NCS000466_ANNUAL REPORT_20100616

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
�CS QUO Lt(Q
DOC TYPE
FI AL PERMIT
Z"A--NNUAL REPORT.
❑ APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑
YYYYMMDD

ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Erosion Control Division
[phone]
[phone] (FAX)
www.co.orange.nc.us
,tune 16, 2010
Mr. Mike Randall
Stormwater Staff Engineer
Wetlands and Stormwater Branch, Division of Water Quality
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Re: Town of Hillsborough's NPDES Phase II Annual Report
Dear Mike,
306E Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
On behalf of the Town of Hillsborough, I am enclosing 3 bound copies of their
Comprehensive Stormwater Management Plan as part of their NPDES Phase 2 permit
renewal. Ms. Nicole Ard with the town already submitted electronic copies of the
application and supporting documents.
If you have any questions regarding this submittal, please feel free to contact me at the
address or phone number listed above. You can also reach me via e-mail at
thackettca7_co. orange. nc. us.
Sincerely,
Terry L. Hackett
Stormwater Resource Officer
CC" Ren Ivins
file
SA5 l rosion Control and Water QualityTrosion Control and Water QualityTrosion Control Divlliillsborough Phase
1IlCorrespondsarcc106.16.10.Letter,MikeRandalLdoe

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
Date Rec'd
Fee Paid
Permit Number
This application form Is for use by public bodies seeking NPDES stonnwater 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
PermitApplication (SWU-270) and the accompanying narrative documentation, completed In accordance with
Instructions for Preparing the Comprehensive Storm water Management Program Report (5WU-268) 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
a.
Name of Public Entity
Town of Hil[sborough
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
town, county, prison, school,
Town
etc.)-
d.
Federal Standard Industrial
--
SIC 91 - 97
Classification Code
e.
County(s)
Orange
f. Jurisdictional Area (square
miles
Town Limits: 5.6 sq. mi.; ETJ: 5.1 sq. mi.
9.
Population
Permanent
6,660
Seasonal (if available)
N/A
h.
Ten-year Growth Rate
22 3°%
I.
Located on Indian Lands?
❑ Yes 9 No
II. RPE J MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
square miles
5.6 sq. miles
b.
River Basin(s)
Neuse River Basin
c.
Number of Primary Receiving
Streams
7
d.
Estimated percentage of 'urisdictional area containing the following four land use activities:
•
Residential
27%
•
Commercial
14°%
•
Industrial
4%
•
Open Space
_
55%
Total =
100°%
e.
Are there significant water
quality issues listed in the
attached application report?
0 Yes 9 No
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
0 Yes ❑ No
b. Local Water Supply Watershed Program
x❑ Yes ❑ No
c. Delegated Erosion and Sediment Control Program
❑ Yes 0 No
d. CAMA Land Use Plan
❑ Yes x❑ 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 [x 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
permittees?
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?
9 Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Orange County
• Element they will implement
Erosion Control Program and overall Stormwater Program
Implementation
• Contact Person
Terry Hackett
• Contact Address
131 W. Margaret Lane, Hillsborough, NC 27278
• Contact Telephone Number
919-245-2588
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
SWU-264-103102

NPDES RPE Stormwater Permit Application
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 forgathering the
information, the information submitted is, to the best of my knowledge and bellef, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of Ernes and imprisonment for knowing violations.
Signature
4&lceter:s�o�n
Name
Title
Town Manager
Street Address
101 East Orange Street
PO Box
P.O Box 429
City
Hillsborough
State
NC
ZIP
27278
Telephone
919-732-1270
Fax
919-644-2390
E-Mail
[e-mail]
VIII. MS4 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
Nicole Ard
b.
Title
Assistant Town Manager
c.
Street Address
101 East Orange Street
d.
PO Box
P.0 Box 429
e.
City
Hillsborough
f.
State
NC
g.
Zip
27278
h.
Telephone !Number
919-732-1270
i.
Fax Number
919-644-2390
j.
E-Mail Address
nicole.ard hiilsboroughnc.arg
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
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
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
Waste Water Treatment Plant, NCG110115, Jeff Mahagan,
Permit Number
Supervisor
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
approval
^_preconstruction
g. Ocean dumping permits under the
Marine Protection Research and
N/A
Sanctuaries Act
h. Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided In the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and Include a Table of Contents with
page numbers for each entry.
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. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALTTY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
5WU-264-103102

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
S. 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
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
SM-264-103102

7
y
Town of Hillsborough
Town
of IN
S
NPDES Phase II
Stormwater Management Program
Comprehensive
Stormwater Management Plan
June 2010

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
TABLE OF CONTENTS
INTRODUCTION..................................................................................................................1
1.
Storm Sewer System Information.........................................................................
3
1.1 Population Served.......................................................................................3
1.2 Growth Rate................................................................................................
3
1.3 Jurisdictional Area.......................................................................................
3
1.4 MS4 Conveyance System............................................................................3
1.5 Land Use Composition.................................................................................3
1.6 TMDL Identification......................................................................................4
2.
Receiving Streams................................................................................................5
3.
Existing Water Quality Programs..........................................................................
6
3.1 Local Programs............................................................................................6
3.2 State Programs............................................................................................6
4.
Permitting Information...........................................................................................7
4.1 Responsible Party Contact List....................................................................7
4.2 Organizational Chart
....................................................................................7
4.3 Signing Official.............................................................................................7
4.4 Duly Authorized Representative...................................................................
7
5.
Co -Permit Status Information................................................................................8
6.
Reliance on Another Entity...................................................................................
9
6.1 Name of Entity.............................................................................................9
6.2 Elements Implemented................................................................................9
6.3 Contact Information......................................................................................9
6.4 Legal Agreement.........................................................................................9
7.
Stormwater Management Program Plan.............................................................10
7.1 Public Education and Outreach..................................................................10
7.2 Public Involvement and Participation.........................................................12
7.3 Illicit Discharge Detection and Elimination..................................................13
7.4 Construction -Site Stormwater Runoff Control.............................................15
7.5 Post -Construction Stormwater Management..............................................15
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations ...........
18
ANNUAL
REPORTING........................................................................................................19

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
STORMWATER PROGRAM BMP SUMMARY TABLES............................................................21
APPENDICES.................. .................................................................................................28
Organization Chart
Illicit Discharge Detection and Elimination Plan
Good Housekeeping Plan
Orange County's Stormwater Ordinance for Lands within the Neuse River Basin
StormwaterNVater Quality Related Polices, Practices and Regulations
n
f�
0

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
0 INTRODUCTION
Why Care About Stormwater?
North Carolina's number one water quality problem is stormwater runoff pollution. As
stormwater flows across impervious surfaces, it picks up various pollutants, such as oil &
grease, excess nutrients, bacteria and sediment. Polluted stormwater flows down our
storm drains and ditches where it is discharged, untreated, into our streams, rivers, and
lakes. Stormwater runoff pollution causes adverse impacts to aquatic ecosystems, poses
human health risks, and can greatly increase the cost of treating our drinking water.
Program Background
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Federal Clean Water Act. Phase I of the NPDES
Stormwater program was established in 1990. It required NPDES permit coverage for
municipalities with populations of 100,000 or more.
Phase II of the NPDES Stormwater program was signed into law in December 1999. The
Phase It program extended permit coverage to smaller (< 100,000 pop.) communities
and public entities that own or operate a municipal separate storm sewer system (MS4).
It required these smaller communities to develop a stormwater program and obtain an
NPDES permit for stormwater discharges.
In North Carolina, the Department of Environment and Natural Resources, Division of
Water Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ issued
the Town of Hillsborough's (Town) initial Phase 11 permit, on October 1, 2005. The permit
required the Town to develop, implement, and enforce a stormwater program designed
to reduce the discharge of pollutants from the MS4 to the maximum extent practicable.
The program was implemented in phases over the last five years. Pursuant to the permit
the stormwater program included the following six minimum measures or best
management practices (BMPs):
1. Public education and outreach on stormwater impacts;
2. Public involvement/participation;
3. Illicit discharge detection and elimination;
4. Construction site stormwater runoff control (Erosion Control);
5. Post -construction stormwater management for new development and
redevelopment;
6. Pollution prevention/good housekeeping for municipal operations.
Local Collaboration
Recognizing the need for assistance and the benefits of collaboration, the Town entered
into an inter -local agreement with Orange County (County) in March 2006. Under this
agreement, the County provided the Town with services to implement the Town's
Stormwater Program pursuant to their NPDES Phase II stormwater permit. The County
was already implementing a similar program required under the Neuse River Basin rules
1

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
(including education, post -construction stormwater, and illicit discharge requirements),
as well as a locally delegated erosion control program. This agreement not only
benefited the Town, but also benefited the County by essentially implementing one
program that satisfies both the Town's Phase li stormwater requirements and the
County's Neuse River Basin stormwater program requirements. By collaborating, both
entities satisfied requirements more economically.
The Town's Stormwater Program operates as a division of the Public Works
Department. The Assistant Town Manager oversees the program and works closely with
the County stormwater staff. The stormwater program is implemented by Orange
County's Erosion Control Division.
r
•
•
2

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
1. Storm Sewer System Information
1.1 Population Served
Estimated population served ....................... 6,660'
1.2 Growth Rate
Estimated growth rate .................................. 22.3%2
1.3 Jurisdictional Area
Town Limits ................................................. 5.6 sq. mi
ETJ.............................................................. 5.1 sq. mi.
1.4 IVIS4 Conveyance System
Due to the age of the town, the stormwater conveyance system consists of a
variety of components. These range from typical curb and gutter systems
conveyed by concrete pipes to simple sheet flow. The predominate conveyance
components include grass lined swales and vegetated drainage ditches with
various pipes and culverts. There are also various detention systems within the
Town's jurisdiction, however these are on private property.
Conveyance system components are periodically inspected to ensure proper
• function. The North Carolina Department of Transportation (NCDOT) maintains
systems within public road rights -of -way. Systems located on private property,
including detention facilities and other engineered stormwater controls, are
maintained by the owner. Other maintenance activities include street sweeping
and leaf/debris removal.
1.5 Land Use Composition
Estimated Land Use3
Residential...................................................
27%
Commercial .................................................
14%
Industrial......................................................
4%
OpenSpace ................................................
55%
Total............................................................
100%
July 2008 Data from North Carolina Office of Budget and Management, Stale Demographics Data,
http://www.osbm.state.nc.us/.
2 Percentage increase from 2000 to 2008 (source North Carolina Office of Budget and Management)
3 Land use percentages were estimated from the Orange County Land Use GIS database. Area of parcels
for each designated land use type were summed and calculated for relative percentage of the planning
jurisdictional area.

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Manaqement Plan June 2010
•
•
•
1.6 TMDL Identification
Currently, no streams within the Town of Hillsborough's jurisdiction have an
associated Total Maximum Daily Load.

•
0
Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
2. Receiving Streams
The Town of Hillsborough lies entirely within the Falls Lake Watershed, which is part
of the Neuse River Basin. Specifically, the town drains to the Eno River. Specific
receiving waters are listed below.
;Stream
iDescriotion
Classification
IndexlNo.
Eno River
From a point 0.4 mile upstream of
WS-11; HOW,
27-2-(3.5)
(Corporation
Dry Run to dam at Lake Ben
CA, NSW
Lake,
Johnston (Orange County water
Lake Ben
supply intake & Town of
Johnston)
Hillsborough water supply intake)
Eno River
From dam at Lake Ben Johnston to
C; NSW, N
27-2-(7)
Orange County SR 1561
Seven Mile Creek
From a point 0.4 mile upstream of I-
WS-II; HOW,
27-2-6-(1.5)
85 to Lake Ben Johnston, Eno River
CA, NSW
Rocky Run
From a point 0.5 mile upstream of I-
WS-II; HOW,
27-2-6-2-(2)
85 to Seven Mile Creek
NSW
Cates Creek
From source to Eno River
C; NSW
27-2-8
Strouds Creek
From source to Eno River
C; NSW
27-2-9
Stony Creek
From source to a point 0.4 mile
C; NSW
27-2-13-(1)
upstream of Orange County SR
1710

Town of Hillsborough
Comprehensive Stormwater Management Plan
3. Existing Water Quality Programs
3.1 Local Programs
Stormwater Management Program
June 2010
The following programs and ordinances are being implemented within the Town's
jurisdiction.
Zoning Ordinance — regulates overall development and land use. Specific water
quality aspects include, local stream buffer rules and post construction
stormwater requirements.
Flood Damage Prevention Ordinance -- protects water quality by preventing new
development within flood hazard zones.
Local Nutrient Sensitive Watershed (NSW) Strategy - Through its zoning
ordinance, the Town adopted sections of Orange County's Stormwater
Ordinance for Lands within the Neuse River Basin including nutrient
requirements and illegal discharges. Orange County has delegated authority
from the state to implement the Neuse Rules.
Local Water Supply Watershed Program — A portion of the Town's jurisdiction
includes designated Critical Area and WS-II classification. Protection measures
are included in the Town's zoning ordinance as approved by the state.
Delegated Erosion And Sediment Control Program - As noted in Section 6, the
• Town relies on Orange County to conduct an erosion control program. Orange
County has local delegated authority from the state.
Unified Development Ordinance — The Town of Hillsborough is currently
developing a Unified Development Ordinance (UDO). The UDO will address
stormwater and water quality.
C.
3.2 State Programs
State programs, including the Neuse Rules and Water Supply Watershed rules
are implemented at a local level. The Town of Hillsborough does rely on NCDOT
to maintain stormwater facilities and programs within their road rights -of -way.
6

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
4. Permitting Information
The Town's Stormwater Program operates as a division of the Public Works
Department. The Assistant Town Manager oversees the program and works closely
with the County stormwater staff. As noted in Section 6, the Town's stormwater
program is implemented by Orange County's Erosion Control Division.
4.1 Responsible Party Contact List
Overall implementation and oversight of the Town's Stormwater Program is
provided through the Town's Public Works Department. The Contact person is:
Nicole Ard
Assistant Town Manager/Public Works Director
Town of Hillsborough
101 E. Orange Street
P.O. Box 429
Hillsborough, NC 27278
Telephone: [phone]
Email: nicole.ardO-hillsboroughnc.org
4.2 Organizational Chart
The Town's organization chart is included in the Appendix.
• 4.3 Signing Official
The Town of Hillsborough operates under a council-manager form of
government. The town manager is responsible for management and oversight of
the Town's daily operations. Contact information is listed below:
Eric Peterson, Town Manager
Town of Hillsborough
101 E. Orange Street
P.O. Box 429
Hillsborough, NC 27278
Telephone: [phone]
Email: eric.peterson(a7hillsborouahnc.ora
4.4 Duly Authorized Representative
Not applicable.
C7
rA

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
. 5. Co -Permit Status Information
The Town is not co -permitting with another entity.
0
0
8

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
• 6. Reliance on Another Entity
The Town of Hillsborough utilizes Orange County to implement and manage its
stormwater program, including construction site stormwater runoff control. Contact
information is provided below.
6.1 Name of Entity
Orange County
6.2 Elements Implemented
1. Oversight and implementation of the Town's NPDES Phase II stormwater
program.
2. Construction site stormwater runoff control (erosion control).
6.3 Contact Information
Stormwater Program: Terry Hackett, Stormwater Resource Officer
Orange County Planning and Inspections
Department
131 W Margaret Lane, P.O. Box 8181
Hillsborough, NC 27278
919-245-2588
• [e-mail]
Erosion Control Program: Reynolds Ivins, Erosion Control Supervisor
Orange County Planning and Inspections
Department
131 W Margaret Lane, P.O. Box 8181
Hillsborough, NC 27278
919-245-2586
rivins co.orange. nc.us
6.4 Legal Agreement
The Town entered into an inter -local agreement with Orange County in March
2006 to provide these services to the Town. That agreement is currently being
updated concurrent with the Town's permit renewal.

0
r1
LJ
•
Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
7. Stormwater Management Program Plan
The following sections describe the Town's stormwater management program and
measurable goals for each BMP. Measurable goals are based on the Town's current
NPDES Phase II permit, original stormwater management plan, and modifications
needed to best meet the objectives of the Town's Stormwater Program during its
initial implementation. While the six BMPs are not expected to change over the life of
this stormwater management plan, measurable goals may be modified, removed, or
new goals added. Changes may be necessary to meet permit renewal requirements,
changes in resources, or to be more effective in reducing impacts to the MS4.
Modifications to these goals will be documented within the required annual report.
7.1 Public Education and Outreach
The Town's stormwater public education and outreach program includes
dissemination of educational materials, stormwater newsletter, school programs
centered on earth day celebrations, BMP demonstration site at Stillhouse Creek,
and membership in the Clean Water Education Partnership,
Target Pollutant Sources
Land use within the Town's jurisdiction is composed primarily of residential and
commercial uses. Target pollutant sources from these land uses include:
Excess nutrients — the Town is located within an NSW. Excess nutrients can lead
to high algal growth in downstream waterbodies causing low oxygen levels.
Sediment — the Piedmont region of North Carolina is known for erodible clay
soils. Sediment can adversely impact waterways and aquatic environments. Due
to recent drought cycles, maintaining vegetative cover has been an issue. For
new construction, erosion control is necessary to keep sediment on site.
Litter/Yard Waste — Litter and yard waste can block stormwater conveyances. As
litter and yard waste decompose it introduces chemicals and additional nutrients
into the storm system.
General Household and Landscape
pesticides, automotive chemicals, and
impacts to aquatic environments.
Target Audience
Chemicals — this includes fertilizers,
detergents and can cause significant
Two primary target audiences have been identified, local citizens and business
owners. Local citizens include single-family residences, churches, schools, and
other civic groups. Business owners, especially restaurants and developments
with high impervious surfaces will be targeted.
10

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
• Measurable Goals
• Develop and Distribute Materials
Develop educational materials or modify/utilize existing materials available
from other agencies. Distribute educational materials through educational
programs, local events (such as Hog Day, Eno River Festival, Last Friday's,
etc.) and place informational flyers at Town Hall, the Orange County Library,
and the Orange County Planning and Inspections Department.
• Stormwater Newsletter
Write articles and publish The Stormwater Almanac a local newsletter
developed by Orange County stormwater staff, two to four times annually.
Paper copies of the newsletter will be distributed at various events and
educational programs. Work with the Town's public information officer to post
the newsletter on the Town's website and send a notification when a new
issue is available to those subscribed to the Town's email notification list.
• School Programs
Partner with other local government departments conducting environmental
education to conduct school programs. This includes participation in
established Earth Day and Earth Walk programs coordinated by Orange Soil
and Water Conservation District (OSWCD). Support other departments such
• as Orange County Parks and Recreation and Environment and Resource
Conservation Department (ERCD) that also conduct school programs.
Continue support of the "eco-classroom" at C.W. Stanford and Orange High
Schools, which has a strong stormwater education component.
Y Stillhouse Creek Program
Continue collaboration with OSWCD, ERCD, and Hillsborough's Public
Works department on the stormwater BMP demonstration project. Since this
is a highly visible location, staff will continue developing an educational
program centered on this area. This may include a rain garden workshop(s)
and possibly other outreach events promoting these stormwater BMPs.
Educational materials will be installed within the information kiosk that is part
of the demonstration project.
• Additional Educational Programs
The Town of Hillsborough is a member of the Clean Water Education
Partnership (CWEP). CWEP leverages resources from multiple local
governments to conduct educational and outreach programs geared towards
reducing stormwater runoff pollution and clean water. Programs include mass
media campaigns such as television, radio, internet, and printed materials.
Orange County stormwater staff will continue representing the Town's
interests on the CWEP steering committee.
Continue providing educational programs to scouts groups, homeowner
40 associations, and other civic groups as requested. Provide educational
11

