HomeMy WebLinkAboutNCS000488_Self Audit_20210217MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
CONSTRUCTION SITE RUNOFF PROGRAM AUDIT REPORT
NPDES PERMIT NO. NCS000488
WEAVERVILLE, NORTH CAROLINA
30 South Main Street
Weaverville, NC 28787
Audit Date: January 19, 2021
Report Date: March 16, 2021
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 9th floor
1612 Mail Service Center
Raleigh, NC 27699-1612
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
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Audit Date: January 19, 2021
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
TABLE OF CONTENTS
AuditDetails..................................................................................................................................................1
PermitteeInformation..................................................................................................................................2
SupportingDocuments.................................................................................................................................3
Construction Site Runoff Controls................................................................................................................4
DISCLAIMER
This audit consists of an evaluation of program compliance with the issued permit and implementation of
the approved Stormwater Management Plan. This audit report does not include a review of all program
components, and program deficiencies in addition to those noted may be present. The permittee is
required to assess program progress and permit compliance, and to implement the approved Storm water
Management Plan in accordance with the issued permit.
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Audit Date: January 19, 2021 ii
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Audit Details
Audit ID Number:
Audit Date(s):
NCS000448_Weaverville MS4 Audit_20201112
January 19, 2021
Minimum Control Measures Evaluated:
❑ Program Implementation, Documentation & Assessment
❑ Public Education & Outreach
❑ Public Involvement & Participation
❑ Illicit Discharge Detection & Elimination
❑ Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program
❑X Construction Site Runoff Controls — Delegated Sediment and Erosion Control Program
❑ Post -Construction Site Runoff Controls
❑ Pollution Prevention and Good Housekeeping for Municipal Operations
❑ Total Maximum Daily Loads (TMDLs)
Field Site Visits:
❑ Municipal Facilities. Number visited: Choose an item.
❑ MS4 Outfalls. Number visited: Choose an item.
❑ Construction Sites. Number visited: Choose an item.
❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
❑ Other: Number visited: Choose an item.
Inspector(s) Conducting Audit
Name. Title
Orsanization
Jennifer Jackson, Town Attorney
Town of Weaverville
Kathleen Balaze, Staff Professional
WithersRavenel
Lars R. Hagen Jr., Vice President, Director of Operations —
WithersRavenel
Public Sector
Audit Report Author:
Date:
3/1ti/2021
Signature
Audit Report Author:
Date:
3/16/21
Signature 4�)�q
Audit Report Au or:
Date
Signatur
M
Audit Date(s): January 19, 2021 Page 1 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Permittee Information
MS4 Permittee Name:
Town of Weaverville
Permit Effective Date:
February 20, 2017
Permit Expiration Date:
February 19, 2022
City, State, ZIP: Weaverville, NC 28787
Date of Last MS4 Inspection/Audit:
None
Co-permittee(s), if applicable:
N/A
Permit Owner of Record: Jared T. Duncan
Primary MS4 Representatives Participating in Audit
Name, Title
Organization
Jennifer Jackson, Town Attorney
Town of Weaverville
Dale Pennell, Public Works Director
Town of Weaverville
James Eller, Planning Director
Town of Weaverville
Victoria Hoyland, Stormwater
Administrator
Buncombe County
W. Jason Guess, Erosion Control Officer
Buncombe County
MS4 Receiving Waters
Waterbody
Classification
Impairments
Reems Creek
C.
None Known
Gill Branch
C
None Known
UT of Lake Louise
C
None Known
Audit Date(s): January 19, 2021 Page 2 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Supporting Documents
Item When Provided
Number Document Title (Prior to/During/After)
Buncombe County Code of Ordinance - Chapter 26, Article 5 — Soil Erosion and
Prior to
Sedimentation Control
Fee Schedule I After
Audit Date(s): January 19, 2021 Page 3 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Construction Site Runoff Controls
Staff Interviewed:
Jennifer Jackson, Town Attorney, Town of Weaverville
(Name, Title, Role)
Dale Pennell, Public Works Director, Town of Weaverville
W. Jason Guess, Erosion Control Officer, Buncombe County
Program Delegation Status:
❑X The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit
citation and SPCA citation sections).
❑ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply
with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure
(complete only the permit citation section).
Permit Citation Program Requirement Status
Supporting
Doc No.
II.E.3 Construction
Site Runoff Controls The permittee provides and promotes a means for the public to notify the
(NPDES Permit No. appropriate authorities of observed erosion and sedimentation problems (e.g., Partial
NCS000435J promoting the existence of the DEQ DEMLR "Stop Mud" hotline).
Comments (Describe how provided and promoted)
The Town of Weaverville does not maintain a stormwater web page and does not link to the County web page. Buncombe County
maintains an erosion control web page that has contact information, links the applicable ordinance, and information for developers
at https://www.buncombecounty.org/governing/depts/planning/erosion.aspx
SPCA Citation
Delegated Program Requirement
Status
Supporting
Doc No.
§ 113A-60 Local
erosion and
The permittee has adopted an ordinance or other regulatory mechanism to enforce
Partial
sedimentation
the erosion and sedimentation control program.
control programs (a)
If yes, the ordinance meets or exceeds the minimum requirements of the
SPCA.
Partial
If yes, the ordinance applies throughout the corporate limits of the permittee.
[Permit Part I.D]
Partial
_
Comments (Provide regulatory mechanism reference or Supporting Documentation number)
Buncombe County performs Sedimentation and Erosion Control for the Town under the County's Ordinance - Chapter 26, Article 5 —
Soil Erosion and Sedimentation Control. Erosion control permits are required for projects that will disturb 1 acre or more. Buffer
and ground cover requirements are also specified. While Buncombe County has performed Sedimentation and Erosion Control for
Weaverville for some time, a legal agreement was not located.
§ 113A-60 Local
erosion and
The permittee collects a fee paid by each person who submits an erosion and
sedimentation
sedimentation control plan.
Yes
control programs (d)
Audit Date(s): January 19, 2021 Page 4 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Construction Site Runoff Controls
Comments (indicate the fee amount, if applicable)
Buncombe County requires erosion control permits and collects $525/acre for those permits.
§ 113A-60 Local
Has any person initiated a land -disturbing activity (within the permittee's
erosion and
jurisdiction) for which an erosion and sedimentation control plan is required in the
Yes
sedimentation
absence of an approved plan?
control programs (e)
If yes, the permittee has notified the North Carolina Sedimentation Control
Commission of all such cases.
Yes
Has the permittee determined that a person engaged in a land -disturbing activity
has failed to comply with an approved erosion and sedimentation control plan?
Yes
---
If yes, has the permittee referred any such matters to the North Carolina
Sedimentation Control Commission for inspection and enforcement?
Yes
---
Comments
Buncombe County supplies monthly report to State that describe all sedimentation and erosion control permitting and NOVs.
§ 113A-61 Local
The permittee reviews each erosion and sedimentation control plan submitted to
approval of erosion
them and notifies the person submitting the plan that it has been approved,
Yes
---
and sedimentation
approved with modification, or disapproved within 30 days of receipt.
control plans
The permittee only approves an erosion and sedimentation control plan upon
determining that it complies with all applicable State and local regulations.
Yes
---
The permittee has disapproved of an erosion and sedimentation control plan in
order to protect riparian buffers along surface waters.
No
---
If yes, the permittee notified the Director of the Division of Energy,
Not
Mineral, and Land Resources within 10 days of the disapproval.
Applicable
Comments
Buncombe County performs plan reviews and provides letters of approval or disapproval. The County has not disapproved of an
erosion and sedimentation control in order to protect riparian buffers.
§ 113A-61.1
Inspection of land-
The certificate of approval of each erosion and sedimentation control plan
disturbing activity;
approved by the permittee includes a notice of the right to inspect.
Yes
---
notice of violation
(a)
The permittee provides for inspection of land -disturbing activities to ensure
compliance with the SPCA and to determine whether the measures required in an
Yes
erosion and sedimentation control plan are effective.
Comments
Buncombe County performs inspections and provides approval letters.
Audit Date(s): January 19, 2021 Page 5 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
Construction Site Runoff Controls
§ 113A-61.1
When the permittee determines that a person engaged in land -disturbing activity
Inspection of land-
has failed to comply with the SPCA, the Permittee immediately issues a notice of
Yes
disturbing activity;
violation upon that person.
notice of violation
Each notice of violation issued by the permittee specifies the date by which the
(c)
person must comply.
Yes
Each notice of violation issued by the permittee informs the person of the actions
that need to be taken to comply.
Yes
Comments
Buncombe County Erosion Control logs notices of violation in Accela and an excel spreadsheet and documents a monthly list of
NOVs. Buncombe County performs plan reviews and provides letters of approval or disapproval.
§ 113A-64 Penalties
Does the permittee issue civil penalties as part of the erosion and sedimentation
program?
Yes
Comments (indicate when/why a civil penalty is issued, and the amount, if applicable)
Buncombe County requires erosion control permits and collects $525/acre for those permits and fees are doubled if land disturbing
activities commence before obtaining a permit.
