NCS000564_OTHER_20130312

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
ffc 0
DOC TYPE
[I FINAL PERMIT
❑ ANNUAL REPORT
❑ APPLICATION
❑ COMPLIANCE
J�HER
DOCDATE
❑ ����'j l0�'
YYYYMMDD

I• I. ' I I. �' j j ` I
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CS S-31
4FINANCIAL RESPONSIBILITY/OWNERSHIP FORM ���� _ i ����--J?
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act,before: this
form and an acceptable erosion and sedimentation control plan have been completed aFlTd'approved'by"the-'-'
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. Project Name Multi -Purpose Field Mass Grading Plan
2. Location of land -disturbing activity: County Wake City or Township Wendell
Highway/Street 601 West Third Street Latitude 35046'53.5116" Longitude-78022'53.2992"
3. Approximate date land -disturbing activity will commence: May 2013
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Municipal Park
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 6.83 acres
6. Amount of fee enclosed: $ $ 455.00 . The application -fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity.
Name Jarrod B. Edens, P.E. - Edens Land Corp E-mail [e-mail]
Telephone [phone] Cell # 919-208-1556 Fax # nla
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Town of Wendell 919-365-4444 nla
Name Telephone Fax Number
15 E. Fourth Street 601 W. Third Street
Current Mailing Address Current Street Address
Wendell NC 27591 Wendell , NC 27591
City State Zip City State Zip
10, Deed Book No. 2005 Page No. 0263 Provide a copy of the most current deed.
Part B. p ��� 11 �
1. Persons or firms who are financial) responsible for the land=disturbin tivit Provide a DD
() () Y p Y (
comprehensive list of all responsible parties on an attached sheet): I 1A A R t 2d 2013
Parks & Recreation bwagstaff@townofwe, d Il.corn
Name E-mail Address -�
Wa lands ;
15 E. Fourth Street 601 W. Third Street
Current Mailing Address Current Street Address
Wendell NC 27591 Wendell NC 27591
City State Zip City State Zip
Telephone [phone] Fax Number 919-366-1462

2012
N OV 2 11--
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM' -
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. ProjectlVameThird Street Park Baseball Field Mass Gra g Plan
2. Location of land -disturbing activity: County Wake City or ToL__�endell(
Highway/Street 601 West Third Street Latitude 35046'53.5116" Long0223.23. Approximate date land -disturbing activity will commence: November 2
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Municipal Park
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 3.91
6. Amount of fee enclosed: $ $65 ($195 previously paid) The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Jarrod B. Edens, P,E, - Edens Land Corp E-mail Address [e-mail]
Telephone [phone] ., Cell # 919-208-1556 Fax # nla
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Town of Wendell 919-365-4444 nla
-Name Telephone Fax Number
15 E. Fourth Street 601 W. Third Street
10
Current Mailing Address Current Street Address
Wendell NC 27591 Wendell NC 27591
City State Zip City
Deed Book No. 2005 Page No 0263
Part B.
State
Zip
Provide a copy of the most current deed.
1. Person(s) or firm(s) who are financially responsible for the land' -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Parks & Recreation [e-mail]
Name E-mail Address
15 E. Fourth Street 601 W. Third Street
Current Mailing Address Current Street Address
Wendell NC 27591 Wendell NC 27591
City State Zip City State Zip
Telephone [phone] Fax Number 919-366-1462
!�_, Z;.�g�5
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/\�LSo1JaSU dr
TLAIN 11Z. 13, Z'0 (-7,
►";Ke- -1Zo.wdc.
Mr. �
NC DEXNR Division of Water Quality
Stormwater & General Permit Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Phase 11 Stormwater Program
Permit Application and Stormwater Management Program Report
Dear Mr. Smith:
Please find the Town of Wendell's completed NPDES Stormwater Permit Application (Form
SWU-264) and Comprehensive Stormwater Management Program Report (Three copies in
accordance with SWU-268) enclosed. These documents are submitted in accordance with your
request dated February 9, 2010.
If you have any questions regarding this submittal, please contact me at 919-365-3616.
Sincerely,
Alton Bryant
Public Works Director
Town of Wendell
15 E Fourth Street
Wendell, NC 27591

- --v- - --
NC Oepartmont of Envfronment and Natural Resources
Water Quality- Stormwater Permit Fees
Surface Water
• Point -Source
Wetlands and Stormwater
• wetlands, Buffers,
Stormwater Compliance fi
Permitting
• Stormwater Permitting
• FAQ
• Fees
• Staff Contacts
• Public Notices
• News and Updates
• Construction
Stormwater
- NPDES Stormwater
• State Stormwater
t3MP Manua(
• Presentations
• Phase II
Designations
• G1S Info &
Interactive Map
• Neuse NSW SW
Program
• Universal SW
Program
• Rules and
Regulations
• Transportation Permitting
• Program Development
• Water Supply Watershed
Protection
• Outreach, Education &
Training
Permit Fees t'+�
y°r
On July 31, 2007, the North CaroUna General Assembly put into effect a new budget that translated into a 20% increase
to most fees associated with Division of Water Quality permit renewals, permit modificatiDns, certifications, and
project fees. The change did not affect SOC fees. Express permitting fees for non discharge permits may be changed
at a later date. DWQ began processing applications with now foe amounts on September 1, 2007,
Activity
(Category A) See Notes 1,2
Major Individual NPDES Permits
New Permit Application Fee I
Annual Fee
$3,440
Major Modification Fee
See Note 3
51030
Minor individual NPDES Permits
SB60
SZ60
Single-family Residences NPDES
$60
$20
Stormwater and wastewater
Discharge General Permits NPDES
S100
Not Applicable
Recycle Systems
$360
$110
Animal Permits(Small Operations)
$60
Not Applicable
Animal Permits (Medium Operations)
$IN
Not Applicable
Animal Permits (Large Operations)
$360
Not Applicable
Nondischarge Major Permits
$1,310
$395
Nondischa(ge Minor Permits
$810
$245
Activity
(category 6) See Note 1
Special Order by Consent - Major
Additional Annual Fee
See Note 4
$500
Project Fee
See Note 4
S40D
Special Order by Consent - Minor
$400
$250
Activity
(Category C) See Note 1
Sewer Extensions
Project Fee
See Note 5
$480
Water Quality Certifications - Major
$570
Water Quality Certifications • Minor
$240
Petroleum Contaminated Soils
$480
State Stormwater (•Po3t-COnStruttI0n- Stormwater):
Regular - New App. & Mod. (H & L)
$505
Regular - Plan Revision
No fee
Regular - Redevelopment Exclusion
No fee
Express • New App. ra Major Mod. (L)
$2,000
Express • New App, Fs Major Mod. (H)
$4,000
Express - Minor Mod. (L)
$1,000
Express - Minor Mod. (H)
$2,000
Express- Offsite (H)
$2,000
Express - General
$1,p00
http://portal.nedenr.org/web/wq/ws/su/fees 6/13/2012

CT Ploolls ono0 ;M7
-`RQCT 42) 261Dot 130CCO 3tq t
STATE OF NORTH CAROLINA
COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF WENDELL AND WAKE COUNTY
REGARDING ADMINISTRATION OF WENDELL'S
STORMWATER ORDINANCE AND EROSION AND
SEDIMENTATION CONTROL ORDINANCE
This Interlocal Agreement (the "Agreement"), entered into this the day of
_, 2009, by and between the TOWN OF WENDELL, NORTH CAROLINA,
being a municipal corporation and public body politic of the State of North Carolina
(hereinafter "Wendell") and WAKE COUNTY, NORTH CAROLINA, a public body
politic and corporate of the State of North Carolina (hereinafter "Wake"); collectively
referred to herein as "the Parties",
WITNESSETH:
WHEREAS, Wake in collaboration with its municipalities often forms citizen
task forces to study and make recommendations on critical issues; and
WHEREAS, on February 17, 2006 Wake and its municipalities convened
such a task force to study and make recommendations on stormwater
management; and
WHEREAS, on November 19, 2007 the task force presented to Wake
Commissioners its recommendations including a five year implementation plan;
and
WHEREAS, the County Commissioners appropriated funds to implement the
plan's first -year recommendations and directed staff to work with interested
municipalities to pursue implementation; and
WHEREAS, a key recommendation indicated that municipalities without
stormwater ordinances should: (1) draft and adopt a common stormwater
ordinance and (2) consider an interlocal agreement for Wake to administer the
ordinance; and,
WHEREAS, Wendell has worked with neighboring municipalities, diverse
business and citizen interests, County staff, State regulators, and others to draft
a stormwater ordinance to be County administered within Wendell's corporate
limits and extraterritorial jurisdiction; and
WHEREAS, Wake and Wendell recognize benefits to this agreement
including establishing across jurisdictions greater consistency in requirements
and review procedures for managing stormwater impacts including flooding,
Page 1 of 7