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
information to local business, and evaluate the feasibility of conducting
workshops for local business targeting illicit discharge and good
housekeeping practices.
Evaluation
The Town's Public Education and Outreach program will be evaluated by
assessing progress towards each measurable goal listed above. Information and
data towards completion of each measurable goal will be tracked. Progress will
be reported each year in the annual report to the state.
7.2 Public Involvement and Participation
The Town's stormwater public involvement and participation program includes
maintaining an informational website with contact information, participation in
local events and festivals, participation in NC Big Sweep, volunteer stream
monitoring at two locations, input from the Town board, and a rain garden
program.
Measurable Goals
• Public Meeting
The Town of Hillsborough will conduct one public meeting to allow local
citizens to review and provide input on the stormwater management plan.
Is • Informational Website and Hotline
Provide stormwater content and information for the Town maintained website.
Include contact information for citizens to report concerns or make requests.
Respond to citizen request as warranted.
• Outreach Events/Festivals
Participate in various local events and festivals. This may include
Hillsborough's Hog Day Festival, Eno River Festival, Last Friday's, H2Orange
meetings, and other events/festivals. Hand out information to the public
regarding stormwater impacts and answer citizen questions.
• NC Big Sweep
Coordinate the Town's participation in the annual NC Big Sweep event each
fall.
• Volunteer Stream Monitoring
Currently there are three volunteer groups conducting stream monitoring
within the Town's jurisdiction. A local Boy Scout Troop is conducting
monitoring of Stillhouse Creek; Triangle Fly Fishers a local Trout Unlimited
and Federation of Fly Fishers affiliate, has recently started monitoring a
section of the Eno River; and another volunteer group made up from
students at CW Stanford middle school has began monitoring the stream
flowing through their eco-classroom.
12

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
Continue providing assistance to volunteer groups currently conducting
stream monitoring. Assistance may include training, providing materials (as
resources allow), and review collected data to determine possible water
quality trends. As part of.this goal, information will be disseminated to other
volunteer groups interested in starting a stream monitoring program.
• Town Board and Planning Board Input
Once annually, present an update to Hillsborough's Town Board regarding
the stormwater program and seek input on pertinent issues. Once annually,
present information to the Town's Planning Board and/or Board of Adjustment
regarding stormwater impacts from development.
• Rain Garden Prooram
Distribute handouts and information on rain gardens to local citizens through
events, festivals, and information requests. Conduct a rain garden workshop,
centered on the rain garden at Stillhouse Creek. Coordinate with other local
staff to promote installation of rain gardens, and provide technical expertise in
designing and constructing rain gardens as needed and as time and
resources allow.
Evaluation
The Town's Public Involvement and Participation program will be evaluated by
• assessing progress towards each measurable goal listed above. Information and
data towards completion of each measurable goal will be tracked. Progress will
be reported each year in the annual report to the state.
7.3 Illicit Discharge Detection and Elimination
The Town's stormwater illicit discharge detection and elimination program is
outlined in its Illicit Discharge Detection and Elimination Plan. This plan details
measures that Town staff follows to find and eliminate illicit discharges and
connections to the MS4. Other components of this program include employee
cross -training, updating mapping, and evaluating funding sources to expand the
program. A copy of the plan is included in the Appendix.
Storm Sewer System Map
The Town. of Hillsborough maintains a Geographic Information System (GIS)
database that includes drainage areas, receiving streams, land use information,
zoning, soils, floodplain data, water quality designations, impervious cover and
other pertinent data. This information is updated periodically often based on
actual site reconnaissance, such as on site surface water identifications.
Pursuant to the Town of Hillsborough's current permit, components of their MS4
were mapped using Global Positioning System (GPS) technology and are
included in the GIS. This information is updated periodically based on changes in
development and during routine inspections if warranted.
13

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
is Regulatory Mechanism
As noted above, the Town adopted the applicable sections of Orange County's
Stormwater Ordinance for Lands within the Neuse River Basin, which includes
legal authority to conduct an illegal discharge program. Section 14 of the
Ordinance addresses illegal discharges and connections.
Currently, the Town is developing an UDO that will contain specific illicit
discharge language. The UDO will be submitted to the state for review and
approval once it has been drafted.
Measurable Goals
Procedures for Illicit Discharge Detection and Elimination
Continue implementing the Town's Illicit Discharge Defection and Elimination
Plan. This includes identifying at least one new priority area annually and
conducting dry weather inspections of the area identified.
• Conduct Employee Cross -training
Conduct at least one training session for Town employees, or provide
information regarding appropriate training sessions provided by other entities.
Identify other Town employees that can be cross -trained.
• Update Mapping
Update the GIS stormwater mapping system to reflect changes to the MS4 as
necessary. This may include updating stormwater system components for
new development, repairs, and maintenance, in addition to updating stream
data based on surface water identification requests. Mapping updates of the
MS4 is solely the Town's responsibility.
• Local Stream Monitoring
Evaluate the need for additional stream sampling/monitoring. Identify possible
partnerships for collaborative sampling/monitoring efforts.
• Public Education and Reporting
Generally, this portion of the stormwater management plan is included in
sections 1 and 2 above and will include distribution of an illicit discharge fact
sheet to residences and businesses through events described above.
• Explore funding
Provide input to the Town so that funding sources and funding options can be
fully explored. Discuss funding options with the Town Board. Ultimately, it is
the Town's responsibility to fund their stormwater program.
Evaluation
The Town's Public Illicit Discharge Detection and Elimination program will be
evaluated by assessing progress towards each measurable goal listed above.
Section 7 of the Town's Illicit Discharge Detection and Elimination Plan {included
4

Town of Hillsborough Stormwater Management Program
Comorehensive Stormwater Manaaement Plan June 2010
in the Appendix) details how the program will be evaluated. Generally, inspection
and complaint information will be logged and tracked. Assessments will be made
toward completion of the goals listed above. Progress will be reported each year
in the annual report to the state.
7.4 Construction -Site Stormwater Runoff Control
Orange County implements and enforces construction site stormwater runoff
control for the Town of Hillsborough's through its erosion control program.
Orange County has local delegated authority from the state to implement an
erosion control program.
Re-gulatory Mechanism
Legal agreements are in place allowing Orange County to enforce the Orange
County Soil Erosion and Sedimentation Control Ordinance within the Town's
jurisdiction.
Measurable Goals
• Plan Review
Review and approve erosion control plans for proposed new development
projects within the Town's jurisdiction to ensure compliance with the Orange
County Erosion Control Ordinance.
• . Inspections
Inspect permitted construction sites within the Town's jurisdiction to ensure
compliance with approved erosion control plans. As needed, request
corrective actions, issue notice of violations and stop work orders as outlined
in Orange County's Erosion Control Ordinance.
Evaluation
The Orange County Erosion Control Division maintains a database and
inspection reports on each permitted construction site. Information regarding
number of sites, acreage of disturbance, compliance, notice of violations, and
enforcement actions are tracked and will be included in the annual report to the
state for sites within the Town's jurisdiction.
7.5 Post -Construction Stormwater Management
The Town's post -construction stormwater program includes four primary
components: new development review, stormwater BMP inspection, education
and outreach, and retro-fit opportunities. Legal agreements are in place allowing
Orange County to implement and enforce the Town of Hillsborough's post -
construction stormwater regulations.
n

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
Regulatory Mechanism
In October 2007, the Town of Hillsborough updated their zoning ordinance to
require additional post -construction stormwater controls. This included adopting
by reference applicable sections of Orange County's Stormwater Ordinance for
Lands within the Neuse River Basin. Specific post -construction requirements are
listed in the following section.
It should be noted that the Town is currently developing a UDO and will be
updating post -construction stormwater requirements. Once the UDO is complete,
the Town will no longer need to reference Orange County's stormwater
ordinance, but a legal agreement will be in place for Orange County to enforce
that portion of the Town's UDO. The stormwater portion of the UDO will be
submitted to NCDWQ for review and approval.
Post -Construction Stormwater Requirements
The Town of Hillsborough utilizes both structural and non-structural BMPs to
treat and control post -construction stormwater. Non-structural BMPs include
stream buffers, flood hazard zone protection, landscape requirements, and
educational materials as described in Section 7.1.
Structural stormwater BMPs include those listed in the NCDWQ stormwater BMP
manual. Since the Town's jurisdiction falls within a NSW, most structural BMPs
being installed are designed to reduce nutrients, including bioretention,
•
stormwater wetlands, filter strips and grassed swales.
Through its zoning ordinance and applicable sections of Orange County's
Stormwater Ordinance for Lands within the Neuse River Basin, the Town
requires structural BMPs to have a recorded restrictive convent, a signed
operations and maintenance agreement, and certification by a licensed engineer
that the BMPs have been properly constructed. These measures are in place to
ensure proper operation of the BMP.
Specific post -construction stormwater requirements for new development are
listed below.
For sites disturbing less than an acre:
• The first half -inch (112") of rain shall be handled on -site with either
structural or non-structural devices;
• Stormwater control structures shall be designed to accommodate a 10
year storm event.
For sites disturbing more than one acre there are two options, low -density and
high -density. Low -density development is defined as less than 24% impervious
surface and high -density development is greater than 24%.
Low -density development requirements include:
• Use vegetative conveyances;
• Minimum stream buffers (50-feet);
1

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
• Meet Neuse nitrogen loading requirements of 3.6 Ibs/acre/year;
• Must have an operation and maintenance agreement and restrictive
covenants for structural BMPs.
High -density development requirements include:
85% total suspended solids reduction
Control/treat volume difference between the pre- and post -development
conditions for the 1-year, 24-hour storm
• Drawdown between 24 and 120 hours
• Meet Neuse nitrogen loading requirements of 3.6 Ibs/acre/year
Must have an operation and maintenance agreement and restrictive
covenants for structural BMPs.
Minimum stream buffers (50-feet)
Other Related Policies, Practices, Regulations
In addition to the specific post -construction stormwater requirements listed
above, the Town of Hillsborough employs other policies, practices and
regulations that help protect water quality of its receiving waters. Measures
currently in place help to protect natural resources, protect open space, preserve
trees, regulate redevelopment and street design. Through current policies the
• Town addresses green infrastructure elements and practices. A detailed list and
description of these measures is included in the appendix.
During its UDO process, the Town is evaluating additional measures, especially
aspects of low impact development and improved site design to minimize water
quality impacts even further. In fact, stormwater staff currently works closely with
the Town's planning staff during the pre -development phase of projects to help
guide site design that minimizes water quality impacts.
Measurable Goals
New Development Review
Review and approve proposed new development projects to ensure
compliance with the Town's stormwater past -construction requirements. This
includes addressing nutrient loading since the Town is within an NSW (Neuse
Basin and Falls Lame Watershed).
• BMP Inspections
Inspect new structural stormwater BMPs at the time the project is complete to
ensure compliance with approved plans. Map new BMPs using GPS/GIS
technology. Review required annual inspection reports submitted by the BMP
the owner. Conduct follow-up inspections as warranted and provide
inspection reports to owner outlining follow up actions. Issue notice of
violations if warranted.
17

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
• Education/Outreach
This portion of the post -construction stormwater management program is part
of the overall education/outreach component described in items 1 and 2
above. Primarily this includes providing information to businesses,
homeowner associations and other stormwater BMP owners about
maintenance and inspection requirements.
• Retro-fit Opportunities
Identify at least one new possible stormwater retro-fit location annually.
Evaluate sites already identified based on land availability, willing ownership,
potential for pollution reductions, and other pertinent variables. Rank these
sites and evaluate grant availability and/or other funding sources to
implement retro-fits. Identify potential partnerships to develop and fund retro-
fit projects.
Evaluation
Through an inter -local agreement, the Orange County Erosion Control Division
reviews and approves stormwater management plans for new development. An
electronic database is maintained on each permitted site including inspection
reports. Information regarding number of plans reviewed, BMP inspections and
other pertinent information is tracked and will be included in the annual report to
the state for development within the Town's jurisdiction. Orange County also
• provides this information to NCDWQ pursuant to their Neuse stormwater
program.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
The Town's pollution prevention/good housekeeping program includes four
primary components: evaluate Town operations, corrective action, employee
training, and public awareness. A Good Housekeeping plan has been developed
and a copy is included in the Appendix.
Town Operations
The following facilities are owned by the Town and included in the Good
Housekeeping plan:
1. Community Policing Center S. Town Hall
2. Cemetery
3. Motor Pool
4. Police Department
5. Public Parking Lot
6. Gold Park
7. Public Works
E
9. Town Hall Annex
10. Turnip Patch Park
11. Water Treatment Plant
12. Waste Water Treatment Plant
13, Orange County Museum
14. Water Distribution

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
The Town also maintains public road rights -of -way (ROW) in portions of their
jurisdiction that are not owned by NCDOT.
Measurable Goals
Evaluate Town Operations
Conduct annual Good Housekeeping inspections at each of the Town's
facilities and maintain inspection information in a database. Provide
inspection reports to the Town's Assistant Manager and Public Works
Supervisor. Provide input during the budget process as necessary to address
stormwater runoff management at Town facilities being considered for capital
improvements.
• Corrective Action
Correct deficiencies noted during the Good Housekeeping inspections. The
Town is solely responsible for corrected deficiencies noted. Conduct follow-
up inspections to ensure corrective actions have been completed.
Roadway/Drainage Maintenance
Within non-NCDOT road ROW, inspect stormwater conveyance components
and completes repairs as warranted. Periodically sweep streets to remove
debris. Annually remove fallen leaves from streets, ditches and from private
residences that rake leaves to roadsides.
• Y Employee Training
Conduct Good Housekeeping training for new employees and provide
"refresher" training to employees as warranted. As staff time and resources
allow, expand Good Housekeeping training to all Town employees, even
those not directly involved with Good Housekeeping requirements.
• Public Awareness
This portion of the Town's Good Housekeeping Plan will continue to be part
of the public outreach and education component described above.
Evaluation
Inspection data is maintained in an electronic database that includes a list of
facilities, inspection dates, results, and corrective actions. The number of facility
inspections will be noted, along with corrective actions and when completed.
Assessments will be made toward completion of the goals listed above. Progress
will be reported each year in the annual report to the state.
ANNUAL REPORTING
In order to help evaluate the effectiveness of the Town's NPDES Prase II stormwater
program, NCDWQ requires the submittal of an annual report. The annual report
submitted to NCDWQ is an online report that quantifies program elements completed in
. the previous permit year. Additionally, Orange County stormwater staff has prepared a
narrative annual report containing the same information as submitted online, but with
19

11
•
Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
details that include changes and updates to the stormwater management plan. This
written annual report becomes a part of the Town's stormwater management program
and provides a summary of completed tasks and action items for the subsequent permit
year. The scope of this task will include the following components:
• Track necessary data for the annual report using the County's Permit Plus
database software, Good Housekeeping inspection database, and an Excel
spreadsheet based log;
• Fill out and submit NCDWQs annual online report as required by the Town's
permit;
• Draft a narrative report concurrently and submit the Town, including presenting
the report to the Hillsborough Town Board.
20

Town of Hillsborough Stormwater Management Program
Comprehensive Stormwater Management Plan June 2010
4p STORMWATER PROGRAM BMP SUMMARY TABLES
The following tables summarize the six program elements, BMPs, measurable goals and
responsible entity.
The following tables summarize the six program elements, BMPs, measurable goals and
responsible entity. Abbreviations used in the following tables include:
OCED — Orange County Erosion Control Division staff
OSWCD — Orange Soil and Water Conservation District staff
SRO - Stormwater Resource Officer with the Orange County Erosion Control Division
Hillsborough -- Town of Hillsborough, Assistant Town Manager has primary responsibility
PW — Town of Hillsborough Public Works staff
UD — Town of Hillsborough Utility Department staff
•
n

To , of Hillsborough • Stormwater Management Proaam
Comprehensive Stormwater Management Plan June 2010
1. Education and Outreach
ea ..
Develop educational materials or modify existing materials as needed
..
SRO
Develop and
Distribute Materials
Distribute educational materials through educational programs and local events
SRO, OCED
Place informational flyers at appropriate locations
SRO, OCED
Write articles and publish The Storm water Almanac two to four times annually.
SRO
Stormwater
Distribute paper copies of newsletter at various events and educational programs
OCED
Newsletter
Post newsletter on the Town's website; send notification when a new issue is
available via the Town's email notification list
Hillsborough
Partner with other local government departments to conduct school programs
OCED
School Programs
Work with OSWCD to expand existing educational programs
SRO
Develop additional educational programs based on interest from local schools
SRO
Support of the "eco-classroom" at C.W. Stanford and Orange High Schools
SRO
Continue developing an educational program centered on Stillhouse Creek
SRO, OSWCD
Stillhouse Creek
Program
Place educational materials within the kiosk that is part of the demonstration project
SRO, OSWCD
Periodically hold workshops or other events highlight the project
SRO, OSWCD
Maintain membership in CWEP
Hillsborough
Represent the Town's interests on the CWEP steering committee
OCED — SRO
Additional Educational
Provide educational programs to civic groups as requested
OCED — SRO
Programs
Provide educational information to local businesses
OCED — SRO
Evaluate the feasibility of workshops for local business targeting illicit discharge and
good housekeeping practices; if feasible develop and hold workshop(s)
OCED -- SRO
Evaluation
Assess progress towards each measurable goal listed above. Track information and
data towards completion of each measurable goal. Report progress each year in the
annual report to the state.
22

ToRof Hillsborough • Stormwater Management Pro�am
ensive Stormwater Management Plan
2. Public Involvement and Participation
June 2010
Rdto6nMbI6 Party
Maintain and update a stormwater informational website and helpline
Hillsborough
Informational Website
Provide content and updates for the website
SRO
and Helpline
Respond to citizen request for assistance through the website/helpline
SRO, OCED, PW
Outreach
Participate in local events and festivals and hand out information to the public
SRO, OCED
Events/Festivals
regarding stormwater impacts and answer citizen questions
NC Big Sweep
Coordinate the Town's participation in the annual NC Big Sweep event each fall
SRO
Assist current volunteer groups in monitoring efforts
SRO
Volunteer Stream
Monitoring
Disseminate information to other civic groups, schools and business to expand
SRO, OCED
volunteer stream monitoring program
Once annually, present an update to Hillsborough's Town Board regarding the
SRO
Town Board and
stormwater program and seek input on pertinent stormwater issues
Planning Board Input
Once annually, present information to the Town's Planning Board and/or Board of
SRO
Adjustment regarding stormwater impacts from development
Distribute handouts and information on rain gardens to local citizens through events,
SRO, OCED
festivals, and information requests
Rain Garden Program
Promote installation of rain gardens at local government buildings, business and
SRO, OCED
private residences
Provide technical information and expertise in designing and constructing rain
SRO
gardens for local citizens, as needed and as time and resources allow
Assess progress towards each measurable goal listed above. Track information and
Evaluation
data towards completion of each measurable goal. Report progress each year in the
annual report to the state.
23

Tow Hillsborough 0 Stormwater Management Prom
Comprehensive Stormwater Management Plan
3. Illicit Discharge Detection and Elimination
June 2010
Goal
Retponsible Party
Illicit Discharge
Continue implementing the Town's Illicit Discharge Detection and Elimination Plan.
OCED, PW, UD
Detection and
Identify one new priority area annually and conduct dry weather inspections.
SRO
Elimination
Conduct dry weather inspections of identified priority area
OCED
Conduct Employee
Identify other Town employees that can be cross -trained.
Hillsborough
Cross -Training
Conduct at least one training session for Town employees annually, or provide
SRO
information regarding appropriate training sessions provided by other entities.
Local Stream
Orange County stormwater staff will evaluate the need for additional stream
SRO
Monitoring
sampling/monitoring.
Public Education and
This portion of the stormwater management plan is included as part of the overall
SRO, OCED
Reporting
education and outreach program
Provide input to the Town so that funding sources and funding options can be fully
SRO
Explore funding
explored.
Fallow -up on recommendations and implement funding
Hillsborough
Update Mapping
Update the GIS Stormwater mapping system to reflect changes to the MS4 as
Hillsborough
necessary
Assess progress towards each measurable goal listed above. Track information and
Evaluation
data towards completion of each measurable goal as detailed in the Town's "Illicit
Discharge Detection and Elimination Plan. Report progress each year in the annual
report to the state.

