepared by the Commission and is to
be considered at a Commission meeting, the chairman shall notify by
mail (mailed not less than seven calendar days prior to the meeting at
which the matter is to be heard) the owners of the property and the
owners of abutting property.
32.2
8
0

b. Designation Reports Prepared by the Property Owner
To receive consideration for designation of a property as historic, a
property owner must prepare an application meeting the minimum
standards contained in the following Subsection 3(C)c., Standards for
Designation Reports. Applications prepared by the property owners
will be judged according to the same criteria as those prepared by
the Commission. Property owner applications shall be prepared on
forms provided by the City Planning Department.
The Designation Committee shall also review applications for historic
property designation submitted by property owners. The committee
shall be available to meet with the applicant at an early stage in the
process of preparing the application in order to advise the applicant
informally concerning the Commission's standards for reports, the
criteria for designation, the boundaries of the property to be
designated, and other relevant matters.
The Designation Committee, collectively and individually, shall
refrain from any indication of approval or disapproval, but shall not
for that reason, be barred from reasonable discussion of the
applicant's proposals. No advice or opinion given, or reported as
having been given, by any member of the committee at such
information meeting(s) shall in any way be official or binding upon
the Historic Preservation Commission.
An application for designation prepared by the property owner and
meeting all of the standards contained in Subsection 3(C)c.,
Standards for Designation Reports, must be received at least 14
calendar days prior to the next meeting of the Commission to be
considered at that meeting.
G. Standards for Designatio-rfReports —
The Commission or a property owner shall make or cause to be made
an investigation and a report on the historic, architectural, pre-
historical, educational or cultural significance of each building
structure, site, area or object proposed for designation or acquisition
(N.C.G.S. 160A-400.6 (2)). Such report and investigation shall include
the suggested minimum standards as set forth by the North Carolina
Division of Archives and History. These standards are outlined in a
Manual for Owners of Historic Properties which may be obtained from
the City Planning Department.
d. Consideration of the Report
Once the designation report has been prepared, either by the
Commission or by the property owner, and once the notification
required by Subsection 3(C)a., Designation Reports Prepared by the
32.2
9

Commission, has been met, the Commission shall consider the report.
The Commission may accept it, amend it, reject it, or recommend
further study. If the report is accepted by the Commission, the City
Planning Department shall forward the report to the Division of
Archives and History, North Carolina Department of Cultural
Resources for review.
e. Review by the Department of Cultural Resources
The Department of Cultural Resources, acting through the State
Historic Preservation Officer, shall be given the opportunity to review
and comment upon the substance and effect of the designation of any
proposed historic property pursuant to the N.C.G.S. 160A-400.6(3). If
the department fails to submit written comments or recommendations
in connectiori with any designation within 30 days following receipt of
the Designation Report, the Commission and the City Council shall be
relieved of any responsibility to consider such comments in
accordance with N.C.G.S. 160A-400.6(3).
f. Upon receipt of the comments and recommendations from the
Department of Cultural Resources, the Commission shall submit a
copy of the Designation Report and a copy of the proposed ordinance
of designation to the City Council.
g. The Commission and the City Council shall hold a joint or separate
public hearing(s) on the proposed ordinance. Reasonable notice of
the time and place of each hearing shall be given. If separate
• hearings are held, written notice of the hearing with the Historic
Preservation Commission shall be mailed to the applicant and to all
owners and occupants of adjoining or abutting properties whose
identity and current mailing address can be ascertained by the
exercise of reasonable diligence. Notice of the City Council hearing
shall be published at least once ih a newspaper generally circulated
within the city in which the property or properties to be designated or
acquired are located. All such notices shall be published or mailed
not less than 10 nor more than 20 days prior to the date of the public
hearing(s). All meetings of the Commission shall be open to the
public in accordance with North Carolina Open Meetings Law,
Chapter 143, Article 33C.
h. Following the joint or separate public hearing(s), the City Council
may adopt the ordinance as proposed, adopt the ordinance with any
amendments it deems necessary, or reject the proposed ordinance.
Upon adoption of the ordinance, the owners and occupants of each
designated historic property shall be given written notification of
such designation by the City Council, insofar as reasonable diligence
32.2
10

permits. One copy of the ordinance and each amendment
thereto shall be filed by the Historic Preservation Commission
in the office of the Register of Deeds of Alamance County. Each
historic property designated in the ordinance shall be indexed
accordingly to the name of the owner of the property in the
grantee and grantor indexes in the Register of Deeds office, and
the Historic Preservation Commission shall pay a reasonable fee
for filing and indexing.
A second copy of the ordinance and each amendment thereto
shall also be kept on file in the office of the City Clerk and be
made available for public inspection at any reasonable time.
A third copy of the ordinance and each amendment thereto shall
be given to the City or County Building Inspector. The fact that
a building, structure, site, area or object has been designated a
historic property shall be clearly indicated on all tax maps
maintained by Alamance County for such period as the
designation remains in effect.
j. Upon adoption of the historic property ordinance or any
amendment thereto, it shall be the duty of the Commission to
give notice thereof to the tax supervisor of Alamance County.
The designation and any recorded restrictions upon the
property limiting its use for preservation purposes shall be
considered by the tax supervisor in appraising it for tax
purposes, in accordance with N.C.G.S. 105-278, Taxation.
(D) Designation of Interior Features
In accordance with G.S. 160A-400.9(b), specific interior features of
architectural, artistic or historical significance in publicly owned
properties and of privately owned properties that the owner has given
consent for interior review may be designated as historic properties.
This designation authority does not apply to interiors of buildings or
structures owned by the State of North Carolina.
Said consent of an owner for interior review of privately owned
properties shall bind future owners and/or successors in title,
provided such consent has been filed in the office of the Register of
Deeds of Alamance County and indexed according to the name of the
owner in the grantee and grantor indexes. The historic properties
designation ordinance shall specify the interior features to be
reviewed and the specific nature of the Historic Preservation
Commission's jurisdiction over the interior.
32.2
11