Audit Date(s): January 19, 2021 Page 6 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
APPENDIX A: SUPPORTING DOCUMENTS
Audit Date(s): January 19, 2021 Page 7 of 9
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
SUPPORTING DOCUMENT 1: Buncombe County Code of Ordinance - Chapter 26,
Article 5 — Soil Erosion and Sedimentation Control
Audit Date(s): January 19, 2021 Page 8 of 9
ENVIRONMENT
ARTICLE V. SOIL EROSION AND
SEDIMENTATION CONTROL*
DIVISION 1. GENERALLY
Sec. 26-206. Title and authority of article.
This article may be cited as the county soil
erosion and sedimentation control ordinance, and
is adopted pursuant to the authority granted in
the North Carolina Sedimentation Pollution Con-
trol Act of 1973, G.S. 113A-50 et seq.
(Ord. No. 20172, § 11 2-2-93)
Sec. 26-207. Jurisdiction of article.
This article is hereby adopted by the county
board of commissioners to apply to all of the
county outside of the incorporated areas. Except
as provided in this section, the provisions of this
article shall not be applicable to and shall not be
enforced within the corporate limits or jurisdic-
tion of any municipality in the county. A munici-
pality may come within the provisions of this
ordinance at any time by mutual agreement with
the county and by the adoption of an appropriate
resolution by the governing body of such munici-
pality pursuant to G.S. 153A-122 agreeing that
this ordinance shall be enforced within the corpo-
rate limits or jurisdiction of the municipality.
(Ord. No. 20172, § 2, 2-2-93; Ord. No. 96-84, § 1,
8-20-96)
Sec. 26-208. Purpose of article.
This article is adopted for the purposes of:
(1) Regulating certain land disturbing ac
ity to control accelerated erosion and sed-
imentation in order to prevent the pollu-
tion of water and other damage to lakes,
watercourses, and other public and pri-
vate property by sedimentation; and
(2) Establishing procedures through which
these purposes can be fulfilled.
(Ord. No. 20172, § 3, 2-2-93)
*Cross reference�Subdivisions, ch. 70.
State law reference —Authority to adopt rules and reg-
ulations to establish and enforce soil erosion and control
programs, G.S. 113A-60.
Sec. 26-209. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Accelerated erosion means ariy increase over
the rate of natural erosion as a result of land
disturbing activity.
Act means the North Carolina Sedimentation
Pollution Control Act of 1973, G.S. 113A-50 et
seq., and all rules and orders adopted pursuant to
it.
Adequate erosion control measure, structure, or
device means one which controls the soil material
within the land area under responsible control of
the person conducting the land disturbing activ-
ity.
Affiliate means a person that directly or
rectly through one or more intermediaries con-
trols, is controlled by, or is under common control
of another person.
Being conducted means a land disturbing ac-
ty has been initiated and permanent stabili-
zation of the site has not been completed.
Borrow means fill material which is required
for onsite construction and is obtained from other
locations.
Buffer zone means the strip of land adjacent to
a lake or natural watercourse.
Certifccate of compliance means a certificate
issued by the county indicating that the required
temporary and/or permanent erosion control mea-
sures shown on the approved plan have been
constructed correctly and are operating correctly
anI that the site has been satisfactorily stabilized
except for routine maintenance requirements.
Coastal counties means the following counties:
Beaufort, Bertie, Brunswick, Camden, Carteret,
Chowan, Craven, Currituck, Dare, Gates, Hertford,
Hyde, New Hanover, Onslow, Pamlico, Pasquotank,
Pender, Perquimans, Tyrrell and Washington.
Commission means the state sedimentation
control commission.
Supp. No. 15 CD26:25
BUNCOMBE COUNTY CODE
Completion of construction or development means
that no further land disturbing activity is re-
quired on a phase of a project except that which is
necessary for establishing a permanent ground
cover.
Department means the state department of
environment, health, and natural resources.
Detention basin means a facility constructed or
modified to represent flow of storm water to a
prescribed maximum rate and to concurrently
detain the excess waters that accumulate behind
the outlet.
Director means the director of the division of
land resources of the state department of environ-
ment, health, and natural resources.
Discharge point means that point at which
runoff leaves a tract of land.
District means the county soil and water con-
servation district created pursuant to G.S. 139-1
et seq.
Energy dissipator means a structure or a shaped
channel section with mechanical armoring placed
at the outlet of pipes or conduits to receive and
break down the energy from high velocity flow.
Erosion means the wearing away of land sur-
face by the action of wind, water, gravity, or any
combination thereof.
Erosion control officer means the county ero-
sion control officer or his duly authorized repre-
sentatives.
Forest lands means all land which is capable of
supporting a merchantable stand of timber and is
not being actively used for a use which is incom-
patible with timber growing.
Forest practices means any activity conducted
on or directly pertaining to forest land and relat-
ing to growing, harvesting, or processing timber.
Ground cover means any natural vegetative
growth or other material which renders the soil
surface stable against accelerated erosion.
High quality water (HQW) zones means areas
that are within one mile of and drain to HQWs.
High quality waters means those classified as
such in 15A NCAC2B.0101(e)(5)—General Proce-
dures, which is incorporated herein by reference
to include further amendments pursuant to G.S.
150B44(c).
Lake or natural watercourse means any stream,
river, brook, swamp, sound, bay, creek, run, branch,
canal, waterway, estuary, and any reservoir, lake
or pond, natural or impounded, in which sediment
may be moved or carried in suspension, and
which could be damaged by accumulation of sed-
iment.
Land disturbing activity means any use of, or
operations on, the land by any person in residen-
tial, industrial, educational, institutional, or com-
mercial development, highway and road construc-
tion and maintenance that results in a change in
the natural cover or topography and that may
cause or contribute to sedimentation.
Land disturbing permit means the document
issued by the county which allows grading oper-
ations to commence and to proceed in accordance
with the requirements of this article.
Local government means any county, incorpo-
rated village, town, or city, or any combination of
counties, incorporated villages, towns, and cities
acting through a joint program pursuant to the
provisions of the Act.
Logging means the practice of harvesting prod-
ucts or timber from a tract or part of a tract of
land and then perpetuating a stand of timber or
forest products on the same tract of land within
reasonable timeframes and accepted best manage-
ment practice guidelines as recommended by the
Forest Practice Guidelines Related to Water Qual-
ity pursuant to the provisions of G.S. ch. 150B.
Natural erosion means the wearing away of the
earth's surface by water, wind, or other natural
agents under natural environmental conditions
undisturbed by man.
Parent means an affiliate that directly or indi-
rectly, through one or more intermediaries, con-
trols another person.
Person means any individual, partnership, firm,
association, joint venture, public or private corpo-
Supp. No. 15 CD26:26
ENVIRONMENT
ration, trust, estate, commission, board, public or
private institution, utility, cooperative, interstate
body, or other legal entity.
Person conducting land disturbing activity
means any person who may be held responsible
for a violation unless expressly provided other-
wise by this article, the Act, or any order adopted
pursuant to this article or the Act.
Person responsible for the violation means, as
used in this article and G.S. 113A-64:
(1) The developer or other person who has or
holds himself out as having financial or
operational control over the land disturb-
ing activity; or
(2) The landowner or person in possession or
control of the land when he has directly or
indirectly allowed the land disturbing ac-
tivity or has benefitted from it, or he has
failed to comply with any provision of this
article, the Act, or any order adopted
pursuant to this article or the Act as
imposes a duty upon him.
Phase of grading means one of two types of
grading, rough or fine.
Plan means an erosion and sedimentation con-
trol plan.
Sediment means solid particulate matter, both
mineral and organic, that has been or is being
transported by water, air, gravity, or ice from its
site of origin.
Sedimentation means the process by which
sediment resulting from accelerated erosion has
been or is being transported off the site of the land
disturbing activity or into a lake or natural wa-
tercourse.
Siltation means sediment resulting from accel-
erated erosion which is settleable or removable by
properly designed, constructed, and maintained
control measures; which has been transported
from its point of origin within the site of a land
disturbing activity; and which has been depos-
ited, or is in suspension in water.
Storm drainage facilities means the system of
inlets, conduits, channels, ditches, and appurte-
§ 26-209
nances which serve to collect and convey
stormwater through and from a given drainage
area.
Stormwater runoff means the direct runoff of
water resulting from precipitation in any form.
Subsidiary means an affiliate that is directly or
indirectly, through one or more intermediaries,
controlled by another person.
Ten-year storm means the surface runoffresult-
ing from a rainfall of an intensity expected to be
equalled or exceeded, on the average, once in ten
years, and of a duration which will produce the
maximum peak rate of runoff for the watershed of
interest under average antecedent wetness condi-
tions.
Tract means all contiguous land and bodies of
water being disturbed or to be disturbed as a unit,
regardless of ownership.
Twenty -five-year storm means the surface run-
off resulting from a rainfall of an intensity ex-
pected to be equalled or exceeded, on the average,
once in 25 years, and of a duration which will
produce the maximum peak rate of runoff from
the watershed of interest under average anteced-
ent wetness conditions.
Uncovered means the removal of ground cover
from, on, or above the soil surface.
Undertaken means the initiating of any activ-
ity, or phase of activity, which results or will
result in a change in the ground cover or topog-
raphy of a tract of land.
Velocity means the average velocity of flow
through the cross section of the main channel at
the peak flow of the storm of interest. The cross
section of the main channel shall be that area
defined by the geometry of the channel plus the
area of flow below the flood height defined by
vertical lines at the main channel banks. Over-
load flows are not to be included for the purpose of
computing velocity of flow.
