WSMU_WAKE_WSWP Ordinance_20200911

EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.1 GENERAL PURPOSE AND INTENT 12
Erosion, Flood, Stormwater & Watershed Standards
12.1 GENERAL PURPOSE AND INTENT
12.1.1 FINDINGS OF FACT
A. Erosion and Sedimentation Control: The erosion of soil from unstabilized
development sites has adverse impacts on the condition of public and private
property, impairs the Town of Wake Forest Stormwater system, and causes
pollution and accelerated siltation of lakes, streams and other watercourses.
Pursuant to the North Carolina Sedimentation Pollution Control Act of 1973, as
amended, the Town of Wake Forest has been directed to implement an erosion and
sedimentation control program as outlined in this chapter.
B. Flood Damage Prevention: The flood prone areas within the jurisdiction of the
Town of Wake Forest are subject to periodic inundation which can result in loss of
life, property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures of flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare. These flood losses can be caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities and by
the occupancy in flood prone areas of uses vulnerable to floods or other hazards.
C. Stormwater Management: It has been determined that development and
redevelopment can alter the hydrologic response of local watersheds and increases
Stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, nonpoint and point source pollution, and sediment transport and
deposition, as well as reducing groundwater recharge. These changes in Stormwater
runoff contribute to increased quantities of water -borne pollutants and alterations
in hydrology which are harmful to public health and safety as well as to the natural
environment. These effects can be managed and minimized by applying proper
design and well -planned controls to manage Stormwater runoff from development
sites. Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act")
and federal Phase II Stormwater Rules promulgated under it, as well as rules of the
North Carolina Environmental Management Commission promulgated in response
to federal Phase II requirements, compel certain urbanized areas, including the
Town of Wake Forest, to adopt Stormwater controls such as those included in this
chapter.
D. Watershed Protection: The Legislature of the State of North Carolina has, in
NCGS 143-21, Watershed Protection Rules, directed local governmental units to
adopt regulations that meet or exceed the minimum requirements of NCGS 143-
214.5 and water supply watershed protection rules adopted by the State
Environmental Management Commission in order to protect the water supplies
throughout the state.
12.1.2 PURPOSE
A. Erosion and Sedimentation Control: The erosion and sedimentation control
regulations of this chapter are adopted for the purposes of regulating certain land -
disturbing activities to control accelerated erosion and sedimentation in order to
control water pollution from sedimentation, inhibit die accelerated erosion and
sedimentation of lakes and watercourses and prevent damage to public and private
property by erosion and sedimentation.
UNIFIED DEVELOPMENT ORDINANCE I Adopted July 16, 2013 12-1

121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.1 GENERAL PURPOSE AND INTENT
B. Flood Damage Prevention:
1. It is the purpose of this section to promote public health, safety, and general
welfare and to minimize public and private losses due to flood conditions
within the flood prone areas by provisions designed to:
a. restrict or prohibit uses that are dangerous to health, safety, and property
due to water or erosion hazards or that result in damaging increases in
erosion, flood heights or velocities;
b. require that uses vulnerable to floods, including facilities that serve such
uses, be protected against flood damage at the time of initial construction;
c. control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of
floodwaters;
d. control filling, grading, dredging, and all other development that may
increase erosion or flood damage; and
e. prevent or regulate the construction of flood barriers that will unnaturally
divert flood waters or which may increase flood hazards to other lands.
2. Specific objectives of the flood damage prevention provisions are as follows:
a. to protect human life and health;
b. to minimize expenditure of public money for costly flood control projects;
c. to minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
d. to minimize prolonged business losses and interruptions;
e. to minimize damage to public facilities and utilities
f. to help maintain a stable tax base by providing for the sound use and
development of flood prone areas; and
g. to ensure that potential buyers are aware that property is in a Special Flood
Hazard Area.
C. Stormwater Management: The purpose of this section is to protect, maintain and
enhance the public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of increased
post -development Stormwater runoff and nonpoint and point source pollution
associated with new development and redevelopment. This ordinance seeks to meet
its general purpose through the following specific objectives and means:
1. Establishing decision -making processes for development that protects the
integrity of watersheds and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -
development hydrologic response in their post -development state as
practicable for the applicable design storm in order to reduce flooding, stream
bank erosion, nonpoint and point source pollution and increases in stream
temperature, and to maintain the integrity of stream channels and aquatic
habitats;
3. Establishing minimum post -development Stormwater management
standards and design criteria for the regulation and control of Stormwater
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.1 GENERAL PURPOSE AND INTENT 12
runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and
use of structural stormwater BMPs that may be used to meet the
minimum post- development stormwater management standards;
5. Encouraging the use of better management and site design practices, such
as the use of vegetated conveyances for stormwater and the preservation
of greenspace and other conservation areas to the maximum extent
practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to ensure
that they continue to function as designed, are maintained appropriately,
and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
inspection of approved projects, and to assure appropriate long-term
maintenance.
D. Watershed Protection: The Watershed Protection regulations are established to
preserve and improve water quality and provide safe drinking water now and in the
future.
12.1.3 PERMITS REQUIRED
A. Land Disturbance (Erosion and Sedimentation Control) Permit: No person
shall undertake any land -disturbing activity for which a permit is required, as
specified by the erosion and sedimentation control provisions of this chapter, until
plans for controlling erosion associated with the activity have been reviewed and
approved in accordance with the procedures set forth in Section 15.7.2.
B. Floodplain Development Permit: A Town of Wake Forest Permit to develop in a
Flood Hazard Area (Floodplain Development Pemut), shall be required in
conformance with the provisions of this chapter and Section 15.7.3 prior to the
commencement of any development activities within Special Flood Hazard Areas
and Future Conditions Flood Hazard Areas.
C. Stormwater Approvals: Stormwater approval is required for all development and
redevelopment unless exempt pursuant to Section 12.5.1 _A.1. Stormwater approvals
pursuant to this chapter shall be granted as part of the Development Permit process
outlined in Section 15.6.1.
D. Watershed Development: A Development Permit shall be required, as outlined in
Section 15.6.11 indicating conformance with the watershed protection provisions of
this chapter prior to the commencement of development activities within the
Watershed Protection Overlay District.
12.1.4 REQUIRED CONFORMANCE TO THE MANUAL OF SPECIFICATIONS, STANDARDS
AND DESIGN (MSSD)
The Town of Wake Forest Manual of Specifications, Standards and Design (MSSD), as
amended, is herein incorporated by reference. Conformance to the MSSD is required in
addition to the standards in this ordinance.
UNIFIED DEVELOPMENT ORDINANCE I Adopted July 16, 2013 12-3

EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
121 122 APPLICABILITY
12.2 APPLICABILITY
12.2.1 APPLICABILITY BY DISTRICT
The various erosion control, flood damage prevention, stormwater management and
watershed protection provisions of this chapter apply according to the table below:
Type
GeographicRegulation ..
Erosion and Sedimentation
All Districts
12.3
Control Regulations
Flood Damage Prevention
Special Flood Hazard Areas and Future
Regulations
Conditions Flood Hazard Areas
12.4
(established in Section 12.4.1.C)
Stormwater Management
All Districts (subject to the provisions of
12.5, 12.7
Regulations
Section 12.5.1.A)
Watershed Protection
Watershed Protection Overlay Districts
12.6, 12.7
Regulations
(established in Section 2.4.5)
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
12.3.1 SCOPE AND EXCLUSIONS
The erosion and sedimentation control regulations of this article shall apply to land -
disturbing activity by any person or persons, including the town, as provided for below:
A. Applicability
1. A Land Disturbance Pemut shall be required for all land -disturbing of acre
(21,780 square feet) or more in surface area in accordance with Section 15.7.2
of this ordinance.
2. Single family lots being graded/built by the same builder/developer at the same
time within the same subdivision, whether they are contiguous or non-
contiguous, must obtain a Land Disturbance Permit if the total disturbance is
1/2 acre (21,780 square feet) or more in surface area.
3. The town may require a Land Disturbance Permit for land -disturbing activities
that are less than 1/2 acre (21,780 square feet) in surface area where sediment
control measures are needed to protect against off -site damages, in accordance
with Section 15.7.2 of this ordinance.
B. Compliance Required Regardless of Land Disturbance Permit Requirement:
Erosion control devices must be installed to prevent any offsite sedimentation for
any construction site regardless of the size of the land disturbance. Land -disturbing
activity for which a Land Disturbance Permit is not required must still comply with
the erosion and sedimentation control regulations of this article, unless specifically
excluded in Section 12.3.1.C, below.
C. Exclusions: This section shall not apply to the following types of land -disturbing
activity:
1. An activity which is essential to protect human life during an emergency.
2. Land -disturbing activities undertaken on established bona -fide farms for the
production of plants and animals, including but not limited to: forage and sod
crops, grain and feed crops, tobacco, cotton, and peanuts; dairy animals and
dairy products; poultry and poultry products; livestock, including the breeding
and grazing of any or all such animals; bees and apiary products; and fur
animals.
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 1
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
3. Land -disturbing activities undertaken on forestland for the production and
harvesting of timber and timber products and which are conducted in
accordance with Forest Practice Guidelines Related to Water Quality (best
management practices) as adopted by the North Carolina Department of
Environment and Natural Resources. A Tree Clearing Permit may be required
such activities as outlined in Section 15.7.1.
4. Land -Disturbing activities for which a permit is required under the Mining Act
of 1971, Article 7 of Chapter 74 of the General Statutes.