(E) Application Fees
The Historic Preservation Commission is authorized to establish an
application fee for the submission of historic property designation reports.
This fee shall be no more than necessary to defray the cost of processing the
designation report, advertising the public notice, recording the designation
ordinance, and preparing the sign for the historic property.
4. Certificate of Appropriateness
(A) Certificate of Appropriateness Required
From and after the designation of a historic property or a historic district, no
exterior portion of any building or other structure (including masonry walls,
fences, light fixtures, steps and pavement, or other appurtenant features) nor
above -ground utility structure nor any type of outdoor advertising sign shall
be erected, altered, restored, moved or demolished on such property or
within such district until after an application for a Certificate of
Appropriateness as to exterior features has been submitted to and -approved
by the Historic Preservation Commission.
For the purposes of this ordinance, "exterior features" shall include the
architectural style, general design, and general arrangement of the exterior
of a building or other structure, including the kind and texture of the building
material, the size and scale of the building, and the type and style of all
windows, doors, light fixtures, signs, and other appurtenant fixtures. In the
case of outdoor advertising signs, "exterior features" shall be construed to
mean the style, material, size and location of all such signs. Such "exterior
features" may in the discretion of the Historic Preservation Commission,
include historic signs, color, and significant landscape, archaeological, and
natural features of the area.
A Certificate of Appropriateness shall be issued prior to the issuance of a
building permit or other permit granted for the purposes of constructing,
altering, moving or demolishing structures. A Certificate of Appropriateness
shall be issued or denied, subject to such reasonable conditions as the
Historic Preservation Commission may impose thereon, according to such
standards and guidelines as set forth elsewhere in this ordinance or adopted
by the Historic. Preservation Commission. A Certificate of Appropriateness
shall be required for all activities specified in this ordinance whether or not a
building or other permit is required. Any building permit or such other
permit not issued in conformity with this ordinance shall be made invalid.
The discontinuance of work or the lack of progress toward achieving
compliance with a Certificate of Appropriateness for any period of six
months shall render the certificate null and void, and application may be
32.2
12
9

made for a new certificate. The issuance of a Certificate of Appropriateness
does not run with the land and cannot be conveyed in the sale of property.
The City of Burlington and all public utilities shall be required to obtain a
Certificate of Appropriateness prior to initiating in a historic district any
changes in the character of street paving, sidewalks, utility installations,
lighting, street trees, walls, fences or exterior of structures and buildings on
property, easements or streets in which they have a fee or other interest.
Except for the designation of interior features as provided for in Subsection
3(D) of this ordinance, the Historic Preservation Commission shall have no
jurisdiction over interior arrangement and shall take no action under this
section except to prevent the construction, reconstruction, alteration,
restoration, moving or demolition of buildings, structures, appurtenant
fixtures, outdoor advertising signs, or other significant features in the district
that would be incongruous with the special character of the historic property
or district.
Pursuant to N.C.G.S. 160A-400.9(f), the State of North Carolina, its political
subdivisions, agencies or instrumentalities shall be subject to the
requirements for obtaining a Certificate of Appropriateness as provided in
this ordinance.
(B) Application for Certificate of Appropriateness
Prior to any action to enforce a historic district or historic property
ordinance, the Commission shall (1) prepare and adopt rules of procedure;
and (2) prepare and adopt architectural and historic guidelines not
inconsistent with this ordinance for new construction, alterations, additions,
moving and demolition. The guidelines for each historic district and/or
historic property 'may provide, subject to prior adoption of detailed
standards by the Historic Preservation Commission, for a Planning
Departmenf•aUrninistrative official to review and approve applicaff-d-rtf; for a
Certificate of Appropriateness for minor works as defined in the guidelines;
provided, however, that no application for a Certificate of Appropriateness
may be denied without formal action by the Historic Preservation
Commission.
An application for a Certificate of Appropriateness shall be obtained from
and, when completed, filed with the Burlington Planning Department. The
application shall be filed no later than 16 working days prior to the next
regularly scheduled meeting of the Historic Preservation Commission. Each
application shall be accompanied by sketches, drawings, photographs,
specifications, descriptions and/or other information of sufficient detail to
clearly show the proposed move, exterior alterations, additions, changes,
new construction or demolition. (Amendment adopted May 18, 1993)
32.2
13
0

(C) Action on Application for Certificate of Appropriateness
• The Planning Department will make a reasonable attempt to identify and
notify by mail the owners of any property within 100 feet of all sides of the
property that is the subject of the application. The Planning Department shall
transmit the application for a Certificate of Appropriateness, together with
the supporting information and material, to the Historic Preservation
Commission for consideration. The Historic Preservation Commission shall
review and act upon the application within 75 days from the filing date of the
application, otherwise, failure to act upon the application shall be deemed to
constitute approval, and a Certificate of Appropriateness shall be issued.
Nothing herein shall prohibit an extension of time where mutual agreement
has been reached between the Historic Preservation Commission and the
applicant.
Prior to issuance or denial of a Certificate of Appropriateness, the
Commission shall give the applicant and other property owners likely to be
affected by the application an opportunity to be heard. In cases where the
Commission deems it necessary, it may hold a public hearing concerning the
application, view the premises and seek the advice of the Division of
Archives and History or other expert advice. All meetings or hearings of the
Commission shall be open to the public in accordance with the North
Carolina Open Meetings Law, Chapter 143, Article 33C.
The Commission shall not refuse to issue a Certificate of Appropriateness
except for the purpose of preventing the construction, reconstruction,
alteration, restoration, moving or demolition of buildings, structures,
appurtenant features, signs or other significant features on a historic
property or in the historic district that would be incongruous with the special
character of the district or a historic property.
An appeal may be taken to the Board of Adjustment from the Commission's
-Y action in granting or decoying any certificate, which appeals (1) may be takeff,
by any aggrieved party; (2) shall be taken within 30 days after the decision
of the Commission; and (3) shall be in the nature of certiorari. Any appeal
from the Board of Adjustment's decision in any such case shall be heard by
the Superior Court of Alamance County.
The State of North Carolina and its agencies shall have a right of appeal to
the North Carolina Historical Commission or any successor agency assuming
its responsibilities under G.S. 121-12(a) from any decision of the Historic
Preservation Commission. The North Carolina Historical Commission shall
render its decision within 30 days from the date that the notice of appeal by
the State is received. The current edition of the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Building shall be the sole principles and guidelines used in
32.2
14
1-1

reviewing applications of the State for Certificates of Appropriateness.
The decision of the Historical Commission shall be final and binding
upon both the State and the Historic Preservation Commission.
(D) Review Criteria. Guidelines and Standards
The Historic Preservation Commission shall adopt detailed
Architectural and Historic Guidelines for designated historic districts
and designated historic properties. These guidelines shall take into
account the historic and architectural significance and visual and
historic elements of properties and of structures unique to the district.
In reviewing a Certificate of Appropriateness, the Commission shall
consider the exterior form and appearance of any proposed addition
or modification to a historic property or structure within the district in
accordance with these adopted guidelines.
All adopted Architectural and Historic Guidelines shall be updated at
least every five years by the Historic Preservation Commission.
Amendments to the guidelines shall be considered by the Commission
only at advertised public hearings. At a minimum, the guidelines shall
contain criteria addressing the following factors:
a. Historic Significance or Quality:
The presence of historic quality or historical significance worthy
of protection may be found in buildings, sites, structures,
objects or entire districts in the city. Integrity of location,
design, setting, materials, workmanship, feeling and association
are important elements in determining the extent and type of
protection required. -=—Association with historic significance _
might take the following forms:
(1) Events that have made a significant contribution to the
broad patterns of local, state or national history;
(2) Association with the lives of persons significant to the
city, state or national history;
(3) Embodiment of distinctive characteristics of a type,
period or method of construction;
(4) Representation of a period or method of construction of
an acknowledged master;
(5) Examples of high artistic value;
. 32.2
15

