WSMU_CORN_WSWP Ordinance_20200910

SECTION 11.1: GENERAL PROVISIONS
11.1.1: Authority
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174, General
Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules, delegated the
responsibility or directed local governmental units to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. The Board of Commissioners of
Cornelius does hereby ordain and enact into law the following sections as the Watershed
Protection Ordinance of the Town of Cornelius.
11.1.2: Jurisdiction and Coordination with Other Ordinances
The provisions of this Chapter shall apply only to those lands within the Town of Cornelius
corporate boundaries and extraterritorial jurisdictional limits that have been designated as a
Public Water Supply Watershed by the N.C. Division of Water Quality. These areas are identified
by the overlay districts "Lake Norman (LN)" and "Mountain Island Lake (MIL)" as shown and
established on the Town of Cornelius Watershed & Environmental Features Map.
The requirements stated in this Chapter shall supersede all other applicable codes enumerated in
this Ordinance, unless otherwise provided.
11.1.3: Rules Governing the Interpretation of Watershed Area Boundaries
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Protected
Streams, Watersheds and Wetlands Map, the following rules shall apply:
• Where area boundaries are indicated as approximately following either street, alley,
railroad or highway lines or centerlines thereof, such lines shall be construed to be said
boundaries.
• Where area boundaries are indicated, as approximately following lot lines, such lot lines
shall be construed to be said boundaries. However, a surveyed plat prepared by a
registered land surveyor may be submitted to the Town or Cornelius as evidence that one
or more properties along these boundaries do not lie within the watershed area.
• Where the watershed area boundaries lie at a scaled distance more than twenty-five feet
(25') from any parallel lot line, the location of watershed area boundaries shall be
determined by use of the scale appearing on the watershed map.
• Where the watershed area boundaries lie at a scaled distance of twenty-five feet (25') or
less from any parallel lot line, the location of watershed area boundaries shall be
construed to be the lot line.
• Where other uncertainty exists, the Watershed Administrator shall interpret the Town of
Cornelius Watershed & Environmental Features Map as to location of such boundaries.
This decision may be appealed to the Watershed Review Board.
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11.1.4: Application of Regulations
A. No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is
located.
B. No area required for the purpose of complying with the provisions of this ordinance shall
be included in the area required for another building.
C. If a use or class of use is not specifically indicated as being allowed in a watershed area, such
use or class of use is prohibited.
D. For the purpose of calculating built -upon area, total project area shall include total acreage
in the tract on which the project is to be developed. Land area which is below the 760-foot
contour line of Lake Norman may not be used in this calculation.
11.1.5: GENERAL REMEDIES
A. If any subdivision, development and/or land use is found to be in violation of this Ordinance,
the Town Board may, in addition to all other remedies available either in law or in equity,
utilize such remedies specified in Section 14.6 of this Code. In addition, the N.C.
Environmental Management Commission may assess civil penalties in accordance with G.S.
143-215.6(a). Each day that the violation continues shall constitute a separate offense.
B. If the Watershed Administrator finds that any of the provisions of this ordinance are being
violated, he shall notify in writing the person responsible for such violation, indicating the
nature of the violation, and ordering the action necessary to correct it. He shall order
discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings
or structures, or of additions, alterations or structural changes thereto; discontinuance of
any illegal work being done; or shall take any action authorized by this ordinance to ensure
compliance with or to prevent violation of its provisions. If a ruling of the Watershed
Administrator is questioned, the aggrieved party or parties may appeal such ruling to the
Watershed Review Board.
SECTION 11.2: EXCEPTIONS TO APPLICABILITY
11.2.1: General Provisions
• Nothing contained herein shall repeal, modify, or amend any Federal or State law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance
which these regulations specifically replace; nor shall any provision of this Ordinance
amend, modify, or restrict any provisions of the Code of Ordinances of the Town of
Cornelius; however, the adoption of this Ordinance shall and does amend any and all
ordinances, resolutions, and regulations in effect in the Town of Cornelius at the time
of the adoption of this Ordinance that may be construed to impair or reduce the
effectiveness of this Ordinance or to conflict with any of its provisions.
• It is not intended that these regulations interfere with any easement, covenants or
other agreements between parties. However, if the provisions of these regulations
impose greater restrictions or higher standards for the use of a building or land, then
the provisions of these regulations shall control.
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11.2.2: Lots Less Than One -Acre in Size
In the Lake Norman Critical Area, new development or redevelopment on parcels platted or
described by metes and bounds in a recorded deed prior to the adoption date of the Lake Norman
Watershed Protection Ordinance may be developed for non-residential or multi -family, high
density residential uses without having to comply with the typical built upon limitations, provided
the parcel is less than one acre in size and does not require an erosion/sedimentation control
plan under State law or approved local program. However, such development shall comply with
the following:
1. Subject to an approved plan, lots less than one acre in size shall not exceed eighty percent
(80%) of a combined total of existing and new built -upon area and should comply with the
Town of Cornelius Low Impact Development Policy.