WAKE COUNTY Env. ;�>rves
CONTRACT REQUISITION FORC (0 Py
RQCT Number: RQCT 42 2010011300003191 1
Vendor: TOWN OF WENDELL
% TIMOTHY C BURGESS - TOWN MANAGER
PO BOX 828
WENDELL NC 27591-0828
TOWN OF WENDELL
[phone]
Department:
Contract Amount: $0.00
Procurement Folder:
Year these services will be
competed next: NOT APPL
Year these services were
Requestor: Becky Smith last competed: NOT APPL
Phone Number: 919-856-7316
Contract Description:
Interlocal Agreement with Town of Wendell and Wake Co
Regarding administration of Wendell's Stormwater and Erosion/Sedimentation Control Ordinances
LINE NO ACCT TEMP OBJECT AMOUNT BUDGET FY SVC START DATE SVC END DATE
1 42E101. 2406 $0.00 2010-01-13 2018-06-30
Commodity Line Extended Description:
Interlocel Agreement with Town of Wendell regarding administration of Storrnwater and Erosion/ Sedimentation
Control Ordinances

sedimentation and erosion control, water pollution, and degradation of aquatic
habitat: and,
WHEREAS, Wake has long administered for Wendell an erosion and
sedimentation control ordinance without benefit of a formal interlocal agreement
and both parties desire that this agreement incorporate administration of erosion
and sedimentation control and stormwater ordinances into one document; and,
WHEREAS, both parties believe that Wake should continue to administer in
Wendell's jurisdiction the current erosion and sedimentation control ordinance
that is the same as that administered in Wake's jurisdiction: and that Wake
should administer in Wendell's jurisdiction the current stormwater ordinance that
is similar to that administered in the Wake's jurisdiction; and that consistency of
the Wendell and Wake ordinances is fundamental to Wake's ability to administer
the ordinances with efficiency and practicality; and,
WHEREAS, the parties pursuant to the authority of Chapter 160AA61 of seq.
of the North Carolina General Statutes are authorized to enter into this interlocal
agreement in order to pursue the above stated goals.
NOW THEREFORE, for and in consideration of the premises and covenants
contained in the Agreement and the mutual benefits derived therefrom, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
Purpose, Rotes, & Responsibilities
1.01. Purpose: This Agreement shall define the terms under which the
County shall administer and enforce the Wendell stormwater management
ordinance and the Wendell erosion and sedimentation control ordinance.
1.02. Roles and Responsibilities of the Parties: From the "Effective
Date" of this Agreement (See Section 3.08)
A. Wake shall:
1. Provide, at its sole expense, the personnel, equipment,
space, and resources needed to administer the
Ordinances.
2. Administer the Ordinances, including establishing and
assigning all duties of Wake employees necessary to
administer the Ordinances, and do so in a way that
assures a common level of service for Wendell and
County.
3. Collect development and administrative fees from
developers applying for stormwater management or
erosion and sedimentation control approval within
Wendell's jurisdiction. Such fees shall be assessed in
accordance with the then current fee schedule adopted
Page 2 of 7

by the Wake County Board of Commissioners and shah
be retained by Wake to pay for the costs of personnel,
equipment, space, and resources needed to administer
the Ordinances.
4. Assess and collect in their discretion any civil penalties
authorized by the Wendell Ordinances. Any penalties
collected shah be retained by Wake.
5. Communicate regularly with Wendell to foster efficient
and effective administrative processes.
6. Determine if Wendell's ordinances meet the requirements
set forth in (B)1 hereunder for the purpose of Wake's
continued administration and enforcement of Wendell's
Ordinances under the terms of this Agreement.
B. Wendell shall:
1. Enact and abide by an Erosion and Sedimentation
Control Ordinance similar in content and form to the
Wake County Erosion and Sedimentation Control
Ordinance in its current form and as it may be amended
from time to time; and enact and abide by a Stormwater
Management Ordinance similar in content and form to
the Wake County Stormwater Management Ordinance in
its current form and as it may be amended from time to
time.
2. Abide by and perform any functions that may be required
by the Stormwater Management Ordinance and
Sedimentation and Erosion Control Ordinance as
adopted except as otherwise delegated in this
Agreement. Specifically, Wendell shall be responsible for
administering the variance procedure dictated by the
Ordinances including granting or denying petitions
thereunder; and administering the appeal procedure
through their Appeal Board, including deciding any
appeals thereunder.
3. Consider in accordance with legal process any future
amendments necessary to keep the Ordinances up to
date. Wendell is required to notify Wake's Stormwater
Ordinance Administrator in writing of any proposed or
approved amendments to the Erosion and Sedimentation
Control Ordinance and/or the Stormwater Management
Ordinance as soon as practicable but in no event later
than ten (10) business days from the date such item
appears on the Commissioners' agenda.
4. Communicate regularly with Wake to foster efficient and
effective administrative processes.
Page 3 of 7

b. Nothing herein regarding the creation of same or similar
ordinances shall be construed to divest Wendell of the
discretion and powers of its governing bodies; rather this
Interiocal Agreement defines the terms under which
Wake's administration and enforcement of Wendell's
Ordinances shall be practical and efficient.
ARTICLE II
Term
2.01. The term of this Agreement shall be for the period from the date of
the last signature hereto through June 30, 2018. Thereafter, this
Agreement may be renewed by the parties as set forth herein.
2.02. The parties may renew this Agreement for successive periods of
ten (10) years by the written consent of both parties executed with
the same formality herein,
2.03. Appropriations for the purposes established herein shall be
established through the nonnai budget and appropriations
processes of Wake. Failure of the governing body to adopt the
budget ordinance or any capital project funding related to provision
of services hereunder prior to the commencement of a new fiscal
year shall result in termination of this agreement upon thirty (30)
days' notice provided that Wake has first given notice to the Town
at the same time that the subject of non -appropriation is to be
discussed at any County manager's meeting, or County Board of
Commissioners' meeting . In the event of termination under this
Section, Wake will fully cooperate with the Town to ensure the
effective transition of administrative responsibilities back to the
Town.
2.04. in the event that the Town seeks to amend or revise its Erosion and
Sedimentation Control Ordinance, then the Town will notify Wake at
the same time that the subject of such amendment is to be
discussed at any Town manager's meeting,or Town Board of
Commissioners' meeting. In the event that Wake in its sole
discretion determines that the Wendell Ordinances no longer
conform with Section 1.02 (B)II, herein, and determines that as a
result, administration and enforcement of the Wendell Ordinances
is no longer feasible, then Wake may terminate this Agreement
within one hundred eighty (180) days by giving notice as prescribed
by Section 2.05 hereunder, notwithstanding that the shorter time
provision shall apply.
2.06. Wake and Wendell shall each have the right to withdraw from this
Agreement in its entirety for any reason upon giving two hundred
forty (240) days' notice to the other party in writing and delivered to
the other party as follows:
Page 4of7

For the County: Mr. Britt Stoddard
Wake County Government
336 Fayetteville Street
Raleigh, N.C. 27602
For Wendell: Ms. Jonnie Driver, Town Clerk
15 E. Fourth Street
Post Office Box 828
Wendell, North Carolina 27591-0828
The -roles and responsibilities of each party shall terminate 240
days after notice is given by withdrawing party in accordance with
this Agreement unless otherwise agreed by the written consent of
the parties executed with the same formality as the foregoing
document. Furthermore, such right to withdraw and terminate may
be Invoked as to either the Erosion and Sedimentation Control
Ordinance or the Stormwater Management Ordinance without
withdrawing from or terminating this Agreement as to the other
ordinance.
ARTICLE III
Miscellaneous
3.01. Governing Law: The Parties agree that North Carolina law shall
govern this Agreement.
3.02. Severabillty: If any provision of this Agreement shall be
determined to be unenforceable by a court of competent jurisdiction, such
determination will not affect any other provision of this Agreement.
3.03. Entire Agreement, Amendments: This Agreement constitutes the
entire Agreement between the Parties. This Agreement shall not be modified or
amended except in a writing signed by all the Parties and executed with the
same formality as the foregoing document.
3.04. Liability of Officers and Agents: No officer, agent or employee of
any Party shall be subject to any personal liability by reason of the execution of
this Agreement or any other documents related to the transactions contemplated
hereby. Such officers, agents, or employees shall be deemed to execute this
Agreement in their official capacities only, and not in their individual capacities.
Except as delegated by the terms of this Agreement, this section shall not relieve
any such officer, agent or employee from the performance of any official duty
provided by law.
Page 6 of 7

3.05. Counterparts: This Agreement may be executed in several
counterparts, each of which shall be an original. Alternately, each Party may
execute an original of this Agreement and all individually executed originals shall
constitute a single lnterlocal Agreement.
3.06. Assignment: No Party shall sell, transfer, assign, or subcontract
any interest in or obligation under this Agreement without the prior written
consent of all of the Parties.
3.07. No Creation of Agency: Wake and Wendell agree that nothing
herein shalt be construed to create an agency relationship between Wake and
Wendell or to mandate purchase of insurance by Wake pursuant to N.C.G.S.
153A-435; or to waive Wake's defense of govemmental immunity from any cause
of action alleged or brought by others against Wake for any reason if otherwise
available as a matter of law.
3.08. Effective Date of Agreement: The effective date of this
Agreement shall be the date upon which the Wake County Manager executes
this agreement and the Wake County Clerk attests to such execution. This date
shall be reflected in the first paragraph of this Interlocal Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in their corporate names by their duly authorized officers, all as of the
date first above written.
TOWN OF WENDELL, NORTH
This instrument is approved as to form and
CAROLINA
legal sufficiency.
r�
'
By.
J. arold Broadwell, 11, Mayor
Wsauley, III, Town Atto
ATTEST: (SEAL]
By:
de a�
nie S. Driver, wn Clerk
Page 6 of 7