Waste means surplus materials resulting from
onsite construction and disposed of at other loca-
tions.
Supp. No. 19 CD26:27
BUNCOMBE COUNTY CODE
Working days means days, exclusive of Satur-
day and Sunday, during which weather conditions
or soil conditions permit land disturbing activity
to be undertaken.
(Ord. No. 20172, § 4, 2-2-93; Ord. No. 96-84, § 2)
8-20-96; Ord. No. 99-34, § 4, 3-16-99; Ord. No.
06-04-02, § 1, 44-06)
Cross reference —Definitions generally, § 1-2.
Sec. 26-210. Scope of article and exclusions
from article.
(a) Geographical scope of regulated land -dis-
turbing activity. This article shall apply to land -
disturbing activity within the territorial jurisdic-
tion of Buncombe County and to the extraterritorial
jurisdiction of Biltmore Forest, Black Mountain,
Woodfin, Weaverville, and Montreat as allowed by
agreement between local governments.
(b) Exclusions from regulated land -disturbing
activity. Notwithstanding the general applicabil-
ity of this article to all land -disturbing activity,
this article shall not apply to the following types
of land -disturbing activity:
(1) Activities including the breeding and graz-
ing of livestock, undertaken on agricul-
tural land for the production of plants and
animals useful to man, including, but not
limited to:
a. Forages and sod crops, grains and
feed crops, tobacco, cotton and pea-
nuts.
b. Dairy animals and apiary products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, sheep,
swine, horses, ponies, mules and
goats.
e. Bees and dairy products.
£ Fur producing animals.
(2) Activities undertaken on forestland for
the production or harvesting of timber
and timber products and conducted in
accordance with best management prac-
tices set out in Forest Practice Guidelines
Related to Water Quality, as adopted by
the board of commissioners.
(3) Activities for which a permit is required
under the mining act, G.S. 7446 et seq.
(4) For the duration of an emergency, activi-
ties essential to protect human life.
(5) Land disturbing activity over which the
state has exclusive regulatory jurisdiction
as provided in G.S. 113A-56(a).
(Ord. No. 20172, § 5, 2-2-93; Ord. No. 96-84, § 3,
8-20-96; Ord. No. 06-04-02, § 2, 44-06)
Sec. 26-211. General requirements.
(a) Plan required. No person shall initiate any
land disturbing activity as defined in this section
without an erosion control plan as described in
section 26-228, approved by the county, and with-
out having a land disturbing permit as described
in section 26-226. For the purposes of this article,
an erosion control plan shall be required for:
(1) Any land disturbing activity which uncov-
ers one or more acres (43,560 square feet)
on a tract of land.
(2) Reserved.
(3) Any residential land disturbing activity
which uncovers one -quarter acre or more
(10,890 square feet) on a lot, parcel, or
tract with an average slope of 25 percent
or greater in its natural state and applies
to chapter 70, Subdivisions, section 70-68.
(b) Protection of property. Persons conducting
land -disturbing activity shall take all reasonable
measures to protect all public and private prop-
erty from damage caused by such activities.
(c) More restrictive rules shall apply. Any res-
idential land disturbing activity which uncovers
one-half acre or more (21,750 square feet) on a lot,
parcel or tract with an average slope 15 to 25
percent in its natural state and applies to chapter
70, Subdivisions, section 70-68.
(Ord. No. 20172, § 6, 2-2-93; Ord. No. 96-84, § 4,
8-20-06; Ord. No. 03-05-19, 5-20-02; Ord. No.
03-08-11, § 1, 8-5-03; Ord. No. 06-04-02, § 3,
4-4-069 Ord. No. 06-08-04, § 1, 8-1-06)
Supp. No. 15 CD26:28
ENVIRONMENT § 26-226
Sec. 26-212. Basic control objectives.
An erosion and sedimentation control plan may
be disapproved pursuant to section 26-228 if the
pIan fails to address the following control objec-
tives:
(1) Ide�atify critical areas. Onsite areas which
are subject to severe erosion and offsite
areas which are especially vulnerable to
damage from erosion and/or sedimenta-
tion are to be identified and receive spe-
cial attention.
(2) Limit time of exposure. All land disturb-
ing activity is to be planned and con-
ducted to limit exposure to the shortest
feasible time.
(3) Limit exposed areas. All land disturbing
activity is to be planned and conducted to
minimize the size of the area to be ex-
posed at any one time.
(4) Control surface water. Surface water run-
off originating upgrade of exposed areas
should be controlled to reduce erosion and
sediment loss during the period of expo-
sure.
(5) Control sedimentation. All land disturb-
ing activity is to be planned and con-
ducted so as to prevent offsite sedimenta-
tion damage.
(6) Manage stormwater runoff: When the in-
crease in the velocity of stormwater run-
off resulting from a land disturbing activ-
ity is sufficient to cause accelerated erosion
of the receiving watercourse, plans are to
include measures to control the velocity at
the point of discharge so as to minimize
accelerated erosion of the site and in-
creased sedimentation of the stream. Plan
designer must furnish a statement of an
on site downstream evaluation for assess-
ment of 25-year storm velocity impacts to
adjoining property.
(Ord. No. 20172, § 7, 2-2-93; Ord. No. 06-04-02,
§ 3, 44-06)
Sec. 26-213. Forest practice guidelines.
(a) It is the intent of the board of commission-
ers to adopt Forest Practice Guidelines Related to
Water Quality (best management practices) pur-
suant to the provisions of G.S. ch. 150B. Until
forest practice guidelines are adopted, activities
undertaken on forest land for the production and
harvesting of timber products will be subject to
this article.
(b) If land disturbing activity undertaken on
forest land for the production and harvesting of
timber products is not conducted in accordance
with Forest Practice Guidelines Related to Water
Quality, the provisions of this article shall apply
to such activity and any related land disturbing
activity on the tract.
Secs. 26-214-26-225. Reserved.
DIVISION 2. ADMINISTRATION AND
ENFORCEMENT*
Sec. 26-226. Permits.
(a) Required; exceptions. Except as provided in
section 26-210, no person shall undertake any
land disturbing activity subject to this article
without first obtaining a permit therefor from the
county, except that no permit shall be required for
any land disturbing activity:
(1) For the purpose of fighting fires;
(2) For the stockpiling of raw or processed
sand, stone, or gravel in material process-
ing plants and storage yards, provided
that sediment control measures have been
utilized to protect against offsite damage;
or
(3) Less than one acre (43,560 square feet)
that does not apply to chapter 70, Subdi-
visions, section 70-68.
(4) In determining the area, lands under one
or diverse ownership being developed as a
unit will be aggregated.
(b) Requirements of applicant. To obtain a land
disturbing permit the following is required:
(1) Completed land disturbing permit appli-
cation.
(2) Completed and signed erosion control plan
checklist.
Cross reference —Administration, ch. 2.
Supp. No. 01
BUNCOMBE COUNTY CODE
(3) all review fee.
(4) An approved erosion control plan (two
copies).
(5) A copy of the approved stormwater plan,
approval letter and permit.
In all circumstances where a stormwater permit
is required in accordance with Buncombe County
ordinances, such stormwater permit must be ob-
tained before a land disturbing permit may be
issued pursuant to this section.
Note: If the intent is to disturb land, which
requires a land disturbing permit, regardless of
time frame, a land disturbing permit must be
obtained prior to beginning the land disturbing
activity.
(c) Issuance prerequisite to building permit.
The county shall not issue any building permits
for projects on sites where a land disturbing
permit is required unless and until a land disturb-
ing permit has been issued.
(d) Fees. The county may establish fees as
considered necessary to defray costs of adminis-
tering this article. Plan review fees shall be
double the normal fee amount when land disturb-
ing activity begins before a land disturbing per-
mit is obtained from the county.
An applicant shall be entitled to two plan
reviews of any application without payments of
an additional plan review fee. This shall be con-
strued to mean review of the original application
and review of the re -submittal of that application
with or without revisions. Any re -submittal by the
applicant thereafter shall be treated as a new
application and must be accompanied by payment
of the full plan review fee.
The county board of commissioners shall estab-
lish plan review fees, and may amend and update
the fees annually during the budget process.
(e) Display. Aland disturbing permit issued
under this article shall be prominently displayed
on the site until all construction is completed, all
permanent sedimentation and erosion control mea-
sures are installed and the site has been substan-
tially stabilized, as required.
(Ord. No. 20172, § 17, 2-2-93; Ord, No. 96-6-16,
§§ 1-3, 6-18-96; Ord. No. 96-8-7, § 5, 8-20-96;
Ord. No. 99-4-3, § 1) 4-13-99; Ord. No. 03-05-19,
5-20-02; Ord. No. 03-08-11, §§ 2-5, 8-5-03; Ord,
No. 06-04-02, § 4, 4-4-06; Ord. No. 06-08-04, § 1,
8-1-06; Ord. No. 0641-01, § 1, 11-7-06; Ord. No.
08-01-05, § 1, 1-8-08; Ord. No. 11-06-03, § 1,
6-7-11)
Sec. 26-227. Revocation of permits.
(a) If inspection of a site of land disturbing
activity indicates that the site is not in compli-
ance with either this article or the erosion control
in approved for the site, the county shall serve
a notice of violation by registered or certified mail
or by any means authorized under G.S. 1A-1, Rule
4, or other means reasonably calculated to give
actual notice, upon the person conducting the
land disturbing activity and, if different from that
party, the property owner.