5. Land -Disturbing activities over which the State has exclusive regulatory
jurisdiction as provided in NCGS 113-56(a). Such activities include:
a. Land -Disturbing activities conducted by the State.
b. Land -Disturbing activities conducted by the United States.
c. Land -Disturbing activities conducted by persons having the power of
eminent domain.
d. Land -Disturbing activities conducted by local governments, except that the
Town of Wake Forest has declared that all the departments and agencies of
the town and its contractors and subcontractors must comply with the
regulations of this article according to Section 12.3.1.E, below.
e. Land -Disturbing activities funded in whole or in part by the County, State
or United States.
D. Affidavit For Exclusions: Except for exclusions in the event of an emergency, as
outlined in 12.3.1.C.1, the owner of the property will be required to file an
application for an exclusion and an affidavit stating the use of the property. The
Application for Exemption must be filed with the Administrator. The
Administrator must review and grant or deny the Application within 30 working
days, after receipt of the complete Land Disturbance Permit application (including
fees), and provide its decision in writing to the applicant. The erosion and
sedimentation control plan must be implemented according to schedule. Failure to
meet the conditions of the exemption constitutes a violation of the erosion and
sedimentation control regulations of this article and will be retroactive to the
granted date of the original exemption. If a complete Land Disturbance Permit
application package (including fees) is not received at initial submittal, the
application will be automatically disapproved.
E. Expressly Applied: The erosion and sedimentation control regulations of this
article shall expressly apply to all of the following land -disturbing activities:
1. Temporary access and haul roads, other than public roads, constructed or used
in connection with any land -disturbing activity are considered a part of such
activity.
2. When the person conducting the land -disturbing activity is also the person
conducting the borrow or waste disposal activity, areas from which borrow is
obtained and which are not regulated by the provisions of the Mining Act of
1971, and waste areas for surplus materials other than landfills regulated by the
North Carolina Department of Energy, Mineral, and Natural Resources:
Division of Solid Waste Management, or the Town of Wake Forest, will be
considered as part of the land -disturbing activity where the borrow material is
being used or from which the waste material originated. When the person
conducting the land -disturbing activity is not the person obtaining borrow
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
and/or disposing of the waste, these areas are considered a separate land -
disturbing activity.
3. Land -Disturbing activities connected with utility construction over which the
State does not have exclusive regulatory jurisdiction as provided in NCGS
113A-56(a).
F. Projects Conducted by the Town of Wake Forest: It is the intent of the town of
Wake Forest that all land disturbing activity conducted by the town shall comply
with the erosion and sedimentation control regulations of this article. Such projects
shall be bound by the provisions for compliance, applicability and exclusions set out
in Sections 12.3.1.A through 12.3.1.E.
12.3.2 EROSION & SEDIMENTATION CONTROL PLANS
A. Erosion and Sedimentation Control Plan Required: Any person engaged in
land -disturbing activity, who fails to file a plan in accordance with the erosion and
sedimentation control regulations of this article, or who conducts a land -disturbing
activity except in accordance with provisions of an approved plan will be deemed in
violation of the erosion and sedimentation control regulations of this section.
B. Erosion and Sedimentation Control Plan Content: Applications for a Land
Disturbance Permit must contain at least all of the information required for Land
Disturbance Permits in Section 15.7.2 of this ordinance and all of the items
specified on the application checklist. Detailed guidelines for plan preparation may
be obtained from the Administrator upon request.
C. Control Objectives: An erosion and sedimentation control plan may be
disapproved if the plan fails to adequately address the following control objectives:
1. Identify Critical Areas: On -site areas which are subject to severe erosion, and
off -site areas which are especially vulnerable to damage from erosion and/or
sedimentation, are to be identified and receive special attention.
2. Limit Time of Exposure: All land -disturbing activity is to be planned and
phased to limit exposure to the stabilization timeframes established in Section
12.3.3.E. The construction sequence shall explain the phasing in detail.
3. Limit Exposed Areas: All land -disturbing activity is to be planned and
conducted to minimize the size of the area to be exposed at any one time.
4. Mass Land Disturbing: In order to help maintain remaining town
topography, trees, buffers, and to limit exposed areas that are open at once,
mass land disturbing will not be allowed except in conformance with an
approved plan. For development over 20 acres in land disturbance area, phased
grading must be shown on the plans to limit the potential for soil erosion and
off site sedimentation.
5. Control Surface Water: Surface water runoff originating upgrade of exposed
areas should be controlled to reduce erosion and sediment loss during the
period of exposure via sediment control basins in accordance with NC
Sediment and Erosion Control Planning and Design Manual.
6. Control Sedimentation: All land -disturbing activity is to be planned and
conducted so as to prevent off -site sedimentation damage.
7. Manage Stormwater Runoff. Plans are to include measures to control the
velocity at the point of discharge so as to minimize accelerated erosion and
increased sedimentation of the site and stream. Such measures shall be in
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 1
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
accordance with this section, the NC Stormwater Best Management Practices
Manual, and the National Pollutant Discharge Elimination System.
D. Grounds for Disapproval: An erosion control plan may be disapproved upon
fording that an applicant, or any parent or subsidiary corporation (if the applicant is
a corporation):
1. Has not submitted a complete application, including the Land Disturbance
checklist.
2. Is conducting or has conducted land -disturbing activity without an approved
plan, or has received a notice of violation on a plan previously approved and
has not complied with the notice within the time specified in the notice.
3. Has failed to pay a civil penalty assessed pursuant to the North Carolina
Sedimentation Pollution Control Act or a local ordinance adopted pursuant to
the Act which is due and for which no appeal is pending.
4. Has been convicted of a misdemeanor pursuant to a NCGS 113A- 64(b) or any
criminal provision of a local ordinance adopted pursuant to the North Carolina
Sedimentation Pollution Control Act (An applicant's criminal record may be
considered for only the 2 years prior to the application date); or
5. Has failed to comply with State rules or local ordinances and regulations
adopted pursuant to the North Carolina Sedimentation Pollution Control Act
on properties located within Town of Wake Forest jurisdiction.
6. Owns neighboring property that is in violation of the erosion and
sedimentation control regulations of this ordinance, no permit shall be issued
until that violation is corrected.
E. Sale of Property: If the property associated with the approved plan is sold in whole
or in part before all conditions of the approved plan are met, the permit holder
must provide notice to the new owner/s of conditions of the Land Disturbance
Permit and provide the Town of Wake Forest with revised financially responsible
owner forms. The new owner(s) shall be required to attend a preconstruction
conference with the Administrator.
F. Effect of Approval
1. Until all construction is complete, all permanent erosion and sedimentation
control measures are installed, and the site has been stabilized, a copy of the
approved plan must be available and accessible on site in a weather proof
container. All NPDES, EPA, turbidity and other state laws must be followed.
Self -inspections of erosion control sites are required per NCGS 113A-54.1(e)
law 15ANCAC 04B.0131.
2. The Town of Wake Forest must forward to the Director of NCDWR Division
of Water Resources a copy of each plan for a land -disturbing activity that
involves the utilization of ditches for the purpose of de -watering or lowering
the water table of the tract.
G. Revised Plans: If the town, whether upon review of a plan or upon inspection of
the job site, determines that a significant risk of accelerated erosion or off -site
sedimentation exists, or the plan is inadequate to meet the requirements of this
article, the town may require a revised plan. Pending the approval of the revised
plan, work must stop or continue only under conditions outlined by the
Administrator.
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
12.3.3 STANDARDS
No land -disturbing activity subject to the control of this ordinance shall be undertaken
except in accordance with the following mandatory standards. Persons conducting land -
disturbing activities must take all reasonable measures to protect public and private
property from damage caused by such activities. Whenever conflicts exist between
federal, state, or local laws, ordinance, or rules, the more restrictive provision shall
apply. The town reserves the right to require preparation and approval of an erosion
control plan in any instance wherein extensive control measures are required.
A. Erosion Control Measure Must Conform to State Design Manual: All soil
erosion and sedimentation control plans and measures must conform to the
minimum applicable standards specified in North Carolina's Erosion and
Sedimentation Control Planning and Design Manual.
B. Fill Material: Unless a permit for the operation of a landfill from the North
Carolina Department of Environment and Natural Resources is on file for the
official site, acceptable fill material shall be free of organic or other degradable
materials, masonry, concrete and brick in sizes exceeding 12 inches, and any
materials which would cause the site to be regulated as a landfill by the State of
North Carolina.
C. Sediment To Be Held On Site: The person conducting the land -disturbing
activity shall install erosion and sedimentation control devices and practices that are
sufficient to retain the sediment generated by the land disturbing activity within the
boundaries of the tract during construction upon and development of said tract. All
land -disturbance is required to have silt fence on the low side of the lot and a
construction entrance with approved woven fabric that meets ASTM D 4632
standards.
D. Sediment Basins: Sediment basins shall have settling efficiency as outlined in the
North Carolina Erosion and Sediment Control Planning and Design Manual.
E. Stabilization Required: Stabilization shall be provided whenever land -disturbing
activities have ceased, or have temporarily ceased, on any portion of the site. In no
instance shall the time of exposure be greater than the stabilization timeframes
established by the following tables:
Type of Stabilization
Temporary Stabilization Must be completed within 14 days of any completed phase of grading
Permanent Stabilization I Must be completed within 10 days of competed project grading
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 1
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
NPDES St—ier DischargeP—il for Const.caon AdMties(NCGC7) NCDENR1Division (Wale, O..Ily
NEW STABILIZATION TIMEFRAMES
i Effective Aug 2011)
SITE AREA DESCRIPTION
STABILIZATION
TIMEFRAME EXCEPTIONS
OPerimeter d1i swales, ditches, slopes
7 days
None
High Quality Water (HOW) Zones
T days
None
Slopes steeperthan 3:1
7 days
If slopes are 10' or less in length and are
not steeper than 2:1, 14 days are allowed.