2. This exemption shall not impact any requirement for storm water detention, buffers,
setbacks, or any other portion of this ordinance.
3. All development subject to this provision shall submit a conceptual plan to the Mecklenburg
County Land Use and Environmental Services Agency (LUESA) for review and approval prior
to formal engineering plan submittal.
11.2.3: Existing Development
Existing development as defined in this ordinance may be continued and maintained subject to
the provisions provided herein. Expansions to structures or modifications to plans classified as
existing development must meet the requirements of this ordinance; however, the built -upon
area of the existing development is not required to be included in the built -upon area calculations.
A. Exemption Dates. Lots recorded at the Register of Deeds prior to the dates listed in the chart
below are exempt from built upon requirements unless the recorded plat specifies differently.
Zonine Jurisdiction Lake Norman Critical Area Mtn Island Protected Area
Town of Cornelius September 20, 1993 September 20, 1993
Mecklenburg County June 20, 1994 March 8, 1993
B. Uses of Land. This category consists of uses existing at the time of adoption of this ordinance
where such use of the land is not permitted to be established hereafter in the watershed area
in which it is located. Such uses may be continued except as follows:
1. When such use of land has been changed to an allowed use, it shall not thereafter revert
to any prohibited use.
2. Such use of land shall be changed only to an allowed use.
3. When such use ceases for a period of at least one year, it shall not be re-established.
C. Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not
in conformance with the restrictions of this ordinance that has been damaged or removed
may be repaired and/or reconstructed, except that there are no restrictions on single family
residential development, provided:
1. Repair or reconstruction is initiated within twelve (12) months and completed within two
(2) years of such damage.
2. The total amount of space devoted to built -upon area may not be increased unless
stormwater control that equals or exceeds the previous development is provided.
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D. Exemption when existing uses are present and ongoing. This rule shall not apply to portions
of the riparian buffer where a use is existing and ongoing according to the following:
1. A use shall be considered existing if it was present within the riparian buffer as of the time
of adoption of this ordinance. Existing uses shall include, but not be limited to, agriculture,
buildings, industrial facilities, commercial areas, transportation facilities, maintained
lawns, utility lines and onsite sanitary sewage systems. Only the portion of the riparian
buffer that contains the footprint of the existing use is exempt from this rule. Change of
ownership through legal purchase or inheritance is not considered change of use.
Activities necessary to maintain uses are allowed provided that no additional disturbance
occurs in the buffer.
2. A use shall be considered as existing if projects or proposed development at a minimum
have established a vested right under North Carolina zoning law as of the effective date
of this rule, based on at least one of the following criteria:
a. Substantial expenditures of resources (time, labor, and money) based on good faith
reliance upon having received a valid local government approval to proceed with the
project.
b. Having an outstanding valid building permit in compliance with G.S. 153A-344.1 or
G.S. 160A-385.1.
c. Having and approved site specific or phased development plan in compliance with
G.S. 153A-344.1 or G.S. 160A-385.1.
d. Project requires a 401 Certification/404 Permit and these were issued prior to the
effective date of this rule.
SECTION 11.3: BUILT -UPON AREA AVERAGING
Built -upon area averaging (also known as density averaging) allows parcels located within the Town of
Cornelius corporate boundaries and extraterritorial jurisdictional limits that have been designated as a
Public Water Supply Watershed by the N.C. Environmental Management Commission to obtain additional
development rights through an increase in a site's built -upon -area ("BUA") by averaging the total BUA of
the developing lot (i.e. "receiving lot") with the total BUA of an undeveloped/less developed lot within
the same watershed and jurisdiction ("donating lot"). This is accomplished by transferring undeveloped
area on a donating lot to a receiving lot via a BUA Averaging Certificate, which includes a non -revocable
easement, metes and bounds description, and recorded plat(s) of the affected lots including the area(s)
to remain undisturbed. The BUA Averaging Certificate requires approval by the Watershed Review Board,
a sub -set of the Planning Board; for the purposes of this ordinance, the Planning Board may act as the
Watershed Review Board.
11.3.1 PURPOSE & ELIGIBILITY
A. Purpose: The purpose of this provision is to preserve open space in the more sensitive areas
of the watershed, and to ensure orderly and planned development throughout the
watershed.
B. Uses: All parcels are eligible to be a receiving lot or a donating lot.
C. Requirements: The following requirements must be met by all parcels:
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1. Ownership: Only the owner(s) of the participating parcels may submit a Built -Upon Area
Averaging Certificate application. Areas subject to easements, covenants, and/or
development restrictions not legally controlled by the owner may not be included as
donated parcel area; this includes right-of-way area.