T000f Hillsborough
Comprehensive Stormwater Management Plan
4. Construction -Site Stormwater Runoff Control
•
Stormwater Management Prom
June 2010
WAsUrAble G65I
Review and approve erosion control plans for new development projects within the
Rdsodini§ible
Town's Jurisdiction
Implement Erosion
Inspect permitted construction sites to ensure compliance with approved erosion
OCED
Control Program
control plans
Request corrective actions, issue notice of violations and stop work orders as
necessary.
Evaluation
Maintain a database and inspection reports on each permitted construction site. Track
OCED
information regarding number of sites, acreage of disturbance, compliance, notice of
violations, and enforcement actions. Include this information in the annual report to
the state for sites within the Town's jurisdiction.
25

Too,of Hillsborough • Stormwater Management Prom
Comprehensive Stormwater Management Plan
5. Post -Construction Stormwater Management
June 2010
New Development
Review proposed new development projects to ensure compliance with the Town's
SRO
Review
stormwater post -construction requirements
Inspect new structural stormwater BMPs at the time the project is complete to ensure
SRO, OCED
compliance with approved plans
Map new BMPs using GPS/GIS technology
SRO, OCED
BMP Inspections
Review required annual inspection reports submitted by the BMP the owner
SRO
Conduct follow-up inspections as warranted and provide inspection reports to owner
SRO, OCED
outlining follow up actions
Issue notice of violations if warranted
SRO, Hillsborough
Education/Outreach
This portion of the post -construction stormwater management program is part of the
SRO, OCED
overall education/outreach component described in items 1 and 2 above
Identify at least one new possible stormwater retro-fit location annually
SRO
Evaluate sites already identified based on land availability, willing ownership, potential
SRO
for pollution reductions, and other pertinent variables
Retro-fit Opportunities
Rank these sites and evaluate grant availability and/or other funding sources to
SRO
implement retro-fits
Provide this information to the state and identify potential partnerships to develop and
SRO
fund retro-fit projects
Through an inter -local agreement, the Orange County Erosion Control Division
reviews and approves stormwater management plans for new development. An
electronic database is maintained on each permitted site including inspection reports.
Evaluation
Information regarding number of plans reviewed, BMP inspections and other pertinent
OCED
information is tracked and will be included in the annual report to the state for
development within the Town's jurisdiction. Orange County also provides this
information to NCDWQ pursuant to their Neuse stormwater program.
26

T000f Hillsborough
Comprehensive Stormwater Management Plan
•
6. Pollution Prevention/Good Housekeeping for Municipal Operations
Stormwater Management Prom
June 2010
• - doal
R6s06nsIbIe
Conduct annual Good Housekeeping inspections at each of the Town's facilities
OCED
Maintain inspection information in a database
SRO
Evaluate Town
Provide inspections reports to the Town's Assistant Manager and Public Works
SRO
Operations
Supervisor.
Provide input during the budget process to address stormwater runoff management at
SRO
Town facilities being considered for capital improvements
Within non-NCDOT road ROW, inspect stormwater conveyance components and
Roadway/Drainage
completes repairs as warranted. Periodically sweep streets to remove debris.
PW
Maintenance
Annually remove fallen leaves from streets, ditches and from private residences that
rake leaves to roadsides.
Correct deficiencies noted during the Good Housekeeping inspections.
Hillsborough
Corrective Action
Conduct follow-up inspections to ensure corrective actions have been completed.
OCED
Conduct Good Housekeeping training for new employees or provide information on
SRO
training opportunities provided by other entities
Employee Training
Provide "refresher' training to employees as warranted
SRO
Expand training to all Town employees (as staff time and resources allow)
SRO, Hillsborough
Public Awareness
This portion of the Town's Good Housekeeping Plan will continue to be part of the
SRO, OCED
public outreach and education component described above.
Maintain facility inspection data in an electronic database, including corrective actions
Evaluation
completed and those pending. Report number of facilities inspected, number of
OCED
inspections conducted and corrective actions taken in the annual report to the state.
27

Town of Hillsborough
Comprehensive Stormwater Management Plan
• APPENDICES
Organization Chart
•
f.J
Illicit Discharge Detection and Elimination Plan
Good Housekeeping Plan
Stormwater Management Program
June 2010
Orange County's Stormwater Ordinance for Lands within the Neuse River Basin
StormwaterANater Quality Related Polices, Practices and Regulations
41

TOWN OF HILLSBOROUCH
Organization Chart

•
•
Town of Hillsborough
Illicit Discharge Detection
and Elimination Plan
Town
of 1
vm.IJSI -gh
October 2009

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
0
Table of Contents
Introduction...................................................................................................................1
Goal.................................................................................................................................1
1. Stormwater System Mapping...............................................................................1
1.1 Stormwater Facilities.................................................................................... 1
1.2 High Priority Areas.......................................................................................2
2. Legal Mechanism..................................................................................................2
3. Illicit Discharge Detection Procedures................................................................ 2
3.1 Responsible Staff......................................................................................... 3
3.2 Inspection Procedures................................................................................13
3.3 Stream Sampling......................................................................................... 6
4. Employee Cross-Training....................................................................................6
5. Public Education and Reporting.........................................................................7
6. Implementation...................................................................................................... 7
ATTACHMENT A - Stormwater Ordinance for Lands within the Neuse River Basin 9 •
ATTACHMENT B Control of Hazardous Materials.................................................10

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
0 Introduction
The Town of Hillsborough's (Town) National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater permit requires the Town to develop and implement an
illicit discharge detection and elimination program (IDDE). Illicit discharges include
unauthorized connections to the Town's municipal separate storm sewer system (MS4)
as well as illegal dumping of prohibited substances into the MS4. This plan outlines the
Town's IDDE program, which consists of the following components:
1. Develop a storm sewer system base map;
2. Establish and maintain appropriate legal authority;
3. Implement illicit discharge detection procedures;
4. Conduct employee cross -training;
5. Provide public education and establish a reporting mechanism.
The Town's stormwater management program operates as a division of the Town's
Public Works Department but is coordinated by Orange County through an inter -local
agreement.
Goal
isThe goal of this plan is to develop and implement procedures that will locate and
ultimately eliminate illegal connections and dumping into the MS4. By eliminating these
discharges and connections, both public health and the health of the receiving water
ecosystem will be protected.
•
1. Stormwater System Mapping
The first step in conducting a successful IDDE program is to identify where illicit
discharges and connections may occur. To do this, it is important to know where the
various components of the MS4 exist. At a minimum the Town must identify outfall
locations, drainage areas and receiving streams.
1.1 Stormwater Facilities
The Town's stormwater system includes curb inlets, yard inlets, storm drains,
catch basins, pipes, open channels, ditches, swales, as well as other man-
made and natural stormwater runoff conveyances. These facilities, including
outfalls, were mapped using Global Positioning System (GPS) technology
and imported into a Geographic Information System (GIS). As new outfalls
and stormwater facilities are constructed they will be mapped using GPS
technology and updated into the GIS system, or their location will be provided
by the developer for inclusion into the GIS system.
1

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
1.2 Nigh Priority Areas •
High priority areas will be identified by the stormwater coordinator using GIS
data and land use to identify areas more likely to contain illicit discharges or
connections. Obviously, commercial and industrial land uses are more likely
to have discharges that contain harsh pollutants. On the other hand, due to
the Town's age, some residential areas may contain illicit connections, such
as washing machine discharges.
The following list of screening factors will be utilized to rank high priority
areas:
1. Facilities with NDPES permits;
2. Industrial/commercial land use;
3. Stormwater outfall density;
4. Density of development;
5. Citizen complaints;
6. Aging septic systems;
7. Aging sanitary sewer;
8. Poor dry weather water quality.
Areas containing these factors will be identified on the GIS system and •
systematic inspections of stormwater outfalls in these areas will be conducted
as described in Section 3 below. The Town is in the process of identifying
these areas and hopes to complete this task during permit year 5.
2. Legal Mechanism
The Town's NPDES Phase II stormwater permit requires Hillsborough to establish
and maintain appropriate legal authorities to prohibit illicit discharges and enforce the
approved IDDE Program. As noted above, the Town's stormwater program is
coordinated by Orange County. The Town adopted the applicable sections of Orange
County's Stormwater Ordinance for Lands within the Neuse River Basin (Ordinance),
which includes legal authority to conduct an illegal discharge program. Section 14 of
the Ordinance addresses illegal discharges and connections. A copy of the
Ordinance is included as Attachment A of this document.
3. Illicit Discharge Detection Procedures
The Town of Hillsborough does not have the resources to maintain a dedicated, full
time stormwater staff. However, as part of their routine duties certain employees will
be trained to identify possible illicit discharges and connections and report that
information to the stormwater coordinator. 0
I%

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
3.1 Responsible Staff
10 Town of Hillsborough Public Works
Since the stormwater program operates as part of the Public Works
Development, Public Works employees can be trained to identify and look for
illicit discharges. Staff is often inspecting and making repairs to street right-of-
way owned by the Town, which may include portions of the stormwater
system.
Orange County Erosion Control
Since Orange County Erosion Control Division is tasked to coordinate the
stormwater program for the Town of Hillsborough, their employees have also
been trained to look for illegal discharges as part of their routine inspections.
This includes investigating unauthorized land disturbing activities, which
could result in the illegal discharge of sediment to the storm sewer system or
directly into surface waters.
Town Utility Department
The Town's Utility Department also employs field personnel that can assist in
identifying illicit discharges. Utility Department personnel are responsible for
maintaining water and sanitary sewer systems and easements. This includes
investigating and correcting sanitary sewer overflows.
• Town Fire Marshal Office
The Town's Fire Marshal is responsible for enforcement of the Town's
hazardous waste regulations, which is part of the fire prevention ordinance.
This includes investigating spills and discharges of hazardous materials. The
Fire Marshal's office also inspects local business, residences, and institutions
for compliance with applicable code. During these inspections, illegal
discharges can be noted if found.
3.2 Inspection Procedures
There are six primary responsibilities when staff will conduct illicit discharge
inspections. These include:
1. Dry weather flows;
2. Stormwater system maintenance;
3. Citizen requests/complaints;
4. Illicit discharge source;
5. Sanitary sewer system maintenance & inspection;
6. Hazardous spill/discharge response.
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Town of Hillsborough
Illicit Discharge Detection and Elimination Plan
October 2009
Procedures relating to illicit discharge inspections for each of these tasks or
indicators are described in the following sections 0
(1) Dry Weather Flows
Dry weather flows mean that there is actually flow from an outfall but it
has not been raining. During performance of routine duties, Public
Works, Utilities and Erosion Control staff will look for dry weather flows
from storm sewer pipes. If found, staff will document the location and the
following physical indicators of the flow from the outfall:
• Odor;
• Color;
• Turbidity (i.e. cloudiness);
• Floatables (foam, trash, etc.).
If possible staff will photograph the flow, then contact the stormwater
coordinator to conduct a follow up inspection.
If the follow up inspection determines that the dry weather flow is indeed
an illegal discharge, a Notice of Violation (NOV) letter will be sent to the
property owner by the stormwater coordinator. The NOV will provide a
timeline to mitigate the discharge and if not complied with, the owner will •
be subject to civil penalties in accordance with the Ordinance. If
necessary, the Town will take action to correct the problem at the
owner's expense.
(2) Stormwater System Maintenance „& Inspection
Public Works staff conduct routine maintenance of road right-of-ways
owned by the Town. This includes portions of the stormwater system. As
part of their routine maintenance, staff will look for indicators of illicit
discharges and connections. These indicators include the following:
• Outfall damage;
• Deposits/stains;
• Poor pool quality;
• Non-stormwater pipes;
• Pipe benthic growth.
If illicit discharges or connections are suspected, staff will provide the
location, description of the indicators found, and photographs if possible,
to the stormwater coordinator. Staff will also follow procedures listed
under item (1) above if dry weather flows are noted during maintenance
activities. 0

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan
October 2009
As part of this process, the stormwater coordinator will review mapped
stormwater outlets and using the criteria outlined in Section 1.2 above,
conduct inspections of outfalls in high priority areas. Since this portion of
the program is still being developed, this Plan will be updated to include
procedures for inspecting identified outfalls.
(3) Citizen Requests/Complaints
Often, citizens will contact various departments with drainage issues,
nuisance odors, erosion concerns, etc. Staff will investigate these
requests or complaints and if it is stormwater related, provide a
description and location to the stormwater coordinator to investigate. As
listed above, should an illicit discharge or connection be discovered, an
NOV letter will be sent to the property owner by the stormwater
coordinator. Appropriate action will be taken by the Town to ensure the
responsible party removes the illicit discharge or connection.
(4) Illicit Discharge Source
Should an illicit discharge or connection be identified through dry
weather inspections, citizen complaints, or simply through performing
routine duties, Public Works staff will assist the stormwater coordinator
with tracing the problem to its source. Once the source is identified, the
stormwater coordinator will notify the owner to remove the discharge. As
necessary the Town will take action, including measures outlined in the
appropriate sections of the stormwater Ordinance, to ensure the illicit
discharge is removed.
(5) Sanitary Sewer System Maintenance
The Town's Utility Department is responsible for the operation and
maintenance of the sanitary sewer system. Sanitary sewer spills or
overflows are a type of illicit discharge. Spills and overflows are also
regulated by the State and requires additional procedures to be
followed. In addition to the procedures required by the State, the Utility
Department will notify the stormwater coordinator in the event of a
reportable sewage spill from the sanitary sewer system and indicate the
location of the spill, if it entered the storm sewer system, or reached a
surface water.
The Utility Department will inform the stormwater coordinator when
areas of significant erosion along sanitary sewer easements are found.
Utilities will stabilize areas as soon as practicable. Likewise, the Utility
Department will notify the stormwater coordinator when maintenance
work involves impact to a designated stream buffer. This will help to
ensure that sediment, vehicle fluids or other substances do not reach
receiving waters during maintenance of the system.
5

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
A separate document outlining best management practices for the
establishment and maintenance of vegetation on the Town's sanitary
sewer easements within designated stream buffers is being prepared.
(6) Hazardous Spill Response
Regulations regarding hazardous materials are included within the Town
Code. The Town's Fire Marshal Office enforces these regulations. A
copy of the Town's hazardous material control regulations is included as
Attachment B.
When a hazardous material spill or discharge occurs the Fire Marshal
will notify the stormwater coordinator and describe the spill and whether
it reached the MS4 or receiving water. This notification is in addition to
required notifications outlined in Attachment B. The Fire Marshal will
notify the appropriate state and federal entities, as applicable.
3.3 Stream Sampling
The Town is in the process of evaluating the need for additional stream
sampling to facilitate identification of potential ongoing illegal discharges.
Currently, there is only one water quality monitoring station (Eno River) and it
may not adequately depict water quality throughout the receiving water. As
such the Town is exploring cooperative solutions to obtain additional stream •
sampling data. Partnering with other entities may be a cost-effective way to
help fill in additional data gaps. Currently, a request for proposal has been
issued to conduct stream sampling within the Hillsborough area. Should this
sampling proceed, the data will not only be helpful in possibly localizing illicit
discharges, but may provide indicators of the over all effectiveness of the
Town's stormwater management program.
4. Employee Cross -Training
Recognizing illicit discharges and connections are an essential part of the IDDE
Plan. Since the Town does not maintain full time staff dedicated to finding and
removing illicit discharges, it is even more important that staff in multiple departments
understand how to identify possible illicit discharges and connections. In order to
successfully identify illicit discharges and connections, training opportunities will be
provided for staff identified in Section 3 of this plan. This includes Public Works,
Utilities, Fire Marshal, and Orange County Erosion Control Division staff.
The stormwater coordinator will conduct training for staff and/or identify other training
opportunities that may exist through the state or in conjunction with other local
governments. Information regarding iDDE training opportunities will be circulated to
supervisors of these departments to determine which staff should attend. On an on
going basis, additional staff members who would benefit from the cross -training will is
identified and trained.
A

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan
October 2009
5. Public Education and Reporting
Information regarding the IDDE plan will be included as part of the overall stormwater
education and outreach program. At a minimum an informational flyer or fact sheet
will be developed and distributed both to citizens and businesses. The flyer or fact
sheet will explain what constitutes an illicit discharge and connection. It will also
contain a phone number and other contact information for the public to report
suspected illegal stormwater discharges.
6. Implementation
It is important to note that this is a working plan. The Plan will be updated periodically
and details will be added as they are developed. Changes to this Plan that affect the
Town's Comprehensive Stormwater Management Plan (CSWMP) will be noted in the
CSWMP. Implementation of the IDDE program is set pursuant to the Town's NPDES
Phase II permit. The IDES program was to be developed in permit year 3 and
implemented in year 4. Most of the procedures outlined in this document were
already implemented but had not been formalized. This document formalizes those
procedures.
7. Evaluation
To maintain an effective working plan periodic evaluation of its effectiveness is key.
• As this plan is implemented various components will be qualitatively evaluated to
determine effectiveness. Quantitative measures will also be evaluated as they
become available. Some areas and means to evaluate this program include, but are
not limited to:
• Number of citizen complaints
• Repeat incidents
• Number and frequency of inspections
• Response time between request and inspection
• Number of staff trained in IDDE (including cross -training of staff)
• Number of spills and amounts
• Number of NOVs issued
• Stream sampling results
• Outreach activities (flyers, events, brochures)
• Proactive detection/elimination versus reactive/complaint based
• Proactive maintenance of stormwater and sanitary sewer
0 0 Review of industrial and commercial facilities

Town of Hillsborough
Illicit Discharge Detection and Elimination Plan October 2009
This information will be logged and maintained by the stormwater coordinator. At
least annually, this information will be utilized to improve the effectiveness of the
program, included in the annual report, and where appropriate used to assist with
permit renewal.
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Town of Hillsborough
Illicit Discharge Detection and Elimination plan
October 2009
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ATTACHMENT A - Stormwater Ordinance for Lands within the Neuse River
Basin
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Town of Hillsborough
Illicit Discharge Detection and Elimination Plan
October 2009
ATTACHMENT B - Control of Hazardous Materials
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Section 12-I6 Control of Hazardous Materials
This article provides for the control of hazardous materials as well as the removal and
abatement of any discharge of hazardous materials on the land or in waters of the Town of
1-lillsborough.
(a) Intent and purpose.
1. it is the purpose of this article to promote the health, safety and welfare of the citizens
of the Town of Hillsborough by protecting the land and the waters over which the town
has jurisdiction from pollution by hazardous Materials. It is not the intention of this
article to exercise jurisdiction over any matter as to which the United States government
or the state has exclusive jurisdiction, and no provision of this article shall be so
construed.. The town further declares that it is the intent of this article to support and
complement applicable provisions of the Federal Water Pollution Control Act,.33 USC
1251 et seq., as amended; the National Contingence Plan for removal of oil adopted
pursuant to that act; and the state Oil Pollution and Hazardous Substances Control Act of
1978, G.S. 143-215.75 et seq., as amended; the EPA t 12r Clean Air Act 42 USC 7401
et seq.
2. Further, it is the intent of this article that the Fire Chief or his designees shall have the
authority to summarily abate or remedy hazardous materials discharged into the
environment in such a manner as to endanger the health, safety or welfare of the general
public or in such a way as to constitute a public health nuisance. The Fire Chief or his
designee shall determine the type, amount and quantity of equipment and personnel
required to adequately abate and remedy all hazardous materials discharged into the
environment.
(b) Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
.Bailee means any person who accepts oil or other hazardous substances to hold in trust
for another for a special purpose and for a• limited period of time.
Bona fide form purposes means the production and activities relating to or incidental to
the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock,
poultry, and all other forms of agricultural products having a domestic or a foreign market.
Carrier means any person who engages in the transportation of hazardous Materials for
compensation.
Discharge means but shall not be limited to any emission, spillage, leakage, pumping,
pouring, emptying or dumping of hazardous Materials into waters of the -town or upon the land of
the town, but shall not include amounts less than the quantities that may be harmful to the public
health or welfare as determined pursuant to G.S. 143-215.77A. However, this article sliall not be
construed to prohibit the use of oil or other hazardous substances, oil -based products, or
chemicals on the land or waters by the state or county government agency in any program of
mosquito or other pest control, or their use by any person engaged in a bona fide farm purpose on