Slopes 3:1 flatter
14 days
7 days for slopes than 50' in length.
or
greater
All other areas with slopes flatter than 4:1
14 days
None, except for peri meters and HOW Zones.
F. Protection from Storm Required:
1. Falls Lake Watershed: Such erosion and sedimentation control measures,
structures, and devices must be so planned, designed, and constructed as to
provide protection from the calculated maximum peak rate of runoff from the
25-year storm. Runoff rates must be calculated using acceptable calculation
procedures.
2. All Other Watersheds: Such erosion and sedimentation control measures,
structures, and devices must be so planned, designed, and constructed as to
provide protection from the calculated maximum peak rate of runoff from 10-
year storm. Runoff rates must be calculated using the procedures in the USDA
Natural Resources Conservation Services "National Engineering Field Manual
for Conservation Practices", or other acceptable calculation procedures.
3. HQW Zones: In High Quality Water (HQW) zones the following design
standards shall apply:
a. Limit on Uncovered Areas: Uncovered areas in HQW zones shall be
limited at any time to a maximum of twenty acres within the boundaries of
the tract. Only the portion of the land disturbing activity within the HQW
zone shall be governed by this section. Larger areas may be uncovered
within the boundaries of the tract with the written approval of the
Administrator.
b. Maximum Peak Rate of Runoff Protection: Erosion and sedimentation
control measures, structures, and devices within HQW zones shall be
planned designed and constructed to provide protection from the runoff
of the twenty-five year storm which produces the maximum peak rate of
runoff as calculated according to the procedures in the United States
Department of Agriculture Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to
procedures adopted by any other agency of the state or the United States
or any generally recognized organization or association.
c. Settling Efficiency: Sediment Basins within HQW zones shall be designed
and constructed such that the basin shall be planned, designed, and
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.3 EROSION AND SEDIMENTATION CONTROL REGULATIONS
constructed so that the basin will have a settling efficiency of at least 70
percent for the 40 micron size soil particle transported into the basin by
the runoff of the two-year storm that produces an maximum peak runoff
as calculated according the procedures in the United State Department of
Agriculture and Soil Conservation Services "National Engineering Field
Manual for Conservation Practices" or according to procedures adopted by
any other agency of the State or the United States.
d. Grade: Newly constructed open channels in HQW zones shall be planned,
designed, and constructed with side slopes no steeper than two foot
horizontal to one foot vertical if a vegetative cover is used for stabilization
unless soil conditions permit steeper side slopes or where the side slopes
are stabilized by using mechanical devices, structural devices, or other ditch
liners sufficient to restrain accelerated erosion. The angle for side slopes
shall be sufficient to restrain accelerated erosion.
G. Slope and Fill Angles: The angle for graded slopes and fills may not be greater
than the angle that can be retained by vegetative cover or other adequate erosion
control devices or structures (typically 2:1)
12.3.4 RESPONSIBILITY FOR MAINTENANCE
A. Owner Shall Be Responsible for Maintenance: During the development of a
site, the financially responsible owner must install and maintain all temporary and
permanent erosion and sedimentation control measures as required by the approved
plan, any provision of this article, or state regulations. After site development, the
land owner, association or person in possession or control of the land must
maintain all necessary permanent erosion and sediment control measures, except
those measures installed within a road or street right-of-way or easement accepted
for maintenance by a governmental agency.
B. Maintenance Violations: It is a violation of the erosion and sedimentation control
regulations of this section for any persons, companies or corporations to leave mud,
dirt, dust or other material upon open public streets, sidewalks, greenways, other
travel ways or off site.
C. Inspections
1. The Administrator inspects land -disturbing activities to ensure compliance with
the North Carolina Sedimentation Pollution Control Act of 1973, as amended„
this ordinance, or rules or orders adopted or issued pursuant to this section,
and to determine whether the measures required in the Plan are effective in
controlling erosion and sedimentation resulting from land -disturbing activity.
Notice of the right to inspect shall be included in the certificate of approval of
each plan.
2. Erosion self -inspections must be conducted by each permit holder per NCGS
15A NCAC 04B .0131.
3. Stormwater self -inspections must be conducted by each permit holder per
NCG010000.
12.3.5 OPERATION IN LAKES OR NATURAL WATERCOURSES
Land disturbing activity in connection with construction in, on, over, or under a lake or
natural watercourse shall comply with the watercourse buffer requirements in Section
12.7, the requirements of the NC Division of Water Resources and the US Army Corps
of Engineers.
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.4 FLOOD DAMAGE PREVENTION
12.3.6 CONSTRUCTION BUFFER ZONES
A. Standard Buffer: All land -disturbing activity shall adhere to the watercourse buffer
requirements in Section 12.7. In addition, no land -disturbing activity during periods
of construction or improvement to land shall be permitted in proximity to a lake or
natural watercourse unless a watercourse buffer zone is provided along the margin
of the watercourse of sufficient width to confine visible siltation within the 25% of
the buffer zone nearest the land -disturbing activity.
1. Projects On, Over or Under Water. The construction buffer requirement
shall not apply to a land -disturbing activity in connection with the construction
of facilities to be located on, over, or under a lake or natural watercourse.
2. Construction Buffer Measurement: Unless otherwise provided, the width of
a buffer zone is measured horizontally from the edge of the water to the
nearest edge of the disturbed area, with the 25 percent of the strip nearer the
land -disturbing activity containing natural or artificial means of confining
visible siltation.
12.4 FLOOD DAMAGE PREVENTION
12.4.1 GENERAL PROVISIONS
A. Applicability: This section shall apply to all Special Flood Hazard Areas within the
jurisdiction, including Extra -Territorial Jurisdiction (ETJ), of the Town of Wake
Forest.
B. Exemptions
1. All new residential construction and substantial residential improvements
proposed on a parcel of land that has no buildable area outside the Special
Flood Hazard Area (SFHA), and that was recorded prior to May 2, 2006 shall
be permitted for development provided that all applicable provisions of this
ordinance area met.
2. All subdivisions approved prior to May 2, 2006, shall be exempted from the
requirements prohibiting the platting of lots located within the Special Flood
Hazard Area, provided the subdivision complies with the requirements in place
prior to May 2, 2006.
C. Establishment of Flood Hazard Areas
1. The Special Flood Hazard Areas are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and
FEMA in its Flood Insurance Study (FIS) and its accompanying Flood
Insurance Rate Maps (FIRM) for Wake County and Franklin County dated May
2, 2006 and April 16, 2013, which are adopted by reference and declared to be
a part of this ordinance.
a. For the purposes of the development of infrastructure listed in Section
12.4.1.D.2, Preliminary FIRM data may be used for design purposes,
Conditional Letters of Map Revision, and No -Rise analysis with
concurrence of the Floodplain Administrator for the floodplain
development permit. Letters of Map Change must be based on the
most recently adopted effective model approved by FEMA.
2. In addition, upon annexation to the Town of Wake Forest or inclusion in the
Extra -Territorial Jurisdiction (ETJ), the Special Flood Hazard Areas identified
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by the Federal Emergency Management Agency (FEMA) and/or produced
under the Cooperating Technical State agreement between the State of North
Carolina and FEMA as stated above, for the unincorporated areas of Wake
County and Franklin County, with accompanying maps and other supporting
data are adopted by reference and declared to be part of this ordinance.
3. A professional evaluation shall be provided of the potential changes in the
Special Flood Hazard Area elevation caused by the obstruction, encroachment,
alteration or relocation of areas identified to have flood hazard soils by Wake
County with a total drainage area of more than 5 acres.
D. General Development Restrictions: In general, no new development is allowed
in the Special Flood Hazard Areas unless one or more of the following are met:
1. The property/use is exempted from this requirement as identified in Section
12.4.1.13; or
2. The development is for roads, greenways, pedestrian crossings, park -related
equipment, or public utilities and facilities such as waste water, gas, electrical,
and water systems that are located and constructed to minimize flood damage.
Structures for pedestrian crossings (e.g., footbridges, etc.), playground
equipment, and other similar items may be permitted if the applicant provides
certification by a Professional Engineer, architect, or landscape architect that
these encroachments will not result in an increase in flood levels during the
base flood.
E. Warning and Disclaimer of Liability: The degree of flood protection required by
this ordinance is considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Floods larger than those considered by
this ordinance can and will occur on rare occasions. Actual flood heights may be
increased by man-made or natural causes. This ordinance does not imply that land
outside the Special Flood Hazard Areas or uses permitted within such areas will be
free from flooding or flood damages. This ordinance shall not create liability on the
part of the Town of Wake Forest or by any officer or employee thereof for any
flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
F. Definitions: Definitions specific to the application and administration of the
provisions for flood damage reduction in this section shall be indicated as such in
Chapter 17 with the parenthetical note "(Floodplxi 7 Development)". All other
terms in this section shall be defined according to their standard definition in
Chapter 17, or if not listed, shall have their everyday meaning as determined by their
dictionary definition.
12.4.2 PROVISIONS FOR FLOOD HAZARD REDUCTION
A. General Standards: In all Special Flood Hazard Areas the following provisions are
required:
1. All new construction and substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse, and lateral
movement of the structure.
2. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
3. All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damages.
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4. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
These include, but are not limited to, HVAC equipment, water softener units,
bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable
boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water
heaters, and electric outlets/switches.
5. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
6. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into flood waters.
7. Any alteration, repair, reconstruction, or improvements to a structure, which is
in compliance with the provisions of this ordinance, shall meet the
requirements of "new construction" as contained in this ordinance.
8. Nothing in this ordinance shall prevent the repair, reconstruction, or
replacement of a building or structure existing on the effective date of this
ordinance and located totally or partially within the floodway, non -
encroachment area, or stream setback, provided there is no additional
encroachment below the regulatory flood protection elevation in the floodway,
non -encroachment area, or stream setback, and provided that such repair,
reconstruction, or replacement meets all of the other requirements of this
ordinance.
9. New solid waste disposal facilities and sites, hazardous waste management
facilities, salvage yards, and chemical storage facilities shall not be permitted in
a Special Flood Hazard Area. No variances shall be granted for these facilities.
10. All subdivision proposals and other development proposals shall be consistent
with the need to minimize flood damage.
11. All subdivision proposals and other development proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
12. All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
13. All subdivision proposals and other development proposals shall have received
all necessary permits from those governmental agencies for which approval is
required by Federal or State law, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
B. Specific Standards and Restrictions: In all Special Flood Hazard Areas where
Base Flood Elevation (BFE) data has been provided and in Future Conditions
Flood Hazard Areas where Future Conditions Flood Elevations data has been
provided, the following additional provisions are required:
1. Residential Construction
a. New construction of or substantial improvements to any residential
structure (including manufactured homes) shall have the reference level,
including basement, elevated no lower than the regulatory flood protection
elevation.
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b. No proposed lot for development that is wholly or partly subject to
flooding shall be approved unless there is established on the final plat a
line representing an actual contour as determined by field survey of the
Special Flood Hazard Area elevation as determined by the Federal
Emergency Management Agency (FEMA) Special Hazard Area Maps.
Such a line shall be known and identified on the site plan or subdivision
plan and final plat as the "Development Restriction Floodline."
c. Subdivisions approved after May 2, 2006, may not plat lots for
development located within the Special Flood Hazard Area unless all of
the following exemptions are met:
i. The Special Flood Hazard Area affects a maximum area of 10% or less
of the total acreage of the subdivision;
ii. There is no reason for the formation of a homeowner's association
other than to retain ownership and maintenance responsibility for the
Special Flood Hazard Area (e.g., covenant, other common areas); and
iii. The Special Flood Hazard Area is placed in a permanent conservation
easement at plat recordation.
2. Non -Residential Construction: New construction and substantial
improvement of any commercial, industrial, or other non-residential structure
shall have the reference level, including basement, elevated no lower than the
regulatory flood protection elevation. Structures located in A, AE, and X
(Future) Zones may be floodproofed to the regulatory flood protection
elevation in lieu of elevation provided that all areas of the structure, together
with attendant utility and sanitary facilities, below the regulatory flood
protection elevation are watertight with walls substantially impermeable to the
passage of water, using structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of buoyancy. A Professional
Engineer, Professional Land Surveyor or Registered Architect shall certify that
the standards of this subsection are satisfied. Such certification shall be
provided to the Floodplain Administrator as set forth in Section 15.7.3.E along
with the operational and maintenance plans.
3. Elevated Buildings: In new construction or substantial improvements of
elevated buildings, fully -enclosed areas below the lowest floor shall conform to
the following standards:
a. Such enclosed areas shall not be designed or used for human habitation,
but shall only be used for parking of vehicles, building access, or limited
storage of maintenance equipment used in connection with the premises.
b. Access to the enclosed area shall be the minimum necessary to allow for
parking of vehicles (garage door) or limited storage of maintenance
equipment (standard exterior door), or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be finished
or partitioned into separate rooms, except to enclose storage areas;
c. Such enclosed areas shall be constructed entirely of flood resistant
materials below the regulatory flood protection elevation.
d. In Zones A, AE and X (Future), such enclosed areas shall include flood
openings to automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this requirement,
the openings must either be certified by a professional engineer or architect
or meet or exceed the following minimum design criteria:
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i. Provide a minimum of 2 flood openings on different sides of each
enclosed area subject to flooding;
ii. The total combined area of all flood openings must be at least one
square inch for each square foot of enclosed area subject to flooding,
iii. If a building has more than one enclosed area, each enclosed area
must have flood openings to allow floodwaters to automatically enter
and exit;
iv. The bottom of all required flood openings shall be no higher than one
foot above the adjacent grade;
V. Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions; and
vi. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined
above.
4. Additions: All additions must meet the applicable standards for new
construction.
5. Recreational Vehicles: Recreational vehicles shall either:
a. Be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use with up-to-date state inspection and tags (a
recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities, and
has no permanently attached additions); or
b. Meet all the requirements for new construction.
6. Accessory Structures: When accessory structures (sheds, detached garages,
etc.) are to be placed within a Special Flood Hazard Area, the following criteria
shall be met:
a. Accessory structures shall not be used for human habitation.
b. Accessory structures shall be constructed and placed on the building site so
as to offer the minimum resistance to the flow of floodwaters.
c. Flood openings to facilitate automatic equalization of hydrostatic flood
forces shall be provided below regulatory flood protection elevation in
conformance with Section 12.4.2.B.3.d.
d. Certification requirements: An accessory structure with a footprint less
than 150 square feet that satisfies the criteria outlined above does not
require an elevation or floodproofmg certificate. Elevation or
floodproofmg certifications are required for all other accessory structures
in accordance with Section 15.7.3.E.
7. Temporary Non -Residential Structures
a. Prior to the issuance of a floodplain development permit for a
temporary structure, the applicant must submit to the Floodplain
Administrator a plan for the removal of such structure(s) in the event
of a hurricane, flash flood or other type of flood warning notification.
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The following information shall be submitted in writing to the
Floodplain Administrator for review and written approval:
i. A specified time period for which the temporary use will be
permitted. Time specified may not exceed three (3) months,
renewable up to one (1) year;
ii. The name, address, and phone number of the individual
responsible for the removal of the temporary structure;
iii. The time frame prior to the event at which a structure will be
removed (i.e. minimum of 72 hours before landfall of a
hurricane or immediately upon flood warning notification);
iv. A copy of the contract or other suitable instrument with the
entity responsible for physical removal of the structure; and
v. Designation, accompanied by documentation, of a location
outside the Special Flood Hazard Area to which the structure
will be moved.
C. Standards for Floodplains Without Established Base Flood Elevations:
Within the Special Flood Hazard Areas designated as Approximate Zone A where
no Base Flood Elevation (BFE) data has been provided by FEMA, the following
provisions shall apply:
1. No encroachments, including fill, new construction, substantial improvements
or new development shall be permitted within a distance of 20 feet, each side,
from the top of bank or 5 times the width of the stream, whichever is greater,
unless certification with supporting technical data by a registered professional
engineer is provided demonstrating that such encroachments shall not result in
any increase in flood levels during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation shall be
determined based on one of the following criteria set in priority order:
a. If Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also
comply with all applicable provisions of this ordinance and shall be
elevated or in accordance with elevations established by the Floodplain
Administrator.
b. All subdivision, manufactured home park and other development
proposals shall provide Base Flood Elevation (BFE) data if development is
greater than 5 acres or has more than 50 lots/manufactured home sites.
Such Base Flood Elevation (BFE) data shall be adopted by reference to be
utilized in implementing this ordinance.
D. Floodway and Non -Encroachment Areas: Areas designated as floodways or
non -encroachment areas are located within the Special Flood Hazard Areas. The
floodways and non -encroachment areas are extremely hazardous areas due to the
velocity of floodwaters that have erosion potential and carry debris and potential
projectiles. The following additional provisions shall apply to all development
within such areas:
1. No encroachments, including fill, new construction, substantial improvements
and other developments shall be permitted unless it has been demonstrated
that:
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12.5 STORMWATER MANAGEMENT
a. the proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood, based on hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice and presented to the Floodplain Administrator prior to issuance of
floodplain development permit, or
b. if an increase in base flood will occur due to the proposed encroachments,
an evaluation of alternatives, which would not result in the base flood
increase, should be provided for review by the Floodplain Administrator
demonstrating why these alternatives are not feasible, upon approval by
the Floodplain Administrator, a Conditional Letter of Map Revision
(CLOMR) must be approved by FEMA. A Letter of Map Revision
(LOMR) must also be obtained upon completion of the proposed
encroachment.
2. If paragraph 1, above, is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this ordinance.
3. No manufactured homes shall be permitted, except replacements of existing
manufactured homes which meet the following provisions:
a. The anchoring and the elevation standards of Section 12.4.2.13.3.; and
b. The no encroachment standard of Section 12.4.2.D.1.
12.5 STORMWATER MANAGEMENT
12.5.1 GENERAL PROVISIONS
A. Applicability: The stormwater management regulations of this section shall apply
within the areas designated on the "Phase II Stormwater Map of Town of Wake
Forest, North Carolina" (Stormwater Map) with the following exemptions:
1. Exemptions: The following types of development and redevelopment shall be
exempt from the provisions of this ordinance, provided that they are not in the
Falls Lake Watershed and are not part of a large plan of common development
or sale:
a. Development or redevelopment that disturbs less than 1 acre;
b. All development or redevelopment in the RA-HC and UMX Districts;
c. Redevelopment in all districts with no increase in impervious coverage; and
d. All development or redevelopment of State or Federally owned properties.
