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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 ci Zpm :ij ri 41 Zr„O c�cnn, �7p� �C/'Q m �r- G) r� O n � n���� znmc o 0 �pZ:0U N) :20 m �' <o��� or- -o 0 C/' Z � m cA �zn ~ 0co C1 v O -V rn n -T:)oz0o Nm Q :70 y n O rn 70 m rn Fn � pz �yx �z y O ��� C � ryl � O rri z � C C Z zm0 nC/) rn � nZ 0 rn ~� Z rn � z : cm : y 00 o0o�v, �yx =nm o m cA 0 rn rn �rm-0= �3: z�l m Cl) � ZO"'n o y�� �cnp z m � n �i 10 O T y �2 n� c� Z �p Q� �O OHO —rim �o�y s2 �zmm= �nl�Cy rn y zc�o m� 60 ice �. cu Z m�zo� z moo n�om 0 = Cl)= zZmn o riioZm n 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. Mebane Stormwater Ordinance Page 11 2007 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. Mebane Stormwater Ordinance Page 13 2007 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 Mebane Stormwater Ordinance Page 16 2007 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 Mebane Stormwater Ordinance Page 17 2007 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: Mebane Stormwater Ordinance Page 19 2007 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. Mebane Stormwater Ordinance Page 20 2007 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 Mebane Stormwater Ordinance Page 21 2007 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. Mebane Stormwater Ordinance Page 22 2007 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 Mebane Stormwater Ordinance Page 23 2007 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 Mebane Stormwater Ordinance Page 24 2007 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 Mebane Stormwater Ordinance Page 25 2007 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 Mebane Stormwater Ordinance Page 26 2007 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 I.I.I.I.I.I.I.I.I.1.1.i.I.I.I.I.I.I.I.I.I.I.1.I.1.I.1.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.1.I.I.1.I.I.I.I.1.I.I.i.I.I.I.I.I.I.I.I.I.1.1.1.1.1.1.1.1.1.1. 1.I.I.I.I.I.I.1.I.I.1.I.I.I.1.1.I.I.I.I.I.I.I.I.I.I.I.11 I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.1.I.I.I.I.1.I.I.I.I.I.I.1.I.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1.1. 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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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 .. tWf J Owr s H V V Q go ..� y. 0 Z W � 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 W .J 10.000 w 0.5 N• 10,000 Soo z 1.0 ff ---I 5000 W _ / S a 1000 ?� Ic 11P, 6 o 06 .60 / 09 W 10 1000 : 0000 ' 1.0 . 100 50 - .so. 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 0400 .030o J t W t0 W. is .oeoo s .oew. 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 .u: CS z 1 W G 1ao 1os r 04 n. y6 _34 ss Z34 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 �S S I,,50 ' 2,400 �28000 .004 0.5 0.4. SOLUTION .OF MAMING FORMULA .005 �,� 1,500 0.6 80 : . 1,000 ..Goo • 0.7. 500 800 4 . 600 300. .500 02 400 0.05 . J.O. . 2 300 5 W Z .02 4 i 200 10 3 Z e .03 8 � '1.5 0.01 . • • 100 � • Z • .04 a' 3• 80 a 96 •84 2 . W .10 o•40 60 z , 72 1.5 p.Os 2 �. 0.005' 3 50 .0.60 40 ' .05 y M H W W IL 0 2 30 W Z 48 42 i A2 0.1 v �u ~o J -- -20 _ 08 R, = 015 - - -3 0 . a. 30 a 0 010 n W W 0.001 c 10 G 6: a W. IL 0 24 0.5 006 =0.2 d :W 6 10 u '= .� 0.4. z . } f- I 4 Y. • W IL 0.0005 La s W I- W..18 Z U.0.3 •' 6 �.2 15 03> W > vo v 3 5 = a 0.4 . �• c : 0:5 W . 2 3 10 02 6 • 0.0001 2 -0.15 .7 6 1:0 8 0.00005. . . 10 .4 .g 2 1 .5 . 0.00001 .4 3 Z . •.3. • . 15 4 0.000005. 3" 18 .•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 2 60� 2 5 v 50 L5 ? 40 �/ X I.5 4 -3O N _ to 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 ..(a) Lt . Z4' 50 (3) 2.2 ' 7.7 LO LO ...40.. • D h tet • LO 36 cur) p .30 p- h- ri.l X. � 33 0 'g 30 20 _ A .8 27 . 10. 24 . 21 5 4 : 3 .6 16 L0 •,B 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 1'5 65 200 _ s - I" x 4'-711 W 8 1 72, x441 100 LL Lo LO ' a t ? 80 0 / fn Lq a 65" x 40" .-. M • . .9 '9 a A��E • -G 56"x3.6CD .s 40 — w _ : 30 EXAM PLE •8 50" x 31" N sl:e 3e' a 22" s< 20 - Q! 20 CF3 p ,T a 11 11 27 43 xuo Hw/Dx aw(reto U) (ZI LIs Il.i Q . j 10 (3I i22 2.2 .6 ZSG�x B * D a ad = •6 N p 22 . c `8 a 5 i 4 2ex Is 3 25" xis" 2 2211 x 1311 8 . .4 4 . .4 18 x 1111 .5 . .35. � �i .35 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� -- �- 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 4� _.. O _Z- W 10042. Z. "s°moo a �. W 36 60 33. 0 a 30 40 0 27. 30 24 20 21 L15 10 a 5 4. ... 12 �Q 4p 4- 1.. 2 aO� �pMp�• sLa GE' � r ��.. �. 2 . Le 110 ---- --- 5 0cp 6 ,gyp s 10 �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 THIS PAGE LEFT INTENTIONALLY BLANK 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 THIS PAGE LEFT INTENTIONALLY BLANK 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 23/33 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 24/33 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 25/33 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; 26/33 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 27/33 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. 28/33 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 29/33 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 31/33 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. 33/33 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.)