® a bona fide farm or accepted forestry practices, or in connection with aquatic weed control or
structural pest and rodent control, in a manner approved by the state, county or local agency
charged with authority over such uses, shall not constitute a discharge. The use of a pesticide
regulated by the state pesticide board in a manner consistent with the state pesticide law, as
amended, shall not constitute a discharge for purposes of this article.
Having control over hazardous Materials means but shall not be limited to any person
using, transferring, storing or transporting hazardous Materials immediately prior to a discharge
of such hazardous Material onto the land or into the waters of the town, and specifically shall
include carriers and bailees of such hazardous Materials.
Hazardous Materials means any substance that when discharged in any quantity may
present an imminent and substantial danger to the public health, safety or welfare, as designated
pursuant to G.S. 143-215.77A, or constitutes a public health nuisance.
Oil means oil of any kind and in any form, including but specifically not limited to
petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other
waste, oil sludge, petroleum related products or by-products, and all other liquid hydrocarbons,
regardless of specific gravity, whether singly or in combination with dtlier•substances, and are
considered to be hazardous materials.
Person means any and all natural persons, firms, partnerships, associations, public or
private institutions, municipalities or political subdivisions, governmental agencies, federal or
state governments, or private or public corporations organized or existing under the laws of this
state or any other state or county.
® Public health nuisance includes any discharge determined to be dangerous or prejudicial •
to the public health.
Premises means any real or personal property involved in a discharge contrary to the
provisions of this article.
Restoration and restore means any activity or project undertaken in the public interest
or to protect the public interest of to protect public property or to promote the public health,
safety or welfare for the purposq of restoring any lands or waters affected by a hazardous material
discharge as nearly as is possible or desirable to the condition that existed prior to the discharge
or to abate a public health nuisance.
Superior court means the county superior court.
Waters means any stream, river, creek, brook, run, canal, swamp, lake, reservoir,
waterway, wetlands; -or any other body or accumulation of water, surface or underground, public
or private, natural or artificial, Contained within, flowing through, or bordering upon this town.
(c) Parking and Garaging of Tank and Cargo Vehicles
1. Except in an emergency, no tank or cargo vehicle carrying hazardous
materials shall be left unattended on any street, highway, avenue or alley, provided
that this shall not prevent a driver from the necessary absence from the truck in
connection with the delivery of his load, except that during actual discharge of the
liquid some reasonable person shall be present at the .vehicle, nor shall it prevent
R stops for meals during day or night if the street is well lighted at the point of
parking. 0
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2. Tank or cargo vehicles carrying hazardous materials shall not be left unattended at
any time on residential streets, or within 500 feet of a residential area, educational
facility, care facility or hospital. Tank vehicles shall not be left unattended at any other
place that would, in the opinion of the fire chief, present an extreme life safety hazard.
(d) ENFORCEMENT PROCEDURES
1. inspections and investigations.
.The Fire Chief or his designee is empowered to conduct such inspections and
investigations as shall be reasonably necessary to:
(1) Determine compliance with the provisions ofthis article;
(2) Determine the persons responsible for violation of this article;
(3) Determine the naturo and location of any hazardous materials discharged to
the land or waters of this town; and
(4) Enforce the provisions of this article.
2. Entry upon land.
The Fire Chief or his designee are empowered upon presentation of identification to enter
upon any private or public property for the purpose of inspection or investigation or in order to
conduct any project or activity to contain, collect, disperse or remove hazardous Materials
discharge or to perform any restoration necessitated by the hazardous Materials discharge.
3. Confidentiality.
Any information relating to a secret process device or method of manufacturing or
production discovered or obtained in the course of an inspection, investigation, project or activity
conducted pursuant to this article shall not be revealed except as may be required by law or
lawful order or process.
4. Discharges.
(1) Unlawful discharges. It shall be unlawful, except as otherwise provided in this article, for
any person to discharge or cause to be discharged hazardous material into or upon any waters or
lands within the town, or into any sewer, surface water drain or other waters that drain into the
waters of this town, regardless of the fault of the person having control over the oil or other
hazardous substances, .or regardless of whether the discharge was the result of intentional or
negligent conduct, accident or other cause. Any discharge occurring in violation of this section
constitutes -a public health nuisance and is determined to be detrimental to the health, safety and
welfare of the citizens of the town.
(2) Exceptions. - This section shall not apply to discharges of hazardous materials in the
following circumstances.
I . When the discharge was authorized by law, either statutory or regulatory,
2. When any person subject to liability under this division proves that a discharge was
caused by any of the following:

a. An act of God.
b. An act of war or sabotage.
c. Negligence on the part of the United States government or the state or its
political subdivisions, including a county or town.
d. Any act or omission by or at the direction of a law enforcement officer or
firefighter.
S. Removal of prohibited discharges.
(1) Person discharging Any person having control over hazardous materials discharged in
violation of this article shall immediately undertake to collect and remove the discharge and to
restore the area affected by the discharge as nearly as may be to the condition existing prior to the
discharge. if it is not feasible to collect and remove the discharge, the person responsible shall
take all practicable actions to contain, treat and disperse the discharge; but -no chemicals or athcr
dispersant or treatment materials that will be detrimental to the environment or natural resources
shall he used for such purposes unless they shall have been previously approved by the state
environmental management commission. The owner of an underground' -storage tank who is the
owner of the tank only because he is the owner of the land on which the underground storage tank
is located, who did not know or have reason to know that the underground storage tank was
located on his property, and who did not become the owner of the land as the result of and
participate in a transfer to avoid liability for the underground storage tank shall not be deemed to
be responsible for a release or discharge from the underground storage tank.
(2) Removal by town. The town is authorized and empowered to utilize any staff, equipment and
materials under its control or supplied by any other cooperating federal, state or local agencies
and to contract with any agent or contractor that it deems appropriate to take such actions as are
necessary to collect, investigate, perform surveillance over, remove, contain, treat or disperse
hazardous materials discharged onto the land or into the waters of the town and to perform the
necessary restoration regardless of whether the discharge is in violation of this article. The Fire
Chief. shall keep a record of all expenses incurred in carrying out any project or activity
authorized under this section, including actual expenses incurred for services performed by the
town's personnel and for use of the town's equipment and material. The authority granted by this
subsection shall be limited to prdjects and activities that are designed to protect the public health,
safety or welfare, or public property, or abate a public health nuisance, and shall be compatible
with the National Contingency Plan established pursuant to the Federal Water Pollution Control
Act, as amended, 33 USC 1251 et seq.
(3) Cooperation with town. In any removal undertaken by the town, the person having control
over such hazardous materials shall assist in the abatement, removal and remedial measures
associated with the -hazardous material discharge. Assistance shall consist of any or all of the
following:
(a) Shall comply with the direction and orders of the fire chief.
(b) Shall supply any emergency response plan information available for the site of
any discharge.
(c) Shall supply emergency response equipment, personnel and materials
available on the site.
(e) Required notice.
Every person owning or having control over hazardous materials discharged in any
circumstances other than pursuant to a rule adopted by the state environmental
management commission, a regulation of the U.S. Environmental Protection Agency, or

.] the Federal Water Pollution Control Act, upon notice that such discharge has occurred,
shall immediately notify the Town of Hillsborough, Orange County Emergency
Management and the State of North Carolina of the nature, location and time of the
discharge and of the measures being taken, or are proposed to be taken to contain and
remove the discharge. If the discharged material is a pesticide regulated by the state
pesticide board, the Fire Chief shall immediately inform the chair of the pesticide board.
Removal operations under this section of substances identified as pesticides defined in
G.S. 143-460 shall be coordinated in accordance with the pesticide emergency plan
adopted by the state pesticide board; provided that in instances where entry of such
hazardous substances into waters of the town is imminent, the Fire. Chief may take such
actions as are necessary to physically contain or divert such substances so as to prevent
entry into the surface waters-
(f) Criminal penalties.
Any person who violates the provisions of this article or fails to comply with any of its
requirements shall, upon conviction, be guilty of a misdemeanor and shall be punished as
provided in G.S. 14-4.
(g) Civil penalties.
1. Any person who intentionally or negligently discharges ail or other hazardous
substances, or knowingly causes or permits the discharge of oil in violation of this article
or fails to report a discharge as required by section 12-16(e) or who fails to comply with
the requirements of section 12-16(d)5.1 or orders issued by the Fire Chief as a result of
violations of such requirements, shall incur, in addition to any other penalty provided by'
law, a penalty in the amount of $1,000.00 for every such violation. Every act or omission
that causes, aids or abets a violation of this subsection shall be considered a violation
under the provisions of this subsection subject to the penalty provided in this section.
2_ The penalty provided in this section shall become due and payable when the person
incurring the penalty. receives a notice in writing from the Town of Hillsborough
describing the violation with reasonable particularity and advising such person that the
penalty is due. A person may contest a penalty by filing a written request for
reconsideration with the Town manager within 30 days after receiving notice of the
penalty. If any civil penalty has not been paid within 30 days after notice of assessment
having been served on the violator, or within 30 days of the town manager deciding any
request for reconsideration, the town manager shall cause that a civil action in superior
court be initiated to recover the amount of the assessment-
(h) Determination'of expenses.
Upon completion of any hazardous materials removal or restoration project or activity or
abatement conducted pursuant to the provisions of this article, each agency that has participated
by furnishing personnel, equipment or material shall deliver to the Fire Chief a record of the
expenses incurred by the department. Upon completion of any hazardous Material removal or
restoration project or activity, the Fire Chief shall prepare a statement of all expenses and costs of
the project or activity expended by the town and shall transmit this to the town manager and
49 finance director.

(i) Demand for payment.
Upon receipt of the statement of expenses and costs from the Fire Chief the Finance
Director shall make demand for payment upon the person having control over the hazardous
materials discharged to the Iand or waters of the town unless the discharge has occurred due to
any of the reasons stated in section 12-16(d)4.2.2(a-d) or if the discharge is one resulting from a
bona fide farm purpose that has occurred on a bona fide farm.
(j) Contested charges.
A person contesting a demand for payment made pursuant to section 12-160) shall have
ten days from receipt of the demand for payment to request that the matter be considered by the
Town Manager. The final decision of the Town Manager may be appealed to the superior court
within 30 days of the date of that decision in an action in the nature of certiorari.
(k) Collection.
Any person having control of hazardous materials discharged to the land or waters
of the town in violation of the provisions of this division and any other person causing or
contributing to the discharge of hazardous materials shall be directly liable to the town
for the necessary cleanup projects and activities arising from such discharge, and the
town shall have a claim to recover from any and all such persons. If the person having
control over the hazardous materials discharged shall fail or refuse to pay the sun •
expended by the town, the amount shall be a lien upon the land or premises where the
discharge occurred, and shall be collected as unpaid taxes.
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Town of Hillsborough
Pollution Prevention
Good Housekeeping Plan
Town
of
s gh
September 25, 2006

Town of Hillsborough
Pollution Prevention/Good Housekeeping Plan September 2006
Table of Contents
Introduction...................................................................................................................1
Goal................................................................................................................................1
1. Facility Identification.............................................................................................1
1.1 Stormwater Facilities.................................................................................... 1
1.2 Municipal Operations................................................................................... 1
2. inspection..............................................................................................................2
2.1 Initial Facility Inspection............................................................................... 2
2.2 Operation Review........................................................................................2
2.3 Ongoing Inspections.................................................................................... 2
3. Training..................................................................................................................3
4. Implementation...................................................................................................... 3
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Town of Hillsborough
Pollution Prevention/Good Housekeeping Plan September 2006
Introduction
The Town of Hillsborough's (Town) National Pollutant Discharge Elimination System
(NPDES) Phase II Stormwater permit requires the Town to develop and implement a
Good Housekeeping program to prevent stormwater pollution. The Town's Good
Housekeeping program will focus efforts at Town facilities and will center on
maintenance activities at these locations. This may include automobile fleet
maintenance, landscaping and park maintenance, and maintenance/repair of
infrastructure.
The program will also include activities directly related to stormwater facilities, such as
street sweeping, storm drain cleaning, and litter removal. Lastly, the program will
develop Best Management Practices (BMPs) the Town will utilize to contain spills,
manage trash and address non-stormwater discharges.
The Town's Pollution Prevention Good Housekeeping Plan (Plan) is composed of four
main components. These include:
1. Facility Identification;
2. Inspection;
3. Training;
and
4. Implementation.
Goal
Develop and implement an operation and maintenance program that will ultimately
reduce or eliminate pollutant runoff from Town operations and facilities into the storm
sewer system.
1. Facility Identification
Facility Identification will consist of stormwater facility mapping and identifying
locations of municipal operations (i.e. water treatment facility), as well as parking
areas and open space owned by the Town.
1.1 Stormwater Facilities
Identify and map stormwater facilities
under other BMPs listed in the
Management Plan (CSWMP).
1.2 Municipal Operations
. This is currently being conducted
Town's Comprehensive Stormwater
Generate a list of Town operational facilities (e.g. water treatment plant,
maintenance storage areas, etc.). This list will be used during the inspections
phase to determine what actions, if any, are needed to meet the goal of the
plan.
1

Town of Hillsborough
Pollution Prevention/Good Housekeeping Plan
September 2006
2. Inspection
Inspections will initially center on inspecting stormwater facilities and Town
operational facilities to determine where pollution prevention efforts need to be
focused. The County Stormwater Resource Officer will conduct these initial
inspections with the assistance of the Town's Public Works department staff.
Ultimately, each Town department will conduct periodic "maintenance" inspections to
ensure continued Good Housekeeping.
2.9 Initial Facility Inspection
Facility identification and mapping began in Permit Year 1 and will continue
until complete. During year 2, inspections will begin on both stormwater
facilities and Town operational facilities.
The purpose of the inspections is to identify potential pollution runoff
problems, especially in and around stormwater facilities. Using the
stormwater facility maps and list of Town facilities, high risk for pollution areas
will be identified. These high -risk areas will be prioritized and inspected first.
The County Stormwater Resource Officer will coordinate with the Town's
Public Works Department to conduct these inspections. Brief written reports
will be submitted periodically, probably quarterly, to the Assistant Town
Manager. If a significant potential for stormwater pollution is identified during
an inspection, the Assistant Town Manager will be notified as soon as •
possible. A corrective action plan will be developed to address the problem.
2.2 Operation Review
As part of the inspection process, Town operations will be reviewed to
determine practices that need to be implemented to prevent stormwater
pollution from Town facilities and ongoing activities. Through coordination
with the Town Public Works Department and Assistant Town Manager, Town
operations and facilities will be reviewed, including on -site inspections with
the facility manager.
BMPs that could be implemented to improve stormwater pollution control will
be noted. Existing practices that are contrary to this Plan's goal will also be
identified, and suggested improvements will be documented. This
information will be provided to the Assistant Town Manager for input, review,
and implementation.
2.3 Ongoing Inspections
It is anticipated that once training programs are in place, that individual Town
departments will be responsible for conducted periodic "self -inspections".
The frequency of these inspections, and how they are conducted will be •

Town of Hillsborough
Pollution Prevention/Good Housekeeping Plan September 2006
• determined as part of the ongoing development of this plan. As these details
are determined, they will be incorporated into this plan.
•
3. Training
Training is a key component of the Good Housekeeping Plan. Training will be
conducted for Town employees. Training will include web -based presentations and
special training sessions as warranted by issues identified through inspections. The
training portion of this plan may also include informational signs posted at locations
where regular activities may have the most impact to stormwater.
Existing training tools developed by the Environmental Protection Agency (EPA) and
the State's Division of Water Quality (NCDWQ) will be utilized and adapted to meet
the Town's goal under this plan.
Training tools and schedules will be updated periodically into this plan. The training
portion of this plan is to begin during Year 2 of the Town's NPDES Phase 11 permit.
The training will also extend to citizens that utilize public facilities.
4. Implementation
It is important to note that this is a working plan. The Plan will be updated
periodically and details will be added as they are developed. Changes to this Plan
that affect the Town's CSWMP will be noted in the CSWMP. An implementation
schedule will be developed and updated into this Plan. An initial implementation
schedule is listed below:
Town of Hillsborough, Good Housekeeping Implementation Schedule
Task
Year
Status
Mapping started in Year 1 and will continue into Year 2,
Mapping of Facilities
Year 1
mapping is to be completed during Year 2.
A plan was developed in Year 1 to inspect and audit
Plan Development
Year 1
Town facilities/operations to reduce/eliminate
stormwater pollution.
Inspections will start during Year 2, as the mapping is
complete. Corrective Actions plans will be developed to
Inspections
Year 2
correct identified potential releases or to eliminate
pollution sources of stormwater pollution.
A stormwater resource page on the Town's web -site has
already been developed and will be utilized for the
Training
Year 2
Training portion of the plan. Training tools will be
developed during Year 2.
Identification of BMPs and their implementation will be
Implementation
Ongoing
an ongoing process under this Plan.
3

•
•
0
`4 cati°�
Stormwater Ordinance for
Lands within the
Neuse River Basin
Orange County, North Carolina
Adopted March 9, 2001
Amended October 23, 2007

•
Section 1 Stormwater Protection within the Neuse River Basin
A. Purpose and Intent
Pursuant to requirements of the North Carolina Administrative Code Section 15A
NCAC 2B .0200 Classifications and Water Quality Standards Applicable to
Surface Waters and Wetlands of North Carolina, and Section 15A NCAC 2B
.0235 Neuse River Basin Nutrient Sensitive Waters Management Strategy:
Basinwide Stormwater Requirements, the Neuse River Basin Stormwater
Management Area (hereafter referred to as the SMA) has been established. This
Area is for lands within the Neuse River Basin in Orange County with streams
that are on the USGS topographic maps as blue lines (either dashed or solid),
and/or on the USDA Soil Survey Map as a waterway. This Area is in addition to
other zoning districts established in this Ordinance and delineated on the Orange
County Zoning Atlas. Wherever other County ordinances and regulations differ
from the Neuse River Basin SMA standards, the more restrictive provisions shall
apply.
The purpose of the County Commissioners in adopting these regulations is to
protect the water quality of the streams that lie within the Neuse River Basin in
Orange County by addressing nitrogen reductions for both new and existing
development. The Neuse River Basin Stormwater Management Ordinance for
Orange County shall achieve this by utilizing the following approach:
1. Review of Stormwater management plans for new developments to
ensure that:
a) the nitrogen load contributed by new development activities is
reduced by a 30% of the average annual load for the period of
1991 through 1995 (15A NCAC 2B .0232);
b) there is no net increase in peak flow leaving the site from the
predevelopment conditions for the 1-year, 24-hour storm.
2. Review of new development plans for compliance with requirements
for protecting and maintaining existing riparian areas as specified in
Sections 3 and 4, and
3. Identification and removal of illegal discharges.
Section 2 Definitions
For the purpose of this Ordinance, these terms shall be defined as follows:
A. Agricultural Uses- the use of waters for stock watering, irrigation and other
farm purposes.
B. Applicator- any person, firm, corporation, wholesaler, retailer, distributor, any
local, state or federal governmental agency, or any other person who applies
fertilizer to the land of a consumer, or client, or to land they own, or to land they
lease or otherwise hold rights.
C. Best Management Practice (BMP)- means a structural or non-structural
management -based practice used singularly or in combination to reduce nonpoint 49

source inputs to receiving waters in order to achieve water quality protection
goals.
D. Buffer- a natural or vegetated area 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 shall
be measured pursuant to Section 3b of this Ordinance.
C. Built -upon area- 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), recreation facilities (e.g. tennis courts) etc.
(Note: Wooden slatted decks and the water area of a swimming pool are
considered pervious.)
F. Channel- a natural water- carrying trough eroded vertically into low areas of
the land surface by erosive action of concentrated flowing water or a ditch or
canal excavated for the flow of water.
G. Cluster Development- the grouping of buildings in order to conserve land
resources and provide for 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 multi -family developments.
For the purpose of this Ordinance, planned unit developments and mixed use
development shall be considered cluster development.
14. County- shall mean Orange County.
1. DBI-1- diameter at breast height of a tree, which is measured at 4.5 feet above
ground surface level.
I Development- any land -disturbing activity which adds to or changes the
amount of impervious or partially impervious cover on a land area or which
otherwise decreases the infiltration of precipitation into the soil.
K. Discharge- the addition of any human -induced effluent either directly or
indirectly to state surface waters.
L,. Ditch or canal- a constructed channel, other than a modified natural stream
constructed for drainage purposes, that is typically dug through inter -stream
divided areas. A ditch or canal may have flows that are perennial, intermittent, or
ephemeral and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
M. Domestic wastewater discharge- the discharge of sewage, non -process
industrial wastewater, other domestic wastewater, or any combination of these
items. Domestic wastewater includes, but is not limited to, liquid waste generated
by domestic water using fixtures and appliances, from any residence, place of
business, or place of public assembly, even if it contains no sewage. Examples of
domestic wastewater include once -through non -contact cooling water, seafood
packing facility discharges, and wastewater from restaurants.

