HomeMy WebLinkAboutNCS000402_26_Stormwater Overview - Mebane - 2020_20210607City of Mebane Post Construction Stormwater Program Information Sheet
The City of Mebane is a NPDES Phase II Stormwater Permit holder. The City is required to review new
development projects to determine concurrence with the City's Permit. The City's Post Development
Construction Stormwater Program is governed by the City's Post -Construction Ordinance that was adopted in
2007. Projects that are subject to this ordinance are reviewed for stormwater runoff compliance according to
the Post Construction Ordinance, Unified Development Ordinance, the NC Division of Water Quality BMP
Manual, the City's Storm Sewer Design Manual, the City's Water Supply Watershed Ordinance (if applicable), the
City's Floodplain Development Ordinance, the City's Riparian Buffer Protection Ordinance, and good engineering
practice.
Projects that are not subject to the City's Post Development Construction Ordinance are generally those that do
not disturb 1 acre during their construction. These projects are not required to comply with the water quality
aspect of the Post Development Construction Program. Water Supply Watershed rules may still require water
quality treatment within the City's Water Supply Watershed Area. However, these projects may be required to
comply with the other aspects of sound stormwater design as described above in the following highlights. It
should be noted that projects that have a larger common plan of development that exceeds 1 acre are NOT
EXEMPT from the Post Development Construction Program.
General Notes on the Phase II Post Construction Program:
• Projects that are greater than 24% impervious (or built upon) are considered high density and must treat
the first 1" of runoff to 85% Total Suspended Solids (TSS) for the entire project. The treatment area is to
include the entire project area to the maximum extent practicable. High Density projects must also
match predevelopment discharge rates for the 1 year — 24 hour storm as well as compliance with stream
buffers and other items in the ordinance.
• Projects less than 24% impervious (or built upon) are considered low density and must use vegetated
conveyances to the maximum extent practicable as well as comply with stream buffers and other items
in the Ordinance.
• Streams shown on the USGS Quadmap OR the NRCS Soil Survey Map must comply with the Jordan Lake
Riparian Buffer Protection Ordinance.
• Structural Stormwater BMP's require ANNUAL inspection and the inspections are to be submitted to the
City each year after completion. Structural stormwater BMP's within the watershed are inspected by the
City on annual basis (this is included within the BMP O&M Agreement).
• Article 5-2 Watershed Overlay District Regulations as contained in Mebane's LIDO applies to all new
development in Water Supply Watersheds.
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 0 919 563 5901 dcheek@cityofinebane.com
Local Stormwater Design Manual Requirements
The City has found the need to clarify some design requirements that may not be clear within the NC DWQ BMP
Manual or may not be required within the NC DWQ BMP Manual but the City has seen the need to require due
to the City's specific program.
• All High Density Projects will require peak runoff detention of a minimum of post development runoff
rates matching or being less than the pre -development runoff rates for the 10-year storm event. Larger
storm peak runoff matching may be required as well.
• Site development is to maintain existing discharge points to the maximum extent practicable. This
includes matching of pre and post development discharge rates AND drainage area totals at each
discharge point.
• Water Quality Ponds are highly recommended to be designed for 90% TSS. Ponds sized only for 85% TSS
will be required to fully comply with the NC DWQ BMP Manual, which will generally require a 30' or 50'
vegetative filter at the outlet of the pond.
• Bio-retention Basins are highly recommended to be designed with Internal Water Storage to enhance
nutrient removal.
• Fencing Requirements must be met.
Jordan Lake Riparian Buffer Protection Requirements
• Streams shown on the USGS Quadmap OR the NRCS Soil Survey Map must comply with the Jordan Lake
Riparian Buffer Protection Ordinance.
• Note that the NRCS Soil Survey Map for Alamance County is from April 1960.
• The buffer is measured from the top of the bank, in all directions, as determined in the field.
• The City of Mebane will make stream determinations for reference to buffer applicability only. The City's
jurisdiction is only from the top of bank outward from the stream.
• Owners, developers, and designers are encouraged to have streams delineated on their project. Once
the City of Mebane makes a determination that determination will be binding and any disputes to the
City's determination must go through the regulated buffer appeal process.
• Zone 1 of the buffer extends from the top of bank outward 30' and is to remain undisturbed. Zone 2 of
the buffer extends from 30' away from the stream (Zone 1 limits) to 50' from the top of bank and is to
remain vegetated.
• Impacts to the buffer are described within the buffer ordinance and exempt, allowable, and allowable
with mitigation uses are included in the Table of Uses.
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 0 919 563 5901 dcheek@cityofinebane.com
• Diffuse flow into the buffer is required, unless the flows are adequately treated by an appropriate
stormwater device.
Local Submittal Requirements
• Presubmittal Meetings are highly encouraged.
• Stormwater Submittals are reviewed by Franz Holt, P.E. or Kyle Smith, P.E. of Alley, Williams, Carmen,
and King, Inc. Franz can be contacted at fholt@awck.com or at City Hall at (919)563-5901. Kyle can be
contacted at ksmith@awck.com or at (336)226-5534.
• Submittals must include the following:
o Stormwater Application.
o Stormwater Calculation.
o Full Set of 24"x36" plans (not larger).
o Project and Stormwater Narrative.
o Stormwater Fee (if applicable).
• Stormwater BMP's require an Operation and Maintenance Agreement. The O&M Agreement needs to
be completed and submitted to the City prior to plan approval.
• NCDENR's Storm EZ may be used for design purposes, with a predesign approval.
• Projects subject to the Phase II Construction Program must complete the Jordan/Falls Lake Accounting
Tool. Compliance with the tool is not required but completion of the tool is required. The tool is
available from NCDENR.
• AutoCAD .dwg files or shapefiles are required for water quality asbuilts. Adobe PDFs of certifications and
plan sheets should be included with the as-builts. As-builts should include pictures of the bmp to visually
verify the status of the bmp.
Exhibits
• Stormwater Management Chart.
• Post Construction Ordinance.
• Storm Sewer Design Manual.
• Article 5 of the Mebane UDO including the Water Supply Watershed and Floodplain Development
Regulations.
• Riparian Buffer Protection Ordinance.
• Riparian Buffer Exhibit and Application.
• Stormwater Application.
• Stormwater Operation and Maintenance Agreement.
• Stormwater As -built Forms.
CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 0 919 563 5901 dcheek@cityofinebane.com
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Phase H Stormwater
Post- Construction Ordinance
City of Mebane
Adopted by Mebane City Council
May 7, 2007
This Page Intentionally Left Blank
Table of Contents
Section 1: GENERAL PROVISIONS.....................................................................1
101
Title......................................................................................................... 1
102
Authority..................................................................................................1
103
Findings.................................................................................................. 1
104
Purpose...................................................................................................1
105
Applicability and Jurisdiction................................................................... 3
106
Interpretation........................................................................................... 4
107
Stormwater BMP Design Manual............................................................ 6
108
Relationship to Other Laws, Regulations and Private Agreements......... 7
109
Severability............................................................................................. 7
110
Effective Date.......................................................................................... 7
Section 2: ADMINISTRATION AND PROCEDURES............................................8
201 Review and Decision -Making Entities ..................................................... 8
202 Review Procedures.................................................................................8
203 Applications for Approval...................................................................... 11
204 Approvals.............................................................................................. 13
205 Appeals................................................................................................. 14
Section 3:
STANDARDS.....................................................................................
15
301
General Standards................................................................................
15
302
Development Standards for Low -Density Projects ................................
15
303
Development Standards for High -Density Projects ...............................
16
304
Standards for Stormwater Control Measures ........................................
17
305
Dedication of BMP's, Facilities, and Improvements ..............................
17
306
Variances..............................................................................................
18
307
Nutrient Sensitive Waters Program.......................................................
19
308
Nutrient Management and Application Program ...................................
19
309
On -site Wastewater Treatment Systems ...............................................
22
Section 4: MAINTENANCE................................................................................. 23
401 General Standards for Maintenance..................................................... 23
402 Operation and Maintenance Agreement ............................................... 23
403 Inspection Program...............................................................................25
404 Performance Security for Installation and Maintenance ........................ 26
405 Notice to owners................................................................................... 27
406 Records of Installation and Maintenance Activities ............................... 28
407 Nuisance...............................................................................................28
408 Maintenance Easement........................................................................ 28
Section 5: ENFORCEMENT AND VIOLATIONS ................................................. 29
501 General.................................................................................................29
502 Remedies and Penalties....................................................................... 30
503 Procedures............................................................................................31
Section 6: DEFINITIONS.....................................................................................34
601 Terms Defined...................................................................................... 34
SECTION 1: GENERAL PROVISIONS
101 Title
This ordinance shall be officially known as "The Phase II Stormwater
Ordinance." It is referred to herein as "this ordinance."
102 Authority
The City of Mebane is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; North Carolina General Statutes 143-214.7
and rules promulgated by the Environmental Management Commission
thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185.
103 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding,
soil erosion, stream channel erosion, nonpoint and point source pollution,
and sediment transport and deposition, as well as reducing groundwater
recharge;
These 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; and
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 this jurisdiction, to adopt the minimum
stormwater controls such as those included in this ordinance.
Therefore, the Mebane City Council establishes this set of water quality and
quantity regulations to meet the requirements of state and federal law
regarding control of stormwater runoff and discharge.
104 Purpose
(A) General
The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
Mebane Stormwater Ordinance Page 1 2007
increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment.
It has been determined that proper management of construction -related
and post -development stormwater runoff will minimize damage to public
and private property and infrastructure, safeguard the public health,
safety, and general welfare, and protect water and aquatic resources.
(B) Specific
This ordinance seeks to meet its general purpose through the following
specific objectives and means:
Establishing decision -making processes for development that
protects the integrity of watersheds and preserve the health of
water resources;
2. Requiring that new development and redevelopment maintain the
pre -development hydrologic response in their post -development
state as nearly as practicable for the applicable design storm to
reduce flooding, streambank 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 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, riparian buffers,
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.
Mebane Stormwater Ordinance Page 2 2007
105 Applicability and Jurisdiction
(A) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, and subdivision applications within the
corporate limits and extraterritorial jurisdiction of the City of Mebane,
unless exempt pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
Development that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that does not result in a net increase in built -upon area
and that provides greater or equal stormwater control than the previous
development, and is not part of a larger common plan of development.
Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate or distinct activities
take place at different times on different schedules.
Activities that are exempt from 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 provisions of this
ordinance.
Transitional Provisions and Exemptions
a. Final Approvals, Complete Applications
All development and redevelopment projects for which complete
and full applications were submitted and approved by the City of
Mebane prior to the effective date of this ordinance and which
remain valid, unexpired, unrevoked and not otherwise
terminated at the time of development or redevelopment shall
be exempt from complying with all provisions of this ordinance
dealing with the control and/or management of post -construction
runoff, but shall be required to comply with all other applicable
provisions included in the project approval documents.
A phased development plan shall be deemed approved prior to
the effective data of this ordinance if it has been approved by all
necessary government units, it remains valid, unexpired,
unrevoked and not otherwise terminated, and it shows:
Mebane Stormwater Ordinance Page 3 2007
• For the initial or first phase of development, the type and
intensity of use for a specific parcel or parcels, including at
a minimum, the boundaries of the project and a subdivision
plan that has been approved.
• For any subsequent phase of development, sufficient detail
so that implementation of the requirements of this
ordinance to that phase of development would require a
material change in that phase of the plan.
b. Violations Continue
Any violation of provisions existing on the effective date of this
ordinance shall continue to be a violation under this ordinance
and be subject to penalties and enforcement under this
ordinance unless the use, development, construction, or other
activity complies with the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development for
which a permit is required pursuant to this ordinance shall occur except
in compliance with the provisions, conditions, and limitations of the
permit.
(D) Stormwater Map
The provisions of this ordinance shall apply within the areas designated
on the map titled "Phase II Stormwater Map of City of Mebane, North
Carolina" ("the Stormwater Map"), which is adopted simultaneously
herewith. The Stormwater Map and all explanatory matter contained
thereon accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater
Administrator and shall be updated to take into account changes in the
land area covered by this ordinance and the geographic location of all
structural BMPs permitted under this ordinance. In the event of a
dispute, the applicability of this ordinance to a particular area of land or
BMP shall be determined by reference to the North Carolina Statutes,
the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
106 Interpretation
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific
purposes set forth in Section 104, Purpose. If a different or more specific
meaning is given for a term defined elsewhere in The City of Mebane's
Mebane Stormwater Ordinance Page 4 2007
code of ordinances, the meaning and application of the term in this
ordinance shall control for purposes of application of this ordinance.
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map,
the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the
interpretation of this ordinance. Any person may request an
interpretation by submitting a written request to the Stormwater
Administrator who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written
interpretations of this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute,
regulation, manual (including the Stormwater BMP Design Manual), or
document, it shall be construed as a reference to the most recent edition
of such that has been finalized and published with due provision for
notice and comment, unless otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding
the first day and including the last day. If a deadline or required date of
action falls on a Saturday, Sunday, or holiday observed by the City of
Mebane, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the City of
Mebane. References to days are calendar days unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the
Stormwater Administrator of the City of Mebane may be carried out by
his or her designee.
(G) Usage
Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature,
establishing an obligation or duty to comply with the particular
provision. The words "may" and "should" are permissive in nature.
2. Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall
be interpreted as follows: The word "and" indicates that all
Mebane Stormwater Ordinance Page 5 2007
connected items, conditions, provisions and events apply. The word
"or" indicates that one or more of the connected items, conditions,
provisions or events apply.
3. Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural
number includes the singular number, unless the context of the
particular usage clearly indicates otherwise. Words used in the
masculine gender include the feminine gender, and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside
the lot lines of a lot or site.
107 Stormwater BMP Design Manual
(A) Reference to the Manual of Stormwater Best Management Practices
(BMP).
The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the
latest published edition or revision of the North Carolina Department of
the Environment and Natural Resources -Division of Water Quality's
Manual of Stormwater Best Management Practices (referred to herein
as the Stormwater BMP Design Manual). The BMP Stormwater BMP
Design Manual will serve as the basis for decisions about stormwater
permits and about the design, implementation and performance of
structural and non-structural stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable
stormwater treatment practices, including specific design criteria for
each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
(B) Relationship of Stormwater BMP Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the Stormwater BMP Design Manual
are more restrictive or apply a higher standard than other laws or
regulations, that fact shall not prevent application of the specifications or
guidelines in the Stormwater BMP Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Stormwater BMP Design Manual are amended
Mebane Stormwater Ordinance Page 6 2007
subsequent to the submittal of an application for approval pursuant to
this ordinance but prior to approval, the new information shall control
and shall be utilized in reviewing the application and in implementing
this ordinance with regard to the application.
108 Relationship to Other Laws, Regulations and Private Agreements
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance,
rule, regulation or other provision of law. Where any provision of this
ordinance imposes restrictions different from those imposed by any
other ordinance, rule, regulation or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare shall control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations
of this ordinance are more restrictive or impose higher standards or
requirements than such easement, covenant, or other private
agreement, the requirements of this ordinance shall govern. Nothing in
this ordinance shall modify or repeal any private covenant or deed
restriction, but such covenant or restriction shall not legitimize any
failure to comply with this ordinance. In no case shall City of Mebane be
obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
109 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause
of this ordinance shall be adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or invalidate the remainder of any
section, subsection, paragraph, subdivision or clause of this ordinance.
110 Effective Date
(A) Effective Date
This Ordinance shall take effect on July 1, 2007.
Mebane Stormwater Ordinance Page 7 2007
SECTION 2: ADMINISTRATION AND PROCEDURES
201 Review and Decision -Making Entities
(A) Stormwater Administrator
Designation
Unless otherwise designated by the Mebane City Council, the
Stormwater Administer shall be the City Manager or his designee.
The Stormwater Administer shall administer and enforce this
ordinance.
2. Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the City of Mebane code and other laws, the
Stormwater Administrator shall have the following powers and duties
under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this
ordinance.
c. To establish application requirements and schedules for
submittal and review of applications and appeals, to review and
make recommendations to the Mebane City Council on
applications for development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with
its enforcement provisions.
e. To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and
administration of this ordinance.
f. To provide expertise and technical assistance to the Mebane
City Council, upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions
of this ordinance.
202 Review Procedures
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment
unless exempt pursuant to this ordinance. A permit may only be issued
subsequent to a properly submitted and reviewed permit application,
pursuant to this section.
Mebane Stormwater Ordinance Page 8 2007
(B) Effect of Permit
A stormwater permit shall govern the design, installation, and
construction of stormwater management and control practices on the
site, including structural BMPs and elements of site design for
stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and
control of stormwater for the development or redevelopment site
consistent with the requirements of this ordinance, whether the
approach consists of structural BMPs or other techniques such as low -
impact or low -density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this
ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly
authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
Application Contents and Form
The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the stormwater
permit application shall describe in detail how post -development
stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project
will meet the requirements of this ordinance.
2. Submission Schedule
The Stormwater Administrator shall establish a submission schedule
for applications, which shall be reviewed and approved by the
Mebane City Council. The schedule shall establish deadlines by
which complete applications must be submitted for the purpose of
ensuring -that there is adequate time to review applications; and that
the various stages in the review process are accommodated.
3. Permit Review Fees
The Mebane City Council shall establish permit review fees as well
as policies regarding refund of any fees upon withdrawal of an
application, and may amend and update the fees and policies from
time to time.
Mebane Stormwater Ordinance Page 9 2007
4. Administrative Manual
For applications required under this Code, the Stormwater
Administrator shall compile the application requirements,
submission schedule, fee schedule, a copy of this ordinance, and
information on how and where to obtain the Stormwater BMP
Design Manual in an Administrative Manual, which shall be made
available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator
pursuant to the application submittal schedule in the form established by
the Stormwater Administrator, along with the appropriate fee established
pursuant to this section.
An application shall be considered as timely submitted only when it
contains all elements of a complete application pursuant to this
ordinance, along with the appropriate fee. If the Stormwater
Administrator finds that an application is incomplete, the applicant shall
be notified of the deficient elements and shall be provided with an
opportunity to submit a complete application. However, the submittal of
an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
Within 10 working days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this ordinance.
Approval
If the Stormwater Administrator finds that the application complies
with the standards of this ordinance, the Stormwater Administrator
shall approve the application. The Stormwater Administrator may
impose conditions of approval as needed to ensure compliance with
this ordinance. The conditions shall be included as part of the
approval.
2. Fails to Comply
If the Stormwater Administrator finds that the application fails to
comply with the standards of this ordinance, the Stormwater
Administrator shall notify the applicant and shall indicate how the
application fails to comply. The applicant shall have an opportunity
to submit a revised application.
3. Revision and Subsequent Review
Mebane Stormwater Ordinance Page 10 2007
A complete revised application shall be reviewed by the Stormwater
Administrator within 10 working days after its re -submittal and
shall be approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar
days from the date the applicant was notified, the application shall
be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the
appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without
payment of an additional permit review fee. Any re -submittal after
the first re -submittal shall be accompanied by a permit review fee
additional fee, as established pursuant to this ordinance.
203 Applications for Approval
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed
complete, the Stormwater Administrator or developer may request a
consultation on a concept plan for the post -construction stormwater
management system to be utilized in the proposed development project.
This consultation meeting should take place at the time of the sketch or
preliminary plan of subdivision or other early step in the development
process.
The purpose of this meeting is to discuss the post -construction
stormwater management measures necessary for the proposed project,
as well as to discuss and assess constraints, opportunities and potential
approaches to stormwater management designs before formal site
design engineering is commenced. Watershed Overlay Districts and
other relevant resource protection plans should be consulted in the
discussion of the concept plan.
To accomplish this goal the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography; perennial
and intermittent streams; mapping of predominant soils from soil
surveys (if available); boundaries of existing predominant
vegetation, proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other
impervious surfaces.
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Existing and proposed topography shall be shown at two -foot
contour intervals on the tract to be developed and a minimum of
100-feet beyond the property lines. All contour information shall be
based on mean sea level and accurate to within one-half foot, The
benchmark, with its description and the datum, shall be clearly
shown on the plan.
2. Natural Resources Inventory
A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the
project. This description should include a discussion of soil
conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and
boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other
setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive
features that provide particular opportunities or constraints for
development and stormwater management.
3. Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development
stormwater management system including: preliminary selection
and location of proposed structural stormwater controls; low -impact
design elements; location of existing and proposed conveyance
systems such as grass channels, swales, and storm drains; flow
paths; location of flood plain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and
preliminary location of any proposed stream channel modifications,
such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Section 3: Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil
scientist or landscape architect, and the engineer, surveyor, soil scientist
or landscape architect shall perform services only in their area of
competence,
The plans shall contain a signed and sealed statement certifying that the
design of all stormwater management facilities and practices will control
and treat the runoff generated from one inch of rainfall over the total
project area, that the designs and plans are sufficient to comply with
Mebane Stormwater Ordinance Page 12 2007
applicable standards and policies found in the Stormwater BMP Design
Manual, and that the designs and plans ensure compliance with this
ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 202(E).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall
be granted, the applicant shall certify, under seal, that the completed
project is in accordance with the approved stormwater management
plans and designs and with the requirements of this ordinance. The
applicant shall submit all of the information required in the As -Built
submittal checklist established by the Stormwater Administrator. As -
built submittals shall be certified by a qualified registered North Carolina
professional engineer, surveyor, soil scientist or landscape architect. A
final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the City of
Mebane without final as -built plans and a final inspection and approval
by the Stormwater Administrator.
204 Approvals
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific
plans and activities authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.
(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed
to make substantial progress on the site within one year after the date of
approval. The Stormwater Administrator may grant a single, one-year
extension of this time limit, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant's vested
rights.
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205 Appeals
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this
ordinance made by the Stormwater Administrator may file an appeal to
the Mebane City Council within 30 days.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice
of appeal and specifying the grounds for appeal on forms provided by
City of Mebane. The Stormwater Administrator shall forthwith transmit to
the Mebane City Council all documents constituting the record on which
the decision appealed from was taken.
The hearing conducted by the Mebane City Council shall be conducted
in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence.
(C) Review by Superior Court
The decision of the Mebane City Council shall be subject to Superior
Court review by proceedings in the nature of certiorari. Petition for
review by the Superior Court shall be filed with the Clerk of Superior
Court within thirty (30) days after the latter of the following:
The decision of the Mebane City Council is filed; or
2. A written copy of the decision is delivered to every aggrieved party
who has filed a written request for such copy with the Mebane City
Council at the time of its hearing of the case.
Mebane Stormwater Ordinance Page 14 2007
SECTION 3: STANDARDS
301 General Standards
All development and redevelopment to which this ordinance applies shall
comply with the standards of this section. The design and construction of
stormwater improvements shall be according to the City of Mebane Storm
Sewer Design Manual which requirements are hereby adopted and made a
part of this Ordinance as if set out in full.
302 Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-
four percent built -upon area for all residential and non-residential
development) shall comply with each of the following standards:
(A) Stormwater Conveyance
Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(B) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A perennial or intermittent
surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by
the United States Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar
site -specific determination made using Division -approved methodology.
(C) Density Provision
A project with an overall density at or below the low -density thresholds,
but containing areas with a density greater than the overall project
density, may be considered low density as long as the project meets or
exceeds the post -construction model practices for low -density projects
and locates the higher density in upland areas and away from surface
waters and drainageways to the maximum extent practicable.
(D) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
Mebane Stormwater Ordinance Page 15 2007
development and redevelopment maintains the site consistent with the
approved project plans.
303 Development Standards for High -Density Projects
High -density projects (any project that exceeds the low density thresholds
for dwelling units per acre or built -upon area) shall implement structural
stormwater management systems that comply with each of the following
standards:
(A) Treatment Volume
The measures shall be designed to control and treat the stormwater run-
off generated by the 1" (one inch) of rain;
(B) Drawdown Time
Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours;
(C) Post -Development Flows
Stormwater shall not leave the project site at a rate greater than the
predevelopment discharge rate for the ten-year, 24-hour storm;
(D) Total Suspended Solids Removal
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 (TSS);
(E) General Design Criteria
General engineering design criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c), as explained in the Design
Manual;
All stormwater control measures that incorporate a permanent or
temporary water pool with depth greater than two feet shall be fenced.
The fence shall meet the design standards maintained by the
Stormwater Administrator.
(F) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A surface water shall be
deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be
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allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific
determination made using Division -approved methodology.
(G) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
304 Standards for Stormwater Control Measures
(A) Evaluation According to Contents of Stormwater BMP Design Manual
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 Stormwater Administrator
according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each
stormwater practice, in the Stormwater BMP Design Manual. The
Stormwater Administrator shall determine whether proposed BMPs will
be adequate to meet the requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
Stormwater BMP Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this ordinance.
Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and
specifications in the Stormwater BMP Design Manual, the applicant shall
have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to
provide the documentation, calculations, and examples necessary for
the Stormwater Administrator to determine whether such an affirmative
showing is made.
(C) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table
305 Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of the property or a
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legally established property owner's association. Such facilities shall meet
all the requirements of this ordinance and include adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
306 Variances
(A) Petition
Any person may petition the City of Mebane for a variance granting
exceptions from the 30-foot landward location of built -upon area
requirement as well as the deed restrictions and protective covenants
requirement as follows:
1. Unnecessary hardships would result from strict application of this
ordinance.
2. The hardships result from conditions that are peculiar to the
property, such as the location, size, or topography of the property.
3. The hardships did not result from actions taken by the petitioner.
4. The requested variance is consistent with the spirit, purpose, and
intent of this ordinance; will secure public safety and welfare; and
will preserve substantial justice.
(B) Conditions and safeguards
The City of Mebane may impose reasonable and appropriate conditions
and safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the
30-foot landward location of built -upon area requirement as well as the
deed restrictions and protective covenants requirements shall be
granted in any of the following instances:
1. When there is a lack of practical alternatives for a road crossing,
railroad crossing, bridge, airport facility, or utility crossing as long as
it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs.
2. When there is a lack of practical alternatives for a stormwater
management facility; a stormwater management pond; or a utility,
including, but not limited to, water, sewer, or gas construction and
maintenance corridor, as long as it is located 15 feet landward of all
perennial and intermittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against
Mebane Stormwater Ordinance Page 18 2007
erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs.
3. A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or
density of the proposed activity and all alternative designs, the basic
project purpose cannot be practically accomplished in a manner
which would avoid or result in less adverse impact to surface
waters.
307 Nutrient Sensitive Waters Program
In addition to the standards for stormwater handling set out in the
Stormwater BMP Design Manual, development and redevelopment shall
design and implement the best stormwater practices that reduce nutrient
loading, while still meeting the other requirements of this ordinance.
308 Nutrient Management and Application Program
This section requires both inorganic fertilizer and organic nutrient application
to be performed with the most current state -recognized technical guidance
on proper nutrient management.
(A) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the City of Mebane as follows.
Persons who own or manage cropland areas for commercial
purposes;
2. Persons who own or manage commercial ornamental and
floriculture areas and greenhouse production areas;
3. Persons who own or manage golf courses, grassed public
recreational lands, grassed road or utility rights -of -way, or other
institutional lands totaling at least five acres in size;
4. Persons hired to apply nutrients to the lands described in Sub -Items
(1) through (3) above or to residential, commercial, industrial or
institutional properties, if the total area of the properties served
exceeds 10 acres. This shall not apply to residential, commercial, or
industrial landowners who apply nutrients to their own property.
5. Nutrient management consultants hired by persons listed in this
Item to provide nutrient management advice for lands in the City's
jurisdiction.
(B) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
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Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
City's jurisdiction shall either:
a. Attend and complete nutrient management training pursuant to
Item 308(C) of this Section; or
b. Complete and properly implement a nutrient management plan
for all lands to which they apply or manage the application of
nutrients, or for which they provide nutrient management advice,
pursuant to Item 308(D) of this Section.
2. Persons who hire an applicator to apply nutrients to the land that
they own or manage shall either:
a. Ensure that the applicator they hire has attended and completed
nutrient management training pursuant to Item 308(C) of this
Section; or
b. Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage
pursuant to Item 308(D) of this Section; or
c. Complete a nutrient management plan for the land that they
own or manage pursuant to Item 308(D) of this Section and
ensure that the applicator they hire follows this plan.
(C) Nutrient Management Training
Persons who choose to meet this requirement by completing nutrient
management training shall meet the following requirements.
1. Persons who are subject to this Ordinance as of its effective date,
and persons who become subject to this Ordinance after its effective
date, shall complete training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality within five years
and obtain a certificate from the training entity to that effect.
Training shall be sufficient to provide participants with an
understanding of the value and importance of proper management
of nitrogen and phosphorus, and the water quality impacts of poor
nutrient management, and the ability to understand and properly
carry out a nutrient management plan.
2. Persons who become subject to this Ordinance after its effective
date shall complete the training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality and obtain a
certificate to that effect from the training entity within one year from
the date that they become subject verifying completion of training
that addresses the elements identified in 308(C)1.
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3. Persons who fail to obtain the nutrient management certificate within
the required timeframes or who are found by the Stormwater
Administrator to have knowingly failed to follow nutrient
management requirements as referenced in 308(D)1 through
308(D)1.c of this section shall develop and properly implement
nutrient management plans pursuant to Item (e) of this Section.
4. Training certificates must be kept on -site, at the job site, or be
produced within 24 hours of a request by the City of Mebane.
(D) Nutrient Management Plans
Persons who choose to meet the nutrient application requirement by
completing and implementing a nutrient management plan shall meet
the following requirements.
Persons who are subject to this Ordinance as of its effective date
and persons who become subject to this Ordinance after its effective
date shall develop and implement a nutrient management plan that
meets the following standards within five years of the effective date
or within 6 months from the date that they become subject,
whichever is later.
a. Nutrient management plans for cropland shall meet the
standards and specifications adopted by the NC Soil and Water
Conservation Commission, including those found in 15A NCAC
06E .0104 and 15A NCAC 06F .0104, which are incorporated
herein by reference, including any subsequent amendments and
additions to such rules that are in place at the time that plans
are approved by a technical specialist as required under
308(D)2 of this section.
b. Nutrient management plans for turfgrass shall follow the North
Carolina Cooperative Extension Service guidelines in "Water
Quality and Professional Lawn Care" (NCCES publication
number WQMM-155), "Water Quality and Home Lawn Care"
(NCCES publication number WQMM-151), or other equivalent
or more stringent guidance distributed by land-grant universities
for turfgrass management.
c. Nutrient management plans for nursery crops and greenhouse
production shall follow the Southern Nurserymen's Association
guidelines promulgated in "Best Management Practices Guide
For Producing Container -Grown Plants" or guidelines distributed
by land-grant universities. The materials related to nutrient
management plans for turfgrass, nursery crops and greenhouse
production are hereby incorporated by reference including any
subsequent amendments and editions and are available for
inspection at the Department of Environment and Natural
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Resources Library, 512 North Salisbury Street, Raleigh, North
Carolina.
2. The person who writes the nutrient management plan shall have the
plan approved in writing by a technical specialist. Appropriate
technical specialists shall be as follows.
a. Nutrient management plans for cropland using either inorganic
fertilizer or organic nutrients shall be approved by a technical
specialist designated pursuant to the process and criteria
specified in Rules adopted by the Soil and Water Conservation
Commission for nutrient management planning, including 15A
NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule.
b. Nutrient management plans for turfgrass and nursery crops and
greenhouse production shall be approved by a technical
specialist designated by the Soil and Water Conservation
Commission pursuant to the process and criteria specified in
15A NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule. If
the Soil and Water Conservation Commission does not
designate such specialists, then the Environmental
Management Commission shall do so using the same process
and criteria.
3. Nutrient management plans and supporting documents must be
kept on -site or be produced within 24 hours of a request by the City.
309 On -site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on -site
wastewater treatment systems, a copy of the approved system permit
issued by the Alamance County Environmental Health Department shall be
provided to the Stormwater Administrator.
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SECTION 4: MAINTENANCE
401 General Standards for Maintenance
(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) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed
pursuant to this ordinance shall submit to the Stormwater Administrator
an annual inspection report from one of the following persons
performing services only in their area of competence: a qualified
registered North Carolina professional engineer, surveyor, or landscape
architect, soil scientist, aquatic biologist, or person certified by the North
Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall
contain all of the following:
1. The name and address of the land owner,
2. The recorded book and page number of the lot of each structural
BMP;
3. A statement that an inspection was made of all structural BMPs;
4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
6. The original signature and seal of the engineer, surveyor, or
landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built
certification.
402 Operation and Maintenance Agreement
(A) In General
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 a
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
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lots or parcels served by the structural BMP. Until the transference 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.
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 City of
Mebane a right of entry in the event that the Stormwater Administrator
has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the structural BMP; however, in no case
shall the right of entry, of itself, confer an obligation on City of Mebane to
assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the
Stormwater 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 Stormwater Administrator
within fourteen (14) days following its recordation.
(B) 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 escrow 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 City of Mebane, in its sole discretion, may
remedy the situation, and in such instances the City of Mebane shall
be fully reimbursed from the escrow account. Escrowed 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 City of
Mebane shall first consent to the expenditure.
3. Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial
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construction cost of the structural BMPs. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the
structural BMPs. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the
association shall include an allocation into the escrow account. Any
funds drawn down from the escrow 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
escrow account may be varied by the City of Mebane depending on
the design and materials of the stormwater control and management
facility.
5. Granting to the City of Mebane a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
6. Allowing the City of Mebane to recover from the association any and
all costs the City of Mebane expends to maintain or repair the
structural BMPs or to correct any operational deficiencies. Failure to
pay the City of Mebane all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. In case of
a deficiency, the City of Mebane 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. Interest, collection costs, and attorney fees
shall be added to the recovery.
7. A statement that this agreement shall not obligate the City of
Mebane to maintain or repair any structural BMPs, and the City of
Mebane 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 City of Mebane to enforce any of its
ordinances as authorized by law.
9. A provision indemnifying and holding harmless the City of Mebane
for any costs and injuries arising from or related to the structural
BMP, unless the City of Mebane 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.
403 Inspection Program
Inspections and inspection programs by City of Mebane may be conducted
or established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or
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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.
If the owner or occupant of any property refuses to permit such inspection,
the Stormwater Administrator shall proceed to obtain an administrative
search warrant pursuant to G.S. 15-27.2 or its successor. No person shall
obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties.
404 Performance Security for Installation and Maintenance
(A) May Be Required
The City of Mebane may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in order
to ensure that the structural BMPs are
1. installed by the permit holder as required by the approved
stormwater management plan, and/or
2. maintained by the owner as required by the operation and
maintenance agreement.
(B) Amount
Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit,
plus 25%.
2. Maintenance
The amount of a maintenance performance security shall be the
equal to forty (40) percent of the total estimated construction cost of
the BMP approved under the permit.
(C) Uses of Performance Security
Forfeiture Provisions
The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain any actions which may be
required of the applicant or owner in accordance with this ordinance,
approvals issued pursuant to this ordinance, or an operation and
maintenance agreement established pursuant to this ordinance.
2. Default
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Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the
applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of
the security to make necessary improvements based on an
engineering estimate. Such expenditure of funds shall only be made
after requesting the owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation
performance security, the City of Mebane shall not return any of the
unused deposited cash funds or other security, which shall be
retained for maintenance.
3. Costs in Excess of Performance Security
If City of Mebane takes action upon such failure by the applicant or
owner, the City may collect from the applicant or owner the
difference between the amount of the reasonable cost of such action
and the amount of the security held, in addition to any other
penalties or damages due.
4. Refund
Within sixty days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, with the
exception of any amount attributable to the cost (plus 25%) of
landscaping installation and ongoing maintenance associated with
the BMPs covered by the security. Any such landscaping shall be
inspected one (1) year after installation with replacement for
compliance with the approved plans and specifications and, if in
compliance, the portion of the financial security attributable to
landscaping shall be released.
405 Notice to owners
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to
every structural BMP shall be referenced on the final plat and 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 title of all subsequent purchasers
under generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator
to assure compliance with this ordinance, structural BMPs shall be
posted with a conspicuous sign stating who is responsible for required
Mebane Stormwater Ordinance Page 27 2007
maintenance and annual inspection. The sign shall be maintained so as
to remain visible and legible.
406 Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections,
maintenance, and repairs for at least five years from the date of creation of
the record and shall submit the same upon reasonable request to the
Stormwater Administrator.
407 Nuisance
The owner of each stormwater BMP, whether structural or non-structural
BMP, shall maintain it so as not to create or result in a nuisance condition.
408 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance
easement. This access maintenance easement shall have a minimum width
of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be
cleared, and be traversable by construction equipment. The easement shall
be recorded and its terms shall specify who may make use of the easement
and for what purposes.
Mebane Stormwater Ordinance Page 28 2007
SECTION 5: ENFORCEMENT AND VIOLATIONS
501 General
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of
Mebane. Whenever this section refers to the Stormwater Administrator,
it includes his or her designee as well as any authorized agent of City of
Mebane.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment
approval or authorization granted pursuant to this ordinance, is unlawful
and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and
distinct violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively
or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this
ordinance shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this section. Persons subject to
the remedies and penalties set forth herein may include any architect,
engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this ordinance, or
fails to take appropriate action, so that a violation of this ordinance
results or persists; or an owner, any tenant or occupant, or any other
person, who has control over, or responsibility for, the use or
development of the property on which the violation occurs.
For the purposes of this Ordinance, responsible person(s) shall include
but not be limited to:
Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or
any other person who participates in, assists, directs, creates,
causes, or maintains a condition that constitutes a violation of this
ordinance, or fails to take appropriate action, so that a violation of
this ordinance results or persists.
Mebane Stormwater Ordinance Page 29 2007
2. Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for
stormwater controls or practices pursuant to a private agreement or
public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the
property.
502 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance,
whether civil or criminal, shall be cumulative and in addition to any other
remedy provided by law, and may be exercised in any order.
(A) Remedies
Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse
to issue a certificate of occupancy for the building or other
improvements constructed or being constructed on the site and
served by the stormwater practices in question until the applicant or
other responsible person has taken the remedial measures set forth
in the notice of violation or has otherwise cured the violations
described therein.
2. Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized agent
may withhold, and the Planning Board of the City of Mebane may
disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the Planning Board of
the City of Mebane for the land on which the violation occurs.
3. Injunction, Abatements, etc.
The City Attorney, with the authorization of the City Council, may
institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to
correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies
provided in the General Statutes or at common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public
health or public safety and is within the geographic limits prescribed
by North Carolina G.S. § 160A-193, the Stormwater Administrator,
with the authorization of the City Council, may cause the violation to
Mebane Stormwater Ordinance Page 30 2007
be corrected and the costs to be assessed as a lien against the
property.
5. Stop Work Order
The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain
in effect until the person has taken the remedial measures set forth
in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn
or modified to enable the person to take the necessary remedial
measures to cure such violation or violations.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to
be recovered in a civil action in the nature of a debt if the violator does
not pay the penalty within 30 days after notice of the violation is issued
by the Stormwater Administrator. Civil penalties may be assessed up to
the full amount of penalty to which the City of Mebane is subject for
violations of its Phase II Stormwater permit.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject
to the maximum fine permissible under North Carolina law.
503 Procedures
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint shall
state fully the alleged violation and the basis thereof, and shall be filed
with the Stormwater Administrator, who shall record the complaint. The
complaint shall be investigated promptly by the Stormwater
Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon
presentation of proper credentials, to enter and inspect any land,
building, structure, or premises to ensure compliance with this
ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or
land is in violation of this ordinance, the Stormwater Administrator shall
notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the
Mebane Stormwater Ordinance Page 31 2007
violation is occurring, order the necessary action to abate the violation,
and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the
civil penalties to be assessed, the time of their accrual, and the time
within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the City Police Department, City Planning
Department, by certified or registered mail, return receipt requested, or
by any means authorized for the service of documents by Rule 4 of the
North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may take
appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the
Stormwater Administrator a written request for an extension of time for
correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the
violation, up to, but not exceeding 30 days. The Stormwater
Administrator may grant 15 -day extensions in addition to the
foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the person
violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension
shall state the date prior to which correction must be made, after which
the violator will be subject to the penalties described in the notice of
violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any
extension(s) if authorized by the Stormwater Administrator, the
Stormwater Administrator shall determine if the violation is corrected. If
the violation is not corrected, the Stormwater Administrator may act to
impose one or more of the remedies and penalties authorized by this
ordinance.
(F) Emergency Enforcement
Mebane Stormwater Ordinance Page 32 2007
If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the
public health, safety, or welfare, then the Stormwater Administrator may
order the immediate cessation of a violation. Any person so ordered
shall cease any violation immediately. The Stormwater Administrator
may seek immediate enforcement, without prior written notice, through
any remedy or penalty authorized by this Ordinance.
Mebane Stormwater Ordinance Page 33 2007
SECTION 6: DEFINITIONS
601 Terms Defined
When used in this Ordinance, the following words and terms shall have the
meaning set forth in this section, unless other provisions of this Ordinance
specifically indicate otherwise.
10-year, 24-hour Storm
A stormwater event which occurs on average once every 10 years or
statistically has a 10% chance on average of occurring in a given year. The
10-year, 24 hour storm produces 5.9 inches of rain in the Mebane area.
Applicator
Person who applies fertilizer to the land or the immediate supervisor of such
person.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement
and gravel areas such as roads, parking lots, and paths; and recreation
facilities such as tennis courts. "Built -upon area" does not include a wooden
slatted deck, the water area of a swimming pool, or pervious or partially
pervious paving material to the extent that the paving material absorbs
water or allows water to infiltrate through the paving material.
Commission
The North Carolina Environmental Management Commission
Consultant
Person who is hired to provide professional advice to another person.
Department
The North Carolina Department of Environment and Natural Resources.
Ditch or canal
A man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter -stream divide areas. A
ditch or canal may have flows that are perennial, intermittent, or ephemeral
and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
Development
Any land disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil, other than rebuilding
activity that does not qualify as redevelopment.
Mebane Stormwater Ordinance Page 34 2007
Director
The director of the Division of Water Quality or the North Carolina
Department of Environment and Natural Resources.
Division
The Division of Water Quality in the Department.
Ephemeral (stormwater) stream
A feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic
bed is always above the water table, and stormwater runoff is the primary
source of water. An ephemeral stream typically lacks the biological,
hydrological, and physical characteristics commonly associated with the
continuous or intermittent conveyance of water.
High -density project
Any project that exceeds the low density threshold for dwelling units per
acre or built -upon area.
Intermittent stream
A well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The
flow may be heavily supplemented by stormwater runoff. An intermittent
stream often lacks the biological and hydrological characteristics commonly
associated with the conveyance of water.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land
disturbing activities will occur under one plan. A plan is any announcement
or piece of documentation (including but not limited to a sign, public notice
or hearing, sales pitch, advertisement, loan application, drawing, permit
application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
Low -density project
A project that has no more than two dwelling units per acre or twenty-four
percent built -upon area (BUA) for all residential and non-residential
development. A project with an overall density at or below the relevant
low -density threshold, but containing areas with a density greater than the
overall project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
Mebane Stormwater Ordinance Page 35 2007
Owner
The legal or beneficial owner of land, including but not limited to a
mortgagee or vendee in possession, receiver, executor, trustee, or long-
term or commercial lessee, or any other person or entity holding proprietary
rights in the property or having legal power of management and control of
the property. "Owner" shall include long-term commercial tenants;
management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint
ownership of the property. A secured lender not in possession of the
property does not constitute an owner, unless the secured lender is included
within the meaning of "owner" under another description in this definition,
such as a management entity.
Perennial stream
A well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of
the year. Groundwater is the primary source of water for a perennial
stream, but it also carries stormwater runoff. A perennial stream exhibits
the typical biological, hydrological, and physical characteristics commonly
associated with the continuous conveyance of water.
Runoff
That portion of the precipitation resulting from the 1-year, 24-hour storm that
is discharged from the drainage area.
Redevelopment
Any development on previously -developed land other than a rebuilding
activity that results in no net increase in built -upon area and provides equal
or greater stormwater control than the previous development.
Stormwater BMP Design Manual
The Stormwater BMP Design Manual approved for use in Phase II
jurisdictions by the North Carolina Department of the Environment and
Natural Resources -Division of Water Quality for the proper implementation
of the requirements of the federal Phase II stormwater program. All
references herein to the Stormwater BMP Design Manual are to the latest
published edition or revision.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount,
timing, or other characteristics; to approximate the pre -development
hydrology on a developed site; or to achieve any combination of these
goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other
methods installed or created on real property. "Structural BMP" is
Mebane Stormwater Ordinance Page 36 2007
synonymous with "structural practice", "stormwater control facility,"
"stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Surface waters
All waters of the state as defined in G.S. 143-212 except underground
waters.
Substantial progress
For the purposes of determining whether sufficient progress has been made
on an approved plan, one or more of the following construction activities
toward the completion of a site or subdivision plan shall occur: obtaining a
grading permit and conducting grading activity on a continuous basis and
not discontinued for more than thirty (30) days; or installation and approval
of on -site infrastructure; or obtaining a building permit for the construction
and approval of a building foundation. "Substantial progress" for purposes of
determining whether an approved plan is null and void is not necessarily the
same as "substantial expenditures" used for determining vested rights
pursuant to applicable law.
Mebane Stormwater Ordinance Page 37 2007
CITY OF MEBANE
NORTH CAROLINA
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CITY OF MEBANE STORM SEWER DESIGN MANUAL
STORM SEWER DESIGN MANUAL
The purpose of this manual is to set forth a uniform procedure
for designing and checking the designs of proposed storm sewer systems for
the City of Mebane. Individuals are to use this manual in the preliminary
layout of storm sewer design to minimize revisions during the review
process. It is not the intent of this manual to provide an explanation for
every design problem encountered, nor is it a substitute for experience,
sound judgement, and engineering knowledge.
The City of Mebane will use these guidelines along with sound
engineering principles to review the detailed drawings submitted for review.
These standards shall apply to all storm sewer design installations within the
City of Mebane. Any deviation to these design standards must have written
approval by the City Engineer prior to construction.
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Table of Contents
PURPOSE
I
TABLE OF CONTENTS
2
INTRODUCTION
5
DESIGN PROCEDURES
6
DETERMINATION OF DISCHARGE
6
THE RATIONAL METHOD
6
COEFFICIENT OF RUNOFF
6
RAINFALL INTENSITY
7
DRAINAGE AREA
7
AVERAGE VALUES OF THE RUNOFF COEFFICENT
8
RAINFALL INTENSITY -DURATION -FREQUENCY CURVES
9
100 YEAR RETURN PERIOD
10
50 YEAR RETURN PERIOD
11
25 YEAR RETURN PERIOD
12
10 YEAR RETURN PERIOD
13
BASIN LAG -TIME METHOD
14
ESTIMATING BASIN LAG -TIME
15
ESTIMATING 10-YEAR FLOOD -PEAK DISCHARGE
16
ESTIMATING 25-YEAR FLOOD -PEAK DISCHARGE
17
ESTIMATING 50-YEAR FLOOD -PEAK DISCHARGE
18
ESTIMATING 100-YEAR FLOOD -PEAK DISCHARGE
19
2
DETERMINATION OF GUTTER CAPACITY
21
26' F - F STREET WIDTH
22
(WITH PLANNING BOARD APPROVAL ONLY FOR CUL-DE-SAC)
30' F - F OR STREET WIDTH
23
36' F - F OR LARGER STREET WIDTH
24
DETERMINATION OF INLET CAPACITY
25
GENERAL RULES FOR LOCATING CURB INLETS
26
CAPACITY OF CURB OPENING INLETS AT A SUMP
28
K VALUES FOR GRATE WITH HOOD
29
CAPACITY OF GRATE WITH HOOD
30
YARD INLETS
31
DETERMINATION OF PIPE SIZES
32
COEFFICIENT OF ENTRANCE -LOSS Ke
34
CIRCULAR CONCRETE PIPE, FLOWING FULL (n=0.012)
35
CIRCULAR CMP, FLOWING FULL (n=0.021)
36
CMP, FLOWING FULL (n=0.023)
37
SOLUTION OF MANNING FORMULA
38
CULVERT DESIGN -INLET CONTROL
BOX CULVERTS
39
CONCRETE PIPE CULVERTS
40
OVAL CONCRETE PIPE CULVERTS - LONG AXIS HORIZONTAL
41
OVAL CONCRETE PIPE CULVERTS - LONG AXIS VERTICAL
42
CORRUGATED METAL PIPE CULVERTS
43
3
CULVERT DESIGN -OUTLET CONTROL
CONCRETE BOX CULVERTS 44
CONCRETE PIPE CULVERTS 45
STORM DRAINAGE DESIGN REQUIREMENTS 46
ADDITIONAL REQUIREMENTS FOR DRAINAGE PLANS 50
FLOOD STUDY REQUIREMENTS
51
STORM DRAINAGE DESIGN DATA SHEET 52
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Introduction
In the field of storm drainage design, there are numerous methods and theories to
which engineers may refer. To simplify design and review processes, the procedures for
design and construction are presented in this manual. It is not required that engineers
designing storm drainage installation adhere entirely to these methods; however, the
methods presented in this manual will be considered minimum design standards and any
other methods must equal or surpass these design standards.
Presented in this manual are procedures, charts, and tables, which will be helpful
in7the design o-fcommerciarand residential-Tevelopments in Mebane. Also listed are
requirements concerning storm drainage design and construction, including requirements
for Flood Studies.
CITY OF MEBANE STORM SEWER DESIGN MANUAL
DESIGN PROCEDURES
The procedures presented in this manual will consist of five distinct and separate
steps to storm drainage design as it is applied to the storm sewer system for the City of
Mebane. In cases where roadway drainage is not a consideration, some of the steps will
not apply.
1) Determine the amount of water discharged at the point of design. This is basic to
the hydraulic design of any drainage structure whether it is a channel, culvert,
pipe system, or an inlet.
2) Determine the capacity of the gutter and allowable roadway area to transport the
quantity of runoff collected on the roadway.
3) Determine the intake capacity of the inlet structure receiving the runoff.
4) Determine the actual size for the discharge pipe based on the calculated discharge
and the most economical slope.
5) Determine the Q100 Water Surface Elevations and evaluate its impact on
structures (Flood Study).
DETERMINATION OF DISCHARGE
The City of Mebane uses two methods for determining storm drainage, discharge
design depending on whether the drainage basin is above or below 200 acres in area. Use
the Rational Method for areas under 200 acres and the Basin Lag -time Method for areas
over 200 acres.
The Rational Method
(Method for Estimating Rainfall Runoff in Drainage Areas Under 200 Acres)
The Rational Formula is:
Q=CIA
Where Q = peak discharge of drainage basin in cubic feet per second (cfs)
C = coefficient of runoff
I = intensity of rainfall in inches per hour for a storm of a given
frequency and duration equal to the time of concentration
A = area of drainage basin in acres
When selecting representative values used in the rational formula, consider the following:
6
CITY OF MEBANE STORM SEWER DESIGN MANUAL
1) Coefficient of Runoff = C
A list of runoff coefficients to be used in design computations is shown on page 8.
Select a C value coinciding with the characteristics of the drainage area after development.
When the drainage area involves a combination of coefficients a weighted average must
be computed. The type of land and development used in selecting a C value will be
compatible with the current zoning maps.
2) Rainfall Intensity = I
There is a direct relationship between rainfall intensity and the time of
concentration. The duration of the design storm is equal to the time of concentration of
the drainage basin in question. The time of concentration is the time required for a
particle of water to flow from the most remote point in any section of the drainage area to
the point of design.
A velocity of 8-feet per second would provide a reasonable design velocity for
determining the time of concentration throughout the watershed of the Mebane area.
Since 8-feet per second = 480 ft./min., a design figure of 500 ft./min. is actually used to
simplify computations.
A further assumption is made that in the uppermost reaches of the watershed
where the following applies. The sheet velocity of the runoff will be such that it will
travel 800-feet in 10 minutes in business areas and 500-feet in 10 minutes in residential
-arms;-before--beingzalle-c4ed in-we4l-defLned watercour-es where-its--elocity will -then -be
500 ft./min.
As an example of application, suppose that in a residential area it is found by
scaling from a 200-foot scale topographic map that the distance from the ridgeline to a
point on a watercourse is 3000-feet. The time of concentration will be found as follows:
3000 ft.
- 500 ft. = 10 min.
2500 ft. @ 500 ft./min = 5 min.
Time of concentration = 15 min.
Using the time of concentration determine the rainfall intensity (I) from the
appropriate rainfall and runoff chart found on pages 9 — 13. Storm sewer systems
carrying street or public runoff are to be designed to carry a 10-year return period storm.
This requirement will apply to all public and private developments.
1) Drainage Area = A
The acreage of the watershed in question can be computed from topographic maps
by marking the ridgelines and planimetering the designated areas. Provide copies of the
drainage area delineation mapping.
Once the values for C, I, and A are determined it is a simple procedure to
calculate the peak discharge rate for the site using the equation, Q = CIA.
CITY OF MEBANE STORM SEWER DESIGN MANUAL
AVERAGE VALUES OF THE RUNOFF COEFFICIENT
Below are the runoff coefficients to be used in calculating storm water runoff. All
drainage must be designed based on proposed land use for the entire drainage basin and
must be assumed to be developed.
Type of Development:
Residential, Single Family
Apartments, Condominiums, and Industrial Parks
Paved Areas (Downtown Areas, Shopping Centers, etc.)
Playgrounds, Parks, Cemeteries, etc.
Storm Drainage Design Return Period
Street Runoff Drainage Systems
Drainage-Structuresfor Mairr Drainage -Channels
Runoff Coefficient
0.65
0.80
0.95
0.40
10-years
1D0-years
The finished floor elevation of all permanent structures must be constructed a
minimum of two feet above the 100-year flood elevation as established by FEMA Maps
or as established by flood studies as required in this manual.
In those areas with no flood study, the finished floor elevation of all permanent
structures must be constructed at least 2 ft. above the elevation of the downstream
roadway or embankment and must be at least 2 ft. above the highest adjacent grade.
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CITY OF MEBANE STORM SEWER DESIGN MANUAL
Basin Lag -Time Method
(Method for Estimating Rainfall Runoff in Drainage Areas Over 200 Acres)
The Basin Lag -Time Method is a mathematical regression model developed for
the Piedmont Area of North Carolina by the United States Geological Survey. This
method is acceptable in calculating rainfall runoff rates for drainage areas greater in area
than 200 acres. Details of the Basin Lag -Time Method, prepared by the U.S. Geologic
Survey, can be found in the 1972 open file report, Effect of Urban Development on
Floods in the Piedmont Province of North Carolina, by Arthur L. Putnam.
The Basin Lag -Time Method is a combination of two steps leading to the
calculation of peak discharge rates for the two, five, ten, fifteen, twenty, twenty-five, fifty
and one -hundred year floods.
The two steps include:
1) The estimation of basin lag -time which is the average time interval in hours,
between the occurrence of peak rainfall and the resultant peak runoff.
The equation for estimating Basin Lag -Time is:
T = 0.49 (L1 ,[S_)-"1_ 0"'
T = Lag -Time in hours
L = Length of main water course in miles
S = Stream bed slope of the main water course in feet per mile
I = Ratio of the area of impervious cover to the total drainage area
2) Q2 =
221 A 0.87 x T —0.60
Q20 =
735 A 0.72 x T —0.43
Qs =
405 A 0"' x T —0.12
Q25 =
790 A 0.71 x T —0.42
Qio =
560 A 0.76 x T —0.41
Q50 =
990 A 0.67 x T —0.37
Qs
= 630 A 1.74 x T —0.41
Q100 =
1200 A 0.63 x T 4.33
QI = Peak discharge for the flood having the recurrence interval indicated
By the subscript in cfs.
A = Drainage Area in square miles
T = Lag -Time in hours
Pages 19 — 25 include a set of nomographs with an example, which can be used in
lieu of the above formulas.
14
CITY OF MEBANE
STORM SEWER DESIGN MANUAL
Nomograph
for Estimating
Basin Lag -Time
too
40,000
30,000
so
7=0.49
-so
i
tom
10
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s
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0
Z
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30
r .
log ~
4
l00
r
50 CA
Ecomplo giveiti:
0.42 .
to `
Solution:
T= 0.13.hour
6
o:a
aoi
15
CITY OF MEBANE
STORM SEWER DESIGN MANUAL
.. Nomomoh for kstimatin O-pear P1obd-Peak Discharge.
1000 600.000
500,000
T
'p s S60
A o.n T-o sa •
0.01
S00
Iio
300,000
0.05
100.000
100,000
100 . .
$0.000
0.1
50,000
x
so
a
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10.000 w
0.5
N• 10,000
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z
1.0
ff
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5000 W
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1000
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6
o
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09
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10
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100
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as
.
100
Example girls I
110
A : 1..0 wow lilies '
To L0 boar
100
• - .
Sol�tfos e �
'
CITY OFMEBANE
STORM SERER DESIGNMANUAL
Nomozra• mh for 'Estimating 25-year Flood -Peak Discharge
A
1000 600,000
�soo,aoa'
T
O.a
• �
Soo
Pry a 790
A6.71 T -0.42
pis
0.05
100+000
'
100,000
ioo
g000
50,000
so
a
W
v
y
++i
O:S
106000 0
ae
o
ff
1.0
c
10+coo H
W
5000 W:
. W
5000
s
S
at
";Goo
.
S00
1000 /
: .
iloo
1.0
SO
000
100
C.3
E:a+epfr �irrA
50
A r LO tgrdn laiky
T. s Lo k"r
.100
Pry = 790 eubie fill pK 54com
O.i 70
• 10
17
CITY OF MEBANE
STORM SEWER DESIGN MANUAL
.� NomoVaph for Estimating
50-pear Flood -Peak Discharge.
A
;.
1000
600,000
T
500,000
P;o s 990
Ao.0 T
O.al
S00
PSG
200,000
0.03
Ia0,Coo
100,000
50,000
too
50,000
a
SO
h
a
ni
0.3
' .
W .
10,000
C
g
v
Lt p
AO
• W
0
�
10,000 x
9000
W ..
3 10
W
�/
i
1000,
J
Oi101,
'
d
1000
Io '
o
/_
..
/ a
1.00
1000 loop
1-0
1.0
1100.
too- Etample given
A * 1.0. tgvate voiles
S0. T s 1.0 how
Solutions
100'
pis a 990 'eu0ie 'teit for
saond
STORM SEVER DESIGN MANUAL
CITY OF MEBANE
Nomograph for'Estimatink 100-year Flood -Peak Discharge
A P6
a 1200
Ao.a T -0.ss
1000
600,000
T
0.01
500,000
Roe
.
300,000
500
100.000
0.05.
1ooa0o
a 1
50,a00
100
-
50,000
. e
N
.
W
0.5
J
W
10,000
1.0
10.000
100,
--5000
-42 -
= 1
0
W
50d0
W.
10
1000
.400
l000 �i 00,
$
Soo.
1.0
/ '
1100
so
s00
c�
Example oiteas
1w A*. 1.0 aquae* miles
T ■ 1.0 hart
100 '
Pm s 1200 auelo. feel
per woad
0.1
19
CITY OF MEBANE STORM SEWER DESIGN MANUAL
The following example illustrates the use of the Basin Lag -Time Nomographs:
1) Find the 20-year flood -peak discharge given the following Drainage Basin
Information:
A=
I =
L =
Elevation =
2.72 square miles
40 (impervious area)
2.66 miles from the design site to the rim of the Drainage Basin.
0.27 miles from the design site to a point that is 10 percent of the distance
to the rim of the drainage basin.
2.26 miles from the design site to a point that is 85 percent of the
distance to the rim of the drainage basin.
605 feet at the point that is 10 percent of the distance to the rim of the
drainage basin.
686 feet at the point that is 85 percent of the distance to the rim of the
drainage basin.
2) Compute Slope:
S=
686 ft — 605 ft
2.26 mi — 0.27 mi
= 41.0 ft. per mile
1.9ft9mi
3) Compute Length -Slope factors:
Y.,[S--=2.66/41.0 =0.42
4) Determine lag -time from page 15, plot the value of impervious cover, I = 40, on the
scale at the right; then plot the value of the length -slope factor, US = 0.42, on the
scale at the left. Connect these two points with a straight line and read the lag -time
value, T-0.53 hours, on the center scale.
5) Determine the 25-year flood -peak discharge from page 17. Plot the value of lag -time,
T = 0.53 hours, on the scale at the right; then plot the value of drainage area, A — 2.72
square miles, on the scale at the left. Connect these two points with a straight edge
and read the 25-year flood -peak discharge value, Q25 = 1100 cubic feet per second, on
the center scale.
It would be advisable that the answer be verified with the appropriate equation, until
the use of the nomographs is understood.
F
CITY OF MEBANE STORM SEWER DESIGN MANUAL
DETERMINATION OF GUTTER CAPACITY
The capacity. of the gutter and roadway pavement is dependent upon the physical
characteristics of the facility in question. The cross slope of the pavement section, the
slope of the gutter, the longitudinal grade and the roughness interrelate to determine the
runoff carrying capacity of a street section. Equations and nomographs have been
derived based on these parameters, as well as the depth of flow at the curb and the spread
of water in the street.
Since the depth of flow and/or the spread into the street are normally the
controlling factors, the approach taken for this section was to set limits for speed and
develop tables showing the quantity of runoff allowable for the more commonly used
street sections. Two limits have been set for this purpose. The first is that the flow shall
not encroach within 8-feet of the street centerline. The second limit is that the width of
flow shall not exceed 10-feet from the face of curb.
Curb inlets will be spaced so that these two limits will not be exceeded during a
10-year design storm. In special cases where flow is allowed to bypass inlets on a
continuous slope, inlets located downhill in the sump will be designed to handle that
extra flow. Normally, multiple inlets are not allowed. If there is enough flow to require
multiple inlets, the gutter capacity requirements probably have been exceeded.
Using the maximum width of flow for a given street width, the maximum depth of
flow can be determined for various pavement cross slopes. Using the maximum depth
and spread to -find the area CAT and he Try-&aulic radius (R) in t ie equation for open
channel flow we have the maximum flow as a constant (for the given cross slope)
multiplied by the longitudinal slope taken to the %2 power.
Example:
Given: Street width 30' F-F
St (Transverse Slope) = 0.25 ft./ft.
SL (Longitudinal Slope) = 2% or .02 ft./ft.
Find: Qmax (Maximum allowable flow)
Q_A1.486R2nS1/2
n
Using 7 ft. for maximum spread and .208 for maximum depth.
A _ (.208 2.125) (2) +(• 125 )(5)=.646sf
P=7.208ft
R— 646=0.0896
7.208
Q=6.46x1.486x(0.0896) 2/3xS1/2
0.15
Q=12.80xS112
fors=.02 Q=12.80x(.02)112=1.8lcfs
21
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Using this method, tables have been developed showing maximum flow razes iuiL
different combinations of cross slope and longitudinal slope for three common street
widths. Using these -tables, the designer can quickly determine if the calculated flow,
is allowable at the designated location'.
Gutter Capacity for Streets with 2'-6" Standard Curb and Gutter
Street Width (Face to Face) 26 ft.
Centerline Encroachment Limit. 8 ft.
Maximum Spread 5 ft.
Maximum
Depth
ft.
Cross Slope (%)
1.5 2 2.5 3 3.5 4
0.128 0.143 0.158 0.173 0.188 0.203
Maximum Flow in Gutter at Maximum Spread (efal
Longitudinal
Slope
(%)
0.
1.5
2.
Cross Slope (%)
2.5 3
:3.5 .
- $22 0.3-0 0.40- -0.50---0.62
-0.
0.6
0.24
0.33
0.44
-0.55
0.68
0.81
0.8
0.28
0.38
0.51.
0.64
0.78-
0.94
1
0.31
0.43
0.57.
0.71
0.88
1.05
1.25
.0.35
0..48
0.63
0.80
0.98
1.17
1.5
038
0.53
0.69
0.87
1.67 '
1.29
1.75
0.41
0.57
0.75
0.94
1.16
1.39
2
0.44
0.61
0.86
1.01
1.24
1.49
2.5
OA9
0.68
0489
1.13
1.38.
1.66
3
0.54
035
0.98
1.24
1.52
1.82
3.5.
0.58
0.81
1.06.
1.34
1:64
1.96
.4
0.62
0:86 -
1:13
1.43
1.75
-2.10
4.5.
0.66
0.91
1.20
1.51
1.86
2.23
5
0.69
0.96
1.26-
1.60
1.96
2.35
5.5
0.73
1.01
1.33
1.67
2.05
2.46
6
0.76 .
1.05
1.38
1.75
2.15
2.57
22
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Gutter Capacity for Streets with 2'-6" Standard Curb and Gutter
Street Width (Face to Face) 30 ft.
Centerline Encroachment Limit ' 8 fL
Maximum Spread 7 ft
Maximum Cross Slope (%)
Depth 1.5 2 15 -3 3.5 4
(ft.) 0358 0.183 0.208 0.233 0.258 0.283
ivmmmum v iow in riutrer at maximum Spread (cfs)
Longitudinal
Slope
{"/o)
0.5
1.5
.2
Cross Slope (%)
2.5 3
3.5
4
0.45 0.66 0.91. ' 1.18 1.48
1.81
0.6
0.49
0.72
0.99
1.29
1.62
1.98
0.8
0.56
0.83
1.15
1.49
1.88
.2.29
1
11.63
0;93
1-.28
�.�i7
2:1a :
�5
1.25
0.70
1.04
1.43.
1.87
2.35
2.86
1.5
0.77
1.14.
1.57
2.04
2.57
3.14
1.75
0.93
1.23
..1.69
2.21
2.77
3.39
2
0.89
1.32
1.81.
2.36
2.97
3.62
2.5
.1.00
1.48
2.02
2.64
3.32
4.05
3
1.09
1.62
2.22
2.89 '
3.63
.4.44
3.5
1.18
1.75
2.40 -
3.12
3.92
4.79
4
1.26
1.87
2.56.
3.34
4.20.