(6) Representation of a significant and distinguishable entity
whose components may lack individual distinction;
(7) Entities that have yielded or may yield information in
prehistory or local, state or national history.
(b) Exterior Form and Appearance:
Exterior features include the architectural form and style, general
design and general arrangement of the exterior of a building or other
structure, including the kind and texture of the building material, the
size and scale of the building and the type, pattern and style of all
windows, doors, light fixtures, signs and other appurtenant fixtures.
In the case of signs, exterior features shall be construed to mean the
style, material, size and location of all such signs. In considering
exterior form and appearance, the Commission may take into
account, but is not limited to, the following elements to ensure that
they are consistent with the historic or visual character of
characteristics of the district:
(1) The height of the building;
(2) The setback and placement on lot of the building, including lot
coverage and orientation;
(3) Exterior construction materials, including textures and
patterns and color;
(4) Architectural detailing, such as lintels, cornices, brick bond,
foundation materials and decorative wooden features;
(5) Roof shapes, forms and materials;
(6) Proportions, shapes, positioning and locations, patterns and
sizes of any elements of fenestration;
(7) General form and proportions of buildings and structures;
(8) Appurtenant fixtures and other features such as lighting,
historic signs, outdoor advertising signs or other types of signs
with the exception of traffic control signs;
(9) Structural condition and soundness;
(10) Use of local or regional architectural traditions;
(11) Significant archaeological features of the area; and
(12) Effect of trees and other important landscape and natural
features.
32.2
is
•

$. Conflict with Other Laws
Whenever this ordinance requires a longer waiting period or imposes other higher
standards with respect to a designated historic property or district than are
established under any other statute, charter provision, regulation or ordinance, this
ordinance shall govern. Whenever the provisions of any other statute, charter
provision, ordinance or regulation require a longer waiting period or impose other
higher standards than are established under this ordinance, such other statute,
charter provision, ordinance or regulation shall govern.
6. Remedies
In case any building, structure, site, area or object designated as a historic property
or located within a historic district is about to be demolished (whether as the result
of deliberate neglect or otherwise), materially altered, remodeled, removed or
destroyed, except in compliance with this ordinance and applicable state law, the
City of Burlington, the Historic Preservation Commission and any other party
aggrieved by such action may institute any demolition, destruction, material
alteration, remodeling or removal, to restrain, correct or abate such violation, or to
prevent any illegal act or conduct with respect to such historic building, structure,
site, area or object. Such remedies shall be in addition to any others authorized by
state law for violation of a municipal ordinance.
Appropriations
The City Council is authorized to make appropriations to the Historic Preservation
Commission established pursuant to this ordinance in any amount that it may
determine necessary for the expenses of the operation of the Commission and may
make available any additional amounts necessary for the acquisition, restoration,
preservation, operation and management of historic buildings, structures, sites,
areas or objects designated as historic properties or within designated historic
districts, or of land on which historic buildings or structures are located or to which
they may be removed.
All lands, buildings, structures, sites, areas or objects .acquired by funds
appropriated by the City of Burlington shall be acquired in the naive of the City of
Burlington unless otherwise provided by the City Council. So long as owned by the
City of Burlington, historic properties may be maintained by or under the
supervision and control of the City of Burlington. However, all lands, buildings, or
structures acquired by the Historic Preservation Commission from funds other than
those appropriated by the City of Burlington may be acquired and held in the name
of the Historic Preservation Commission, City of Burlington or both.
8. Certain Changes Not Prohibited
Nothing in this ordinance shall be construed to prevent:
is
32.2
17

(A) The ordinary maintenance or repair of any exterior architectural
feature in a historic district or of a historic property that does not
involve a change in design, material or appearance thereof.
(B) The construction, reconstruction, alteration, restoration, moving or
demolition of any such feature that the building inspector or similar
official shall certify is required to protect the public safety because of
any unsafe or dangerous condition.
(C) A property owner from making any use of his property not prohibited
by other statutes, ordinances or regulations.
(D) The maintenance, or in the event of an emergency, the immediate
restoration of any existing above -ground utility structure without
approval by the Historic Preservation Commission.
9 Delay in Demolition of Historic Properties and Buildings Within Historic
Districts)
(A) Upon receipt of a request for a demolition permit, the Chief Building
Inspector shall deem whether or not the building, structure or site is
located within a historic district or is a designated historic property;
and if so, the person desiring the permit shall be notified that an
application must be filed with the Historic Preservation Commission
for a Certificate of Appropriateness.
•
(B) An application for a Certificate of Appropriateness authorizing the
relocation, demolition or destruction of a designated historic property
or a building, structure or site within a historic district may not be;
denied except as provided in 9(D) below. However, the -effective date
of such a certificate may be delayed for a period of up to 365 days
from the date of approval. The maximum period of delay authorized
by this ordinance shall be reduced by the Commission where it finds
that the owner would suffer extreme hardships or be permanently
deprived of all beneficial use of or return from such property by virtue
of the delay. During such period, the Historic Preservation
Commission may negotiate with the owner and with any other parties
in an effort to find a means of preserving the building or site. The
Commission may enter into negotiations with the owner for the
acquisition by gift, purchase, exchanges or otherwise of the property
or any interest therein authorized by G.S. 160A-400.8. The City
Council may exercise in accordance with G.S. 40A-3(b) its power of
eminent domain to acquire designated historic properties for which a
Certificate of Appropriateness for demolition has been filed. If the
Historic Preservation Commission finds that the building or site within
a district has no particular significance or value toward maintaining
the character of a district, it shall waive all or part of such period and
authorize earlier demolition or removal.
32.2
18

If the Commission has voted to recommend designation of a property
as historic or designation of an area as a district and final designation
has not been made by the City Council, the demolition or destruction
of any building, site or structure located on the proposed historic
property or in the proposed district may be delayed by the
Commission for a period of 180 days or until the City Council takes
final action on the designation, whichever occurs first.
(C) The City Council may enact an ordinance to prevent the demolition by
neglect of any designated historic property or any building or
structure within an established historic district. Such ordinance shall
provide appropriate safeguards to protect property owners from
undue economic hardships.
(D) An application for a Certificate of Appropriateness for demolition or
destruction of a building, site or structure determined by the State
Historic Preservation Officer as having statewide significance
according to the criteria of the National register of Historic Places may
be denied except where the Commission finds that such denial would
cause the owner to suffer extreme hardship or be permanently
deprived of all beneficial use or return from the property.
(10) Compliance
Compliance with the provisions of this ordinance shall be enforced by the
City of Burlington. Any person violating any provision of this ordinance or
failure to comply with any of its requirements shall be punishable in
accordance with Section 32.18, Enforcement of the City Zoning Ordinance.
(11) Severabilit
The provisions of the ordinance are severable, and if any section or part shall
be held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of the ordinance, it being the declared intent of the
City Council that this ordinance would have been adopted had such invalid
or unconstitutional provision not been included herein.
32.2
19

