NCS000405_32_Stormwater Overview - Gibsonville_20211110

Town of Gibsonville
Stormwater Program Information Sheet
Town of Gibsonville Post Construction Stormwater Program Information Sheet
The Town of Gibsonville is a NPDES Phase II Stormwater Permit holder. The Town is required to review
new development projects to determine concurrence with the Town's Permit. The Town's Post
Development Construction Stormwater Program is governed by the Town'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, Development Ordinance, the NC
Division of Water Quality BMP Manual, the Town's Storm Sewer Design Manual, the Town's Floodplain
Development Ordinance, the Town's Riparian Buffer Protection Ordinance, and good engineering
practice.
Projects that are not subject to the Town'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. However, exempt
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 Town each year after completion. Structural stormwater BMP's within the
watershed are inspected by the Town on annual basis (this is included within the BMP 0&M
Agreement).
Local Stormwater Design Manual Requirements
The Town 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 Town has seen the
need to require due to the Town'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 1-year storm

Town of Gibsonville
Stormwater Program Information Sheet
event. Larger storm peak runoff matching may be required as well. Larger storm runoff
matching is likely if downstream flooding issues exists or if downstream infrastructure may be
undersized.
• 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.
• Pond dams are to be at least 10' in settled width. This applies to stormwater ponds, wetlands,
and dry detention basins. Bio-retention basins, sand filters, and other devices may be able to
reduce the width with approval.
• Embankments are to be 3:1 in slope. Slopes below the water level may be steeper as approved.
• Bio-retention Basins are highly recommended to be designed with Internal Water Storage to
enhance nutrient removal.
• Fencing is recommended but not required.
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 Town of Gibsonville will make stream determinations for reference to buffer applicability
only. The Town'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 Town of Gibsonville makes a determination that determination will be binding and any
disputes to the Town'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.
• 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 Josh Johnson, P.E. of Alley, Williams, Carmen, and King,
Inc. Josh can be contacted at [e-mail] or at [phone].
• Submittals must include the following:

Town of Gibsonville
Stormwater Program Information Sheet
o Stormwater Application.
o Stormwater Calculations.
o Full Set of 24"x36" plans (not larger).
o Project and Stormwater Narrative.
o Stormwater Fee (if applicable).
o It is recommended that initial submittals be on pdf.
o Submittals should be submitted through the Town Planning Department.
• Stormwater BMP's require an Operation and Maintenance Agreement. The O&M Agreement
needs to be completed and submitted to the Town prior to plan 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
• Post Construction Ordinance.
• Storm Sewer Design Manual.
• Floodplain Development Ordinance.
• Riparian Buffer Protection Ordinance.
• Riparian Buffer Exhibit.
• Stormwater Application.
• Stormwater Operation and Maintenance Agreement.
• Stormwater As -built Forms.

Town of Gibsonville
Phase II Stormwater
Ordinance
Adopted by The Town of Gibsonville Board of Aldermen: June 4, 2007

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Article X: Phase II Stormwater Post -Construction
Section
10-1 GENERAL PROVISIONS............................................................................ 1
10-1.1
Title.........................................................................................................1
10-1.2
Authority..................................................................................................1
10-1.3
Findings..................................................................................................1
10-1.4
Purpose...................................................................................................2
10-1.5
Applicability and Jurisdiction................................................................... 3
10-1.6
Interpretation........................................................................................... 4
10-1.7
Stormwater Best Management Practices (BMPs) Design Manual ..........6
10-1.8
Relationship to Other Laws, Regulations and Private Agreements ......... 6
10-1.9
Severability............................................................................................. 7
10-1.10
Effective Date and Transitional Provisions..............................................7
10-2 ADMINISTRATION AND PROCEDURES ................................................... 9
10-2.1 Review and Decision -Making Entities ..................................................... 9
10-2.2 Review Procedures.................................................................................9
10-2.3 Applications for Approval......................................................................12
10-2.4 Approvals..............................................................................................14
10-2.5 Appeals.................................................................................................15
10-3 STANDARDS............................................................................................ 16
10-3.1 General Standards................................................................................16
10-3.2 Development Standards for Low -Density Projects................................16
10-3.3 Development standards for High -Density Projects................................16
10-3.4 Protection of Existing Riparian Buffers..................................................17
10-3.5 Standards for Stormwater Control Measures ........................................ 24
10-3.6 Dedication of BMPS, Facilities & Improvements...................................25
10-3.7 Variances.............................................................................................. 25
10-3.8 Nutrient Sensitive Waters Program.......................................................26
10-3.9 Nutrient Management and Application Program...................................26
10-3.10 On -site Wastewater Treatment Systems ............................................... 30

10-4 MAINTENANCE........................................................................................31
10-4.1 General Standards for Maintenance..................................................... 31
10-4.2 Operation and Maintenance Agreement ............................................... 32
10-4.3 Inspection Program...............................................................................34
10-4.4 Performance Security for Installation and Maintenance ........................ 34
10-4.5 Notice to Owners................................................................................... 36
10-4.6 Records of Installation and Maintenance Activities...............................36
10-4.7 Nuisance...............................................................................................37
10-4.8 Maintenance Easement........................................................................ 37
10-5 ENFORCEMENT AND VIOLATIONS........................................................ 38
10-5.1 General.................................................................................................38
10-5.2 Remedies and Penalties....................................................................... 39
10-5.3 Procedures............................................................................................40
10-6 DEFINITIONS............................................................................................43
10-7 ILLICIT DISCHARGES.............................................................................. 47
10-7.1 Illicit Discharges and Connections........................................................47
10-7.2 Right of entry.........................................................................................49
10-7.3 Enforcement..........................................................................................50