5.12
4.5
1.34..
- 1.98
2.72 :
3.54 .
4.45
5.44
5
1.41
2.09
2.86
3.73
4:69
5.73
5.5
1.48
2.19
3.00.
3.92
4.92
6.01
6
1.54
2.29
3.14
4.09
5.14
0.28
B
23
I CITY OF MEBANE STORMSE"R DEsiGNm,4NuAL I
Gutter Capacity for Streets with 21-6" Standard Curb and Gutter
Street Width (Face to Face) .40 ft.
'Centerline Encroachment Limit a ft
Maximum Spread10 ft.
Maximum
Depth
Cross Slope
1.5 2 2.5 3 3.5..
.6.203 0.243 0.283 0.323 0.363 0.40
A"XIIIIIIIII Mw In cutter at Maximum Spread (ch)
Longitudinal
Slope
Cross Slope (0/9)
2
2.5
.3,
3.5
- 4
0.5
1.03
1.59
2.24
2.98
3.79
4 6 8
4.68
0.6
1.13
1.75
2.46
3 . .26
4.15.-
5
-5.12
0.8
1.31
2.02
.2.84
31.77
4.80
2
�5.9,2
1
146
2.25
-317-
-4.21-
536
1
1.25
-1.63
2.52
3.55
4.71
5.99
7.40
1.5
1."
2.76
3.89
5.16
6.57
8.10
1.75
1.93
.2.98
4.10
5.57
7.09
-8.75
2
2.07
319
.4.49
5.96
7.58
9.35
2.5
2.31
IM
5.02
6.66
8.48
10.46
.3
2.53
3.90
5.50
7.30
9.29
11.46
3.5
2.73
412
5.94
7.88
10.03
12.37
4
2.92
4.51
6.35
-8.43
.10.72
13.25
4.5
3.10.
4.78
6.73
&94
11.37
14.03
5
3.27
5.04
7.10
9.42'
.11,99
14.7.9
5.5
3.43
5.20
7.44'
9.88
12.57
.15.51
3.58
5.52
7.77
10.32
13.13
16.20.
24
CITY OF MEBANE STORM SEWER DESIGN MANUAL
DETERMINATION OF INLET CAPACITY
All curb inlets on public or private streets will be spaced so that they can pick up
the gutter flow for a 10-year storm event. They must be spaced using the
capacities below so that the maximum gutter flows are not exceeded.
The maximum allowable volume of flow to curb inlets on continuous slopes or in
a sump situation will be as follows:
1.) Continuous Slope:
• 4' - 0" wide curb inlet: 4.0 cfs
• 6' - 0" wide curb inlet: 6.0 cfs
2.) Sump Condition
• 4' - 0" wide curb inlet: 6.0 cfs
• 6' - 0" wide curb inlet: 9.0 cfs
These are absolute maximum capacities. A flow greater than these values will
require the inlet --spacing to be adjusted.
25
CITY OF MEBANE STORM SEWER DESIGN MANUAL
GENERAL RULES FOR LOCATING CURB INLETS
1) All curb inlets on City of Mebane maintained storm sewer lines must be City of
Mebane standard structures as shown in the Roadway and Utility Standard
Drawings Manual and so designated on the plans. Non-standard inlets or other
structures for special situations require prior approval from the City of Mebane.
2) Curb inlets must be installed at any point along a continuous slope so that the
gutter flow shall not exceed the maximum allowable gutter flow as established in
the section of "Determination of Gutter Capacity" starting on page 21 and shown
in tables on pages 22, 23, and 24.
3) Curb inlets must be installed at the PC or PT of radius so that no gutter flow will
be allowed to sheet flow across an intersection.
4) Curb inlets must be located at any point of radius where the intersecting street
falls away so steeply that the gutter flow will have a tendency to jump out of the
gutter -and sheet -flow across -the vmtersection.--- - - - - - - --- - -
5) Curb inlets must be installed above any driveway turnout so that no gutter flow
will enter private properly.
6) In certain cases, the NCDOT Standard Inlet No. 840.03 "Grate, Frame and Hood"
will be allowed where conditions prohibit the use of City standard inlets. This
will only be allowed with approval of the City.
7) Double inlets are not allowed. Usually, if there is enough runoff to require a
double inlet, the gutter capacity has been exceeded and additional inlets are
required uphill.
8) Existing curb inlets in a sump cannot be converted to grate inlets to make room
for a private drive entrance unless new curb inlets are installed at points of radius
on both sides of the drive entrance. The grates have a tendency to get clogged up
and create traffic hazards during heavy storm events.
26
CITY OF MEBANE STORM SEWER DESIGN MANUAL
9) Curb inlets in locations other than sumps may be converted to grate inlets by
permission as long as the grate inlet is installed in the gutter flow line and not
over the existing curb inlet box. The existing box is not located in the flow line.
In most cases the existing box will be removed and the new grate box will be built
over the existing pipe and in the gutter line.
10) Spill gutter is not allowed because of the sheeting and freezing problems that can
occur.
27
CITY OFMEBANE
STORM
SE Ev DESIGNMANUAL
CAPACITY OF CURB 'OPENING INLETS
AT A SUMP
L. O .
12
10
.9
i!•
8
5
t0
6
4
8
9
4
.7
a
2
8
3
2coo
1.5
w
.5 7
6 ' _
z
/
1:0
...
zca
o
.8
1.O
a
/
C9
z
v
Z
5 W
O
�6
W
.9
.4
a
.5
.o
.6
Z
z
.4
ts.
C9
17IL
C
/3
Q:
a
N
2
.5
_.
,
r
. 1
w
3
F.
...013
z
.4
a
u
. 06
s .
a
05
.2
.04
03
Z'
Height
2 •
of
SLC_ TICN
ELEVATION
'Curb
L
Surface* of.
Qonded Water •
.2
■■
■..sNIee..
C■M.Ceee■
■.■ e.e■
■■
CITY OF MEBANE STORM SEWER DESIGN MANUAL
YARD INLETS
The capacity of the masonry yard inlet can be determined by using the nomograph
for "Capacity of an Inlet at the Low Point in Grade", found on page 28. This nomograph
is based on experimental determinations of the relation of head to discharge through a
rectangular opening, operating submerged and unsubmerged.
This nomograph solves inlet capacity problems under the following conditions:
1) The inlet is located at a low point in the grade.
2) All flow coming to the inlet must eventually enter the inlet and will pond
until sufficient head is built up so the outflow through the inlet will equal
the peak inflow from the drainage area.
Procedure:
Enter the nomograph with any two of the three values h, Q/L, H/h and read the
third.
Where h = Total height of opening in feet.
L = Total length of opening in feet.
H = Depth of Water, at the -entrance in feet.
Q = Total peak rate of flow to the inlet in cfs.
Normally Q, L, and h will be known and the nomograph can be used to
determine the depth of water H at the inlet. Where more than one side of the inlet
will be open to receive water the nomograph can still be used by dividing the flow
(Q) by the number of openings or by multiplying the length (L) by the number of
openings.
The height of opening on yard inlets is normally set at two courses of
brick or 5-inches. For unusual conditions the height can be set by the designer to
fit the situation. However, safety is a major concern, especially, in residential
areas. Large openings can become a hazard to children and pets. In those cases
more than one inlet is advised.
31
CITY OF MEBANE STORM SEWER DESIGN MANUAL
DETERMINATION OF PIPE SIZES
The following are two methods to be used for determining the required pipe size:
1) The Manning Formula is used to determine a pipe size within a system.
2) This method is for pipes in a culvert situation. Whenever there is a possibility of
water pounding at the mouth of a pipe or if it might have a submerged outlet, the
pipe should be checked for inlet or outlet control. See the section on Culvert
Design on page 33.
Sizing pipes within a system
The capacity of a pipe, which is a link in a drainage system, can be calculated
using the Manning Formula. Nomographs or hydraulic calculators may be used to
determine the required pipe size by using the calculated discharge, a roughness
coefficient of 0.013 (Manning's roughness coefficient for concrete pipe) and the design
slope.
The pipe system should be sized starting at the uppermost collection point and
proceeding down stream. Each run of pipe shall be sized to transport the runoff already
in the system plus the discharge intercepted at the inlet pipe or structure at the upstream
end of the run of pipe under consideration.
Where corrugated metal pipe is used, the method of sizing is basically the same as
for sizing concrete pipe. The only difference is in the roughness coefficient. The value
of the coefficient n is obtained as a weighted value from the values of 0.024 for uncoated
galvanized steel pipe in a 1/2-inch deep corrugation and 0.012 for a completely and
smoothly asphalt lined pipe. For example, if 25 percent of the pipe's periphery is
smoothly lines (paved) with asphalt and the remainder is galvanized of %-inch depth
corrugation the n is computed thus:
(.25x.012) + (.75x.024)
1.00
= .021
In a similar manner the value for n for a 1-inch deep corrugation may be computed using
0.027 for unpaved pipe and 0.012 for fully paved pipe.
The following table gives values for n obtained by such computations:
Composite Values of (n)
Type of pipe
'/a inch deep corrugations
1-inch-deep corrugations
Un aved
0.024
0.027
25% paved
0.021
0.023
Fully Paved
0.012
0.012
32
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Nomographs in which the variables of slope, discharge, pipe diameter and velocity are
plotted with each nomograph having the value of pipe roughness as a constant are
included in this section, pages 35 — 38.
The following formula derived from the Manning Formula may be used to determine
round pipe size:
Qn
D=16 38
D = Diameter in inches n = roughness coefficient
Q = Flow in cfs S = Slope in ft. per ft.
Culvert Design
Anytime there is the possibility of water ponding at the entrance of a pipe or if the outlet
is submerged, that pipe is in a culvert situation. There are two types of control that can
have an effect on the capacity of a culvert: inlet and outlet control. Both of these types of
control must be considered in the design of culverts.
Nomographs are included on -pages 39 —_45 which can be used -to determine-c-ulvert
capacity. Select the appropriate chart according to type of structure for each condition of
inlet control or outlet control.
Inlet Control
Inlet control exists when the culvert is not flowing full and the entrance conditions of the
culvert control the amount of flow through the culvert. Headwater depth is the depth of
water on the upstream end of the culvert and is used on the nomograph to determine the
capacity of the culvert. The designer must limit the allowable headwater depth to
minimize the affect of backwater on the property upstream from the culvert. In any case
the maximum headwater ratio of 1.2 should not be exceeded.
Outlet Control
For outlet control to exist the culvert must be flowing full and the outlet must be
submerged. Nomographs on pages 35 — 45 may be used to determine headwater depths
for culverts under outlet control.
33
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Three pieces of information about the culvert are required in order to use the nomographs:
1) The entrance loss coefficient Ke values may be found on the chart below.
2) The tailwater conditions or the tailwater depth may be determined by downstream
conditions or from known flood information. If the tailwater depth cannot be determined
it may be assumed that the tailwater elevation is the crown of the pipe. The designer is
warned that this may be an oversimplification and extra effort should be taken to
determine the tailwater elevation.
3) The length of the culvert is required.
By following the examples on the nomographs the designer can determine the head (H)
created by the culvert. Once that is known, headwater can be determined as shown on the
nomographs.
COEFFICENT OF ENTRANCE LOSS Ke
Type of Structure and Design of
Pipe, Concrete
Projecting from fill
Headwall or headwall and wingwalls
Mitered to conform to fillslopes
Pipe or pipearch, corrugated metal
Projecting (no headwall)
Headwall or headwall and wingwalls
Mitered to conform to fillslopes
Reinforced concrete box culvert
Headwall
Wingwall at 30 degrees to 75 degrees to barrel
Wingwalls at 10 degrees to 25 degrees to barrel
Entrance Coefficient Ke
0.5
0.5
0.7
0.9
0.5
0.7
0.5
0.4
0.5
34
CITY OF MEBANE _
STORM SEWER DESIGN MANUAL
too
NOMOG H FOR
0
COMPUTING
REOUIRED•;SIZE OF
coo
CIRCULAR..CONCRETE
PIPE. FLOWING FULL
(n- 0.G12)
400
300
200
2
120
106
Z
96
so.0002
.
'U
100
Ta
90
.0003
(A
.
00
T2,
i6
3
y
60
�60
.0006.N
W
54
.00685.o-
Vso
•
Z�
.0010 ' 0
',42
C
4
.40
Z K
.0020
'W
LL
W
30
— 33
Z 30
c
�4Q .027
Z '
Q
20
Q 24
21
`
.0080 O
6
?-
�
40
tL
�10
/
/
a00- , j
T :JO
U
Q
10
:W 1
.0no
e.
>
9
°
i1 J
6dooa
p 10
•0400
to
.
.
4
Moo-
`'
14
FLOW WI A SYSTEM
'
2THIN
Facample:
Given -discharge Q • 4.4 cfs friction
factor n '= 0.012 slope of 0.0039 per ft.
find
Diameter 15 inches and velocity of 3.5 ft
per second, by following dashed line..
1
0.!
Nomograph -adopted from Engineering Manual, War Department, Corps of
'
engineers,. Part
xm, Chapter-1. Jude 1955:
35
CITY OF MEBANE STORM SEWER DESIGN AMNUAL
.1000
-
Soo
N'OMOGRAPH FOR
ttoo COMPUTING REQUIRED SIZE OF CIRCULAR:
Wo WO CORRTMATED METAL PIPE.,FLOWING- FULL
soo n 0.021)
400
Zoo .00a�2
90 ' .0006 V
too Tg coos Cell!0 n 0010 3
•0 66 �
70 (AGO W
6A so. W ,0020. a.
so s o
Ci,B 30 n/. 4 1—
C) 40 ?a 40 It . y,l
c
Z Z 366 .0060'
f LL
zo 24 / W ?' .
.0200
Co
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W
t0 W. is .oeoo s
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12 .1000 9
s
G t0 p
3
i 14
FLOW WITHIN A SYSTEM ls
2
Facarnple: Given discharge . Q - 10.0 cis friction
factor n 0.021 'slope of 0.0049 per ft. •
. Diameter 24 inches and velocity of 3.2 ft
per second; by following .Mashed line.
I Nomograph adopted from•En&eering Manual, War Department, Corps of
0.9 Engineers, Part MR, Chapter 1, Jupe 1'9ss.
`.` ' 36
CITY OF MEBANE STORM SEWER DESIGN J"NUAL
low . _ • ' • . _
•900• )`•'y
•o0 11fONrOGRAPH FOR ...
E-?+00 COMPUTING REOUiRED SIZE OF CIRC�
wo CORRUCrATEU METAL PIPE FLOWING FULL .
soo . (n 0.0231
-000
L
300
so
Cd
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CS
z
1 W
G
1ao
1os
r
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n.
y6
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ss
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Z30
9, 244 _
FLOW WITHIN A SYSTEM.
Example: Given discharge Q a 10.0. cfe friction
factor. n - 0.023 slope of 0.0125 per ft.
Diameter 21 in
ches and velocity of 4.1 ft
Per second, by -following dashed line.
Nomograph adopted from Engineedag Manual, War Department, corps of
m& C.M. Pert xM. chapter 1. June 1955.
37
_
I TY UP-MEBANE
STORM SERER DES
IGNMANUAL
_
V.
Q D R .n Y
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S
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.•38
Y
CITY OF MEBANE STORM SEWER DESIGN MANUAL
CULVERT. DESIGN -INLET CONTROL
HEADWATER DEPTH FOR BOX CULVERTS.
WITH INLET CONTROL
12
Goo. (I) (2) (3)
i SOO 8 9 10
10 400 H10 WINGWALL 6 T 8
sc FLARE.:. 7
9 300 (1) 309 to .I1: 5 6
• � (2) al0°end q• 3
8 200 (3) 0•(a:tana6ae 4 5
• � of sWas) E4
4
• � 100 � 3
6 3
to
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60� 2
5 v 50 L5
? 40 �/ X I.5
4 -3O N
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EXAMPLE-
et:i • SIX 21 an ,g LO - LO
a s TS Ctj3
3Lu
a /s • les/Fr. '
10 INLET H' /0 HW (Foot) .8
8 (a) 1.73 3.3'
N (2) 1.00. 3.a Q .T
G 6 (3) 2AS 4.1 3
. 5
Q ?. T
F 4
3 ..
2
wail Flom M� A
.8 .4 .4
.6
30 33 35
lb use teat 12) or (3) draw a sirdght in through . known
i Ystws of alrs and AladmMe to hdarsaet mali (1). From
Fefnf ae wale (1) pro)aat hwisonlal ly to 4Wuflon on dttwr
sear (2)•.sa (3).
BUREAU OF PUBLIC ROADS JAN,1963
39. -
CITY OF MEBANE STORM SEWER DESIGN MANUAL
CULVERT DBSiC_N-. LET CONTROL
:?
HEADWATER DEPTH. FOR CONCRETE PIPE CULVERTS
WITH INLET -CONTROL
t68
SP06
(2) (3)
V4000
144
5�000 SCwi4LE EMANCE
4,000 -- TYPE
13�
(t)� with
3'0�
S'
120
(1) ahawe and with.
ll
4,
2,000 t3) scams±d pqu *4
108
3,
�
96
1,000,
800
84
600 /
'_
2
2:
500
T2
:
.400
/
`
2
E
300 t►M�'
_ '
L6
1.5
. Z
Z
60
to
200 /
L5
. EXAMPLE
De 42tnehes (3.5fest)
Q
F
�a
(00 0. 120 CFS
p
._77�'-
80 HWtO� Ftw(Fist)
Z
It) 2.5 LO
60
42
a
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50 (3) 2.2 ' 7.7
LO
LO
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LO
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20
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.
10.
24
. 21
5
4
:
3
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L0
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1
To use, Boole (2) or (3)gruvi is stretaM line through Imoam
HEADwATtat SCALES 2 AND 3 Rt:VISEO .MAY,1964
vatwe of site and dkdw go to interaset eeole (1). From
t2
point on ads (I•) project. harttontatty to solution on edthw .
aeok (2).or (3).
BUREAU OF PUSUC ROADS
JAN.,.1963
CITY OF MEBANE STORM SEWER DESIGN MANUAL
1511r97 3,000 ' HW/ D ENTRPNCE
SCALE • (1). (2) (3)
136 x 87 2100040
i 1 boa •il
(2) 9�4ove end 4
wtlh heodwdl.
121 x 77 (3) Prorop ctimll ! . 4`0 &0
113 x72 11000 3A
106 x 68 800 3.0
6G0 i 2D
98 x 63 500 2.0
91 x 58 0. / 2A1
300 EXAMPLE 1'5 LS.
8U53 � �
V
• � Size � Tti': fie" ZOO Go 300 Cft _
76 x 48 ttw/ 0• Im at) w .
? (1) U IL2
a 68 x 43 U.
100 tsi t3 4.2 �-
Lo
Z 80 410 to t..t .O
1.0 I
C 60 x 38 a 60ILI
50
S
O
W . 53 x 34 a 40. .8
rn30
¢ 49 x 32 .0
x G p 7 .7
FE
,T
a 45x29 20
N42 x 27 ; 10 3 6 .6 fi
to 38 x 2.4
5 •5 3 'S
30x19 3 B 0
2 .4 4 A
To oy Boole (2) W (3) draw a straight line through known
vahns of size and. discharge to intersect seal* (1). From
paint on goals (1) project horizontally to solution an either
scale (2) or (3).
23 x 14 LO
BUREAU OF. PUBLIC •ROADS JAN.,1963
41
CITY OE MEBANE STORM SEWER DESIGN MANUAL
_ r .
OtMVERT'DESIGN-INLET CONTROL
HEADWATER DEPTH VOR OVAL CONCRETE PIKE CULVERTS
LONG AXIS VERTICAL WITH INLET CONTROL .
e51000
4,000 Hyy/D ENTRANCE (I�
87 x 136 3,OOG 5CALE • YP
77x 121 2,000 (2) :1`ih e�iod.dl 5
(3) alraOr. end 5
72 x 1)3 �0je "p 3 4 4
68 x 106 4 3
1.4000 3-
63 x98 800 3 .
58 x 91 00 2
ti/
W 53 x 83 400 ON : _ 2 l.g
200
r3OO, �•
Z 4806 76 EXAMPLE y L5
Size • O C EO"W 43 x 68v• moo cRsIL N1) Le lso LO I.0
-�c�so IOAC36x603) LI. 10.3
- (L
C 34 x 53 ti 1 $0
�
32 x 49 Q . 30 G : .7 . .
a 29 x45 G20a
a
27242
ILI
N 10
24x38
6
s
4
19x30 A .4 A
3 lb usr male (2)or(3).drar a straipht Um through known
Volume of sdes Ord disohargo to Intersect scab (1). From
ON an angle (1) project horizontally to solution on sither
2 soak (2) or (3).
dr
CITY OF MEBANE
STORMSEWER DESIGN 1L4NUAL
CULVERT DESIGN -INLET CONTROL
HEADWATER DEPTH FOP. CORRUGATED METAL PIPE CULVERTS
WITH INLET CONTROL
16'-T°x l0'-11•
4000
..
4
3tOW
HWI/ D
'
.ENTRANCE
SCALE TYPE
4
x B-4
21000
I11 Headwall . '.
(21
.3
4 .
o12'-10
m1�� pSO aonkns
3
(3) fiiojwft
3
1/ x 7-3"
$
1,000
-i
800
2
e-e x 6'-'S"
2
i
600
2
1
500
eXx 5'.V
400
LS
300
G
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8 1
72, x441
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LL
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t
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EXAM PLE
•8
50" x 31" N
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s<
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11 11
27
43 xuo
Hw/Dx aw(reto
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2ex Is 3
25" xis" 2
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18 x 1111 .5 . .35. �
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lb m seek+ W or (3) draw a ofrayhf Ilea fhreuph known
WHO of site and dlaeharga 'ta Inlaraaet sects (] 1, Fran
POW an teals :(11 project 'herltoMallr to .aoluflon on. akhmr• BUREAU OF PUBLIC ROADS JAN.,1963
scab (2) at (3).
*ADDITIONAL:=IZES Wr DIMENSIONED AM-.4ATED IN FAMRIOATDAe9 CATAL.as
CITY OF MEBANE STORM SEP R DESIGN MANUAL
CULVERT DESIGN -OUTLET CONTROL
HEAD'FOR •CONCRETE •BOX CULVERTS
FLOATING FULL
(ri 0.012)*-
4000
N
4,000 BW
Nw
&JBMWOEO Ovnm cuwvtr f+14wum 'ftUl.f;
2�00 'Far rAwt Wawa mt su6msrpsd. $a " HW fOr a�sthods dssalbsd
N ffis "Olga val"ein.
12x12 .4
11000
600 CIO .6
100
• 600. � � w
Bx8 .8
400 Z ME , ,! 1.0
a
; $ ' 6x6 X a0
1 z s� --
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US .2
N 20 m Al
tip 4x4 Z _ 3
o a cP
V0 3�5x3S 4
N N �.
o 60 W 3x3 10 tL `Act *s'so
a o� 5
EXAMPLE
50 6 1. os� a .3F
10
30 4
20. 20
10 =1 i
8 z
8 i
a 6 BUREAU OF PUBLIC ROADS JAN.;1963
44
CITY OF MEBANE STORM SEN ER DESIGNMANUAL
CULVERT .DESIGN -OUTLET CONTROL
HEAD FOR CONCRBTE PIPE CULVERTS
FLOWING FULL
(n = U 12)..
21000 Nw
HMI • H 1� - L� '
z for. outlet Worm iwt su&wpd,o mpuh Hw by motha& daaG
1000 F$ id tha dasl0a praoadw. .�
8Q0 120
600 108 ,8
... io
400. - 84
300
7
66
200
60
W
54
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a
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W
36
60
33.
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30
24
20
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�20,
BUREAU. OF -PUBLIC ROADS JAR,1963
CITY OF MEBANE STORM SEWER DESIGN MANUAL
Storm Drainage Design Requirements
The following is a list of requirements for storm drainage plans and for storm drainage
lines that will eventually be maintained by the City of Mebane. The requirements also
apply to private storm sewers and private drainage easements.
General Requirements
1) Storm sewers will have capacity to convey a 10-year storm within the pipe. The
Q 100 flows will be evaluated as required in the Flood Study section of this
manual.
2) Culverts on major streams (Over 200 acres) will have capacity to convey a 100-
year storm. Q will be determined using methods in this manual.
3) Storm sewer systems on culverts under inlet or outlet control will be designed
accordingly to accommodate the maximum allowable headwater depth to fit
surrounding terrain. The headwater to depth ratio should be held as close as
possible to 1.2.
4) Storm sewer lines with size 15-inches through 66-inches will be reinforced
concrete Class III or Class IV, or HDPE pipe (outside of road right-of-way) as
approved by the NCDOT, unless otherwise approved -by the City.
5) Corrugated metal pipe, either aluminized steel or aluminum, above 66-inches
diameter may be used under the following conditions:
a) Materials, gauge, corrugation, fabrication, etc. must meet NCDOT design
criteria, specifications, and the City of Mebane policy on acceptable
corrugated metal pipe products.
b) Full bituminous coating to be used where ph dictates.
c) Aluminum arch pipe with concrete headwalls are also allowed when
addressing stream impacts.
6) Minimum size for storm sewer pipe in streets is 15-inches in diameter.
7) Minimum storm sewer pipe grade is 0.5 percent.
8) Maximum storm sewer pipe grade is 10.0 percent.
9) Minimum grade for tailditching is 1.0 percent.
46
CITY OF MEBANE STORM SEWER DESIGN MANUAL
10) Manholes are required at changes in grade, changes in alignment, and at
intersection of sewers.
11) Recommended manhole drops:
a) Change in alignment 0° to 45°, 0.10 ft.
b) Change in alignment greater than 45°, 0.20 ft.
c) Change in pipe size, match top insides of pipes.
d) Reverse flow conditions in a storm sewer system created by a tie in at a
structure will not be allowed unless a manhole drop equal to the diameter
of the outgoing pipe is provided.
12) MINIMUM DESIRABLE CURB INLET DEPTH
15" -Front 3.4' 36" -Front 5.3'
15" -Back or Side 1.9' 36" -Back or Side 3.8'
18"
-Front
3.7'
42"
-Front
5.8'
18"
-Back or Side
2.l'
42"
-Back or Side
4.4'
24"
-Front
4.2'
48"
-Front
6.4'
24"
-Back or Side
2.7'
48"
-Back or Side
5.0'
30"
-Front
4.8'
54
-Front
6.9'
30"
-Back or Side
3.2'
54"
-Back or Side
5.5'
13) MINIMUM MANHOLE DEPTHS:
15"
- 3.6'
18"
- 3.8'
24"
- 4.0'
30"
- 4.3'
14) Headwalls or flared end sections plus an appropriate energy dissipater will be
required at the release point of all pipe systems. Velocities existing energy
dissipaters to be less than 5 ft./sec.
15) Pipe in culvert situations or storm sewer lines that will probably not be extended
in the near future (see*) will have a headwall or flared end section on the
upstream end.
* A headwall or flared end section will not be required if the property upstream
from the pipe is:
47
CITY OF MEBANE STORM SEWER DESIGN MANUAL
a) Owned by the same property owner and the pipe will be extended
in the near future (within one year).
b) A different section of the same subdivision and the pipe will be
extended in the near fixture (within one year) with development of
that section.
16) On all multi -family and commercial projects, approval is required prior to
building permit approval.
17) The lower end of a storm sewer line will end far enough from the property
line to allow the installation of an energy dissipater; except that it must be
tied into existing storm sewer piping if available within 500 feet of the
property.
18) Tail ditches from pipe ends to existing creeks will be armored beyond
outlet erosion control device to prevent channel scour.
19) The upper end of a storm sewer line will be stubbed to the property line.
However, if the upper property has a storm sewer line stubbed short of the
property line for erosion control purposes, the new line must be extended
across the property line to -tie the system& together: No gaps will ire Ieft in
the system.
20) All pipe culverts and upper end of pipe systems will be sized to satisfy
inlet or outlet control constraints. See the section on Culvert Design.
21) Precast structures may be allowed subject to City approval.
22) Precast boxes for curb inlets will be ordered with the height 24-inches
lower than the finished grade. Once installed, a brick mason will be
required to raise the top of the box to the proper height using brick and
mortar to fit the curb grade. This is to keep from having to break out the
front of the box to accommodate the curb and gutter.
23) Site drainage will not be allowed to flow out driveway entrance into
streets.
24) Outlets of City maintained storm sewer systems must be above the normal
pool elevation of detention ponds. Invert of drainage structures must be
above the standpipe elevation of the detention pond. This is to assure that
the pipe systems do not stand full of water for long periods of time and do
not back up into the roadway during heavy rainstorms.
48
CITY OF MEBANE STORM SEWER DESIGN MANUAL
25) Private drain lines larger than 4-inches in diameter cannot tie directly into
the curb and gutter. The pipe must tie into a junction box behind the curb.
26) Site drainage must be tied into any existing storm drain system.
27) There must be an 18-inch clearance between proposed utility lines and
existing storm sewer lines.
28) Permits from the City are required before tying into any City storm sewer
structure. The inspection is to insure a proper tie-in to reduce future
maintenance problems.
29) Reinforced concrete pipe is the only material allowed for driveway
culverts.
30) Extensive energy dissipaters must be used where new commercial site will
be draining onto existing residential property. The City reserves the right
to require on -site stormwater detention for release at pre -development
flows on a case by case basis. The impact on downstream development
and the impact on downstream piping systems will be taken into
consideration-fo—r stormwater defen�ri to�re�c in a di it on, State
Storm Water Rules may require additional items not covered by this
manual.
49
CITY OF MEBANE STORM SEWER DESIGN MANUAL
ADDITIONAL REQUIREMENTS FOR DRAINAGE PLANS
(Subdivisions and Other Developments)
1) All water courses which carry a flow of 5 cubic feet per second (5 CFS) or more
during a 10-year storm, as calculated in accordance with this manual, and which
are not situated within a street right-of-way shall either be piped or have a
drainage easement dedicated.
2) Drainaged easements for piped drainageway:
a) 12" - 30" pipe - 15'
b) 36" 60" pipe - 20'
c) 66" - 96" pipe - 30'
3) Drainage Easements for Unpiped Drainageways:
a) 5 cfs to 16 cfs - 30' centered on channel
b) 17 cfs to 70 cfs - 60' centered on channel
d) 70 cfs and up - 100' + the width of the channel
Note: The drainageway easement width may be reduced from the above values to the
width of the 100-year flood fringe as documented by flood studies
4) Drainage and utility easements with storm and sanitary sewer lines.
Storm Sewer Sizes
12" - 30" 10' , � 10' �4 7.5'
36" - 60" 10 '� 10' 12.5'
66" - 96" T10' hie12S' lie
12" i
Storm
San. Sew. (D Sewer
5) Any proposed storm sewer lines, which will be carrying street water, must be
submitted to the City for construction approval. The installation of the storm
sewer line must be inspected prior to acceptance of the line.
50
CITY OF MEBANE STORM SEWER DESIGN MANUAL
6) The following must be included on Site Drainage Plans.
a) Location of inlets, manholes, pipelines, proposed pipe sizes.
b) Clearly defined lines delineating areas drained to each inlet.
c) Existing and proposed contour lines must be shown to 200-feet beyond the
property line.
d) Ditches swales, pipes, and drainage easements, which are adjacent to the
proposed project.
e) Drainage calculations on form similar to that shown on page 52, but
including Hydraulic Grade Line Elevations for the Q 10 and Q 100 flows
and schematic profiles of pipe with hydraulic grade lines.
7) Flood Study
All new development that is 5 acres or more in size or that is adjacent to any
drainageway or storm drainage system or is traversed by a drainageway or storm
drainage system having 5 acres or more of contributing drainage area to the site
shall be required to provide a detailed flood study as a part of the construction
plans. The flood study shall be done using HEC-RAZ, Hydrostorm, or other
modeling program approved in advance. All estimates of flow for the Q100 storm
event shall be based on the drainage area being fully developed according to zoning
in place and using the runoff coefficients contained in this manual.
.. For- all-unpiFed-drainageways,-either existing or -new, -the -Flood- Study shall
be done to a point of 2 acres of contributing area. All new channels designed as a
part of the project shall contain the Q100 flows within the channel with the
minimum finish floor elevation being at least 2 feet above the Q100 water surface
elevation (Base Flood Elevation) at the building corner. For piped systems, the Q10
stormwater flow shall be designed to be within the pipe and the Q100 stormwater
flow shall be designed to be no higher than the top of the curb (if in a street or
parking lot location). In these areas, the minimum finish floor elevations of all
structures shall be at least 1 foot above the top of the curb at the building corner. If
the storm piping is in an easement, the Q100 water surface elevations shall be
contained within the structures and the minimum finish floor elevation shall be at
least 2 feet above the Q100 water surface elevations. The Flood Study with
supporting documents shall be contained in a document identified as such and shall
be sealed by an engineer or surveyor.
The final plat shall include the Q100 water surface elevations along
drainageway or channels with related floodway widths and drainage easement
width that contains the Q100 flows.