N. Effluent channel- a discernable, confined, and discrete conveyance which is
used for transporting treated wastewater to a receiving stream or other body of
water.
O. Ephemeral (stormwater) stream- a feature that carries only stormwater in
direct response to precipitation with water flowing only during and shortly after
large precipitation events. An ephemeral stream may or may not have a well-
defined channel, the aquatic bed is always above the water table, and stormwater
runoff is the primary source of water. An ephemeral stream typically lacks the
biological, hydrological, and physical characteristics commonly associated with
continuous or intermittent conveyance of water.
P. Enforcement Officer- employee of Orange County Planning and Inspections
Department.
Q. Existing development- for projects that do not require a State permit, shall be
defined as 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 Orange County's Water Supply Watershed Protection Ordinance, or such
earlier time that other Orange County ordinances shall specify, based on at least
one of the following criteria:
1. substantial expenditures of resources (time, labor, money) based on a
good faith reliance upon having received a valid Orange County approval
to proceed with the project, or •
2, having an outstanding building permit in compliance with G.S. 153A-
344.1 or G.S. 160A-385. t, or
3, having an approved site specific or phased development plan in
compliance with G.S. I53A-344.1 or G.S. 160A-385.1.
For projects that require a State permit, such as landfills, NPDES wastewater
discharges, land application of residuals, and road construction activities, existing
development shall be defined as those projects that are built or those projects for
which a State permit was issued prior to August 3, 1992.
R. Fertilizer- any substance containing nitrogen or phosphorous which is used
primarily for its plant food content.
S. Forest plantation- an area of planted trees that may be conifers (pines) or
hardwoods. On a plantation, the intended crop trees are planted rather than
naturally regenerated from seed on the site, coppice (sprouting), or seed that is
blown or carried into the site.
T. Forest vegetation- the plants of an area which grow together in disturbed or
undisturbed conditions in various wooded plant communities in any combination
or trees, saplings, shrubs, vines, and herbaceous plants. This includes mature and
successional forests as well as cutover stands.
U. High value tree- a tree that meets or exceeds the following standards: for pine
species, 14" DBH or greater, or 18" or greater stump diameter, and for hardwood

or wetland species, 16" DBH or greater, or 24" or greater stump diameter.
V. Industrial discharge- the discharge of industrial process treated wastewater or
wastewater other than sewage. Stormwater shall not be considered to be an
industrial wastewater unless it is contaminated with industrial wastewater.
Industrial discharge includes:
1. wastewater resulting from any process of industry or manufacture, or
from the development of any natural resource;
2. wastewater resulting from processes of trade or business, including
wastewater from laundromats and car washes, but not wastewater from
restaurants; or
3. wastewater discharged from a municipal wastewater treatment plant
requiring a pretreatment program.
W. Intermittent stream- a well defined channel that contains water for only part of'
the year, typically during winter and spring when the aquatic bed is below the
water table. The flow may be heavily supplemented by stormwater runoff'. An
intermittent stream often lacks the biological and hydrological characteristics
commonly associated with the continuous conveyance of water.
X. Land -disturbing activity- any use of the land that results in a change in the
natural cover or topography that may cause or contribute to sedimentation.
. Y. Major variance- a variance from the minimum statewide watershed protection
rules that results in the relaxation, by a factor greater than five percent, of any
buffer, density, or built upon area requirement under the high density option; any
variation in the design, maintenance, or operation requirements for a wet
detention pond or other approved stormwater management system; or relaxation
by a factor greater than ten percent, of any management required under the low
density option.
Z. Minor variance- a variance from the minimum statewide watershed protection
rules that results in the relaxation, by a factor up to five percent, of any buffer,
density, or built upon area requirement under the high density option; or that
results in a relaxation, by a factor up to ten percent, of any management required
under the low density option.
AA. Modified natural stream- an on -site channelization or relocation of a
stream channel and subsequent relocation of the intermittent or perennial flow as
evidenced by topographic alterations in the immediate watershed. A modified
natural stream must have the typical biological, hydrological and physical
characteristics commonly associated with continuous conveyance of water.
BB. Nonpoint source pollution- pollution which enters waters mainly as a
result of precipitation, and subsequent runoff from lands which have been
disturbed by human's activities, and includes all sources of water pollution which
are not required to have a permit in accordance with G.S. 143-215.1(c).
0 CC. Nutrient sensitive waters- those waters which are so designated in the

classification schedule in order to limit the discharge of nutrients (usually
nitrogen and phosphorous). They are designated by "NSW" following the water
classification.
DD. Perennial stream- a well-defined channel that contains water year round
during a year of normal rainfall with the aquatic bed located below the water table
for most of the year. Groundwater is the primary source of water for a perennial
stream, but it also carries stormwater runoff. A perennial stream exhibits the
typical biological, hydrological and physical characteristics commonly associated
with continuous conveyance of water.
EL'. Perennial waterbody- a natural or constructed basin that stores surface
water permanently at depths sufficient to preclude growth of rooted plants,
including lakes, ponds, sounds, non -stream estuaries, and oceans. For the purpose
of this Ordinance, the waterbody must be part of a natural drainageway (i.e.
connected by surface flow to a stream).
FF. Residential Development- buildings for residence such as attached and
detached single family dwellings, apartment complexes, condominiums,
townhouses, cottages, and their associated outbuildings such as garages, storage
buildings, and gazebos.
GG. Riparian area- an area that is adjacent to a body of water.
FIH. Stormwater collection system- any conduit, pipe, channel, curb, or gutter
for the primary purpose of transporting (not treating) ru n-off. A stormwater
collection system does include vegetated swales, swales stabilized with armoring
or alternative methods where natural topography prevents the use of vegetated
swales (subject to case -by -case review), curb outlet systems or pipes used to carry
drainage underneath built -upon surfaces that are associated with development
controlled by the provisions of 15A NCAC 2H 1003(c)(1).
I1. Stream- a body of concentrated flowing water in a natural low area or
natural channel on the land surface
JJ. Tree- a woody plant with a DBH equal to or exceeding five inches.
KK. Waste disposal- the use of waters for disposal of sewage, industrial waste
or other waste after approved treatment.
LL. Wetlands- "waters" as defined by G.S. 143-212(6) and are areas that
inundated or saturated by an accumulation of surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands do generally include swamps, marshes, bogs and similar
areas. Wetlands classified as waters of the State are restricted to waters of the
United States as defined by 33 CFR 328.3 and 40 CFR 230.3.
•

0 Section 3 Riparian Area Protection within the Neuse River Basin
The purpose of the County in adopting the following regulations is to protect the
County's streams, wetlands, and noodplains; to protect the water quality of the County's
watercourses, reservoirs, lakes, and ponds; to protect the County's riparian and aquatic
ecosystems; and to provide environmentally sound use of the County's land resources.
Buffers adjacent to streams provide multiple environmental protection and resource
management benefits. Forested buffers enhance and protect the natural ecology of stream
systems, as well as water quality through bank stabilization, shading, and nutrient
removal (subsurface). Wildlife habitat is also provided within both forested and grassed
buffers. They also help to minimize flood damage in flood prone areas. Grassed zones
within the buffers help to prevent sediment and sediment -bound pollutants such as
phosphorous from reaching the streams.
A. Applicability
This Ordinance shall apply to 50-foot wide riparian buffers directly adjacent to
surface waters in the Neuse River Basin within Orange County(intcrmittent
streams, perennial streams, lakes, ponds, and estuaries), excluding wetlands.
Wetlands adjacent to surface waters or within 50 feet of surface waters will be
considered as part of the riparian buffer but are regulated pursuant to North
Carolina Administrative Code 15A NCAC 2H .0506. The riparian buffers
protected by this Ordinance shall be measured pursuant to Section 3-B. For the
purpose of this Ordinance, a surface water shall be 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 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).
Riparian buffers adjacent to surface waters that do not appear on either of the
maps shall not be subject to this Ordinance. Riparian buffers adjacent to surface
waters that appear on the maps shall be subject to this Ordinance unless one of the
following applies.
1. Exemption when an on -site Determination shows that Surface Waters
Are Not Present: When a landowner or other affected party believes that
the maps have inaccurately depicted surface waters, he or she shall consult
the County. Upon request, the County shall make on -site determinations.
Any disputes over on -site determinations shall be referred to NCDENR-
Division of Water Quality in writing.
2. Surface waters that appear on the maps shall not be subject to this
Ordinance if an on -site determination shows that they fall into one of the
following categories.
a) Ditches and constructed conveyances other than modified
natural streams unless constructed for navigation and/or boat
access.
. b) Constructed ponds and lakes that are located outside natural
6

drainage ways.
c) Ephemeral (stormwater) streams.
3. Exemption when Existing Uses are Present and Ongoing: This
Ordinance shall not apply to portions of the riparian buffer where a use is
existing and ongoing according to the following:
a) A use shall be considered existing if it was present within the
riparian buffer as of July 22, 1997. Existing uses shall include, but
not be limited to, agriculture, buildings, industrial facilities,
commercial areas, transportation facilities, maintained lawns,
utility lines and on -site sanitary sewage systems. Only the portion
of the riparian buffer that contains the footprint of the existing use
is exempt from this Ordinance. Activities necessary to maintain
uses are allowed provided that no additional vegetation is removed
from Zone i except that grazed or trampled by livestock and
existing diffuse flow is maintained. Grading and revegetating Zone
2 is allowed provided that the health of the vegetation in Zone i is
not compromised, the ground is stabilized and existing diffuse flow
is maintained.
b) At the time an existing use is proposed to be converted to
another use, this Ordinance shall apply. An existing use shall be
considered to be converted to another use if any of the following
applies:
•
(1) impervious surface is added to the riparian buffer in •
locations where it did not exist previously.
(2) An agricultural operation within the riparian buffer is
converted to a non-agricultural use.
(3) A lawn within the riparian buffer ceases to be
maintained.
B. Zones within the Riparian Buffer
The protected riparian buffer shall have two zones as follows:
1. Zone 1 shall consist of a vegetated area that is undisturbed except for
uses provided for in the Table of Uses, Section 4. The location of Zone 1
shall be as follows:
a) For intermittent and perennial streams, Zone l shall begin at
the most landward limit of the top of the bank or rooted herbaceous
vegetation, and extend outward a minimum distance of 30 feet on
all sides of the surface water, measured horizontally on a line
perpendicular to the surface water.
b) For ponds, lakes, and reservoirs located within a natural
drainage way, Zone 1 shall begin at the most landward limit of the
normal water level or the rooted herbaceous vegetation and extend
landward a minimum distance of 30 feet, measured horizontally on
a line perpendicular to the surface water.
c) Zone 2 shall consist of a stable, vegetated area that is
undisturbed except for activities and uses provided for in the Table 0

. of Uses, Section 4. Grading and revegetation is allowed provided
that the health of the vegetation in Zone I is not compromise. Zone
2 shall begin at the outer edge of "Zone l and extend landward a
minimum of 20 feet as measured horizontally on a line
perpendicular to the surface water. The minimum combined width
of Zone 1 and Zone 2 shall be 50 feet on all sides of the surface
water.
C. Diffuse Flow Requirement
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow and reestablishing vegetation.
1. Concentrated runoff from new ditches or constructed conveyances
shall be converted to diffuse flow before the runoff enters the riparian
buffer.
2. Periodic corrective action to restore diffuse flow shall be taken if
necessary to impede the formation of erosion gullies.
Section 4 Table of Uses
The following chart sets out the uses and their designation under this Ordinance as
exempt, allowable, allowable with mitigation, or prohibited. The requirements for each
category are given in Section 4.A.
L�

Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Airport facilities:
• Airport facilities that impact equal to or less than 150
X
linear feet or one-third of an acre of riparian buffer
+ Airport facilities that impact greater than 150 linear feet
X
or one-third of an acre of riparian buffer
Archaeological activities
X
Brid es
X
Dam maintenance activities
X
Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
• Existing drainage ditches, roadside ditches, and
X
stormwater outfalls provided that they are managed to
minimize the sediment, nutrients and other pollution that
convey to waterbodies
• New drainage ditches, roadside ditches and stormwater
X
outfalls provided that a stormwater management facility is
installed to control nitrogen and attenuate flow before the
conveyance discharges through the riparian buffer
X
• New drainage ditches, roadside ditches and stormwater
outfalls that do not provide control for nitrogen before
discharging through the riparian buffer
X
• Excavation of the streambed in order to bring it to the
same elevation as the invert of a ditch
Drainage of a pond in a natural drainage way provided that
X
a new riparian buffer that meets the requirements of
Section 3.6 and IC is established adjacent to the new
channel
•
0
0

r�
•
•
Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Driveway crossings of streams and other surface waters
subject to this Rule:
• Driveway crossings on single family residential lots that
X
disturb equal to or less than 25 linear feet or 2,500 square
feet of riparian buffer
• Driveway crossings on single family residential lots
X
that disturb greater than 25 linear feet or 2,500 square feet
of riparian buffer
• In a subdivision that cumulatively disturb equal to or
X
less than 150 linear feet or one-third of an acre of riparian
buffer
X
• In a subdivision that cumulatively disturb greater than
150 linear feet or one-third of an acre of riparian buffer
Fences provided that disturbance is minimized and
X
installation does not result in removal of forest vegetation
Forest harvesting - see Section 4.F of this Rule
Fertilizer application:
• One-time fertilizer application to establish replanted
X
vegetation
• Ongoing fertilizer application
X
Grading and revegetation in Zone 2 only provided that
X
diffuse flow and the health of existing vegetation in Zone 1
is not compromised and disturbed areas are stabilized
Greenway 1 hiking trails
X
Historic preservation
X
Landfills -as defined by C.S. 130A-290.
X
10

Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Mining activities:
• Mining activities that are covered by the Mining Act
X
provided that new riparian buffers that meet the
requirements of Sections 3.13 and 3.0 are established
adjacent to the relocated channels
+ Mining activities that are not covered by the Mining Act
X
OR where new riparian buffers that meet the requirements
or Sections 3.8 and 3.0 are not established adjacent to the
relocated channels
Non -electric utility lines:
• Impacts other than perpendicular crossings in Zone 2
X
only'
X
• Impacts other than perpendicular crossings in Zone I
Non -electric utility line perpendicular crossings of streams
and other surface waters subject to this Rule 3:
• Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor equal
X
to or less than 10 feet in width
• Perpendicular crossings that disturb equal to or less than 40
linear feet of riparian buffer with a maintenance corridor
X
greater than 10 feet in width
• Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian buffer
X
with a maintenance corridor equal to or less than 10 feel in
width
• Perpendicular crossings that disturb greater than 40 linear
feet but equal to or less than 150 linear feet of riparian buffer
X
with a maintenance corridor greater than 10 feet in width
• Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer
X
On -site sanitary sewage systems - new ones that use ground
X
absorption
C7
0

•
•
•
Exempt
Allowable
Allowable
Prohibited
Willi
Mitigation
Overhead electric utility lines:
• Impacts other than perpendicular crossings in `Lone 2
X
only'
• Impacts other than perpendicular crossings in Zone i '•z_a
X
• Perpendicular crossings that disturb equal to or less than
X
150 linear feet of riparian buffer t
• Perpendicular crossings that disturb greater than 150
X
linear feet of riparian buffer 1.2
Periodic maintenance of modified natural streams such as
canals and a grassed travelway on one side of the surface
X
water when alternative forms of maintenance access are not
practical
'Provided that, in Zone], all of the following 13M1's for overhead utility lines are used. Irall of these 13M1's are not
used, then the overhead utility lines shall require a no practical alternative evaluation by the Division.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
• ]tip rap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of
storinwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
Z Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternative evaluation.
' Perpendicular crossings are those that intersect the surface water at an angle between 75' and 105°.
12

Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Playground equipment:
• Playground equipment on single family lots provided that
X
installation and use does not result in removal of vegetation
• Playground equipment installed on lands other than single-
family lots or that requires removal of vegetation
X
Ponds in natural drainage ways, excluding dry ponds:
+ New ponds provided that a riparian buffer that meets the
X
requirements of Sections 3.t3 and IC is established adjacent
to the pond
• New ponds where a riparian buffer that meets the
X
requirements of Sections 3.13 and 3.0 is NOT established
adjacent to the pond
Protection of existing structures, facilities and streambanks
X
when this requires additional disturbance of the riparian buffer
or the stream channel
Railroad impacts other than crossings of streams and other
surface waters subject to this Rule
X
Railroad crossings -of streams and other surface waters subject
to this Rule:
+ Railroad crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet or one-third of an acre
of riparian buffer
• Railroad crossings that impact greater than 150 linear feet
X
or one-third of an acre of riparian butter
13
•
•

•
11
Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Removal of previous fill or debris provided that diffuse
X
flow is maintained and any vegetation removed is restored
Road impacts other than crossings of streams and other
X
surface waters subject to this Rule
Road crossings: of streams and other surface waters subject
to this Rule:
• Road crossings that impact equal to or less than 40 linear
X
feet of riparian buffer
• Road crossings that impact greater than 40 linear feet but
X
equal to or less than 150 linear feet or one-third of an acre
of riparian buffer
• Road crossings that impact greater than 150 linear feet or
X
one-third of an acre of riparian buffer
Scientific studies and stream gauging
X
Stormwater management ponds -excluding dry ponds:
• New stormwater management ponds provided that a
X
riparian buffer that meets the requirements of Sections 3.13
and 3.0 is established adjacent to the pond
• New stormwater management ponds where a riparian
X
buffer that meets the requirements of Sections 3.13 and 3.0
is NOT established adjacent to the pond
Stream restoration
X
Streambank stabilization
X
14

Exempt
Allowable
Allowable
Prohibited
with
Mitigation
Temporary roads:
• Temporary roads that disturb less than or equal to 2,500
X
square feet provided that vegetation is restored within six
months of initial disturbance
• Temporary roads that disturb greater than 2,500 square
X
feet provided that vegetation is restored within six months
of initial disturbance
X
• Temporary roads used for bridge construction or
replacement provided that restoration activities, such as
soil stabilization and revegetation, are conducted
immediately after construction
Temporary sediment and erosion control devices:
• In Zone 2 only provided that the vegetation in Zone I is
X
not compromised and that discharge is released as
diffuse flow in accordance with Section 3.0
• In Zones I and 2 to control impacts associated with
X
uses approved by the Division or that have received a
variance provided that sediment and erosion control
for upland areas is addressed to the maximum extent
practical outside the buffer
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel
Underground electric utility lines:
• Impacts other than perpendicular crossings in Zone 2
X
only 3
• Impacts other than perpendicular crossings in Zone 11.4
X
15
C7
•

•
•
Exempt
Allowable
Allowable
with
Miti ation
Prohibited
Underground electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule: s
• Perpendicular crossings that disturb less than or equal to
X
40 linear feet of riparian buffer"
+ Perpendicular crossings that disturb greater than 40
X
linear feet of riparian buffer a
" Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. Ifall ofthese
BM1's are not used, then the underground utility line shall require a no practical alternative evaluation by
the Division.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
+ Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain,
except in the trench, where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation.
+ No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area,
and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow
of stor►nwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
16