Q. Water Supply -Watershed Protection Regulations: (Amendment adopted
March 5, 1996)
0 1. Purpose
In order to protect the watershed areas and water supply lakes for the City of
Burlington and to provide for a safe and potable water supply for present and
future generations of Burlington residents, this subsection "Q" is hereby
adopted as the Watershed Protection Regulations (hereinafter referred to as
"the Regulations") of the City of Burlington.
2. Definitions
For the purpose of these Watershed Regulations in Section 32.2:Q, the
following definitions shall apply:
Balance of Watershed (BO)E - The entire land area contributing surface
drainage to a specific point, the public water supply intake, minus the
watershed critical area.
Buffer - An area of natural or planted vegetation through which stormwater
runoff flows in a diffuse manner so that the runoff does not become
channelized and which provides for infiltration of the runoff and filtering of
pollutants. The buffer is measured landward from the normal pool elevation
of impounded structures and from the bank of each side of streams or rivers.
Built -Upon Area - A surface area composed of any material that impedes or
prevents natural infiltration of water into the soil. Built -upon areas shall
include that portion of a development project that is covered by impervious
or partially impervious cover- including buildings, pavement, gravel areas .--
(e.g., roads, parking lots, paths), decks, swimming pools, tennis courts, etc:
Chief Building Inspector - An official or designated person of the City of
Burlington responsible for administration and enforcement of these
Regulations.
Cluster Development -- The grouping of buildings in any order to conserve
land resources and provide innovation in the design of the project including
minimizing stormwater runoff impacts. This term includes non-residential
development as well as single-family residential and multifamily
developments. For the purpose of this definition, Planned Unit
Developments and mixed -use developments are considered as cluster
development.
Critical Area - See Watershed Critical Area.
32.2
20

Development - Any land -disturbing activity that adds to or changes the
amount of impervious or partially impervious cover on a land area or that
otherwise decreases the infiltration of precipitation into the soil.
Existing Development - Those projects that are built or those projects that at
a minimum have established a vested right under North Carolina zoning law
as of the effective date of this overlay district, based on at least one of the
following criteria:
a. Substantial expenditures of resources (time, labor, money) based on a
good faith reliance upon having received a valid local government
approval to proceed with the project; or,
b. having an outstanding valid building permit as authorized by the North
Carolina General Statutes (G.S. 153A-344.1 and G.S. 160A-385.1); or,
C. having an approved site specific site or phased development plan as
authorized by the North Carolina General Statutes (G.S. 153A-344.1
and G.S. 160A-385.1).
Existing Lot (Lot of Record) -A lot or tract of land that is part of a subdivision,
a plat that has been recorded in the office of the Alamance County Register of
Deeds prior to the adoption of this ordinance, or a lot on tract of land
described by metes and bounds, the description of which has been so
recorded prior to the adoption of this overlay district.
• Hazardous Production Material (HPM) - A solid, liquid or gas that has a
degree rating in health, flammability or reactivity of Class 3 or 4 as ranked
by NFIPA 704 and that is used directly in research, laboratory or production
processes that have as their end product materials that are not hazardous, as
defined in the North Carolina State Building Code, Volume V - Fire
Prevention.
•
Highly Toxic Material (HTM) - A material that produces a lethal dose or lethal
concentration within those categories as defined by the Code of Federal
Regulations (CFR): Title 29, CFR 1910.1200, as defined in the North Carolina
State Building Code, Volume V - Fire Prevention.
Impervious Surface - Any material that reduces and prevents absorption of
stormwater into previously undeveloped land.
Landfill - A facility for the disposal of solid waste on land in a sanitary manner
in accordance with Chapter 130A, Article 9, of the North Carolina General
Statutes. For the purpose of this overlay district, this term does not include
composting facilities.
'32.2
21

Maior Variance — A variance from the minimum statewide watershed
protection rules that results in the relaxation by a factor of greater than 10
percent of any of the management requirements. Major variances shall be
approved by the North Carolina Environmental Management Commission
after initial review and recommendation from the City of Burlington. The
Planning Department shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for
consumption.
Minor Variance — A variance from the minimum statewide watershed
protection rules that results in a relaxation by a factor of up to 10 percent of
any management requirements.
Non -Residential Development -- All development other than residential
development.
Perennial Streams — Streams located on United States Geological Survey
(USCG) maps shown as solid blue lines.
Residential Development — Buildings for residence such as attached and
detached single-family dwellings, apartment complexes, condominiums,
townhouses and cottages and their associated outbuildings such as garages,
storage buildings and gazebos and customary home occupations.
. Residuals — Any solid or semi -solid waste generated from a wastewater
treatment plant, water treatment plant or air pollution control facility
permitted under the authority of the Environmental Management
Commission.
Solid Waste Management Facility — Land, personnel and equipment used in
the management of solid waste as defined in Title 1SA of the North Carolina
Administrative' Code.
L I
Stormwater Program_ Manager - An official or designated person of the City
of Burlington responsible for the compliance and maintenance of all
stormwater regulations. (Amendment adopted June 17, 2003)
Structure — Anything constructed or erected including but not limited to
buildings that requires location on the land or attachment to something
having permanent location on the land.
32.2
22

•
Toxic Substance — Any substance or combination of substances (including
disease -causing agents), that after discharge and upon exposure, ingestion,
inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through foo& chains, has the potential
to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions (including malfunctions or suppression in
reproduction or growth) or physical deformities in such organisms or their
off -spring or other adverse health effects.
Vested Right — A right pursuant to North Carolina General Statutes 153A-
344.1 and 160A-385.1 to undertake and complete the development and use of
property under the terms and conditions of an approved site -specific
development plan.
Water Dependent Structure — Any structure for which the use requires access
to or proximity to or citing within surface waters to fulfill its basic purpose,
such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities
such as restaurants, outlets for boat supplies, parking lots and commercial
boat storage areas are not water -dependent structures.
Watershed — The entire land area contributing surface drainage to a specific
point (e.g., the water supply intake).
Watershed Critical Area (WCA) — The area adjacent to a water supply intake
or reservoir where risk associated with pollution is greater than from the
remaining portions of the watershed. The critical area is defined as
extending one mile from the normal pool elevation of a water supply
reservoir or to the ridge line of the watershed (whichever comes first); or
one=mile upstream from the intake located directly in -the stream or river' (run
of the river), or the ridge line of the watershed (whichever comes first).
Watershed Management Plan -- A plan that documents industries that are
located within watershed boundaries that use, store or manufacture
chemicals that could potentially pose a threat to water quality and the
response procedures for handling spills and/or discharges.
3. Authority and General Regulations
a. Authority and Enactment — The Legislature of the State of North
Carolina has in Chapter 160A, Article 19, Section 381 (Planning and
Regulation of Development, Zoning) directed local government units
to adopt regulations designed to promote the public health, safety,
and general welfare of the community. The City Council for the City of
Burlington does hereby ordain and enact into law that City Ordinance
Section 32.2:Q is hereby repealed and deleted in its entirety and a
new Section 32.2:Q is written to read as follows:
32.2
23