51
11
1e
ARTICLE 5- WSW Buffers Update- 5-18-16
OVERLAY, ENVIRONMENTAL, AND SPECIAL PURPOSE REGULATIONS
Table of Contents
5-1 Manufactured Housing Overlay District Requirements...................................3
A. Purpose and Intent..........................................................................................3
B. Minimum Criteria for Manufactured Dwellings on Single Family Lots ........3
C. Minimum Development Size...........................................................................4
5-2 Watershed Overlay District Regulations...........................................................4
A. Purpose and Intent..........................................................................................4
B. General Provisions Applicable to Both Watershed Overlay Districts .........5
C. WCA, Watershed Critical Area Overlay District (Graham -Mebane Lake
Watershed Critical Area) Regulations...........................................................7
D. GWA, General Watershed Area Overlay District (Graham -Mebane Lake
Watershed Balance of Watershed) Regulations...........................................8
E. Exceeding Basic Density/Built-upon Limitations; Permit to Exceed ........... 9
F. Variances.......................................................................................................14
5.3 Flood Hazard Overlay District Requirements.................................................14
5-3.1 Statutory Authorization, Purpose, Objectives, Legal Status Provisions14
5-3.2
Definitions.................................................................................................16
5-3.3
General Provisions...................................................................................26
A.
Applicability...................................................................................................26
B.
Basis for Establishing the Special Flood Hazard Areas .............................26
C.
Compliance....................................................................................................26
D.
Abrogation and Greater Restrictions...........................................................27
E.
Interpretation.................................................................................................27
F.
Warning and Disclaimer of Liability.............................................................27
G.
Violations and Penalties............................................................................27
5-3.4
Plans, Application, and Permit Requirements........................................27
A.
Designation of Floodplain Administrator....................................................27
B.
General..........................................................................................................28
C.
Application Requirements............................................................................28
D.
Permit Data Requirements............................................................................29
E.
Certification Requirements...........................................................................30
F.
Determinations for existing buildings and structures................................33
5-3.5
Duties and Responsibilities of the Zoning Administrator .......................33
5-3.6
Variance Procedures.................................................................................36
5-3.7
Provisions for Flood Hazard Reduction...................................................36
A.
General Standards........................................................................................36
B.
Specific Standards........................................................................................38
C.
Standards for Floodplains without Established Base Flood Elevations ...44
D.
Standards for Riverine Floodplains with BFE but without Established
Floodways
or Non -Encroachment Areas............................................................45
E.
Standards for Floodways and Non -Encroachment Areas ..........................45
F.
Standards for Areas of Shallow Flooding (Zone AO).................................46
5-3.8
Effect upon Outstanding Permits.............................................................46
5-4 Stormwater Management.................................................................................47
A.
Natural Drainage System Utilized to Extent Feasible.................................47
B.
Developments Must Drain Properly.............................................................47
C.
Design Standards..........................................................................................48
D. Construction of Systems by Developers; Responsibility for Maintenance
48
E. Installation and Maintenance by Private Property Owners ............................48
F. Stormwater Management Plans.......................................................................49
5-5 Soil Erosion and Sedimentation Control.........................................................50
5-6 Highway Corridor Overlay District Requirements..........................................51
A. Procedures....................................................................................................51
B. General Standards Applicable to All Highway Corridor Overlay Districts 51
C. (Reserved) [deleted April 7, 2008]................................................................53
ARTICLE 5
OVERLAY, ENVIRONMENTAL, AND SPECIAL PURPOSE REGULATIONS
5-1 Manufactured Housing Overlay District Requirements
A. Purpose and Intent
The Manufactured Housing Overlay District is intended to provide for
alternative housing opportunities by allowing the placement of
manufactured homes on individual lots within specific defined areas which
overlay the R-10, Residential general zoning districts. Such overlay
districts are designated R-10MH on the official zoning map. The
Manufactured Housing Overlay District is established pursuant to Article
19, Section 160A-383.1 (e) of the North Carolina General Statutes and
this Ordinance.
B. Minimum Criteria for Manufactured Dwellings on Single Family Lots
Class A manufactured dwellings may be permitted on single family lots in
the R-10 residential zoning district provided overlay district zoning is
approved by the City Council in accordance with the provisions of
Ordinance. All requirements of this Ordinance applicable in the R-10
zoning district shall apply. In addition each manufactured dwelling shall
be:
(a) Occupied only as a single family dwelling;
(b) Have a minimum width of 16 feet;
(c) Have a length not exceeding four times its width, with length
measured along the longest axis and width measured
perpendicular to the longest axis at the narrowest part
(towing apparatus, wheels, and transporting lights are not
included in length and width measurements);
(d) Have a minimum of 1,000 square feet of enclosed and
heated space;
(e) Have the towing apparatus, wheels, axis and transporting
lights removed;
(f) Have the longest axis oriented parallel or within a ten degree
deflection of being parallel to the lot frontage, unless other
orientation is permitted as a variance approved by the Board
of Adjustment following a public hearing;
(g) Set up in accordance with the standards established by the
NC Department of Insurance. In addition, a continuous,
permanent masonry foundation or masonry curtain wall
constructed in accordance with the standards of the NC
Mebane UDO, Article 5 5-3
February 4, 2008; amended April 7, 2008; amended 07.11.16
Building Code for One -and Two -Family Dwellings, unpierced
except for required ventilation and access, shall be installed
under the perimeter;
(h) Have exterior siding comparable in composition,
appearance, and durability to the exterior siding commonly
used in standard residential construction, consisting of one
or more of the following:
(1) Vinyl or aluminum lap siding (whose reflectivity
does not exceed that of flat white paint);
(2) Cedar or other wood siding;
(3) Wood grain, weather -resistant press board siding;
(4) Stucco siding; or
(5) Brick or stone siding.
(i) Have a roof pitch minimum vertical rise of three feet for each
twelve feet of horizontal run;
(j) Have the roof finished with a Class C or better roofing
material that is commonly used in standard residential
construction;
(k) Have an eave projection for all roof structures of no less than
six inches, which may include a gutter;
(1) Have stairs, porches, entrance platforms, ramps, and other
means of entrance and exit installed or constructed in
accordance with the standards set forth in the NC Building
Code, anchored securely to the ground. Wood stairs shall
only be used in conjunction with a porch or entrance platform
with a minimum of 24 square feet; and
(m) Be connected to the municipal water and sewer system.
C. Minimum Development Size
Ten existing contiguous lots in single -ownership covering at least
90,000 square feet, excluding public street right-of-way; or
2. 120,000 square feet of land, excluding public street right-of-way.
5-2 Watershed Overlay District Regulations
A. Purpose and Intent
The watershed protection overlay districts, as described in Section 3-1, C,
2, (b) and (c) are designed to protect designated public water supply
Mebane UDO, Article 5 5-4
February 4, 2008; amended April 7, 2008; amended 07.11.16
watershed from activities which could degrade water quality. The
following separate watershed protection overlay districts have been
established:
WCA, Watershed Critical Area Overlay District and
2. GWA, General Watershed Area Overlay District.
Both of these watershed overlay districts are within a public water supply
watershed that has been classified by the State of North Carolina as a
WS-II watershed. The WCA Overlay District represents the Graham -
Mebane Lake Public Water Supply Watershed WS-II Critical Area and the
GWA Overlay District represents the Graham -Mebane Lake Public Water
Supply Watershed WS-II Balance of Watershed Area as designated by
the NC Environmental Management Commission. The purpose of this
Section is to implement the provisions of the Water Supply Watershed
Protection Act (NCGS 143-214.5) which requires the City of Mebane to
adopt minimum land use regulations, consistent with the WS-II Critical
Area and Balance of Watershed management rules as adopted by the
North Carolina Environmental Management Commission, to protect the
water quality of the Graham -Mebane Lake Watershed located within the
city's planning and zoning jurisdictional area.
B. General Provisions Applicable to Both Watershed Overlay
Districts
The construction of new roads and bridges and non-residential
development should minimize built -upon area, divert stormwater
away from surface water supply waters as much as possible, and
employ best management practices (BMPs) to minimize water
quality impacts. To the extent practicable, construction of new
roads in the critical area should be avoided. The Department of
Transportation BMPs as outlined in their document entitled Best
Management Practices for the Protection of Surface Waters shall
be used in all road and bridge construction projects in the
Watershed Overlay Districts.
2. All development activities within Watershed Overlay Districts, in
addition to those activities specifically regulated by these
provisions, are subject to the standards, usage conditions and
other regulations contained in the Rules and Requirements of the
Surface Water Supply Protection Rules adopted by the North
Carolina Environmental Management Commission.
3. A minimum 30-foot vegetative buffer for development activities is
required along all perennial waters, including streams, rivers and
impoundments, indicated on the most recent versions of the
United States Geodetic Survey (USGS) 1:24,000 scale
topographic maps; provided, that a 50-foot buffer shall be
required along Graham -Mebane Lake. Nothing in this subsection
shall prevent artificial streambank or shoreline stabilization. No
new development is allowed in the buffer, except that water -
dependent structures and public works projects such as road
Mebane UDO, Article 5 5-5
February 4, 2008; amended April 7, 2008; amended 07.11.16
crossings and greenways, may be allowed where no practicable
alternative exists. These activities shall minimize built -upon
surface area, direct runoff away from the surface water, and
maximize the utilization of BMPs. The City's Riparian Buffer
Protection Ordinance shall have precedence over all other stream
or riparian buffer regulations within the City of Mebane's
jurisdiction.
4. Existing development, as defined in this Ordinance, is not subject
to the requirements of the overlay provisions. Expansions to
structures, other than single-family, classified as existing
development must meet the requirements of these provisions,
provided however, the built -upon area of the existing development
is not required to be included in the density calculations. In
determining expansions to existing development, the maximum
permitted additional built -upon area is derived by multiplying the
area of the portion of the property that is not built -upon by the
appropriate percent built -upon limitation for the Overlay District in
which the property is located.
5. A pre-existing lot created prior to the effective date of this
Ordinance, regardless of whether or not a vested right has been
established, may be developed or redeveloped for single-family
residential purposes without being subject to the restrictions of
these overlay provisions.
6. Any existing building or built -upon area not in conformance with
the limitations of these provisions that has been damaged or
removed for any reason may be repaired and/or reconstructed,
provided:
(a) Repair or reconstruction is initiated within 12 months and
completed within 2 years of such damage or removal.
(b) The total amount of space devoted to built -upon area may
not be increased.
(c) The repair or reconstruction is otherwise permitted under the
provisions of this Ordinance.
7. Clustering of development if permitted by the underlying use
district is allowed on a project by project basis as follows: overall
density of the project meets associated density or stormwater
control requirements; built upon areas are designed and sited to
minimize stormwater runoff impact to the receiving waters and
minimizes concentrated stormwater flow; remainder of tract to
remain in vegetated or natural state.
8. No activity, situation, structure or land use shall be permitted or
allowed to operate within a watershed which poses a threat to
water quality and the public health, safety and welfare. Such
conditions may arise from inadequate on -site sewage systems
which utilize ground absorption; inadequate sedimentation and
Mebane UDO, Article 5 5-6
February 4, 2008; amended April 7, 2008; amended 07.11.16
erosion control measures; the improper storage or disposal of
junk, trash or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and
hazardous materials; the improper management of stormwater
runoff; or any other situation found to pose a threat to water
quality.
9. The Zoning Administrator may require such information on
subdivision plat, zoning and special use permit and site
development plan applications, including density/built-upon area
calculations, as he/she may deem necessary to determine
compliance with Watershed Overlay District provisions.
Preliminary and final subdivision plat approval and other such
plan approvals may be required to note density/built-upon
limitations on the plat. For example, plats may be required to
show such information as total area of the development, the
amount and percent of impervious area in streets and sidewalks,
the amount and percent of impervious area in other public
improvements, and the amount and percent of impervious area
that is allocated to the various lots for future development. Such
information shall be displayed in such a manner that the Zoning
Administrator can readily determine compliance with these
provisions on a project by project basis.
10. The Zoning Administrator may, prior to the issuance of any permit
in a Watershed Overlay District, require evidence of a valid
Sedimentation Control Permit issued by the State of North
Carolina or evidence satisfactory to the Zoning Administrator that
no permit is required.
11. The Zoning Administrator shall maintain records of the
administration of the Watershed Overlay District regulations and
shall submit any modifications of the regulations and/or Map to
the Division of Community Assistance. The Zoning Administrator
shall also maintain a record of variances issued pursuant to
Article 8, Section 8-2, C of this Ordinance and shall submit an
annual report of each project receiving a variance and the reason
for the variance to the Division of Environmental Management.
C. WCA, Watershed Critical Area Overlay District (Graham -Mebane
Lake Watershed Critical Area) Regulations
1. General Development Standards:
(a) No new sites for land application of sludge/residual or
petroleum contaminated soils are allowed.
(b) No new landfills are allowed.
(c) Existing non-residential development shall maintain an
inventory of all toxic and hazardous materials and shall
implement a spill/failure containment plan approved by the
Fire Chief or his designated agent.
Mebane UDO, Article 5 5-7
February 4, 2008; amended April 7, 2008; amended 07.11.16
(d) No new use which uses, stores or manufactures hazardous
or toxic materials on the premises shall be allowed.
(e) No new use which is first permitted in either the M-1 or M-2
manufacturing zoning districts shall be allowed.
(f) No new underground fuel or chemical storage tanks are
allowed.
2. Density -Built -upon Limitations:
(a) Residential development shall not exceed one dwelling unit
per two acres or, optionally, 6 percent built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed 6 percent
built -upon area, on a project by project basis.
D. GWA, General Watershed Area Overlay District (Graham -Mebane
Lake Watershed Balance of Watershed) Regulations
1. General Development Standards:
(a) No new discharging landfills are allowed.
(b) Existing non-residential development shall maintain an
inventory of all toxic and hazardous materials and shall
implement a spill/failure containment plan approved by the
Fire Chief or his designated agent.
2. Density/Built-Upon Limitations:
(a) Residential development shall not exceed one dwelling unit
per acre or, optionally 12 percent built -upon area, on a
project by project basis.
(b) Non-residential development shall not exceed 12 percent
built -upon area, on a project by project basis.
(c) Notwithstanding the limitations of subsection (b) above, 10
percent (334 acres) of the GWA area (3340 acres) may be
developed with new projects of up to 70 percent built -upon
area as Special Intensity Allocations (SIAs). SIAs shall be
allocated and developed in accordance with the following
rules:
(1) SIAs shall be allocated by the Zoning Administrator
through the Zoning Permit/Development Plan
process. The Zoning Administrator shall maintain a
record of the total acreage in the GWA area eligible
for SIAs, the acreage that has been allocated and
Mebane UDO, Article 5 5-8
February 4, 2008; amended April 7, 2008; amended 07.11.16
the acreage that has been used as of the latest
date. In no case shall allocated acreage exceed
the acreage eligible for allocation.
(2) SIAs shall be allocated on a `first come, first served'
basis upon the approval and issuance of the
appropriate permit, provided that no SIA shall be
allocated to a development unless it is served by or
is to be served by City of Mebane water and sewer
service.
(3) The right to develop a SIA shall terminate with the
loss of the right to develop due to the expiration of
a zoning permit, zoning permit with vested right, or
building permit. In such a case, the allocated
acreage, or unused allocated acreage, shall be
returned to the unallocated total acreage eligible for
allocation.
(4) All SIA development shall be located so that all
stormwater from the development drains into an
engineered stormwater control facility designed and
constructed in accordance with all the requirements
of subsection E, 5, (c) below.
E. Exceeding Basic Density/Built-upon Limitations; Permit to
Exceed
Development in the Watershed Overlay Districts may exceed the basic
density/built-upon limitations established in subsections C, 2 and D, 2
above upon the receipt of a Permit to Exceed from the Zoning
Administrator. No Permit to Exceed shall be issued except for
development which is in conformance with the following conditions and
limitations:
1. Built -upon Limitations
In no case shall the built -upon area of any development, on a
project by project basis, exceed the following limitations and all
development shall be calculated on a built -upon area basis only:
(a) WCA 24% built -upon area
(b) GWA 30% built -upon area
Nothing in this Section, however, shall permit any development to
exceed the maximum permissible lot coverage limitations for
principal and accessory buildings as set forth in this Ordinance for
Use Districts.
2. Buffer
A minimum 50 foot vegetative buffer is required for any new
development activity which exceeds the basic density/built-upon
limitations along all perennial waters indicated on the most recent
versions of USGS 1:24,000 scale topographic maps. Nothing in
Mebane UDO, Article 5 5-9
February 4, 2008; amended April 7, 2008; amended 07.11.16
this subsection shall prevent artificial streambank or shoreline
stabilization. No new development is allowed in the buffer, except
that water dependent structures and public works projects such
as road crossings, utilities and greenways may be allowed where
no practicable alternatives exist. These activities shall minimize
built -upon surface area, direct runoff away from surface water,
and maximize the use of BMPs. The City's Riparian Buffer
Protection Ordinance shall have precedence over all other stream
or riparian buffer regulations within the City of Mebane's
jurisdiction.
3. Development Location
All development which exceeds the basic density/built-upon
limitations shall be located so that all stormwater from the
development drains into an engineered stormwater control facility
designed and constructed in conformance with the requirements
of this Section.
4. Facility Approval
No Permit to Exceed shall be issued for any development until
such facility is fully constructed and approved by the Zoning
Administrator or his/her agent to be capable of functioning in
accordance with the requirements of this Section. Prior to
inspection by the Zoning Administrator or his/her agent to
determine compliance, the developer shall furnish a certification
sealed by an engineer or landscape architect stating that the
facility is complete and consistent with the approved plans and
specifications.
5. Facility Requirements
Engineered stormwater control facilities intended to serve
development which exceeds the basic density/built-upon
limitations of this Ordinance shall conform with the following
requirements:
(a) Developer Responsible for Costs. The developer or his
designee shall be responsible for all costs associated with
the construction, operation, maintenance and repair of any
such facility.
(b) Plans Required. No construction shall begin on any such
facility until the construction, operation and maintenance and
related plans have been submitted to and approved by the
Zoning Administrator. The maintenance and operation plan
shall specify a facility ownership plan and the entity to be
responsible for maintenance, operation, and repair. The
plan shall designate sufficient area and access to perform
inspections maintenance, repairs and reconstruction. The
plan shall also provide a cost estimate for routine and non -
routine maintenance over a 20 year period. At the time the
plans are submitted, the developer shall pay to the City of
Mebane a plan review and construction inspection fee as set
by the City Council.
Mebane UDO, Article 5 5-10
February 4, 2008; amended April 7, 2008; amended 07.11.16
(c) Design Standards. All stormwater control facilities shall use
wet detention ponds as a primary treatment system unless
alternative stormwater management measures, as outlined
in subsection (f) below, are used. Wet detention ponds shall
be designed for specific pollutant removal according to
modeling techniques approved by the North Carolina
Division of Environmental Management. Specific
requirements for these systems shall be in accordance with
the following design criteria:
(1) Wet detention ponds shall be designed to remove
85 percent of total suspended solids in the
permanent pool and store runoff from a one inch
rainfall from the watershed above the permanent
pool, assuming maximum permitted development;
(2) The designed runoff storage volume shall be above
the permanent pool;
(3) The discharge rate from these systems following
the one inch rainfall design storm shall be such that
the runoff does not draw down to the permanent
pool level in less than 2 days and that the pond is
drawn down to the permanent pool level within at
least 5 days;
(4) The mean permanent pool depth shall be a
minimum of 3 feet;
(5) The inlet structure shall be designed to minimize
turbulence using baffles or other appropriate design
features;
(6) Vegetative filters shall be constructed for the
overflow and discharge of all stormwater wet
detention ponds and shall be at least 30 feet in
length. The slope and width of the vegetative filter
shall be determined so as to provide a non -erosive
velocity of flow through the filter for a 10-year, 24-
hour storm with a slope of 5 percent or less.
Vegetation in the filter shall be natural vegetation,
grasses or artificially planted wetland vegetation
appropriate for the site characteristics;
(7) In addition to the vegetative filters required in
subsection (6) above, all disturbed land areas
outside of the pond shall be provided with a ground
cover sufficient to restrain erosion within 15 days
after any land disturbance. Upon completion of the
stormwater control structure, a permanent ground
cover shall be established and maintained as part
of the maintenance and operations plan.
Mebane UDO, Article 5 5-11
February 4, 2008; amended April 7, 2008; amended 07.11.16
(d) A description of the area containing the stormwater control
structure shall be prepared and filed as a separate deed with
the applicable county Register of Deeds along with any
easements necessary for general access to the stormwater
control structure. The deeded area shall include the
stormwater control structure, vegetative filters, all pipes and
water control structures, berms, dikes, etc., and sufficient
area to perform inspections, maintenance, repairs, and
reconstruction.
(e) Qualifying areas of the stormwater control structure may be
considered pervious when computing total built -upon area.
However, if the structure is used to compute the percentage
built -upon area for one site, it shall not be used to compute
built -upon are for any other site or area.
(f) Alternative Stormwater Management Measures. Alternative
stormwater management systems, as detailed in the NC
Stormwater Best Management Practices Manual, consisting
of one treatment option or a combination of treatment
options, may be used. The design criteria for approval shall
be 85 percent average annual removal of Total Suspended
Solids. Also, the discharge rate shall meet one of the
following criteria;
(1) the discharge rate following the 1-inch design storm
shall be such that the runoff draws down to the pre -
storm design stage within five days, but not less
that two days; or
(2) the post development peak discharge rate shall
equal the predevelopment rate for the 1-year, 24-
hour storm.
6. Finance Guarantee and Maintenance Agreement
Before the Zoning Administrator shall approve the completed
facility and issue any Permit to Exceed, the developer and/or
maintaining entity shall furnish the City of Mebane with a financial
guarantee ensuring future maintenance, operation and repair of
the facility. The financial guarantee shall be in the form of cash,
an irrevocable letter of credit or other instrument readily
convertible to cash at face value and shall be deposited and
made payable to the City of Mebane. The amount of the deposit
shall be equal to 40 percent of the total cost of constructing the
facility. The initial cost estimates shall be the responsibility of the
developer but the approval of the final cost estimate shall be
made by the Zoning Administrator or his/her agent. At this time
the developer and/or maintaining entity shall also pay to the City
of Mebane a fee as set by the City Council to cover annual
inspections by the City for 20 years.
Mebane UDO, Article 5 5-12
February 4, 2008; amended April 7, 2008; amended 07.11.16
The initial duration of the financial guarantee shall be for 20 years.
At the end of that period the City of Mebane may, at its own
option, require extension of the guarantee for an additional period
of up to 20 years based upon future maintenance cost or take
whatever lawful action it may deem appropriate at that time. The
financial guarantee may be dissolved at any time in its lifetime by
mutual agreement when the need for such guarantee no longer
exists.
As part of the financial guarantee, the developer or maintaining
entity shall enter into a binding Operation and Maintenance
Agreement in a form acceptable to and enforceable by the City of
Mebane. Such agreement shall require the responsible entity to
maintain, repair and, if necessary, reconstruct the facility in
accordance with the approved operation and maintenance plan.
The plan shall clearly indicate the steps that will be taken for
restoring a stormwater control structure to design specifications if
a failure occurs.
Landscaping and grounds management shall be the responsibility
of the owning entity. However, vegetation shall not be
established or allowed to mature to the extent that the integrity of
the control structure is diminished or threatened, or to the extent
of interfering with any easement or access to the stormwater
control structure.
The agreement shall pledge the financial guarantee in support of
the agreement but also shall acknowledge that default does not
release the entity from liability/responsibility for operation,
maintenance and repair/reconstruction. The agreement shall
provide that in case of default by the operating entity, the City of
Mebane, at any time after default, may on its own motion assume
actual maintenance and operation of the facility and convert for its
use in maintenance and operation any and all funds remaining in
the financial guarantee. The agreement shall be recorded with
the appropriate County Register of Deeds by the Zoning
Administrator after it is executed by both parties. No changes to
the agreement or its terms including ownership and responsible
entity shall be made except upon agreement of the parties.
Amendments to the plans and specifications of the stormwater
control structure and/or the operation and maintenance plan shall
be approved by the Zoning Administrator. Proposed changes
shall be prepared by a North Carolina registered professional
engineer or landscape architect (to the extent that the General
Statutes, Chapter 89A, allow) and submitted to and reviewed by
the City Engineer.
7. Inspections
The Zoning Administrator or his/her agent shall inspect all facilities
at least on an annual basis to determine whether the controls are
performing as designed or intended and whether maintenance is
being performed as required. Records of inspections shall be
Mebane UDO, Article 5 5-13
February 4, 2008; amended April 7, 2008; amended 07.11.16
maintained on forms approved or supplied by the NC Division of
Environmental Management. The first annual inspection shall be
made during the 12 months following the date of certification.
8. Failure to Perform
In the event the Zoning Administrator should find that the facility is
not performing as designed or intended or that maintenance and
repairs are not being made as required or that any action is being
done or not done that is in violation of this Ordinance or the
agreement related to the facility, the Zoning Administrator shall
notify the responsible entity who shall be given a reasonable time
to correct the defect(s). Should the responsible entity fail to act,
fail to act in a timely manner, or otherwise fail to correct the
defect(s), the Zoning Administrator shall institute appropriate
action to obtain compliance including criminal or civil penalties, or
both. In addition, the City of Mebane may declare the responsible
entity in default of the agreement and financial guarantee and use
part or all of the proceeds of the guarantee to correct the defect(s)
and may assume actual operation and maintenance. Default in
the agreement does not release the responsible entity from
liability/responsibility for the defect(s), nor release the entity from
the agreement. Likewise, default in the agreement does not
prevent the City of Mebane from taking criminal or civil action, or
other.
F. Variances
Requests for variances from the watershed district overlay requirements
of Section 5-2 shall be reviewed by the Board of Adjustment in
accordance with the provisions of Section 8-2, C.
5.3 Flood Hazard Overlay District Requirements
5-3.1 Statutory Authorization, Purpose, Objectives, Legal Status
Provisions
A. The Flood Hazard Overlay District (FHO), as established in Section
3-1, D, 2, (d), is designed for the purpose of protecting people and
property from the hazards of flooding in accordance with the authority
provided in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of
Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the
North Carolina General Statutes.
B. Flood prone areas within the jurisdiction of the City of Mebane are
subject to periodic inundation which results 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 are 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.
Mebane UDO, Article 5 5-14
February 4, 2008; amended April 7, 2008; amended 07.11.16
C. It is the purpose of Section 5-3 to promote public health, safety, and
general welfare and to minimize public and private losses due to
flood conditions within flood prone areas by provisions designed to:
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;
2. Require that uses vulnerable to floods, including facilities that
serve such uses, be protected against flood damage at the
time of initial construction;
3. Control the alteration of natural floodplains, stream channels,
and natural protective barriers, which are involved in the
accommodation of floodwaters;
4. Control filling, grading, dredging, and all other development
that may increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers that will
unnaturally divert flood waters or which may increase flood
hazards to other lands.
D. The objectives of Section 5-3 are:
To protect human life and health;
2. To minimize expenditure of public money for costly flood control
projects;
3. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4. To minimize prolonged business losses and interruptions;
5. To minimize damage to public facilities and utilities (i.e. water
and gas mains, electric, telephone, cable and sewer lines,
streets, and bridges) that are located in flood prone areas;
6. To minimize damage to private and public property due to
flooding;
7. To make flood insurance available to the community through
the National Flood Insurance Program;
8. To maintain the natural and beneficial function of the
floodplains;
9. To help maintain a stable tax base by providing for the sound
use and development of flood prone areas; and
10. To ensure that potential buyers are aware that property is in a
Mebane UDO, Article 5 5-15
February 4, 2008; amended April 7, 2008; amended 07.11.16
Special Flood Hazard Area.
E. Legal Status Provisions associated with Section 5-3 are:
This Section in part comes forward by re-enactment of some of
the provisions of the Flood Damage Prevention Ordinance
enacted March 7, 1994 as amended, and it is not the intention to
repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and
liabilities that have accrued thereunder are reserved and may be
enforced. The enactment of this Section shall not affect any
action, suit or proceeding instituted or pending. All provisions of
the Flood Damage Prevention Ordinance of the City of Mebane
enacted on March 7, 1994, as amended, which are not
reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for
Alamance County is August 15, 1994. The date of the initial
Flood Damage Prevention Ordinance for Orange County is
March 2, 1981.
2. Nothing herein contained shall require any change in the plans,
construction, size, or designated use of any development or any
part thereof for which a floodplain development permit has been
granted by the Floodplain Administrator or his or her authorized
agents before the time of passage of this Section; provided,
however, that when construction is not begun under such
outstanding permit within a period of six (6) months subsequent
to the date of issuance of the outstanding permit, construction or
use shall be in conformity with the provisions of this Section.
3. Section 5-3 as amended November 6, 2017 shall become
effective November 17, 2017.
5-3.2 Definitions
A. Unless otherwise specifically provided, or unless clearly required by
the context, the words and phrases defined below shall have the
meaning indicated when used throughout Section 5-3.
Accessory Structure (Appurtenant Structure). A structure
located on the same parcel of property as the principal
structure and the use of which is incidental to the use of the
principal structure. Garages, carports and storage sheds are
common urban accessory structures. Pole barns, hay sheds
and the like qualify as accessory structures on farms, and may
or may not be located on the same parcel as the farm dwelling
or shop building.
2. Addition (to an existing building). An extension or increase
in the floor area or height of a building or structure.
3. Alteration of a watercourse. A dam, impoundment, channel
Mebane UDO, Article 5 5-16
February 4, 2008; amended April 7, 2008; amended 07.11.16
relocation, change in channel alignment, channelization, or
change in cross -sectional area of the channel or the channel
capacity, or any other form of modification which may alter,
impede, retard or change the direction and/or velocity of the
riverine flow of water during conditions of the base flood.
4. Appeal. A request for a review of the Zoning Administrator's
interpretation of any provision of this Section.
5. Area of Shallow Flooding. A designated Zone AH or AO on a
community's Flood Insurance Rate Map (FIRM) with base flood
depths determined to be from one to three feet. These areas
are located where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
6. Area of Special Flood Hazard. See 'Special Flood Hazard Area
(SFHA)'.
7. Basement. Any area of the building having its floor subgrade
(below ground level) on all sides.
8. Base Flood. The flood having a one percent chance of being
equaled or exceeded in any given year.
9. Base Flood Elevation (BFE). A determination of the water
surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a
'Special Flood Hazard Area', it may be obtained from
engineering studies available from a Federal, State, or other
source using FEMA approved engineering methodologies. This
elevation, when combined with the 'Freeboard', establishes the
'Regulatory Flood Protection Elevation'.
10. Building. See'Structure'.
11. Chemical Storage Facility. A building, portion of a building, or
exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
12. Design Flood. See "Regulatory Flood Protection Elevation."
13. Development. Any man-made change to improved or
unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or
materials.
14. Development Activity. Any activity defined as Development
which will necessitate a Floodplain Development Permit. This
includes buildings, structures, and non-structural items,
including (but not limited to) fill, bulkheads, piers, pools, docks,
landings, ramps, and erosion control/stabilization measures.
Mebane UDO, Article 5 5-17
February 4, 2008; amended April 7, 2008; amended 07.11.16
15. Digital Flood Insurance Rate Map (DFIRM). The digital
official map of a community, issued by the Federal Emergency
Management Agency (FEMA), on which both the Special Flood
Hazard Areas and the risk premium zones applicable to the
community are delineated.
16. Disposal. As defined in NCGS 130A-290(a)(6), the discharge,
deposit, injection, dumping, spilling, leaking, or placing of any
solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the
environment or be emitted into the air or discharged into any
waters, including groundwaters.
17. Elevated Building. A non -basement building which has its
lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
18. Encroachment. The advance or infringement of uses, fill,
excavation, buildings, structures or development into a
floodplain, which may impede or alter the flow capacity of a
floodplain.
19. Existing building and existing structure. Any building and/or
structure for which the "start of construction" commenced
before the initial effective date of the floodplain management
regulations adopted by the community.
20. Existing Manufactured Home Park or Manufactured Home
Subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads)
was completed before the original effective date of the
floodplain management regulations adopted by the community.
21. Flood or Flooding. A general and temporary condition of
partial or complete inundation of normally dry land areasfrom:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of
surface waters from any source.
22. Flood Insurance. Means the insurance coverage provided
under the National Flood Insurance Program.
23. Flood Insurance Rate Map (FIRM). An official map of a
community, issued by the Federal Emergency Management
Agency, on which both the Special Flood Hazard Areas and the
risk premium zones applicable to the community are
delineated.
Mebane UDO, Article 5 5-18
February 4, 2008; amended April 7, 2008; amended 07.11.16
24. Flood Insurance Study (FIS). An examination, evaluation,
and determination of flood hazards, corresponding water
surface elevations (if appropriate), flood hazard risk zones, and
other flood data in a community issued by the Federal
Emergency Management Agency. The Flood Insurance Study
report includes Flood Insurance Rate Maps (FIRMs) and Flood
Boundary and Floodway Maps (FBFMs), if published.
25. Flood Prone Area. See `Floodplain'.
26. Floodplain. Any land area susceptible to being inundated by
water from any source.