The notice shall set forth the actions necessary
to achieve compliance with the plan or this sec-
tion, specify a reasonable time period within
which such measures must be completed, and
warn that failure to correct the violation within
the time period will result in one or more of the
following:
(1) Revocation of the land disturbing permit
and all building permits;
(2) The issuance of a stop work order;
(3) The assessment of civil penalties; or
(4) Other enforcement action.
If the site of land disturbing activity is not
brought into compliance with this section or the
in within the time stated in the notice, the
county shall (1) revoke the land disturbing permit
and immediately revoke all building permits
granted for the site pursuant to N.C.G.S. § 153A-
362 or (2) issue a stop work order pursuant toS. N.C.G.§ 153A-361.
(b) When work under a land disturbing permit
is not begun within six months following the date
of issuance of the land disturbing permit, the land
disturbing permit shall be deemed to be expired.
If land disturbance has begun within six months
of the date of issuance the land disturbing permit
will expire five years from date of issuance. Re-
newal of the land disturbing permit will require a
Supp. No. 01 CD26:30
ENVIRONMENT
new application and new plan review fees. No
grading work is to be performed until the new
permit is issued.
(Ord. No. 20172, § 18, 2-2-93; Ord, No. 96-8-7,
§§ 6, 7, 8-20-96; Ord. No. 994-3, § 2, 4-13-99; Ord.
No. 06-08-04, § 1, 8-1-06)
Sec. 26-228. Erosion and sedimentation con-
trol plans.
(a) Filing; review; revision. Persons conducting
a land disturbing activity on a tract which re-
quires a land disturbing permit shall file two
Supp. No. 21 CD26:30.1
ENVIRONMENT
copies of the erosion control plan with the county
at least 30 days prior to beginning such activity
and shall keep another copy of the plan on file at
the job site. After approving the plan, if the
county, either upon review of such plan or on
inspection of the job site, determines that a sig-
nificant risk of accelerated erosion or offsite sed-
imentation exists, the county will require a re-
vised plan. Pending the preparation of the revised
plan, work shall cease or shall continue under
conditions outlined by the appropriate authority.
No person may initiate a land disturbing activity
before notifying the county of the date that the
land disturbing activity will begin. When deemed
necessary a preconstruction conference may be
required.
(b) Statement of financial responsibility and
ownership. Erosion control plans may be disap-
proved unless accompanied by a notarized state-
ment of financial responsibility and ownership.
This statement shall be signed by the person
financially responsible for the land disturbing
activity or his attorney in fact. The statement
shall include the mailing and street addresses of
the principal place of business of the person
financially responsible and of the owner of the
land or their registered agents. This statement
shall be included on the land disturbing permit
application form required by this article. If the
person financially responsible is not a resident of
the state, a state agent must be designated in the
statement for the purpose of receiving notice of
compliance or noncompliance with the plan, the
Act, this article, or rules or orders adopted or
issued pursuant to this article.
(c) Review by county soil and water conserva-
tion district. One copy of the erosion control plan
shall be forwarded by the county to the county soil
and water conservation district for its review.
Within 20 days of receipt, or within such addi-
tional time as may be prescribed by the county,
the district shall review such plan and submit its
comments and recommendations to the county.
Failure of the county soil and water conservation
district to submit its comments and recommenda-
tions within 20 days or within the prescribed
additional time shall not delay final action on the
plan.
§ 26-228
(d) Review by county; approval or disapproval.
The county shall review each complete plan sub-
mitted to it and within 20 days of receipt thereof
shall notify the person submitting the plan that it
has been approved, approved with modifications,
approved with performance reservations, or dis-
approved. However, the county shall make every
attempt possible to complete its review of the plan
within 20 days of receipt. Failure to approve or
disapprove a complete erosion and sedimentation
control plan within 20 days of receipt shall be
deemed approval. Disapproval of a plan must
specifically state in writing the reasons for disap-
proval. The county must approve, approve with
modifications, or deny a revised plan within 15
days of receipt, or it is deemed to be approved. If,
following commencement of a land disturbing
activity pursuant to an approved plan, the county
determines that the plan is inadequate to meet
the requirements of this article, the county may
require such revisions as are necessary to comply
with this article. The approval of an erosion plan
is conditioned on the applicant's compliance with
federal and state water quality laws, regulations,
and rules. A copy of the erosion control plan for
any land disturbing activity that involves the
utilization of ditches for the purpose of de -
watering or lowering the water table must be
forwarded to the director of the division of water
quality.
(e) Environmental document. Any plan submit-
ted for a land disturbing activity for which an
environmental document is required by the North
Carolina Environmental Policy Act (G.S. 113A4
et seq.) shall be deemed incomplete until a com-
plete environmental document is available for
review. The county shall promptly notify the per-
son submitting the plan that the 20-day time
t for review of the plan pursuant to subsection
(d) of this section shall not begin until a complete
environmental document is available for review.
(f) Contents of plan The erosion control plan
required by this section shall contain architec-
tural and engineering drawings, maps, assump-
tions, calculations, and narrative statements as
needed to adequately describe the proposed devel-
opment of the tract and the measures planned to
comply with the requirements of this article. All
erosion and sedimentation control plans shall
Supp. Mn 19 CD26:31
BUNCOMBE COUNTY CODE
contain a maintenance plan addressing short-
term and long-term maintenance of measures.
Long-term maintenance of ground covers must be
addressed in the maintenance plan. The plan may
be included in the construction sequence or vege-
tation specifications, if appropriate. However, more
detailed maintenance plans will be required where
deemed appropriate. Plan content may vary to
meet the needs of specific site requirements.
Detailed guidelines for plan preparation may be
obtained from the county on request.
(g) Conditions for disapproval of plan. An ero-
sion control plan may be disapproved upon a
finding that an applicant, or a parent, subsidiary
or other affiliate of the applicant:
(1) Is conducting or has conducted land
turbing activity without an approved plan,
or has received notice of violation of a
plan previously approved by the commis-
sion or a local government pursuant to
the Act and has not complied with the
notice within the time specified in the
notice;
(2) Has failed to pay a civil penalty assessed
pursuant to the Act or a local ordinance
adopted pursuant to the Act by the time
payment is due;
(3) Has been convicted of a misdemeanor
pursuant to G.S. 113A-64(b) or any crim-
inal provision of a local ordinance adopted
pursuant to the Act; or
(4) Has failed to substantially comply with
state rules or local ordinances and regu-
lations adopted pursuant to the Act.
For purposes of this subsection an applicant's
record may be considered for only the two years
prior to the application date.
(h) Amendment of plan. Applications for amend-
ment of an erosion control plan in written and/or
graphic form may be made at any time under the
same conditions as the original application. Until
such time as the amendment is approved by the
county, the land disturbing activity shall not
proceed except in accordance with the erosion
control plan as originally approved.
(i) Failure to file; conducting activity without
plan. Any person engaged in land disturbing
activity who fails to file a plan in accordance with
this article, or who conducts a land disturbing
activity, except in accordance with provisions of
an approved plan, shall be deemed in violation of
this article.
(j) All plans, applications and the checklist
shall be accompanied by the requisite fee as
established in the county fee schedule ordinance.
(Ord. No. 20172, § 1% 2-2-93; Ord. No. 96-8-7,
§§ 8-10, 8-20-96; Ord. No. 99-34, § 3, 346-99;
Ord. No. 99-124, § 1, 12-7-99; Ord. No. 00-0940,
§ 1, 9-12-00; Ord. No. 01-02-20; § 2, 2-20-01; Ord.
No. 03-05491 5-20-02; Ord. No. 03-08-11, § 6,
8-5-03)
Sec. 26-229. Appeals from disapproval or ap-
proval with modifications of
plans.
(a) Except as provided in subsection (b) of this
section the appeal of a disapproval or approval
with modifications of a plan shall be governed by
the following provisions:
(1) The disapproval or modification of any
proposed erosion control plan by the county
shall entitle the person submitting the
plan to the erosion control officer to a
hearing within 15 days after receipt of
written notice of disapproval or modifica-
tions.
(2) Hearings held pursuant to this section
shall be conducted by a plan review com-
mittee consisting of the county engineer,
director of county general services, and
the director of planning and development,
within 30 days after the date of the appeal
or request for a hearing.
(3) The plan review committee shall decide
appeals within 15 days after the date of
the hearing on any erosion control plan.
(4) If the county plan review committee up-
holds the disapproval or modification of a
proposed soil erosion and sedimentation
control plan following the hearing, the
person submitting the plan shall then be
entitled to appeal the local government's
Supp. No. 15 CD26:32
ENVIRONMENT
decision to the state sedimentation con-
trol commission, as provided in G.S. 113A-
61(c) and Title 15 N.C.A.C. 4B .0018(d).
(b) If an erosion control plan is disapproved
pursuant to section 26-228(g), the county shall
notify the director of the division of land resources
of such disapproval within ten days. The county
shall advise the applicant and the director in
writing as to the specific reasons that the plan
was disapproved. The applicant may appeal the
county's disapproval of the plan pursuant to sec-
tion 26-228(g) directly to the commission.
(Ord. No. 20172, § 20, 2-2-93)
Sec. 26-230. Inspections and investigations.