Exempt
Allowable
Allowable
Prohibited
with
Miti ation
Vegetation management:
• Emergency fire control measures provided that
X
topography is restored
• Periodic mowing and harvesting of plant products in
X
Zone 2 only
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and
X
function of the forest vegetation is not compromised
• Removal of individual trees which are in danger of
X
causing damage to dwellings, other structures or human
X
life
• Removal of poison ivy
X
• Removal of understory nuisance vegetation as defined
in:
Smith, Cherri L. 1998. Exotic Plant Guidelines.
Department of Environment and Natural Resources.
Division of Parks and Recreation. Raleigh, NC. Guideline
#30
Water dependent structures as defined in I5A NCAC 2B
X
.0202
Water supply reservoirs:
• New reservoirs provided that a riparian buffer that meets
X
the requirements of Sections 3.B and IC is established
adjacent to the reservoir
• New reservoirs where a riparian buffer that meets the
X
requirements of Sections 3.13 and IC is NOT established
adjacent to the reservoir
Water wells
X
Wetland restoration
X
17
11
•

0
A. Requirements for Categories of Uses
Uses designated as exempt, allowable, allowable with mitigation and prohibited in
Section 4 Table of Uses shall have the following requirements:
1. Exempt: Uses designated as exempt are allowed within the riparian buffer
as long as the proposed user meets the following conditions prior to
commencing the exempt use:
a) Provide the Planning Director or Designee notification of the
location and nature of the exempt use;
b) Provide a written statement that the exempt use shall be
designed, constructed and maintained to minimize soil disturbance
and to provide the maximum water quality protection practicable.
In addition, exempt uses shall meet requirements listed in Section
4 `fable of Uses for the specific use.
2. Allowable: Uses designated as allowable may proceed within the riparian
buffer provided that there are no practical alternatives to the requested use
pursuant to Section 4.13. These uses require written authorization from the
County.
3. Allowable with Mitigation: Uses designated as allowable with mitigation may
proceed within the riparian buffer provided that there are no practical alternatives
to the requested use pursuant to Section 4.13 and an appropriate mitigation
• strategy has been approved pursuant to Section 4.E. These uses require written
authorization from the County.
4. Prohibited: Uses designated as prohibited may not proceed within the riparian
buffer unless a variance is granted pursuant to Section 4.D. Mitigation may be
required as one condition of a variance approval.
13. Determination of "NO PRACTICAL ALTERNATIVES."
Persons who wish to undertake uses designated as allowable or allowable with mitigation
shall submit a request for a "No Practical Alternatives" determination to the County. The
applicant shall certify that the criteria identified in Section 4.13 are met. The County shall
grant an Authorization Certificate upon a "No Practical Alternatives" determination. The
procedure for making an Authorization Certificate shall be as follows:
I . For any request for an Authorization Certificate, the County shall review the
entire project and make a finding of fact as to whether the following requirements
have been met in support of a "No Practical Alternatives" determination:
a) The basic project purpose cannot be practically accomplished in a
manner that would better minimize disturbance, preserve aquatic life and
habitat, and protect water quality.
b) The use cannot practically be reduced in size or density, reconfigured
or redesigned to better minimize disturbance, preserve aquatic life and
habitat, and protect water quality.
c) Best management practices will be used if necessary to minimize
disturbance, preserve aquatic life and habitat, and protect water quality.
18

C. Requests for an Authorization Certificate .
All requests shall be reviewed and either approved or denied within 60 days of receipt of
a complete submission based on the criteria in Section 4.13.1 by the County. Failure to
issue an approval or denial within 60 days shall constitute that the applicant has
demonstrated "no practical alternatives." The County may attach conditions to the
Authorization Certificate that support the purpose, spirit and intent of the riparian buffer
protection program. Complete submissions shall include the following:
I. The name, address and phone number of the applicant;
2. The nature of the activity to be conducted by the applicant;
3. The location of the activity, including the jurisdiction;
4. A map of sufficient detail to accurately delineate the boundaries of the land to
be utilized in carrying out the activity, the location and dimensions of any
disturbance in riparian buffers associated with the activity, and the extent of
riparian buffers on the land;
S. An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to the
riparian buffer, preserve aquatic life and habitat and protect water quality; and
6. Plans for any best management practices proposed to be used to control the
impacts associated with the activity.
D. Disputes
Any disputes over determinations regarding Authorization Certificates shall be referred to
NCDENR- Division of Water Quality for a decision. •
E. Variances
Persons who wish to undertake uses designated as prohibited have the option of pursuing
a variance. The County may grant minor variances. The variance request procedure shall
be as follows:
1. For any variance request, the County shall make a finding of fact as to
whether the following requirements have been met:
a) There are practical difficulties or unnecessary hardships that prevent
compliance with the strict letter of the riparian buffer protection
requirements. Practical difficulties or unnecessary hardships shall be
evaluated in accordance with the following:
(1) If the applicant complies with the provisions of this Rule,
he/she can secure no reasonable return from, nor make reasonable
use of, his/her property. Merely proving that the variance would
permit a greater profit from the property will not be considered
adequate justification for a variance. Moreover, the County shall
consider whether the variance is the minimum possible deviation
from the terms of this Rule that will make reasonable use of the
property possible.
(2) The hardship results from application of this Rule to the
property rather than from other factors such as deed restrictions or
19 40

• other hardship.
(3) The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, which is different
from that of neighboring property.
(4) The applicant did not cause the hardship by knowingly or
unknowingly violating this Rule.
(5) The applicant did not purchase the property after the effective
date of this Rule, and then requesting an appeal.
(6) The hardship is unique to the applicant's property, rather than
the result of conditions that are widespread. If other properties are
equally subject to the hardship created in the restriction, then
granting a variance would be a special privilege denied to others,
and would not promote equal justice.
(7) The variance is in harmony with the general purpose and intent
of the State's riparian buffer protection requirements and preserves
its spirit; and
(8) In granting the variance, the public safety and welfare have
been assured, water quality has been protected, and substantial
justice has been done.
2. Minor Variances
A minor variance request pertains to activities that are proposed only to impact
• any portion of "Lone 2 of the riparian buffer. Minor variance requests shall be
reviewed and approved based on the criteria in Section 4.D.1 by the County
pursuant to either G.S. 153A-Article 18, or G.S. 160A-Articic 19. The County
may attach conditions to the variance approval that support the purpose, spirit and
intent of the riparian buffer protection program. Requests for appeals of decisions
made by the County shall be made to the appropriate Board of Adjustment under
G.S. 160A-388 or G.S. 153A-345.
3. Major Variances
A major variance request pertains to activities that are proposed to impact any
portion of Zone I or any portion of both Zones I and 2 of the riparian buffer. If
the County has determined that a major variance request meets the requirements
in Section 4.D.1, then it shall prepare a preliminary finding and submit it to the
Commission. Preliminary findings on major variance requests shall be reviewed
by the Commission within 90 days after receipt by the Director. Requests for
appeals of determinations that the requirements of Section 4.D.1 have not been
met shall be made to the Office of Administrative Hearings for determinations
made by the Division or the appropriate Board of Adjustments under G.S. 160A-
388 or G.S. 153A-345 for determinations made by the delegated local authority.
The purpose of the Commission's review is to determine if it agrees that the
requirements in Section 4.D.1 have been met. Requests for appeals of decisions
made by the Commission shall be made to the Office of Administrative Hearings.
The following actions shall be taken depending on the Commission's decision on
the major variance request:
20

a) Upon the Commission's approval, the County shall issue a final
decision granting the major variance.
b) Upon the Commission's approval with conditions or stipulations, the
County shall issue a final decision, which includes these conditions or
stipulations.
c) Upon the Commission's denial, the County shall issue a final decision
denying the major variance.
F. Mitigation
Persons who wish to undertake uses designated as allowable with mitigation shall meet
the following requirements in order to proceed with their proposed use.
1. Obtain a determination of "No Practical Alternatives" to the proposed use
pursuant to Section 4.13.
2. Obtain approval for a mitigation proposal pursuant to 15A NCAC 2B .0242.
G. Requirements Specific to Forest Harvesting
The following requirements shall apply for forest harvesting operations and practices.
I. The following measures shall apply in the entire riparian buffer:
a) Logging decks and sawmill sites shall not be placed in the riparian
buffer.
b) Access roads and skid trails shall be prohibited except for temporary
and permanent stream crossings established in accordance with 15A
NCAC 1I .0203. Temporary stream crossings shall be permanently
stabilized after any site disturbing activity is completed. •
c) Timber felling shall be directed away from the stream or water body.
d) Skidding shall be directed away from the stream or water body and
shall be done in a manner that minimizes soil disturbance and prevents the
creation of channels or ruts.
e) Individual trees may be treated to maintain or improve their health,
form or vigor.
f) Harvesting of dead or infected trees or application of pesticides
necessary to prevent or control extensive tree pest and disease infestation
shall be allowed. These practices must be approved by the Division of
Forest Resources for a specific site. The Division of Forest Resources
must notify the Division of all approvals.
g) Removal of individual trees that are in danger of causing damage to
structures or human life shall be allowed.
h) Natural regeneration of forest vegetation and planting of trees, shrubs,
or ground cover plants to enhance the riparian buffer shall be allowed
provided that soil disturbance is minimized. Plantings shall consist
primarily of native species.
i) High intensity prescribed burns shall not be allowed.
j) Application of fertilizer shall not be allowed except as necessary for
permanent stabilization. Broadcast application of fertilizer or herbicides
to the adjacent forest stand shall be conducted so that the chemicals are
not applied directly to or allowed to drift into the riparian buffer.
21 0

• 2. In Zone 1, forest vegetation shall be protected and maintained. Selective harvest
as provided for below is allowed on forest lands that have a deferment for use value
under forestry in accordance with G.S. 105-277.2 through 277.6 or on forest lands
that have a forest management plan prepared or approved by a registered professional
forester. Copies of either the approval of the deferment for use value under forestry
or the forest management plan shall be produced upon request. 1�"or such forest lands,
selective harvest is allowed in accordance with the following:
a) Tracked or wheeled vehicles are not permitted except at stream
crossings designed, constructed and maintained in accordance with 15A
NCAC 11 .0203.
b) Soil disturbing site preparation activities are not allowed.
c) Trees shall be removed with the minimum disturbance to the soil and
residual vegetation.
d) The following provisions for selective harvesting shall be met:
(1) The first 10 feet of Zone I directly adjacent to the stream or
waterbody shall be undisturbed except for the removal of
individual high value trees as defined provided that no trees with
exposed primary roots visible in the streambank be cut.
(2) In the outer 20 feet of Zone 1, a maximum of 50 percent of the
trees greater than five inches dbh may be cut and removed. The
reentry time for harvest shall be no more frequent than every 15
years, except on forest plantations where the reentry time shall be
• no more frequent than every five years. In either case, the trees
remaining after harvest shall be as evenly spaced as possible.
(3) In Zone 2, harvesting and regeneration of the forest stand shall
be allowed provided that sufficient ground cover is maintained to
provide for diffusion and infiltration of surface runoff.
Section 5 New Development Review
New development plans within the SMA must comply with the following three rules:
A. Riparian areas must be protected and maintained in compliance with this Orange
County Neuse River Basin Stormwater Management Ordinance,
13. Nitrogen load contribution must be held to 3.6 lbs per acre per year, and
C. No net increase in peak flow leaving the site from the predevelopment conditions for
the 1-year, 24-hour storm.
Section 6 Nutrient Load Calculations
For the purpose of this Ordinance new development shall be defined by as to include the
following:
• Any activity that disturbs greater than one acre of land in order to establish,
expand or modify a single family or duplex residential development or a
recreational facility.
0
22

• Any activity that disturbs greater than one-half an acre of land in order to
establish, expand, or modify a multifamily residential development or a
commercial, industrial or institutional facility.
New development shalt not include agriculture, mining, or forestry activities. Land disturbing
activity is defined as grubbing, stump removal, and/or grading.
A. The nitrogen export from each new development must be calculated. This export will
be calculated in pounds per acre per year (Ibs/ae/yr). The two methodologies that are to
be used are as follows.
1. Method 1
This method is intended for use where lots are shown but the actual footprint of
buildings are not shown on site plans. This method does not require calculation of
the area of building footprints. Rather, the impervious surface resulting from
building footprints is estimated based on typical impervious areas associated with
a given lot size. This method is shown in Appendix 1.
2. Method 2
This method is for residential, commercial, and industrial development when the
entire footprint of the roads, parking lots, buildings, and any other built -upon area
is shown on the site plans. This method is simpler and more accurate since it does
not require estimating the impervious surface based on lot size. Method 2 is •
shown in Appendix 2.
a) If a non-residential subdivision plan is submitted without impervious
surfaces not shown, the following two options are available:
(1) Option A
Property owner must specify the areas of impervious surface,
undisturbed open space and managed open space on the property in
a restrictive covenant. Method 2 would then be applied.
(2) Option B
Planning staff will determine a worst -case scenario for the areas of
impervious surface and managed open space for the type of
development specified. Method 2 would then be applied.
B. Nutrient Export Figures
Calculations must be in accordance with either Method 1 or 2 shown in Appendix 1 and
2,respectively, of this Ordinance.
C. Nutrient Export Reduction Options
If calculations show that the development will contribute greater than 3.6 Ibs/ac/yr of
nitrogen, then the options shown below are available.
1. Residential Development
a) If the calculated nitrogen export is less than 6.0 Ibs/ac/yr, then the
owner may:
23
0

• (1) Install BMPs specified in Section 8 to reduce nitrogen export
amounts to 3.6 Ibslac/yr.
(2) Pay a one-time offset payment of $330/lb. This offset fee will
go to the Wetlands Restoration Program (WRP) The WRP will
utilize these fees in accordance with the Basinwide Wetlands and
Riparian Restoration plans. It is the policy of the WRP to utilize
the funds where they are generated to the maximum extent
possible.
(3) A combination of BMPs and offset payments may be used to
achieve 3.6 lbs/ac/yr.
b) If the calculated export is greater than 6.0 lbs/ac/yr, the owner must
use on- site BMI's to lower the nitrogen export to 6.0 Ibslac/yr. The owner
may then use one of the above options to achieve a nitrogen export level
of 3.6 Ibslac/yr,
2. Commercial and Industrial
a) If the calculated export is less than 10.0 Ibs/ac/yr, then the owner may:
(1) Install BMPs specified in Section 8 to reduce nitrogen export
amounts to 3.6 lbs/ac/yr.
(2) Pay a one-time offset payment of $330/lb. 'Phis offset fee will
go to the Wetlands Restoration Program (WRP) The WRP will
• utilize these fees in accordance with the Basinwide Wetlands and
Riparian Restoration plans. It is the policy of the WRP to utilize
the funds where they are generated to the maximum extent
possible.
(3) A combination of BMPs and offset payments may be used to
achieve 3.6 lbs/ac/yr.
b) If the calculated export is greater than 10.0 Ibs/ac/yr, the owner must
use BMPs to lower the nitrogen export to 10.0 lbs/ac/yr. The owner may
then use one of the above options to achieve a nitrogen export level of 3.6
Ibs/ac/yr.
D. Calculating Peak Runoff Volume
For all new development, there shall be no net increase in peak flow leaving the site from
the predevelopment conditions for the 1 year, 24 hour storm.
I. The following are acceptable methodologies for computing the pre- and post -
development conditions for the 1 year, 24 hour storm.
a) Rational Method
b) Peak Discharge Method as described in the USDA Soil Conservation
Service's Technical Release Number 55 (TR-55).
c) Putnam Method
d) Alternative methods must be approved by the County and the EMC
2. The same method must be used for both the pre- and post- development
40 conditions.
24

3. Raleigh Rainfall Depths •
a) 1 year, 24 hour depth: 3.00 inches
b) 1 year, 24 hour intensity: under development by DWQ staff
E. Exemptions to the Peak Flow Requirements
Peak flow requirements are waived for development that meets the following criteria:
1. Increase in peak flow between prc- and post- development conditions does not
exceed 10% (ten percent).
2. Proposed new development meets all of the following criteria:
a) total impervious surface is less than 15% (fifteen percent), and
b) remaining pervious surface maximizes stormwater runoff control and
conveyance.
3. Detention will cause further flooding on lands that have experience flooding
during previous storm events. This request for exemption must be prepared by a
North Carolina registered professional engineer and submitted in writing to the
Planning Director or Designee. Appeals of this decision will follow Section 7-E
of this Ordinance.
Section 7 Stormwater Management Plan
A. Plan Requirements
1. Permanent on -site BMPs must be shown as part of the Stormwater
Management Plan and accompany the Land -Disturbing Plan submittal. BMPs are •
to be in accordance with the NC and MD design manuals.
2. All calculations for Nitrogen Export, Peak Run-off Volume, and permanent
BMPs designed for Nitrogen Removal must be included in the submittal of the
Stormwater Development Plan.
B. Plan Approval
The Enforcement Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the Orange County
Design Manual, and other requirements of this Ordinance.
C. Approved Plan a Prerequisite
The Enforcement Officer is not authorized to issue any permits for development on any
land within the Neuse River Basin that is defined as new development under Section 5 of
this Ordinance unless and until a Stormwater Development Plan in compliance with the
requirements of this Section has been approved.
D. Design of Permanent Nitrogen Export Reduction BMPs
When a permanent nitrogen export reduction BMP is required for new development to
meet the requirements of this Ordinance, a North Carolina registered professional
engineer shall prepare the plan with the Engineer's Certification of Stormwater
Management as shown in Appendix 3 affixed, signed, sealed and dated.
E. Fees
The Stormwater Management Plan Review Fee shall be paid at the time of submittal. The
fee shall be based upon the current Orange County Planning Fee Schedule. 40
25

0 F. Appeals
Appeals of the Enforcement Officer's decision on a Stormwater Management Plan shall
be made to the Orange County Planning Director. If the Planning Director upholds the
decision, the person shall be entitled to a public hearing if such person submits written
demand for a hearing within 15 days after receipt of written notice of disapproval,
modification, or conditions of approval.
1. Hearings held pursuant to this section shall be conducted by the Orange
County Planning Board within 30 days after receipt of written demand for such
hearing made by the person submitting the plan
2. The Orange County Planning Board shall make recommendations to the
Board of Commissioners of Orange County within 30 days after the date of the
hearing on such erosion control plan.
3. The Board of Commissioners of Orange County will render its final decision
on any erosion control plan upon which a hearing is requested within 30 days of'
receipt of the recommendations from the agency conducting the hearing.
Section 8 Permanent Nitrogen Export Reduction Best Management Practices
A. Permanent On -site Nitrogen Export Reduction BMPs
The following on -site BMPs may be utilized for reducing nitrogen from new
developments:
1. Wet detention ponds
2. Constructed wetlands
3. Open channel practices
4. Riparian buffers
5. Bioretention
r�
26

Section 9 BMP Construction
A. Total Nitrogen Removal Rates
Each BMP receives an assigned 7N (total nitrogen) removal rate.
•
BMP Type
TN Removal Rate
A2prmiatc Design Standards
Wet detention ponds
25%
NC and MD Design Manuals
Constructed wetlands
40%
NC and MD Design Manuals
Open channel practices
30%
NC and MD Design Manuals
Ri arian buffers
30%
Orange Co. Buffer Standards
Vegetated buffer strips with
levels reader
20%
NC and MD Design Manuals
131oretention
25%
NC and MD Design Manuals
Sand filters
35%
NC and MD Design Manuals
Other BMPs
varies
subject to Orange County and
NCDENR-D W Q approval
1. If more than one BMP is installed in series on a development, then the
removal rate shall be determined through SERIAL rather than additive
calculations.
a) Example:
If a wet detention pond discharges through a riparian buffer, then the TN
removal rate would be 47.5%. This number is reached by assuming that
the pond removes 25% of the TN and discharges 75% into the riparian
buffer. The buffer then removes 30% of the nitrogen discharged by the
pond, which is 22.5%. This totals 47.5% (25% + 22.5%= 47.5%).
The removal rate is NOT 25% plus 30%.
B. Surety
The financially responsible party may be required to file with Orange County an
improvement security, performance bond or letter of credit in the form of an escrow
account or other instruments satisfactory to the County attorney in the amount deemed
sufficient by the County to cover all costs of repairing or installing the required
Permanent BMPs according to requirements of this Ordinance, and the approved
Stormwater Management Plans. The amount of such surety requirement shall be
determined by the County. Such surety shall be valid until the work is completed in
accordance with the Stonnwater Management Plan and until same is released by the
County. Applicable surety shall be forfeited upon violation of this Ordinance and shall be
used to establish protective cover on the site, to control the velocity of runoff, and/or
prevent off -site nitrogen export. Any monies in excess of the cost of providing protective
measures shalt be refunded to the applicant. Surety shall be released when the County has
certified that the requirements of this Ordinance have been met. Surety amounts will be
determined by rates set in the Orange County Planning Fee Schedule.
27