27. Floodplain Administrator. See Zoning Administrator.
28. Floodplain Development Permit. Any type of permit (zoning
or special use permit) that is required in conformance with the
provisions of Section 5-3 prior to the commencement of any
development activity.
29. Floodplain Management. The operation of an overall program
of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible,
natural resources in the floodplain, including, but not limited to,
emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
30. Floodplain Management Regulations. This Section and other
land development ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances, and
other applications of police power which control development in
flood -prone areas. This term describes federal, state or local
regulations, in any combination thereof, which provide
standards for preventing and reducing flood loss and damage.
31. Floodproofing. Any combination of structural and
nonstructural additions, changes, or adjustments to structures,
which reduce or eliminate flood damage to real estate or
improved real property, water and sanitation facilities,
structures, and their contents.
32. Flood -resistant material. Any building product [material,
component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without
sustaining damage that requires more than low-cost cosmetic
repair. Any material that is water-soluble or is not resistant to
alkali or acid in water, including normal adhesives for above -
grade use, is not flood -resistant. Pressure -treated lumber or
naturally decay -resistant lumbers are acceptable flooring
materials. Sheet -type flooring coverings that restrict
evaporation from below and materials that are impervious, but
dimensionally unstable are not acceptable. Materials that
absorb or retain water excessively after submergence are not
Mebane UDO, Article 5 5-19
February 4, 2008; amended April 7, 2008; amended 07.11.16
flood -resistant. Please refer to Technical Bulletin 2, Flood
Damage -Resistant Materials Requirements, and available from
the FEMA. Class 4 and 5 materials, referenced therein, are
acceptable flood -resistant materials.
33. Floodway. The channel of a river or other watercourse,
including the area above a bridge or culvert when applicable,
and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
34. Floodway encroachment analysis. An engineering analysis
of the impact that a proposed encroachment into a floodway or
non -encroachment area is expected to have on the floodway
boundaries and flood levels during the occurrence of the base
flood discharge. The evaluation shall be prepared by a
qualified North Carolina licensed engineer using standard
engineering methods and models.
35. Flood Zone. A geographical area shown on a Flood Hazard
Boundary Map or Flood Insurance Rate Map that reflects the
severity or type of flooding in the area.
36. Freeboard. The height added to the Base Flood Elevation
(BFE) to account for the many unknown factors that could
contribute to flood heights greater that the height calculated for
a selected size flood and floodway conditions, such as wave
action, bridge openings, and the hydrological effect of
urbanization on the watershed. The Base Flood Elevation plus
the freeboard establishes the `Regulatory Flood Protection
Elevation'.
37. Functionally Dependent Facility. A facility which cannot be
used for its intended purpose unless it is located in close
proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-
term storage, manufacture, sales, or service facilities.
38. Hazardous Waste Facility. As defined in NCGS 130A, Article
9, a facility for the collection, storage, processing, treatment,
recycling, recovery, or disposal of hazardous waste.
39. Highest Adjacent Grade (HAG). The highest natural elevation
of the ground surface, prior to construction, immediately next to
the proposed walls of the structure.
40. Historic Structure. Any structure that is:
(a) Listed individually in the National Register of Historic
Places (a listing maintained by the US Department of
Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual
Mebane UDO, Article 5 5-20
February 4, 2008; amended April 7, 2008; amended 07.11.16
listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of
Interior as contributing to the historical significance of a
registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered
historic district;
(c) Individually listed on a local inventory of historic
landmarks in communities with a `Certified Local
Government (CLG) Program'; or
(d) Certified as contributing to the historical significance of
a historic district designated by a community with a
`Certified Local Government (CLG) Program'.
Certified Local Government (CLG) Programs are
approved by the US Department of the Interior in
cooperation with the North Carolina Department of
Cultural Resources through the State Historic
Preservation Officer as having met the
requirements of the National Historic Preservation
Act of 1966 as amended in 1980.
41. Letter of Map Change (LOMC). An official determination
issued by FEMA that amends or revises an effective Flood
Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
(a) Letter of Map Amendment (LOMA): An official
amendment, by letter, to an effective National Flood
Insurance Program map. A LOMA is based on
technical data showing that a property had been
inadvertently mapped as being in the floodplain, but is
actually on natural high ground above the base flood
elevation. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific
property, portion of a property, or structure is not
located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on
technical data that may show changes to flood zones,
flood elevations, special flood hazard area boundaries
and floodway delineations, and other planimetric
features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A
determination that a structure or parcel of land has
been elevated by fill above the BFE and is, therefore,
no longer located within the special flood hazard area.
In order to qualify for this determination, the fill must
have been permitted and placed in accordance with the
community's floodplain management regulations.
Mebane UDO, Article 5 5-21
February 4, 2008; amended April 7, 2008; amended 07.11.16
(d) Conditional Letter of Map Revision (CLOMR): A
formal review and comment as to whether a proposed
project complies with the minimum NFIP requirements
for such projects with respect to delineation of special
flood hazard areas. A CLOMR does not revise the
effective Flood Insurance Rate Map or Flood Insurance
Study; upon submission and approval of certified as -
built documentation, a Letter of Map Revision may be
issued by FEMA to revise the effective FIRM.
42. Light Duty Truck. Any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular
curb weight of 6,000 pounds or less and which has a basic
vehicle frontal area of 45 square feet or less as defined in 40
CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of
property or is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and
has a capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off -
highway operation and use.
43. Lowest Adjacent Grade (LAG). The lowest elevation of the
ground, sidewalk or patio slab immediately next to the building,
or deck support, after completion of the building.
44. Lowest Floor. The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant
enclosure, usable solely for parking of vehicles, building
access, or limited storage in an area other than a basement
area is not considered a building's lowest floor, provided that
such an enclosure is not built so as to render the structure in
violation of the applicable non -elevation design requirements of
this Section.
45. Manufactured Home. A structure, transportable in one or
more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation
when connected to the required utilities. The term
`manufactured home' does not include a 'recreational vehicle'.
46. Manufactured Home Park or Subdivision. A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
47. Market Value. The building value, not including the land value
and that of any accessory structures or other improvements on
the lot. Market value may be established by independent
certified appraisal; replacement cost depreciated for age of
Mebane UDO, Article 5 5-22
February 4, 2008; amended April 7, 2008; amended 07.11.16
building and quality of construction (Actual Cash Value); or
adjusted tax assessed values.
48. New Construction. Structures for which the `start of
construction' commenced on or after the effective date of the
original version of the community's Flood Damage Prevention
Ordinance and includes any subsequent improvements to such
structures.
49. Non -Encroachment Area. The channel of a river or other
watercourse and the adjacent land areas that must be reserved
in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one (1) foot
as designated in the Flood Insurance Study report.
53. Post -FIRM. Construction or other development for which the `start
of construction' occurred on or after the effective date of the initial
Flood Insurance Rate Map for the area.
54. Pre -FIRM. Construction or other development for which the `start
of construction' occurred before the effective date of the initial
Flood Insurance Rate Map for the area.
55. Principally Above Ground. At least 51 % of the actual cash
value of the structure is above ground.
56. Public Safety and/or Nuisance. Anything which is injurious to
the safety or health of an entire community or neighborhood, or
any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin.
57. Recreational Vehicle (RV). A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest
horizontal projection;
(c) Designed to be self-propelled or permanently towable
by a light duty truck;
(d) Designed primarily not for use as a permanent
dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use; and
(e) Is fully licensed and ready for highway use.
For the purpose of this section, "Tiny Homes/Houses"
and Park Models that do not meet the items listed above
are not considered Recreational Vehicles and should
meet the standards of and be permitted as Residential
Mebane UDO, Article 5 5-23
February 4, 2008; amended April 7, 2008; amended 07.11.16
Structures.
58. Reference Level. The top of the lowest floor for structures within
Special Flood Hazard Areas designated as Zones A, AE, AH, AO,
A99.
59. Regulatory Flood Protection Elevation. The `Base Flood
Elevation' plus the `Freeboard'. In `Special Flood Hazard Areas'
where Base Flood Elevations (BFEs) have been determined, this
elevation shall be the BFE plus two feet of freeboard. In `Special
Flood Hazard Areas' where no BFE has been established, this
elevation shall be at least two feet above the highest adjacent grade.
60. Remedy a Violation. To bring the structure or other development
into compliance with State and community floodplain management
regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include
protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of the section or
otherwise deterring future similar violations, or reducing Federal
financial exposure with regard to the structure or other development.
61. Riverine. Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
62. Salvage Yard. Any non-residential property used for the storage,
collection, and/or recycling of any type of equipment, and including
but not limited to vehicles, appliances and related machinery.
63. Solid Waste Disposal Facility. As defined in NCGS 130A-290 (a)
(35), any facility involved in the disposal of solid waste.
64. Solid Waste Disposal Site. As defined in NCGS 130A-290 (a) (36),
any place at which solid wastes are disposed of by incineration,
sanitary landfill, or any other method.
65. Special Flood Hazard Area (SFHA). The land in the floodplain
subject to a one percent or greater chance of being flooded in any
given year, as determined Section 5-3.3, B.
66. Start of Construction. Includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or
Mebane UDO, Article 5 5-24
February 4, 2008; amended April 7, 2008; amended 07.11.16
foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or
other structural part of the building, whether or not that alteration
affects the external dimensions of the building.
67. Structure. A walled and roofed building, a manufactured home, or a
gas, liquid, or liquefied gas storage tank that is principally above
ground.
68. Substantial Damage. Damage of any origin sustained by a
structure during any one-year period whereby the cost of restoring
the structure to it's before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage
occurred. See definition of 'substantial improvement'.
69. Substantial Improvement. Any combination of repairs,
reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during any one-year period for which the cost
equals or exceeds 50 percent of the market value of the structure
before the 'start of construction' of the improvement. This term
includes structures which have incurred 'substantial damage',
regardless of the actual repair work performed. The term does not,
however, include either:
(a) Any correction of existing violations of State or
community health, sanitary, or safety code
specifications which have been identified by the
community code enforcement official and which are the
minimum necessary to assure safe living conditions; or,
(b) Any alteration of a historic structure, provided that the
alteration will not preclude the structure's continued
designation as a historic structure.
70. Technical Bulletin and Technical Fact Sheet. A FEMA publication
that provides guidance concerning the building performance
standards of the NFIP, which are contained in Title 44 of the U.S.
Code of Federal Regulations at Section 60.3. The bulletins and fact
sheets are intended for use primarily by State and local officials
responsible for interpreting and enforcing NFIP regulations and by
members of the development community, such as design
professionals and builders. New bulletins, as well as updates of
existing bulletins, are issued periodically as needed. The bulletins do
not create regulations; rather they provide specific guidance for
complying with the minimum requirements of existing NFIP
regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets
provide guidance on the minimum requirements of the NFIP
regulations. State or community requirements that exceed those of the
Mebane UDO, Article 5 5-25
February 4, 2008; amended April 7, 2008; amended 07.11.16
NFIP take precedence. Design professionals should contact the
community officials to determine whether more restrictive State or
local regulations apply to the building or site in question. All applicable
standards of the State or local building code must also be met for any
building in a flood hazard area.
71. Temperature Controlled. Having the temperature regulated by a
heating and/or cooling system, built-in or appliance.
72. Variance. A grant of relief from the requirements of this Section.
73. Violation. The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
Sections 5-3.4 and 5-3.7 is presumed to be in violation until such
time as that documentation is provided.
74. Water Surface Elevation (WSE). The height, in relation to NAVD
1988, of floods of various magnitudes and frequencies in the
floodplains of riverine areas.
75. Watercourse. A lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least
periodically. `Watercourse' includes specifically designated areas in
which substantial flood damage may occur.
76. Zoning Administrator. The individual appointed to administer and
enforce the floodplain management regulations of this Section.
5-3.3 General Provisions
A. Applicability
The provisions of Section 5-3 shall apply to all Special Flood Hazard
Areas within the planning and zoning jurisdiction of the City of
Mebane.
B. Basis for Establishing the Special Flood Hazard Areas
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 Stud FIS and its
accompanying DFIRM panels, for Alamance County dated
November 17, 2017, and for Orange County dated November 17,
2017 which are adopted by reference and declared to be a part of
this Section. Future revisions to the FIS and DFIRM panels that do
not change flood hazard data within the jurisdictional authority of the
City of Mebane are also adopted by reference and declared a part of
this section. Subsequent Letter of Map Revisions (LOMRs) and/or
Physical Map Revisions (PMRs) shall be adopted within 3 months.
C. Compliance
No structure or land shall hereafter be located, extended, converted,
altered, or developed in any way without full compliance with the
Mebane UDO, Article 5 5-26
February 4, 2008; amended April 7, 2008; amended 07.11.16
terms of this Section and other applicable regulations.
D. Abrogation and Greater Restrictions
The provisions of this Section are not intended to repeal, abrogate,
or impair any existing easements, covenants, or deed restrictions.
However, where the provisions of this Section and another conflict or
overlap, whichever imposes the more stringent restrictions shall
prevail.
E. Interpretation
In the interpretation and application of the provisions of this Section,
all provisions shall be:
Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted
under State statutes.
F. Warning and Disclaimer of Liability
The degree of flood protection required by this Section is considered
reasonable for regulatory purposes and is based on scientific and
engineering consideration. Larger floods can and will occur. Actual
flood heights may be increased by man-made or natural causes.
This Section 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 Section shall not create liability on
the part of the City of Mebane or by any officer or employee thereof
for any flood damages that result from reliance on this Section or
any administrative decision lawfully made hereunder.
G. Violations and Penalties
Violations of the provisions of Section 5-3 or failure to comply with
any of its requirements shall be processed in accordance with the
procedures delineated in Article 11, Enforcement and Judicial
Review. Penalties and remedies for violations shall be as provided
for in Article 11, Sections 11-4 and 11-5. Nothing herein contained
shall prevent the City of Mebane from taking such other lawful action
as is necessary to prevent or remedy any violation of the provisions
of Section 5-3.
5-3.4 Plans, Application, and Permit Requirements
A. Designation of Floodplain Administrator
The Zoning Administrator is hereby appointed to administer and
implement the provisions of this section. In instances where the
Zoning Administrator receives assistance from others to complete
tasks to administer and implement this section, the Zoning
Administrator shall be responsible for the coordination and
community's overall compliance with the National Flood Insurance
Program and the provisions of this section.
Mebane UDO, Article 5 5-27
February 4, 2008; amended April 7, 2008; amended 07.11.16
B. General
A zoning or special use permit, as applicable, shall be required in
conformance with the provisions of this Section prior to the
commencement of any development activities within Special Flood
Hazard Areas determined in accordance with Section 5-3.3, B.
C. Application Requirements
Applications for a zoning permit or special use permit which include
property that is located within a Special Flood Hazard Area shall be
submitted to the Zoning Administrator and shall include the following
information:
1. A plot plan drawn to scale which shall include, but shall not be
limited to, the following specific details of the proposed
floodplain development:
(a) The nature, location, dimensions, and elevations of the
area of development/disturbance; existing and
proposed structures, utility systems, grading/pavement
areas, fill materials, storage areas, drainage facilities,
and other development;
(b) The boundary of the Special Flood Hazard Area as
delineated on the FIRM or other flood map as
determined in Section 5-3.3, B or a statement that the
entire lot is within the Special Flood Hazard Area;
(c) Flood zone(s) designation of the proposed
development area as determined on the FIRM or other
flood map as determined in Section 5-3.3, B;
(d) The boundary of the floodway(s) or non -encroachment
area(s) as determined in Section 5-3.3, B;
(e) The Base Flood Elevation (BFE) where provided as set
forth in Section 5-3.3, B; Section 5-3.5, K and L; or
Section 5-3.7, C;
(f) The old and new location of any watercourse that will
be altered or relocated as a result of proposed
development;
(g) Certification of the plot plan by a registered surveyor or
professional engineer.
2. Proposed elevation, and method thereof, of all development
within a Special Flood Hazard Area including but not limited to:
(a) Elevation in relation to NAVD 1988 of the proposed
reference level (including basement) of all structures;
Mebane UDO, Article 5 5-28
February 4, 2008; amended April 7, 2008; amended 07.11.16
(b) Elevation in relation to NAVD 1988 to which any non-
residential structure in Zones A, AE, AH, AO, A99 will
be flood -proofed; and
(c) Elevation in relation to NAVD 1988 to which any
proposed utility systems will be elevated or
floodproofed;
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-
0-34) with supporting data and an operational plan that
includes, but is not limited to, installation, exercise, and
maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which shall include details
of the proposed foundation system to ensure all provisions of
this Section are met. These details include but are not limited
to:
(a) The proposed method of elevation, if applicable (i.e.,
fill, solid foundation perimeter wall, solid backfilled
foundation, open foundation on
columns/posts/piers/piles/shear walls) and
(b) Openings to facilitate equalization of hydrostatic flood
forces on walls in accordance with Section 5-3.7, B, 4,
(d), when solid foundation perimeter walls are used in
Zones A, AE, AH, AO, A99.
5. Usage details of any enclosed areas below the regulatory flood
protection elevation.
6. Plans and/or details for the protection of public utilities and
facilities such as sewer, gas, electrical, and water systems to
be located and constructed to minimize flood damage;
7. Copies of all other Local, State and Federal permits required
prior to floodplain development permit issuance (Wetlands,
Endangered Species, Erosion and Sedimentation Control,
Riparian Buffers, Mining, etc.)
8. Documentation for placement of Recreational Vehicles and/or
Temporary Structures, when applicable, to ensure Section 5-
3.7, B, 6 and 7 are met.
9. A description of proposed watercourse alteration or relocation,
when applicable, including an engineering report on the effects
of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both
upstream and downstream; and a map (if not shown on plot
plan) showing the location of the proposed watercourse
alteration or relocation.
D. Permit Data Requirements
Mebane UDO, Article 5 5-29
February 4, 2008; amended April 7, 2008; amended 07.11.16
The following information shall be provided on the approved permit to
ensure compliance with the provisions of Section 5-3:
1. A complete description of the development to be permitted
under the floodplain development permit (e.g. house, garage,
pool, septic, bulkhead, cabana, pier, bridge, mining, dredging,
filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials, etc.).
2. The Special Flood Hazard Area determination for the proposed
development per available data specified in Section 5-3.3, B.
3. The regulatory flood protection elevation required for the
reference level and all attendant utilities.
4. The regulatory flood protection elevation required for the
protection of all public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall
encroach into the floodway or non -encroachment area of any
watercourse, as applicable.
7. The flood openings requirements, if in Zones A, AE, AH, AO,
A99.
8. Limitations of below BFE enclosure uses, if applicable (i.e.,
parking, building access and limited storage only).
9. A statement that all materials below BFE/RFPE must be flood
resistant materials.
E. Certification Requirements
1. Elevation Certificates:
(a) An Elevation Certificate (FEMA Form 086-0-33) is
required prior to the actual start of any new
construction. It shall be the duty of the permit holder to
submit to the Zoning Administrator a certification of the
elevation of the reference level, in relation to NAVD
1988. The Zoning Administrator shall review the
certificate data submitted. Deficiencies detected by
such review shall becorrected by the permit holder prior
to the beginning of construction. Failure to submit the
certification or failure to make required corrections shall
be cause to deny a floodplain development permit.
(b) An Elevation Certificate (FEMA Form 086-0-33) is
required after the reference level is established. Within
seven calendar days of establishment of the reference
level elevation, it shall be the duty of the permit holder
Mebane UDO, Article 5 5-30
February 4, 2008; amended April 7, 2008; amended 07.11.16
to submit to the Zoning Administrator a certification of
the elevation of the reference level, in relation to NAVD
1988. Any work done within the seven-day calendar
period and prior to submission of the certification shall
be at the permit holder's risk. The Zoning Administrator
shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the
permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the
certification or failure to make required corrections shall
be cause to issue a stop -work order for the project.
(c) A final as -built Elevation Certificate (FEMA Form 086-0-
33) is required after construction is completed and prior
to Certificate of Compliance/Occupancy issuance. It
shall be the duty of the permit holder to submit to the
Zoning Administrator a certification of final as -built
construction of the elevation of the reference level and
all attendant utilities. The Zoning Administrator shall
review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the
permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances,
another certification may be required to certify
corrected as -built construction. Failure to submit the
certification or failure to make required corrections shall
be cause to withhold the issuance of a Certificate of
Compliance/Occupancy. The Finished Construction
Elevation Certificate certifier shall provide at least 2
photographs showing the front and rear of the building
taken within 90 days from the date of certification. The
photographs must be taken with views confirming the
building description and diagram number provided in
Section A. To the extent possible, these photographs
should show the entire building including foundation. If
the building has split-level or multi -level areas, provide
at least 2 additional photographs showing side views of
the building. In addition, when applicable, provide a
photograph of the foundation showing a representative
example of the flood openings or vents. All
photographs must be in color and measure at least 3" x
311.
2. Floodproofing Certificate
(a) If non-residential floodproofing is used to meet the
regulatory flood protection elevation requirements, a
Floodproofing Certificate (FEMA Form 086-0-34), with
supporting data and an operational plan, is required
prior to the actual start of any new construction. It shall
be the duty of the permit holder to submit to the Zoning
Administrator a certification of the floodproofed design
elevation of the reference level and all attendant
Mebane UDO, Article 5 5-31
February 4, 2008; amended April 7, 2008; amended 07.11.16
utilities, in relation to NAVD 1988. Floodproofing
certification shall be prepared by or under the direct
supervision of a professional engineer or architect and
certified by same. The Zoning Administrator shall
review the certificate data and plan. Deficiencies
detected by such review shall be corrected by the
applicant prior to permit approval. Failure to submit the
certification or failure to make required corrections shall
be cause to deny a floodplain development permit.
Failure to construct in accordance with the certified
design shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy.
(b) A final Finished Construction Floodproofing Certificate
(FEMA Form 086-0-34), with supporting data, an
operational plan, and an inspection and maintenance
plan are required prior to the issuance of a Certificate of
Compliance/Occupancy. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a
certification of the floodproofed design elevation of the
reference level and all attendant utilities, in relation to
NAVD 1988. Floodproofing certificate shall be prepared
by or under the direct supervision of a professional
engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data,
the operational plan, and the inspection and
maintenance plan. Deficiencies detected by such review
shall be corrected by the applicant prior to Certificate of
Occupancy. Failure to submit the certification or failure
to make required corrections shall be cause to deny a
Floodplain Development Permit. Failure to construct in
accordance with the certified design shall be cause to
deny a Certificate of Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO,
or A99 and the elevation of the chassis is more than 36 inches
in height above grade, an engineered foundation certification is
required per Section 5-3.7, B, 3, (b).
4. If a watercourse is to be altered or relocated, a description of
the extent of watercourse alteration or relocation; a
professional engineer's certified report on the effects of the
proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream
and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be
submitted by the permit applicant prior to issuance of a permit.
5. Certification Exemptions. The following structures, if located
within Zones A, AE, AH, AO, or A99, are exempt from the
elevation/floodproofing certification requirements specified in
items 1 and 2 above of this subsection:
Mebane UDO, Article 5 5-32
February 4, 2008; amended April 7, 2008; amended 07.11.16
a
C.
Recreational Vehicles meeting requirements of Section
5-3.7, B, 6, (a);
Temporary Structures meeting requirements of Section
5-3.7, B, 7; and
Accessory Structures less than 150 square
feet or less than $3,000 and meeting requirements of
Section 5-3.7, B, 8.
F. Determinations for existing buildings and structures
For applications for building permits to improve buildings and
structures, including alterations, movement, enlargement,
replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings
and structures, the Floodplain Administrator, in coordination with the
Building Official, shall:
Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified
independent appraiser, of the building or structure before the
start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the
market value before the damage occurred and before any
repairs are made;
2. Compare the cost to perform the improvement, the cost to repair
a damaged building to its pre -damaged condition, or the
combined costs of improvements and repairs, if applicable, to
the market value of the building or structure;
3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and
that compliance with the flood resistant construction
requirements of the NC Building Code and this section is
required.
5-3.5 Duties and Responsibilities of the Zoning Administrator
The duties of the Zoning Administrator as they relate to the administration
and enforcement of the provisions of Section 5-3 shall include, but not be
limited to:
A. Review all floodplain development applications and issue permits for
all proposed development within Special Flood Hazard Areas to
assure that the requirements of this Section have been satisfied.
B. Review all proposed development within Special Flood Hazard
Areas to assure that all necessary local, state and federal permits
Mebane UDO, Article 5 5-33
February 4, 2008; amended April 7, 2008; amended 07.11.16
have been received, including Section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
C. Notify adjacent communities and the North Carolina Department of
Crime Control and Public Safety, Division of Emergency
Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency
Management Agency (FEMA).
D. Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood -carrying capacity is not
diminished.
E. Prevent encroachments into floodways and non -encroachment areas
unless the certification and flood hazard reduction provisions of
Section 5-3.7, E are met.
F. Obtain actual elevation (in relation to NAVD 1988) of the reference
level (including basement) and all attendant utilities of all new or
substantially improved structures, in accordance with Section 5-3.4,
E.
G. Obtain actual elevation (in relation to NAVD 1988) to which all new
and substantially improved structures and utilities have been
floodproofed, in accordance with Section 5-3.4, E.
H. Obtain actual elevation (in relation to NAVD 1988) of all public
utilities in accordance with Section 5-3.4, E.
When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in
accordance with Section 5-3.4, E and Section 5-3.7, B, 2.
J. Where interpretation is needed as to the exact location of
boundaries of the Special Flood Hazard Areas (for example, where
there appears to be a conflict between a mapped boundary and
actual field conditions), make the necessary interpretation. The
person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in
this Section.
K. When Base Flood Elevation (BFE) data has not been provided in
accordance with Section 5-3.3, B obtain, review, and reasonably
utilize any Base Flood Elevation (BFE) data, along with floodway
data or non -encroachment area data available from a Federal, State,
or other source, including data developed pursuant to Section 5-3.7,
C, 2, (b), in order to administer the provisions of this Section.
L. When Base Flood Elevation (BFE) data is provided but no floodway
nor non- encroachment area data has been provided in accordance
with Section 5-3.3, B obtain, review, and reasonably utilize any
floodway data or non -encroachment area data available from a
Mebane UDO, Article 5 5-34
February 4, 2008; amended April 7, 2008; amended 07.11.16
Federal, State, or other source in order to administer the provisions
of this Section.
M. When the lowest ground elevation of a parcel or structure in a
Special Flood Hazard Area is above the Base Flood Elevation,
advise the property owner of the option to apply for a Letter of Map
Amendment (LOMA) from FEMA. Maintain a copy of the Letter of
Map Amendment (LOMA) issued by FEMA in the floodplain
development permitfile.
N. Permanently maintain all records that pertain to the administration of
Section 5- 3 and make these records available for public inspection.
O. Make on -site inspections of work in progress. As the work pursuant
to a permit progresses, the Zoning Administrator shall make as
many inspections of the work as may be necessary to ensure that
the work is being done according to the provisions of the local
ordinance and the terms of the permit. In exercising this power, the
Zoning Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the
community at any reasonable hour for the purposes of inspection or
other enforcement action.
P. Issue stop -work orders as required. Whenever a building or part
thereof is being constructed, reconstructed, altered, or repaired in
violation of this Section, the Zoning Administrator may order the work
to be immediately stopped. The stop- work order shall be in writing
and directed to the person doing the work. The stop -work order shall
state the specific work to be stopped, the specific reason(s) for the
stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop -work order constitutes a misdemeanor.
Q. Revoke floodplain development permits as required. The Zoning
Administrator may revoke and require the return of the permit by
notifying the permit holder in writing stating the reason(s) for the
revocation. Permits shall be revoked for any substantial departure
from the approved application, plans, or specifications; for refusal or
failure to comply with the requirements of State or local laws; or for
false statements or misrepresentations made in securing the permit.
Any permit mistakenly issued in violation of an applicable State or
local law may also be revoked.
R. Make periodic inspections throughout all special flood hazard areas
within the jurisdiction of the community. The Zoning Administrator
and each member of his or her inspections department shall have a
right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement
action.
S. Follow through with corrective procedures of Section 5-3.3, G.
Mebane UDO, Article 5 5-35
February 4, 2008; amended April 7, 2008; amended 07.11.16
T. Review, provide input, and make recommendations for variance
requests.
U. Maintain a current map repository to include, but not limited to, the
FIS Report, FIRM and other official flood maps and studies adopted
in accordance with Section 5-3.3, B, including any revisions thereto
including Letters of Map Change, issued by FEMA. Notify State and
FEMA of mapping needs.
V. Coordinate revisions to FIS reports and FIRMs, including Letters of
Map Revision Based on Fill (LOMR-F) and Letters of Map Revision
(LOMR).
5-3.6 Variance Procedures
Requests for variances from the Flood Hazard Overlay District
requirements of Section 5-3 shall be reviewed by the board of
adjustment in accordance with the procedures outlined in Section 8-2,
B. Any person aggrieved by the decision of the board of adjustment may
appeal such decision in accordance with the provisions of Section 11- 7,
Judicial Review.
5-3.7 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.
4. All new electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall be located at or
above the RFPE or designed and installed to prevent water from
entering or accumulating within the components during the
occurrence of the base flood. These include, but are not limited
to, HVAC equipment, water softener units, bath/kitchen fixtures,
ductwork, electric/gas meter panels/boxes, utility/cable boxes,
hot water heaters, and electric outlets/switches.
(a) Replacements part of a substantial improvement,
electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall also meet
the above provisions.
(b) Replacements that are for maintenance and not part of a
Mebane UDO, Article 5 5-36
February 4, 2008; amended April 7, 2008; amended 07.11.16
substantial improvement, may be installed at the original
location provided the addition and/or improvements only
comply with the standards for new construction
consistent with the code and requirements for the original
structure.
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. On -site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination from
them during flooding.
8. Nothing in this Section shall prevent the repair, reconstruction,
or replacement of a building or structure existing on the
effective date of this Section 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 Section.
9. New solid waste disposal facilities and sites, hazardous waste
management facilities, salvage yards, and chemical storage
facilities shall not be permitted, except by variance as specified
in Section 5-3.6, I. A structure or tank for chemical or fuel
storage incidental to an allowed use or to the operation of a
water treatment plant or wastewater treatment facility may be
located in a Special Flood Hazard Area only if the structure or
tank is either elevated or floodproofed to at least the regulatory
flood protection elevation and certified according to Section 5-
3.4, E.
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
Mebane UDO, Article 5 5-37
February 4, 2008; amended April 7, 2008; amended 07.11.16
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.
14. When a structure is partially located in a Special Flood Hazard
Area, the entire structure shall meet the requirements for new
construction and substantial improvements.
15. When a structure is located in multiple flood hazard zones or in
a flood hazard risk zone with multiple base flood elevations,
the provisions for the more restrictive flood hazard risk zone
and the highest BFE shall apply.
B. Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE)
data has been provided, as set forth in Section 5-3.3, B or Section 5-
3.5, K and L, the following provisions, in addition to Section 5-3.7, A,
are required:
1. Residential Construction
New construction and substantial improvement of any
residential structure (including manufactured homes) shall
have the reference level, including basement, elevated no
lower than the regulatory flood protection elevation, as defined
in Section 5-3.2.
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, as defined in
Section 5-3.2. Structures located in Zones A, AE, AH, AO, A99
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.
For AH and AO Zones, the floodproofing elevation shall be in
accordance with Section 5-3.7, F. A registered professional
engineer or architect shall certify that the standards of this
subsection are satisfied. Such certification shall be provided to
the Zoning Administrator as set forth in Section 5-3.4, E along
with the operational and maintenance plans.
3. Manufactured Homes:
(a) New or replacement manufactured homes shall be
elevated so that the reference level of the manufactured
home is no lower than the regulatory flood protection
elevation, as defined in Section 5-3.2.
Mebane UDO, Article 5 5-38
February 4, 2008; amended April 7, 2008; amended 07.11.16
(b) Manufactured homes shall be securely anchored to an
adequately anchored foundation to resist flotation,
collapse, and lateral movement, either by engineer
certification, or in accordance with the most current
edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of
Insurance pursuant to NCGS 143-143.15. Additionally,
when the elevation would be met by an elevation of the
chassis thirty-six inches or less above the grade at the
site, the chassis shall be supported by reinforced piers
or engineered foundation. When the elevation of the
chassis is above thirty-six inches in height, an
engineering certification is required.
(c) All enclosures or skirting below the lowest floor shall
meet the requirements of Section 3-5.7, B, 4.
(d) An evacuation plan must be developed for evacuation
of all residents of all new, substantially improved or
substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Zoning
Administrator and the local Emergency Management
coordinator.
4. Elevated Buildings
Fully enclosed area, of new construction and substantially
improved structures, which is below the lowest floor:
(a) 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. 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;
(b) Shall not be temperature controlled.