2. Illicit Discharges and Connections: Notwithstanding the exemptions
granted above, the provisions regarding illicit discharges and connections in
Section 12.5.8 shall apply in all districts and for all types of development.
B. Concurrency with Clean Water Act: Activities that are exempt from the
permit requirements of Section 404 of the federal Clean Water Act, as specified
in 40 CFR 232 (primarily, ongoing farming and forestry activities), are exempt
from the stormwater management provisions of this section.
C. Concurrency with State Neuse River Basin Standards: All development
and redevelopment in the jurisdiction of this ordinance shall comply with the
standards of the Neuse River Basin: Nutrient Sensitive Waters Management
Strategy: Protection and Maintenance of Riparian Areas with Existing Forest
Vegetation, adopted as a permanent rule 1 August 2000 (15A NCAC 213.0233),
as amended.
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D. Deed Restriction or Covenants Required: The approval of a 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
plan.
E. Calculation Requirements: All stormwater calculations (runoff, pipe, ditch and
inlet sizing, outlet protection, and detention routing (if required)) shall be submitted
to the Administrator. Calculations shall consider inlet and outlet control, hydraulic
grade line and backwater as applicable. All detention facilities shall be designed to
attenuate developed condition peak discharges to the existing conditions for the
given storm as described in the Manual of Specifications, Standards and Design.
12.5.2 STANDARDS FOR LOW IMPERVIOUS SURFACE PROJECTS
Low impervious surface projects shall include those developments that have no more
than 24% built upon area for all residential and non-residential development. Total
project area shall include total acreage in the tract on which the project is to be
developed. Low impervious surface projects shall comply with each of the following
standards:
A. Runoff Transport: Stormwater runoff shall be transported by vegetated
conveyances to the maximum extent practicable.
B. Watercourse Buffers (Minimum Each Side): See Section 12.7
12.5.3 STANDARDS FOR HIGH IMPERVIOUS SURFACE PROJECTS
High impervious surface projects shall include those developments that have more
than 24% built upon area for all residential and non-residential development. Total
project area shall include total acreage in the tract on which the project is to be
developed. High impervious surface projects shall comply with each of the following
standards:
A. Runoff Volume: Stormwater control measures shall be installed that control and
treat the difference in stormwater runoff volume 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 24 hours, but not more than
120 hours
B. Suspended Solids: All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of 85% average
annual removal for Total Suspended Solids.
C. Design Criteria: General engineering design criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c), as explained in the Stormwater Best
Management Practice Manual published by the North Carolina Division of Water
Resources (hereafter referred to as "NC BMP Manual"), or as amended.
D. Impervious Surface Maximum: New development shall not exceed 70%
impervious surface on a project -by project basis. For the purpose of calculating the
impervious surface area, total project area shall include total acreage in the tract on
which the project is to be developed. The Administrator or approving authority may
reduce the impervious cover requirement at the time of plan approval based on
plans adopted for specific areas of the town or where it is impractical to meet
current requirements.
E. Watercourse Buffers (Minimum Each Side): See Section 12.7
12.5.4 ADDITIONAL STANDARDS FOR THE FALLS LAKE WATERSHED
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A Applicability: The requirements of this section shall apply within the Falls
Lake Watershed.
B. Nitrogen and Phosphorous Loading
1. Nitrogen and phosphorus loads contributed by the proposed new development
shall not exceed the following unit -area mass loading rates:
a. 2.2 pounds per acre per year for nitrogen, and
b. 0.33 pounds per acre per year for phosphorus.
2. Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this
ordinance that would replace or expand existing structures or improvements
and would result in a net increase in built -upon area shall have the option of
either meeting the loading standards identified in 12.5.4.13.1, above, or meeting
a loading rate that achieves the following nutrient loads from the net increase in
built -upon area:
a. 40% reduction for nitrogen, and
b. 77% reduction for phosphorus.
3. The developer shall determine the need for engineered stormwater controls to
meet these loading rate targets by using the accounting tool for nutrient loading
approved by the Environmental Management Commission for the relevant
geography and development type under review. The accounting tool is available
through the NC DWQ website at:
http://Vortal.ncdenr.org/web/mLq/12s/ni2s/faUslake.
C. Control and Treatment of Runoff Volume: Stormwater systems shall be
designed to control and treat the runoff generated from all surfaces by the first inch
of rainfall in the one-year, 24-hour storm event. The treatment volume shall be
drawn down pursuant to standards specific to each practice as provided in the
Design Manual. To ensure that the integrity and nutrient processing functions of
receiving waters and associated riparian buffers are not compromised by erosive
flows, stormwater flows from the development shall not contribute to degradation
of waters of the State. At a minimum, the development shall not result in a net
increase in peak flow leaving the site from pre -development conditions for the one-
year, 24-hour storm event.
D. Sediment Basin Design: Basins shall be planned, designed, and constructed so
that the basin will have a settling efficiency of at least 70 percent for the 40 micron
size soil particle transported into the basin by the runoff of the two-year storm that
produces an maximum peak runoff as calculated according the procedures in the
United State Department of Agriculture and Soil Conservation Services "National
Engineering Field Manual for Conservation Practices" or according to procedures
adopted by any other agency of the State or the United States.
E. Open Channels: Newly constructed open channels shall be planned, designed, and
constructed with side slopes no steeper than two foot horizontal to one foot
vertical if a vegetative cover is used for stabilization unless soil conditions permit
steeper side slopes or where the side slopes are stabilized by using mechanical
devices, structural devices, or other ditch liners sufficient to restrain accelerated
erosion. The angle for side slopes shall be sufficient to restrain accelerated erosion.
F. Partial Offset of Nutrient Control Requirements: Development subject to this
section shall attain nitrogen and phosphorus loading rate reductions on -site, as
determined by the Administrator, that meet the following criteria prior to using an
offsite offset measure:
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1. 30% or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than'/Z acre but less than 1 acre.
2. 50% or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than 1 acre.
3. 30% or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multifamily residential,
commercial and industrial development disturbing more than 12,000 square
feet but less than one acre.
4. 50% or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multifamily residential,
commercial and industrial development disturbing more than 1 acre.
G. Offset Payments: An applicant subject to this section may achieve the additional
reductions in nitrogen and phosphorus loading required by this section by making
offset payments to the NC Ecosystem Enhancement Program contingent upon
acceptance of payments by that program. Applicants may use an offset option
provided by the Town of Wake Forest. Applicants may propose other offset
measures to the Town of Wake Forest, including providing his or her own offsite
offset or utilizing a private seller. All offset measures permitted by this ordinance
shall meet the requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.
12.5.5 STANDARDS FOR STORMWATER CONTROL MEASURES
A. Evaluation According to NC BMP Manual
1. All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPs) required under this
ordinance shall be evaluated by the Administrator according to the policies,
criteria, and information, including technical specifications and standards and
the specific design criteria for each stormwater practice, in the Stormwater
Best Management Practice Manual published by the North Carolina Division
of Water Resources (hereafter referred to as "NC BMP Manual"). The
Administrator shall determine whether they will be adequate to meet the
requirements of this section as amended.
2. The NC BMP Manual includes a list of acceptable stormwater treatment
practices and the specific design criteria for each stormwater practice.
Stormwater treatment practices that are designed, constructed, and maintained
in accordance with the criteria and specifications in the NC BMP Manual will
be presumed to meet the minimum water quality and quantity performance
standards of this ordinance.
B. Relationship of NC BMP Manual to Other Laws and Regulations: If the
specifications or guidelines of the NC BMP 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 NC BMP Manual.
C. Changes to Standards and Specifications: If the standards, specifications,
guidelines, policies, criteria, or other information in the NC BMP Manual are
amended prior to the submittal of a complete application for approval pursuant to
this ordinance, the new information shall control and shall be utilized in reviewing
the application and in implementing this ordinance with regard to the application.
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D. Alternative Stormwater Control Measures: Whenever an applicant proposes to
utilize a practice or practices not designed and constructed in accordance with the
criteria and specifications in the NC BMP 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 Administrator may
require the applicant to provide such documentation, calculations, and examples as
necessary for the Administrator to determine whether such an affirmative showing
is made.
E. Dedications: The Town of Wake Forest, upon Board of Commissioners approval,
may accept dedication of any existing or future stormwater management facility for
maintenance, provided such facility meets all the requirements of this chapter and
the requirements for easements and dedications in Section 6.10.
F. Improvement Guarantees and Performance Securities: Improvement
guarantees and performance securities for the installation and maintenance of
required stormwater control structures shall be provided in accordance with Section
6.12.
12.5.6 OPERATION, MAINTENANCE AND INSPECTION
A. Function of BMPs As Intended: The owner of each structural BMP installed
pursuant to this ordinance shall maintain and operate it so as to preserve and
continue its function in controlling stormwater quality and quantity at the degree or
amount of function for which the structural BMP was designed.
B. Nuisance Conditions Prohibited: The owner of each stormwater BMP shall
maintain it so as not to create or result in a nuisance condition.
C. Annual Maintenance Inspection and Report: The person responsible for
maintenance of any structural BMP installed pursuant to this ordinance shall submit
to the Administrator an inspection report from a qualified inspector. All inspection
reports shall be on forms supplied by the Administrator. An original inspection
report shall be provided to the Administrator beginning one year from the date of
as -built certification and each year thereafter on or before the date of the as -built
certification.
D. Records of Maintenance Activities: The owner of each structural BMP shall keep
records of inspections, maintenance, and repairs for at least 5 years and shall submit
the same, upon reasonable request, to the Administrator.