(a) Inspections required. Agents, officials or
other qualified persons authorized by the county
will inspect the sites of land disturbing activity to
determine compliance with the Act, this article, or
rules or orders adopted or issued pursuant to this
article; to determine whether the activity is being
conducted in accordance with an approved plan;
and whether the measures required in the plan
are effective in controlling erosion and sediment
resulting from land disturbing activity. Notice of
the right to inspect shall be included in the
notification of plan approval.
(b) Notice of violation; compliance time period
specified; enforcement. If, through inspection, it is
determined that a person engaged in land disturb-
ing activity has failed to comply with the Act, this
article, or rules or orders adopted or issued pur-
suant to this article, or has failed to comply with
an approved plan, a notice of violation shall be
served upon that person by registered or certified
mail or by any means authorized under G.S. 1A-1,
Rule 4. The notice shall set forth the actions
necessary to achieve compliance with the plan or
this article, specify a date by which the person
must comply with the Act, this article, and inform
the person of the actions that need to be taken to
comply with the Act, this article, and warn that
failure to correct the violation within the time
period shall result in the assessment of a civil
penalty or other enforcement action. However, no
time period for compliance need be given for
failure to submit an erosion control plan for
approval or for obstructing, hampering or inter-
§ 26-231
fering with an authorized representative while in
the process of carrying out his official duties. If
the person engaged in land disturbing activity
fails to comply within the time specified, enforce-
ment action shall be initiated.
(c) Right of entry. The county shall have the
power to conduct such investigations as it may
reasonably deem necessary to carry out its duties
as prescribed in this article, and for this purpose
to enter at reasonable times upon any property,
public or private, for the purpose of investigating
anI inspecting the sites of any land disturbing
activity. No person shall refuse entry or access to
any authorized representative or agent of the
county who requests entry for purposes of inspec-
tion, and who presents appropriate credentials,
nor shall any person obstruct, hamper, or inter-
fere with any such representative while in the
process of carrying out his official duties.
(d) Requiring written statements; filing of re-
ports. The county shall also have the power to
require written statements, or the filing of reports
under oath, with respect to pertinent questions
relating to land disturbing activity.
(e) Certificate of compliance; issuance. A certif-
icate of compliance shall be issued to the person
conducting the land disturbing activity upon sat-
isfactory project completion.
(Ord. No. 20172, § 21, 2-2-93; Ord. No. 96-84,
§ 11, 8-20-96; Ord. No. 06-04-02, § 5, 44-06)
Sec. 26-231. Penalties for violation of arti-
cle.
(a) Civil penalties. Civil penalties may be im-
posed as follows:
(1) Any person who violates any of the provi-
sions of this article, or rules or orders
adopted or issued pursuant to this article,
or who initiates or continues a land dis-
turbing activity for which an erosion con-
trol plan is required, except in accordance
with the terms, conditions, and provisions
of an approved plan, is subject to a civil
penalty. The maximum civil penalty for a
violation of this article is $5,000.00. No
penalty shall be assessed until the person
alleged to be in violation has been notified
of the violation by registered or certified
Supp. No. 19 CD26:33
COUNTY CODE
mail, return receipt requested, or as pro- c. For failure to take all reasonable
vided in G.S. 113A-61-1(b), or other means measures to protect public property,
reasonably calculated to give actual no- private property, a lake or natural
tice. The notice shall describe the viola- watercourse, from damage caused
tion with reasonable particularity, specify by land disturbing activities (section
a reasonable time period within which the 26-211), $50.00 per day.
violation must be corrected, and warn d. For failure to comply with the design
that failure to correct the violation within and performance standards for High
the time period will result in the assess- Quality Water (HQW) zones as per
ment of a civil penalty or other enforce- section 26-247(b), $50.00 per day.
ment action. If, after the allotted time e. For failure to conduct a land disturb -
period has expired, the violator has not ing activity in accordance with the
completed corrective action, a civil pen- provisions of the erosion sedimenta-
alty may be assessed from the date the tion control plan which was ap-
violation is detected. Refusal to accept the proved by the county erosion control
notice or failure to notify the county ero- office, (section 26-228), $50.00 per
sion control officer of a change of address day.
shall not relieve the violator's obligation
to pay such a penalty. However, no time f. For failure to install sedimentation
period for compliance need be given for and erosion control devices sufficient
failure to submit an erosion control plan to retain the sediment generated by
for approval or for obstructing, hamper- the land disturbing activity within
ing or interfering with an authorized rep- the boundaries of the tract during
resentative while in the process of carry- construction upon and development
ing out his official duties. Each day of a of the tract (sections 26-211 and 26-
continuing violation shall constitute a sep- 246), $50.00 per day.
arate violation. The act clarifies that a g. For failure to provide along trout
person may be assessed a one-time civil waters an undisturbed buffer zone
penalty of up to $5,000.00 for the day the 25 feet wide or of sufficient width to
violation is first detected. confine visible siltation by natural or
artificial means within 25 percent of
(2) Civil penalties shall be assessed for the that portion of the buffer zone near -
violations listed below pursuant to the est the land disturbing activity, which -
following schedule: ever is the greater width (section
a. For failure to submit an acceptable
26-246), $50.00 per day.
erosion control plan for approval as h. For failure to maintain temporary
required by this article, $100.00 per and permanent erosion and sedimen-
day. Any person who is subject to a tation control measures and facili-
civil penalty under this division may ties during the development of the
be subject to additional civil penal- site (section 26-252), $50.00 per day.
ties for violation of other provisions i. For failure to maintain on graded
of this article, or rules or orders slopes and fills an angle sufficient to
adopted or issued pursuant to this retain vegetative cover or other ade-
article (section 26-228). quate erosion control devices or struc-
b. For failure to secure from the county tures (section 26-246), $50.00 per
erosion control office a valid land day.
disturbing permit (section 26-226) j. For failure within 15 working days
prior to conducting a land disturbing or 30 calendar days, whichever pe-
activity, $50.00 per day. riod is shorter, after completion of
Supp. No. 19 CD26:34
ENVIRONMENT
any phase of grading to plant or appropriate division of the general courts
otherwise provide exposed graded of justice to recover the amount of the
slopes or fills with ground cover, assessment. An assessment that is not
devices, or structures sufficient to contested is due when the violator is served
retain erosion (section 26-246), $50.00 with a notice of assessment. An assess -
per day. ment that is contested is due at the con-
k. For failure to plant or otherwise pro- elusion of the administrative and judicial
vide ground cover sufficient to re- review of the assessment.
strain erosion within 15 working days (5) Any monies received from the collection of
or 90 calendar days, whichever is the penalties shall be deposited in the county
shorter, following completion of con- planning department's operating budget
struction or development (section 26- in order to be used to enforce the purposes
246), $25.00 per day. and requirements of this article.
1. For failure to file an acceptable, re- (b) Appeal of civil penalty assessment.
vised erosion and sedimentation con- (1) A person or entity assessed with a civil
trol plan after being notified by the penalty must select one of the following
county erosion control office of the options within 30 days after receipt of the
need to do so (section 26-228), $25.00 notice of assessment and demand for pay -
per day. ment:
m. For failure to retain along a lake or a. Tender to the county planning direc-
natural watercourse a buffer zone of for or county finance office full pay -
sufficient width to confine visible ment of the penalty; or
siltation within the 25 percent of the
buffer zone nearest the land disturb- b. Submit in writing to the county plan-
ing activity (section 26-246), $25.00 ning director, a request for an admin-
per day. istrative hearing specifying the fac-
tual or legal issues to be contested.
(3) After determining the penalty, the erosion
control officer shall recommend and the (2) Failure to request an administrative hear -
county planning director assess the pen- ing as provided in subsection (1) above
alty against the person or entity deemed will be deemed a waiver of any and all
to be in violation of this article by mailing rights of review, either by the board of
by registered or certified mail, return re- adjustment or by the general courts of
ceipt requested, or by any means autho- justice, of the assessment of the civil pen-
rized under G.S. 1A-1, Rule 4, or other alty.
means reasonably calculated to give ac- (3) If the alleged violator requests an admin-
tual notice, to the person responsible for istrative hearing, no further demand for
the violation a notice of assessment and payment will be made by the erosion
demand for payment, which shall include control officer unless a final decision is
therein a detailed description of the vio- made by the board of adjustment which
lation for which the penalty has been upholds the assessment of a penalty.
imposed, the amount of the penalty and
the reason for assessing the penalty. (4) Any person or entity who is aggrieved by
a final decision by the board of adjust-
(4) If payment is not received or equitable ment is entitled to judicial review of such
settlement reached within 30 days after decision by the general court of justice,
the notice of assessment and demand for superior court division, by proceedings in
payment has been received, the matter the nature of certiorari; provided such
shall be referred to the county attorney petition for review is filed with the clerk
for institution of a civil action in the of superior court within 30 days after a
Supp. No. 15 CD26:35
§ 26-231 BUNCOMBE COUNTY CODE
written copy of the decision of the board is
delivered to the aggrieved party, either by
personal service or by registered or certi-
fied mail, return receipt requested, pur-
suant to G.S. 153A-345(e).
(5) No provision of this section shall be con-
strued to restrict or impair the right of the
erosion control officer or the county to
pursue any other remedy provided by law
or equity for violations of this article,
including the right to assess penalties for
violations of this article occurring during
the appeal process.
