Appendix-CD-1_Local_Ordinances

Appendix CD-1
Local Ordinances & Information
Local Ordinances are available at the following web sites:
City of Concord
City Ordinances including UDO
http://www.ci.concord.nc.us/cityhall_2.asp
Land Use Plans
http://www.ci.concord.nc.us/pcd/cd_ulp_0.asp
http://www.ci.concord.nc.us/pcd/cd_gateway_0.asp
http://www.ci.concord.nc.us/pcd/cd_downtown_0.asp
http://www.ci.concord.nc.us/pcd/cd_np_0.asp
http://www.ci.concord.nc.us/pcd/cd_ccp_0.asp
City of Kannapolis
Unified Development Ordinance (UDO)
http://www.ci.kannapolis.nc.us/UDO_0.asp
Kannapolis 2015 Land Use Plan
http://www.ci.kannapolis.nc.us/plan_10.asp
Long Range Transportation Plan (2000 – 2025) (Includes City of Concord)
http://www.ci.kannapolis.nc.us/downloads/TransportationPlan2000.pdf
City of Concord
OFFIC USE ONLY
Date Rec’d
Fee Paid
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality Permit Number
Page 1
SWU-264-103102
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a. Name of Public Entity
Seeking Permit Coverage
City of Concord
b. Ownership Status (federal,
state, or local)
Local
c. Type of Public Entity (city,
town, county, prison, school,
etc.)
City
d. Federal Standard Industrial
Classification Code
SIC 91 - 97
e. County(s)Cabarrus
f. Jurisdictional Area (square
miles)
53.56
Permanent 55,977g. Population
Seasonal (if available)
h. Ten-year Growth Rate 10.5%
i. Located on Indian Lands? Yes No
II. RPE / MS4 SYSTEM INFORMATION
a. Storm Sewer Service Area
(square miles)
53.56
b. River Basin(s) Yadkin
c. Number of Primary Receiving
Streams
9
d. Estimated percentage of jurisdictional area containing the following four land use activities:
• Residential 35
• Commercial 41
• Industrial 13
• Open Space 11
Total = 100%
e. Are there significant water
quality issues listed in the
attached application report?
Yes No
NPDES RPE Stormwater Permit Application
Page 2
SWU-264-103102
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy Yes No
b. Local Water Supply Watershed Program Yes No
c. Delegated Erosion and Sediment Control Program Yes No
d. CAMA Land Use Plan Yes No
IV. CO-PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co-permitting)
a. Do you intend to co-permit with
a permitted Phase I entity? Yes No
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co-permit
with another Phase II entity? Yes No
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
permittees?
Yes No
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
your permit obligations?
Yes No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity Cabarrus County
• Element they will implement Construction Site Runoff Controls
• Contact Person Tony Johnson
• Contact Address 65 Church Street , Concord NC 28025
• Contact Telephone Number [phone]
c. Are legal agreements in place
to establish responsibilities? Yes No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
NPDES RPE Stormwater Permit Application
Page 3
SWU-264-103102
VII. SIGNING OFFICIAL’S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name W. Brian Hiatt
Title City Manager
Street Address 26 Union Street S Concord NC 28025
PO Box PO Box 308 Concord NC 28026
City Concord
State NC
Zip 28025
Telephone [phone]
Fax [phone]
E-Mail [e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a. Name of Contact
Person
H. Allen Scott Jr.
b. Title Director of Environmental Services
c. Street Address
850 Warren Coleman Blvd. Concord, NC 28025
d. PO Box PO Box 308 Concord, NC 28026
e. City
Concord
f. State NC
g. Zip
28025
h. Telephone Number [phone]
i. Fax Number
[phone]
j. E-Mail Address [e-mail]
NPDES RPE Stormwater Permit Application
Page 4
SWU-264-103102
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
Permit Number
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
preconstruction approval
g. Ocean dumping permits under the
Marine Protection Research and
Sanctuaries Act
N/A
h. Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
NPDES RPE Stormwater Permit Application
Page 5
SWU-264-103102
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co-Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post-Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
City of Concord
Unified Development Ordinance
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.1. PURPOSE

City of Concord
Unified Development Ordinance 4-1 Adopted01/12/2006
ARTICLE 4.
ENVIRONMENTAL/LAND-DISTURBING
ACTIVITIES

Summary: This article regulates land-disturbing activities. All properties are subject to the requirements of Sec. 4-
4, 4-5, and 4-6. The requirements in Sec. 4-2, 4-3, and 4-7 are location-dependent and most relevant for properties
adjacent to or in close proximity to waterbodies. Property near waterbodies may be subject to water supply source
watershed protection, waterbody protection, and floodplain life and property protection requirements.