E. Operation and Maintenance Agreement
1. Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this ordinance, and prior to issuance of any permit
for development or redevelopment requiring structural BMP pursuant to this
ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the
site, portions of the site, and lots or parcels served by the structural BMP. Until
the transference of 80% of all property, sites, or lots served by the structural
BMP, the original owner or applicant shall have primary responsibility for
carrying out the provisions of the maintenance agreement.
2. The operation and maintenance agreement shall require the owner or owners
to maintain, repair and, if necessary, reconstruct the structural BMP, and shall
state the terms, conditions, and schedule of maintenance for the structural
BMP. In addition, it shall grant to Town of Wake Forest a right of entry in the
event that the Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP; however,
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in no case shall the right of entry, of itself, confer an obligation on Town of
Wake Forest to assume responsibility for the structural BMP.
3. The operation and maintenance agreement must be approved by the
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the county Register of Deeds upon final plat
approval. A copy of the recorded maintenance agreement shall be given to the
Administrator within 14 days following its recordation.
F. Special Requirement for Homeowners' and Other Associations: For all
structural BMPs required pursuant to this ordinance and that are to be or are owned
and maintained by a homeowners' association, property owners' association, or
similar entity, the required operation and maintenance agreement shall include all of
the following provisions:
1. Acknowledgment that the association shall continuously operate and maintain
the stormwater control and management facilities.
2. Establishment of an account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction
of the structural BMPs. If structural BMPs are not performing adequately or as
intended or are not properly maintained, the Town of Wake Forest may remedy
the situation, and in such instances the Town of Wake Forest shall be fully
reimbursed from the account. Account funds may be spent by the association
for sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, provided that the Town of
Wake Forest shall first consent to the expenditure.
3. Prior to plat recordation or issuance of construction permits, whichever shall
first occur, the developer shall pay into the account an amount equal to 15% of
the initial construction cost of the structural BMPs. Two-thirds of the total
amount of sinking fund budget shall be deposited into the account within the
first 5 years and the full amount shall be deposited within 10 years following
initial construction of the structural BMPs. Funds shall be deposited each year
into the account. Any funds drawn down from the account shall be replaced in
accordance with the schedule of anticipated work used to create the sinking
fund budget.
4. The percent of developer contribution and lengths of time to fund the account
may be varied by the Town of Wake Forest depending on the design and
materials of the stormwater control and management facility.
5. Granting to the Town of Wake Forest a right of entry to inspect, momtor,
maintain, repair, and reconstruct structural BMPs.
6. Allowing the Town of Wake Forest to recover from the association and its
members any and all costs the Town of Wake Forest expends to maintain or
repair the structural BMPs or to correct any operational deficiencies. Failure to
pay the Town of Wake Forest all of its expended costs, after a reasonable time
to be determined by the Administrator, shall constitute a breach of the
agreement. The Town of Wake Forest shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the lien
hereby authorized by the agreement against the property, or both, in case of a
deficiency. Interest, collection costs, and attorney fees shall be added to the
recovery.
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 1
12.5 STORMWATER MANAGEMENT
7. A statement that this agreement shall not obligate the Town of Wake Forest to
maintain or repair any structural BMPs, and the Town of Wake Forest shall not
be liable to any person for the condition or operation of structural BMPs.
8. A statement that this agreement shall not in any way diminish, limit, or restrict
the right of the Town of Wake Forest to enforce any of its ordinances as
authorized by law.
9. A provision indemnifying and holding harmless the Town of Wake Forest for
any costs and injuries arising from or related to the structural BMP, unless the
Town of Wake Forest has agreed in writing to assume the maintenance
responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
G. Inspection Program
1. Inspections and inspection programs by Town of Wake Forest 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.
2. If the owner or occupant of any property refuses to permit such inspection, the
Administrator shall proceed to obtain an administrative search warrant
pursuant to NCGS 15-27.2 or its successor. No person shall obstruct, hamper
or interfere with the Administrator while carrying out his or her official duties.
H. Deed Recordation: The applicable operations and maintenance agreement
pertaining to every structural BMP shall be recorded with the county Register of
Deeds upon final plat approval. If no subdivision plat is recorded for the site, then
the operations and maintenance agreement shall be recorded with the county
Register of Deeds so as to appear in the chain of the title of all subsequent
purchasers under generally accepted searching principles.
I. Signage: Where appropriate, in the determination of the 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 by the owner so as to remain visible and legible
12.5.7 INSTALLATION OF STORMWATER INFRASTRUCTURE
A. New Subdivisions: Storm drainage systems in any new subdivision shall be the
sole responsibility of the developer and shall be provided and installed by the
developer in accordance with specifications of the Public Works and Utilities
Department.
B. Private Property- Other Than New Subdivisions
1. The town will participate with property owners in the installation of storm
drains crossing private property, other than in new subdivisions within the
town's corporate limits, under the following conditions:
a. The storm drain to be installed will carry storm drainage water discharged
from an existing town street ("Public" Water) or streets dedicated for
public street purpose and accepted for maintenance by the town.
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121 12.5 STORMWATER MANAGEMENT
b. The property owner(s) will furnish the town without cost a duly executed
good and sufficient easement, conveying to the town such perpetual right-
of-way determined by the Administrator and necessary for the installation
and maintenance of the storm drain, the form and sufficiency of such
easement to be determined by the Town Attorney. The town will not be
responsible for any shrubs, trees or structures within the right-of-way or
easement and permanent structures may not be built over the right-of-way.
c. At the time of the property owner's application to the town, the storm
drain system to be installed is to be located on property on which a
residential, commercial, or industrial building has existed for a period of 60
months and the desirability or necessity for such installation is not due to a
planned expansion or modification of such existing building nor to an
expansion or modification made to such existing building within a 60
month period prior to the date of such application.
d. The installation of the storm drainage system shall extend throughout a
dedicated easement to a natural watercourse or existing storm drain or
across the entire lot in the event there is no natural water course or existing
storm drain on the property.
e. The pipe, size, alignment, grade, length, discharge point, structural
accessories (such as manholes, headwalls, catch basins, junction boxes) and
other specifications shall be as determined by the Administrator.
2. In the event the pipe to be installed does not exceed the equivalent of 48" in
diameter, the town will furnish the necessary labor and equipment or cost
thereof, to install the storm drain and the property owner(s) shall furnish all
required pipe and all materials for structural accessories as specified by the
Administrator. The town will purchase on behalf of the property owner(s) such
pipe and materials upon the property owner(s) depositing in cash the cost of
the same. The following conditions shall apply:
a. Cost for each property owner shall be determined by dividing the total cost
of materials by the total footage of property owners adjoining the
proposed pipe location and multiplying the result by the footage of each
individual owner to determine his/her share of the cost.
b. Where the size of the pipe to be installed exceeds 48" in diameter, the
town shall determine the most feasible method of improving the ditch with
methods such as, but not limited to piping, paving banks, culverts;
concrete lining, rip rap, etc.
c. In such cases where the size of the pipe exceeds 48" in diameter, the
property owner(s) share of the cost shall not exceed the cost of all
materials and accessories for the installation of a pipe 48" in diameter.
3. It shall be the policy of the town to improve sections of open ditch in sufficient
length as determined by the Administrator.
4. The storm drainage within publicly dedicated easements shall be the entire and
sole property of the town upon completion.
5. If the property owner(s) desires that the town participate in the installation of a
storm drain, such property owner(s) shall execute and deliver to the town a
written application for such participation, together with a non-refundable
application fee to cover the cost of processing the application.
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 1
12.5 STORMWATER MANAGEMENT
6. Any construction to be done by the town under Section 12.5.7.13.2, above, of
this policy will be done on a low priority basis and shall be done on a scheduled
basis so as not to interfere with other public works projects of the town and as
budgeted funds are available. Projects will normally be budgeted in subsequent
fiscal year(s).
7. Storm drainage crossing private property which does not carry storm drainage
from an existing town street or streets dedicated for public street purposes and
accepted by the town for maintenance is the responsibility of the property
owner(s) and the town; therefore, will not participate in the installation.
C. Roadside Ditch Pipe: Once driveway or roadside ditch pipe is bought and
installed by a property owner abutting a street, the material remains the property of
the property owner. If the pipe is determined by the town to need replacing for any
reason, the town will remove the pipe from the ditch and leave it on site for the
property owner to dispose of. The abutting property owner will not be charged for
any pipe size increase nor will owner be given any credits.
12.5.8 ILLICIT DISCHARGES AND CONNECTIONS
A. Applicability: Notwithstanding the provisions of Section 12.5.1 _A above, the
following provisions for illicit discharges and connections to the Town of Wake
Forest stormwater system shall apply to all areas within the jurisdiction of this
ordinance.
B. Illicit Discharges: No person shall cause or allow the discharge, emission,
disposal, pouring, or pumping directly or indirectly to any stormwater conveyance,
the waters of the State, or upon the land in manner and amount that the substance
is likely to reach a stormwater conveyance or the waters of the State, any liquid,
solid, gas, or other substance, other than stormwater except as provided for in
paragraph 1, below.
1. Permitted Discharges: Non-stormwater discharges associated with the
following activities are allowed, provided that they do not significantly impact
water quality:
a. Water line flushing,
b. Landscape irrigation;
c. Diverted stream flows;
d. Rising ground waters;
e. Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
f. Uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air conditioning condensation;
j. Irrigation water;
k. Springs;
1. Water from crawl space pumps;
m. Footing drains;
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121 12.5 STORMWATER MANAGEMENT
n. Lawn watering;
o. Individual residential car washing;
p. Flows from riparian habitats and wetlands;
q. Dechlorinated swimming pool discharges;
r. Street wash water; and
s. Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by the State of North Carolina.