WAKE COUNTY, NORTH CAR Li A
This instrument is approved as to form and
By:
legal suffic' cy.
-
o oun y M ger
Sc�SIEt W. Warren, County Attorney
ATTEST: (SEAL] Q�i
air
• �-+�
T
Usan BanWal Countv Clerk p
�1
M
NO FUNDS VV`:': + :: �x��•::�� U
FOR THIS CONTRAcl AT TI-H+S D VFF
DATE, - t�
SIGN
Page 7 of 7

i
Chapter b. ENVIRONMENTAL PROTECTION
6.1 Purpose and Intent
A primary and fundamental element of this Ordinance is the protection of our
existing environmental resources including floodplains and other stream corridors,
wetlands, watersheds and groundwater recharge areas, soils, forest stands, specimen
trees and other significant vegetation and wildlife. These elements are of economic
value to the Town and make it a desirable place to live and visit.
6.2 Land Suitability.
Land subject to flood hazard, improper drainage, erosion or that is for topographical
or other reasons unsuitable for development as determined by the Town of Wendell,
shall not be platted or developed for"residential use nor for any other uses that will
continue or increase the danger to health, safety, or property unless the hazards can be
and are corrected.
A. Demolition Landfill Development
Areas that have been used for the disposal of solid waste shall not be subdivided
into commercial or residential building sites. This includes areas that have been
used for the disposal of trash, demolition waste, construction debris, stumps,
and other waste materials.
6.3 Sedimentation and Erosion Control
In order to prevent soil erosion and sedimentation pollution, the developer shall
comply with all requirements of the North Carolina Sedimentation Pollution Control
Act of 1973, as amended.
A Sedimentation and Erosion Control Plan approved by Wake County
Environmental Services (or other agencies having jurisdiction) shall be in place prior
to any land disturbing activity.
6.4 Pre -Development Site Grading
Pre -development site grading may commence only with a permit issued in accordance
with the provisions of Section 6.5, Stormwater Runoff Provisions. Predevelop ment
site grading, for the purpose of this ordinance, is any land disturbing activity of 1 acre
or more that is not regulated by a site plan previously approved by the Board of
Commissioners.
UNIFIED DEVELOPMENT ORDINANCE
TOWN OF WENDELL, NC ADOPTED 7.26.10 1 b-1

ENVIRONMENTAL PROTECTION
The grading may be considered a "low impact" or "high impact" activity based on the
table below. If one or more of the high impact activities exist, the grading is
considered high impact.
ImpactLow ..
1. Land disturbing activity is more than 1. Land disturbing activity is 100 feet or
100 feet from a residential district, less from a residential district.
2. Land disturbing activity will not
2. Land disturbing activity will intrude
intrude into either the Street Yard
into either the Street Yard area or the
landscaping area or Planting Yard
Planting Yard landscaping area (see
landscaping area (see Chapter 8, Tree
Chapter 8, Tree Protection and
Protection and Landscaping)
Landscaping)
3. The steepness of the proposed slope at
3. The steepness of the proposed slope at
clearing limit is 3:1 (horizontal: vertical)
clearing limit is greater (steeper) than 3:1
or flatter.
horizontal: vertical
4. The height of the proposed grade
4. The height of the proposed grade
change (cut or fill) is less than or equal to
change is greater than 3 feet.
3 feet.
6.5 Stormwater Runoff Provisions: Post -Construction Stormwater
Ordinance
A. Title
This section and related sections shall officially be known as the "Post -
Construction Stormwater Ordinance."
B. Authority
The Town of Wendell is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; the municipal Charter of the Town of
Wendell; North Carolina General Statutes 143-214.7 and rules promulgated by
the Environmental Management Commission thereunder; Session Law 2004-
163; Chapter 160A, §§ 174, 185 [as well as Chapter 113A, Article 4
(Sedimentation Pollution Control)]; [Article 21, Part 6 (Flood -way Regulation)];
[Chapter 160A, Article 19 (Planning and Regulation of Development); Chapter
153A, Article 18]; as well as Chapter 153A, Article 18 related to statutory
authority for planning and regulation of development (Parts 1, 2, and 3),
including particularly but not limited to G.S. 153A-324 (enforcement), G.S.
153A-330 and 331 (subdivision), G.S. 153A-340 (zoning).
UNIFIED DEVELOPMENT ORDINANCE
6-2 � ADOPTED 7.26.10 TOWN OF WENDELL, NC

ENVIRONMENTAL PROTECTION 6
C. Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge;
These effects can be managed and minimized by applying proper design and
well -planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act")
and federal Post -Construction Stormwater Rules promulgated under it compel
the Town to adopt the minimum stormwater controls such as those included in
this ordinance.
Therefore, the Town of Wendell establishes this set of water quality and
quantity regulations to meet the requirements of state and federal law regarding
control of stormwater runoff and discharge.
D. Purpose
I. General
The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
increases{ post -development stormwater runoff and ronpoint and point
source pollution associated with new development and redevelopment as
well as illicit discharges into municipal stormwater systems.
2. Specific
This ordinance seeks to meet its general purpose through the following
specific objectives and means:
a. requiring that new development and redevelopment maintain the
pre -development hydrologic response in their post -development
state as nearly as practicable for the applicable design storm to
reduce flooding, stream bank erosion, nonpoint and point source;
b. establishing minimum post -development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality.
UNIFIED DEVELOPMENT ORDINANCE
TOWN OF WENDELL, NC ADOPTED 7.26.10 1 6-3