(c) Criminal penalties. Any person who know-
ingly or willingly violates any provision of this
article, or rule or order adopted or issued pursu-
ant to this article, or who knowingly or willfully
initiates or continues a land disturbing activity
for which an erosion control plan is required
except in accordance with the terms, conditions,
and provisions of an approved plan, shall be
guilty of a class 2 misdemeanor, which may in-
clude a fine not to exceed $5,000.00, as provided
by G.S. 113A-64.
(Ord. No. 20172, § 22, 2-2-93; Ord. No. 96-84,
§ 12, 8-20-96; Ord. No. 99-34, § 1, 346-99; Ord.
No. 99-124, § 2, 124-99; Ord. No. 01-02-20, § 1,
2-20-01)
Sec. 26-232. Injunctive relief.
(a) Whenever the planning director or his des-
ignee has reasonable cause to believe that any
person is violating or threatening to violate this
article or any rule or order adopted or issued
pursuant to this article, or any term, condition, or
provision of an approved erosion control plan, the
planning director or his designee may, either
before or after the institution of any other action
or proceeding authorized by this article, institute
a civil action in the name of the county for
injunctive relief to restrain the violation or threat-
ened violation. The action shall be brought in the
county superior court.
(b) Upon determination by a court that an
alleged violation is occurring or is threatened, it
shall enter such orders or judgments as are nec-
essary to abate the violation to ensure that resto-
ration is performed or to prevent the threatened
violation. The institution of an action for injunc-
tive relief under this section shall not relieve any
party to such proceedings from any civil or crim-
inal penalty prescribed for violations of this arti-
cle.
(Ord. No. 20172, § 23, 2-2-93)
Secs. 26-233-26-245. Reserved.
DIVISION 3. LAND DISTURBING
ACTIVITIES
Sec. 26-246. Mandatory standards.
No land disturbing activity subject to the con-
trol of this article shall be undertaken except in
accordance with the following mandatory require-
ments:
(1) Buffer zone. Buffer zone standards shall
be as follows:
a. No land disturbing activity during
periods of construction or improve-
ment to land shall be permitted in
proximity to a lake or natural water-
course unless a buffer zone is pro-
vided along the margin of the water-
course of sufficient width to confine
visible siltation within the 25 per-
cent of the buffer zone nearest the
land disturbing activity. Waters that
have been classified as trout waters
by the state environmental manage-
ment commission shall have an un-
disturbed buffer zone 25 feet wide or
of sufficient width to confine visible
siltation within the 25 percent of the
buffer zone nearest the land disturb-
ing activity, whichever is greater;
provided, however, that the county
may approve plans which include
land disturbing activity along trout
waters when the duration of the dis-
turbance would be temporary and
the extent of the disturbance would
be minimal. This subsection shall
not apply to a land disturbing activ-
ity in connection with the construc-
Supp. No. 15 CD26:36
ENVIRONMENT
§ 26-246
tion of facilities to be located on, calendar days after completion of any
over, or under a lake or natural phase of grading be planted or otherwise
watercourse. provided with temporary or permanent
Found cover, devices or structures suffi-
b. Unless otherwise provided, the width
of a buffer zone is measured horizon- cient to restrain erosion. The angle for
tally from the edge of the water to graded slopes and fills must be demon -
the nearest edge of the disturbed strated to be stable. Stable is the con&
area, with the 25 percent of the strip tion where the soil remains in its original
nearer the land disturbing activity configuration, with or without mechanical
containing natural or artificial means constraints. In order to provide stabiliza-
of confining visible siltation. tion and maintenance of graded slopes
and fills, a sufficient setback, as deter-
c. The 25400t minimum width for an mined by the county erosion control of -
undisturbed buffer zone adjacent to ficer, must be provided between all prop -
designated trout waters shall be mea- erty lines and the top of graded slopes
sured horizontally from the top of (cuts) and the toe of fills.
the bank.
(3) Ground cover Whenever land disturbing
d. Where a temporary and minimal dis- activity is undertaken on a tract requiring
turbance is permitted as an excep- a land disturbing permit, the person con.
tion by subsection (1)a of this sec- ducting the land disturbing activity shall
tion, land disturbing activities in the install such sedimentation and erosion
buffer zone adjacent to designated control devices and practices as are suffi-
trout waters shall be limited to a cient to retain the sediment generated by
maximum of ten percent of the total the land disturbing activity within the
length of the buffer zone within the boundaries of the tract during construc-
tract to be distributed such that there tion upon and development of the tract,
is not more than 100 linear feet of and shall plant or otherwise provide a
disturbance in each 1,000 linear feet permanent ground cover sufficient to re -
of buffer zone. Larger areas may be strain erosion after completion of construc-
disturbed with the written approval tion or development within 15 working
of the director. days or 90 calendar days following com-
e. No land disturbing activity shall be pletion, whichever period is shorter ex -
undertaken within a buffer zone ad- cept as provided in section 26-247(b)(5).
jacent to designated trout waters (4) Prior plan approval. No person shall ini-
that will cause adverse temperature tiate any land disturbing activity on a
fluctuations, as set forth in 15 tract requiring a land disturbing permit
N.C.A.C. 2B.0211 "Fresh Surface Wa- unless, 20 or more days prior to initiating
ter Classification and Standards," in the activity, an erosion and sedimentation
these waters. control plan for the activity is filed with
(2) Graded slopes and fills. The angle for the county. Should the plan be filed, ap-
graded slopes and fills shall be no greater proved and a land disturbing permit be
than the angle that can be retained by issued in less than 20 days from the filing
vegetative cover or other adequate ero- of the plan, the land disturbing activity
sion control devices or structures and shall may commence.
not have fill -slopes steeper than 2 HAV, (5) Onsite meeting. The person conducting
nor cut slopes steeper than 1.5H:1V at a land disturbing activity or an agent of
maximum of 20 feet in height unless de- that party shall contact the erosion con-
signed by a geotechnical engineer. In any trol officer at least 48 hours before com-
event, slopes left exposed will, within 21 mencement of the land disturbing activity
Supp. No. 15 CD26:36.1
§ 26-246
BUNCOMBE COUNTY CODE
for the purpose of arranging an onsite
meeting with the erosion control officer or
duly authorized representative to review
and discuss the approved plan and the
proposed land disturbing activity.
(Ord. No. 20172, § 8, 2-2-93; Ord. No. 96-84,
§§ 13, 14, 8-20-96, Ord. No. 99-3-7, § 2, 3-16-99;
Ord, No. 00-09-10, § 2, 9-12-00; Ord. No. 03-05-19,
5-20-02; Ord. No. 03-0841, §§ 7, 8, 8-5-03; Ord.
No. 06-04-02, § 6, 44-06)
Sec. 26-247. Design and performance stan-
dards.
(a) Erosion and sedimentation control mea-
sures, structures and devices shall be so planned,
designed, and constructed as to provide protection
from the calculated maximum peak rate of runoff
from the twenty-five year storm. Runoff rates
shall be calculated using the procedures in the
USDA, Soil Conservation Service's "National En-
gineering Field Manual for Conservation Practic-
es," or other acceptable calculation procedures.
(b) In high quality water (HQW) zones the
following design standards shall apply:
(1) Uncovered areas in HQW zones shall be
limited at any time to a maximum total
area within the boundaries of the tract of
20 acres. Only the portion of the land
disturbing activity within an HQW zone
shall be governed by this section. Larger
areas may be uncovered within the bound-
aries of the tract with the written ap-
proval of the director.
(2) Erosion and sedimentation control mea-
sures, structures, and devices within HQW
zones shall be so planned, designed and
constructed to provide protection from the
runoff of the 25-year storm which pro-
duces the maximum peak rate of runoff as
calculated according to procedures in the
United States Department of Agriculture
Soil Conservation Service's "National En-
gineering Field Manual for Conservation
Practices," or according to procedures
adopted by any other agency of this state
or the United States or any generally
recognized organization or association.
(3) Sediment basins within HQW zones shall
be designed and constructed such that the
basin will have a settling efficiency of at
least 70 percent for the 40 micron (0.04
mm) size soil particle transported into the
basin by the runoff of that two-year storm
which produces the maximum peak rate
of runoff as calculated according to proce-
dures in the United States Department of
Agriculture Soil Conservation Services "Na-
tional Engineering Field Manual for Con-
servation Practices," or according to pro-
cedures adopted by any other agency of
this state or the United States or any
generally recognized organization or asso-
ciation.
(4) Newly constructed open channels in HQW
zones shall be designed and constructed
with side slopes no steeper than two hor-
izontal to one vertical if a vegetative cover
is used for stabilization, unless soil condi-
tions permit a steeper slope or where the
slopes are stabilized by using mechanical
devices, structural devices or other accept-
able ditch liners. In any event, the angle
for side slopes shall be sufficient to re-
strain accelerated erosion.
(5) Ground cover sufficient to restrain ero-
sion must be provided for any portion of a
land disturbing activity in a HQW zone
within 15 working days or 60 calendar
days following completion of construction
or development, whichever period is
shorter.
(Ord. No. 20172, § 9, 2-2-93; Ord. No. 06-04-02,
§ 7, 44-06)
Sec. 26-248. Stormwater outlet protection.