Article X
Phase II Stormwater Ordinance
10-1 GENERAL PROVISIONS
10-1.1 Title
This ordinance shall be officially known as "The Phase II Stormwater
Ordinance." It is referred to herein as "this ordinance."
10-1.2 Authority
The Town of Gibsonville 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.
10-1.3 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increase 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 that 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 minimum stormwater
controls such as those included in this ordinance.
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Therefore, the Town of Gibsonville 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.
10-1.4 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
increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment, -
as well as illicit discharges into municipal stormwater systems. 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:
(1) Establishing decision -making processes for development that
protect the integrity of watersheds and preserve the health of water
resources;
(2) Requiring that new development 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;
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(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.
(8) Controlling illicit discharges into the municipal separate stormwater
system.
10-1.5 Applicability and Jurisdiction
(A) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development, including, but not limited to, site plan
applications, subdivision applications, and grading applications, 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 is not part of a larger common plan of development
or sale is exempt from the provisions of this ordinance.
Developments 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.
(C) No Development Until Compliance and Permit
No development 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.
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(D) Map
The provisions of this ordinance shall apply within the areas designated
on the map titled "Phase II Stormwater Map of the Town of Gibsonville,
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.
10-1.6 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 87-4, Purpose. If a different or more
specific meaning is given for a term defined elsewhere in The Towns
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
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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 Town of
Gibsonville, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the Town of
Gibsonville. 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 Town of Gibsonville may be carried out
by his or her designee.
(G) Usage
(1) 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
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.
(4) Measurement and Computation
Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or site.
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10-1.7 Stormwater Best Management Practices (BMPs) Design Manual
(A) Reference to Stormwater BMP Design Manual
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) as the basis for decisions
about stormwater permits and about the design, implementation and
performance of structural and non-structural stormwater Best
Management Practices (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
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.
10-1.8 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
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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 an 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 will the Town of
Gibsonville be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
10-1.9 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.
10-1.10 Effective Date and Transitional Provisions
(A) Effective Date
This Ordinance shall take effect on , 2007.
(B) Final Approvals, Complete Applications
All development projects for which complete and full Preliminary Plats
were submitted and approved by the Town of Gibsonville prior to the
effective date of this ordinance and which remain valid, unexpired,
unrevoked and not otherwise terminated at the time of development
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,
including but not limited to illicit discharge provisions
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:
(1) 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
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boundaries of the project and a subdivision plan that has been
approved.
(2) 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.
(C) 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.
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10-2 ADMINISTRATION AND PROCEDURES
10-2.1 Review and Decision -Making Entities
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the Town
Manager to 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 Town of Gibsonville 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 Town of Gibsonville on
applications for development 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 Gibsonville
Town Board of Aldermen, 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.
10-2.2 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
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subsequent to a properly submitted and reviewed permit application,
pursuant to this section.
(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 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
(1) 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. 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 board of planning and adjustment shall establish permit review
fees as well as policies regarding refund of any fees upon
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withdrawal of an application, and may amend and update the fees
and policies from time to time.
(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 30 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.
(1) 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
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application fails to comply. The applicant shall have an opportunity
to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 30 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.
10-2.3 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
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.
To accomplish this goal, the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
(1) 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
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vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other
impervious surfaces.
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, and shall verify that the design of all stormwater
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management facilities and practices meets the submittal requirements
for complete applications, 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 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 10-2.2(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 that the completed project is in
accordance with the approved stormwater management plans and
designs, and shall submit actual "as built" plans for all stormwater
management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth,
and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and
plans shall certify, under seal, that the as -built stormwater measures,
controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this
ordinance. 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 Town
of Gibsonville without final as -built plans and a final inspection and
approval by the Stormwater Administrator, except where multiple units
are served by the stormwater practice or facilities, in which case the
Town may elect to withhold a percentage of permits or certificates of
occupancy until as -built plans are submitted and final inspection and
approval has occurred.
10-2.4 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.
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(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails 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.
10-2.5 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 Board of Adjustment as specified in Section 8-3.2 of the Town's
Development Ordinance.
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10-3 STANDARDS
10-3.1 General Standards
All development and redevelopment to which this ordinance applies shall
comply with the standards of this section.
10-3.2 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 runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(B) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future
development maintains the site consistent with the approved project
plans.
10-3.3 Development standards for High -Density Projects
High -density projects shall implement stormwater control measures that
comply with each of the following standards:
(A) The measures shall control and treat runoff from the first inch of rain.
Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours.
(B) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average
annual removal for Total Suspended Solids (TSS);
(C) 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;
(D) 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 maintains the site consistent with the approved project
plans.
In the event new development or redevelopment has, in the opinion of the
Stormwater Administrator or his designee, the potential to cause increased
downstream flooding and erosion, a structural stormwater management
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system will be required that does not allow stormwater to leave the project
site at a rate greater than the predevelopment discharge rate for the ten-
year, 24-hour storm.
10-3.4 Protection of Existing Riparian Buffers
This shall apply to 50-foot wide riparian buffers directly adjacent to surface
waters within the Town's jurisdiction (intermittent streams, perennial
streams, lakes, reservoirs and ponds), excluding wetlands. 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 15A
NCAC 2H .0506. 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 2H .0500, 15A NCAC 2H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act. The riparian buffers
protected by this Ordinance shall be measured pursuant to Section 10-
3.4(A) of this Ordinance.
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 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
(A) Zones of the Riparian Buffer.
The protected riparian buffer shall have two zones as follows:
(1) Zone 1 shall consist of a vegetated area that is undisturbed except
for uses provided for in Section 10-3.4(D) of this Ordinance. The
location of Zone 1 shall be as follows:
(a) For intermittent and perennial streams, Zone 1 shall begin at the
most landward limit of the top of the bank or the rooted
herbaceous vegetation and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally on
a line perpendicular to a vertical line marking the edge of the top
of the bank.
(b) For ponds, lakes and reservoirs located within a natural
drainage way, Zone 1 shall begin at the most landward limit of
the normal water level or the rooted herbaceous vegetation and
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extend landward a distance of 30 feet, measured horizontally on
a line perpendicular to a vertical line marking the edge of the
surface water or rooted herbaceous vegetation.
(2) Zone 2 shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in Section 10-3.4(D) of this Ordinance.
Grading and re -vegetating Zone 2 is allowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shall
begin at the outer edge of Zone 1 and extend landward 20 feet as
measured horizontally on a line perpendicular to the surface water.
The combined width of Zones 1 and 2 shall be 50 feet on all sides of
the surface water.
(B) Diffuse Flow Requirement.
Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
Concentrated runoff from new ditches or manmade conveyances shall
be converted to diffuse flow at non -erosive velocities before the runoff
enters Zone 2 of the riparian buffer. Corrective action to restore diffuse
flow shall be taken if necessary to impede the formation of erosion
gullies. No new stormwater conveyances are allowed through the
buffers except for stormwater management ponds provided for in
Section 10-3.4(D) of this Ordinance.
(C) Exemptions
Riparian buffers adjacent to surface waters that appear on the maps
shall be subject to this Ordinance unless one of the following applies.
(1) On -site Determination
When a landowner or other affected party believes that the maps
have inaccurately depicted surface waters, he or she shall submit a
site assessment and on -site determination made by other parties
who have successfully completed a Division training course and are
sanctioned by the North Carolina Department of Environment and
Natural Resources, Division of Water Quality to make such
determinations. Any disputes over on -site determinations shall be
referred to the Board of Adjustment in writing. Surface waters that
appear on the maps shall not be subject to this Ordinance if an on -
site determination shows that they fall into one of the following
categories:
(a) Manmade ponds and lakes that are located outside natural
drainage ways; and
(b) Ephemeral (stormwater) streams.
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(2) Existing Uses Are Present and Ongoing.
This Ordinance shall not apply to portions of the riparian buffer
where a use is existing and ongoing according to the following:
(a) A use shall be considered existing and ongoing if 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 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 that contains 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 re -vegetating
Zone 2 is allowed provided that the health of the vegetation in
Zone 1 is not compromised, the ground is stabilized and existing
diffuse flow is maintained.
(b) A use shall be considered as existing if projects or proposed
development have been determined by the Town to meet at
least one of the following criteria:
i. Project requires a 401 Certification/404 Permit and these
were issued prior to the effective date of this Ordinance;
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;
iii. 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;
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iv. 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 Town prior to the effective date of this
Ordinance;
(c) A project that can be documented to the Town that it has vested
rights that were established or recognized for that project under
the common law or by G.S. 153A-344(b), 153A-344.1, 160A-
385(b) or 160A-385.1 prior to the effective date of this
Ordinance. This Ordinance does not confer or restrict a vested
right established or recognized under common law or G.S.
153A-344(b), 153(A)-344.1, 160A-385(b), or 160A-385.1.
(d) This Ordinance shall apply at the time an existing use is
changed to another use. Change of use shall involve the
initiation of any activity not defined as existing and ongoing as
defined previously in this Section.
(D) ACCEPTABLE USES
The Stormwater Administrator will maintain a Riparian Buffer Table of
Uses which sets out permitted uses within the riparian buffer and their
designation as exempt or allowable. All uses not designated as exempt
or allowable are considered prohibited and may not proceed within the
riparian buffer unless a variance is granted pursuant to this Ordinance.
(E) REQUIREMENTS FOR CATEGORIES OF USES.
Uses designated as exempt or allowable in Section 10-3.4(D) of this
Ordinance shall have the following requirements:
(1) EXEMPT. Uses designated as exempt are allowed within the
riparian buffer. 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. In addition,
exempt uses shall meet requirements listed in Section 10-3.4(D) of
this Ordinance for the specific use.
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(2) ALLOWABLE. Uses designated as allowable may proceed within
the riparian buffer provided that there are no practical alternatives to
the requested use pursuant to 10-3.4(F) of this Ordinance. This
includes construction, monitoring, and maintenance activities.
(F) DETERMINATION OF "NO PRACTICAL ALTERNATIVES."
Persons who wish to undertake uses designated as allowable shall
submit a request for a "no practical alternatives" determination to the
Stormwater Administrator. The applicant shall certify that the criteria
identified in Section 10-3.4(F)(1) of this Ordinance are met. The Town
shall grant an Authorization Certificate upon a "no practical alternatives"
determination. The procedure for making an Authorization Certificate
shall be as follows:
(1) Authorization Certificate
For any request for an Authorization Certificate, the Town shall
review the entire project and make a finding of fact as to whether the
following requirements have been met in support of a "no practical
alternatives" determination:
(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) Requests for an Authorization Certificate shall be reviewed and
either approved or denied based on the criteria in Section 10-
3.4(F)(1) of this Ordinance. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated
"no practical alternatives." An Authorization Certificate shall be
issued to the applicant, unless:
(a) The applicant agrees, in writing, to a longer period; and
(b) Applicant fails to furnish requested information necessary to the
Town's decision.
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(3) The Town may attach conditions to the Authorization Certificate that
support the purpose, spirit and intent of the riparian buffer protection
program. Complete submissions shall include the following:
(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.
(g) Any disputes over determinations regarding Authorization
Certificates shall be referred to the Town Board of Adjustment
for a decision.
(G) VARIANCES.