The first two sections after the Purpose focus on the protection of water quality. Sec. 4-2 regulates land uses and
densities in the proximity of drinking water reservoirs to protect them from pollution. Sec. 4-3 establishes
undisturbed buffers and vegetative setbacks to protect surface waters from soil erosion and pollutants.

The next two sections focus on minimizing negative impacts from stormwater. Sec. 4-4 mandates engineered
stormwater controls to minimize the qualitative and quantitative impacts of runoff and ensure compliance with
federal point source discharge requirements. These requirements are based on the permit conditions in NPDES
Permit No. NCS000423 (the City’s Phase II stormwater permit). Sec. 4-5 mandates the control of sedimentation and
erosion; however, the sedimentation and erosion control regulatory program is administered by Cabarrus County.

The next two sections focus on the protection of life and property. Sec. 4-6 regulates grading to protect existing
vegetation and utilities. Sec. 4-7 regulates land uses to minimize loss of life and property due to flood conditions.
Previously, these requirements were located in UDO Section 4.14 (Floodplain Protection Overlay District).

Areas regulated by Section 4-2, 4-3, and 4-7 are located in overlay districts. These districts are established and
boundaries are interpreted in accordance with Article 7: Zoning Districts and Dimensional Regulations.

Submittal requirements and process information for permits and plans required by this article are provided in
Article 6: Permits and Approval Processes.

TABLE OF CONTENTS
SECTION PAGE

4.1. PURPOSE ..................................................................................................................................................2
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION..................................................................3
4.3. WATERBODY BUFFERS ........................................................................................................................6
4.4. STORMWATER CONTROL ....................................................................................................................9
4.5. SEDIMENTATION AND EROSION CONTROL..................................................................................12
4.6. VEGETATION AND UTILITY PROTECTION.....................................................................................14
4.7. FLOODPLAIN LIFE AND PROPERTY PROTECTION.......................................................................15
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.1. PURPOSE

City of Concord
Unified Development Ordinance 4-2 Adopted01/12/2006
4.1. PURPOSE

Alterations to the natural contour and vegetation of
land can negatively impact the environment,
property, and people in the immediate vicinity of the
land disturbance and the environment, property, and
people living beyond the immediate vicinity of the
land disturbance. The purpose of this article
regulating land-disturbing activities is to:

• Protect water supply sources from pollution in
accordance with the Water Supply Watershed
Protection Act (NCGS §§ 143-214.5 and 143-
214.6) and to protect surface water quality as
required by the U.S. Clean Water Act, and
NPDES Permit, commonly known as the “Phase
II Permit”,

• Minimize soil erosion and pollutants entering
waterways in accordance with the Federal Clean
Water Act (33 USC §1251 et seq.) and abide by
the permit conditions imposed on Cabarrus
County by the U.S. Army Corps of Engineers for
the filling and operation of Lake Don T. Howell,

• Control and minimize the negative impacts of
stormwater runoff regardless of a development’s
proximity to waterways in accordance with the
National Pollutant Discharge Elimination System
– Regulations for Revision of the Water
Pollution Control Program Addressing Storm
Water Discharges (40 CFR Parts 9, 122, 123,
and 124),

• Protect property and waterways from damage
created by sedimentation and erosion in
accordance with the Sedimentation Pollution
Control Act of 1973 (NCGS § 113A-52) and
15A NCAC 04A,

• Preserve existing trees and vegetation to the
greatest extent possible and protect existing
utilities from damage created by land disturbing
activities, and

• Minimize loss of life and property due to flood
conditions.

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION

City of Concord
Unified Development Ordinance 4-3 Adopted01/12/2006
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION

4.2.1. APPLICABILITY.

No person shall perform land-disturbing activities
that cause or contribute to the contamination of the
City’s water supply. Property lying within a
Watershed Protection Overlay District shall be
subject to the remainder of the requirements of this
section and subject to the N.C. Division of Water
Quality’s Surface Waters and Wetlands Standards
(15A N.C. Administrative Code 02B).