ENVIRONMENTAL PROTECTION
encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for stormwater
and the preservation of green space and other conservation areas to
the maximum extent practicable;
d. establishing provisions for the long-term responsibility for and
maintenance of Structural and Non -Structural stormwater BMPs
to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
e. establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for
the inspection of approved projects, and to assure appropriate
long-term maintenance,
f. managing flooding and downstream impacts with an awareness of
impending regional growth.
E. Definitions
When used in this Ordinance, the following words and terms shall have the
meaning set forth in this section, unless other provisions of this Ordinance
specifically indicate otherwise.
"Built -upon area (BUA)" That portion of a development project that is covered
by impervious or partially impervious surface including, but not limited to,
buildings; pavement and gravel areas such as roads, parking lots, and paths; and
recreation facilities such as tennis courts. "Built -upon area" does not include a
wooden slatted deck, the water area of a swimming pool, or permeable
pavement that meets the standards outlined in the North Carolina Division of
Water Quality Stormwater Best Management Practices Manual.
"Density" The calculation of the total impervious area of a project divided by
the total project area. Surface water bodies shall be included in calculations of
project density.
"Department" The North Carolina Department of Environment and Natural
Resources.
"Design Manual" The North Carolina Department of Environment and
Natural Resources Stormwater Best Practices Manual approved for use in Phase
II jurisdictions by the Department for the proper implementation of the
requirements of the federal Phase ld stormwater program. All references herein
to the Design Manual are to the latest published edition or revision,
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ENVIRONMENTAL PROTECTION �6
"Development" Any land disturbing activity that increases the amount of built -
upon area or that decreases the infiltration of precipitation into the soil.
"Division" The Division of Water Quality in the North Carolina Department
of Environment and Natural Resources.
"Flood Protection Zone" The FEMA 100-year floodplain as identified on the
current Flood Insurance Rate Map (FIRM) published by FEMA.
"High -Density Project" A project is a High -Density Project if it has 24 percent
or more Built -upon Area (BUA) based on total project acreage for all residential
and non-residential Development. Any project that exceeds the low density
threshold for built -upon area.
"Impervious Area" Impervious areas are those surfaces which prevent the
infiltration of or impede the rate of infiltration of stormwater into the soil as
compared with the natural conditions prior to development. Common areas
include, but are not limited to, rooftops, sidewalks, walkways, patio areas,
driveways, parking lots, storage areas, engineered and compacted gravel surfaces
used for vehicular travel or parking and other surfaces which prevent or impede
the natural infiltration of stormwater runoff that existed prior to development.
"Larger common plan of development or sale" An area where multiple separate
and distinct construction or land disturbing activities will occur under one plan.
A plan is any announcement or piece of documentation (including but not
limited to a sign, public notice or hearing, sales pitch, advertisement, loan
application, drawing, permit application, zoning request, subdivision
application or computer design) or physical demarcation (including but not
limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
"Low -Density project" A project is a Low -Density project if it has more than
15 percent Built: -Upon Area (BUA) and no more 24 percent Built -Upon Area
(BUA) based on total project acreage for all residential and non-residential
development.
A project with an overall density at or below the relevant Low -Density
threshold, but containing areas with a density greater than the overall project
density, may be considered low density as long as the project meets or exceeds
the post -construction model practices for Low -Density projects and locates the
higher density in upland areas and away from surface waters and drainage ways
to the maximum extent practical.
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"Non -Structural BMP" A practice that is intended to reduce the impacts of
stormwater runoff by managing pollution at the source and that is not a
physical device constructed to control or treat stormwater runoff. Examples of
Non -Structural BMP's include reducing impervious areas, making use of
existing natural features and system, reforestation, and cluster development.
111-year, 24-hour storm" The surface runoff resulting from a 24-hour rainfall of
an intensity expected to be equaled or exceeded, on average, once in 12 months
and with a duration of 24 hours.
"Owner" The legal or beneficial owner of land, including but not limited to a
mortgagee or vendee in possession, receiver, executor, trustee, or long-term or
commercial lessee, or any other person or entity holding proprietary rights in
the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties
for profit; and every person or entity having joint ownership of the property.
"Redevelopment" Any rebuilding activity other than a rebuilding activity that
results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development.
"Structural BMP" A physical device designed to trap, settle out, or filter
pollutants from stormwater runoff; to alter or reduce stormwater runoff
velocity, amount, timing, or other characteristics; to approximate the pre -
development hydrology on a developed site; or to achieve any combination of
these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property.
"Substantial progress" For the purposes of determining whether sufficient
progress has been made on an approved plan, one or more of the following
construction activities toward the completion of a site or subdivision plan shall
occur:
(1) obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than 30 days; or
(2) installation and approval of on -site infrastructure; or obtaining a
building permit for the construction and approval of a building
foundation.
Substantial progress for purposes of determining whether an approved plan is
null and void is not necessarily the same as "substantial expenditures" used for
determining vested rights pursuant to applicable law.
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ENVIRONMENTAL PROTECTION 6
"Ultra Low -Density project" A project is an Ultra Low -Density project if it
has 15 percent or less Built -Upon Area (BUA) and has less than one dwelling
unit per acre for all residential and non-residential Development.
A project with an overall density at or below the relevant Ultra Low -Density
threshold, but containing areas with a density greater than the overall project
density, may be considered ultra low -density as long as the project meets or
exceeds the post -construction model practices for Ultra Low -Density projects
and locates the higher density in upland areas and away from surface waters
and drainage ways to the maximum extent practicable.
F. Applicability and Jurisdiction
General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to Subsection 2 of this Section,
Exemptions.
2. Exemptions
a. Development that cumulatively disturbs less than 20,000 square
feet and is not part of a larger common plan of development or
sale is exempt from the provisions of this ordinance. This
exemption does not relieve any development from Neuse Buffer
Rules or other applicable federal, state or local laws.
b. Redevelopment that cumulatively disturbs less than 20,000 square
feet and is not part of a larger common plan of development or
sale is exempt from the provisions of this ordinance.. This
exemption does not relieve any development from Neuse Buffer
Rules or other applicable federal, state or local laws.
C. Development and redevelopment that disturb less than 20,000
square feet are not exempt if such activities are part of a larger
common plan of development or sale, even though multiple,
separate or distinct activities take place at different times on
different schedules.
d. Activities that are exempt from permit requirements of Section
404 of the federal Clean Water Act, as specified in 40 CFR 232
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6 ENVIRONMENTAL PROTECTION
(primarily, ongoing farming and forestry activities) are exempt
from the provisions of this ordinance.
3. No Development or Redevelopment until Compliance and
Permit
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development for
which a permit is required pursuant to this ordinance shall occur except
in compliance with the provisions, conditions, and limitations of the
permit.
4. Map
The provisions of this ordinance shall apply within the areas designated as
the municipal incorporated area and exterritorial jurisdiction on the
town's official zoning map, which is adopted simultaneously herewith.
The Zoning Map shall be kept on file by the town and shall be to
included changes in the land area covered by this ordinance and the
geographic location of all Structural BMPs permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to
a particular area of land or BMP shall be determined by reference to the
North Carolina Statutes, the North Carolina Administrative Code, and
local zoning and jurisdictional boundary ordinances.
G. Interpretation
I. References to Statutes, Regulations, and Documents: Whenever
reference is made to a resolution, ordinance, statute, regulation, manual
(including the North Carolina Stormwater Best Management Practices
Manual, hereinafter "the Design Manual"), or document, it shall be
construed as a reference to the most recent edition of such that has been
finalized and published with due provision for notice and comment,
unless otherwise specifically stated.
2. Additional Rules of Interpretation: Additional questions of
interpretation shall follow the provisions laid out in Section 1.10 of this
UDO.
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ENVIRONMENTAL PROTECTION 6
H. North Carolina Stormwater Best Management Practices Design
Manual
Reference to Design Manual
The Stormwater Administrator or his/her designee shall use the policy,
criteria, and information, including technical specifications and standards,
in the Design Manual as the basis for decisions about stormwater permits
and about the design, implementation and performance of Structural and
Non -Structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment
practices, including the specific design criteria for each stormwater
practice. Stormwater treatment practices that are designed, constructed,
and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of
the Phase II laws.
2. Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more
restrictive or apply a higher standard than other laws or regulations, that
fact shall not prevent application of the specifications or guidelines in the
Design Manual.
3. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Design Manual are amended subsequent to the
submittal of an application for approval pursuant to this ordinance but
prior to approval, the new information shall control and shall be utilized
in reviewing the application and in implementing this ordinance with
regard to the application.
I. Relationship to Other Laws, Regulations and Private Agreements
Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance,
rule, regulation or other provision of law, and where any provision of
this ordinance imposes restrictions different from those imposed by any
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6 ENVIRONMENTAL PROTECTION
other ordinance, rule, regulation or other provision of law, whichever
provision is more restrictive or imposes higher protective standards shall
control.
Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of
this ordinance are more restrictive or impose higher standards or
requirements than such easement, covenant, or other private agreement,
then the requirements of this ordinance shall govern. Nothing in this
ordinance shall modify or repeal any private covenant or deed restriction,
but such covenant or restriction shall not legitimize any failure to comply
With this ordinance. In no case shall the Town of Wendell be obligated to
enforce the provisions of any easements, covenants, or agreements
between private parties.
J. Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of
this ordinance shall be adjudged invalid by a court of competent jurisdiction,
such judgment shall not affect or invalidate the remainder of any section,
subsection, paragraph, subdivision or clause of this ordinance.
K. Effective Date and Transitional Provisions
I. Effective Date
The effective date of the stormwater ordinance is the date of adoption by
the Board of Commissioners.
2. Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the Town of Wendell prior
to the effective date of this ordinance shall be exempt from complying
with all provisions of this ordinance dealing with the control and/or
management of post -construction runoff, but shall be required to comply
with all other applicable provisions, including but not limited to illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the
effective date of this ordinance if it has been approved by all necessary
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ENVIRONMENTAL PROTECTION �6
government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
a. For the initial or first phase of development: the type and
intensity of use for a specific parcel or parcels. This shall
include, at a minimum, the boundaries of the project and a
subdivision plan that has been approved.
b. For any subsequent phase of development: sufficient detail
showing that implementation of the requirements of this
ordinance to that phase of development would require a
material change in that phase of the plan.
3. Violations Continue
Any violation of provisions existing on the effective date of this
ordinance shall continue to be a violation under this ordinance and be
subject to penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the
provisions of this ordinance.
L. Administration and Procedures
I. Review and Decision Making Entities
a. Stormwater Administrator:
i. Designation: A Stormwater Administrator shall be
designated by the Town of Wendell to administer and enforce
this ordinance.
ii. Powers and Duties: In addition to the powers and duties
that may be conferred by other provisions of the Town of
Wendell's Code of Ordinances and other laws, the
Administrator shall have the following powers and duties
under this ordinance:
a. To review and approve, approve with conditions, or
disapprove applications for approval of plans pursuant to
this ordinance.
b. To make determinations and render interpretations of
this ordinance.
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6 � ENVIRONMENTAL PROTECTION
e. To enforce the provisions of this ordinance in accordance
with its enforcement provisions.
d. To maintain records, maps, forms and other official
materials as they relate to the adoption, amendment,
enforcement, and administration of this ordinance.
e. To designate appropriate other person(s) who shall carry
out the powers and duties of the Administrator.
f. To take any other action necessary to administer the
provisions of this ordinance.
2. Review Procedures
a. Permit Required; Must Apply for Permit: A stormwater permit
is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent
to a properly submitted and reviewed permit application, pursuant
to this section.
b. Effect of Permit: A stormwater permit shall govern the design,
installation, and construction of stormwater management and
control practices on the site, including Structural BMPs and elements
of site design for stormwater management other than Structural
BMPs.
The permit is intended to provide a mechanism for the review,
approval, and inspection of the approach to be used for the
management and control of stormwater for the development or
redevelopment site consistent with the requirements of this
ordinance, whether the approach consists of Structural BMPs or
other techniques such as low -impact or low -density design, The
permit does not continue in existence indefinitely after the
completion of the project; rather, compliance after project
construction is assured by the maintenance provisions of this
ordinance.
c. Authority to File Applications: All applications required
pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owner's duly
authorized agent.
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ENVIRONMENTAL PROTECTION �6
d. Establishment of Application Requirements, Schedule, and
Fees:
Application Contents and Form: The Stormwater
Administrator shall establish requirements for the content and
form of all applications and shall amend and update those
requirements from time to time. At a minimum, the
stormwater permit application shall describe in detail how
post -development stormwater runoff will be controlled and
managed, the design of all stormwater facilities and practices,
and how the proposed project will meet the requirements of
this ordinance.
Submission Schedule: The Stormwater Administrator shall
establish a submission schedule for applications. The schedule
shall establish deadlines by which complete applications shall
be submitted for the purpose of ensuring that there is adequate
time to review applications and that the various stages in the
review process are accommodated.
iii. Permit Review Fees: Permit review fees as well as policies
regarding refund of any fees upon withdrawal of an
application, and may amend and update the fees and policies
from time to time.
iv. Administration Manual: For applications required under
this Code, the Stormwater Administrator shall compile the
requirements and information on how and where to obtain
the Design Manual in an Administrative Manual, which shall
be made available to the public.
e. Submittal of Complete Application: Applications shall be
submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the
Administrator, along with the appropriate fee established pursuant
to this section,
An application shall be considered a complete submittal only when
it contains all elements of a complete application pursuant to this
ordinance and the Wake County Erosion and Sedimentation
Control regulations, if applicable, along with the appropriate fee. If
the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements
L�1i,ll�l��ly���i]�LI��!<i]:��]n►1PI�h
TOWN OF WENDELL, NC ADOPTED 7.26.10 1 6-13