A variance request pertains to activities that are proposed only to impact
any portion of Zone 2 of the riparian buffer. Minor variance requests
shall be reviewed and approved based on the criteria in Section 10-
3.4(F)(1) of this Ordinance by the Town pursuant to G.S. 153A-Article
18, or G.S. 160A-Article 19. The Town may attach conditions to the
variance approval that support the purpose, spirit and intent of the
riparian buffer protection program.
(H) REQUIREMENTS SPECIFIC TO FOREST HARVESTING.
Forest harvesting operations and practices shall apply for forest
harvesting operations and practices.
(1) The following measures shall apply in the entire riparian buffer:
(a) Logging decks and sawmill sites shall not be placed in the
riparian buffer.
(b) Access roads and skid trails shall be prohibited except for
temporary and permanent stream crossings established in
accordance with 15A NCAC 11 .0203. Temporary stream
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crossings shall be permanently stabilized after any site
disturbing activity is completed.
(c) Timber felling shall be directed away from the stream or water
body.
(d) Skidding shall be directed away from the stream or water body
and shall be done in a manner that minimizes soil disturbance
and prevents the creation of channels or ruts.
(e) Individual trees may be treated to maintain or improve their
health, form or vigor.
(f) Harvesting of dead or infected trees or application of pesticides
necessary to prevent or control extensive tree pest and disease
infestation shall be allowed. These practices must be approved
by the Division of Forest Resources for a specific site pursuant
to the rule. The Division of Forest Resources must notify the
local government of all approvals.
(g) Removal of individual trees that are in danger of causing
damage to structures or human life shall be allowed.
(h) Natural regeneration of forest vegetation and planting of trees,
shrubs, or ground cover plants to enhance the riparian buffer
shall be allowed provided that soil disturbance is minimized.
Plantings shall consist primarily of native species.
(i) High -intensity prescribed burns shall not be allowed.
(j) Application of fertilizer shall not be allowed except as necessary
for permanent stabilization. Broadcast application of fertilizer or
herbicides to the adjacent forest stand shall be conducted so
that the chemicals are not applied directly to or allowed to drift
into the riparian buffer.
(2) In Zone 1, forest vegetation shall be protected and maintained.
Selective harvest as provided for below is allowed on forest lands
that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through 277.6 or on forest lands that have a
forest management plan prepared or approved by a registered
professional forester. Copies of either the approval of the deferment
for use value under forestry or the forest management plan shall be
produced upon request. For such forest lands, selective harvest is
allowed in accordance with the following:
(a) Tracked or wheeled vehicles are not permitted except at stream
crossings designed, constructed and maintained in accordance
with 15A NCAC 11 .0203;
(b) Soil disturbing site preparation activities are not allowed; and
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(c) Trees shall be removed with the minimum disturbance to the
soil and residual vegetation.
(3) The following provisions for selective harvesting shall be met:
(a) The first 10 feet of Zone 1 directly adjacent to the stream or
waterbody shall be undisturbed except for the removal of
individual high value trees as defined provided that no trees with
exposed primary roots visible in the streambank be cut.
(b) In the outer 20 feet of Zone 1, a maximum of 50 percent of the
trees greater than five inches DBH may be cut and removed.
The reentry time for harvest shall be no more frequent than
every 15 years, except on forest plantations where the reentry
time shall be no more frequent than every five years. In either
case, the trees remaining after harvest shall be as evenly
spaced as possible.
In Zone 2, harvesting and regeneration of the forest stand shall be allowed in
accordance with 15A NCAC 011 .0100 through .0200 as enforced by the Division of
Forest Resources.
10-3.5 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, and 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
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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.
10-3.6 Dedication of BMPS, Facilities & Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of the property or a
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.
10-3.7 Variances
(A) Any person may petition the Town of Gibsonville for a variance granting
permission to use the person's land in a manner otherwise prohibited by
this ordinance. To qualify for a variance, the petitioner must show all of
the following:
(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) The Town of Gibsonville 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
Floodplain or 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
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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
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.
10-3.8 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.
10-3.9 Nutrient Management and Application Program
(A) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the Town of Gibsonville as
follows.
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(1) 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 Town's
jurisdiction.
(B) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
(1) Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
Town's jurisdiction shall either:
(a) Attend and complete nutrient management training pursuant to
Item (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 (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 (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 (D) of this Section; or
(c) Complete a nutrient management plan for the land that they
own or manage pursuant to Item (D) of this Section and ensure
that the applicator they hire follows this plan.
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(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 Sub -Item (C)(1).
(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 Sub -Items (D)(1)(a)
through (D)(1)(c) of this section shall develop and properly
implement nutrient management plans pursuant to Item (D) 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 Town of Gibsonville.
(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.
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(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 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 Sub -
Item (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
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.
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(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
Town.
10-3.10 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. In addition, all requirements for
on -site wastewater treatment systems in Article VI of the Town's
Development for Maintenance shall be met.
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10-4 MAINTENANCE
10-4.1 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 inspection report from one of the following persons performing
services only in their area of competence: a qualified registered North
Carolina professional engineer, surveyor, 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.
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10-4.2 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 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 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 owneror
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 the
Town of Gibsonville 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 The
Town of Gibsonville 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 Town of Gibsonville, in its sole discretion,
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may remedy the situation, and in such instances the Town of
Gibsonville 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
Town of Gibsonville 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
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 Town of Gibsonville
depending on the design and materials of the stormwater control
and management facility.
(5) Granting to the Town of Gibsonville a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
(6) Allowing the Town of Gibsonville to recover from the association and
its members any and all costs the Town of Gibsonville expends to
maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Gibsonville all of its
expended costs, after forty-five days written notice, shall constitute a
breach of the agreement. In case of a deficiency, the Town of
Gibsonville 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 Town of
Gibsonville to maintain or repair any structural BMPs, and the Town
of Gibsonville shall not be liable to any person for the condition or
operation of structural BMPs.
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(8) A statement that this agreement shall not in any way diminish, limit,
or restrict the right of the Town of Gibsonville to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of
Gibsonville for any costs and injuries arising from or related to the
structural BMP, unless the Town of Gibsonville 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.
10-4.3 Inspection Program
Inspections and inspection programs by the Town of Gibsonville may be
conducted or established on any reasonable basis, including but not limited
to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include, but are not limited to, reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material or
water in BMPs; and evaluating the condition of BMPs.
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.
10-4.4 Performance Security for Installation and Maintenance
(A) May Be Required
The Town of Gibsonville 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
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(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
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit,
plus 20%.
(2) Maintenance
The amount of a maintenance performance security shall be the
present value of an annuity of perpetual duration based on a
reasonable estimate of the annual cost of inspection, operation and
maintenance of the BMPs approved under the permit, at a discount
rate that reflects the jurisdiction's cost of borrowing minus a
reasonable estimate of long-term inflation.
(C) Uses of Performance Security
(1) 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
Upon default of the ownerto 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 Town of Gibsonville shall not return any of
the unused deposited cash funds or other security, which shall be
retained for maintenance.
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(3) Costs in Excess of Performance Security
If the Town of Gibsonville takes action upon such failure by the
applicant or owner, the Town of Gibsonville 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, except 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.
10-4.5 Notice to Owners
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation
easement, or dedication and acceptance into public maintenance
(whichever is applicable) 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,
conservation easement, or dedication and acceptance into public
maintenance, (whichever is applicable) 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
maintenance and annual inspection. The sign shall be maintained so as
to remain visible and legible.
10-4.6 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
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the record and shall submit the same upon reasonable request to the
Stormwater Administrator.
10-4.7 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.
10-4.8 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance
easement. The easement shall be recorded and its terms shall specify who
may make use of the easement and for what purposes.
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10-5 ENFORCEMENT AND VIOLATIONS
10-5.1 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 the Town
of Gibsonville. Whenever this section refers to the Stormwater
Administrator, it includes his or her designee as well as any authorized
agent of the Town of Gibsonville.
(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 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 article, responsible person(s) shall include but
not be limited to:
(1) 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,
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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.
(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 or development of the property.
10-5.2 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
(1) 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 Town of Gibsonville may disapprove, any
request for permit or development approval or authorization
provided for by this ordinance or the Town of Gibsonville for the land
on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the
Town of Gibsonville 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.
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(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 written authorization of the Town of Gibsonville, may cause
the violation to 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 will be assessed as
established in Section 8-5.1 of the Town's Land Development Ordinance
or up to the full amount of any penalty to which the Town of Gibsonville
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.
10-5.3 Procedures
(A) Initiation/Complaint
When ever 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,
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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
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 Town of Gibsonville, 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 30-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
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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
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 article.
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10-6 DEFINITIONS
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.
1-year, 24-hour Storm
A stormwater event which occurs on average once every year or statistically has a
100% chance on average of occurring in a given year. The 1-year, 24 hour storm
produces approximately 3.0 inches of rain in the Gibsonville area.
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.
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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.
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
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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.
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 veloTown, amount, timing, or other
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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
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.
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10-7 ILLICIT DISCHARGES
10-7.1 Illicit Discharges and Connections
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal,
pouring, or pumping directly or indirectly to any stormwater conveyance,
the waters of the State, or upon the land in manner and amount that the
substance is likely to reach a stormwater conveyance or the waters of
the State, any liquid, solid, gas, or other substance, other than
stormwater; provided that non-stormwater discharges associated with
the following activities are allowed and provided that they do not
significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10)Irrigation water;
(11)Flows from emergency fire fighting;
(12)Springs;
(13)Water from crawl space pumps;
(14)Footing drains;
(15)Lawn watering;
(16)Individual residential car washing;
(17)Flows from riparian habitats and wetlands;
(18)Dechlorinated swimming pool discharges;
(19)Street wash water; and
(20)Other non-stormwater discharges for which a valid NPDES
discharge permit has been approved and issued by the State of
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North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by The
Town of Gibsonville.
Prohibited substances include but are not limited to: oil, anti -freeze,
chemicals, animal waste, paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater
conveyance system that allow the discharge of non-stormwater,
other than the exclusions described in section (a) above, are
unlawful. Prohibited connections include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers,
wash water from commercial vehicle washing or steam cleaning,
and waste water from septic systems.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any
other ordinance prohibiting such connections, the property owner or
the person using said connection shall remove the connection within
one year following the effective date of this ordinance. However, the
one-year grace period shall not apply to connections which may
result in the discharge of hazardous materials or other discharges
which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property,
natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose
an immediate threat to health and safety, or is likely to result in
immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or ordinance,
other than this section;
(4) The Stormwater Administrator shall designate the time within which
the connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into
consideration:
(a) The quantity and complexity of the work,
(b) The consequences of delay,
(c) The potential harm to the environment, to the public health, and
to public and private property, and
(d) The cost of remedying the damage.
Umm