Section 10 Annual Maintenance
A. If BMPs are shown on a development plan, then a signed, and notarized maintenance
agreement must accompany them. The agreement must include the following:
1. Name and address of the person or organization financially responsible for
paying the annual inspection fee;
2. Name(s) and address(es) of all parties to whom a copy of the annual
inspection report should go;
3. Name and address of the person or organization financially responsible for all
maintenance specified in the annual inspection report;
4. Emergency contact information;
S. And a standard maintenance plan which includes but is not limited to:
a) any mowing of permanent vegetation,
b) any removal of bushes and trees from the dam of a wet detention pond,
c) reseeding of any eroding areas of the wet detention ponds, open
channel practices, riparian buffers, and vegetated filter strips,
d) replacing of impaired vegetation in a constructed wetlands or riparian
buffer,
e) removal of debris from the `trash rack' on any wet detention pond or
sand filter,
0 and repair of any damage to structural aspects of wet detention ponds,
constructed wetlands, level spreaders, and sand filters.
6. In residential subdivisions where a Homeowner's Association will be
assuming responsibility for all permanent BMPs, a signed and notarized
Homeowner's Association Notification(Appendix 4- Sample Maintenance
Agreement) form will be required, and a revised maintenance agreement must be
submitted. This must be given to the Orange County Planning Department before
the Land Disturbing Permit may be closed, and any construction bond held on the
permanent Nitrogen Reduction BMPs may be released.
13. Fee
The Annual Maintenance Inspection Fee for the first year shall paid before:
1. the release of any Final Certificate of Occupancy for Non -Residential
Properties.
2. the release of the construction bond for Residential or Non- Residential
Properties.
The fee shall be based upon the current Orange County Planning Fee Schedule, and shall
be paid to Orange County following each annual inspection.
C. Failure to Pay Fee
Failure to pay the Annual Maintenance Inspection Fee will be deemed a violation of the
Ordinance.
Section 11 Land Use Planning Provisions
C�
28

All feasible site design techniques that reduce impervious surface on new development should be
utilized during the planning process. Where possible, the following planning techniques should
be incorporated into any plan for new development:
• minimize any road widths,
• reduce minimum parking requirements,
• minimize the use of curb and gutter,
• maximize the use of cluster or open space developments,
• maximize the use of traditional neighborhoods, and
• maximize mixed use developments.
Section 12 Jurisdiction -Wide and Inter -Local Approaches
Orange County shall have the option of implementing jurisdiction -wide and/or inter -local
approaches to achieve nitrogen reductions.
Any jurisdiction -wide and/or inter -local approaches must be approved by the Orange County
Board of Commissioners, and the Environmental Management Commission before
implementation.
Section 13 Jurisdiction -Wide Collection of Illegal Discharge Information
Orange County Planning and Inspections shall collect information related to Illegal Discharges
from all applicable sources within its Jurisdiction within the Neuse River Basin.
Section 14 Illegal Discharges
Orange County shall implement a program to prevent, identify and remove illegal discharges.
This section of the Ordinance establishes methods for controlling the introduction of pollutants
into the stormwater collection system.
A. Discharge Prohibitions
No person shall discharge or cause to be discharged into the stormwater collection system
any materials, including but not limited to pollutants or waters containing any pollutants
that cause or contribute to a violation of applicable water quality standards, other than
stormwater.
B. Allowable Discharges
The commencement, conduct, or continuance of any illegal discharge to the stormwater
collection system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established
by this Ordinance provided that they do not significantly impact water quality:
a) Waterline flushing,
b) Landscape irrigation,
c) Diverted stream flows,
29

d) Uncontaminated rising groundwater,
e) Uncontaminated groundwater infiltration to the stormwater collection
system,
f) Uncontaminated pumped groundwater,
g) Discharges from potable water sources,
h) Foundation drains,
i) Uncontaminated air conditioning condensation,
j) Irrigation water,
k) Springs,
1) Water from crawl space pumps,
m) Footing drains,
n) Lawn watering,
o) Non-commercial car washing,
p) Flows from riparian habitats and wetlands,
q) NPDES permitted discharges,
r) Street wash water,
s) Fire fighting emergency activities,
t) Wash water from the cleaning of buildings,
u) Dechlorinated backwash and draining associated with swimming
pools, and
v) Flows from firefighting.
w) Discharges specified in writing by the County as being necessary to
public health and safety.
x) Dye testing is an allowable discharge, but requires verbal notification
to the County prior to the time of the test.
y) Any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of the Federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of
the permit, waiver, or waste discharge order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the stormwater collection system.
C. Prohibited Discharges
1. It is a violation of this Ordinance for any person to discharge any substance
into the stormwater collection system which by its nature, may:
a) become a public health hazard endangering human or animal health.
b) interfere with the free and rapid flow of surface water.
c) be flammable or explosive.
d) be toxic to human, animal or plant life,
e) be corrosive or damaging to the stormwater collection system.
1) affect adversely the State of North Carolina classification of the stream
into which the discharge flows.
2. Non -allowable discharges include, but are not limited to, the following:
a) Dumping of oil, anti -freeze, chemicals, garbage, paint or cleaning
fluids,
30

b) Untreated animal waste,
c) Commercial car washes,
d) Industrial discharges,
e) Contaminated foundation drains,
f) Cooling water unless no chemicals are added, and a NPDES permit is
in place,
g) Washwaters from commercial and industrial activities,
h) Sanitary sewer discharges,
i) Septic tank discharges,
j) Washing machine discharges, and
k) Chlorinated backwash and draining associated with swimming pools.
D. Prohibition of [llegal Connections
The construction, use, maintenance, or continued existence of illegal
connections to the stormwater collection system is prohibited. Any connection to
the stormwater collection system which allows the discharge of non-stormwater,
other than the exclusions listed in Section 17.13.t of this Ordinance, is prohibited.
2. This prohibition expressly includes, without limitation, illegal connections
made in the past, regardless of whether the connection was permissible under law
or practices applicable or prevailing at the time of the connection.
3. A person is considered to be in violation of this Ordinance if the person
connects a line conveying sewage to the stormwater collection system, or allows
such a collection to continue.
4. Where such connections exist in violation of this Ordinance, and said
connections existed prior to the adoption of this Ordinance, the property owner, or
person using said connection shall have shall remove the connection within one
(1) year following the adoption of this Ordinance. This 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 human, animal or plant life, and natural
resources.
a) Where it is determined that the one (1) year grace period shall not
apply, the Planning Director or Designee shall determine the time within
which the connection shall be removed. In setting the time limit for
compliance, the County shall take into consideration:
(1) The quantity and complexity of the work.
(2) The consequences of delay.
(3) The potential harm to the environment, to the public health, to
public and private property, to wildlife, and to natural resources.
(4) The cost of remedying the damage.
E. Spills
Spills or leaks of polluting substances discharged to, or having the potential to reach the
stormwater collection system, shall be contained, controlled, collected, and removed
promptly. All affected areas shall be restored to their preexisting condition.
31
•
•

• 1. Notification of Spills
a) Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into or may reach the stormwater
collection system or waters of the Neuse River Basin in Orange County,
said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such discharge. In the event of such a
discharge of hazardous materials, said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch
services, and shall notify the County within twenty-four (24) hours. In the
event of a discharge of non- hazardous materials, said person shall notify
the County no later than the next business day. All notifications shall be
confirmed by written notice addressed and mailed to the County within
three (3) business days of the discharge.
b) Notification shall not relieve said person off:
(1) any liability or expense related to the discharge.
(2) restoration of any area affected by the discharge to preexisting
conditions.
(3) liability or violation of any regulatory body of the County,
State or Federal government.
• Section 15Inspections and Investigations
A. Site Inspections
Agents, officials, or other qualified persons authorized by the County will periodically
inspect on -site BMPs and illegal discharges to ensure:
1. compliance with the Act, this ordinance, or rules or orders adopted or issued
pursuant to this ordinance;
2. whether the measures required in the plan are being constructed in accordance
with the approved plan;
3. whether the permanent BMPs are in need of any maintenance including, but
not limited to, the following:
a) mowing of vegetation,
b) vegetation re-establishment,
c) tree removal (especially from wet detention ponds),
d) stabilization of any eroding areas, and
e) structural (pipe, riser, dam, etc) repair.
13. Notice of the right to inspect shall be included in the letter of approval of each
Stormwater Management Plan.
• C. Authority to Enter Property and Conduct Investigations and Inspections
32

No person shall will fully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or attempting to
inspect a required on -site BMP. The Enforcement Officer shall have the power to conduct
such investigations as deemed reasonably necessary to carry out the duties as prescribed
in this Ordinance, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting the sites of any required
on -site BMP. No person shall refuse entry or access to any authorized representative or
agent of the county who request entry for purposes of inspection, and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere with any such
representative while in the process of carrying out their official duties.
D. Notice of Violation
If it is determined that a person responsible for construction or maintenance of any
permanent on -site BMA, or removal of any Illegal Discharge has failed to comply with
the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a
notice of violation shall be served upon that person. The notice may be served by any
means authorized under G.S. IA-1, rule 4. The notice shall specify a date by which the
person must comply with the Act, or this Ordinance or rules, or orders adopted pursuant
to this Ordinance, and inform the person of the actions that need to be taken to comply
with the Act, this Ordinance, or rules or orders adopted pursuant to this Ordinance.
However, no time period for compliance need be given for encroaching on the riparian
buffer or obstructing, hampering or interfering with an authorized representative while in
the process of carrying out their official duties. Any person who fails to comply within
the time specified is subject to the civil and criminal penalties provided in this Ordinance.
In the event service cannot be accomplished by registered or certified mail, it may be
accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil
Procedure.
E. Power to Require Statements
The Enforcement Officer shall also have the power to require written statements, or the
filing of reports under oath, with respect to pertinent questions relating to land -disturbing
activities.
P. Stop Work Orders
Whenever any person is violating this Ordinance or any rule or order adopted or issued
pursuant to this Ordinance, or any term, condition, or provisions of an approved
Stormwater Management Plan, the Enforcement Officer may, either before or after the
institution of any other action or proceeding authorized by this Ordinance, issue a stop
work order for the site on which the violation has occurred. Upon issuance of such an
order and the posting of same on the site of the violation, all work on the site of the
violation shall cease, except those activities necessary to bring the site into compliance
with this Ordinance. Notice of the stop work order shall be in writing, directed to the
person conducting the land -disturbing activity and shall state the reasons for the issuance
of the order, and the conditions under which work may be resumed. Notice shall be given •
33

0 by registered or certified mail.
In the event service cannot be accomplished by registered or certified mail, it may be
accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil
Procedure.
G. Appeal of Stop Work Order
'rhe person conducting the development activity may appeal a stop work order to the
County Commissioners within a period of five days after the order is issued. Notice of
appeal shall be given in writing to the Commissioners, with a copy to the Enforcement
Officer. The County Commissioners shall conduct a hearing at their next scheduled
meeting at which the appellant and the Enforcement Officer or Inspector shall be
permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as
possible. Pending the ruling by the Commissioners on an appeal, no further work shall
take place in violation of a stop work order.
Section 16 Penalties
A. Civil Penalties
• 1. Assessment of Penalties
Any person who violates any of the provisions of this Ordinance or rules or orders
adopted or issued pursuant to this Ordinance, or who fails to install, or complete
any permanent on -site Nitrogen Reduction 13MP or fails to conduct required
maintenance on any permanent on -site BMI', or fails to remove an identified
Illegal Discharge shall be subject to a civil penalty. The maximum civil penalty
for a violation is five thousand dollars ($5,000). If, after the allotted time period
has expired, the violator has not completed corrective action, a civil penalty may
be assessed from the date the violation is detected. However, no time period for
compliance need be given for failure to submit the Stormwatcr Management Plan
for approval or for obstructing, hampering, or interfering with an authorized
representative while in the process of carrying out his official duties. Each day of
a continuing violation shall constitute a separate violation under Section 22(A)(1).
2. Demand for Payment of Penalty
The Orange County Board of Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty. The notice of assessment shall be served by any means
authorized under Section 21 C of this Ordinance, and shall direct the violator to
either pay the assessment or contest the assessment, within 30 days after the
receipt of the notice of assessment, by written demand for a hearing.
If payment is not received within 30 days after demand for payment is made, the
County or town may institute a civil action to recover the amount of the
34

assessment. The civil action may be brought in the Superior Court of the county i
where the violation occurred, or the violator's residence or principal place of
business is located. Such civil actions must be filed within three (3) years of the
date the assessment was due. 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.
3. Use of Penalties
Civil penalties collected pursuant to this Ordinance shall be credited to the general
fund of the local government as nontax revenue.
4. Criminal Penalties
Any person who knowingly or willingly violates any provision of this Ordinance
or rule or order adopted or issued pursuant to this Ordinance, or who knowingly
or willfully initiates or continues a development activity for which a Stormwater
Management Plan is required except in accordance with the terms, conditions, and
provisions of an approved plan shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both,
at the discretion of the court.
Section 17 Injunctive Relief
A. Civil Action in Superior Court •
Whenever the governing body of the Town or County has reasonable cause to believe that any
person is violating or threatening to violate this Ordinance or any rule or order adopted or issued
pursuant to this Ordinance, or any term, condition, or provision of an approved erosion control
plan, it may, either before or after the institution of any other action or proceeding authorized by
this Ordinance, institute a civil action in the name of the town or county for injunctive relief to
restrain the violation or threatened violation. The action shall be brought in the Superior Court of
Orange County.
B. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is threatened, the court
shall enter any order or judgement that is necessary to abate the violation, to ensure that
restoration is performed, or to prevent the threatened violation. The institution of an action for
injunctive relief under this section shall not relieve any party to the proceedings from any civil or
criminal penalty prescribed for violations of this Ordinance.
Section 18 Compliance with Requirements
Any person engaged in new development activities as defined by this Ordinance who fails to file a plan in
accordance with this Ordinance, or who conducts any new development except in accordance with
provisions of an approved Stormwater Management plan shall be deemed in violation of this Ordinance.
r1
35

• Section 19 Severability
If any one or more sections or portions thereof of this Ordinance are held to be invalid or unenforceable,
all other sections and portions thereof shall nevertheless continue in full force and effect.
•
•
Section 20 Effective Date
This Ordinance will become effective upon passage by the Orange County Board of Commissioners and
the approval of the Environmental Management Commission.
Section 21 Revisions to this Ordinance
The County shall review ail the Commission's revisions to the Model Ordinance and, within 90 days of
receipt of the recommended revisions, submit draft amendments to the Commission for its consideration
and comments. Within 150 days after receipt of the Commissions' comments, the County will formally
consider proposed amendments and to the extent deemed necessary by the County, incorporate the
amendments into the Stormwater Management Ordinance.
36

Section 22 Appendix 1
Method 1 for Quantifying TN Export from Residential Developments when Building and
Driveway Footprints are Not Shown
Step 1: Determine area for each type of land use and enter in Column
(2).
Step 2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Determine the TN export coefficient associated with right-of-way using Graph 1.
Step 4: Determine the TN export coefficient associated with lots using Graph 2.
Step 5: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and
enter in Column (4).
Step 6: `Total the TN exports for each type of land use and enter at the bottom of Column (4).
•
Step 7: Determine the export coefficient for site by dividing the total TN export from uses at
the bottom of Column (4) by the total area at the bottom of Column (2). 9
(1) (2)
(3)
(4)
Type of Land Cover Area
TN export
TN export from
coeff.
use
acres
lbs/acl r
Ibs! r
Permanently protected undisturbed
0.6
open sace forest, unmown meadow
Permanently protected managed
1.2
opens ace(grass, landscaping, etc.
Right-of-way (read TN export from
Graph 1
Lots (read TN export from Graph
2
TOTAL
L�
37

•
Graph 1: Total Nitrogen Export from Right -of -Way
25.0
20.0
T
U
b
15.0 -
c
CO, 10.0 -
x
w
Z
~ 5.0
0.0
0% 20% 40% 60% 80% 100% 120%
Percentage of Right -of -Way that is Pavement
•
38

Graph 2: Total Nitrogen Export from Lots
12.00
MOO
8.00
N
VI
a
6.00
t
0
a
x
w
z
4.00
2.00
a00 .}
0
Total Nitrogen Export from Lots
2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32
Number of dwelling Units per Acre 0
0

0 Appendix 2
U
C.
Method 2 for Quantifying TN Export from Residential / Industrial / Commercial
Developments when Footprints of all Impervious Surfaces are Shown
Step 1: Determine area for each type of land use and enter in Column
(2)_
Step2: Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3: Multiply the areas in Column (2) by the TN export coefficients in Column (3) and
enter in Column (4).
Step 4: Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5: Determine the export coefficient for site by dividing the total TN export from uses at
the bottom of Column (4) by the total area at the bottom of Column (2).
(1) (2)
(3)
(4)
Type of Land Cover Area
TN export
TN export from
coeff.
use
acres
Ibslacl r
Ibsl r
Permanently protected undisturbed
0.6
open sace forest, unmown meadow
Permanently protected managed
1.2
open sace(grass, landscaping, etc.
Impervious surfaces (roads, parking
21.2
lots, driveways, roofs, paved storage
areas, etc.
TOTAL
---
The rule requires that all new developments achieve a nitrogen export of less than or equal to 3.6
pounds per acre per year. If the development contributes greater than 3.6 Ibs/ac/yr of nitrogen,
then the options shown in Table 2a are available based on whether the development is residential
or non-residential.
40

Appendix 2
Table 2a: Nitrogen Export Reduction Options
Residential
Commercial / Industrial
If the computed export is less than 6.0
If the computed export is less than 10,0
lbs/ac/yr, then the owner may either:
Ibs/ac/yr, then the owner may either:
. Install BMPs to remove enough nitrogen
I. Install BMPs to remove enough nitrogen to
to bring the development down to 3.6
bring the development down to 3.6
Ibs/ac/yr.
Ibs/ac/yr.
2. Pay a one-time offset payment to bring
2. Pay a one-time offset payment to bring the
the nitrogen down to 3.6 lbs/ac/yr.
nitrogen down to 3.6 lbs/ac/yr.
3. Do a combination of BMPs and offset
3. Do a combination of BMPs and offset
payment to achieve a 3.6 Ibs/ac/yr export.
payment to achieve a 3.6 Ibs/ac/yr export.
If the computed export is greater than 6.0
If the computed export is greater than 10.0
lbs/ac/yr, then the owner must use on -site
Ibs/ae/yr, then the owner must use on -site
BMPs to bring the development's export
BMPs to bring the development's export down
down to 6.0 lbs/ac/yr. Then, the owner may
to 10.0 lbs/ac/yr. Then, the owner may use one
use one of the three options above to achieve
of the three options above to achieve the
the reduction between 6.0 and 3.6 lbs/ac/yr.
reduction between 10.0 and
3.6 lbs/ac/yr,
The table above discusses the option of using offset fees to meet the nitrogen export
levels set for new development activities. These offset fees go to the North Carolina
Ecosystem Enhancement Program (NCEEP). The NCEEP will utilize these fees in
accordance with the Basinwide Wetlands and Riparian Restoration plans. It is the policy
of the NCEEP to utilize the funds where they are generated to the maximum extent
possible as long as they can obtain the cooperation of the local government.
Offset payment fees and calculation methods are determined by the North Carolina
Department of Environment and Natural Resources, Division of Water Quality
(NCDWQ) as approved by the North Carolina Environmental Management Commission.
The total amount of offset payment will be calculated pursuant to the current fee schedule
and calculation methods listed in section 15A NCAC 0213.0240 "Neuse River Basin —
Nutrient Sensitive Waters Management Strategy: Nutrient Offset Payments" of the North
Carolina Administrative Code (NCDWQ's "Red Book"). Please contact NCDWQ or the
Orange County Erosion Control Division staff for assistance in determining offset
payments.
Neuse Nitrogen Export Options
April, 2007
L.J
0
•