(a) Generally. Persons shall design and co"-
ththt
duct land disturbing activity so at e pos
construction velocity of the twenty -five-year storm
runoff in the receiving watercourse to the dis-
charge point does not exceed the greater of
(1) The velocity established by the table in
subsection (d) of this section; or
(2) The velocity of the twenty -five-year storm
runoff in the receiving watercourse prior
to development.
Supp. No. 19 0D26:36.2
ENVIRONMENT
Note: In any case a minimum ten -foot undis-
turbed setback to adjoining property at all drain-
age outfalls is required. Refer to subdivision ordi-
nance for additional requirements section 70-66
general requirements.
If the condition in subsection (a)(1) or (a)(2) of this
section cannot be met, then the receiving water-
course to and including the discharge point shall
be designed and constructed to withstand the
expected velocity anywhere the velocity exceeds
the prior to development velocity by ten percent.
In any case a minimum ten -foot undisturbed
setback to adjoining property at all drainage
outfalls is required. Refer to subdivision ordi-
nance for additional requirements section 70-66
general requirements.
Note: Detention may be necessary and shall be
sufficient to store all excess flows to twenty -five-
year frequency twenty -four-hour storm. This is in
excess of runoff that would occur from site left in
pre -development.
(b) Acceptable management measures. Mea-
sures applied alone or in combination to satisfy
the intent of this section are acceptable if there
are no objectionable secondary consequences. The
county recognizes that the management of
stormwater runoff to minimize or control down-
stream channel and bank erosion is a developing
technology. Innovative techniques and ideas will
be considered and may be used when shown to
have the potential to produce successful results.
Some alternatives are to:
(1) Avoid increases in surface runoff volume
and velocity by including measures to
promote infiltration to compensate for in-
creased runoff from areas rendered imper-
vious.
(2) Avoid increases in stormwater discharge
velocities by using vegetated or rough-
ened swales and waterways in lieu of
closed drains and high velocity paved sec-
tions.
(3) Provide energy dissipators at outlets of
storm drainage facilities to reduce flow
velocities to the point of discharge. These
may range from simple rip -rapped sec-
tions to complex structures.
(4) Protect watercourses subject to acceler-
ated erosion by improving cross sections
and/or providing erosion -resistant lining.
(c) Exceptions. This rule of this section shall
not apply where it can be demonstrated that
stormwater discharge velocities will not create an
erosion problem in the receiving watercourse.
(d) The following is a table for maximum per-
missible velocity for stormwater discharges.
Maximum Permissible
Velocities
M¢terial Discharged Into
F.P.S.
M.P.S.
Fine sand (noncolloidal)
2.5
0.8
Sandy loan (noncolloidal)
2.5
0.8
Silt loam (noncolloidal)
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine gravel
5.0
1.5
Stiff clay (very colloidal)
U
1.5
Graded, loam to cobbles
(noncolloidal)
5.0
1.5
Graded, silt to cobbles
(colloidal)
5.5
13
Alluvial silts (noncolloidal)
3.5
1.1
Alluvial silts (colloidal)
5.0
1.5
Coarse gravel
(noncolloidal)
U
1.8
Cobbles and shingles
5.5
13
Shales and hard pans
U
1.8
Source. Adapted from recommendations by Spe-
cial Committee on Irrigation Research, American
Society of Civil Engineers, 1926, for channels
with straight alignment. For sinuous channels,
multiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels,
anI by 0.8 for highly sinuous channels.
(Ord. No. 20172, § 10, 2-2-93; Ord. No. 06-04-02,
§ 8, 44-06)
Sec. 26-249. Borrow and waste areas.
When the person conducting the land disturb-
ing activity is also the person conducting the
borTOW or waste disposal activity, areas from
which borrow is obtained either onsite or offsite,
anI 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 department's division of solid waste man-
agement shall be considered as part of the land
disturbing activity where the borrow material is
being used or from which the waste material
Supp. No. 15 CD26:36.3
BUNCOMBE COUNTY CODE
originated. When the person conducting the an
disturbing activity is not the person obtaining the
borrow and/or disposing of the waste, these areas
shall be considered a separate land disturbing
activity.
(Ord. No. 20172, § 11, 2-2-93)
Sec. 26-250. Access and haul roads.
Temporary access and haul roads, other than
public roads, constructed or used in connection
with any land disturbing activity shall be consid-
ered a part of such activity.
(Ord. No. 20172, § 12, 2-2-93)
Sec. 26-251. Operations in lakes or natural
watercourses.
Land disturbing activity in connection with
construction in, on, over, or under a lake or
natural watercourse shall be planned and con-
ducted in such a manner as to minimize the
extent and duration of disturbance of the stream
channel. The relocation of a stream, where relo-
cation is an essential part of the proposed activity,
shall be planned and executed so as to minimize
changes in the stream flow characteristics, except
when justification for significant alteration to
flow characteristic is provided. These activities
must be in accordance with all existing federal,
state, and local requirements.
(Ord. No. 20172, § 13, 2-2-93)
Sec. 26-252. Responsibility for maintenance.
During the development of a site, the person
conducting the land disturbing activity shall in-
stall and maintain all temporary and permanent
erosion and sedimentation control measures as
required by the approved plan or any provision of
this article, the Act, or any order adopted pursu-
ant to this article or the Act. After site develop-
ment, the landowner or person in possession or
control of the land shall install and/or maintain
all necessary permanent erosion and sediment
control measures, except those measures in-
stalled within a road or street right-of-way or
easement accepted for maintenance by a govern-
mental agency.
(Ord. No. 20172, § 14, 2-2-93)
Sec. 26-253. Additional measures.
Whenever the county determines that signifi-
cant sedimentation is occurring as a result of land
disturbing activity, despite application and main-
tenance of protective practices, the person con-
ducting the land disturbing activity will be re-
quired to and shall take additional protective
action.
(Ord. No. 20172, § 15, 2-2-93)
Sec. 26-254. Existing uncovered areas.
(a) All uncovered areas existing on February
2, 1993, which resulted from land disturbing
activity, exceeding one acre (43,560 square feet),
are subject to continued accelerated erosion, and
are causing offsite damage from sedimentation,
shall be provided with a ground cover or other
protective measures, structures, or devices suffi-
cient to restrain accelerated erosion and control
offsite sedimentation.
(b) The county will serve upon the landowner,
or other person in possession or control of the
land, a written notice of violation by registered or
certified mail, return receipt requested, or other
means reasonably calculated to give actual notice.
The notice will set forth the measures needed to
comply and will state the time within which such
measures must be completed. In determining the
measures required and the time allowed for com-
pliance, the county shall take into consideration
the economic feasibility, technology, and quantity
of work required, and shall set reasonable and
attainable time limits of compliance.
(c) The county reserves the right to require
preparation and approval of an erosion control
plan in any instance where extensive control
measures are required.
(d) This rule shall not require ground cover on
cleared land forming the future basin of a planned
reservoir.
(e) No fee shall apply to work required under
this section.
(Ord. No. 20172, § 16, 2-2-93)
Sec. 26-255. Restoration of areas affected by
failure to comply with sedimen-
tation control measures.
The county may require a person who engaged
in a land disturbing activity and failed to retain
Supp. No. 15 CD26:36.4
ENVIRONMENT
sediment generated by the activity, as required by
section 26-246(3), to restore the waters and land
affected by the failure so as to minimize the
detrimental effects of the resulting pollution by
sedimentation. This authority is in addition to
any other civil penalty or injunctive relief autho-
rized under this article.
Secs. 26-256-26-275. Reserved.
ARTICLE VI. JUNKED AND ABANDONED
VEHICLES*
Sec. 26-276. Authority and purpose.
This article is enacted pursuant to the powers
granted to Buncombe County by G.S. §§ 153A-
121, 153A432, and 153A-132.2. The purpose of
this article is to protect the health, safety, natural
scenic beauty, and property values of the county
from potential adverse effects caused by the pro-
liferation and improper disposal of junked motor
vehicles.
(Ord. No. 984-3, Art, I, 444-98)
Sec. 26-277. Jurisdiction.
This article shall be in effect in all unincorpo-
rated portions of the county, except areas within
the extra -territorial jurisdiction of municipalities;
and in any municipality which chooses to adopt
this article.
(Ord. No. 984-3, Art, II, 4-14-98)
Sec. 26-278. Administration.
The county director of general services is re-
sponsible for the administration and enforcement
of the provisions of this article.
(Ord. No. 984-3, Art, III, 4-14-98)
State law reference —Authority to prohibit the abandon-
ment of motor vehicles, N.C.G.S. § 153A-132.
*Editor's note —Ord. No. 98-4-3, Arts. I—X, adopted Apr.
14, 1998, amended Art. VI in its entirety to read as herein set
out. Former Art. VI, §§ 26-276-26-284, pertained to similar
subject matter and derived from Ord. No. 17955, §§ 1-9,
adopted July 17, 1984, and Ord. No. 18050, § 1, adopted Dec.
4, 1984.
Cross references —Solid waste management, ch. 62; traf-
fic and vehicles, ch. 74.
State law reference —Authority to regulate, restrain or
prohibit the abandonment of junk automobiles on public
grounds and private property, G.S. §§ 153A-132, 153A432.2.
Sec. 26-279. Definitions.