(c) Shall be constructed entirely of flood resistant materials
below the regulatory flood protection elevation; and
(d) Shall include, in Zones A, AE, AH, AO, A99 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
Mebane UDO, Article 5 5-39
February 4, 2008; amended April 7, 2008; amended 07.11.16
design criteria;
(1) A minimum of two flood openings on different
sides of each enclosed area subject to flooding;
(2) The total net area of all flood openings must
be at least one square inch for each square
foot of enclosed area subject to flooding;
(3) If a building has more than one enclosed
area, each enclosed area must have
flood openings to allow floodwaters to
automatically enter and exit;
(4) The bottom of all required flood openings
shall be no higher than one foot above
the adjacent grade;
(5) 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
(6) 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.
5. Additions/Improvements:
(a) Additions and/or improvements to pre -FIRM structures
when the addition and/or improvements in combination
with any interior modifications to the existing structure
are:
(1) Not a substantial improvement, the addition
and/or improvements must be designed to
minimize flood damages and must not be any
more non -conforming than the existing
structure.
(2) A substantial improvement, both the existing
structure and the addition and/or improvements
must comply with the standards for new
construction.
(b) Additions to post -FIRM structures with no modifications
to the existing structure other than a standard door in
the common wall shall require only the addition to
comply with the standards for new construction.
(c) Additions and/or improvements to post -FIRM structures
when the addition and/or improvements in combination
Mebane UDO, Article 5 5-40
February 4, 2008; amended April 7, 2008; amended 07.11.16
with any interior modifications to the existing structure
are:
(3) Not a substantial improvement, the addition
and/or improvements only must comply
with the standards for new construction.
(4) A substantial improvement, both the existing
structure and the addition and/or improvements
must comply with the standards for new
construction.
(d) Where an independent perimeter load -bearing wall is
provided between the addition and the existing building,
the addition(s) shall be considered a separate building
and only the addition must comply with the standards
for new construction.
6. Recreational Vehicles
Recreational vehicles shall either:
(a) Temporary Placement
(1) Be on site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use (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) Permanent Placement. Recreational vehicles that do not
meet the limitations of Temporary Placement shall meet
all the requirements for new construction.
7. Temporary Non -Residential Structures
Prior to the issuance of a permit for a temporary structure, the
applicant must submit to the Zoning 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. The
following information shall be submitted in writing to the Zoning
Administrator for review and written approval:
(a) A specified time period for which the temporary use will
be permitted. Time specified may not exceed three
months, renewable up to one year;
(b) The name, address, and phone number of the
individual responsible for the removal of the temporary
structure;
(c) The time frame prior to the event at which a structure
Mebane UDO, Article 5 5-41
February 4, 2008; amended April 7, 2008; amended 07.11.16
will be removed (i.e., minimum of 72 hours before
landfall of a hurricane or immediately upon flood
warning notification);
(d) A copy of the contract or other suitable instrument with
the entity responsible for physical removal of the
structure; and
(e) Designation, accompanied by documentation, of a
location outside the Special Flood Hazard Area, to
which the temporary structure will be moved.
8. 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 (including working, sleeping, living, cooking
or restroom areas);
(b) Accessory structures shall not be temperature -
controlled;
(c) Accessory structures shall be designed to have low
flood damage potential;
(d) Accessory structures shall be constructed and placed
on the building site so as to offer the minimum
resistance to the flow of floodwaters;
(e) Accessory structures shall be firmly anchored in
accordance with Section 5-3.7, A, 1;
(f) All service facilities such as electrical shall be installed
in accordance with Section 5-3.7, A, 4; and
(g) Flood openings to facilitate automatic equalization of
hydrostatic flood forces shall be provided below
regulatory flood protection elevation in conformance
with Section 5-3.7, B, 4 (c).
An accessory structure with footprint less than 150 square feet,
or that is a minimal investment of $3,000 or less, and that
satisfies the criteria outlined above does not require an
elevation or floodproofing certificate. Elevation or floodproofing
certifications are required for all other accessory structures in
accordance with Section 5- 3.4, D.
9. Tanks
When gas and liquid storage tanks are to be placed within a
Special Flood Hazard Area, the following criteria shall be met:
Mebane UDO, Article 5 5-42
February 4, 2008; amended April 7, 2008; amended 07.11.16
(a) Underground Tanks in flood hazard areas shall be
anchored to prevent flotation, collapse or lateral
movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including
the effects of buoyancy assuming the tank is empty;
(b) Above -ground elevated tanks in flood hazard areas shall
be elevated to or above the Regulatory Flood
Protection Elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral
movement during conditions of the design flood. Tank -
supporting structures shall meet the foundation
requirements of the applicable flood hazard area;
(c) Above -ground not elevated tanks that do not meet the
elevation requirements of Section B (2) of this section
shall be permitted in flood hazard areas provided the
tanks are designed, constructed, installed, and
anchored to resist all flood -related and other loads,
including the effects of buoyancy, during conditions of
the design flood and without release of contents in the
floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and
anchored to resist the potential buoyant and other flood
forces acting on an empty tank during design flood
conditions.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets
and vents shall be:
(1) At or above the Regulatory Flood Protection
Elevation or fitted with covers designed to
prevent the inflow of floodwater or outflow of the
contents of the tanks during conditions of the
design flood; and
(2) Anchored to prevent lateral movement resulting
from hydrodynamic and hydrostatic loads,
including the effects of buoyancy, during
conditions of the design flood.
10. Other Development
(a) Fences in regulated floodways and NEAs that have the
potential to block the passage of floodwaters, such as
stockade fences and wire mesh fences, shall meet the
limitations of Section 5-3.7, E of this section.
(b) Retaining walls sidewalks and driveways in regulated
floodways and NEAs. Retaining walls and sidewalks
and driveways that involve the placement of fill in
regulated floodways shall meet the limitations of
Section 5-3.7, E of this section.
Mebane UDO, Article 5 5-43
February 4, 2008; amended April 7, 2008; amended 07.11.16
(c) Roads and watercourse crossings in regulated floodways
and NEAs. Roads and watercourse crossings,
including roads, bridges, culverts, low-water crossings
and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the
limitations of Section 5-3.7, E of this section.
C. Standards for Floodplains without Established Base Flood
Elevations
Within the Special Flood Hazard Areas designated as Approximate
Zone A and established in Section 5-3.3, B, where no Base Flood
Elevation (BFE) data has been provided by FEMA, the following
provisions, in addition to Sections 5-3.7, A and B, shall apply:
No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a
distance of twenty feet each side from top of bank or five 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 priorityorder:
(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 Section and shall be
elevated or floodproofed in accordance with standards
in Section 5-3.5, K and L.
(b) When floodway or non -encroachment data is available
from a Federal, State, or other source, all new
construction and substantial improvements within
floodway and non -encroachment areas shall also
comply with the requirements of Section 5-3.7 B and E.
(c) All subdivision, manufactured home park and other
development proposals shall provide Base Flood
Elevation (BFE) data if development is greater than five
acres or has more than fifty lots/manufactured home
sites. Such Base Flood Elevation (BFE) data shall be
adopted by reference per Section 5-3.3, B to be utilized
in implementing this Section.
(d) When Base Flood Elevation (BFE) data is not available
from a Federal, State, or other source as outlined
Mebane UDO, Article 5 5-44
February 4, 2008; amended April 7, 2008; amended 07.11.16
above, the reference level shall be elevated to or above
the regulatory flood protection elevation, as defined in
Section 5-3.2.
D. Standards for Riverine Floodplains with BFE but without
Established Floodways or Non -Encroachment Areas
Along rivers and streams where BFE data is provided but neither
floodway nor non -encroachment areas are identified for a Special
Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
Standards outlined in Section 5-3.7, A and B; and
2. Until a regulatory floodway or non -encroachment area is
designated, no encroachments, including fill, new construction,
substantial improvements, or other development, shall be
permitted unless certification with supporting technical data by
a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development,
will not increase the water surface elevation of the base flood
more than one foot at any point within the community.
E. Standards for Floodways and Non -Encroachment Areas
Areas designated as floodways or non -encroachment areas are located
within the Special Flood Hazard Areas established in Section 5-3.3, B.
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 provisions, in
addition to standards outlined in Section 5-3.7, A and B, shall apply to
all development within such areas:
No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has
been demonstrated that:
(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 Zoning
Administrator prior to issuance of a permit, or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved
by FEMA. A Letter of Map Revision (LOMR) must also be obtained
upon completion of the proposed encroachment.
2. If Section 5-3.7, E, 1 is satisfied, all development shall comply with all
applicable flood hazard reduction provisions of this Section.
3. No manufactured homes shall be permitted, except replacement
manufactured homes in an existing manufactured home park or
Mebane UDO, Article 5 5-45
February 4, 2008; amended April 7, 2008; amended 07.11.16
subdivision, provided the following provisions are met:
(a) The anchoring and the elevation standards of Section 5-3.7. B, 3;
and
(b) The no encroachment standard of Section 5-3.7, E, 1.
F. Standards for Areas of Shallow Flooding (Zone AO)
Located within the Special Flood Hazard Areas established in Section 5-3.3,
B, are areas designated as shallow flooding areas. These areas have
special flood hazards associated with base flood depths of one to three feet
where a clearly defined channel does not exist and where the path of
flooding is unpredictable and indeterminate. In addition to Section 5-3.7, A,
all new construction and substantial improvements shall meet the following
requirements:
The reference level shall be elevated at least as high as the depth number
specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard
of two feet, above the highest adjacent grade; or at least two feet above
the highest adjacent grade plus a freeboard of two feet if no depth number
is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the
same level as required in subsection 1 above so that the structure, together
with attendant utility and sanitary facilities, below that level shall be
watertight with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. Certification
is required as per Section 5-3.4, D and Section 5-3.7, B, 2.
3. Adequate drainage paths shall be provided around structures on slopes,
to guide floodwaters around and away from proposed structures.
G. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AH)
Located within the Special Flood Hazard Areas established in Article 3,
Section B, are areas designated as shallow flooding areas. These areas
are subject to inundation by 1-percent-annual-chance shallow flooding
(usually areas of ponding) where average depths are one (1) to three (3)
feet. Base Flood Elevations are derived from detailed hydraulic analyses
are shown in this zone.
In addition to Section 5-3.7, A and B, all new construction and substantial
improvements shall meet the following requirements:
Adequate drainage paths shall be provided around structures on slopes,
to guide floodwaters around and away from proposed structures.
5-3.8 Effect upon Outstanding Permits
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a permit has
been granted by the Zoning Administrator or his or her authorized agents before
the time of passage of this Ordinance; provided, however, that when construction
Mebane UDO, Article 5 5-46
February 4, 2008; amended April 7, 2008; amended 07.11.16
is not begun under such outstanding permit within a period of six months
subsequent to the date of issuance of the outstanding permit, construction or use
shall be in conformity with the provisions of this Ordinance.
5-4 Stormwater Management
The general standards contained in this Section shall apply throughout the planning
jurisdiction. However, developments located within watershed protection overlay
districts shall comply with the applicable additional stormwater management
requirements of Section 5-2. All residential development disturbing one acre or more
and all nonresidential development disturbing one-half acre or more shall prepare
stormwater management plans in accordance with subsection F below.
A. Natural Drainage System Utilized to Extent Feasible
To the extent practicable, all development shall conform to the natural
contours of the land and natural and pre-existing man-made drainage
ways shall remain undisturbed.
2. To the extent practicable, lot boundaries shall be made to coincide with
natural and pre-existing man-made drainage ways within subdivisions to
avoid the creation of lots that can be built upon only by altering such
drainage ways.
B. Developments Must Drain Properly
All developments shall be provided with a drainage system that is
adequate to prevent the undue retention of surface water on the
development site. Surface water shall not be regarded as unduly
retained if:
(a) The retention results from a technique, practice or device
deliberately installed as part of an approved sedimentation or
stormwater runoff control plan; or
(b) The retention is not substantially different in location or degree
than that experienced by the development site in its pre -
development stage, unless such retention presents a danger to
health or safety.
2. No surface water may be channeled or directed into a sanitary sewer.
3. Whenever practicable, the drainage system of a development shall
coordinate with and connect to the drainage systems or drainage ways
on surrounding properties or streets.
4. All developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface waters as a
result of such developments. More specifically:
(a) No development may be constructed or maintained so that such
development unreasonably impedes the natural flow of water from
higher adjacent properties across such development, thereby
Mebane UDO, Article 5 5-47
February 4, 2008; amended April 7, 2008; amended 07.11.16
shall comply with the requirements of Section 5-2, E, 5 (b) and
Section 5-2, E, 6. Recorded deed restrictions shall be required to
ensure management and maintenance consistent with approved
stormwater management plans. The operation and maintenance
agreement shall require the owner of each stormwater control
structure to submit a maintenance inspection report on each
stormwater control structure annually to the Zoning Administrator.
7. All engineered stormwater control structures shall be designed by
a North Carolina registered professional with qualifications
appropriate for the type of system required; these registered
professionals are defined as professional engineers, landscape
architects, to the extent that the General Statutes, Chapter 89A
allow, and land surveyors, to the extent that the design represents
incidental drainage within a subdivision, as provided in General
Statutes 89(C)-3(7).
8. All new stormwater control structures shall be conditioned on the
posting, in accordance with provisions of Section 5-2, E, 6, of
adequate financial assurance for the purpose of maintenance,
repairs or reconstruction necessary for adequate performance of
the stormwater control structures.
9. The storm drainage system shall follow existing topography as
nearly as practical, shall divert stormwater away from surface
waters, and shall incorporate stormwater Best Management
Practices to minimize adverse water quality impacts. The banks
of ditches shall be immediately seeded upon grading and
installation of utilities and the ditch itself shall be improved with
appropriate vegetative cover to retard erosion.
10. No surface water shall be channeled into a sanitary sewer.
5-5 Soil Erosion and Sedimentation Control
A. No final site plan approval and no final plat approval for subdivisions may
be given with respect to any development that would cause land
disturbing activity requiring prior approval of an erosion and
sedimentation control plan by the Land Quality Section, Division of Land
Resources, NC Department of Environment and Natural Resources under
NCGS 113A-57(4) unless the Land Quality Section has certified to the
City, either that:
An erosion control plan has been submitted to and approved by
the Land Quality Section; or
2. The Land Quality Section has examined the preliminary plans for
the development and it reasonably appears that an erosion control
plan can be approved upon submission by the developer of more
detailed construction or design drawings. However, in this case,
construction of the development may not begin (and no building
permits may be issued) until the Land Quality Section approves the
erosion control plan.
Mebane UDO, Article 5 5-50
February 4, 2008; amended April 7, 2008; amended 07.11.16
B. For purposes of this Section, `land disturbing activity' means any use of
the land by any person in residential, industrial, educational, institutional
or commercial development, highway and street construction and
maintenance that results in a change in the natural cover or topography
and that may cause or contribute to sedimentation except activities that
are exempt under NCGS 113A-52(6)). Sedimentation occurs whenever
solid particulate matter, mineral or organic, is transported by water, air,
gravity, or ice from the site of its origin.
5-6 Highway Corridor Overlay District Requirements
The Highway Corridor Overlay (HCO) District, as described in Section 3-1, C., is
established to provide specific appearance and operational standards for
specifically designated highway corridors while accommodating development
along the corridors. All uses, with the exception of single-family detached
dwellings and two-family dwellings located on their own separate lots unless
specifically provided for herein, proposed to be located in the Highway Corridor
Overlay District are subject to the additional requirements of this Section. All
buildings, parking and loading areas, or open uses of land which are expanded in
excess of 3,000 square feet of their gross square footage after the effective date
of this Ordinance are subject to the requirements of this Section. All other
requirements of the underlying zoning districts shall also apply, with the more
stringent regulations prevailing when standards conflict.
A. Procedures
The applicant shall submit a site plan of the parcel and the proposed
use to the Zoning Administrator. The City Council shall review the
site plan in accordance with the provisions of this Section. Approval
of the site plan and the proposed uses by the City Council
authorizes the issuance of a zoning permit or special use permit.
2. Permits are issued at each phase of development and only in
accordance with the approved site plan.
3. If a site plan was approved and a use permit was issued for the
development of a lot or lots, no subsequent change or expansion
which was not shown on the site plan shall be allowed unless also
approved by the City Council.
B. General Standards Applicable to All Highway Corridor Overlay
Districts
Site development plan:
(a) A site plan shall be prepared to provide a complete and
accurate description of the proposed use; building footprint
of existing and proposed structures; proposed landscaping
and buffering areas; proposed points of ingress and egress;
proposed pedestrian facilities, parking, loading, and trash
Mebane UDO, Article 5 5-51
February 4, 2008; amended April 7, 2008; amended 07.11.16
Riparian Buffer Protection Ordinance
City of Mebane, North Carolina
Approved November 1, 2010
Revised — July 11, 2016
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TABLE OF CONTENTS
Section1. Authority............................................................................................................ 1
Section2. Purpose and Intent.............................................................................................. 1
Section3. Title.................................................................................................................... 1
Section4. Jurisdiction......................................................................................................... 1
Section5. Applicability....................................................................................................... 1
Section 6. Relation to Other Ordinances............................................................................. 1
Section 7. Riparian Area Protection within the Jordan Reservoir Watershed ..................... 2
A. Buffers Protected................................................................................................ 2
B. Exemption Based on On —site Determination...................................................... 3
C. Exemption when Existing Uses are Present and Ongoing .................................. 3
D. Zones of the Riparian Buffer.............................................................................. 4
E. Diffuse Flow Requirements................................................................................ 5
Section 8. Potential Uses and Associated Requirements.................................................... 5
A. Approval for New Development......................................................................... 5
B. Table of Uses....................................................................................................... 6
C. Requirements for Categories of Uses............................................................... 19
Section 9. Permits Procedures, Requirements, and Approvals ......................................... 20
A. Determination of No Practical Alternatives / Request for Authorization
Certificate.......................................................................................................... 20
B. Variances........................................................................................................... 21
C. Mitigation..........................................................................................................22
Section 10. Compliance and Enforcement........................................................................ 27
A. Site Inspections................................................................................................. 27
B. Civil Penalties................................................................................................... 28
C. Criminal Penalties.............................................................................................
29
D. Injunctive Relief................................................................................................
29
Section11. Severability....................................................................................................
30
Section 12. Effective Date................................................................................................
30
Section 13. Revisions to this Ordinance...........................................................................
30
Section14. Definitions......................................................................................................
30
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Section 1. Authority
This Ordinance is adopted pursuant to the authority vested in the City of Mebane by the
Session Laws and the General Statutes of North Carolina, particularly Session Law 2009-
216 (House Bill 239), Session Law 2009-484 (Senate Bill 838), N.0 Gen. Stat § 153A-
121, 153A-140, Chapter 153A, Article 18, N.C. Gen. Stat § 160A-174, 160A-193,
Chapter 160A, Article 19, and any special legislation enacted by the General Assembly
for the City of Mebane.
Section 2. Purpose and Intent
The purposes of the City of Mebane in adopting the following Ordinance is to protect and
preserve existing riparian buffers throughout the Jordan Watershed as generally described
in Rule 15A NCAC 02B .0262 (Jordan Water Supply Nutrient Strategy: Purpose and
Scope), in order to maintain their nutrient removal and stream protection functions.
Additionally this Ordinance will help protect the water supply uses of Jordan Reservoir
and of designated water supplies throughout the Jordan watershed.
Buffers adjacent to streams provide multiple environmental protection and resource
management benefits. Forested buffers enhance and protect the natural ecology of stream
systems, as well as water quality through bank stabilization, shading, and nutrient
removal. They also help to minimize flood damage in flood prone areas. Well -vegetated
streamside riparian areas help to remove nitrogen and prevent sediment and sediment -
bound pollutants such as phosphorous from reaching the streams.
Section 3. Title
This Ordinance shall be known as the City of Mebane Riparian Buffer Protection
Ordinance.
Section 4. Jurisdiction
This Ordinance shall be applied to all land in the planning jurisdiction of the City of
Mebane.
Section 5. Applicability
This Ordinance applies to all landowners and other persons conducting activities in the
area described in Section 4, with the exception of activities conducted under the authority
of the State, the United States, multiple jurisdictions, or local units of government, and
forest harvesting and agricultural activities. The NC Division of Water Quality shall
administer the requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan Water
Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of
Existing Riparian Buffers, respectively) for these activities.
Section 6. Relation to Other Ordinances
The requirements of this Ordinance shall supersede all locally implemented buffer
requirements stated in Rules 15A NCAC 02B .0214 through .0216 as applied to WS-II,
WS-III, and WS-IV waters in the Jordan watershed. If the provisions of this ordinance
otherwise conflict with the provisions of any other validly enforceable ordinance(s) or
laws, the most stringent provisions shall control. This Ordinance is not intended to
1/33
interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision
of law.
Section 7. Riparian Area Protection within the Jordan Reservoir Watershed
A. Buffers Protected
The following minimum criteria shall be used for identifying regulated
buffers:
1. This Ordinance shall apply to activities conducted within, or outside of
with hydrologic impacts in violation of the diffuse flow requirements
set out in Section 7.(E) upon, 50-foot wide riparian buffers directly
adjacent to surface waters in the Jordan watershed (intermittent
streams, perennial streams, lakes, reservoirs and ponds), excluding
wetlands.
2. Wetlands adjacent to surface waters or within 50 feet of surface waters
shall be considered as part of the riparian buffer but are regulated
pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC
2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the
Federal Water Pollution Control Act.
3. For the purpose of this Ordinance, a surface water is defined as being
present if the feature is approximately shown on any of the following:
a. The most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States
Department of Agriculture.
b. The most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States
Geologic Survey (USGS).
c. A map approved by the Geographic Information Coordinating
Council and by the NC Environmental Management Commission.
Prior to approving a map under this Item, the Commission shall
provide a 30-day public notice and opportunity for comment.
Alternative maps approved by the Commission shall not be used
for buffer delineation on projects that are existing and ongoing
within the meaning of Section 7.(C) of this Ordinance.
4. Where the specific origination point of a stream regulated under this
Item is in question, upon request of the NC Division of Water Quality
or another party, the City of Mebane shall make an on -site
determination. A City of Mebane representative who has successfully
completed the Division's Surface Water Identification Training
Certification course, its successor, or other equivalent training
curriculum approved by the Division, shall establish that point using
the latest version of the Division publication, Identification Methods
for the Origins of Intermittent and Perennial Streams, available at
hqp://h2o.enr.state.nc.us/ncwetlands/documents/
NC_ Stream_ ID_Manual.pdf or from the NC Division of Water Quality
- 401 Oversight Express Permitting Unit, or its successor. The City of
Mebane may accept the results of a site assessment made by another
party who meets these criteria. Any disputes over on -site
determinations made according to this Item shall be referred to the
2/33
Director of the Division of Water Quality c/o the 401 Oversight
Express Permitting Unit, or its successor, in writing. The Director's
determination is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
5. Riparian buffers protected by this Ordinance shall be measured
pursuant to Section 7.(D) of this Ordinance.
6. Parties subject to this Ordinance shall abide by all State rules and laws
regarding waters of the state including but not limited to Rules 15A
NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A NCAC
2H .1300, and Sections 401 and 404 of the Federal Water Pollution
Control Act.
7. No new clearing, grading, or development shall take place nor shall
any new building permits be issued in violation of this Ordinance.
B. Exemption Based on On —site Determination
When a landowner or other affected party including the Division believes that
the maps have inaccurately depicted surface waters, he or she shall consult the
City of Mebane. Upon request, a City of Mebane representative who has
successfully completed the Division of Water Quality's Surface Water
Identification Training Certification course, its successor, or other equivalent
training curriculum approved by the Division, shall make an on -site
determination. The City of Mebane may also accept the results of site
assessments made by other parties who have successfully completed such
training. Any disputes over on -site determinations shall be referred to the
Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor, in writing. A determination of the Director
as to the accuracy or application of the maps is subject to review as provided
in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
not be subject to these buffer requirements if a site evaluation reveals any of
the following cases:
1. Man-made ponds and lakes that are not part of a natural drainage way
that is classified in accordance with 15A NCAC 2B .0100, including
ponds and lakes created for animal watering, irrigation, or other
agricultural uses. (A pond or lake is part of a natural drainage way
when it is fed by an intermittent or perennial stream or when it has a
direct discharge point to an intermittent or perennial stream.)
2. Ephemeral streams.
3. The absence on the ground of a corresponding intermittent or perennial
stream, lake, reservoir, or pond.
4. Ditches or other man-made water conveyances, other than modified
natural streams.
C. Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing; however,
this Ordinance shall apply at the time an existing, ongoing use is changed to
another use. Change of use shall involve the initiation of any activity that
does not meet either of the following criteria for existing, ongoing activity:
1. It was present within the riparian buffer as of the effective date of this
Ordinance and has continued to exist since that time. Existing uses
shall include agriculture, buildings, industrial facilities, commercial
3/33
areas, transportation facilities, maintained lawns, utility lines and on -
site sanitary sewage systems, any of which involve either specific,
periodic management of vegetation or displacement of vegetation by
structures or regular activity. Only the portion of the riparian buffer
occupied by the footprint of the existing use is exempt from this
Ordinance. Change of ownership through purchase or inheritance is
not a change of use. Activities necessary to maintain uses are allowed
provided that the site remains similarly vegetated, no impervious
surface is added within 50 feet of the surface water where it did not
previously exist as of the effective date of this Ordinance, and existing
diffuse flow is maintained. Grading and revegetating Zone Two is
allowed provided that the health of the vegetation in Zone One is not
compromised, the ground is stabilized and existing diffuse flow is
maintained.
2. Projects or proposed development that are determined by the City of
Mebane to meet at least one of the following criteria:
a. Project requires a 401 Certification/404 Permit and these were
issued prior to the effective date this Ordinance, and prior to the
effective date of this Ordinance.
b. Projects that require a state permit, such as landfills, NPDES
wastewater discharges, land application of residuals and road
construction activities, have begun construction or are under
contract to begin construction and had received all required state
permits and certifications prior to the effective date of this
Ordinance;
c. Projects that are being reviewed through the Clean Water Act
Section 404/National Environmental Policy Act Merger 01 Process
(published by the US Army Corps of Engineers and Federal
Highway Administration, 2003) or its immediate successor and
that have reached agreement with DENR on avoidance and
minimization by the effective date of this Ordinance; or
d. Projects that are not required to be reviewed by the Clean Water
Act Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate successor
if a Finding of No Significant Impact has been issued for the
project and the project has the written approval of the City of
Mebane prior to the effective date of this Ordinance.
e. Projects that have a vested right per North Carolina General
Statutes § 160A-385.1.
D. Zones of the Riparian Buffer
The protected riparian buffer shall have two zones as follows:
1. Zone One shall consist of a vegetated area that is undisturbed except
for uses provided for in the Table of Uses, Section 8.(B) of this
Ordinance. The location of Zone One shall be as follows:
a. For intermittent and perennial streams, Zone One shall begin at the
top of the bank and extend landward a distance of 30 feet on all
4/33
sides of the surface water, measured horizontally on a line
perpendicular to a vertical line marking the top of the bank.
b. For ponds, lakes and reservoirs located within a natural drainage
way, Zone One shall begin at the normal water level and extend
landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vertical line marking the normal water level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in the Table of Uses, Section 8.(B) of this
Ordinance. Grading and revegetating in Zone Two is allowed provided
that the health of the vegetation in Zone One is not compromised.
Zone Two shall begin at the outer edge of Zone One and extend
landward 20 feet as measured horizontally on a line perpendicular to
the surface water. The combined width of Zones One and Two shall be
50 feet on all sides of the surface water.
E. Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow prior to its entry into the buffer and reestablishing
vegetation as follows:
1. Concentrated runoff from new ditches or man-made conveyances shall
be converted to diffuse flow at non -erosive velocities before the runoff
enters Zone Two of the riparian buffer;
2. Periodic corrective action to restore diffuse flow shall be taken as
necessary and shall be designed to impede the formation of erosion
gullies; and
3. As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones
of the Riparian Buffer and Table of Uses respectively, no new
stormwater conveyances are allowed through the buffers except for
those specified in the Table of Uses, Section 8.(B) of this Ordinance,
addressing stormwater management ponds, drainage ditches, roadside
ditches, and stormwater conveyances.
Section 8. Potential Uses and Associated Requirements
A. Approval for New Development
City of Mebane shall issue an approval for new development only if the
development application proposes to avoid impacts to riparian buffers defined
in Section 7.(A) of this Ordinance, or where the application proposes to
impact such buffers, it demonstrates that the applicant has done the following,
as applicable:
1. Determined the activity is exempt from requirements of this
Ordinance;
2. Received an Authorization Certificate from the City of Mebane
pursuant to Section 9.A of this Ordinance;
3. For uses designated as Allowable with Mitigation in the Table of Uses
in Section 8.(B), received approval of mitigation plan pursuant to
Section 9.(C) of this Ordinance; and
4. Received a variance pursuant to Section 9.(B).
5/33
B. Table of Uses
The following chart sets out potential new uses within the buffer, or outside
the buffer with impacts on the buffer, and categorizes them as exempt,
allowable, or allowable with mitigation. All uses not categorized as exempt,
allowable, or allowable with mitigation are considered prohibited and may not
proceed within the riparian buffer or outside the buffer if the use would impact
the buffer, unless a variance is granted pursuant to Section 9.(C) of this
Ordinance, Variances. The requirements for each category are given in Section
8.(C) of this Section following the Table of Uses.
6/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
• Pedestrian access trails that are restricted to the
X
minimum width practicable and do not exceed 4 feet in
width of buffer disturbance, and provided that
installation and use does not result in removal of trees
as defined in this Ordinance and no impervious surface
is added to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of
X
buffer disturbance, the installation or use results in
removal of trees as defined in this Ordinance or
impervious surface is added to the riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150
X
linear feet or one-third of an acre of riparian buffer
• Airport facilities that impact greater than 150 linear
X
feet or one-third of an acre of riparian buffer
• Activities necessary to comply with FAA requirements
X
(e.g. radar uses or landing strips)'
Archaeological activities
X
Bridges
X
Canoe Access provided that installation and use does not
X
result in removal of trees as defined in this Ordinance
and no impervious surface is added to the buffer.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
7/33
Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Dam maintenance activities:
• Dam maintenance activities that do not cause
X
additional buffer disturbance beyond the footprint of
the existing dam or those covered under the U.S. Army
Corps of Engineers Nationwide Permit No. 3
• Dam maintenance activities that do cause additional
X
buffer disturbance beyond the footprint of the existing
dam or those not covered under the U.S. Army Corps
of Engineers Nationwide Permit No.3
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
8/33
Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
• New stormwater flows to existing drainage ditches,
X
roadside ditches, and stormwater conveyances
provided flows do not alter or result in the need to alter
the conveyance and are managed to minimize the
sediment, nutrients and other pollution that convey to
waterbodies.
• Realignment of existing roadside drainage ditches
X
retaining the design dimensions, provided that no
additional travel lanes are added and the minimum
required roadway typical section is used based on
traffic and safety considerations.
• New or altered drainage ditches, roadside ditches and
X
stormwater outfalls provided that a stormwater
management facility is installed to control nutrients
and attenuate flow before the conveyance discharges
through the riparian buffer
• New drainage ditches, roadside ditches and
X
stormwater conveyances applicable to linear projects
that do not provide a stormwater management facility
due to topography constraints provided that other
practicable BMPs are employed.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
9/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Driveway crossings of streams and other surface waters
subject to this Ordinance:
• Driveway crossings on single family residential lots
X
that disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
• Driveway crossings on single family residential lots
X
that disturb greater than 25 linear feet or 2,500 square
feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or
X
less than 150 linear feet or one-third of an acre of
riparian buffer
• In a subdivision that cumulatively disturb greater than
X
150 linear feet or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or
X
other surface waters subject to this Ordinance
Fences:
• Fences provided that disturbance is minimized and
X
installation does not result in removal of trees as
defined in this Ordinance
• Fences provided that disturbance is minimized and
X
installation results in removal of trees as defined in this
Ordinance
Fertilizer application: one-time application to establish
X
vegetation
Grading and revegetation in Zone Two provided that
X
diffuse flow and the health of existing vegetation in Zone
One is not compromised and disturbed areas are
stabilized until they are revegetated.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
10/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Greenway / hiking trails designed, constructed and
X
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
Historic preservation
X
Maintenance access on modified natural streams: a
X
grassed travel way on one side of the water body when
less impacting alternatives are not practical. The width
and specifications of the travel way shall be only that
needed for equipment access and operation. The travel
way shall be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act
X
provided that new riparian buffers that meet the
requirements of Sections 7.(D) and 7.(E) of this
Ordinance are established adjacent to the relocated
channels
• Mining activities that are not covered by the Mining
X
Act OR where new riparian buffers that meet the
requirements of Sections 7.(D) and 7.(E) of this
Ordinance are not established adjacent to the relocated
channels
• Wastewater or mining dewatering wells with approved
X
NPDES permit
Playground equipment:
• Playground equipment on single family lots provided
X
that installation and use does not result in removal of
vegetation
• Playground equipment installed on lands other than
X
single-family lots or that requires removal of
vegetation
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
11/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Ponds created by impounding streams and not used as
stormwater BMPs:
• New ponds provided that a riparian buffer that meets
X
the requirements of Sections 7.(D) and 7.(E) of this
Ordinance is established adjacent to the pond
• New ponds where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is NOT established adjacent to the pond
Protection of existing structures, facilities and stream
X
banks when this requires additional disturbance of the
riparian buffer or the stream channel
Railroad impacts other than crossings of streams and
X
other surface waters subject to this Ordinance.