(C) Spills
Spills or leaks of polluting substances released, discharged to, or having
the potential to be released or discharged to the stormwater conveyance
system, shall be contained, controlled, collected, and properly disposed.
All affected areas shall be restored to their pre-existing condition.
Persons in control of the polluting substances immediately prior to their
release or discharge, and persons owning the property on which the
substances were released or discharged, shall immediately notify the
Gibsonville Fire Department of the release or discharge, as well as
making any required notifications under state and federal law.
Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as
a result of said spill or leak, nor shall such notification relieve any person
from other liability which may be imposed by State or other law.
(D) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm
water discharge permit shall comply with all provisions of such permit.
Proof of compliance with said permit may be required in a form
acceptable to the Town of Gibsonville prior to the allowing of discharges
to the MS4.
10-7.2 Right of entry
(A) Authority to Inspect.
Whenever necessary to make an inspection to enforce any provision of
this Ordinance, or whenever the Stormwater Administrator has cause to
believe that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this Ordinance, the
Stormwater Administrator may enter such premises at all reasonable
times to inspect the same and to inspect and copy records related to
storm water compliance. In the event the owner or occupant refuses
entry after a request to enter and inspect has been made, the Town is
hereby empowered to seek assistance from any court of competent
jurisdiction in obtaining such entry.
(B) Authority to Sample, Establish Sampling Devices, and Test.
During any inspection as provided herein, the Stormwater Administrator
may take any samples and perform any testing deemed necessary to
aid in the pursuit of the inquiry or to record site activities.
10-49