2. Prohibited Substances: Prohibited substances include but are not limited to:
oil, anti -freeze, chemicals, animal waste, yard debris, paints, garbage, and litter.
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 (title of the individual in charge of
managing accidental hazardous material releases in the local jurisdiction, such
as a municipal Fire Chief) of the release or discharge, as well as making any
required notifications under state and federal law. Notification shall not relieve
any person of any expenses related to the restoration, loss, damage, or any
other liability which may be incurred as a result of said spill or leak, nor shall
such notification relieve any person from other liability which may be imposed
by State or other law.
C. Prohibited Connections: Connections to a stormwater conveyance or stormwater
conveyance system that allow the discharge of non-stormwater, other than the
exclusions described in Section 12.5.8.B.1 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.
D. Amortization of Prohibited Connections
1. 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.
2. However, the one-year grace period shall not apply to connections which may
result in the discharge of hazardous materials or other discharges which pose
an immediate threat to health and safety, or are likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife, or
habitat. The Administrator shall designate the time within which such
connections shall be removed. In setting the time limit for compliance, the
Administrator shall take into consideration:
a. The quantity and complexity of the work,
b. The consequences of delay,
c. The potential harm to the environment, to the public health, and to public
and private property, and
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS 1 12
d. The cost of remedying the damage.
12.6 WATER SUPPLY WATERSHED PROTECTION REGULATIONS
12.6.1 WATER SUPPLY WATERSHED PROTECTION OVERLAY (FALLS LAKE, RICHLAND
CREEK AND SMITH CREEK)
A. Applicability: The following regulations shall apply to all parcels or portions of
parcel that fall within designated watershed areas as noted on the official zoning
map. Where the standards of these regulations differ from the base district (e.g.,
density, maximum impervious surface) these regulations shall take precedence.
B. Authority: These regulations are adopted pursuant to NCGS 143-214.5, as
amended, and the Water Supply Watershed Protection Rules established by the
North Carolina Environmental Management Commission.
C. Surface Water Classification: The regulations of this section apply according to
the surface water classification of the water supply watershed established by NC
DWR.
1. Water Supply IV (WS-IV) Surface Waters: WS-IV waters in the jurisdiction
of the Town of Wake Forest include Falls Lake and Richland Creek. WS-IV
waters are used as sources of water supply for drinking, culinary, or food
processing purposes where a WS-1,11 or III classification is not feasible.WS-IV
waters are generally in moderately to highly developed watersheds or Protected
Areas.
2. Water Supply II (WS-II) Surface Waters: WS-II waters in the jurisdiction of
the Town of Wake Forest include Smith Creek. WS-11 Waters are used as
sources of water supply for drinking, culinary, or food processing purposes
where a WS-1 classification is not feasible. WS-11 waters are generally in
predominantly undeveloped watersheds. All WS-11 waters are designated as
High Quality Waters (HQW) by supplemental classification.
D. Specific Standards by Water Supply Watershed Area: The following standards
shall apply to all mapped watershed areas and shall take precedence over the
underlying zoning district standards. In each watershed area the applicant may
choose whether to abide by the standards for the Low Impervious Surface
Option or the High Impervious Surface Option as outlined in the tables below:
1. Falls Lake Water SUPPIV
Watershed Class WS-I
Development
Single Family
Critical Area FL -CA
1 unit/2 acres
6%
Watershed Management
1 unit/acre
12%w/o municipal water & sewer OR 24%
Residential
Development
Area FL-WMA
with municipal water & sewer
Critical Area FL -CA
Follows base zoning
6%
12%w/o municipal water & sewer (Low
All Other Development
Watershed Management
Impervious Surface Option);
Area (FL-WMA)
Follows base zoning
24% with municipal water & sewer (Low
Impervious Surface Option): OR
70% (High Impervious Surface Option)*
2. Richland Creek Water Suppiv Watershed Class WS-IV
Development
Critical Area RC -CA 2 units/acre 24% Low Impervious Surface Option)
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.6 WATER SUPPLY WATERSHED PROTECTION REGULATIONS
Single Family
Follows base zoning
50% (High Impervious Surface Option)*
Watershed Management
Area RC-WMA
Follows base zoning
70% (High Impervious Surface Option)*
Residential
Development
All Other Development
Critical Area (RC -CA)
Follows base zoning
24% Low Impervious Surface Option)
50 /o (High Impervious Surface Option)
Watershed Management
Area RC-WMA
Follows base zoning
70% (High Impervious Surface Option)*
3. Smith Creek Water Supply Watershed Class WS-II
Development
Single Family
Critical Area (SC -CA)
1 unit/2 acres
6%
1 unit/2 acres
24% (High Impervious Surface Option)*
Residential
Watershed Management
1 unit/acre
12% (Low Impervious Surface Option)
Development
Area SC-WMA
30 /o (High Impervious Surface Option)*
Critical Area ( SC -CA)
Follows base zoning6%
24% (High Impervious Surface Option)*
All Other Development
Watershed Management
Follows base zoning
12% (Low Impervious Surface Option)
Area SC-WMA
30 /o (High Impervious Surface Option)*
*All high impervious surface options require municipal wver and sewer service
E. Watercourse Buffers (Minimum Each Side): See Section 12.7
F. Exceptions: All land in the Watershed Protection Overlay Districts shall be
developed in accordance with the requirements of this section except for the
following:
1. Development existing prior to the date indicated for each water suppler
watershed in the table below is exempt from these requirements, but
expansions to structures, other than single-family development, shall be treated
as new development and meet the requirements of this section. In these
instances, the built -upon area of the existing development is not required to be
included in the density or impervious surface area calculations for the
expansion.
SupplyWater Date
Falls Lake Water Supply Watershed July 1, 1993
Richland Creek Water Supply Watershed Aril 1, 2005
Smith Creek Water Supply Watershed July 1, 1993
2. Redevelopment or reconstruction of existing development is allowed if the
rebuilding activity does not have a net increase in built -upon area or provides
equal or greater storm water control than the previous development as allowed
by this section, except that there are no restrictions on single-family residential
development.
3. A deeded single-family lot owned by an individual prior to the date indicated
for each water suppler watershed in the table in Section 12.6.IT. 1 above,
provided it is developed for single-family use.
4. A non -conforming lot of record, not contiguous to any other lot owned by the
same party, provided it is developed for single-family use.
5. Any lot or parcel created as part of a family subdivision on or after the date
indicated for each water suppler watershed in the table Section 12.6.IT. 1 above,
provided it is developed for one single-f tinily detached residence and if it is
exempt from the subdivision regulations.
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.6 WATER SUPPLY WATERSHED PROTECTION REGULATIONS
G. Calculation of Impervious Area: For the purpose of calculating the impervious
surface area, total project area shall include total acreage in the tract on which the
project is to be developed. Impervious surface area includes any material which
reduces and prevents absorption of storm water into previously undeveloped land
such as roads, parking lots, paths, and recreation facilities such as tennis courts.
Impervious surface area does not include wooden slatted decks, the water area of a
swimming pool, or pervious or partially pervious paving material to the extent that
the paving material absorbs water or allows water to infiltrate through the paving
material and underlying substrate. Other pervious materials may be excluded from
the calculation of impervious area as provided by the North Carolina environmental
Management Commission Manual as amended.
H. Prohibited Uses: The following uses are prohibited in the Water Supply
Watershed Protection Overlay Districts:
1. Processing of mineral products;
2. Lumber mills and saw mills;
3. Processing of animal and vegetable products;
4. The storage of toxic and hazardous materials unless a spill containment plan is
implemented;
5. Landfills and discharging landfills;
6. Sites for land application of sludge/residuals or petroleum contaminated soils;
7. Discharges of sewage, domestic wastewater, industrial wastes, non -process
industrial wastes, or other wastes except as permitted by the Division of
Environmental Health, N.C. Department of Environment, Health and Natural
Resources or successor authority;
8. Any use determined by the Town of Wake Forest to be detrimental to the
quality of water in water supply watersheds by posing a threat of run-off,
leaching or other types of pollution.
I. Hazardous Materials
1. Existing and new industrial development shall maintain an inventory of all
hazardous materials used and stored on the premises; and, prepare a
spill/failure containment plan and implement safeguards against contamination;
and, encourage waste minimization and the appropriate recycling of materials.
2. New industrial development shall incorporate adequately designed, constructed
and maintained spill containment structures if hazardous materials are used,
stored or manufactured on the premises.
12.6.2 IMPERVIOUS SURFACE AVERAGING
A. Purpose: Impervious surface averaging allows development plans for 2
noncontiguous parcels to be submitted together and treated as a single project in
order to meet the requirements of this section. This option is intended to enhance
water supply watershed protection and provide greater development flexibility for
properties m Water Supply Watershed Protection Overlay Districts by allowing the
transfer of impervious area "credits" across parcels.
B. Limitations: In order to qualify for an impervious surface averaging allowance:
1. All other requirements of this ordinance must be met;
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.6 WATER SUPPLY WATERSHED PROTECTION REGULATIONS
2. The property from which the impervious area credits are taken must not have
been used in the calculation of impervious area allowance for an existing or
approved development project;
3. No parcel for which a watershed variance has been granted, or would be
required, may be included as a part of a parcel pair; and
4. The development proposal for the parcel pair shall conform to the intent and
requirements of this section, shall be consistent with the orderly and planned
distribution of development throughout the community, and shall assure
protection of the public interest.