Railroad crossings of streams and other surface waters
subject to this Ordinance:
• Railroad crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear
X
feet but equal to or less than 150 linear feet or one-
third of an acre of riparian buffer
• Railroad crossings that impact greater than 150 linear
X
feet or one-third of an acre of riparian buffer
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
12/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Recreational and accessory structures in Zone Two:
• Sheds and gazebos in Zone Two, provided they are not
prohibited under local water supply ordinance:
o Total footprint less than or equal to 150 square
X
feet per lot.
o Total footprint greater than 150 square feet per lot.
X
• Wooden slatted decks and associated steps, provided
the use meets the requirements of Sections 7.(D) and
7.(E) of this Ordinance:
o Deck at least eight feet in height and no
X
vegetation removed from Zone One.
o Deck less than eight feet in height or vegetation
X
removed from Zone One.
Removal of previous fill or debris provided that diffuse
X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other
X
surface waters subject to this Ordinance
Road crossings of streams and other surface waters
subject to this Ordinance:
• Road crossings that impact equal to or less than 40
X
linear feet of riparian buffer
• Road crossings that impact greater than 40 linear feet
X
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
• Road crossings that impact greater than 150 linear feet
X
or one-third of an acre of riparian buffer
• To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this
Ordinance
13/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Road relocation: Relocation of existing private access
roads associated with public road projects where
necessary for public safety:
• Less than or equal to 2,500 square feet of buffer
X
impact
• Greater than 2,500 square feet of buffer impact
X
Stormwater BMPs:
• Wet detention, bioretention, and constructed wetlands
X
in Zone Two if diffuse flow of discharge is provided
into Zone One
• Wet detention, bioretention, and constructed wetlands
X
in Zone One
Scientific studies and stream gauging
X
Streambank or shoreline stabilization
X
Temporary roads, provided that the disturbed area is
restored to pre -construction topographic and hydrologic
conditions immediately after construction is complete
and replanted immediately with comparable vegetation,
except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used
to establish vegetation: At the end of five years the
restored buffer shall comply with the restoration criteria
in Section 9.(C)(7) of this Ordinance:
• Less than or equal to 2,500 square feet of buffer
X
disturbance
• Greater than 2,500 square feet of buffer disturbance
X
• Associated with culvert installation or bridge
X
construction or replacement.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
14/33
Use
Exempt
*
Allowable
*
Allowable
with
Mitigation*
Temporary sediment and erosion control devices,
provided that the disturbed area is restored to pre -
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish
vegetation. At the end of five years the restored buffer
shall comply with the restoration criteria in Section
9.(C)(7) of this Ordinance:
• In Zone Two provided ground cover is established
X
within timeframes required by the Sedimentation and
Erosion Control Act, vegetation in Zone One is not
compromised, and runoff is released as diffuse flow in
accordance with Section 7.(E) of this Ordinance.
• In Zones one and two to control impacts associated
X
with uses approved by the City of Mebane or that have
received a variance, provided that sediment and
erosion control for upland areas is addressed, to the
maximum extent practical, outside the buffer.
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the Federal
Water Pollution Control Act.
• In -stream temporary erosion and sediment control
X
measures for work within a stream channel.
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Ordinance 2°3,5:
• Disturb equal to or less than 150 linear feet of riparian
X
buffer
• Disturb greater than 150 linear feet of riparian buffer
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
15/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Utility, electric, aerial, other than perpendicular
crossings 5:
• Impacts in Zone Two
X
• Impacts in Zone One','
X
Utility, electric, underground, perpendicular
crossings',4,':
• Disturb less than or equal to 40 linear feet of riparian
X
buffer
• Disturb greater than 40 linear feet of riparian buffer
X
Utility, electric, underground, other than perpendicular
crossings 4:
• Impacts in Zone Two
X
• Impacts in Zone One'
X
Utility, non -electric, perpendicular crossings of streams
and other surface waters subject to this Ordinance',': ❑
• Disturb equal to or less than 40 linear feet of riparian
X
buffer with a maintenance corridor equal to or less than
10 feet in width
• Disturb equal to or less than 40 linear feet of riparian
X
buffer with a maintenance corridor greater than 10 feet
in width
• Disturb greater than 40 linear feet but equal to or less
X
than 150 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
• Disturb greater than 40 linear feet but equal to or less
X
than 150 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
• Disturb greater than 150 linear feet of riparian buffer
X
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
16/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Utility, non -electric, other than perpendicular
crossings 4.5:
• Impacts in Zone Two
X
• Impacts in Zone One'
X
Vegetation management:
• Emergency fire control measures provided that
X
topography is restored
• Mowing or harvesting of plant products in Zone Two
X
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and
X
function of the forest vegetation is not compromised
• Removal of individual trees that are in danger of
X
causing damage to dwellings, other structures or
human life, or are imminently endangering stability of
the streambank.
• Removal of individual trees which are dead, diseased
X
or damaged.
• Removal of poison ivy
X
• Removal of invasive exotic vegetation as defined in:
X
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept.
of Environment and Natural Resources. Division of Parks
and Recreation. Raleigh, NC. Guideline #30
• Vehicular access roads leading to water -dependent
X
structures as defined in 15A NCAC 02B .0202,
provided they do not cross the surface water and have
minimum practicable width not exceeding ten feet.
• Water dependent structures as defined in 15ANCAC
X
02B .0202 where installation and use result in
disturbance to riparian buffers.
* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
17/33
Allowable
Exempt
Allowable
Use
with
*
*
Mitigation*
Water supply reservoirs:
• New reservoirs where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is established adjacent to the reservoir
• New reservoirs where a riparian buffer that meets the
X
requirements of Sections 7.(D) and 7.(E) of this
Ordinance is not established adjacent to the reservoir
Water wells
• Single family residential water wells
X
• All other water wells
X
Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
• Wetland, stream and buffer restoration that requires
X
NC Division of Water Quality approval for the use of a
401 Water Quality Certification
• Wetland, stream and buffer restoration that does not
X
require Division of Water Quality approval for the use
of a 401 Water Quality Certification
Wildlife passage structures
X
Piping of a stream under a permit issued by the
US Army Corps of Engineers
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native
vegetation.
• Zones one and two meet the requirements of Sections 7.(D) and 7.(E)
'Provided that, in Zone One, all of the following BMPs for overhead utility lines are
used. If all of these BMPs are not used, then the overhead utility lines shall require a no
practical alternative evaluation by the City of Mebane, as defined in Section 9.(A).
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be
managed such that only vegetation that poses a hazard or has the potential to grow
tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil.
Stumps shall remain where trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
18/33
• No fertilizer shall be used other than a one-time application to re-establish
vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of
the disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water
body unless the City of Mebane completes a no practical alternative evaluation as defined
in Section 9.(A).
'Provided that, in Zone One, all of the following BMPs for underground utility lines are
used. If all of these BMPs are not used, then the underground utility line shall require a
no practical alternative evaluation by the City of Mebane, as defined in Section 9.(A).
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil.
Stumps shall remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately
following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish
vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of
the disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine
maintenance to ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Perpendicular crossings are those that intersect the surface water at an angle between 75
degrees and 105 degrees.
C. Requirements for Categories of Uses
Uses designated in Section 8.(B) of this Section as exempt, allowable, and
allowable with mitigation within a riparian buffer shall have the following
requirements:
1. Exempt.
Uses designated as exempt are permissible without authorization by
the City of Mebane provided that they adhere to the limitations of the
activity as defined in Section 8.(B) of this Section, the Table of Uses.
In addition, exempt uses shall be designed, constructed and maintained
to minimize soil disturbance and to provide the maximum water
quality protection practicable, including construction, monitoring, and
maintenance activities.
2. Allowable.
Uses designated as allowable may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 9.(A) of
this Section. This includes construction, monitoring, and maintenance
activities. These uses require written authorization from the City of
Mebane.
3. Allowable with Mitigation.
19/33
Uses designated as allowable with mitigation may proceed provided
that there are no practical alternatives to the requested use pursuant to
Section 9.(A) of this Section and an appropriate mitigation strategy has
been approved pursuant to Section 9.(C). These uses require written
authorization from the City of Mebane.
Section 9. Permits Procedures, Requirements, and Approvals
A. Determination of No Practical Alternatives / Request for Authorization
Certificate
1. Persons who wish to undertake uses designated as allowable or
allowable with mitigation shall submit a request for a "no practical
alternatives" determination to the City of Mebane. The applicant shall
certify that the project meets all the following criteria for finding "no
practical alternatives":
a. The basic project purpose cannot be practically accomplished in a
manner that would better minimize disturbance, preserve aquatic
life and habitat, and protect water quality;
b. The use cannot practically be reduced in size or density,
reconfigured or redesigned to better minimize disturbance,
preserve aquatic life and habitat, and protect water quality; and
c. Best management practices shall be used if necessary to minimize
disturbance, preserve aquatic life and habitat, and protect water
quality.
2. The applicant shall also submit at least the following information in
support of their assertion of "no practical alternatives":
a. The name, address and phone number of the applicant;
b. The nature of the activity to be conducted by the applicant;
c. The location of the activity, including the jurisdiction;
d. A map of sufficient detail to accurately delineate the boundaries of
the land to be utilized in carrying out the activity, the location and
dimensions of any disturbance in riparian buffers associated with
the activity, and the extent of riparian buffers on the land;
e. An explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to better
minimize disturbance to the riparian buffer, preserve aquatic life
and habitat and protect water quality; and
f. Plans for any best management practices proposed to be used to
control the impacts associated with the activity.
3. Within 60 days of a submission that addresses Section 9.(A)(2) , the
City of Mebane shall review the entire project and make a finding of
fact as to whether the criteria in Section 9.(A)(1) of this Section have
been met. A finding of "no practical alternatives" shall result in
issuance of an Authorization Certificate. Failure to act within 60 days
shall be construed as a finding of "no practical alternatives" and an
Authorization Certificate shall be issued to the applicant unless one of
the following occurs:
a. The applicant agrees, in writing, to a longer period;
20/33
b. The City of Mebane determines that the applicant has failed to
furnish requested information necessary to the City of Mebane
decision;
c. The final decision is to be made pursuant to a public hearing; or
d. The applicant refuses access to its records or premises for the
purpose of gathering information necessary to the City of
Mebane's decision.
4. The City of Mebane may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of this Ordinance.
5. Any appeals of determinations regarding Authorization Certificates
shall be referred to the Director of the Division of Water Quality, c/o
the 401 Oversight Express Permitting Unit, or its successor. The
Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
B. Variances
1. Requirements for Variances.
Persons who wish to undertake prohibited uses may pursue a variance.
The City of Mebane may grant minor variances. For major variances,
the City of Mebane shall prepare preliminary findings and submit them
to the Division of Water Quality, 4 01 Oversight Express Permitting
Unit, or its successor for approval by the Environmental Management
Commission. The variance request procedure shall be as follows:
a. For any variance request, the City of Mebane shall make a finding
of fact as to whether there are practical difficulties or unnecessary
hardships that prevent compliance with the riparian buffer
protection requirements. A finding of practical difficulties or
unnecessary hardships shall require that the following conditions
are met:
i. If the applicant complies with the provisions of this
Ordinance, he/she can secure no reasonable return from,
nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from
the property shall not be considered adequate justification
for a variance. Moreover, the City of Mebane shall
consider whether the variance is the minimum possible
deviation from the terms of this Ordinance that shall make
reasonable use of the property possible;
ii. The hardship results from application of this Ordinance to
the property rather than from other factors such as deed
restrictions or other hardship;
iii. The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, such that
compliance with provisions of this ordinance would not
allow reasonable use of the property;
iv. The applicant did not cause the hardship by knowingly or
unknowingly violating this Ordinance;
21/33
v. The applicant did not purchase the property after the
effective date of this Ordinance, and then request a
variance; and
vi. The hardship is rare or unique to the applicant's property.
b. The variance is in harmony with the general purpose and intent of
the State's riparian buffer protection requirements and this
Ordinance and preserves its spirit; and
c. In granting the variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice
has been done.
2. Minor Variances
A minor variance request pertains to activities that will impact only
Zone Two of the riparian buffer. Minor variance requests shall be
reviewed and approved based on the criteria in Section 9.(A)(1)
through Section 9.(A)(3) by the City of Mebane pursuant to G.S.
153A-Article 18, or G.S. 160A-Article 19. The City of Mebane may
attach conditions to the variance approval that support the purpose,
spirit and intent of the riparian buffer protection program. Request for
appeals to decisions made by the City of Mebane shall be made in
writing to the Director of the Division of Water Quality c/o the 401
Oversight Express Permitting Unit, or its successor. The Director's
decision is subject to review as provided in G.S. 150B Articles 3 and 4.
3. Major Variances
A major variance request pertains to activities that will impact any
portion of Zone One or any portion of both Zones One and Two of the
riparian buffer. If the City of Mebane has determined that a major
variance request meets the requirements in Section 9.(B)(1)) through
8.(C)(3), then it shall prepare a preliminary finding and submit it to the
NC Environmental Management Commission c/o the Division of
Water Quality, 401 Oversight Express Permitting Unit, or its successor,
for approval. Within 90 days after receipt by the City of Mebane, the
Commission shall review preliminary findings on major variance
requests and take one of the following actions: approve, approve with
conditions and stipulations, or deny the request. Appeals from a
Commission decision on a major variance request are made on judicial
review to Superior Court.
C. Mitigation
1. This item shall apply to persons who wish to impact a riparian buffer
in the Jordan watershed when one of the following applies:
d. A person has received an Authorization Certificate pursuant to
Section 9.(A) of this Ordinance for a proposed use that is
designated as "allowable with mitigation;" or
e. A person has received a variance pursuant to Section 9.(B) of this
Ordinance and is required to perform mitigation as a condition of a
variance approval.
2. Issuance of the Mitigation Approval
The City of Mebane shall issue a mitigation approval upon
determining that a proposal meets the requirements set out in this
22/33
Ordinance. The approval shall identify at a minimum the option
chosen, the required and proposed areas, and either the mitigation
location or the offset payment amount as applicable.
3. Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following
options:
a. Payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B .0269 (Jordan
Water Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to
the NC Ecosystem Enhancement Program) contingent upon
acceptance of payments by the NC Ecosystem Enhancement
Program, or to a private mitigation bank that complies with
banking requirements of the US Army Corps of Engineers,
currently set out at
http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.
html or from the US Army Corps of Engineers, P.O. Box 1890,
Wilmington, NC, 28402-1890, and the applicable trading criteria in
Rule 15A NCAC 02B .0273;
b. Donation of real property or of an interest in real property pursuant
to Section 9.(C)(6) of this Ordinance; or
c. Restoration or enhancement of a non -forested riparian buffer
pursuant to the requirements of Section 9.(C)(7) of this Ordinance.
4. The Area of Mitigation
The City of Mebane shall determine the required area of mitigation,
which shall apply to all mitigation options identified in Section
9.(C)(3) of this Ordinance and as further specified in the requirements
for each option set out in this Section, according to the following:
a. The impacts in square feet to each zone of the riparian buffer shall
be determined by the City of Mebane by adding the following:
i. The area of the footprint of the use causing the impact to the
riparian buffer;
ii. The area of the boundary of any clearing and grading activities
within the riparian buffer necessary to accommodate the use;
and
iii. The area of any ongoing maintenance corridors within the
riparian buffer associated with the use.
b. The required area of mitigation shall be determined by applying
the following multipliers to the impacts determined in Section
9.(4)(a) of this Ordinance to each zone of the riparian buffer:
i. Impacts to Zone One of the riparian buffer shall be multiplied
by three;
ii. Impacts to Zone Two of the riparian buffer shall be multiplied
by one and one-half, and
iii. Impacts to wetlands within Zones One and Two of the riparian
buffer that are subject to mitigation under 15A NCAC 2H
.0506 shall comply with the mitigation ratios in 15A NCAC 2H
.0506.
5. The Location of Mitigation
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For any option chosen, the mitigation effort shall be located within the
same subwatershed of the Jordan watershed, as defined in 15A NCAC
0213.0262, and the same distance from the Jordan Reservoir as the
proposed impact, or closer to the Reservoir than the impact, and as
close to the location of the impact as feasible. Alternatively, the
applicant may propose mitigation anywhere within the same
subwatershed of the Jordan watershed, as defined in 15A NCAC
0213.0262, provided that the mitigation proposal accounts for
differences in delivery of nutrients to the affected arm of Jordan
Reservoir resulting from differences between the locations of the
buffer impact and mitigation. Additional location requirements for the
property donation option are enumerated in Section 9.(C)(6)(c)(i) of
this Ordinance.
6. Donation of Property
Persons who choose to satisfy their mitigation determination by
donating real property or an interest in real property shall meet the
following requirements:
a. The donation of real property interests may be used to either
partially or fully satisfy the payment of a compensatory mitigation
fee to the Riparian Buffer Restoration Fund pursuant to 15A
NCAC 02B .0269. The value of the property interest shall be
determined by an appraisal performed in accordance with Section
9.(C)(6)(d)(iv) of this Ordinance. The donation shall satisfy the
mitigation determination if the appraised value of the donated
property interest is equal to or greater than the required fee. If the
appraised value of the donated property interest is less than the
required fee calculated pursuant to 15A NCAC 02B .0269, the
applicant shall pay the remaining balance due.
b. The donation of conservation easements to satisfy compensatory
mitigation requirements shall be accepted only if the conservation
easement is granted in perpetuity.
c. Donation of real property interests to satisfy the mitigation
determination shall be accepted only if such property meets all of
the following requirements:
i. In addition to the location requirements of Section 9.(C)(5) of
this Ordinance, the property shall be located within an area that
is identified as a priority for restoration in, or is otherwise
consistent with the goals of, the Basinwide Wetlands and
Riparian Restoration Plan for the Cape Fear River Basin
developed by NC Division of Water Quality pursuant to G.S.
143-214.10;
ii. The property shall contain riparian buffers not currently
protected by the State's riparian buffer protection program that
are in need of restoration as defined in Section 9.(7)(d) of this
Ordinance;
iii. The restorable riparian buffer on the property shall have a
minimum length of 1000 linear feet along a surface water and a
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minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
iv. The size of the restorable riparian buffer on the property to be
donated shall equal or exceed the area of mitigation
responsibility determined pursuant to Section 9.(C)(4) of this
Ordinance;
v. Restoration shall not require removal of man-made structures
or infrastructure;
vi. The property shall be suitable to be successfully restored, based
on existing hydrology, soils, and vegetation;
vii. The estimated cost of restoring and maintaining the property
shall not exceed the value of the property minus site
identification and transaction costs;
viii. The property shall not contain any building, structure, object,
site, or district that is listed in the National Register of Historic
Places established pursuant to Public Law 89-665, 16 U.S.C.
470 as amended;
ix. The property shall not contain any hazardous substance or solid
waste;
x. The property shall not contain structures or materials that
present health or safety problems to the general public. If
wells, septic, water or sewer connections exist, they shall be
filled, remediated or closed at owner's expense in accordance
with state and local health and safety regulations;
xi. The property and adjacent properties shall not have prior,
current, and known future land use that would inhibit the
function of the restoration effort; and
xii. The property shall not have any encumbrances or conditions on
the transfer of the property interests.
d. At the expense of the applicant or donor, the following information
shall be submitted to the City of Mebane with any proposal for
donations or dedications of interest in real property:
i. Documentation that the property meets the requirements laid
out in Section 9.(C)(6)(c) of this Ordinance;
ii. US Geological Survey 1:24,000 (7.5 minute) scale topographic
map, county tax map, USDA Natural Resource Conservation
Service County Soil Survey Map, and county road map
showing the location of the property to be donated along with
information on existing site conditions, vegetation types,
presence of existing structures and easements;
iii. A current property survey performed in accordance with the
procedures of the North Carolina Department of
Administration, State Property Office as identified by the State
Board of Registration for Professional Engineers and Land
Surveyors in "Standards of Practice for Land Surveying in
North Carolina." Copies may be obtained from the North
Carolina State Board of Registration for Professional Engineers
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and Land Surveyors, 3620 Six Forks Road, Suite 300, Raleigh,
North Carolina 27609;
iv. A current appraisal of the value of the property performed in
accordance with the procedures of the North Carolina
Department of Administration, State Property Office as
identified by the Appraisal Board in the "Uniform Standards of
Professional North Carolina Appraisal Practice." Copies may
be obtained from the Appraisal Foundation, Publications
Department, P.O. Box 96734, Washington, D.C. 20090-6734;
and
v. A title certificate.
7. Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through
riparian buffer restoration or enhancement shall meet the following
requirements:
a. The applicant may restore or enhance a non -forested riparian
buffer if either of the following applies:
i. The area of riparian buffer restoration is equal to the required
area of mitigation determined pursuant to Section 9.(C)(4) of
this Ordinance; or
ii. The area of riparian buffer enhancement is three times larger
than the required area of mitigation determined pursuant to
Section 9.(C)(4) of this Ordinance;
b. The location of the riparian buffer restoration or enhancement shall
comply with the requirements in Section 9.(C)(5) of this
Ordinance;
c. The riparian buffer restoration or enhancement site shall have a
minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
d. Enhancement and restoration shall both have the objective of
establishing a forested riparian buffer according to the
requirements of this Item. Enhancement shall be distinguished
from restoration based on existing buffer conditions. Where
existing trees are sparse, that is greater than or equal to 100 trees
per acre but less than 200 trees per acre, a buffer may be enhanced.
Where existing woody vegetation is absent, that is less than 100
trees per acre, a buffer may be restored;
The applicant shall first receive an Authorization Certificate for the
proposed use according to the requirements of Section 9.(A) of this
Ordinance. After receiving this determination, the applicant shall
submit a restoration or enhancement plan for approval by the City
of Mebane. The restoration or enhancement plan shall contain the
following:
i. A map of the proposed restoration or enhancement site;
ii. A vegetation plan. The vegetation plan shall include a
minimum of at least two native hardwood tree species planted
at a density sufficient to provide 320 trees per acre at maturity;
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iii. A grading plan. The site shall be graded in a manner to ensure
diffuse flow through the riparian buffer;
iv. A fertilization plan; and
v. A schedule for implementation;
f. Within one year after the City of Mebane has approved the
restoration or enhancement plan, the applicant shall present proof
to the City of Mebane that the riparian buffer has been restored or
enhanced. If proof is not presented within this timeframe, then the
person shall be in violation of both the State's and the City of
Mebane riparian buffer protection program;
g. The mitigation area shall be placed under a perpetual conservation
easement that will provide for protection of the property's nutrient
removal functions; and
h. The applicant shall submit annual reports for a period of five years
after the restoration or enhancement showing that the trees planted
have survived and that diffuse flow through the riparian buffer has
been maintained. The applicant shall replace trees that do not
survive and restore diffuse flow if needed during that five-year
period.
Section 10. Compliance and Enforcement
A. Site Inspections
1. Agents, officials, or other qualified persons authorized by the City of
Mebane may periodically inspect riparian buffers to ensure compliance
with this ordinance.
2. Notice of the right to inspect shall be included in the letter of approval
of each variance and buffer authorization.
3. Authority to Enter Property and Conduct Investigations and
Inspections
Authorized agents, officials or other qualified persons shall have the
authority, upon presentation of proper credentials, to enter and inspect
at reasonable times any property, public or private, for the purpose of
investigating and inspecting the site of any riparian buffer. No person
shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the City of Mebane, while that person is
inspecting or attempting to inspect a riparian buffer nor shall any
person obstruct, hamper or interfere with any such representative while
in the process of carrying out their official duties. The City of Mebane
shall have the power to conduct such investigations as deemed
reasonably necessary to carry out the duties as prescribed in this
Ordinance.
4. Notice of Violation
a. If it is determined that a person has failed to comply with the
requirements of this Ordinance, or rules, or orders adopted or
issued pursuant to this Ordinance, a notice of violation shall be
served upon that person. The notice may be served by any means
authorized under G.S. lA-1, rule 4. In the event service cannot be
accomplished by registered or certified mail, it may be
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accomplished in any manner provided in rule (4)j of the North
Carolina Rules of Civil Procedure.
b. The notice shall specify the violation and inform the person of the
actions that need to be taken to comply with this Ordinance, or
rules or orders adopted pursuant to this Ordinance. The notice
shall direct the person to correct the violation within a specified
reasonable time. The notice shall inform the person that any
person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued
pursuant to this Ordinance is subject to the civil and criminal
penalties and other enforcement actions as provided in this
Ordinance.
5. Power to Require Statements
The City of Mebane shall also have the power to require written
statements, or the filing of reports under oath, with respect to pertinent
questions relating to land -disturbing activities.
B. Civil Penalties
1. Assessment of Penalties
Any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued
pursuant to this Ordinance shall be subject to a civil penalty. A civil
penalty for a violation may be assessed in an amount not to exceed ten
thousand dollars ($10,000) per day. If any violation for which a
penalty may be assessed is continuous, a civil penalty may be assessed
for each day of the violation in an amount not to exceed twenty-five
thousand dollars ($25,000) per day for as long as the violation occurs.
Each day of a continuing violation shall constitute a separate violation
under Section 10.(B)(1).
2. Notice of Civil Penalty Assessment
The governing body of the City of Mebane shall provide written notice
of the civil penalty amount and the basis for the assessment to the
person assessed. The notice of civil penalty assessment shall be served
by any means authorized under G.S. lA-1, Rule 4, and shall direct the
violator to either pay the assessment or contest the assessment, within
thirty (30) days after receipt of the notice of assessment by written
demand for a hearing.
3. Hearing
A hearing on the civil penalty shall be conducted by the City of
Mebane City Council within 30 days after the date the written demand
for the hearing is received by the City of Mebane City Council. The
board conducting the hearing shall make its recommendation to the
governing body of the City of Mebane within 30 days after the date of
the hearing.
4. Final Decision.
The governing body shall issue a final decision on the civil penalty
within 30 days of the recommended decision. A copy of the final
decision shall be served on the violator by any means authorized under
G.S. lA-1, Rule 4.
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5. Appeal of Final Decision.
Appeal form the final decision of the governing body shall be to the
Superior Court of the county in which the violation occurred. Any
appeal must be filed with thirty days of receipt of the final decision. A
copy of the appeal must be served on the (City manager/County
board/other appropriate person) by any means authorized under G.S.
IA-1, Rule 4.
6. Demand for Payment of Penalty
An assessment that is not contested is due when the violator is served
with a notice of assessment. The civil penalty must be paid within 30
days or the assessment, if not appealed, or within 30 days after the
conclusion of the administrative or judicial review of the assessment.
If payment is not received within 30 days after demand for payment is
made, the City of Mebane may institute a civil action to recover the
amount of the assessment. The civil action may be brought in the
Superior Court where the violation occurred, or the violator's
residence or principal place of business is located. Such civil actions
must be filed within three (3) years of the date the assessment was due.
7. Use of Penalties
[Civil penalties collected pursuant to this Ordinance shall be credited
to the general fund of the City of Mebane as nontax revenue.]
C. Criminal Penalties
1. A violation of the provisions of this Ordinance or a rule or order
adopted pursuant to this ordinance shall be punished as provided for in
the North Carolina General Statutes for the violation of local
ordinances. See. E.g., Section 14-4 of the North Carolina General
Statutes. Violation may also be punishable under the provisions of
Section 143-215.613 of the North Carolina General Statutes.
D. Injunctive Relief
1. Civil Action in Superior Court
Whenever the governing body of the City of Mebane has reasonable
cause to believe that any person is violating or threatening to violate
this Ordinance or any rule or order adopted or issued pursuant to this
Ordinance, it may, either before or after the institution of any other
action or proceeding authorized by this Ordinance, institute a civil
action in the name of the City of Mebane for injunctive relief to
restrain the violation or threatened violation. The action shall be
brought in the Superior Court of Alamance County.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or
is threatened, the court shall enter any order or judgment that is
necessary to abate the violation, to ensure that restoration is
performed, or to prevent the threatened violation. The institution of an
action for injunctive relief under this section shall not relieve any party
to the proceedings from any civil or criminal penalty prescribed for
violations of this Ordinance.
E. Compliance with Requirements
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Any person engaged in new activities as defined by this Ordinance who fails
to meet the requirements of this Ordinance shall be deemed in violation of this
Ordinance.
Section 11. Severability
If any one or more sections or portions thereof of this Ordinance are held to be invalid or
unenforceable, all other sections and portions thereof shall nevertheless continue in full
force and effect.
Section 12. Effective Date
This Ordinance will become effective upon approval by the NC Environmental
Management Commission and adoption by the City of Mebane City Council.
Section 13. Revisions to this Ordinance
The City of Mebane shall review any revisions to the Model Local Riparian Buffer
Protection Ordinance made by the Environmental Management Commission and, within
60 days of receipt of the recommended revisions, submit draft amendments to the
Commission for its consideration and comments. Within 90 days after receipt of the
Commissions' comments, the City of Mebane will incorporate amendments into this
ordinance.
Section 14. Definitions
For the purpose of this Ordinance, these terms shall be defined as follows:
A. `Access Trails' means pedestrian trails constructed of pervious or impervious
surfaces and related structures to access a surface water, including
boardwalks, steps, rails, and signage.
B. `Airport Facilities' means all properties, facilities, buildings, structures, and
activities that satisfy or otherwise fall within the scope of one or more of the
definitions or uses of the words or phrases `air navigation facility', `airport',
or `airport protection privileges' under G.S. 63-1; the definition of
`aeronautical facilities' in G.S. 63-79(1); the phrase `airport facilities' as used
in G.S. 159-48(b)(1); the phrase `aeronautical facilities' as defined in G.S.
159-81 and G.S. 159-97; and the phrase `airport facilities and improvements'
as used in Article V, Section 13, of the North Carolina Constitution, which
shall include, without limitation, any and all of the following: airports, airport
maintenance facilities, clear zones, drainage ditches, fields, hangars, landing
lighting, airport and airport -related offices, parking facilities, related
navigational and signal systems, runways, stormwater outfalls, terminals,
terminal shops, and all appurtenant areas used or suitable for airport buildings
or other airport facilities, and all appurtenant rights -of -way; restricted landing
areas; any structures, mechanisms, lights, beacons, marks, communicating
systems, or other instrumentalities or devices used or useful as an aid, or
constituting an advantage or convenience to the safe taking off, navigation,
and landing of aircraft, or the safe and efficient operation or maintenance of
an airport or restricted landing area; easements through, or interests in, air
space over land or water, interests in airport hazards outside the boundaries of
30/33
airports or restricted landing areas, and other protection privileges, the
acquisition or control of which is necessary to ensure safe approaches to the
landing areas of airports and restricted landing areas, and the safe and efficient
operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the
definition of `airport facilities':
1. Satellite parking facilities;
2. Retail and commercial development outside of the terminal area, such
as rental car facilities; and
3. Other secondary development, such as hotels, industrial facilities, free-
standing offices and other similar buildings, so long as these facilities
are not directly associated with the operation of the airport, and are not
operated by a unit of government or special governmental entity such
as an airport authority, in which case they are included in the
definition of `airport facilities'.
C. `Channel' means a natural water -carrying trough cut vertically into low areas
of the land surface by erosive action of concentrated flowing water or a ditch
or canal excavated for the flow of water.
D. `DBH' means diameter at breast height of a tree measured at 4.5 feet above
ground surface level.
E. `Development' means the same as defined in Rule 15A NCAC 2B .0202(23).
F. `Ditch or canal' means a man-made channel other than a modified natural
stream constructed for drainage purposes that is typically dug through inter -
stream divide areas. A ditch or canal may have flows that are perennial,
intermittent, or ephemeral and may exhibit hydrological and biological
characteristics similar to perennial or intermittent streams.
G. `Ephemeral stream' means a feature that carries only stormwater in direct
response to precipitation with water flowing only during and shortly after
large precipitation events. An ephemeral stream may or may not have a well-
defined channel, the aquatic bed is always above the water table, and
stormwater runoff is the primary source of water. An ephemeral stream
typically lacks the biological, hydrological, and physical characteristics
commonly associated with the continuous or intermittent conveyance of
water.
H. `Existing development' means development, other than that associated with
agricultural or forest management activities, that meets one of the following
criteria:
I. It either is built or has established a vested right based on statutory or
common law as interpreted by the courts, for projects that do not
require a state permit, as of the effective date of either local new
development stormwater programs implemented under Rule 15A
NCAC 2B .0265 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development) or, for projects requiring a state
permit, as of the applicable compliance date established in Rule 15A
NCAC 2B .0271 (Jordan Water Supply Nutrient Strategy: Stormwater
Management for New Development), Items (5) and (6); or
2. It occurs after the compliance date set out in Sub -Item (4)(d) of Rule
.0265 (Jordan Water Supply Nutrient Strategy: Stormwater
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Management for New Development) but does not result in a net
increase in built -upon area.
I. `Greenway / Hiking Trails' means pedestrian trails constructed of pervious or
impervious surfaces and related structures including but not limited to
boardwalks, steps, rails, and signage, and that generally run parallel to the
shoreline.