(5 ENVIRONMENTAL PROTECTION
and shall be provided with an opportunity to submit a complete
application. However, the submittal of an incomplete application
shall not suffice to meet a deadline contained in the submission
schedule established above.
f. Review. Within 30 working days after a complete application is
submitted, the Stormwater Administrator shall review the
application and determine whether the application complies with the
standards of this ordinance.
i. Approval: If the Stormwater Administrator finds that the
application complies with the standards of this ordinance, the
Stormwater Administrator shall approve the application. The
Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The
conditions shall be included as part of the approval.
ii. Fails to Comply: If the Stormwater Administrator finds that
the application fails to comply with the standards of this
ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to
comply. The applicant shall have an opportunity to submit a
revised application.
iii. Revision and Subsequent Review: A complete revised
application shall be reviewed by the Stormwater
Administrator within 15 working days after its re -submittal
and shall be approved, approved with conditions or
disapproved.
If a revised application is not re -submitted within 6 months
from the date the applicant was notified, the application shall
be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the
appropriate fee for a new submittal.
3. Applications for Approval
a. Concept Plan and Consultation Meeting. Before a stormwater
management permit application is deemed complete, the Stormwater
Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be
utilized in the proposed development project. This consultation
meeting should take place at the time of the preliminary plan of
subdivision or other early step in the development process. The
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ENVIRONMENTAL PROTECTION b
purpose of this meeting is to discuss the post -construction
stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and
potential approaches to stormwater management designs before
formal site design engineering is commenced. Local watershed plans,
the Zebulon and Wendell Open Space and Greenway Master Plan,
the Framework Plan (as described in the Town of Wendell
Comprehensive Plan, and other relevant resource protection plans
should be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be
included in the concept plan, which should be submitted in advance
of the meeting:
Existing Conditions 1 Proposed Site Plans: Existing
conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography;
Perennial and Intermittent streams; mapping of predominant
soils from soil surveys (if available); boundaries of existing
predominant vegetation; proposed limits of clearing and
grading; and location of existing and proposed roads, buildings,
parking areas and other impervious surfaces.
ii. Natural Resources Inventory: A written and graphic
inventory of natural resources at the site and surrounding area
as it exists prior to the commencement of the project. This
description should include a discussion of soil conditions,
forest cover, geologic features, topography, wetlands, and
native vegetative areas on the site, as well as the location and
boundaries of other natural feature protection and
conservation areas such as lakes, ponds, floodplains, stream
buffers, Flood Protection Zones, and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular
attention should be paid to environmentally sensitive features
that provide particular opportunities or constraints for
Development and stormwater management.
iii. Stormwater Management System Concept Plan: A
written and graphic concept plan of the proposed post -
Development stormwater management system including:
preliminary selection and location of proposed Structural
stormwater controls; low -impact design elements; location of
existing and proposed conveyance systems such as grass
channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream
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GENVIRONMENTAL PROTECTION
and downstream properties and drainages, and preliminary
location of any proposed stream channel modifications, such as
bridge or culvert crossings.
b. Stormwater Management Permit Application.
Purpose: The stormwater management permit application
shall detail how post -development stormwater runoff will be
controlled and managed and how the proposed project will
meet the requirements of this ordinance, including Section N,
Standards.
ii. Downstream Impact Analysis: As part of the permit
application, all development and redevelopment shall
perform a Downstream Impact Analysis as specified in
Section N.I.
iii. Plan Certification: All such plans shall be prepared by a
qualified registered North Carolina professional engineer,
surveyor, soil scientist or landscape architect, and the
engineer, surveyor, soil scientist or landscape architect shall
perform services only in their area of competence, and shall
verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to
comply with applicable standards and policies found in the
Design Manual, and that the designs and plans ensure
compliance with this ordinance.
The submittal shall include all of the information required in
the submittal checklist established by the Stormwater
Administrator. Incomplete submittals shall be treated
pursuant to Section L.2.D.
As -Built Plans and Final Approvals. Upon completion of a
project, and before a certificate of occupancy shall be granted, the
applicant shall certify that the completed project is in accordance
with the approved stormwater management: plans and designs, and
shall submit actual "as built" plans for all stormwater management
facilities or practices after final construction is completed.
The plans shall show the final design specifications for all
stormwater management facilities and practices and the field
location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. The designer of the stormwater
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ENVIRONMENTAL PROTECTION 16
management measures and plans shall certify, under seal, that the as -
built stormwater measures, controls, and devices are in compliance
with the approved stormwater management plans and designs and
With the requirements of this ordinance. A final inspection and
approval by the Administrator shall occur before the release of any
performance securities.
4. Approvals
a. Effect of Approval: Approval authorizes the applicant to go
forward with only the specific plans and activity authorized in the
permit. The approval shall not be construed to exempt the applicant
from obtaining other applicable approvals from local, state, and
federal authorities.
b. Time LimitlExpiration: An approved plan shall become null and
void if the applicant has failed to make substantial progress on the
site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time
limit, for good cause shown, upon receiving a written request from
the applicant before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant's
vested rights.
Appeals
a. Right of Appeal: Any aggrieved person affected by any decision,
order, requirement, or determination relating to the interpretation
or application of this ordinance and made by the Administrator may
file an appeal to the Zoning Board of Adjustment within 30 days.
b. Filing of Appeal and Procedures: Appeals shall be taken within
the specified time period by filing a notice of appeal and specifying
the grounds for appeal on forms provided by the town. The
Stormwater Administrator shall transmit to the town's Appeal
Board all documents constituting the record on which the decision
appealed from was taken.
The hearing conducted by the town's Appeal Board shall be
conducted in the nature of a quasi-judicial proceeding with all
findings of fact supported by competent, material evidence.
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6 ENVIRONMENTAL PROTECTION
c. Review by Superior Court: Every decision of the town's Appeal
Board shall be subject to Superior Court review by proceedings in
the nature of certiorari. Petition for review by the Superior Court
shall be filed with the Clerk of Superior Court within 30 days after
the latter of the following:
the decision of the town's Appeal Board is filed; or
ii. a written copy thereof is delivered to every aggrieved party
who has filed a written request for such copy with the (Chair
or Secretary of the board that will hear appeals) at the time of
its hearing of the case.
M. Standards Based on Project Density
I . Development Standards for Uitra-Low and Low -Density Projects
Ultra -Low and Low -Density projects shall comply with each of the
following standards, in addition to the general standards found in Section
B in this Section:
a. Stormwater runoff from the development shall be transported from
the development by vegetated conveyances to the maximum extent
practicable.
b. All Development and Redevelopment shall be located outside the
Riparian Buffer Zone and Flood Protection Zone.
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a
recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent
with the approved project plans.
d. No Development or Redevelopment shall contribute a nitrogen
export lead exceeding 3.6 pounds per acre per year, unless it achieves
classification as an LID Pro}ect in accordance with Section N.2.5.
In calculating the nitrogen export, the applicant must use the know
footprint method. (Amended 3-26.12)
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ENVIRONMENTAL PROTECTION 16
e. For Ultra Low -Density Projects only, pervious portions of the site
must be utilized to the maximum extent practicable to convey and
control stormwater runoff.
f. For Low -Density Projects only, Structural and Non -Structural
BMPs shall control and treat the difference in the stormwater runoff
peak discharge rate leaving the project site between the pre- and
post -Development conditions for, at a minimum, the. 1-year, 24-hour
storm. Runoff volume drawdown time shall be a minimum of 48
hours, but not more than 120 hours.
g. General engineering design criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c), as explained in the Design
Manual.
h. Developers must manage residential runoff so that after
Development the site will not exceed the Target Curve Numbers in
the table in Section M,2.
i. Ultra -Low Density Projects and Low -Density Projects may be
eligible for target curve number credits, as described found in
Section M.3, below.
2. Maximum Curve Number after Development
Developers must manage residential runoff so that after development the
site will not exceed the following composite curve numbers, in
accordance with procedures specified in the United States Department of
Agriculture, Natural Resource Conservation Service, Technical Release
55, Urban hydrology for Small Watersheds.
Project
Maximum Composite
Curve
Number, by Soil
Group
Density
Target Curve Number Credits
a. Purpose: The purpose of establishing a stormwater credit
system is to provide incentives to implement better site design
and locate new development in a manner that causes less impact
to aquatic resources. Certain development practices reduce the
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(p ENVIRONMENTAL PROTECTION
generation of stormwater from the site; thereby reducing the
size and cost of stormwater storage. In addition, these practices
can provide partial removal of many pollutants. The credit
system directly translates into cost savings and better protection
of water resources.
b. Disconnected impervious Surfaces: Disconnected
impervious surfaces, included permeable pavers, are encouraged.
Runoff from these disconnected surfaces must be spread over
pervious areas as sheet flow. As a credit, these disconnected
impervious surfaces will be assigned the lower curve number
specified by procedures of the United States Department of
Agriculture, Natural Resources Conservation Service, Technical
Release 55, Urban Hydrology for Small Watersheds.
C. Reforestation: The planting of trees and shrubs is encouraged
as a means of reducing runoff. As a credit for such practices,
reforested areas will be assigned the curve number for woods in
good condition per procedures in the United States Department
of Agriculture, Natural Resources Conservation Service
(MRCS), Technical Release 55, Urban Hydrology for Small
Watersheds. Areas planted with trees or shrubs must meet the
following standards to qualify for the credit.
L Tree/Shrub Density and Spacing: Planted trees or
shrubs must meet the minimum density and spacing
standards of the NRCS, as specified in the Field Office
Technical Guide. Existing trees or shrubs may be used
towards meeting the planting standard.
ii. Mulching: An initial application of mulch is required
for the area designated for reforestation. Mulching must
meet applicable standards of the NRCS, as specified in
the Field Office Technical Guide. Existing groundcover
may be used towards meeting the mulching standard.
d. Cluster and Open Space Subdivisions: Cluster and open
space subdivisions are encouraged. In applying curve number
calculations to such developments, calculations must tape into
account the lots' proportionate share of right-of-way and
permanent open space.
e. Calculations Regarding Ponds, Lakes, and Streams:
Surface water bodies may not be assigned a curve number for
impervious surfaces. Instead, such water bodies will be removed
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ENVIRONMENTAL PROTECTION 6
from calculations so that developments are not penalized for