2. Pre -Existing Variance: No parcel for which a watershed variance has been granted, or
would be required, may be included as a donating or receiving parcel.
3. Location: Participating parcels shall be located in the same water supply watershed. BUA
transfers may not occur between critical areas and protected areas. All parcels must be
located within the Town of Cornelius' planning jurisdiction.
4. Overall Area: The cumulative BUA of all participating parcels shall not exceed the BUA
that would be allowed if the parcels were developed separately under applicable
Ordinance standards.
5. Preservation: The donated area shall remain in an undisturbed vegetated or natural state.
Previously developed or graded lots may be used as donating parcels so long as the
donated area of the lot is revegetated in accordance with Section 9.9.6, Replacement of
Vegetation, of this Code. The donated area shall be irrevocable unless amended per the
requirements of this ordinance prior to the undertaking of any development activity on
the participating parcels.
6. Stormwater Design: All participating parcels must meet the applicable buffer and
engineered stormwater controls as outlined in the ordinance. For clarity any participating
parcels buffers shall at least meet the applicable, minimum ordinance requirements for
parcels located in water supply watersheds. For further clarity, development meeting
applicable high density requirements shall have on -site stormwater facilities and
development meeting applicable low density requirements shall transport stormwater
runoff by vegetated conveyances to the maximum extent practicable; all in accordance
with applicable ordinance requirements.
7. Design: Built -upon areas shall be designed and located to minimize stormwater runoff
impact to the receiving waters, minimize concentrated stormwater flow, maximize the
use of sheet flow through vegetated areas, and maximize the flow length through
vegetated areas.
11.3.2: PROCESS
A Built -Upon Area (BUA) Averaging Certificate shall be obtained from the Watershed Review Board to
ensure that all participating parcels considered together meet the standards of the ordinance, including
any standards and requirements on previously recorded subdivision plats, and that potential owners have
a record of how the watershed regulations were applied to each parcel.
A. Applicability: All participating parcels may be processed under a single BUA Averaging
Certificate application, and will be considered as one development for the purpose of
counting total built -upon -area. If approved by the Watershed Review Board, one BUA
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Averaging Certificate will be issued per application. Unless otherwise specified, the
application shall follow the rules and procedures specified by the Planning Board and Appeals
& Variances sections of this ordinance.
B. Process: The following steps outline the typical process for obtaining a BUA Averaging
Certificate. Note: Application preparation is considered an iterative process; an application
must be deemed complete by the Planning Director or designee, and all revisions addressed
in order for the request to be added to the next regularly scheduled Planning Board meeting
agenda for their consideration as the Watershed Review Board. Incomplete, improperly
formatted, or documentation errors may require revision prior to acceptance by the Planning
Director or designee.
1. Lot Identification: The applicant shall identify participating lots, prepare draft plats, and
complete a BUA Averaging Certificate Application.
2. Pre -Application Meeting: The applicant must set up an appointment with the Planning
Director or designee. At the initial meeting the Planning Director or designee will explain
the BUA averaging process and review with the applicant the appropriate ordinances,
documents, and plans relevant to the project. Additional meetings may be required prior
to application submission, as deemed necessary by the Planning Director or designee.
3. Submit Application & Fee: The applicant must submit the following documents (see the
Documentation section for further information):
■ Town of Cornelius BUA Averaging Certificate Application and Application Fee
■ Surveys of Existing Conditions
■ Existing Plats and Deeds
■ Metes & Bounds Description(s) (a metes and bounds description of the undisturbed
natural area, intended for recordation.)
■ Final Plats (Drafts)
■ Existing development materials (as applicable)
■ Preliminary Sketch Plan (if required)
4. Application Review: Staff will review the application and determine whether the
materials constitute a complete submittal. Application revisions, and additional meetings,
may be required by the Planning Director or designee prior to the application being
deemed complete. Once the application is determined to satisfy the requirements, the
request will be added to the next regularly scheduled Planning Board meeting agenda for
their consideration as the Watershed Review Board.
5. Watershed Review Board Decision: The Watershed Review Board shall issue a decision
within 31 days from the date they first meet to hear the request. The board shall make
written findings supported by appropriate calculations and documentation that the
participating parcels as a whole conform to the intent and requirements of this Section,
and that the proposed application and supporting documents assures protection of the
preserved area. The request must be consistent with adopted plans and/or policies,
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approved development plans, Cornelius Land Development Code requirements, and the
Watershed Review Board's determination based on these resources that the proposal
achieves an identified public interest.
6. Certificate Issued: If approved, the Town of Cornelius will issue a BUA Averaging
Certificate to the applicant. The BUA Averaging Certificate shall constitute the Watershed
Review Board decision, staff approval letter, and application documentation.