C. Location
1. Parcels from which development "credits" are taken must be located in a
Watershed Protection Overlay District.
2. Parcels to which development "credits" are applied must be located within the
same water supply watershed as the paired -parcel.
D. Combined Impervious Surface Area Limit: The total amount of development
(impervious surface area) allowed for the paired parcels taken together cannot
exceed the amount of development that would be allowed if the parcels were
developed separately.
E. Overall Density Limit: Overall density of the paired -parcel, averaged -impervious
surface development, calculated either by dwelling units per acre or built upon area
shall not exceed the density that would be allowed if the parcels were developed
separately.
F. Runoff Volume: Peak flow must be controlled on the developing lot or project
using the acreage or area of the developing lot or project only, so as to minimize
drainage impact on downstream properties.
G. Stormwater Flow: Plans shall be designed to:
1. Minimize Stormwater runoff impact to the receiving waters by minimizing
concentrated Stormwater flow;
2. Maximize the use of sheet flow through vegetated areas;
3. Minimize impervious surface areas;
4. Locate development away from surface waters and drainage ways to the
maximum extent practicable; and
5. Where concentrated flow is unavoidable, convey Stormwater from developed
areas by vegetated swales to the maximum extent practicable.
H. Procedure for Approval
1. An impervious surface averaging allowance shall be conveyed as part of a
Development Permit, in accordance with Section 15.6.1. Only owners of both
of the paired parcels may submit an application for a development using an
impervious surface averaging allowance.
2. Included with the Development Pemut application shall be a site plan,
registered plats/sealed boundary survey for both properties, a description of
both properties, appropriate calculations and documentation of the proposed
impervious surface averaging agreement, and documentation indicating the
intent to convey the undeveloped parcel(s) or portion(s) thereof to the town.
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12.7 WATERCOURSE (RIPARIAN) BUFFER AREAS
3. If an impervious surface averaging allowance is granted as part of a
Development Permit, no change in the development proposal authorized for
either parcel shall be made unless the impervious surface averaging allowance is
amended and reapproved by the Administrator.
4. Before a Building Permit is issued, the undeveloped parcel(s) or portion(s)
thereof shall be deeded (fee simple and at no cost) to the Town of Wake Forest
and the town shall place a permanent conservation easement on the same, as
provided under NCGS 121-35, granted to the town, a land conservation
organization, or other entity capable of providing for the ongoing maintenance
of the undeveloped property. No such agreement shall be accepted without
approval of the Town Attorney as to the legal sufficiency of the documents
involved.
5. Once ownership of such land is conveyed, a plat showing the properties and
conservation easements involved in the development, and outlining the
impervious surface averaging requirements associated with the parcel pair must
be reviewed, approved, and recorded prior to the issuance of the building
permit.
I. Agreements Shall Continue Indefinitely: Applicants shall agree to bind
themselves and their successors in title, individually and collectively, to maintain the
pattern of development proposed for so long as the requirements of this section are
applicable. Parties to enforcement of such agreement shallinclude the town.
12.7 WATERCOURSE (RIPARIAN) BUFFER AREAS
It is the intent of this section to seek to maximize retention of the natural beauty of vegetation along
creeks, streams, rivers, and lakes, and other bodies of water while simultaneously providing for the
retention of surface water run-off from areas adjacent to these natural and/or built features, resulting in a
net reduction of pollutants that enter these water features.
12.7.1 ESTABLISHMENT OF BUFFERS
A. Applicability: All protected drainageways and surface waters shall have riparian
buffers directly adjacent to such surface waters of the width specified in 12.7.2
below. When multiple watercourse buffer standards apply, the more stringent
standard shall dictate.
B. Location of Buffers
1. For the purposes of this section, intermittent streams, perennial streams, upper
watershed drainageways that drain more than 5 acres, water supply
impoundments, lakes, ponds and wetlands shall be deemed to be present if the
feature is indicated on the most recent versions of the following:
a. United States Geological Survey 1:24,000 scale (7.5 minute quadrangle)
topographic maps;
b. A soil survey map prepared by the Natural Resources Conservation Service
of the United States Department of Agriculture;
c. The North Carolina Division of Water Resources (NCDWR) identification
methodology for determination of perennial and intermittent streams; or
d. Other site -specific evidence.
2. Wetlands may also be identified, as either a bordering or isolated wetland, using
the 1987 Corp of Engineers technique and/or supplemental Corps -approved
methodology.
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121 EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.7 WATERCOURSE (RIPARIAN) BUFFER AREAS
3. In order to determine the amount of land drained by an upper watershed
dramageway, USGS or Wake County topographic maps may be used.
4. Where obvious conflicts between actual field conditions and USGS and county
soil survey maps exist, appeals may be made to the Administrator or, for
appeals related to Neuse River Basin buffer requirements, the North Carolina
Division of Water Resources.
5. All surface waters shall be determined by a qualified professional using the
most recent version of Identification Method for the Origins of Intermittent
and Perennial Streams and verified by qualified Town Staff and/or the NC
Division of Water Resources.
C. Buffer Measurement: The width of each required riparian buffer shall be
measured perpendicular to the banks of the protected drainageway, beginning at the
most landward limit of the top of bank.
12.7.2 WATERCOURSE BUFFER TABLES
A. General Buffers
The following watercourse buffer standards shall apply for all
development projects.
Surface Water Features
Zonel Buffer Zone 2 Buffer Additional Standards
1. Intermittent and Perennial Streams (not
30 ft 20 ft
subject to Neuse River Buffer Rules)
See Section 12.7.3
10 ft Not re uired
2. Wetlands
When located in the Falls Lake, Richland Creek or Smith Creek
B. Watershed Protection District Buffers
Water Supply Watersheds (both the Critical Area & Watershed
Management Area), the following watercourse buffer standards
shall apply.
Surface Water Features
Zonel Buffer
Zone 2 Buffer
Additional Standards
1. Intermittent Stream
50 ft
All buildings and
2. Perennial Stream
50 ft
w/ Low Impervious Surface Option)
structures shall be set
back a minimum 10 ft
3. Perennial Stream
100 ft
w/ High Impervious Surface Option)
Not required
from the edge of any
4. Upper Watershed Drainageway
25 ft
required buffer.
drains more than 5 acres
See Section 12.6 and
12.7.3
5. Water Supply Impoundment
100 ft
6. WS-II Streams (Smith Creek), WS-III & WS-IV
100 ft
Streams Falls Lake & Richland Creek)*
*Excludes tributaries
Neuse River Basin Buffers
All intermittent streams, perennial streams, water
supply impoundments, lakes and ponds
When located in the Neuse River Basin, the state regulations for
water management as outlined in 15 A NCAC 213.0233 shall amp
All buildings and
structures shall be set
back a minimum 10 ft
30 feet min. 20 feet min. from the edge of any
required buffer.
See Section 12.7.3
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EROSION, FLOOD, STORMWATER & WATERSHED STANDARDS
12.7 WATERCOURSE (RIPARIAN) BUFFER AREAS
D. Delineation of Buffer Zones
1. Zone 1: Zone 1 begins at the
top of bank for intermittent
streams and perennial streams
and extends landward on all
sides of the water body. For all
other water bodies, Zone 1
begins at the top of bank or
mean high water line. Zone 1 is
an undisturbed area of
vegetation.
2. Zone 2: Zone 2 begins at the
outer edge of Zone 1 and
extends landward. Zone 2
consists of a stable vegetated
area that may be graded and
revegetated provided that the
health of vegetation in Zone 1 is
not compromised.
12.7.3 WATERCOURSE BUFFER STANDARDS
SIDE VIEW
zFoNE2 ZONE 1f�l-�ZONE ,# zF2
I� Top of ✓I
Z Bank
ZONE2 ZONE, `.2ON$1 ZONE2
OVERHEAD VIEW
A. Permitted Uses in Watercourse Buffers: All required buffers shall remain natural
and undisturbed except as allowed by NRRB Rules, as amended, or as may be
necessary to accommodate any of the uses pemutted in 15 A NCAC 2B.0233.
These activities shall minimize built -upon surface area, direct run-off away from the
surface waters and maximize the utilization of best management practices (BMP's).
B. Additional Neuse River Buffer Standards: The Neuse River regulations of this
section and 15 A NCAC 2B.0233 shall not apply to riparian buffer areas with
existing and ongoing uses established as of July 27, 1997. Existing forest vegetation
of any width present after this date must be protected and maintained in accordance
with the Neuse River regulations of this section and 15 A NCAC 2B.0233.
C. Buffers to be Shown on Plans: All required watercourse buffers shall be shown
on all approved site plans and subdivision plans. Where designated by the
Administrator, the placement of signs may be required to relay the buffer protection
requirements to the public.
D. Exclusion of Watercourse Buffer Areas from Lots: Single-family lots created
through a site and/or subdivision plan shall not be platted into a watercourse buffer
area except through the approval of the Administrator when all of the following
conditions are met:
1. The subdivision is limited in size and has no homeowners association;
2. There is no other reason for the formation of a homeowners association (e.g.,
covenant, other common areas, engineered stormwater control structures);
3. The buffer is placed in a permanent conservation or other legal instrument
dedicated to the town or other approved conservation or governmental entity
(required documents must be provided prior to recordation of the plat for the
impacted area).
UNIFIED DEVELOPMENT ORDINANCE I Adopted July 16, 2013 12-33