10-7.3 Enforcement.
(A) Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated
a prohibition or failed to meet a requirement of this Ordinance, the
Stormwater Administrator may order compliance by written notice of
violation to the responsible person. Such notice may require without
limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and
desist;
(4) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property;
and
(5) Payment of a fine to cover administrative and remediation costs;
and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is
required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by the Town or a contractor
designated by the Stormwater Administrator and the expense thereof
shall be charged to the violator.
(B) Violations Deemed a Public Nuisance
Illicit discharges and illicit connections which exist within the Gibsonville
Town Limits and Extra -territorial Jurisdiction are hereby found, deemed,
and declared to be dangerous or prejudiced to the public health or public
safety and are found, deemed, and declared to be public nuisances and
may be summarily abated or restored by the Town at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken by the Town.
10-50

Riparian Buffer Protection Ordinance
Town of Gibsonville, North Carolina
Adopted November 1, 2010
Revised: December 5, 2016

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TABLE OF CONTENTS
Section1. Authority............................................................................................................ 1
Section2. Purpose and Intent.............................................................................................. 1
Section3. Title.................................................................................................................... 1
Section4. Jurisdiction......................................................................................................... 1
Section5. Applicability....................................................................................................... 1
Section 6. Relation to Other Ordinances............................................................................. 1
Section 7. Riparian Area Protection within the Jordan Reservoir Watershed ..................... 2
A. Buffers Protected................................................................................................ 2
B. Exemption Based on On —site Determination...................................................... 3
C. Exemption when Existing Uses are Present and Ongoing .................................. 3
D. Zones of the Riparian Buffer.............................................................................. 5
E. Diffuse Flow Requirements................................................................................ 5
Section 8. Potential Uses and Associated Requirements.................................................... 5
A. Approval for New Development......................................................................... 5
B. Table of Uses....................................................................................................... 6
C. Requirements for Categories of Uses............................................................... 19
Section 9. Permits Procedures, Requirements, and Approvals ......................................... 20
A. Determination of No Practical Alternatives / Request for Authorization
Certificate.......................................................................................................... 20
B. Variances........................................................................................................... 21
C. Mitigation..........................................................................................................22
Section 10. Compliance and Enforcement........................................................................ 27
A. Site Inspections................................................................................................. 27
B. Civil Penalties................................................................................................... 28
C. Criminal Penalties.............................................................................................
29
D. Injunctive Relief................................................................................................
29
Section11. Severability....................................................................................................
30
Section 12. Effective Date................................................................................................
30
Section 13. Revisions to this Ordinance...........................................................................
30
Section14. Definitions......................................................................................................
30

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Section 1. Authority
This Ordinance is adopted pursuant to the authority vested in the Town of Gibsonville 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 Town of Gibsonville.
Section 2. Purpose and Intent
The purposes of the Town of Gibsonville 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 Town of Gibsonville Riparian Buffer Protection
Ordinance.
Section 4. Jurisdiction
This Ordinance shall be applied to all land within the planning jurisdiction of the Town of
Gibsonville.
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
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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 Town of Gibsonville shall make an on -site
determination. A Town of Gibsonville 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 http://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 Town of
Gibsonville may accept the results of a site assessment made by
another party who meets these criteria. Any disputes over on -site
2/33

determinations made according to this Item 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. 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
Town of Gibsonville. Upon request, a Town of Gibsonville 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 Town of Gibsonville 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:
3/33