7. Document Submission: If approved by the Watershed Review Board, the applicant must
submit the following documents via the current Mecklenburg County online review
system:
■ Mecklenburg County Application
■ Final Plats and any applicable Deeds, Covenants or Conservation Easement documents
8. Plat Approval/Signature: Once approved in the current Mecklenburg County online
review system, the applicant must submit two (2) mylar copies of each plat in accordance
with the requirements of Section 13.8, Final Plat Requirements, of this Code for signature.
One mylar of each plat included in the application and filed with the Register of Deeds
must be provided to the Town of Cornelius for filing.
9. Amendment: If a BUA certificate is approved by the Watershed Review Board, no change
in the development proposal authorized for participating parcels shall be made unless the
certificate is amended by the Watershed Review Board.
11.3.3: DOCUMENTATION REQUIREMENTS
The following documentation shall be provided to constitute a complete Built -Upon Area (BUA) Averaging
Certificate application:
A. Administrative:
1. Town of Cornelius Application: A completed BUA Averaging Certificate Application
including a chart summarizing the existing and proposed BUA for all participating
properties.
2. Fee: A remitted fee in accordance with the fee schedule approved by the Town of
Cornelius Board of Commissioners.
B. Surveys: Surveys of all participating parcels showing current BUA and current maximum BUA
allowances, along with easements and/or development restrictions. The surveys must be
performed by a licensed surveyor.
C. Existing Plats & Deeds: Copies of the existing, registered plats and deeds for all participating
parcels.
D. Metes & Bounds Description (Donating Parcel): A metes and bounds description of the
undisturbed natural area intended for recordation. The description must specify any limits on
use and shall be recorded on the plat, in homeowner covenants (if applicable), and on the
donating parcel's individual deed and shall be irrevocable unless amended per the ordinance.
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E. Final Plats (Draft): Revised plats for all participating parcels. The plats must be in accordance
with the requirements of Section 13.8, Final Plat Requirements, of this Code. Additionally, the
plats must include:
1. Purpose Statement:
The purpose of this plat is to allocate xxxxx square feet of allowable built -upon area from
PID xxxxxxxx (donor parcel) to PID xxxxxxxx (receiving parcel). Each parcel is located within
the same watershed.
2. Site Data
Donor Parcel
Recipient Parcel
PID:
Total Site Area
Current Allowed Built -Upon Area for Parcel
Built -Upon Area Allocated
-
+
New Allowed Built -Upon Area
Existing Surveyed Built -Upon Area
Remaining Allowed Built -Upon Area
3. Metes/Bounds Description: Metes/bounds description(s) of designated undisturbed
natural area(s).
4. Designation in Perpetuity: A note that the natural area will remain undisturbed in
perpetuity.
5. BUA Averaging Certification on Plat: See Chapter 13.
F. Existing Development: If a participating parcel(s) is part of an existing development, then
the following documentation shall be provided:
1. Approved Stormwater Mitigation Plan: A storm water mitigation plan approved by
Mecklenburg County Storm Water Services, Water Quality Program, for the receiving
parcel based on the pathway pursued:
a. Buffer/Vegetative Conveyances: Must meet all applicable ordinance requirements for
parcels located in water supply watersheds.
b. Engineered Stormwater Controls: Must confirm the following:
- The effected BMP(s) has been designed to handle the additional BUA.
- All participating lots are in the same drainage basin.
- Verified as -built information of the existing, approved BMP.
- Sealed engineer calculations to prove existing and future compliance with the water
quality requirements based on the proposed BUA to be transferred.
2. Homeowner's Covenant Agreements: A draft of revised covenant documents reflecting
the additional BUA and other pertinent information for all affected parcels.
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SECTION 11.4: BUFFER AREA REQUIRMENTS
The following buffer requirements for all new development activities in the Lake Norman (LN-O) and
Mountain Island Lake (MIL-O) shall apply:
A. A minimum one -hundred foot (100') undisturbed buffer is required along the shoreline of Lake
Norman and along perennial streams for all new development activities that utilize the High
Impervious Cover Option; otherwise, a minimum fifty foot (50') undisturbed buffer is required.
Buffers are measured horizontally from the high water mark of impounded structures and from the
top of bank of streams.
B. An existing vacant lot platted prior to the effective date of this ordinance, regardless of whether or
not a vested right has been established, may be developed for single family residential purposes
subject to the buffer requirements.
C. No trees larger than two inches (2") in caliper are to be removed except for diseased trees. Trees
less than two inches (2") in caliper and undergrowth may be removed and replaced by an effective
stabilization and filtering ground cover utilizing Land Use and Environmental Services Agency
guidelines and as approved by Land Use and Environmental Services Agency and the Town of
Cornelius Planning Department. The Town of Cornelius may require enhancement of the existing
vegetation through the use of supplemental plantings in the buffer area, if necessary, to ensure that
the buffer area can properly and effectively perform its filtering and absorption functions, based
upon Land Use and Environmental Services Agency guidelines.