§ 26-279
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandoned vehicle means a vehicle that is left:
(1) Upon a public street or highway in viola-
tion of a law or ordinance prohibiting
parking; or
(2) On a public street or highway for longer
than seven days; or
(3) On property owned or operated by the
county for longer than 24 hours; or
(4) On private property without the consent
of the owner, occupant or lessee thereof,
for longer than two hours.
State law reference�Similar definition, G.S. § 153A-
132(b).
Junked motor vehicle means a vehicle that does
not lawfully display a current North Carolina
license plate and:
(1) Is partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the
manner in which it originally was in-
tended to move.
State law reference�Similar definition, G.S. § 153A-
132(a).
Motor vehicle or vehicle means all machines
designed or intended to travel over land (or water)
by self -propulsion or while attached to any self-
propelled vehicle.
Nuisance vehicle means a vehicle on public or
private property that is determined and declared
to be a health or safety hazard, a public nuisance,
anI unlawful, including a vehicle found to be,
Supp. No. 11 CD26:37
(1) A breeding ground, nest or harbor for
mosquitoes, other insects, rats or other
pests;
(2) A point of heavy growth of weeds or other
noxious vegetation over eight inches in
height;
(3) A point of collection of pools or ponds of
water;
MS4 Permit Audit Report
Weaverville, NC: NPDES Permit No. NCS000448
SUPPORTING DOCUMENT 2: Fee Schedule
Audit Date(s): January 19, 2021 Page 9 of 9
BUNCOMBE COUNTY
_ PLANNING & DEVELOPMENT
(828) 250-4830 - Planninglnfo@BuncombeCounty.org
www.buncombecounty.org/planning
ZONING "BY RIGHT" & SUBJECT TO SPECIAL REQUIREMENTS
Residential Zoning
FEE SCHEDULE
Effective July 1, 2020 — June 30, 2021
Single Family (attached and detached) and duplex units
$50.00
Per unit
Beaverdam Zoning District Review
$50.00
In addition to applicable
fees in fee schedule
Steep Slope/High Elevation, Protected Ridge, Blue Ridge Pkwy Overlay
$50.00
Zoning Determination Letter
$25.00
Flat fee
Residential Addition/Accessory
$25.00
3-10 units per building
$200.00
Multi Family Development
11-20 units per building
$300.00
(per building shell)
More than 20 units per building
$400.00
Work in Hillside Subdivisions, Steep
Slope/Protected Ridge/ Parkway Overlays
$25.00
Re -inspection
Due to Failure or Inadequacies
Multi -family Construction Due to Failure
$25.00
or Inadequacies
Single Family Residential
$50.00
Multi Family, Commercial, Office or
$125.00
Retaining Walls
Industrial
Water Supply Watershed
Single Family Residential
$50.00
Multi Family, Commercial, Office, Indust.
$100.00
Manufactured Home Park
$75.00
flat fee plus an
additional $10.00/ space
Commercial Zoning
Adult Establishment
Business License
$1,000.00
Entertainer License
$1,000.00
Commercial/Office Structure,
Addition, or Accessory Structure
Less than 10,000 sf
$125.00
10,000 sf to less than 50,000 sf
$300.00
50,000 sf to 100,000 sf
$450.00
More than 100,000 sf
$600.00
Off -Premise or Illuminated Sign Permit
$100.00
Flat fee
Re -inspection of Non-residential Construction Due to Failure or Inadequacies
$25.00
Zoning Determination Letter
$25.00
Junkyard Permit
Annual Registration
$200.00
New Junkyard
$200.00
Wireless Communication Facility
Application Review and Processing Fee
$5,000.00
Annual Renewal
$250.00
FY 2020-2021 FEE SCHEDULE PAGE 1 OF 4
Short Term Accommodations
Bed and Breakfast
$250.00
Campground
2 unit maximum
$50.00
More than 2 units
$250.00
Recreational Vehicle
2 unit maximum
$50.00
Flat fee
More than 2 units (PARK)
$250.00
Rooming House
$250.00
Vacation Rental
2 unit maximum and under 9,000 sf
$50.00
More than 2 units, or over 9,000 sf (COMPLEX)
$250.00
SUBDIVISION
Plat Review
$25.00
Flat Fee
Exempt Subdivision within Steep Slope/High
$50.00
Elevation Overlay or Protected Ridge Overlay
Re -review of Plats Due to Failure or Inadequacies
$25.00
Hillside Development Individual Lot Plan Review
$50.00
In addition to applicable fees in feeschedule
Minor / Major Subdivisions
4-10 Lots
$75.00
Flat fee plus additional $10.00 per lot
Minor Subdivisions
4-10 Lots with Hillside
$50.00
In addition to applicable fees in fee
Development
schedule
Revised Plan Review
$25.00
Flat fee
11 Lots or More
$175.00
Flat fee plus additional $15.00 per lot
Major Subdivisions
11 Lots or More with
$100.00
In addition to applicable fees in fee
Hillside Development
schedule
Revised Plan Review
$50.00
Flat fee
Flat Fee
Re -inspection of Subdivision Infrastructure
$50.00
* Fees shall be double base fee if
development of subdivision occurs prior to
plan approval
Resubmittal of Major/Minor Subdivisions due to
$25.00
Initial Plan Deficiencies
Flat fee
As -built Drawing Review
$25.00
Submittal of GOI
$50.00
Guarantee of
Renewal of GOI
$100.00
Improvements
Partial Release of GOI
$100.00
FY 2020-2021 FEE SCHEDULE PAGE 2 OF 4
EROSION & STORMWATER
Lot in Subdivision Subject to
$400.00
For .25 to less than 1 acre
Sec. 70-68, Hillside Subdivisions
Erosion &
Sedimentation
per acre, prorated
Control
All Properties, One Acre or
$525.00
*Fees shall be double the base fee if land
Greater Disturbance
disturbing activities commence before
obtaining a permit
One Acre
$525.00
Flat fee
Stormwater
per acre, prorated
Management
Greater Than One Acre
$525.00
* Fees shall be double the base fee if land
disturbing activities commence before
obtaining a permit
FLOODPLAIN
Residential Floodplain
Utility Change Out Existing Structure
$25.00
Single Family Manufactured Home
$150.00
Single Family Residential Stick Build or Modular
$250.00
Duplex
$350.00
Other Single Family Residential Development (Fill, Non -habitable Buildings,
Infrastructure)
$100.00
Flat fee
Lateral Addition to Existing Building
$150.00
Multiple Residential Lots: Land/Site Development
$400.00
Re -review of Work in a Floodplain Due to Failure or Inadequacies
$25.00
Commercial Floodplain
Utility Change -Out of Existing Structure
$25.00
Commercial Structure
Habitable
$350.00
Non -habitable (i.e. shed, garage)
$200.00
Lateral Addition to Existing Building
$250.00
Flat fee
Commercial Lot: Land/Site
Development
Single lot
$350.00
Multiple lots
$500.00
Re -review of Work in a Floodplain Due to Failure or Inadequacies
$25.00
COPIES
Black & White, Legal or Letter Size
$0.25
Color, Legal or Letter Size
$0.35
Black & White Plotted
$15.00
Per page
Color, Plotted
$15.00
FY 2020-2021 FEE SCHEDULE PAGE 3 OF 4
CASES REQUIRING A PUBLIC HEARING
Zoning Text Amendment
$500.00
Flat fee
Application
$350.00
Zoning Map
More than 1 lot
$25.00
Per each additional lot
Per each additional 25 acres
Amendment
More than 25 Acres
$200.00
* Maximum fee per application is
$2, 000.00
Flat fee plus an additional $10.00
Residential
$250.00
per each proposed lot/unit
*Maximum fee per application is
$2, 000.00
Structures less than
$250.00
10,000 sf
Structures 10,000 sf to
$ 500.00
Commercial/
Conditional
Off
ff
less than 50,000 sf
Use Permit
Industrial
Flat fee
Structures 50,000 sf to
$750.00
Development
100,000 sf
Structures more than
$1,000.00
100,000 sf
Per each additional 25 acres in
Commercial/Office/Industrial
$200.00
addition to applicable fees
Development - More than 25 Acres
*Maximum fee per application is
$2,000.00
Application
$250.00
Flat fee
Variance
Per each additional lot in addition
(Includes
More than 1 lot
$25.00
to applicable fees on current fee
Variances from
schedule
Other
Per each additional 25 acres in
Ordinances
Administered
addition to applicable fees on
by the
More than 25 Acres
$200.00
current fee schedule
Department)
*Maximum fee per application is
$2, 000.00
Re -advertisement of Public Hearing due to Applicant
$150.00
Request
Flat fee
Appeal of Zoning Administrator
$500.00
STREET ADDRESSING (E-911)
Address Determination Letter
Fee charged to mortgage companies and other businesses who require a determination letter for
address confirmations. This information is also available for free on the Buncombe County GIS system
$25.00
and tax records. Fee is not charged to private property owners or where the E-911 address needs
clarification on an issue not available in public records.
Private Road Name Change
Fee charged to individuals who own a private road and want to rename it for reasons other
$500.00
Flat fee
than safety or E-911 compliance.
Readdressing Subdivisions
Fee charged to developers with lots or units that have been
10 Lots or Less
$250.00
assigned addresses but later make changes to the lot layout that
More than 10 Lots
$500.00
makes the addresses unusable.
FY 2020-2021 FEE SCHEDULE PAGE 4 OF 4