b. jurisdiction — The provisions of these Regulations shall apply within the
areas designated as a Public Water Supply Watershed by the N.C.
• Environmental Management Commission and shall be defined and
established on the map entitled "Watershed Protection Map of
Burlington, North Carolina" ("the Watershed Map"), that is adopted
simultaneously herewith. The Watershed Map and all explanatory
matter contained thereon accompany and are hereby made a part of
these Regulations. Watershed Critical Area boundaries are
delineated on the following Alamance County Tax Maps: 2-1, 2-2, 2-3,
2-3A, 2-9, 3-22F, 3-23, 3-23A, 3-23B. These Regulations shall be
permanently kept on file in the office of the City Clerk for the City of
Burlington.
C. Exceptions to Applicability
(1) Nothing contained herein shall repeal, modify or amend any
Federal or State law or regulation or any ordinance or
regulation pertaining thereto except any ordinance that these
Regulations specifically replace.
(2) It is not intended that these Regulations interfere with any
easement, covenants or other agreements between parties.
However, if the provisions of these Regulations impose greater
restrictions or higher standards for the use of a building or land,
then the provisions of these Regulations shall control.
• (3) Existing development, as defined in these Regulations, is
regulated under the provisions as stated in 4.a.(3)(m).
(Amendment adopted June 17, 2003)
(4) An existing lot owned by an individual prior to the effective date
of these Regulations, regardless of whether or not a vested right
has been established, may be developed for single-family
residential purposes without being subject to the restrictions of
these Regulations.
32.2
24

d. Repeal of Existing Watershed Regulations -- These Regulations in part
carry forward by re-enactment some of the Watershed Protection
Regulations of the County of Alamance, North Carolina, adopted by
the Board of County Commissioners on September 20, 1993, and it is
not the intention to repeal but rather to re-enact and continue in force
such existing provisions so that all rights and liabilities that have
accrued thereunder are preserved and may be enforced. All
provisions of the Watershed Regulations that are not re-enacted herein
are hereby repealed. All suits at law or in equity and/or all
prosecutions resulting from the violation of any regulatory provisions
heretofore in effect that are now pending in any court of this State or of
the United States, shall not be abated or abandoned by reason of the
adoption of these Regulations, but shall be prosecuted to their finality
the same as if these Regulations had not been adopted; and any and all
violations of the existing Watershed Protection Regulations,
prosecutions for which have not yet been instituted, may be hereafter
filed and prosecuted; and nothing in these Regulations shall be so
construed as to abandon, abate or dismiss any litigation or prosecution
now pending and/or that may heretofore have been instituted or
prosecuted.
e. Remedies
(1) If any subdivision, development and/or land use is found to be
in violation of these Regulations, the City Manager may initiate
an action in the name of the City of Burlington, in addition to all
other remedies available either at law or in equity, institute an
action or proceedings to restrain or correct the violation; an
action -.tom -prevent occupancy of the building, structure, or -land;
or an action to prevent any illegal act, conduct, business or use
in or about the premises. No activity, situation, structure or land
use shall be allowed within the watershed area that poses a
threat to water quality and the public health, safety and welfare.
Such conditions may arise from inadequate on -site sewage
systems that utilize ground absorption; inadequate
sedimentation and erosion control measures; the improper
storage and disposal of junk, trash or other refuse within a
buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the
improper management of stormwater runoff or any other
situation found to pose a threat to water quality. All remedies as
outlined in Section 32.18 of this ordinance are available to
address public health violations as specified above. In addition
to all local remedies, the North Carolina Environmental
Management Commission may assess civil penalties in
accordance with North Carolina General Statute 143-218.6 (A).
a
32.2
25

(2) If the Chief Building Inspector of the City of Burlington finds that
any of the provisions of these Regulations are being violated,
the administrator shall notify in writing the person responsible
for such violations, indicating the nature of the violations and
ordering the action necessary to correct it. He shall order
discontinuance of the illegal use of land, buildings or structures;
removal of illegal buildings or structures or of additions,
alterations or structural changes thereto; discontinuance of any
illegal work being done; or shall take any action authorized by
these Regulations to ensure compliance with or to prevent
violation of its provisions. If a ruling of the Chief Building
Inspector is questioned, the aggrieved party or parties may
appeal such a ruling to the Board of Adjustment within 30 days
of such ruling.
f. Sev_erability -- Should any section or provision of these Regulations be
declared invalid or unconstitutional by any court or competent
jurisdiction, the declaration shall not affect the validity of these
Regulations as a whole or any part thereof that is not specifically
declared to be invalid or unconstitutional.
g. Effective Date — These Regulations shall take effect and be in force on
March 5, 1996.
4. Development Regulations
a. Watershed Areas Described and Identified — For purposes of these
Regulations, watersheds in the City of Burlington, including the area
-1
within the extraterritorial jurisdiction (ETJ), are identified as well as a --
WS-II-CA Watershed Critical Area (WCA). The Great Alamance
Creek Watershed is identified as a WCA. The WCA is the area
extending either one mile from the normal pool elevation of a water
supply reservoir or to the ridge line of the watershed (whichever
comes first); or one mile upstream from the intake located
directly in the stream or river (run of the river), or the ridge line of
the watershed (whichever comes first). The Balance of Watershed
(BOW) is defined as the entire land area contributing surface drainage
to a specific point, the public water supply intake, minus the
Watershed Critical Area. In order to maintain a predominantly
undeveloped land use density pattern in the Watershed Critical Area,
single-family residential uses shall be allowed at a maximum of one
dwelling unit per two acres (1 dwelling unit/2 acres). All other
residential and non-residential development shall be allowed at a
maximum six percent built -upon area. A high -density option exists
when water and sewer services are available. (Amendment adapted
June 17, 2003)
32.2
26