D. No permanent structures, impervious covers, septic tank systems or any other disturbance of
existing vegetation is allowed in the buffer except:
1. Water related structures and other structures such as flag poles, signs and security lights, which
result in only diminutive increases in impervious area.
2. Artificial stream bank or shoreline stabilization plans shall be submitted to the Land Use and
Environmental Services Agency for approval.
3. Public projects such as road crossings and greenways where no practical alternative exists.
(These activities should minimize built -upon surface area, direct runoff away from the surface
waters and maximize the utilization of stormwater Best Management Practices.)
E. Where stream buffers are also required in another section of this Code, the more stringent
requirement shall apply.
F. Diffuse Flow Requirement. Diffuse flow of runoff shall be maintained in the buffer by dispersing
concentrated flow and reestablishing vegetation. Techniques for providing diffuse flow are specified
in the Mecklenburg County Land Development Standards Manual.
1. Concentrated runoff from ditches or other manmade conveyances shall be diverted to diffuse
flow before the runoff enters the buffer.
2. Periodic corrective action to restore diffuse flow shall be taken by the property owner as
necessary to impede the formation of erosion gullies.
SECTION 11.5: PUBLIC HEALTH REGULATIONS
11.5.1: Public Health — General Provisions
No activity, situation, structure or land use shall be allowed within the watershed, which poses a
threat to water quality and the public health, safety and welfare. Such conditions may arise from
inadequate on -site sewage systems which utilize ground absorption; inadequate sedimentation
and erosion control measures; the improper storage or disposal of junk, trash or other refuse
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within a buffer area; the improper management of stormwater runoff; or any other situation
found to pose a threat to water quality.
11.5.2: Abatement
A. The Watershed Administrator shall monitor land use activities within the watershed areas
to identify situations that may pose a threat to water quality.
B. The Watershed Administrator shall report all findings to the Watershed Review Board. The
Watershed Administrator may consult with any public agency or official and request
recommendations.
C. Where the Watershed Review Board finds a threat to water quality and the public health,
safety and welfare, the Board shall institute any appropriate action or proceeding to
restrain, correct or abate the condition and/or violation.
SECTION 11.6: STORMWATER CONTROL
11.6.1: Stormwater Control Structures
A. All stormwater control structures shall be designed by a North Carolina registered
professional with qualifications appropriate for the type of system required; these
registered professionals are defined as professional engineers, landscape architects (to the
extent that the General Statutes, Chapter 89A allow) and land surveyors (to the extent that
the design represents incidental drainage within a subdivision, as provided in General
Statutes 89C-3(7)).
B. All stormwater controls shall use wet detention ponds as a primary treatment system unless
alternative stormwater management measures, as outlined in this Section, are used. Wet
detention ponds shall be designed for specific pollutant removal according to modeling
techniques approved by the State of North Carolina. Specific requirements for these
systems shall be in accordance with Mecklenburg County Land Development Standards and
with the following minimum design criteria:
1. Wet detention ponds shall be designed to remove eighty-five percent (85%) of total
suspended solids in the permanent pool and storage runoff from a one inch (1") rainfall
from the site above the permanent pool;
2. The designed runoff storage volume shall be above the permanent pool;
3. The discharge rate from these systems following the one inch (1") rainfall design storm
shall be such that the runoff does not draw down to the permanent pool level in less
than two (2) days and that the pond is drawn down to the permanent pool level within
at least five (5) days;
4. The mean depth of the permanent pool shall be a minimum of three feet (3');
5. The design shall assume full development (maximum allowed in accordance to
applicable zoning regulations) in the contributing drainage area;
6. The inlet structure shall be designed to minimize turbulence using baffles or other
appropriate design features;
7. Vegetative filters shall be constructed for the overflow and discharge of all storm water
wet detention ponds and shall be at least thirty feet (30') in length. The slope and width
of the vegetative filter shall be determined so as to provide a non -erosive velocity of
flow through the filter for a 10-year, 24-hour storm with a slope of five percent (5%) or
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less. Vegetation in the filter shall be natural vegetation, grasses or artificially planted
wetland vegetation appropriate for the site characteristics.
C. Alternative stormwater management systems, consisting of one treatment option or a
combination of treatment options, may be used. The design criteria for alternative systems
are as follows:
1. Alternative systems shall be designed to remove an average of eighty-five percent
(85%) of total suspended solids on an annual basis;
2. The discharge rate following the one inch (1") design storm shall be such that the
runoff draws down to the pre -storm design stage within five (5) days, but no less than
two (2) days or the post development peak discharge rate shall be equal to the
predevelopment rate for the one (1) year, 24-hour storm.