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
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 Town of
Gibsonville 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 Town of
Gibsonville prior to the effective date of this Ordinance.
e. Projects that have a vested right per North Carolina General
Statutes § 160A-385.1.
4/33

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
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
Town of Gibsonville 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;
5/33

2. Received an Authorization Certificate from the Town of Gibsonville
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).
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.(Q 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 Town of Gibsonville 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 Town of Gibsonville, 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.
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• Riprap shall not be used unless it is necessary to stabilize a tower.
• 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 Town of Gibsonville 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 Town of Gibsonville, 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 Town of Gibsonville 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 Town of
Gibsonville.
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3. Allowable with Mitigation.
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 Town of Gibsonville.
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 Town of Gibsonville. 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
Town of Gibsonville 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;
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b. The Town of Gibsonville determines that the applicant has failed to
furnish requested information necessary to the Town of
Gibsonville 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 Town of
Gibsonville's decision.
4. The Town of Gibsonville 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 Town of Gibsonville may grant minor variances. For major
variances, the Town of Gibsonville 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 Town of Gibsonville 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 Town of Gibsonville 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 Town of Gibsonville pursuant to G.S.
153A-Article 18, or G.S. 160A-Article 19. The Town of Gibsonville
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 Town of Gibsonville
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 Town of Gibsonville has determined that a major
variance request meets the requirements in Section 9.(B)(1) 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 Town of Gibsonville,
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
22/33

The Town of Gibsonville shall issue a mitigation approval upon
determining that a proposal meets the requirements set out in this
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 Town of Gibsonville 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 Town of Gibsonville 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
23/33

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
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
24/33

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
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 Town of Gibsonville 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
25/33

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
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;
e. 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 Town
of Gibsonville. The restoration or enhancement plan shall contain
the following:
i. A map of the proposed restoration or enhancement site;
26/33

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;
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 Town of Gibsonville has approved the
restoration or enhancement plan, the applicant shall present proof
to the Town of Gibsonville 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 Town of Gibsonville 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 Town of
Gibsonville 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 Town of Gibsonville, 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 Town of
Gibsonville 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
27/33

served upon that person. The notice may be served by any means
authorized under G.S. IA-1, rule 4. In the event service cannot be
accomplished by registered or certified mail, it may be
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 Town of Gibsonville 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 Town of Gibsonville 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 Town of
Gibsonville Board of Aldermen within 30 days after the date the
written demand for the hearing is received by the Town of Gibsonville
Board of Aldermen. The board conducting the hearing shall make its
recommendation to the governing body of the Town of Gibsonville
within 30 days after the date of the hearing.
4. Final Decision.
28/33

C.
r
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. IA-1, Rule 4.
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 Town of Gibsonville 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 Town of Gibsonville as nontax revenue.]
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.
Injunctive Relief
1. Civil Action in Superior Court
Whenever the governing body of the Town of Gibsonville 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 Town of Gibsonville 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
29/33

to the proceedings from any civil or criminal penalty prescribed for
violations of this Ordinance.
E. Compliance with Requirements
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 Town of Gibsonville Board of Aldermen.
Section 13. Revisions to this Ordinance
The Town of Gibsonville 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 Town of Gibsonville 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
30/33

space over land or water, interests in airport hazards outside the boundaries of
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:
1. 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
31/33

2. It occurs after the compliance date set out in Sub -Item (4)(d) of Rule
.0265 (Jordan Water Supply Nutrient Strategy: Stormwater
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 213.0262 through .0273 and .031 l (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
32/33

flood -prone areas to its natural or referenced, stable conditions considering
recent and future watershed conditions. This process also includes restoring
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

Riparian Stream Bu
_ .�&
A riparian buffer is an area along a stream that remains wooded and vegetated.
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.
The Town 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 Town Hall.
Zone 1 — 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-
lowed to be cut or removed without approval from the Town. In addi-
tion, buildings, parking lots, driveways, or other impervious surfaces
(surfaces that water cannot penetrate) are prohibited in Zone 1.
Zone 2 — A 20' wide strip that is adjacent to Zone I but with a few more
maintenance allowances. For example, Zone 2 allows lawns to be main-
tained and trees to be removed. However, similar to Zone 1, buildings,
parking lots, driveways, or other impervious surfaces are prohibited in
Zone 2.
Questions?
Exemptions
A grandfather clause exists in the
riparian buffer protection ordinance
that allows existing uses to continue
as long as the use is present and on-
going within the riparian buffer as
of the implementation date of the
ordinance.
However if these uses change then
the buffer ordinance applies. If you
have a question about existing or
new uses of the buffer, please
contact Town Planner, Brandon
bi Parker.
What do Riparian Buffers
Do?
Stream Buffers are an essential
part of a healthy ecosystem. They
provide many benefits including:
• Improved Water Quality.
• Reducing Stream Bank Ero-
sion.
• Limiting Flooding Impacts.
• Provide Habitat for Animals &
Aquatic Insects.
• Controlling Water Tempera-
ture for Streams.
• Limiting Nutrient Runoff.
Contact Town Planner Brandon Parker at [phone].

FOR OFFICE USE ONLY
Review Fee:
Town of Gibsonville PernitNo.:
Date Issued:
Stormwater Permit Application Date Paid:
Check No.:
Rec'd By:
Town of Gibsonville 129 West Main Street Town web site:
Telephone: [phone] Gibsonville, NC 27249 www.gibsonville.net/
Fax: [phone]
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
KITO7 IXI ["L
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable) :
DISTURBED AREA:
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).
Project DU/Acre: Project BUA %:
Section B.
APPLICANT INFORMATION
Owner (Owner or Developer)
Owner:
Company:
Address:
Fax No:
Email Address:
Phone No.:
Fax No:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name:
Company:
Address:
Phone No.:
Fax No.:
Town of Gibsonville Stormwater Application Page 1

Zip:
Fax No: Email Address:
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
All drawings sealed, signed and dated by a NC Professional Engineer or
Landscape Architect.
2. Sheets shall be no larger than 36" x 24" plan and profile paper.
Minimum text size shall be 1/8".
4. 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.
All drawings to be in North Carolina State Plane coordinate system.
6. 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).
10. Benchmark elevations and locations shall be shown on plan view.
11. Plan views shall have a north arrow on each drawing.
12. 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.
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
Town of Gibsonville Stormwater Application Page 2