their presence. Surface water bodies shall be included in
calculations of project density.
4. Development Standards for High -Density Projects
High -density projects shall implement stormwater control measures that
comply with each of the following standards, in addition to the general
standards found in subsection N of this chapter.
a. The measures shall control and treat runoff from the first inch of
rain. Runoff volume drawdown time shall be a minimum of 48
hours, but not more than 120 hours.
b. All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a
minimum of 85 percent average annual removal for Total
Suspended Solids (TSS).
C. No Development or Redevelopment shall contribute a nitrogen
export lead exceeding 3.6 pounds per acre per year, unless it
achieves classification as an LID Project in accordance with
Section N.2.5. In calculating the nitrogen export, the applicant
must use the know footprint method. (Amended 3-26-12)
d. Structural and Non -Structural BMPs shall be used to ensure
there is no net increase in peak flow leaving the site from the
pre- and post -development conditions for the 1-year, 24-hour
storm. Runoff volume drawdown time shall be a minimum of 48
hours, but not more than 120 hours.
e. General engineering design criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c), as explained in the
Design Manual.
All development and redevelopment shall be located outside the
Riparian Buffer and Flood Protection Zone. These zones shall be
in accordance with the following provisions:
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Except where other applicable buffer standards are more
restrictive, the Riparian Buffer Zone shall extend a
minimum of 50 feet landward of all Perennial and
Intermittent Surface Waters. The most restrictive
standards shall apply.
ii. The Riparian Buffer Zone shall remain undisturbed
unless otherwise permitted by this section.
iii. The Flood Protection Zone shall extend throughout the
FEMA 100-year floodplain as identified on the current
Flood Insurance Rate Map (FIRM) published by FEMA.
The Flood Protection Zone shall remain undisturbed
unless otherwise permitted by this section.
iv. No Development or Redevelopment is permitted within
the Riparian Buffer Zone or the Flood Protection Zone
except for stream bank or shoreline restoration or
stabilization, water dependent structures, and public or
private projects such as road crossings and installations,
utility crossings and installations, and greenways, where
no practical alternatives exist.
V. Permitted activities within the Riparian Buffer Zone and
the Flood Protection Zone shall minimize impervious
coverage, direct runoff away from surface waters to
achieve diffuse flow, and maximize the utilization of
Non -Structural BMPs.
vi. Where the Riparian Buffer Zone and the Flood
Protection Zone both are present adjacent to surface
waters, the more restrictive shall apply.
g. The approval of the stormwater permit shall require an
enforceable restriction on property usage that runs with the
land, such as recorded deed restrictions or protective covenants,
to ensure that future Development and Redevelopment
maintains the site consistent with the approved project plans.
Buffer widths and locations shall be clearly delineated on all
plans, final plat, and as-builts.
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ENVIRONMENTAL PROTECTION �6
N. General Standards
I . Downstream Impact Analysis: The Downstream Impact Analysis
must be performed in accordance with the "10% rule," and a copy of the
analysis must be provided with the permit application. The purpose of
the Downstream Impact Analysis is to determine if the project will cause
any unintentional additional impacts on flooding or channel degradation
downstream of the project site. The analysis must include the
assumptions, results and supporting calculations to show safe passage of
post -development design flows downstream. This analysis shall be
performed at the outlet(s) of the site, and downstream at each tributary
junction to the point(s) in the conveyance system where the area of the
portion of the site draining into the system is less than or equal to 10%
of the total drainage area above that point.
The typical steps in the application of the 10% rule are:
a. Using a topographical map, determine the point downstream
where the proposed site equals 10%, of the total drainage area,
called 10% point. Identify all tributary junctions between the
downstream site boundary and the 10% point. All points
identified, as well as the outlet of the site, are known as 10%
rule comparison points.
b. Using a hydraulic model with existing land uses, determine the
pre -development peak runoff rate (cfs) for the 10-year design
storm event at each comparison point.
C. Insert the proposed site design and proposed BMP's into land
uses and determine the post -development peak runoff rate for
the 10-year design storm at each comparison point.
d. If the 10-year post -development peak discharge rate is greater
than the pre -development discharge rate at any comparison
point, then one of the following actions must be taken:
i. Revise the site plan for the proposed site to
incorporate better use of natural features, design
additional structural control facilities, reduce
impervious cover, or alter timing of peak flows to
lower post -Development flows at each comparison
point to pre -Development levels.
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6 ENVIRONMENTAL PROTECTION
ii. Obtain a now easement from downstream property
owners through the 10% point where the post -
Development peak discharge rate is higher than the
pre -Development peak discharge rate.
iii. Work with the town to determine other acceptable
approaches to reduce the peak discharge rate for the
10-year storm.
For further information on the 10% rule, refer to the Georgia
Stormwater Manual, www.georgiastormwater.com.
2. Standards for Stormwater Control Measures
a. Evaluation According to Contents of Design Manual: All
stormwater control measures and stormwater treatment
practices (or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the
policies, criteria, and information, including technical
specifications and standards and the specific design criteria for
each stormwater practice, in the Design Manual. The
Stormwater Administrator shall determine whether proposed
BMPs will be adequate to meet the requirements of this
ordinance.
b. Determination of Adequacy; Presumptions and
Alternatives: Stormwater treatment practices that are
designed, constructed, and maintained in accordance with the
criteria and specifications in the Design Manual will be presumed
to meet the minimum water quality and quantity performance
standards of this ordinance. Whenever an applicant proposes to
utilize a practice or practices not designed and constructed in
accordance with the criteria and specifications in the Design
Manual, the applicant shall have the burden of demonstrating
that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this ordinance. The
Stormwater Administrator may require the applicant to provide
documentation, calculations, and examples as necessary for the
Stormwater Administrator to determine whether such an
affirmative showing is made.
C. Separation from Seasonal High Water Table: For BMPs
that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
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ENVIRONMENTAL PROTECTION 6
d. Changes to Stormwater Plan Based on Emerging
Technologies: Subject to the standards of this ordinance and
other applicable law, a developer, in conjunction with the
development's lot owners, may submit an application to revise
the approved stormwater plan so as to use new technologies or
best management practices not available when the original
stormwater plan was approved. Innovative technologies may be
used on a demonstration basis for a period of one year while
simultaneously collecting data on the effectiveness of the
technology according to its design, If at the end of the
demonstration period the technology is not performing
according to its intended design functions as judged by the
Stormwater Administrator, the developer must retrofit the site
with a standard technology.
3. Additional Stormwater Management Measures
In some cases, the Stormwater Administrator may require more stringent
stormwater management measures where it is determined that additional
measures are required to protect water quality and maintain existing and
anticipated uses of these waters or to minimize offsite damage from
stormwater runoff in accordance with the purpose of this ordinance as
defined in Section D.
4. Dedication of BMPS, Facilities and Improvements
The town may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the
requirements of this ordinance and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
Low Impact Development (LID) Project Classifications
a. All development or redevelopment to which this ordinance
applies may be submitted for classification as a Low Impact
Development (LID) Project.
b. Classification as a Low Impact Development requires that the
development mimic the pre -developed hydrologic conditions of
the site, as defined as "woods in good condition" for the 2-yr, 24
hr storm, within 10%. The pre -developed conditions shall
'include: its hydrologic balance, frequency distribution of high
'010119102010:1101119irl0kKe D ►71H-11 tir:
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ENVIRONMENTAL PROTECTION
flows; magnitude, frequency, and duration of low flows;
groundwater recharge (or infiltration), and flow length and
pattern. The conditions shall be measured through the
comparison between measures of the pre -developed and
developed conditions including: total runoff volume, time of
concentration, curve number, and peak discharge. Mimicry of
the pre -developed hydrologic conditions may be achieved
through such techniques as the minimization of disturbed areas
and the use of on -lot distributed retention storage as described in
more detail on Wake County's Stormwater Web Site under Low
Impact Development.
C. The following techniques must be used to achieve LID
classification:
natural site design in consultation with the Town;
ii. site buildings, roads, and other disturbance in the least
environmentally sensitive areas, pursuing steep slopes,
naturally well draining soils, and other hydrologically
valuable features undisturbed.
d. In addition, one of the following two techniques must be
used to achieve LID classifications:
L bio-retention systems;
on -site infiltration;
e. In additions, at least two of the following techniques must be
used to achieve LID
retention of 50 percent of vegetated area, including open
space, landscaping, or forests:
ii. use of Permeable pavement for all private driveways,
private roads, sidewalks, and parking areas in accordance
with the North Carolina Stormwater Best Management
Practices Design Manual;
Hi. installation of one rain cistern per lot or three rain
barrelsper lot;
iv. installation of vegetated roofs;
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V. increasing all buffers in the Riparian Buffer Zone of the
Flood Protection Zone, whichever is greater, by 50 feet,
in accordance with Section MA for Low -Density
Development and Ultra Low Density projects and
Section MA for High -Density Projects
vi. use of reclaimed water for all buildings in accordance
with State and local laws.
vii. use of innovative LID techniques subject to the approval
of the Town.
f. For Development and Redevelopment projects achieving
classification as LID Projects, the Stormwater Administrator
shall waive the stormwater permit fee if stipulated in the fee
schedule duly adopted by the applicable governing board.
g. Wake County will expedite the permitting process for
Development and Redevelopment projects achieving
classification as an LID Project.
6. On -Site Wastewater
Onsite systems disposal systems shall be operated and maintained in
accordance with the Regulations Governing Sewage Treatment and
Disposal Systems in Wake County (Regulations) adopted by the Wake
County Board of Human and Environmental Services and enforced by
Wake County. Onsite systems shall be inspected, permitted, repaired
and/or professionally operated in accordance with the Regulations and
in a manner to prevent adverse to prevent adverse impacts on surface
water and groundwater. The Town of Wendell and WCES shall
collaborate on identification of areas of high risks for system failures and
associated need for environmental surveys, system repairs and possible
service by municipal utilities.
O. Completion of Improvements and Maintenance
I. Performance Security for Installation and Maintenance of
Improvements
The town may, at its discretion, require the submittal of a performance
bond, letter of credit from, or cash escrow account with a local bank
prior to issuance of a permit. If improvements are not installed prior to
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(6 ENVIRONMENTAL PROTECTION
approval of a record plat, the town shall require the submittal of a
performance bond, letter of credit from, or cash escrow account with a
local bank prior to issuance of a permit. This performance security is
required in order to ensure that the Structural BMPs are:
a. installed by the permit holder as required by the
approved stormwater management plan, and/or
b. maintained by the Owner as required by the operation
and maintenance agreement.
2. Form and Amount of Installation Performance Security
The amount of an installation performance security must equal at least
125 percent of the estimated cost of the required improvements,