3. Meet the Town of Cornelius Low Impact Development (LID) Policy Guidelines.
D. Qualifying areas of the stormwater control structure may be considered pervious when
computing total built -upon area. However, if the structure is used to compute the
percentage built -upon area for one site, it shall not be used to compute the built -upon
area for any other site or area.
E. In addition to the vegetative filters required above, all land areas outside of the pond shall
be provided with a ground cover sufficient to restrain erosion within thirty (30) days after
any land disturbance. Upon completion of the stormwater control structure, a permanent
ground cover shall be established and maintained as part of the maintenance agreement.
An applicant seeking the high -impervious development option shall enter into a binding
Operation and Maintenance Agreement between Mecklenburg County and all interests in
the development. Said agreement shall require the owning entity to maintain, repair and,
if necessary, reconstruct the stormwater control structure in accordance with the
operation and maintenance plan or manual provided by the developer. The Operation and
Maintenance Agreement shall be recorded at the Mecklenburg County Register of Deeds.
F. A description of the area containing the stormwater control structure(s) shall be prepared
and recorded as a separate deed with the Mecklenburg County Register of Deeds along
with any easements necessary for general access to the stormwater control structure. The
deeded area shall include the stormwater control structure, vegetative filters, all pipes and
water control structures, berms, dikes, etc., and sufficient area to perform inspections,
maintenance, repairs and reconstruction.
11.6.2: Operation and Maintenance (O & M) Plan Required
Any stormwater control structure approved by the Town Board shall be predicated on the
developer, Mecklenburg County, and the Town entering into a binding Operation and
Maintenance (O & M) Plan. Said Plan shall require the owning entity (i.e. the developer or his
assigns) of the structure(s) to maintain, repair and, if necessary, reconstruct said structure(s) in
accordance with the Operation and Maintenance Plan provided by the developer to the Town.
Said Plan must be approved by Mecklenburg County and the Town Board prior to, or in
conjunction with, approval of the high -density option for said project.
A separate O & M plan must be provided by the developer for each stormwater control structure,
containing, at a minimum, what operation and maintenance actions are needed and will be
undertaken, what specific quantitative criteria will be used for determining when those actions
are to be taken, and who is responsible for such actions. The Plan shall be recorded in the
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Mecklenburg County Register of Deeds Office and shall clearly indicate what steps will be taken
for restoring a stormwater control structure to design specifications if a failure occurs.
Amendments to the Plan and/or specifications of the stormwater control structure(s) may only
be approved by the Town Board. Proposed changes shall be prepared by a North Carolina
registered professional with qualifications appropriate for the type of system designed and
submitted to the Town Board for approval. Such amendments shall be accompanied by all
information and fees prescribed in this Ordinance.
If the Town Board finds that the O & M Plan, once approved, is inadequate for any reason, the
Watershed Administrator shall notify the owning entity of any changes mandated by the Town
and a time frame in which changes to the Plan shall be made.
11.6.3: Posting of Financial Securities Required
All new stormwater control structures approved employing the high impervious cover option shall
be conditioned on the posting of adequate financial assurance for the purpose of constructing,
maintaining, repairing, or reconstructing said services.
A. If the Board of Commissioners approves the use of the high impervious cover option for a
particular project, it may do so only after the applicant has posted a surety bond, cash,
irrevocable letter of credit, or equivalent security, in an amount not less than one and one -
quarter (1.25) times the cost of constructing the necessary stormwater control structure(s).
Such financial security shall be paid to the Town and shall be in a form prescribed by the
Town. All construction costs shall be verified by the Town in consultation with other
agencies and the Town may assess the applicant for actual costs associated with such
verification. The total cost of the stormwater control structure shall include the value of all
materials such as piping and other structures, seeding and soil stabilization, design and
engineering, grading, excavation, fill, etc. The costs shall not be prorated as part of a larger
project, but rather shall be priced as an individual project.
B. Prior to said release, the applicant shall be required to establish an escrow account in an
amount equal to fifteen percent (15%) of the total construction cost or one hundred percent
(100%) of the cost of maintaining, repairing or reconstructing said structure over a twenty
(20) year period, whichever is greater. The estimated cost of maintaining the stormwater
control structure(s) shall be consistent with the approved O & M Plan provided by the
applicant.
11.6.4: Default
Upon default of the applicant to complete the stormwater control structure(s) as detailed in the
surety bond or other equivalent security, the Board of Commissioners may obtain and use all or
any portion of the funds necessary to complete the improvements based on actual construction
costs. The Board of Commissioners shall return any funds not spent in completing the
improvements to the owning entity.
Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the
stormwater control structure in accordance with the O & M Plan, the Board of Commissioners
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shall obtain and use any portion of the cash security posted to make necessary improvements
based on the actual costs borne by the Town to make such improvements.