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 Town's Phase Il Stormwater Ordinance.
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. Town limits, county lines, and other jurisdiction lines, if any.
22. Streams, ponds, wetlands, and topographic features. 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.
Town of Gibsonville Stormwater Application Page 3

30. Soil information: type, special characteristics.
31. Name and classification of receiving water course.
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).
Town of Gibsonville Stormwater Application Page 4

50. Pre -construction and post -construction design calculations and hydrographs.
51. Design calculations of culverts and storm sewers.
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
❑ 1 sets of plans
❑ 1 set of calculations
❑ 1 copy of narrative
❑ Operation and Maintenance Agreement
❑ Application Fee
❑ PDF of all of the above
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
Town of Gibsonville Stormwater Application Page 5

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 Town's Phase II Stormwater Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
Date
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the Town of Gibsonville.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Date
Town of Gibsonville Stormwater Application Page 6

Stormwater Permit #:
TOWN OF GIBSONVILLE, NORTH CAROLINA
STORMWATER PERMIT
On the date listed below, the Town of Gibsonville Stormwater Administrator received a request to consider the
following application:
Application Date:
Record Owner(s):
Property Location:
Parcel Identification Number, and Lot #:
Impervious Coverage (acres):
❑ High Density ❑ Low Density
Type and number of BMPs proposed:
Approval Date:
Acreage:
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 Town of Gibsonville Phase II Stormwater Ordinance.
SECTION 2. CONDITIONS: Therefore, the above r�ferenced'site and land used is hereby approved and
subject to all applicable provisions of the Town of Gibsonville 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:
1. permit shall be valid for iodof 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 Town of
Gibsonville. If, after two years the permitted activity has not begun nor a valid building permit secured,
his 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 Gibsonville Planning
Department except that the Gibsonville 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 Town 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
Gibsonville Planning Department prior to any land disturbance or filling of land located within Special
Flood Hazard Areas.
Form SWP-1 I of 3 July 1, 2007

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 regula
SECTION 4. DEED RESTRICTION -PROTECTIVE COVENANT. The following italicized deed
restrictions and protective covenants shall be recorded for all subdivisions, outparcels, and future de ment
prior to the sale of any lot.
Development of subject property is required to be in accordance with the Town's Nationa Pollutant
Discharge elimination system (NPDES) Phase II Stormwater Permit and Phase H Stormwater Ordinance.
The recording of this document establishes an enforceable restriction of praperty 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 pr plans. Any alterations to the ' shall not be
permitted without review and approval by the nNre
ille.
SECTION 5. SEVERABILITY. Invalidation of a%yof the conditio set forth herein shall not
adversely affect the balance of said conditions, which sin full force and effect.
[Stormwater Administrator] date
NORTH CAROLINA
ALAMANCE COUNTY
I, a Notary Public of the aforesaid County and State, certify that
personally appeared before me and acknowledged that he is Stormwater Administrator of
the Town of Gibsonville, North Carolina and pursuant to authority duly given, and as an act of the County, he
executed this Agreement for the purpose herein expressed.
WITNESS my hand and Notarial Seal this the day of , 20
My Commission Expires:
NOTARY PUBLIC
(Seal)
I, , owner(s) of the subject property, do hereby acknowledge receipt of this Stormwater
Permit and agree to the conditions stated within. I further acknowledge that no work may be done pursuant to
this permit except in accordance with all of the conditions and requirements listed and that these conditions and
requirements shall be binding upon me and my successors in interest and shall run with the land in perpetuity.
Form SWP-1 2 of 3 July 1, 2007

Stormwater Permit #:
ATTEST:
[NAME], Owner
[name], Owner
NORTH CAROLINA
ALAMANCE COUNTY
I, , a Notary Public, do hereby certify that [owner name(s)] personally
appeared before me this day and acknowledged that [he/she/they] [is/are
WITNESS my Hand and Official Seal, this
My Commission Expires:
s) of [address].
20
Form SWP-1 3 of 3 July 1, 2007

Town of Gibsonville
Telephone: [phone]
Fax: [phone]
Town of Gibsonville
Stormwater As -built Submission
Form
129 West Main Street
Gibsonville, NC 27249
FOR OFFICE USE ONLY
Permit No.:
Rec'd By:
Date Rec'd:
Town web site:
www.¢ibsonviRe.net/
Prior to obtaining a Certificate of Occupancy, the following items must be provided to the
Gibsonville 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
❑ Photos of BMP
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 Gibsonville 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 Gibsonville 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:
(Signature Required)
(Print Name)
Date:
Seal

Town of Gibsonville FOR OFFICE USE ONLY
Permit No.:
1310-RETENTION BASIN Date Rec'd.:
Rec'd By:
Statement of Certification
Town of Gibsonville 129 West Main Street Town web site:
Telephone: [phone] Gibsonville, NC 27249 www.gibsonville.net/
Fax: [phone]
Bio-Retention Cell Identification:
Description
Slope of embankments (3:1)
Elevations on the following:
Bypass Structure
Surface
Top of Dam
Surface Area (SF)
Ponding Area (SF)
Minimum Volume Required (CF)
Volume Provided (CF)
Groundcover
Underdrains
Internal Water Storage Provided
Size & Material of Bypass Structure
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 first one
(name of plat)
inch of rain over the total drainage area, is duly recorded in the Office of the County
Register of Deeds, and has been completed in conformance with the approved plans and
specifications dated
(approval date)
SIGNATURE
DATE
(Seal)

Town of Gibsonville FOR OFFICE USE ONLY
Permit No.:
�- WET DETENTION POND DateRec'd.:
Rec'd By:
Statement of Certification
Town of Gibsonville
Telephone: [phone]
Fax: [phone]
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
129 West Main Street
Gibsonville, NC 27249
Town web site:
www.eibsonville.net/
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.)