including project management costs that have not been installed by the
time of Record Plat submittal.
3. Form and Amount of Maintenance Performance Security
The amount of a maintenance performance security must be at least 125
percent of the total estimated construction cost of the Structural BMPs
approved under the permit.
4. Uses of Performance Security for Installation
a. Forfeiture Provisions. The performance security shall
contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to
initiate or maintain any actions which may be required
of the applicant or Owner in accordance with this
ordinance, approvals issued pursuant to this ordinance,
or an operation and maintenance agreement established
pursuant to this ordinance.
b. Default. Upon default of the Owner to construct,
maintain, repair and, if necessary, reconstruct any
Structural BMP in accordance with the applicable permit
or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or
any portion of the security to make necessary
improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting
the Owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of
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ENVIRONMENTAL PROTECTION � (6
installation performance security, the town shall not
return any of the unused deposited cash funds or other
security, which shall be retained for maintenance.
C. Costs in Excess of Performance Security. If the
town takes action upon such failure by the applicant or
Owner or property owners' association, the town may
collect from the applicant or Owner or property
owners' association the difference between the amount
of the reasonable cost of such action and the amount of
the security held, in addition to any other penalties or
damages due.
d. Refund. Within 60 days of the final approval, the
installation performance security shall be refunded to the
applicant or terminated, except any amount attributable
to the cost (plus 25 percent) of landscaping installation
and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be
inspected one year after installation with replacement for
compliance with the approved plans and specifications
and, if in compliance, the portion of the financial
security attributable to landscaping shall be released.
Uses of Performance Security for Maintenance
a. Forfeiture Provisions. The performance security shall
contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to
initiate or maintain any actions which may be required
of the applicant or Owner in accordance with this
ordinance, approvals issued pursuant to this ordinance,
or an operation and maintenance agreement established
pursuant to this ordinance.
b. Default. Upon default of the Owner to construct,
maintain, repair and, if necessary, reconstruct any
Structural BMP in accordance with the applicable permit
or operation and maintenance agreement, the
SCOCmWaCer Administrator shall obtain and use all or
any portion of the security to make necessary
improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting
the Owner to comply with the permit or maintenance
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1 ENVIRONMENTAL PROTECTION
agreement. In the event of a default triggering the use of
installation performance security, the town shall not
return any of the unused deposited cash funds or other
security, which shall be retained for maintenance.
C. Costs in Excess of Performance Security. If the
town takes action upon such failure by the applicant or
Owner or property owners' association, the town may
collect from the applicant or Owner or property
owners' association the difference between the amount
of the reasonable cost of such action and the amount of
the security held, in addition to any other penalties or
damages due.
6. As -Built Plans and Final Approval
Upon completion of a project, the applicant shall certify that the
completed project is in accordance with the approved stormwater
management plans and designs, and shall submit actual "as built" plans
in both digital file (one copy) and mylar formats (three mylars) for all
stormwater management facilities or practices after final construction
is completed.
The plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth,
and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and
plans shall certify, under seal, that the as -built stormwater measures,
controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance
securities.
No certificate of compliance or occupancy shall be issued without final
as -built plans and a final inspection, or performance guarantees, and
approval by the Stormwater Administrator.
Maintenance Of Improvements
a. Maintenance Required. All Structural and Non -
Structural BMPs must be maintained so they will
continue to serve their intended functions.
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b. Parties Responsible for Maintenance of Structural
BMPs
The developer must maintain Structural and Non -
Structural BMPs until accepted by a property
owners' association or lot Owner. All Structural
BMPs required for residential subdivisions, including
those on individual lots, must be accepted for
maintenance by a property owners' association. The
developer must disclose which party will be
responsible for continued maintenance on the record
plat and on the stormwater management plan.
ii. Before improvements are accepted for maintenance
by the property owners' association or lot Owner,
the developer or the developer's engineer or other
representative, as authorized by Statute, must certify
to the property owners' association or lot Owner
and to the town that improvements are complete
and functioning as designed.
iii. If a property owners' association or similar legal
entity is to be responsible for the maintenance and
control of BMPs, it shall be established so that it has
clear legal authority to maintain and exercise control
over, including the power to compel contributions
from subdivision property owners to cover their
proportionate shares of the costs associated with the
maintenance of the BMPs. Such association shall be
established prior to approval of the final plat.
iv. Documents providing for the establishment of a
homeowners' association or similar legal entity in
accord with this ordinance shall be approved by the
Stormwatcr Administrator before any plat is
recorded.
8. Maintenance Plan
a. The developer must record, and reference on the record
plat, a maintenance plan that instructs the property
owners' association or lot Owner about the annual
maintenance tasks and associated costs for at least a 20-
year period.
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6 � ENVIRONMENTAL PROTECTION
b. 1t will be the responsibility of the property owners'
association or lot Owner to update the maintenance plan
at least every 10 years in perpetuity.
9. Maintenance Agreement
a. The developer must record, and reference on the record
plat, a maintenance agreement, or restrictive covenant
that sets forth the property owners' association's or lot
Owner's continuing responsibilities for maintenance,
including specifying how cost will be apportioned
among lot owners served.
b. The maintenance agreement must provide that the
association and its individual members are jointly and
severally liable for maintenance.
C. The maintenance agreement shall grant to the town a
right of entry in the event that the Stormwater
Administrator has reason to believe it has become
necessary to inspect, monitor, maintain, repair or
reconstruct the Structural and Non -Structural BMPs;
however, in no case shall the right of entry, of itself,
confer an obligation on the town to assume
responsibility for the Structural and Non Structural
BMPs.
10. Maintenance Easement
The developer must record easements for access, maintenance and
inspections by any property owners' association and by the town.
11. Annual Maintenance Inspection and Report
The person or entity responsible for maintenance of any Structural
and Non -Structural BMPs installed pursuant to this ordinance shall
submit to the Stormwater Administrator an annual inspection report
from one of the following persons performing services only in their
area of competence: a qualified registered North Carolina professional
engineer surveyor, landscape architect, soil scientist, aquatic biologist,
or person certified by the North Carolina Cooperative Extension
Service for Stormwater treatment practice inspection and maintenance.
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ENVIRONMENTAL PROTECTION �6
Annual inspection reports are due by June 34 of each year. The first
annual report is ducb­y­Jume 34 following one year after approval of
the as -built plan. For Structural BMPs located on properties subject to
property ownersassociation agreements, the property owners'
association is responsible for collecting and submitting information on
all individual lot Structural BMPs installed pursuant to this ordinance
on an annual basis. The inspection report shall contain all of the
following: .
a. The name and address of the land Owner;
b. the recorded book and page number of the lot of each
Structural ant] Non -Structural BMPs;
C. a statement that an inspection was made of all Structural and
Non -Structural BMPs;
d. the date the inspection was made;
e. a statement that all inspected Structural and Non -Structural
BMPs are performing properly and are in compliance with the
terms and conditions of the approved maintenance agreement
required by this ordinance;
f. and the original signature and seal of the engineer, surveyor, or
landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator by the first day of July following the
issuance of a certificate of occupancy. Subsequent annual reports shall
be due on the first day of July each year.
12. Inspection Program
Inspections and inspection programs by the town may be conducted
or established on any reasonable basis, including but not limited to
routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws.
Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the
condition of BMPs.
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ENVIRONMENTAL PROTECTION
If the Owner or occupant of any property refuses to permit such
inspection, the Stormwater Administrator shall proceed to obtain an
administrative search warrant pursuant to G.S. 15-27.2 or its successor.
No person shall obstruct, hamper or interfere with the Stormwater
Administrator while carrying out his or her official duties, including
inspections on private property. Refusal of Owner or occupant of any
property to permit such inspection is a violation of this ordinance.
13. Signage
Where appropriate in the determination of the Stormwater
Administrator to assure compliance with this ordinance, Structural
BMPs shall be posted with a conspicuous sign stating who is
responsible for required maintenance and annual inspection. The sign
shall be maintained so as to remain visible and legible.
14. Records of Installation and Maintenance Activities
The Owner of each Structural BMP shall keep records of inspections,
maintenance, and repairs for at least five years from the date of
creation of the record and shall submit the same upon reasonable
request to the Stormwater Administrator.
Is. Nuisance
The Owner of each stormwater BMP, whether Structural or Non -
Structural BMP, shall maintain it so as not to create or result in a
nuisance condition.
P. Enforcement and Violations
General
a. Authority to Enforce: The provisions of this ordinance shall be
enforced by the Stormwater Administrator, his or her designee, or
any authorized agent of the Town of Wendell. Whenever this
section refers to the Stormwater Administrator, it includes his or her
designee as well as any authorized agent of the Town of Wendell.
b. Violation Unlawful: Any failure to comply with an applicable
requirement, prohibition, standard, or limitation imposed by this
ordinance, or the terms or conditions of any permit or other
development or redevelopment approval or authorization granted
pursuant to this ordinance, is unlawful and shall constitute a
violation of this ordinance.
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ENVIRONMENTAL PROTECTION 6
C. Each Day a Separate Offense: Each day that a violation
continues shall constitute a separate and distinct violation or offense.
d. Responsible Persons/Entities: Any person who erects, constructs,
reconstructs, alters (whether actively or passively), or fails to erect,
construct, reconstruct, alter, repair or maintain any structure, BMP,
practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance
with this section. Persons subject to the remedies and penalties set
forth herein may include any architect, engineer, builder, contractor,
developer, agency, or any other person who participates in, assists,
directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an
owner, any tenant or occupant, or any other person, who has
control over, or responsibility for, the use or development of the
property on which the violation occurs.
For the purposes of this section, responsible person(s) shall include
but not be limited to:
Person Maintaining Condition Resulting In or
Constituting Violation: An architect, engineer,
builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates,
causes, or maintains a condition that constitutes a
violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or
persists.
ii. Responsibility For Land or Use of Land: The
owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is
responsible for stormwater controls or practices
pursuant to a private agreement or public document,
or any person, who has control over, or responsibility