11.6.5: Inspections
A. INSPECTIONS OF NEWLY CONSTRUCTED STORMWATER STRUCTURES
All new stormwater control structures shall be inspected by the Town or their
designated agents after the owning entity notifies the Watershed Administrator that all
construction has been completed. At this inspection the owning entity shall provide:
a. The signed deed, related easements and survey plat for the structure in a manner
suitable for filing with the Register of Deeds, if ownership of the stormwater control
structure(s) is to be transferred to another person, firm or entity. (This requirement
will be waived for any repair work when such deed has previously been filed.)
b. A certification by a professional engineer or landscape architect (to the extent
allowable by the General Statutes) stating that the stormwater control structure is
complete and consistent with the approved Plan and all specifications previously
stipulated by the Town.
When structural BMPs are required under the High Impervious Cover Option, approval will be
subject to developer compliance with Section 12.14.3 of this Ordinance, which requires a
maintenance guarantee for said BMP.
An occupancy permit shall not be issued for any building within the permitted development when
such building and associated impervious surface causes the entire development to exceed
twenty-four percent (24%) impervious area, until the stormwater control structure(s) has been
approved in a manner as herein prescribed.
B. ANNUAL INSPECTION OF STORMWATER STRUCTURES
All stormwater control structure(s) shall be inspected by the Town or their designated
agents on an annual basis to determine whether the structures are performing as designed
and intended. Records of inspection shall be maintained on forms approved or supplied
by the State of North Carolina. Annual inspections shall begin one (1) year after approval
of the stormwater control structure(s) or one year after the filing date of the deed for the
stormwater control structure(s). A copy of each inspection report shall be filed with the
Watershed Administrator.
2. In the event the Town's report indicates the need for corrective action or improvements,
the Watershed Administrator shall notify the owning entity of the needed improvements
and the date by which such improvements are to be completed. All improvements shall
be consistent with the adopted O & M Plan and specifications. Once such improvements
are made, the owning entity shall forthwith contact the Watershed Administrator and ask
that an inspection be made.
C. VEGETATION AND GROUNDS MANAGEMENT
1. Landscaping and grounds management shall be the responsibility of the owning entity of
said structure(s). Vegetation shall not be established or allowed to mature to the extent
that the integrity of the structure(s) is in any way threatened or diminished, or to the
extent of interfering with any easement of access to the structure.
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2. Except for routine landscaping and grounds maintenance, the owning entity shall notify
the Watershed Administrator prior to any repair or reconstruction of the structure. All
improvements shall be consistent with the approved Plan and specifications for that
structure. After notification by the owning entity, Town staff shall inspect the completed
improvements and inform the owning entity of any required additions, changes, or
modifications needed to complete said improvements. A time period for making such
changes shall also be stipulated by the Town. A fee, in accordance with the fee schedule
adopted by the Board of Commissioners, shall be charged the entity for each inspection
(or re -inspection).
11.6.6: Periodic Inspection and Fee
Inspection of all stormwater control structures shall be conducted: 1) after work on the
stormwater control structure is complete, 2) annually once the stormwater control structure(s)
has been approved by the Town, and 3) any time after improvements, modifications, or changes
to said structures have been made by the owning entity.
SECTION 11.7: ADMINISTRATION, ENFORCEMENT AND APPEALS
11.7.1: Watershed Administrator and Duties Thereof
The Town of Cornelius Planning Director shall be appointed as Watershed Administrator, who
shall be duly sworn in. It shall be the duty of the Watershed Administrator to administer and
enforce the provisions of this ordinance as follows:
A. The Watershed Administrator shall issue Watershed Protection Permits and Watershed
Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on
file and shall be available for public inspection during regular office hours.
B. The Watershed Administrator shall serve as clerk to the Watershed Review Board.
C. The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall provide copies of all amendments upon
adoption to the State of North Carolina.
D. The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full police
power of the Town of Cornelius. The Watershed Administrator, or his duly authorized
representative, may enter any building, structure, or premises, as provided by law, to
perform any duty imposed upon him by this Ordinance.
E. The Watershed Administrator shall keep a record of variances to the requirements of this
Chapter. This record shall be submitted for each calendar year to the State of North
Carolina on or before January 1st of the following year and shall provide a description of
each project receiving a variance and the reasons for granting the variance.
11.7.2: Appeal from the Watershed Administrator
Any order, requirement, decision or determination made by the Watershed Administrator may
be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the Watershed
Review Board within thirty (30) days from the date the order, interpretation, decision or
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determination is made. All appeals must be made in writing stating the reasons for appeal.