Town of Gibsonville FOR OFFICE USE ONLY
Permit No.:
SAND FILTER DateRec'd.:
Rec'd By:
Statement of Certification
Town of Gibsonville 129 west Main Street City web site:
Telephone: [phone] Gibsonville, NC 27249 www.gibsonville.net
Fax: [phone]
Sand Filter Identification:
Description
Design As -built
Sand Filter Type
Sediment Chamber Specifications:
Sediment Chamber Bottom Elevation
Sediment Chamber Depth
Sediment Chamber Surface Area (ft)
Sediment Chamber Volume (ft3)
Sand Filter Chamber Specifications:
Elevation at Top of Filter Media
Depth of Filter Media
Filter Bed Area
Volume
Type & Size of Filter Media
Percent of Water Quality Volume
Stored in Sediment Chamber & Facility
Underdrain System Specifications:
Size & Type of Perforated Pipe
Type (of Stone) and Thickness of
Filters Around Perforated Pipe
Number of Branch Lines
Invert Elevation of Underdrain and Outlet
Invert Elevation of Overflow/Bypass
Structure
Town of Gibsonville Sand Filter Certification Page 1
Town of Gibsonville Sand Filter Certification Page 1

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 first one
(name of plat)
inch of rain over the total drainage area, is duly recorded in the Office of the County
(county locates)
Register of Deeds, and has been completed in conformance with the approved plans and
specifications dated
(approval date)
SIGNATURE
DATE
(Seal)
Town of Gibsonville Sand Filter Certification Page 2

Town of Gibsonville FOR OFFICE USE ONLY
Permit No.:
SAND FILTER DateRec'd.:
Rec'd By:
Statement of Certification
Town of Gibsonville 129 West Main Street City web site:
Telephone: [phone] Gibsonville, NC 27249 www.2ibsonville.net
Fax: [phone]
Sand Filter Identification:
Description
Design As -built
Sand Filter Type
Sediment Chamber Specifications:
Sediment Chamber Bottom Elevation
Sediment Chamber Depth
Sediment Chamber Surface Area (ft)
Sediment Chamber Volume (ft3)
Sand Filter Chamber Specifications:
Elevation at Top of Filter Media
Depth of Filter Media
Filter Bed Area
Volume
Type & Size of Filter Media
Percent of Water Quality Volume
Stored in Sediment Chamber & Facility
Underdrain System Specifications:
Size & Type of Perforated Pipe
Type (of Stone) and Thickness of
Filters Around Perforated Pipe
Number of Branch Lines
Invert Elevation of Underdrain and Outlet
Invert Elevation of Overflow/Bypass
Structure
Town of Gibsonville Sand Filter Certification Page 1
Town of Gibsonville Sand Filter Certification Page 1

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 first one
(name of plat)
inch of rain over the total drainage area, is duly recorded in the Office of the County
(county located)
Register of Deeds, and has been completed in conformance with the approved plans and
specifications dated
(approval date)
SIGNATURE
DATE
(Seal)
Town of Gibsonville Sand Filter Certification Page 2

STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
Town of Gibsonville
June 1, 2013

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
, hereinafter referred to as the "OWNER(S)"
and the Town of Gibsonville, North Carolina, hereinafter referred to as the "TOWN",
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 TOWN, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the TOWN and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Gibsonville, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the TOWN 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:
1. 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, 2013

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 Town. 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
Town 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 TOWN, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the TOWN deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The TOWN 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 TOWN shall approve the completed facility and issue final certificates of
occupancy, the Owner and/or maintaining entity shall furnish the TOWN 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 TOWN. 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 TOWN 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 TOWN may extend such periods of guarantee as the TOWN 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 TOWN 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 TOWN 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 TOWN will institute appropriate action to obtain compliance including
criminal or civil penalties, or both. In addition, the TOWN 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 TOWN 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, 2013

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.
Granting to the TOWN a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
d. Allow the TOWN to recover from the association and its members any and all costs
the TOWN 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 TOWN all of its expended
costs, after thirty (30) days written notice, shall constitute a breach of the agreement.
The TOWN 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 TOWN, 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
TOWN upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the TOWN hereunder.
10. This Agreement imposes no liability of any kind whatsoever on the TOWN and the
OWNER agrees to hold the TOWN 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, 2013

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
TOWN 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

TOWN OF GIBSONVILLE, NORTH CAROLINA
LI-A
Town of Gibsonville (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
0Coihi/�to] a
The foregoing Agreement was acknowledged before me this
20_, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
Town Attorney Date
day of
Form SWMA-1 6 of 6 June 2011

STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
Town of Gibsonville

Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of , 20 , by and between
, hereinafter referred to as the "OWNER(S)"
and the Town of Gibsonville, North Carolina, hereinafter referred to as the "TOWN",
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 TOWN, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the TOWN and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Gibsonville, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the TOWN 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 July 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 TOWN, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the TOWN deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The TOWN 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 TOWN,
the TOWN 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 TOWN 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 TOWN 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 TOWN.
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 TOWN. 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 TOWN, in its sole discretion, may
remedy the situation, and in such instances the TOWN 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
TOWN shall first consent to the expenditure.
c. 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 TOWN a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
Allowing the TOWN to recover from the association and its members any and all
costs the TOWN expends to maintain or repair the stormwater control and
management facility or to correct any operational deficiencies. Failure to pay to the
TOWN all of its expended costs, after thirty (30) days written notice, shall constitute
a breach of the agreement. The TOWN 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 TOWN to maintain or repair
any stormwater control measure or device, and that the TOWN 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 TOWN 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 TOWN, 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
TOWN upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the TOWN hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the TOWN and the
OWNER agrees to hold the TOWN 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 July 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)
M.
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
TOWN OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 July 1, 2007

TOWN OF GIBSONVILLE, NORTH CAROLINA
Los
Town of Gibsonville (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
TOWN OF
The foregoing Agreement was acknowledged before me this day of
20, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
Town Attorney Date
Form SWMA-1 6 of 6 July 1, 2007

Town of Gibsonville
Buffer Authorization
Application
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Date Issued:
Date Paid:
Check No.:
Rec'd By:
Town of Gibsonville 129 West Main Street Town web site:
Telephone: [phone] Gibsonville, NC 27249 www.gibsonville.net/
Fax: [phone]
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 2015

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 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.
A signed and sealed statement on the plans certifying that the Buffer Disturbance
shall comply with the Town'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 2015

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 2015

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 Town'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 Buffer
Impact Authorization issued by the Town of Gibsonville.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Form BUFFER AUTHAPP-1 4 of 4 January 2015

Gibsonville Project No.:
Applicant:
Project Name:
Date of Issuance of Buffer Authorization:
County:
Certificate of Completion
Upon completion of all work approved within the applicable Buffer Rules, and any subsequent modifications,
the applicant is required to return this certificate to the Town of Gibsonville Planning Department. This form
may be returned to the Town by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the Town of Gibsonville's Jordan Lake Riparian Buffer Protection
Ordinance, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the Town of Gibsonville's Jordan Lake Riparian Buffer Protection
Ordinance, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the Town of Gibsonville's Jordan Lake Riparian Buffer Protection Ordinance, the
approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.