(1) Allowed Uses:
•
Agriculture, subject to the provisions of the Food Security
Act of 1985 and the Food, Agricultural, Conservation and
Trade Act of 1990. ' Agricultural activities conducted after
January 1, 1993, shall maintain a minimum 10-foot vegetative
buffer or equivalent control as determined by the Soil and
Water Conservation Commission along all perennial waters
indicated on the most recent versions of the United States
Geological Survey (USGS) 1:24,000 (7.5 minute) scale topo
maps or as determined by local government studies. Animal
operations deemed permitted under state law 15A NCAC
211.02171 as recommended by the Soil and Water
Conservation Commission.
•
Single-family residential development.
•
Multifamily residential development.
Non-residential development:
• Institutional
• Educational
• Religious
• Office
• Recreational
(2) Prohibited Uses:
•
Sites for land application of residuals or petroleum
contaminated soils.
•
Landfills, incinerators and waste processors.
•
Commercial use that sells, stores or distributes motor fuel or
other hazardous materials.
•
Solid waste management facilities.
•
Airports.
Industry.
•
Metal salvage facilities including junkyards.
•
Manufacturing, use, or storage of any hazardous production
material (HPM) or highly toxic material (HTM) or any
material or substance determined by the City Council of the
City of Burlington to be injurious to the health, safety or
welfare of the City's residents due to the explosive,
flammable or toxic characteristics of the materials.
•
Package treatment plants and community sewage facilities,
except for subsurface septic tanks. These facilities are
allowed only if the Alamance County Health Department
determines that a public health problem can be alleviated
by constructing such facilities. Note: This provision does
not prohibit the extension of municipal sewer lines (public)
into the watershed critical area.
•
Underground fuel or chemical storage tanks.
32.2
27

•
(3) Density and Built -Upon Limits: (Amendment adopted June 17,
2003)
Watershed
Low Density Option -
High Density Option*
Lake Mackintosh
1 DU/2 acres or 6%
1.5 DU/1 acre or 24%
* Requires public water, sewer and engineered storm water
controls for 1" rainfall
Notes: DU = Dwelling unit(s); percentage (%) refers to built -upon
area of the lot, parcel or tract.
(a) Single -Family Residential -
Low -Density Option: Development shall not exceed one
dwelling unit of single-family detached residential
development per two acres (1 dwelling unit/2 acres) on a
project -by -project basis. No residential lot shall be less
than two acres (80,000 square feet excluding roadway
right-of-way) except within an approved, planned cluster
development.
High -Density Option: Development shall not be allowed
to exceed one and half dwelling units of single-family
detached residential development per one acre (1.S
- — dwelling unit/1 acre) on -a project -by -project basis. In
order to allow the high -density option to be utilized, the
following requirements must be met: (Amendment
adopted June 17, 2003)
• Requires public water
• Requires public sewer
• Requires engineered stormwater controls
Minimum hot Size - Within 400 feet of the normal pool
level, a minimum lot size of one acre is required under
the high -density option. (Amendment adopted June 17,
2003)
32.2
28

(b) All Other Residential and Non -Residential — Development
shall not exceed six percent built -upon area on a project -
by -project basis under a low -density option or 24 percent
built -upon area under the high -density option. For the
purpose of calculating a built -upon area, total project
area shall include total acreage in the tract on which the
project is to be developed. (Amendment adopted June
17, 2003)
(c) Existing__ Development — Existing development is
regulated under the provisions as stated in 4.a.(3)(m).
(Amendment adopted June 17, 2003)
(d) Above -Ground Storage Tanks: A spill containment plan
is required for all new above -ground storage tanks with
accumulative capacity of over 250 gallons.
(e) Runoff Control: Runoff control is required for
development using the high -density option. The runoff
control shall be by use of a wet detention pond or other
best management practice (i.e., retention pond, natural
infiltration area, filter basin, etc.) meeting the
performance standards of control of the first one inch of
rainfall and removal of 85 percent total suspended solids
(TSS) and meeting the guidelines in the North Carolina
Department of Environment and Natural Resources
(NCDENR) Stormwater Best Management Practices
Guide, A North Carolina registered professional with
qualifications appropriate for the type- of system required
shall design all stormwater control structures. These
professionals are defined as professional engineers,
landscape architect, to the extent that the North Carolina
General Statutes, Chapter 89A, allow and land surveyors,
to the extent that the design represents incidental
drainage within a subdivision as provided in N.C.G.S. 89
(C)-3(7). (Amendment adopted June 17, 2003)
(f) Maintenance Responsibilities: (Amendment adopted
June 17, 2003)
1) When runoff control structures serve more than
one lot, a homeowners' association or binding
contract for the purpose of maintenance shall be
required.
32.2
29

2) Maintenance of runoff control structures shall be
• performed at such time as the designated
sediment storage volume of the structure has been
lost to sediment or a part of the installation is not
functioning as originally designed. The
Enforcement Officer shall have the responsibility
to inspect runoff control structures annually, to
record the results on forms approved or supplied
by the ' North Carolina Division of Water Quality
and to notify the responsible property owner of
homeowners' association when maintenance or
repairs are required.
•
All required repairs and maintenance shall be
performed within 90 days after such notice. In
case of failure by the responsible party to
performed the required maintenance or repairs
within the stated period, the jurisdiction may
perform such maintenance or repairs and recover
all costs plus an additional 10 percent from the
property owner or homeowners' association,
(g) Stream Buffer — A 50-foot stream buffer on each bank is
required on all perennial streams.
(h) Lake Buffer — A 100-foot wide natural buffer shall be
maintained around all water supply reservoirs, measured
from the normal pool elevation outward. Desirable
artificial streambank or shoreline stabilization is
permitted. No new development is allowed in the buffer
except for water dependent structures and public
projects such as road crossings and greenways where no
practical alternative exists. These activities should
minimize built -upon surface area, direct runoff away from
the surface waters and maximize the utilization of North
Carolina Department of Environment and Natural
Resources (NCDENR) Stormwater Best Management
Practices.
(i) Cluster _Development — Clustering of development is
encouraged and allowed in the watershed under the
following conditions:
32.2
30

1) Minimum lot sizes are not applicable to single-
family cluster development projects; however, the
total number of lots shall not exceed the number of
lots allowed for single-family detached
development in 4.a.(3)(a) above. Density or built -
upon areas for the project shall not exceed that
allowed for the critical area. (Amendment
adopted June 17, 2003)
2) All built -upon areas shall be designed and located
to minimize runoff impact to the receiving waters
and minimize concentrated stormwater flow.
3) The remainder of the tract shall remain in a
vegetated or natural state. The title to the open
space area shall be conveyed to an incorporated
homeowners' association for management; to a
local government for preservation as a park or
open space; or to a conservation organization for
preservation in a permanent easement. Where a
property association is not incorporated, a
maintenance agreement shall be filed with the
property deeds.
i(j} Site Plan Requirements — Site plans are required for all
development, including single-family residences. Site
plans should be submitted to the Chief Building Inspector
or Planning Department of the City of Burlington for
approval. A permit will not be issued until the site plan, is
approved. Site plans for . development within the
Watershed Critical Area shall meet the following
requirements:
1) Five copies of site plans shall be submitted on 18"
x 24" sheets.
2) Plan shall,be to scale no smaller than 1" = 100'.
3) Plan shall show the following:
• Title block (development name,
owner/developer, township, scale and tax map
number).
• Property lines.
32.2
31