4.2.2. WATERSHED PROTECTION
OVERLAY DISTRICTS.

Watershed Protection Overlay Districts (WPODs) are
established and their boundaries are interpreted in
accordance with new Article 9. WPODs are shown on
the City’s official Zoning Map. Water quality
classifications are assigned by the North Carolina
Environmental Management Commission in
accordance with 15A NCAC 02B .0100.

4.2.2.1. Coddle Creek Reservoir: WS-II Critical
Area and WS-II Balance of Watershed, and

4.2.2.2. Lake Concord: WS-IV Critical Area and
WS-IV Balance of Watershed.

4.2.3. TYPES OF DEVELOPMENT.

Water supply watershed protection requirements are
based on the intensity of the development and the
classification of the watershed area. There are
different standards for each type of watershed. There
is one set of standards for WS-II watersheds and
another for WS-IV watersheds. In turn each
watershed is divided into two areas – the critical area
within one-half mile of the water and the remainder
of the area in the watershed. The four watershed
areas are shown on the zoning map.

4.2.3.1. WS-II Coddle Creek Watershed: Land in
the Critical Areas.

4.2.3.1.1. Low-Density Developments.
Developments in the critical areas shall be classified
as low-density if no more than one dwelling unit per
two acres or no more than 6% built-upon area is
created.

4.2.3.1.2. High-Density Developments.
Developments in the critical areas shall be classified
as high-density if the development is not a Low
Density Development as defined in the previous
paragraph. High density developments in the critical
areas shall not exceed one dwelling unit per two acres
or no more than 24% built-upon area is created.

4.2.3.2. Land in the Balance of WS II Coddle
Creek Watershed Outside of the Critical Areas.

4.2.3.2.1. Low-Density Developments.
Developments in the balance of the watershed shall
be classified as low-density if no more than one
dwelling unit per acre or no more than 12% built-
upon area is created.

4.2.3.2.2. High-Density Developments.
Developments in the balance of the watershed shall
be classified as high-density if the development is not
a Low Density Development as defined in the
previous paragraph. Developments in this area shall
not exceed one dwelling unit per two acres or no
more than 30% built-upon area is created.

4.2.3.3. WS-IV Lake Concord Watershed: Land
in the Critical Areas.

4.2.3.3.1. Low-Density Developments.
Developments in the critical areas shall be classified
as low-density if no more than two dwelling units per
two acres or no more than 24% built-upon area is
created.

4.2.3.3.2. High-Density Developments.
Developments in the critical areas shall be classified
as high-density if the development is not a Low
Density Development as defined in the previous
paragraph. New developments shall not exceed 50%
built-upon area. Engineered stormwater controls shall
be used to control the first inch of rainfall.

4.2.3.4. Land in the Balance of WS IV Lake
Concord Watershed Outside of the Critical Areas.

4.2.3.4.1. Low-Density Developments.
Developments in the balance of the watershed shall
be classified as low-density if no more than two
dwelling unit per acre or no more than 24% built-
upon area is created, for developments with curb-
and-gutter.

4.2.3.4.2. High-Density Developments.
Developments in the balance of the watershed shall
be classified as high-density if the development is not
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION

City of Concord
Unified Development Ordinance 4-4 Adopted01/12/2006
a Low Density Development as defined in the
previous paragraph. New developments shall not
exceed 70% built-upon area. Engineered stormwater
controls shall be used to control the first inch of
rainfall.

4.2.3.5. Land in the Balance of the City Outside
of either Water Supply Watershed Area.

Shall meet the requirements found later in this Article
at § 4.4.3 BELOW.