Following submission of an appeal, the Watershed Administrator shall transmit to the Board all
papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer from
whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him,
that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril
to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board or by a court of record on application of notice of the
officer from whom the appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties
and shall decide the same within a reasonable time. At the hearing, any party may appear in
person, by agent or by attorney.
11.7.3: Changes and Amendments to the Watershed Protection Ordinance
The Cornelius Board of Commissioners shall not adopt any amendment, addition, or deletion that
would cause these regulations to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission (EMC). All proposed amendments to this Chapter must
be filed with the N.C. Division of Environmental Management, N.C. Division of Environmental
Health, and the N.C. Division of Community Assistance for their review prior to adoption by the
Board of Commissioners. After review and approval, all amendments shall follow the procedures
outlined in Chapter 18 of this Ordinance.
11.7.4: Powers and Duties of the Watershed Review Board
The Planning Board shall be designated as the Watershed Review Board and shall be vested with
the responsibility to hear and approve all subdivisions and all site plans which utilize the high
impervious cover option. They shall also hear and decide upon all appeals to the decision of the
Watershed Administrator, and all variances to the provisions of these regulations.
11.7.5: Variances
The Watershed Review Board shall have the power to authorize, in specific cases, minor variances
from the terms of this Ordinance as will not be contrary to the public interests where, owing to
special conditions, a literal enforcement of this Ordinance will result in practical difficulties or
unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and
welfare secured, and substantial justice done. In addition, the Town of Cornelius shall notify and
allow a reasonable comment period for all other local governments having jurisdiction in the
designated watershed where the variance is being considered.
A. Applications for a variance shall be made on the proper form obtainable from the
Watershed Administrator and shall include the following information:
1. A site plan, drawn to a minimum scale of at least one (1) inch to forty (40) feet,
indicating the property lines of the parcel upon which the use is proposed; any existing
or proposed structures; parking areas and other built -upon areas; and surface water
drainage. The site plan shall be neatly drawn and indicate north point, name and
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address of person who prepared the plan, date of the original drawing, and an accurate
record of any later revisions.
2. A complete and detailed description of the proposed variance, together with any other
pertinent information which the applicant feels would be helpful to the Watershed
Review Board in considering the application.
3. The Watershed Administrator shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for consumption.
Such notice shall include a description of the variance being requested. Local
governments receiving notice of the variance request may submit comments to the
Watershed Administrator prior to a decision by the Watershed Review Board. Such
comments shall become a part of the record of proceedings of the Watershed Review
Board.
Before the Watershed Review Board may grant a variance, it shall make the four (4) findings
as specified in Chapter 16.6 B.
B. In granting the variance, the Board may attach thereto such conditions regarding the
location, character, and other features of the proposed building, structure, or use as it may
deem advisable in furtherance of the purpose of this ordinance. If a variance for the
construction, alteration or use of property is granted, such construction, alteration or use
shall be in accordance with the approved site plan.
C. The Watershed Review Board shall refuse to hear an appeal or an application for a variance
previously denied if it finds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
D. A variance issued in accordance with this Section shall be considered a Watershed
Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit for
such use is not obtained by the applicant within six (6) months from the date of the decision.
E. If the application calls for the granting of a major variance, and if the Watershed Review
Board decides in favor of granting the variance, the Board shall prepare a preliminary record
of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
1. The variance application;
2. The hearing notices;
3. The evidence presented;
4. Motions, offers of proof, objections to evidence, and rulings on them;
5. Proposed findings and exceptions;
6. The proposed decision, including all conditions proposed to be added to the permit.
F. The preliminary record shall be sent to the N.C. Division of Water Resources (DWR) for its
review as follows:
1. If the DWR concludes from the preliminary record that the variance qualifies as a major
variance and that (1) the property owner can secure no reasonable return from, nor
make any practical use of the property unless the proposed variance is granted, and (2)
the variance, if granted, will not result in a serious threat to the water supply, then the
DWR shall approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The DWR shall prepare a decision and send it to the
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Watershed Review Board. If the DWR approves the variance as proposed, the Board
shall prepare a final decision granting the proposed variance. If the DWR approves the
variance with conditions and stipulations, the Board shall prepare a final decision,
including such conditions and stipulations, granting the proposed variance.
2. If the DWR concludes from the preliminary record that the variance qualifies as a major
variance and that (1) the property owner can secure a reasonable return from or make
a practical use of the property without the variance or (2) the variance, if granted, will
result in a serious threat to the water supply, then the DWR shall deny approval of the
variance as proposed. The DWQ shall prepare a decision and send it to the Watershed
Review Board. The Board shall prepare a final decision denying the variance as
proposed.
11.7.6: Appeals from the Watershed Review Board
Appeals from the Watershed Review Board must be filed with the Superior Court within thirty
(30) days from the date of the decision. Decisions by the Superior Court will be in the manner of
certiorari.
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