•
• North arrow.
• Vicinity map.
• Legend.
• Location of existing and proposed structures
and all other impervious improvements.
• Site data (total acres, total impervious area,
total number of lots, etc.)
• Easements — location width and purpose.
• Location of ponds, lakes and perennial streams.
• Location and elevation of 100-year flood plain
and marginal land.
• Location of septic tank and drainage field or
public utilities.
• Location of well(s) and public utilities.
• Sedimentation and erosion control measures.
• Representative topography (City of Burlington
topographic maps).
• Front, side and rear yard requirements.
• Surveyor or engineer's seal.
• Lake and stream buffers.
• Date.
(k) Rules Governing the Interpretation of Watershed Area
Boundaries — Where uncertainty exists as to the
boundaries of the watershed areas, as shown on the
Watershed Map, the following rules shall apply:
1) Wheg area boundaries are indicated as
approximately following either street, alley,
railroad or highway lines or centerlines thereof,
such lines shall be construed to be said
boundaries.
2) Where area boundaries are indicated as
approximately following lot lines, such lot lines
shall be construed to be said boundaries.
However, a surveyed plat prepared by a
registered land surveyor may be submitted to the
City as evidence that one or more properties along
these boundaries do not lie within the watershed
area.
s
32.2
32

3) Where the watershed area boundaries lie at a
scaled distance more than 25 feet from any parallel
lot line, the location of watershed area boundaries
shall be determined by use of the scale appearing
on the Watershed Map.
4) Where the watershed area boundaries he at a
scaled distance less than 25 feet from any parallel
lot line, the location of watershed area boundaries
shall be construed to be the lot line.
(1) Application of Regulations
1) No building or land shall hereafter be used and no
development shall take place except in conformity
with the Regulations herein specified for the
watershed area in which it is located.
2) No area required for the purpose of complying
with the provisions of these Regulations shall be
included in the area determining compliance
required for another building.
3) Every residential building hereafter erected,
moved or structurally altered shall be located on a
lot that conforms to the Regulations herein
specified, except as permitted in 4.a.(3)(m).
(Amendment adopted June 17, 2003)
4) if a use or class of use is not specifically indicated
as being allowed in a watershed area, such use or
class of use is prohibited.
(m) Existing Development - Any existing development, as
defined in these Regulations, may be continued and
maintained subject to the provisions provided herein:
1) Expansion of Existing Development - Expansions
to structures classified as existing development
must meet the requirements of this ordinance. The
total built -upon area added to a lot after the
effective date of these Regulations may not exceed
the built -upon requirements of the Watershed
Critical Area (WCA) zone. The built -upon area of
the existing development is not required to be
included in the built -upon area calculations.
32.2
33

2) Reconstruction of Buildings or Built -Upon Areas -
Any existing building or built -upon area not in
conformance with the restrictions of these
Regulations that have been damaged or removed
may be repaired and/or reconstructed in
accordance with the provisions of Section 32.14 of
this ordinance. Additionally, the total amount of
space devoted to a built -upon area may not be
increased unless the additional built -upon area
meets the expansion requirements of 4.a.(3)(m) of
•these Regulations. (Amendment adopted June 17,
2003)
3) Uses of Land - This category consists of uses
existing at the time of adoption of these
Regulations where such use of the land is not
permitted to be established hereafter in the
watershed area in which it is located. Such uses
may be continued except as regulated in Section
32.14:E of this ordinance.
4) Vacant Lots - This category consists of vacant lots
for which plats or deeds have been recorded in
accordance with the City of Burlington Subdivision
is
Regulations in the office of the Alamance County
Register of Deeds. A lot may be used for any of the
uses allowed in the watershed area in which it is
located.
•
(n) Watershed Protection Permit
1) No building or built -upon area shall be erected,
moved, enlarged or structurally altered, nor shall
any building permit be issued nor shall any
change in the use of any building or land be made
until a Watershed Protection Permit has been
issued by the Chief Building Inspector or Code
Enforcement Officer.
2) No Watershed Protection Permit shall be issued
except in conformity with the provisions of these
Regulations.
32.2
34

3) Watershed Protection Permit applications shall be
. filed with the Chief Building Inspector. The
application shall include a completed application
form and supporting documentation.
C,
4) Prior to the issuance of a Watershed Protection
Permit, the Chief Building Inspector may consult
with qualified personnel for assistance to
determine if the application meets the
requirements of these Regulations.
5) A Watershed Protection Permit shall expire if a
building permit or Watershed Occupancy Permit
for such use is not obtained by the applicant within
12 months from the date of issuance.
(o) Building Permit Required — No permit required under the
North Carolina State Building- Code shall be issued for
any activity until a Watershed Protection Permit is issued.
(p) Watershed Protection Occupancy Permit
1) The Chief Building Inspector in the Inspections
Department shall issue a Watershed Protection
Occupancy Permit certifying that all requirements
of these Regulations have been met prior to the
occupancy or use of a building hereafter erected,
altered or moved and/or prior to the change of use
of any building or land.
2) A Watershed Protection Occupancy Permit, either
for the whole or part of a building, shall be applied
for coincident with the application for a Watershed
Protection Permit and shall be issued or denied
within 10 days after construction is approved by
the Inspections Department.
3) When a change in the use of land or use of an
existing building occurs, the Chief Building
Inspector shall issue a Watershed Protection
Occupancy Permit certifying that all requirements
of these Regulations have been met coincident
with the Watershed Protection Permit.
32.2
35

4) No building or structure that has been erected,
moved, or structurally altered may be occupied
until the Chief Building Inspector in the Inspections
Department has approved and issued a Watershed
Protection Occupancy Permit.
5) If the Watershed Protection Occupancy Permit is
denied, the Chief Building Inspector in the
Inspections Department shall notify the applicant
in writing within 30 days stating the reasons for
denial.
5. Administration
a. Chief Building Inspector Planning Department and Duties Thereof — It
shall be the duty of the Chief Building Inspector to administer and
enforce the provisions of these Regulations as follows:
(1) The Chief Building Inspector shall issue Watershed Protection
Permits and Watershed Protection Occupancy Permits as
prescribed herein. A record of all permits shall be kept on file
and shall be available for public inspection during regular
office hours.
(2) The Planning Department shall keep records of all amendments
is to the local Water Supply Watershed Protection Regulations and
shall provide copies of all amendments upon adoption to the
Water Quality Section of the Division of Environmental
-Management.
•
(3) The Chief Building Inspector is granted the authority to
administer and enforce the provisions of these Regulations,
exercising in the fulfillment of his responsibility the full police
power of the City of Burlington. The Chief Building Inspector,
or his duly authorized representative, may enter any building,
structure or premises as provided by law to perform any duty
imposed upon him by these Regulations.
(4) The Chief Building Inspector shall keep a record of variances to
the local Water Supply Watershed Protection Regulations. This
record shall be submitted for each calendar year to the Water
Quality Section of the Division of Environmental Management on
or before January I" of the following year.
32.2
36