for, the use, development or redevelopment of the
property.
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2. Remedies and Penalties
The remedies and penalties provided for violations of this ordinance,
whether civil or criminal, shall be cumulative and in addition to any
other remedy provided by law, and may be exercised in any order.
a. Remedies:
i. Withholding of Building Permit: The Stormwater
Administrator or other authorized agent may refuse to
issue a building permit for a building or other
improvements constructed or being constructed on
any development site and served by the Structural
BMP in question until the applicant or other
responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured
the violations described therein.
H. Withholding of Certificate of Occupancy: The
Stormwater Administrator or other authorized agent
may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being
constructed on the site and serves{ by the stormwater
practices in question until the applicant or other
responsible person has taken the remedial measures set
forth in the notice of violation or has otherwise cured
the violations described therein.
iii. Disapproval of Subsequent Permits and
Development Approvals: As long as a violation of
this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent
may withhold, and the Wendell Board of
Commissioners may disapprove, any request for
permit or development approval or authorization
provided for by this ordinance or the zoning,
subdivision, and/or building regulations, for the land
on which the violation occurs.
iv. Injunction, Abatements, etc.: The Stormwater
Administrator, with the written authorization of the
Town Manager, may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory
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ENVIRONMENTAL PROTECTION 16
injunction and order of abatement to correct a
violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable
remedies provided in the General Statutes or at
common law.
Correction as Public Health Nuisance, Costs as
Lien, etc.: If the violation is deemed dangerous or
prejudicial to the public health or public safety and is
within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Administrator, with the
written authorization of the Town Manager, may
cause the violation to be corrected and the costs to be
assessed as a lien against the property.
vi. Stop Work Order: The Stormwater Administrator
may issue a stop work order to the person(s) violating
this ordinance. The stop work order shall remain in
effect until the person has taken the remedial measures
set forth in the notice of violation or has otherwise
cured the violation or violations described therein. The
stop work order may be withdrawn or modified to
enable the person to take the necessary remedial
measures to cure such violation or violations.
b. Civil Penalties: Violation of this ordinance may subject the
violator to a civil penalty to be recovered in a civil action in the
nature of a debt if the violator does not pay the penalty within 30
days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount
of penalty to which the Town of Wendell is subject for violations of
its Phase 11 Stormwater permit, or if no Phase II Stormwater permit
exists for the jurisdiction, civil penalties may be assessed up to the
full amount allowed by law.
e. Criminal Penalties: Violation of this ordinance may be enforced as
a misdemeanor subject to the maximum fine permissible under
North Carolina law.
3. Procedures
a. Initiation/Complaint: Whenever a violation of this ordinance
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint shall state fully the alleged violation and
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ENVIRONMENTAL PROTECTION
the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall
be investigated promptly by the Stormwater Administrator.
b. Inspection: The Stormwater Administrator shall have the
authority, upon presentation of proper credentials, to enter and
inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
C. Notice of Violation and Order to Correct: When the
Stormwater Administrator finds that any building, structure, or land
is in violation of this ordinance, the Stormwater Administrator shall
notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the
violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil
penalties are to be assessed, the notice of violation shall also contain
a statement of the civil penalties to be assessed, the time of their
accrual, and the time within which they must be paid or be subject
to collection as a debt.
The Stormwater Administrator may deliver the notice of violation
and correction order personally, by the Town of Wendell Police
Department or The Wendell Planning Department Code
Enforcement Officer, by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents
by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may
Lake appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
d. Extension of Time: A person who receives a notice of violation
and correction order, or the owner of the land on which the
violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the
violation. On determining that the request includes enough
information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend
the time limit as is reasonably necessary to allow timely correction
of the violation, up to, but not exceeding 14 days. The Stormwater
Administrator may grant 7-day extensions in addition to the
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foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may
grant an extension only by written notice of extension. The notice
of extension shall state the date prior to which correction must be
made, after which the violator will be subject to the penalties
described in the notice of violation and correction order.
e. Enforcement after Time to Correct: After the time has expired
to correct a violation, including any extensions) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not
corrected, the Stormwater Administrator may act to impose one or
more of the remedies and penalties authorized by this ordinance.
f. Emergency Enforcement: if delay in correcting a violation would
seriously threaten the effective enforcement of this ordinance or
pose an immediate danger to the public health, safety, or welfare,
then the Stormwater Administrator may order the immediate
cessation of a violation. Any person so ordered shall cease any
violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any
remedy or penalty authorized by this section.
g. Variances:
i. Any person may petition the Town for a variance
granting permission to use the persons land in a
manner otherwise prohibited by this ordinance. To
qualify for a variance, the petitioner must show all of
the following:
(a) Unnecessary hardships would result from strict
application of this ordinance.
(b) The hardships result from conditions that are
peculiar to the property, such as the location,
size, or topography of the property.
(e) The hardships did not result from actions
taken by the petitioner.
(d) The requested variance is consistent with the
spirit, purpose, and intent of this ordinance;
will secure public safety and welfare; and will
preserve substantial justice.
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6 ENVIRONMENTAL PROTECTION
ii. The Town may impose reasonable and appropriate
conditions and safeguards upon any variance it grants.
iii. Statutory Exceptions: Notwithstanding subdivision
a. of this section, exceptions from the Riparian Buffer
Zone and Flood Protection Zone requirements as well
as the deed restrictions and protective covenants
requirements shall be granted in any of the following
instances:
(a) When there is a lack of practical alternatives
for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long as it
is located, designed, constructed, and
maintained to minimize disturbance, provide
maximum nutrient removal, protect against
erosion and sedimentation, have the least
adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent
practicable through the use of BMPs.
(b) When there is a lack of practical alternatives
for a stormwater management facility; a
stormwater management pond; or a utility,
including, but not limited to, water, sewer, or
gas construction and maintenance corridor, as
long as it is located 15 feet landward of all
perennial and intermittent surface waters and
as long as it is located, designed, constructed,
and maintained to minimize disturbance,
provide maximum nutrient removal, protect
against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat,
and protect water quality to the maximum
extent practicable through the use of BMPs.
(c) A lack of practical alternatives may be shown
by demonstrating that, considering the
potential for a reduction in size, configuration,
or density of the proposed activity and all
alternative designs, the basic project purpose
cannot be practically accomplished in a
manner which would avoid or result in less
adverse impact to surface waters.
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Q. Illicit Discharges and Connections
I. Illicit Discharges
a. No person shall cause or allow the discharge, emission, disposal,
pouring, or pumping directly or indirectly to any stormwater
conveyance, the waters of the State, or upon the land in manner and
amount that the substance is likely to reach a stormwater
conveyance or the waters of the State, any liquid, solid, gas, or other
substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed and
provided that they do not significantly impact water quality:
L water line flushing;
H. landscape irrigation;
iii. diverted stream flows;
iv. rising ground waters;
V. uncontaminated ground water infiltration;
vi. uncontaminated pumped ground water;
vii. discharges from potable water sources;
viii. foundation drains;
ix. air conditioning condensation;
X. irrigation water;
xi. springs;
xii. water from crawl space pumps;
xiii. footing drains;
xiv. lawn watering;
xv. residential and charity car washing;
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(5 1 ENVIRONMENTAL PROTECTION
xvi. flows from riparian habitats and wetlands;
xvii. dechlorinated swimming pool discharges;
xviii. street wash water;
xix. other non-stormwater discharges for which a valid
NPDES discharge permit has been approved and issued
by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer
system shall be authorized by the Town of Wendell.
b. Prohibited substances include but are not limited to: oil, anti -freeze,
chemicals, animal waste, paints, garbage, and litter.
2. Illicit Connections
a. Connections to a stormwater conveyance or stormwater conveyance
system that allow the discharge of non-stormwater, other than the
exclusions described in section Q.L.a. above, are unlawful.
Prohibited connections include, but are not limited to: floor drains,
waste water from washing machines or sanitary sewers, wash water
from commercial vehicle washing or steam cleaning, and waste water
from septic systems.
b. Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or
any other ordinance prohibiting such connections, the property
owner or the person using said connection shall remove the
connection within one year following the effective date of this
ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous
materials or other discharges which pose an immediate threat to
health and safety, or are likely to result in immediate injury and
harm to real or personal property, natural resources, wildlife, of -
habitat.
c. Where it is determined that said connection:
May result in the discharge of hazardous materials or
may pose an immediate threat to health and safety, or is
likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat,
or
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ENVIRONMENTAL PROTECTION �6
ii. Was made in violation of any applicable regulation or
ordinance, other than this section;
the Stormwater Administrator shall designate the time within which
the connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into
consideration:
i. The quantity and complexity of the work,
ii. The consequences of delay,
iii. The potential harm to the environment, to the public
health, and to public and private property, and
iv. The cost of remedying the damage.
3. Spills
Spills or leaks of polluting substances released, discharged to, or having
the potential to released or discharged to the stormwater conveyance
system, shall be contained, controlled, collected, and properly disposed.
All affected areas shall be restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their
release or discharge, and persons owning the property on which the
substances were released or discharged, shall immediately notify the
Wendell Fire Chief of the release or discharge as w� makir any
required notificm-itsn er state and federal law, NotificatGor�l not
relieve any person o any expenses related tot e restoration, loss,
damage, or any other liability which may be incurred as a result of said
spill or leak, nor shall such notification relieve any person from other
liability which may be imposed by State or other law.
4. Nuisance
Illicit discharges and illicit connections which exist within the Town
limits or ETJ are hereby found, deemed, and declared to be dangerous or
prejudiced to the public health or public safety and are found, deemed,
and declared to be public nuisances. Such public nuisances shall be abated
in accordance with the procedures set forth in Sections 10-106 and 10-107
of the Code of the Town of Wendell.
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