J. `High Value Tree' means a tree that meets or exceeds the following standards:
for pine species, 14-inch DBH or greater or 18-inch or greater stump
diameter; or for hardwoods and wetland species, 16-inch DBH or greater or
24-inch or greater stump diameter.
K. `Intermittent stream' means a well-defined channel that contains water for
only part of the year, typically during winter and spring when the aquatic bed
is below the water table. The flow may be heavily supplemented by
stormwater runoff. An intermittent stream often lacks the biological and
hydrological characteristics commonly associated with the continuous
conveyance of water.
L. `Jordan nutrient strategy' or `Jordan water supply nutrient strategy' means the
set of Rules 15A NCAC 2B .0262 through .0273 and .031 I (p).
M. `Jordan Reservoir' means the surface water impoundment operated by the US
Army Corps of Engineers and named B. Everett Jordan Reservoir, as further
delineated for purposes of the Jordan nutrient strategy in Rule 15A NCAC 2B
.0262(4).
N. `Jordan watershed' means all lands and waters draining to B. Everett Jordan
Reservoir.
O. New Development' means any development project that does not meet the
definition of existing development set out in this Ordinance.
P. "Perennial stream" means a well-defined channel that contains water year
round during a year of normal rainfall with the aquatic bed located below the
water table for most of the year. Groundwater is the primary source of water
for a perennial stream, but it also carries stormwater runoff. A perennial
stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of
water.
Q. "Perennial waterbody" means a natural or man-made basin, including lakes,
ponds, and reservoirs, that stores surface water permanently at depths
sufficient to preclude growth of rooted plants. For the purpose of the State's
riparian buffer protection program, the waterbody must be part of a natural
drainage way (i.e., connected by surface flow to a stream).
R. `Shoreline stabilization' is the in -place stabilization of an eroding shoreline.
Stabilization techniques which include "soft" methods or natural materials
(such as root wads, or rock vanes) may be considered as part of a restoration
design. However, stabilization techniques that consist primarily of "hard"
engineering, such as concrete lined channels, riprap, or gabions, while
providing bank stabilization, shall not be considered stream restoration.
S. `Stream restoration' is defined as the process of converting an unstable,
altered or degraded stream corridor, including adjacent riparian zone and
flood -prone areas to its natural or referenced, stable conditions considering
recent and future watershed conditions. This process also includes restoring
32/33
the geomorphic dimension, pattern, and profile as well as biological and
chemical integrity, including transport of water and sediment produced by the
stream's watershed in order to achieve dynamic equilibrium. `Referenced' or
`referenced reach' means a stable stream that is in dynamic equilibrium with
its valley and contributing watershed. A reference reach can be used to
develop natural channel design criteria for stream restoration projects.
T. Stream" means a body of concentrated flowing water in a natural low area or
natural channel on the land surface.
U. `Stump diameter' means the diameter of a tree measured at six inches above
the ground surface level.
V. "Surface waters" means all waters of the state as defined in G.S. 143-212
except underground waters
W. "Tree" means a woody plant with a DBH equal to or exceeding five inches or
a stump diameter exceeding six inches.
X. `Temporary road' means a road constructed temporarily for equipment access
to build or replace hydraulic conveyance structures such as bridges, culverts,
pipes or water dependent structures, or to maintain public traffic during
construction.
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City of Mebane FOR OFFICE USE ONLY
PernBUFFER IMPACT Date ec'd
Date Rec'd.:
Rec'd By:
Application
City of Mebane 106 E. Washington Street City web site:
Telephone: (919) 563-5901 Mebane, NC 27258 www.citvofinebane.com
Fax: (919) 563-1007
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
LOCATION:
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable) :
Zone 1 Impacted
Disturbance: Square feet Type of Disturbance:
Zone 1 Impacted
Disturbance: Square feet Type of Disturbance:
❑ LOW DENSITY (no more than two dwelling units per acre or twenty-four percent built -upon area):
❑ HIGH DENSITY (exceeds the low density thresholds for dwelling units per acre or built -upon area)
Section B. APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Phone No.:
Company: Fax No:
Address:
Fax No:
Email Address:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Phone No.:
Company: Fax No.:
Address:
Fax No:
Email Address:
Zip:
Form BUFFER AUTHAPP-1 I of 4 January 2011
ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
1. Sheets shall be no larger than 36" x 24" plan and profile paper.
2. Minimum text size shall be 1/8".
3. Scale on plan view shall be no smaller than 1" = 50'; scale on profile view shall be
no smaller than 1" = 50' horizontally and 1" = 5' vertically using a grid showing F
intervals.
4. All drawings to be in North Carolina State Plane coordinate system.
Provide a legend indicating existing and proposed lines, features and symbols.
All elevations shall be given in relation to mean sea level; elevations in profile view
shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
Plan views shall have a north arrow on each drawing.
All drawings sealed, signed and dated by a NC Professional Engineer or Landscape
Architect.
9. A signed and sealed statement on the plans certifying that the Buffer Disturbance
shall comply with the City's Jordan Lake Riparian Buffer Ordinance.
10. Plans shall show label the buffer, buffer disturbance, and active minimization
measures taken. Plans shall show the reason for the buffer disturbance and include
disturbance totals and type of disturbance.
11. Plan view shall show all actual street names. State road numbers shall be shown if
applicable. Plan view should also indicate whether street is asphalt, concrete, gravel
or dirt. Proposed street & Right-of-way widths will be dimensioned back-to-back
and labeled in plan view.
12. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains, etc.
All available elevations shall be shown on the profile view. Direction of flow shall
be shown on plan view for all sanitary sewers and storm drains. Materials and pipe
sizes shall be labeled.
Form BUFFER AUTHAPP-1 2 of 4 January 2011
13. Existing utility lines shall be shown and labeled on plan view and indicated in the
legend.
14. Plans shall show final proposed locations and dimensions of all water, storm drain,
and sanitary sewer lines, devices to be installed on the system, catch basins,
culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
15. All existing and proposed water, storm drainage and sanitary sewer easements shall
be shown on all applicable sheets.
16. Number of dwelling units
17. Existing and proposed topographic lines (minimum 2-foot intervals).
18. Streams, ponds, wetlands, etc. on the project site and within 50 feet of the property
lines.
19. Location of floodplain and floodway (if applicable).
20. Location of drainage ways and easements.
Site Drainage Features:
21. Any existing stormwater control systems.
22. Show extent and number of disturbed acres.
23. Proposed impervious areas.
24. Soil information: type, special characteristics.
25. Name and classification of receiving water course.
26. All necessary construction specifications.
27. Sequence of construction.
28. Construction drawings and details for temporary and permanent measures.
29. Size and location of culverts.
30. Disclosure of party ultimately responsible for operation and maintenance of the
disturbance.
Mitigation:
31. Buffer mitigation calculations and plans. (If applicable).
32. Designer's certification.
33. Narrative description of proposed stormwater system.
Form BUFFER AUTHAPP-1 3 of 4 January 2011
Stormwater Calculations:
34. Narrative description of disturbance (methods, variables, assumptions, etc.) and
results.
35. Narrative description of avoidance and minimization.
36. Explanation of how diffuse flow will be maintained.
37. Amount and type of existing and proposed land use.
Section D. ATTACHMENTS
❑ 2 sets of plans
❑ 1 set of calculations
❑ Operation and Maintenance Manual
Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the City's Riparian Buffer Protection Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the City of Graham.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Form BUFFER AUTHAPP-1 4 of 4 January 2011
Riparian tr e am Buffers
il 01iiiiiiii�� 7 4L.
What? A riparian buffer is an area along a stream that remains wooded and vegetated.
Why? Riparian buffers are essential in limiting stormwater pollution and nutrients that
enter streams and go downstream. Streams without riparian buffers are more
likely to experience erosion and degraded water quality.
When? The City passed a riparian buffer protection ordinance in fall of 2010 that =
established riparian buffers on streams that are shown on the USGS Quadmap
and NRCS soil survey maps. A map of the affected streams and the ordinance ;
can both be viewed at the City Planning Department or at City Hall.
Exemptions
A grandfather clause exists in the
4 f.
riparian buffer protection ordi-
nance that allows existing uses to
-
- continue as long as the use is pre-
sent and ongoing within the ripari
Y - - an buffer as of the implementatio
date of the ordinance.
1—
y However if these uses change then 11
the buffer ordinance applies. If you
Zone 1 - 30 feet Zone 2 - 20 f r have a question about existing or
TteesStrea m Bed staMli e s water and sou gaps nutrientsskw new uses of the buffer, lease con-
s#abll;ze stream bank #hes planks use Far , I�
growth tact the City Planning Department.
Two Different Buffer Zones What do Riparian Buffers
Do?
• Zone I An undisturbed or natural area that is 30' wide and runs paral-
lel to the stream. Trees and vegetation located in this zone are not al- Stream Buffers are essential
lowed to be cut or removed without approval from the City. In addition, part of a healthy ecosystem.
stem. They
buildings, parking lots, driveways, or other impervious surfaces provide many benefits including: rii
(surfaces that water cannot penetrate) are prohibited in Zone 1. • Improved Water Quality.
• Zone 2 — A 20' wide strip that is adjacent to Zone 1 but with a few more • Reducing Stream Bank Ero-
maintenance allowances. For example, Zone 2 allows lawns to be main- sion.
tained and trees to be removed. However, similar to Zone 1, buildings, • Limiting Flooding Impacts.
parking lots, driveways, or other impervious surfaces are prohibited in Provide Habitat for Animals &
Zone 2. Aquatic Insects.
• Controlling Water Tempera -
Questions? _ ture for Streams.
• Limiting Nutrient Runoff.
Contact City Planner Montrena Hadley at (919) 563-9990 or at fir•
106 East Washington Street. ""
am
City of Mebane
Stormwater Permit Application
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Date Issued:
Date Paid:
Check No.:
Rec'd By:
City of Mebane 106 E. Washington Street City web site:
Telephone: (919) 563-5901 Mebane, NC 27258 www.citvofinebane.com
Fax: (919) 563-1007
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
LOCATION:
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable) :
TOTAL DU/Acre: % Built Upon Area: TOTAL Built Upon Area:
❑ LOW DENSITY (no more than two dwelling units per acre or twenty-four percent built -upon area).
❑ HIGH DENSITY (exceeds the low density thresholds for dwelling units per acre or built -upon area).
Section B.
APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Phone No.:
Company: Fax No:
Address:
Fax No:
Email Address:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Phone No.:
Company: Fax No.:
Address:
Fax No:
Email Address:
Zip:
Form SWPA-1 I of 6 July 1, 2007
ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
Sheets shall be no larger than 36" x 24" plan and profile paper.
2. Minimum text size shall be 1/8".
Scale on plan view shall be no smaller than 1" = 50'; scale on profile view shall
be no smaller than 1" = 50' horizontally and 1" = 5' vertically using a grid
showing 1' intervals.
4. All drawings to be in North Carolina State Plane coordinate system.
Cover sheet shall have a vicinity map at a scale no smaller than 1" = 200'.
Provide a legend indicating existing and proposed lines, features and symbols.
Cover sheet shall include all general notes, owner's name, telephone number, and
mailing address.
All elevations shall be given in relation to mean sea level; elevations in profile
view shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
Benchmark elevations and locations shall be shown on plan view.
10. Plan views shall have a north arrow on each drawing.
11. Each drawing shall have the following information in the title block: Street or
project title, limits, horizontal and vertical scales, original date, revisions date,
drawing number, checked by and drawn by. Recommended placement is lower
right-hand corner.
12. All drawings sealed, signed and dated by a NC Professional Engineer or
Landscape Architect.
13. A signed and sealed statement on the plans (if a high density project) certifying
that the design of all stormwater management facilities and practices will control
and treat the runoff from the from the first one inch of rain over the total drainage
area, that the designs and plans are sufficient to comply with applicable standards
and policies found in the Stormwater BMP Design Manual, and that the designs
and plans ensure compliance with the City's Phase II Stormwater Ordinance.
Form SWPA-1 2 of 6 July 1, 2007
14. Plan view shall show all actual street names. State road numbers shall be shown
if applicable. Plan view should also indicate whether street is asphalt, concrete,
gravel or dirt. Proposed street & Right-of-way widths will be dimensioned back-
to-back and labeled in plan view.
15. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains,
etc. All available elevations shall be shown on the profile view. Direction of flow
shall be shown on plan view for all sanitary sewers and storm drains. Materials
and pipe sizes shall be labeled.
16. Existing utility lines shall be shown and labeled on plan view and indicated in the
legend.
17. Plans shall show final proposed locations and dimensions of all water, storm
drain, and sanitary sewer lines, devices to be installed on the system, catch
basins, culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
18. All existing and proposed water, storm drainage and sanitary sewer easements
shall be shown on all applicable sheets.
19. Number of dwelling units.
20. Existing and proposed topographic lines (minimum 2-foot intervals).
21. City limits, county lines, and other jurisdiction lines, if any.
22. Streams, ponds, wetlands, etc. on the project site and within 50 feet of the
property lines.
23. Location of floodplain and floodway (if applicable).
24. Location of drainage ways and easements.
Site Drainage Features:
25. Existing and planned drainage patterns (include off -site areas that drain through
project).
26. Any existing stormwater control systems.
27. Sub -watershed delineation showing drainage areas.
28. Show extent and number of disturbed acres.
29. Proposed impervious areas.
30. Soil information: type, special characteristics.
31. Name and classification of receiving water course.
Form SWPA-1 3 of 6 July 1, 2007
Permanent Stormwater Control Measures (High Density only):
32. Type of BMP (wet pond, rain -garden, etc).
33. Designer's certification.
34. Narrative description of proposed Stormwater system (where runoff originates
(e.g. roofs, roads, parking lots etc.), its conveyance within the project, its
treatment, and its conveyance from the project to the receiving water body).
35. Profile along the centerline of the principal spillway/outfall pipe extending below
the protected outfall or to the downstream structure.
36. Elevations of the "water quality" surface, temporary storage water surface, and
the 10 and 100 year storms.
37. Stage -storage table for each BMP.
38. If BMP is to be used to treat construction site runoff, provide steps necessary to
restore BMP to original design condition.
39. All necessary construction specifications.
40. Sequence of construction.
41. Individual drainage areas for each stormwater BMP.
42. Construction drawings and details for permanent measures.
43. Size and location of culverts.
44. Size and location of subsurface drainage conveyances.
45. Disclosure of party ultimately responsible for operation and maintenance of the
stormwater system.
Stormwater Calculations:
46. Narrative description of calculations (methods, variables, assumptions, etc.) and
results.
47. Stormwater BMPs designed in accordance with North Carolina Department of
the Environment and Natural Resources -Division of Water Quality's Manual of
Stormwater Best Management Practices.
48. Time of concentration for pre/post development conditions
49. Pre -construction and post -construction runoff calculations for each outlet from
the site (at peak discharge points).
50. Pre -construction and post -construction design calculations and hydrographs.
51. Design calculations of culverts and storm sewers.
Form SWPA-1 4 of 6 July 1, 2007
52. Discharge and velocity calculations for open channel and ditch flows (easement
& right-of-ways).
53. Design calcs of cross sections and method of stabilization of existing and planned
channels (include temporary linings).
54. Design calcs and construction details of energy dissipators below culvert and
storm sewer outlets (diameters & apron dimensions).
55. Amount and type of existing and proposed land use.
Operation and Maintenance Manual (for each BMP, High Density only):
56. Narrative description of the purpose and operation of the BMP.
57. Detailed list, description, and procedure of routine maintenance items.
58. Detailed list, description, and procedure of non -routine maintenance items.
59. Maintenance schedule.
60. Steps needed to restore BMP in the event of a failure.
61. Maintenance checklist and inspection form.
62. BMP construction drawings. Replace with record drawings when BMP is
complete.
63. Latitude and longitude of each stormwater BMP.
Section D. ATTACHMENTS
❑ 3 sets of plans
❑ 1 set of calculations
❑ Operation and Maintenance Manual
❑ Application Fee
Form SWPA-1 5 of 6 July 1, 2007
Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the City's Phase II Stormwater Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the City of Mebane.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Form SWPA-1 6 of 6 July 1, 2007
STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
City of Mebane
Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
hereinafter referred to as the "OWNER(S)"
and the City of Mebane, North Carolina, hereinafter referred to as the "CITY",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
as recorded by deed in the land records
of Alamance County, (Alamance County tax Map/Parcel Identification Number)
Deed Book Page , Parcel Identification Number
hereinafter called the "Property".
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as ,
(Name of Plan/Development)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the CITY, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the CITY and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Mebane, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the CITY requires that on -site structural stormwater Management facilities as
shown on the Plan be constructed and adequately maintained by the OWNER, its successors
and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Manual(s). This includes all pipes and channels
built to convey stormwater to the facility, as well as all structures, improvements, and
vegetation provided to control the quantity and quality of the stormwater. Adequate
maintenance is herein defined as good working condition so that these facilities are
performing their design functions.
Form SWMA-1 2 of 6 JiTly 1, 2007
Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an inspection report. The
inspection report shall be due annually 30 days from the date of the final structural
stormwater Management facilities construction inspection. The purpose of the inspection
is to assure safe and proper functioning of the facilities. The inspection shall cover the
entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall
be noted in the inspection report.
4. The OWNER, its successors and assigns, hereby grant permission to the CITY, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the CITY deems necessary. The purpose of
inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The CITY shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the CITY, the
CITY may enter upon the Property and take whatever steps necessary to correct
deficiencies identified in the inspection report and to charge the costs of such repairs to
the OWNER, its successors and assigns. This provision shall not be construed to allow
the CITY to erect any structure of permanent nature on the land of the OWNER outside
of the easement for the structural stormwater Management facilities. It is expressly
understood and agreed that the CITY is under no obligation to routinely maintain or
repair said facilities, and in no event shall this Agreement be construed to impose any
such obligation on the CITY.
6. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER and the
association shall enter into an escrow agreement with CITY. The agreement shall contain
all of the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establishment of an escrow account which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
stormwater control measures and devices of the particular site plan or subdivision. If
structural stormwater Management facilities are not performing adequately or as
intended or are not properly maintained, the CITY, in its sole discretion, may remedy
the situation, and in such instances the CITY shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural stormwater Management facilities; provided that, the
CITY shall first consent to the expenditure.
Both OWNER contribution and annual sinking funds shall fund the escrow account.
Prior to plat recordation or issuance of stormwater permits, whichever shall first
occur, the OWNER shall pay into the escrow account an amount equal to fifteen (15)
per cent of the initial construction cost of the structural stormwater Management
facilities. Two-thirds (2/3) of the total amount of sinking fund budget shall be
Form SWMA-1 3 of 6 July 1, 2007
Structural Stormwater BMP Maintenance Agreement
deposited into the escrow account within the first five (5) years and the full amount
shall be deposited within ten (10) years following initial construction of the
stormwater control measure or device. Funds shall be deposited each year into the
escrow account. A portion of the annual assessments of the property owners
association shall include an allocation into the escrow account. Any funds drawn
down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
d. Granting to the CITY a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
Allowing the CITY to recover from the association and its members any and all costs
the CITY expends to maintain or repair the stormwater control and management
facility or to correct any operational deficiencies. Failure to pay to the CITY all of
its expended costs, after thirty (30) days written notice, shall constitute a breach of the
agreement. The CITY shall thereafter be entitled to bring an action against the
association and its members to pay, or foreclose upon the lien herein authorized by
the agreement against the property, or both in the case of a deficiency. Interest,
collection costs, and attorney fees shall be added to the recovery.
f. A statement that this agreement shall not obligate the CITY to maintain or repair any
stormwater control measure or device, and that the CITY shall not be liable to any
person for the condition or operation of structural stormwater Management facilities.
g. A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the CITY to enforce any of its ordinances as authorized by law.
7. The OWNER, its successors and assigns, will perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for
the structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
8. In the event the CITY, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the OWNER, its successors and assigns, shall reimburse the CITY
upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the
CITY hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the CITY and the
OWNER agrees to hold the CITY harmless from any liability in the event the structural
stormwater Management facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Alamance County, North
Carolina, and shall constitute a covenant running with the land, and shall be binding on
the OWNER, its administrators, executors, assigns, heirs and any other successors in
interests, including any homeowners association.
Form SWMA-1 4 of 6 JiTly 1, 2007
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 JiTly 1, 2007
CITY OF MEBANE, NORTH CAROLINA
LOW
City of Mebane (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Attorney Date
Form SWMA-1 6 of 6 July 1, 2007
STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
City of Mebane
June 1, 2011
Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
hereinafter referred to as the "OWNER(S)"
and the City of Mebane, North Carolina, hereinafter referred to as the "CITY",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
of Alamance County or Orange County, Deed Book
Identification Number
hereinafter called the "Property".
as recorded by deed in the land records
Page , Parcel
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as ,
(Name of Plan/Development)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the CITY, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the CITY and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Mebane, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the CITY requires that on -site structural stormwater Management facilities as
shown on the Plan be constructed and adequately maintained by the OWNER, its successors
and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan. This agreement specifically relates to BMP No.(s) as
identified on said plans.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Plan or Manual(s). This includes all pipes and
channels built to convey stormwater to the facility, as well as all structures,
improvements, and vegetation provided to control the quantity and quality of the
stormwater. Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions.
Form SWMA-1 2 of 6 June 1, 2011
Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an annual inspection
report to the City. The inspection report shall be due annually 30 days from the date of
the final structural stormwater Management facilities construction inspection. The
purpose of the inspection is to assure safe and proper functioning of the facilities. The
inspection shall cover the entire facilities, berms, outlet structure, pond areas, access
roads, etc. Deficiencies shall be noted in the inspection report. In the case of BMP's
located in the Public Water Supply Watershed, annual inspections will be made by the
city and paid for by the Owner from the fees collected at the time of BMP plan approval.
4. The OWNER, its successors and assigns, hereby grant permission to the CITY, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the CITY deems necessary. The purpose of
inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The CITY shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. Before the CITY shall approve the completed facility and issue final certificates of
occupancy, the Owner and/or maintaining entity shall furnish the CITY with a financial
guarantee insuring future maintenance, operation, and repair of the facility. The financial
guarantee shall be in the form of cash or an irrevocable letter of credit and made payable
to the CITY. The amount of guarantee shall be 40% of the total cost of constructing the
facility based on actual contract prices for said facility. The Owner and/or maintaining
entity shall also pay to the CITY as this time a fee for annual inspections for facilities
located in the Public Water Supply Watershed, currently set at $10,000.00 per BMP.
The initial duration of the financial guarantee shall be for 20 years. At the end of that
period, the CITY may extend such periods of guarantee as the CITY deems appropriate.
The financial guarantee may be dissolved at any time by mutual agreement when the
need for such guarantee no longer exists. Any funds remaining from such guarantee will
be returned to the appropriate entity.
6. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the CITY or
that maintenance and repairs are not being made as required or that any action is not
being done in accordance with this agreement, the CITY shall notify the responsible
entity who shall be given a reasonable time to correct such deficiencies. Should the
responsible entity fail to act in a timely manner, or otherwise fail to correct the
deficiencies, the CITY will institute appropriate action to obtain compliance including
criminal or civil penalties, or both. In addition, the CITY may declare the responsible
entity in default of this agreement and financial guarantee and use part or all of such
guarantee funds to correct the deficiencies and may assume actual operation and
maintenance. Default of this agreement does not release the responsible entity from
liability/responsibility for the deficiencies, nor release the entity from this agreement.
Likewise, default of this agreement does not prevent the CITY from taking action against
the responsible entity to recover the cost of such actions to correct the deficiencies.
Form SWMA-1 3 of 6 June 1, 2011
Structural Stormwater BMP Maintenance Agreement
7. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER also agrees
to the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establish adequate owner/property association dues which are to be spent solely for
sediment removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the stormwater control measures and devices of the particular site
plan or subdivision.
c. Granting to the CITY a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
d. Allow the CITY to recover from the association and its members any and all costs the
CITY may expend to maintain or repair the stormwater control and management
facility or to correct any operational deficiencies as a result of default by the
Owner/association/responsible entity. Failure to pay to the CITY all of its expended
costs, after thirty (30) days written notice, shall constitute a breach of the agreement.
The CITY shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien herein authorized by the agreement
against the property, or both in the case of a deficiency. Interest, collection costs, and
attorney fees shall be added to the recovery.
8. The OWNER, its successors and assigns, will perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for
the structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
9. In the event the CITY, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the OWNER, its successors and assigns, shall reimburse the CITY
upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the
CITY hereunder.
10. This Agreement imposes no liability of any kind whatsoever on the CITY and the
OWNER agrees to hold the CITY harmless from any liability in the event the structural
stormwater Management facilities fail to operate properly.
11. This Agreement shall be recorded among the land records of Alamance County or
Orange County as appropriate, North Carolina, and shall constitute a covenant running
with the land, and shall be binding on the OWNER, its administrators, executors, assigns,
heirs and any other successors in interests, including any homeowners association.
Form SWMA-1 4 of 6 June 1, 2011
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 June 2011
CITY OF MEBANE, NORTH CAROLINA
LOW
City of Mebane (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Attorney Date
Form SWMA-1 6 of 6 June 2011
Stormwater Permit #:
CITY OF MEBANE, NORTH CAROLINA
STORMWATER PERMIT
On the date listed below, the City of Mebane Stormwater Administrator received a request to consider the
following application:
Application Date:
Record Owner(s):
Property Location:
Approval Date:
Parcel Identification Number, and Lot #: Acreage:
Impervious Coverage (acres):
❑ High Density ❑ Low Density
Type and number of BMPs proposed:
SECTION 1. APPROVAL: Having reviewed the application and all supporting materials the Stormwater
Administrator has determined that the application is complete, and subject to the conditions imposed below, and
the proposed development meets the requirements of the City of Mebane Phase II Stormwater Ordinance.
SECTION 2. CONDITIONS: Therefore, the above referenced site and land used is hereby approved and
subject to all applicable provisions of the City of Mebane Phase II Stormwater Ordinance, Sections 3 and 4 of
this permit, and the following condition(s) which the Stormwater Administrator finds necessary for the
proposed development to meet the intent of the ordinance:
I. This permit shall be valid for a period of two years from the date of issuance unless a valid building
permit has been issued and maintained for the site or the permit has been revoked by the City of
Mebane. If, after two years the permitted activity has not begun nor a valid building permit secured, this
permit shall expire.
2. All land purchases and transfers necessary to secure the property for development shall be completed
prior to recordation of this permit.
3. The development of the tract shall proceed in conformity to all plans, design features, and restrictions
submitted as part of the stormwater permit application and kept on file by the Mebane Planning
Department except that the Mebane Stormwater Administrator may approve minor changes to such
plans as required by field conditions.
4. The petitioner shall complete all required off -site stormwater improvements and receive approval from
the City for such improvements prior to the release of any certificates of occupancy.
5. The petitioner shall submit a Floodplain Development Permit Application and receive approval from the
Mebane Planning Department prior to any land disturbance or filling of land located within Special
Flood Hazard Areas.
Form SWP-1 1 of 2 January 2013
Stormwater Permit #:
6. The petitioner shall submit a Sedimentation and Erosion Control Plan Application and receive approval
from the North Carolina Department of Environment and Natural Resources, Land Quality Section prior
to any land disturbance or filling of land.
SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with
the type and intensity of use only as such relates to the requirements of the Phase II stormwater ordinance and in
the manner as herein described and as shown on the approved site plan. Development of the property, however,
shall be subject to any and all future amendments to this ordinance which do not affect such type and intensity
of use and shall proceed in full compliance with all other applicable local, state and federal regulations.
SECTION 4. DEED RESTRICTION -PROTECTIVE COVENANT. The following italicized deed
restrictions and protective covenants shall be recorded for all subdivisions, outparcels, and future development
prior to the sale of any lot.
Development of subject property is required to be in accordance with the City s National Pollutant
Discharge elimination system (NPDES) Phase II Stormwater Permit and Phase II Stormwater Ordinance.
The recording of this document establishes an enforceable restriction of property usage that runs with the
land to ensure that future development and/or redevelopment shall maintain the site in a manner
consistent with applicable law and the approved project plans. Any alterations to the site shall not be
permitted without review and approval by the City of Mebane.
SECTION 5. SEVERABILITY. Invalidation of any one or more of the conditions set forth herein shall not
adversely affect the balance of said conditions, which shall remain in full force and effect.
[Stormwater Administrator]
[date]
Form SWP-1 2 of 2 January 2013
FACT SHEET
POST -CONSTRUCTION STORMWA TER MANAGEMENT PROGRAM
City of Mebane
Effective July 1, 2007
APPLICABILITY
• Applies to all development with land disturbance of one acre or more.
PERMITTING
• Must apply for a low density or high density stormwater permit.
• Low density (no more than two dwelling units per acre or 24% built -upon area).
• High density (any project that exceeds the low density thresholds for dwelling units per
acre or built -upon area).
• High density permit requires use of structural stormwater controls.
• Requires submittal of plans, specifications, engineering calculations, Maintenance
Agreement, and O&M Manual.
• All built upon area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters.
POST -CONSTRUCTION
• As -Built drawings certified by the design professional required at project conclusion.
• Maintenance Agreement referenced on recorded plat.
• Recorded easements for access to all components of the stormwater management
system.
• Stormwater Management System inspected annually by certified or licensed professional.
• Recorded deed restrictions or protective covenants, to ensure that future development
and redevelopment maintains the site consistent with the approved project plans.
DESIGN PARAMETERS FOR HIGH DENSITY DEVELOPMENTS
• Control and treat the runoff from the first one inch of rain.
• Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120
hours.
• Stormwater shall not leave the project site at a rate greater than the predevelopment
discharge rate for the ten-year, 24-hour storm.
• 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 (TSS).
• General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H .1008(c), as explained in the Stormwater BMP Design Manual.
• All other storm drainage design shall be in accordance with the City's Storm Sewer
Design Manual.
PERMIT FEES
• Application, Plan Review and Permit Fees- $500.00 per Structural Stormwater Treatment
Device. i.e. if 3 Wet Detention Ponds are on Plans -Permit Fees are 3 x 500 = $1,500.00.
City of Mebane
Telephone: (919) 563-5901
Fax: (919) 563-1007
City of Mebane FOR OFFICE USE ONLY
Permit No.:
Stormwater As -built Submission Rec'dBy:
Form Date Rec'd:
106 E. Washington Street
Mebane, NC 27258
City web site:
www.citvofinebane.com
Prior to obtaining a Certificate of Occupancy, the following items must be provided to the
Mebane Stormwater Administrator for approval. These will be compared to the approved
stormwater permit application for any irregularities or non-conformance with the approved
plans.
❑ As -built Drawings (2 paper copies)
❑ Electronic As -built Drawings (.dwg, or pdf format.)
❑ Designer's Stormwater BMP Certification
The as -built drawings shall reflect the "as -constructed" condition of the development, and
shall include sufficient information to demonstrate conformance with the approved
stormwater permit application. Significant deviations from the approved plan shall be
considered violations of the Mebane Phase II Stormwater Ordinance and are grounds for the
invocation of the injunctions and penalties defined therein, and/or withholding the release of
any bond pending the completion of corrective action(s), and/or requiring a submittal of a
revised stormwater permit application.
In the event that the Stormwater Administrator requires submittal of a revised plan, the
revision shall include a description of the discrepancies between the site conditions and the
prior approved stormwater permit application, along with design calculations that
demonstrate that the as -built conditions comply with the Mebane Phase II Stormwater
Ordinance. Should the as -built conditions be shown to have a negative impact with regards
to flooding, maintenance, erosion or water quality, the Stormwater Administrator has the
authority to require other mitigation measures and proposed design plans to mitigate any
potential impacts from the development.
Submitted By: Date:
(Signature Required)
(Print Name)
Seal
(N.C.P.E.or A.S.L.A.)
Form SWSF-1 1 of 1 July 1, 2007
City of Mebane
UITIAA17:01=1ZkIMIII, IaelZ111
Statement of Certification
City of Mebane
Telephone: (919) 563-5901
Fax: (919) 563-1007
Description
Slope of embankments (3:1)
Elevations on the following:
Bottom of pond
Bottom of riser
Top of riser
Water quality hole
Invert of inflow and outflow pipes
Top of dam: Elevation and width
Width of maintenance benches
Anti -seep collars — size
Size and material of riser/barrel
Verification of volume:
Permanent Sediment Storage (CF)
Permanent Water Quality (SF)
Temporary Water Quality (CF)
Baffle location and top elevation
Emergency Spillway - Width
Emergency Spillway - Elevation
106 E. Washington Street
Mebane, NC 27258
FOR OFFICE USE ONLY
Permit No.:
Date Rec'd.:
Ree'd By:
City web site:
www.citvofinebane.com
Design As -built
I state to the best of my knowledge and belief that the permanent structural stormwater Best
Management Practice(s) for will control and treat the runoff from the
(name of plat)
first one inch of rain over the total drainage area, is duly recorded in the Office of the
Alamance County Register of Deeds, and has been completed in conformance with the
approved plans and specifications dated
(approval date)
SIGNATURE (Seal)
DATE (N.C.P.E. or A.S.L.A.)