(5) The Stormwater Program Manager shall be responsible for
compliance and maintenance of all stormwater controls that are
developed pertaining to this ordinance. (Amendment adopted
June 17; 2003)
b. Appeal from the Chief Building InsRector - Any order, requirement,
decision or determination made by the Chief Building Inspector may
be appealed to and decided by the Board of Adjustment within 30
days. (Amendment adopted June 17, 2003)
C. Changes and Amendments - After receiving a recommendation from
the City of Burlington Planning and Zoning Commission, the City
Council may, on its own motion or on petition after public notice and
hearing, amend, supplement, change or modify the Watershed
Regulations and restrictions as described herein. No amendments,
supplements or changes shall violate the watershed protection rules.
d. Watershed Management Plan - The City of Burlington is included in
the Alamance County Watershed Management Plan as outlined in
Article 400 of the Alamance County Watershed Protection Ordinance.
e. Hazardous Materials Inventory - An inventory of hazardous materials
as applicable to the Alamance County Watershed Management Plan
contained in the Alamance County Watershed Protection Ordinance
shall be kept in the Planning Department of the City of Burlington and
the Alamance County Emergency Management Office.
32.2
37

Storm Drainage Policv and Procedures
(.SUBDIVISIONS:
Storm drainage systems in any new subdivision shall be the entire and sole responsibility of the
developer. All new subdivisions shall have drainage systems installed by the developer in accordance
with requirements and regulations of the City of Burlington. Pipe sizes shall be
as determined by the engineer for the developer and approved by the City Engineering Department.
II.PRIVATE PROPERTIES OTHER THAN NEW SUBDIVISIONS:
The City may participate with property owners in the installation of storm drainage improvements crossing
private residential property in other than new subdivisions within the City's corporate limits under the
following conditions:
1. The storm drainage system to be installed must carry storm water discharged from an existing City
street dedicated for public street purposes (including alleys). Said streets must be accepted for
permanent maintenance by the City of Burlington.
2. The property owner(s) will furnish the City of Burlington, without cost, a duly signed good and sufficient
easement conveying to the City permission to enter and cross said property as necessary for the purpose
of performing any and all types of work related to the installation of said storm drainage system. The
property owner will be responsible for the removal of any trees, shrubs, fences or other encumbrances
that would impede the performance of the work,
3. The minimum distance in which the City will participate in the installation of storm drainage systems will
be the distance required to extend from one property line to another property line of the same lot. Any
shorter distances than that required to traverse one lot must be deemed feasible by the City prior to City
participation. Any application for the installation of storm drainage systems within several lots must be
signed by 100 percent of the affected property owners within the proposed project area.
4. Alf pipe sizes, stabilized channels, structural accessories, discharge points, and other specifications
shall be as determined by the City. All pipe is to be of reinforced concrete unless determined otherwise by
the City.
5. All materials for the project shall be as determined necessary by the City and shall include headwalls,
manholes, catch basins, brick, block, concrete, flumes, pipe, splash pads, rip rap, stone,fill material, filter
fabric, seed, fertilizer, straw, mortar, and any other accessories or materials necessary to complete the
project.
6. Upon receiving a request from a property owner(s) the City staff will determine if the request is eligible
for City participation. If the proposed project is determined to be eligible, preliminary plans and cost
estimates for the project will be completed by City.staff and the most appropriate method of addressing
the problem will be discussed with the owner(s). The owner(s) will then decide ifthe project is viable.
7. If authorized by the owner(s), plans and specifications wilt be completed and the project will be let to
bids on a lump sum basis. If the lowest bid from a responsible, qualified bidder is acceptable to the
owner(s) and the City, the property owner(s) and the City will share in the cost of the project on a 50% -
50% basis. The City's share of the cost of the project will be limited to $10,000 per lot or per owner.
8. The property owner(s) can either deposit with the City one-half of the lowest, acceptable bid amount or
make arrangements to petition the City to be assessed for the final cost over a 5-year period at the
prevailing interest rate for assessments. If funds are deposited for one-half of the bid amount, then upon
• completion of the project and final inspection by City staff and the owner(s), the final cost including any
approved change orders will be determined and any necessary adjustment (refund or additional billing)

will be made to the previously deposited amount.
• 9. In the event that more than one property owner is involved in a storm drainage project, the cost for
each property owner shall be determined by dividing the total cost for the project by the total footage of
property owners adjoining the proposed system and multiplying the resultant by the footage of each
individual owner {[footage of each owner divided by total footage] x total cost) unless otherwise agreed
prior to installation.
10. All storm drainage construction on private property shall be on a low priority and shall be done on a
scheduled basis so as not to interfere with other City projects and then only as budgeted funds of the City
are available.
11. The City reserves the right to refuse to participate in any project that is determined to be excessive in
cost or of limited benefit as a storm water improvement measure. Any decision by City staff to refuse
participation in an otherwise "eligible" project maybe appealed upon written request for consideration by
the City Council.
B. Storm drainage systems crossing private property which do not carry storm water from existing City
streets dedicated for public street purposes and accepted for maintenance by the City shall be the sole
responsibility of the property owner and the City will not participate in the installation of said storm
drainage systems.
C. No action of lack of action of the City pursuant to the policy established by this resolution whether in
the past, present, or future shall impose upon the City of Burlington its agents, officers, or
D. employees any responsibility or liability of any kind relating to any person or property. The petitioners
shall agree to covenant to and to hold the City harmless from any death, personal injury or property
damage resulting from construction of the project. No such action by the City shall be considered or
. construed as accepting responsibility for maintenance of any stream, drain, or any ditch as a part of the
City's drainage system.
E. The conditions and easements set forth in this resolution shall be binding upon the heirs, successors,
assigns, and grantees of the petitioners.
F. Nothing herein shall be construed, interpreted, or implied in such a manner as to aid or assist in the
development of subdivisions or the development of properties in the City. The policy set out herein shall
be applicable only to existing lots for which no new subdivision or development is anticipated or planned.
G. This policy and procedure does not apply to driveway pipe installation nor the maintenance of ditches.
May - 1991
Revised 11/15/94
Revised 8/14196
10