Process for Making Nitrogen Offset Payments to the North Carolina Ecosystem
Enhancement Program Through the Neuse Stormwater Rule
Back;round
In March of 2001, the Neuse Stormwater Rule (15A NCAC 02B.0235) went into effect. This
rule requires that certain local governments, based on their potential to contribute significant
nitrogen loads to the Neuse River, implement nitrogen reduction programs that include the
review and approval of Stormwater management plans for new development. The local
governments affected by this rule include: Cary, Durham, Garner, Goldsboro, Havelock,
Kinston, New Bern, Raleigh, Smithfield, Wilson; and Durham, Johnston, Orange, Wake and
Wayne Counties.
To be in compliance with this rule, new developments must comply with a nitrogen export
standard of 3.6 pounds/acre/year. - The rule also states that developers have the option of partially
offsetting their nitrogen loads by payment to the North Carolina Ecosystem Enhancement
Program's Fund at a rate specified in Rule 15A NCAC 02B.0240.
Process for Making- Payment
The following outlines the process that is in place for developers to make nitrogen offset
payments to the North Carolina Ecosystem Enhancement Fund through the Neuse Stormwater
Rule. Please note the North Carolina Ecosystem Enhancement Program (NC DENR EEP)
cannot issue a receipt until both the payment from the developer as well as a letter from the local
government are received. The letter from the local government serves as verification that the
payment from the developer is the correct amount.
I . The developer will submit plans to the appropriate local government.
2. The local government will review the plans and determine if a payment to the North Carolina
Ecosystem Enhancement Program is necessary to meet the nitrogen export requirement in the
Neuse Stormwater Rule. The local government will determine the correct amount of that
payment based on the provisions of the Neuse Stormwater Rule and the methods agreed to by
the Neuse Stormwater Team.
3. If an offset payment is required, then the local government will issue an approval letter to the
NC DENR EEP stating that the project has been reviewed and approved. The letter should
also reference the project name and the amount of the offset payment.
4. The NC DENR EEP will await payment from the developer. When payment is received, NC
DENR EEP staff will verify that the amount is the same as specified in the approval letter
from the local government. Within five working days of receipt of payment, the NC DENR
EEP will send a receipt to both the developer and local government.
5. After the developer and local government have received the receipt, the developer may begin
work on the project (provided he/she has met all other regulatory requirements).
Please note that checks should be made out to the "North Carolina Ecosystem
Enhancement Fund" and be sent to the attention of Carol Shaw, NC DENR EEP, 1619
Mail Service Center, Raleigh, NC 27699-1619. If you have questions, contact Deborah
Sawyer at 919-733-5313.
C�

Appendix 3
A. Engineer's Certification(s)
I.
2, Engineer's Certification of Stormwater Management
The engineering certification required on Stormwater Management Plans and construction plan
drawings shall be of the following form:
Engineer's Certification of Stormwater Management
I certify that this plan will meet the Nitrogen Export Reduction, and Peak Runoff Volume
requirements as set forth by the Orange County Stormwater Management Ordinance, and that the
permanent Nitrogen Reduction BMP's shown on this plan meet or exceed the guidelines in the
Orange County Design Manual.
P.E. SEAL:
SIGNATURE:
DATE:
3. Engineer's Certification of Completion
The engineering certification required upon completion of permanent Nitrogen Reduction BMP's
shall be of the following form:
Engineer's Certification of Completion
I certify that the permanent Nitrogen Reduction BMP for (name of plat) as recorded in the
PB , PG in the Office of the Orange County Register of Deeds has been completed
in conformance with the approved plans and specifications dated (approval date).
P.E. SEAL:
SIGNATURE:
DATE:
IYj-
0
•
0

40 Appendix 4
Sample Maintenance Agreement
STORMWATER MANAGEMENT/BMP FACILITIES AGREEMENT
Orange County Planning and Inspections Department
Orange County, NC
THIS AGRITI"MINT, made and entered into this _ day of , 19 , by and
between (Insert Full Name of Owner)
hereinafter called the "Landowner",
and the Board of Supervisors of Orange County, North Carolina, hereinafter called the
"County". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property
described as (Orange County tax Map/Parcel Identification Ntunbcr)
as recorded by deed in the land records of Orange County, North Carolina, Deed Book
Page , hereinafter called the "Property". WHEREAS, the Landowner is
proceeding to build on and develop the property; and WHEREAS, the Site Plan/Subdivision Plan
known as , (Name of Plan/Development)hereinafter
• called the "Plan", which is expressly made a part hereof, as approved or to be approved by the
County, provides for detention of stormwater within the confines of the property; and
WHE-REAS, the County and the Landowner, its successors and assigns, including any
homeowners association, agree that the health,
safety, and welfare of the residents of Orange County, North Carolina, require that on -site
stormwater management/BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the County requires that on -site stormwater management/BMI" facilities as shown
on the Plan be constructed and adequately
maintained by the Landowner, its successors and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and
conditions, the parties hereto agree as follows:
1. The on -site stormwater management/BMP facilities shall be constructed by the Landowner,
its successors and assigns, in accordance with the plans and specifications identified in the
Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall
adequately maintain the stormwater management/BMP facilities. This includes all pipes and
49 channels built to convey stormwater to the facility, as well as all structures, improvements,
43

and vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as good working condition so that these facilities are
performing their design functions. The Annual Inspection Report form dated 6/2/92 (or latest
date form available) is to be used to establish what
good working condition is acceptable to the County.
3. The Landowner, its successors and assigns, shall inspect the stormwater management/BMP
facility and submit an inspection report annually. The purpose of the inspection is to assure
safe and proper functioning of the facilities. The
inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads,
etc. Deficiencies shall be noted in the inspection report.
4. The Landowner, its successors and assigns, hereby grant permission to the County, its
authorized agents and employees to enter upon the Property and to inspect the stormwater
management/BMP facilities whenever the County deems
necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to
respond to citizen complaints. The County shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the repairs if
necessary.
5. In the event the Landowner, its successors and assigns, fails to maintain the stonmwater
management/BMP facilities in good working condition acceptable to the County, the County
may enter upon the Property and take whatever steps
necessary to correct deficiencies identified in the inspection report and to charge the costs of ,
such repairs to the Landowner, its successors and assigns. This provision shall not be
construed to allow the County to erect any structure of permanent
nature on the land of the Landowner outside of the easement for the stormwater
management/BMP facilities. It is expressly understood and agreed that the County is under no
obligation to routinely maintain or repair said facilities, and in no event
shall this Agreement be construed to impose any such obligation on the County.
6. The Landowner, its successors and assigns, wili perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for the
stormwater management/BMP facilities (including sediment
removal) is outlined on the approved plans, the schedule will be followed.
7. In the event the County pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the Landowner, its successors and assigns, shall
reimburse the County upon demand, within thirty (30) days of receipt thereof for all actual
costs incurred by the County hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the County and the
Landowner agrees to hold the County harmless from any liability in the event the stormwater
management/BMP facilities fail to operate properly.
•
44

9. This Agreement shall be recorded among the land records of Orange County, North
Carolina, and shall constitute a covenant running with the land, and shall be binding on the
Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any homeowners association.
WITNESS the following signatures and seals:
Company/Corporation/Partnership Name (Seal)
By:
(Type Name)
i (Type Title)
STATE OF
COUNTY OF
The foregoing Agreement was acknowledged before me this day of , 20_, by
NOTARY PUBLIC
My Commission Expires:
COUNTY OF ORANGE, NOWITI CAROLINA
By:
45

(Type Name)
(Type Title)
STATE OF
COUNTY OF
Approved as to Forrn:
County Attorney
Date
46
•
r�
•

Appendix 5
Sample Letter to Inform Owners and Operators about the requirements of the Illegal Discharge
Program
This letter will be modified as needed to address commercial, industrial, and residential
discharges.
•
•
47

•
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
tp4n[2 01 Ol
Administration ; m 306F Revere Road
[phone] P O Box 8181
[phone] (FAX) Hillsborough,
www.co.orange.nc.us North Carolina, 27278
M
DATE
Mr. John Doe
Business Name
123 Anywhere St
Efland, NC 27243
Re: Implementation of the Orange County Stormwater Ordinance
Dear Mr. Doe:
•
The Orange County Planning and Inspections Department has implemented a Stormwater
Program for all lands in the County that are within the Neuse River Basin in order to satisfy
requirements of the State and to protect and improve water quality within these areas. Included
within this Program is an Ordinance which prohibits illegal discharges into the County's
stormwater system [any conduit, pipe, channel, curb, or gutter for the primary purpose of
transporting (not treating)run-ofq. Illegal discharges include but are not limited to pollutants or
waters containing any pollutants that cause or contribute to a violation of applicable water
quality standards, other than stormwater. Exceptions to this are listed below, provided that they
do not significantly impact water quality:
(A) Waterline flushing,
(B) Landscape irrigation,
(C) Diverted stream flows,
(D) Uncontaminated rising groundwater,
(E) Uncontaminated groundwater infiltration to the stormwater collection system,
(F) Uncontaminated pumped groundwater,
(G) Discharges from potable water sources,
(H) Foundation drains,
(I) Uncontaminated air conditioning condensation,
(J) Irrigation water,
(K) Springs,
48

0 (L) Water from crawl space pumps,
(M)
footing drains,
(N)
Lawn watering,
(0)
Non-commercial car washing,
(P)
Flows from riparian habitats and wetlands,
(Q)
NPDES permitted discharges,
(R)
Street wash water,
(S)
Fire fighting emergency activities,
(T)
Wash water from the cleaning of buildings,
(U)
Dechlorinated backwash and draining associated with swimming pools, and
(V)
Flows from firefighting.
(W)
Discharges specified in writing by the County as being necessary to public health and
safety.
(X)
Dyc testing is an allowable discharge, but requires verbal notification to the County
prior to the time of the test.
(Y)
Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, provided that the discharger is in Dull
compliance with all requirements of the permit, waiver, or waste discharge order and
other applicable laws and regulations, and provided that written approval has been
granted for any discharge to the stormwater collection system.
a) Non -allowable discharges include but are not limited to dumping of
oil, anti -freeze, chemicals, garbage, paint or cleaning fluids, untreated
animal waste, commercial car washes, and industrial discharges.
0
(1)
(2) Orange County Planning and Inspections staff will be working
with businesses within the community that are affected by these
Ordinance requirements in the coming months.
(3)
(4) Please feel free to call our office at [phone] with any
questions you may have or for a complete copy of our ordinance.
(5)
(6) Thank you for your cooperation.
(7)
(8) Sincerely,
(9)
(10)
(1 1) Craig Benedict, AICP, Planning Director
M•

• Town of Hillsborough
Stormwater/Water Quality Related Polices, Practices and Regulations
Prepared by the Town of Hillsborough Planning Department
1. Natural Resource Protection
a. The Town's Flood Damage Prevention prohibits new development, with the
exception of public parks and utility facilities, in the 100-year floodplain and the
floodway. Even the limited development allowed must be designed to minimize
flood damage.
b. The Town's Subdivision Regulations contain the following requirements:
• The Planning Board is to consider the overall design of a subdivision in
light of the land's suitability for development. Suitability is to be
determined by investigating the following conditions: flood prone areas,
wetlands, soil drainage, drainage patterns, slope, historic sites, and unique
natural areas.
• 50-foot wide stream buffers are required along both sides of water features
in areas designated for water supply watershed protection.
• The Regulations contain a process allowing reductions in lot sizes and
clustering of lots in order to preserve floodplains, steep slopes and other
unique natural features present on a development site.
• Requirement that developers of major subdivisions (more than 4 lots)
dedicate common open space as part of the development. The goal is to
preserve significant natural features and cultural resources.
c. The Town's Zoning Ordinance contains the following requirements:
• 50-foot wide stream buffers along both sides of water features located
within the Town's planning jurisdiction, provided said streams are
indicated on a USGS map, soil survey or identified in the field.
• Watershed protection standards for areas identified as Water Supply
Watershed Protection areas. The requirements mandate maximum
impervious surface limits allowed on individual lots, more stringent
stream buffer widths than those found elsewhere in the Town's
Ordinances, as well as additional building and septic system setbacks from
perennial and intermittent streams and water impoundments areas.
Clustering of lots to preserve open space for watershed protection is also
allowed.
• Performance standards related to the review and approval of Special Use
Permits. One of the standards relates to the preservation of the site's
natural state. Specifically, as part of the development process, desirable
vegetation or other unique natural features are to be preserved in their
natural state when practical.
40

d. The Town's adopted Vision 2010 Plan (1991, amended 2000) contains the
following goals, objectives and recommendations:
• Maintain and improve Hillsborough's natural and historic resources by
creating a preservation plan identifying open spaces and other areas for
protection; contacting owners of significant tracts of land to inform them
of the financial benefits of dedications and conservation easements, and
the use of tax incentives and public acquisition of land.
• Development and adoption of regulations restricting development of
sensitive lands.
• Conduct full environmental impact reviews for all proposed new
developments.
• Strengthen the floodplain ordinance to go beyond the minimum
requirements and prohibit development within floodplains.
e. The Town has and continues to purchase land along the Eno River for use as a
greenway (River -walk).
f. The Town constructed a large community park adjacent to the Eno River (Gold
Park) in 2008/2009.
2. Open Space Protection
a. The Town currently contains approximately 916 acres of dedicated open space
consisting of existing parks, lands dedicated through land subdivision process,
and Town -owned greenway land. 0
b. The Town's Subdivision Regulations contain the following requirements:
• Developers of major subdivision developments (more than 4 lots) must
dedicate common open space as part of the development.
c. The Town's adopted Vision 2010 Plan (1991, amended 2000) contains the
following goals, objectives and recommendations:
• Preserve and maintain current open spaces created by a mixture of lot
sizes.
• Maintain and improve Hillsborough's natural and historic resources.
• Create a preservation plan identifying open spaces and other areas for
protection.
• Contact owners of significant tracts of land to inform them of the financial
benefits of dedications and conservation easements.
• Use of tax incentives and public acquisition of land
• Town purchase of vacant lots in existing neighborhoods for use as small
neighborhood parks.
d. The Town has and continues to purchase land along the Eno River for use as a
greenway (Riverwalk).
0

e. The Town constructed a large community park adjacent to the Eno River (Gold
Park) in 2008/2009.
3. Tree Preservation
a. The Town's Subdivision Regulations contain the following requirements:
• Protection of exiting vegetation on lots to be created through the major
subdivision (more than 4 lots) by designating Primary and Secondary 'free
Preservation areas on individual lots. Use of existing vegetation to meet
this requirement is encouraged under the Regulations.
• Planting of street trees in major subdivisions (more than 4 lots).
• Planted land use buffers of various widths in areas where existing
vegetation will not satisfy the buffer requirement. Use of existing
vegetation for buffers is encouraged under the Regulations.
b. The Town's Zoning Ordinance contains the following requirements:
• Screening between incompatible land uses. All screening types include
planting of trees. Use of existing vegetation for screening is encouraged
under the Ordinance.
• Parking lots with more than 10 spaces must include interior shaded
landscaped islands.
• Performance standards related to the review and approval of Special Use
Permits. One of these standards relates to the preservation of the site's
natural state. Specifically, one requirement for the review is that an
Environmental Protection Plan be submitted that includes the locations of
all existing trees 12 inches or more in diameter as measured 4 feet from
ground level.
c. The Town's Historic District Design Guidelines applicable in the Town's Flistoric
District Overlay zoning district contain provisions for the protection of existing
trees on individual sites. Specifically, trees 12 inches in diameter measured 4 feet
above ground level cannot be removed without approval of the Historic District
Commission unless proof is submitted that the tree is diseased or damaged in
some manner so that it will not survive. Staff approval may be given for the
removal of smaller trees.
d. The Town Code of Ordinances established a Tree Board. This board oversees the
planting, removal, and/or pruning of trees located within the public right-of-way
(street trees) and on publicly owned properties (parks and town facilities).
d. The Town's adopted Churton Street Corridor Strategic Plan (2006) and US
70/Corneilus Street Corridor Strategic Plan (2007) both recommend that street
trees and planted medians be planted as part of corridor improvements.
e. The Town's adopted Vision 2010 Plan (1991, amended 2000) recommends the
Town enhance and expand its Tree board and that it inventory significant trees.

4. Redevelopment •
a. The Town's Zoning Ordinance requires sites undergoing redevelopment to meet
current zoning standards to the maximum extent feasible. This includes
landscaping, buffering, and stormwater management requirements.
b. The Town's adopted Vision 2010 Plan (1991, amended 2000) recommends the
Town require retrofitting and full compliance as part of expansions or
redevelopment.
5. Development in Areas with Existing Infrastructure
a. The Town's adopted Vision 2010 Plan (1991, amended 2000) recommends the
Town:
• Investigate the implementation of an urban growth boundary. The Town
has finalized a plan to do this.
• Limit the approval of utility extension agreements to control the location
and timing of development.
b. Mixed -use Development
a. The Town's Zoning Ordinance contains the following provisions for mixed -use
development:
• Entranceway Special Use District allowing for the development of
projects with a mixture of office, commercial and employment uses along
primary entrances into Town. Residential uses are also permitted when
part of a planned/mixed-use development.
• Combination Uses (the combination of two or more principal uses on one
lot) are permitted in certain zoning districts.
7. Street Design
a. The Town's Subdivision Regulations currently defer to the NCDOT Subdivision
Road standards. The Town does allow private gravel streets that serve 3 or fewer
lots. The narrowest street right-of-way width allowed is 50 feet.
b. The Town's adopted Vision 2010 Plan (1991, amended 2000) recommends the
Town allow flexibility in street widths.
8. Green Infrastructure Elements and Street Design
• The Town's current land use regulations do not contain green infrastructure
elements. The Town is currently in the process of writing a UDO (Unified
Development Ordinance) and may consider adopting such design elements.
9. Reduced Parking Requirements 0

a. The Town's Zoning Ordinance allows for the use of shared -parking facilities
between uses when the individual uses operate at different hours.
10. Transportation Demand Management Alternatives:
a. The Town does not currently offer incentives or payment in -lieu to allow a
reduction in parking.
11. Minimizing Stormwater from Parking Lots:
a. The Town's Zoning Ordinance contains the following requirements:
• Screening of parking lots from streets and adjacent residential areas.
Screening types include planting of trees. Use of existing vegetation for
screening is encouraged under the Ordinance.
• Parking lots with more than 10 spaces must include interior shaded
landscaped islands.
12. Green Infrastructure Practices
a. The Town's current land use regulations do not discourage the use of green
infrastructure as long as it meets the Town's stormwater requirements as found in
the Zoning Ordinance and Subdivision Regulations. The 'Town is currently in the
process of writing a UDO (Unified Development Ordinance) and may consider
codifying specific practices as formally being acceptable.
b. The Town requires preliminary approval of stormwater plans as part of the site
plan and subdivision review process. Many applications must be reviewed by the
Town's Technical Review Committee before the plans are formally reviewed by
an approval body. Stormwater issues are normally identified at this stage in the
process.
c. The Town generally has no regulations regarding the use of rain barrels, etc. for
rainwater harvesting. However, the use of rain barrels and other above -ground
rain catching devices may require approval from the Town's Historic District
Commission if the property is located in the Historic District Overlay zoning
district.
13. Maintenance/Enforcement
a. The Town has begun requiring operation and maintenance plans for stormwater
control devices to be recorded with the Register of Deeds Office to ensure
perpetual maintenance of stormwater facilities.
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