4.2.3.6. Standards for All Developments in the
Watershed Areas.

4.2.3.6.1.1. Built-upon area shall not exceed 24% in
critical areas or 30% in the balance of the watershed.

4.2.3.6.1.2. Stormwater controls described in
Section 4.4.3.2 (Phase II high density development
standards) shall be provided,

4.2.3.6.1.3. A vegetative buffer at least 100-feet
wide shall be provided around the built-upon area.

4.2.3.6.1.4. Cluster developments may be permitted
if:

• Cluster development is otherwise permitted in
the underlying zoning district;

• Built-upon areas are designed and located to
minimize stormwater runoff impact to the
receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow
length through vegetated areas;

• Stormwater runoff from the development is
transported by vegetated conveyances to the
maximum extent practicable;

• Built-upon areas are located in an upland area
and away, to the maximum extent practicable,
from surface waters and drainageways;

• The non-built-upon area is vegetated;

• The vegetated area is preserved in an easement
in accordance with Section 4.3 of this Ordinance;
and

• A written agreement for the maintenance of the
vegetated area is written in a form acceptable to
the City Attorney by the developer and the
owners of the facility, if different than the
developer, prior to the construction, properly
executed, and recorded with the Cabarrus County
Register of Deeds at the expense of the
developer.

4.2.4. UNDISTURBED, VEGETATIVE
BUFFER WIDTHS.
Within Watershed Protection Overlay Districts, an
undisturbed, vegetative buffer shall be maintained
along all waterbodies in accordance with the widths
specified in Section 4.3 of this Ordinance.

4.2.5. ACTIVITIES AND STRUCTURES
WITHIN THE UNDISTURBED,
VEGETATIVE BUFFER.
No land-disturbing activity shall occur within the
undisturbed, vegetative buffer, except those provided
for in the following subsection.

4.2.5.1. Permitted Activities and Structures. The
following activities and structures shall only be
allowed if no practicable alternative exists and
provided that the activity and/or structure does not
pose a threat to the quality of the water supply. These
activities shall minimize built-upon surface area,
direct runoff away from the surface water, and
maximize the utilization of BMPs.

4.2.5.1.1. Stabilization of streambanks and
shorelines approved by the U.S. Army Corps of
Engineers;

4.2.5.1.2. Construction of water dependent
structures as approved by N.C. Division of Water
Resources, Department of Environment and Natural
Resources;

4.2.5.1.3. Construction of structures such as
flagpoles, signs, and security lights, which result in
only de minimis increase in impervious area as
approved by the Administrator;

4.2.5.1.4. Repair and/or reconstruction of any
existing building or built-upon area that has been
damaged or removed for any reason, provided:

o Repair or reconstruction is initiated within
twelve (12) months and completed within
two (2) years of such damage or removal;

o The total amount of space devoted to
built-upon area is not increased; and

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.2. WATER SUPPLY SOURCE WATERSHED PROTECTION

City of Concord
Unified Development Ordinance 4-5 Adopted01/12/2006
o The repair or reconstruction is otherwise
permitted under the provisions of this
ordinance.

• Construction of public works projects
such as road crossings and greenways. To the
extent practicable, the construction of new roads
in the critical areas should be avoided. The N.C.
Department of Transportation BMPs outlined in
"Best Management Practices for the Protection
of Surface Waters" shall be used for all road and
bridge construction projects. At a minimum,
utility corridors shall be fifteen (15) feet
landward from waterbodies; the N.C. Division of
Water Quality must approve exceptions.

4.2.5.2. Prohibited Activities and Structures. The
following activities and structures shall not be located
within the undisturbed, vegetative buffer:

• New development, except as provided in
Section 4.2.5.1 above;

• New or failing on-site sewage systems that
utilize ground absorption;

• New or inadequate sedimentation and
erosion control structures;

• Storage or disposal of junk, trash, or other
refuse;

• New facilities that would require spill
containment for toxic and hazardous
materials or existing facilities with
inadequate spill containment structures and
plans for toxic and hazardous materials;

• Improper management of stormwater runoff;
or

• Any other activity or structure found to pose
a threat to the quality of the water supply.

4.2.6. SPECIAL INTENSITY ALLOCATIONS.

New development may be established with up to
seventy percent (70%) of built-upon area as Special
Intensity Allocations (SIAs). SIAs shall be allocated
by the Administrator through the zoning compliance
permit process. The Administrator shall maintain a
record of the total acreage within each overlay
district that has been used as of the latest date. In no
case shall allocated acreage exceed the acreage
eligible for allocation. Up to 205.1 acres in the
balance of the Lake Concord watershed may be
allocated. The right to develop an SIA shall terminate
with the loss of the right to develop due to the
expiration of a Zoning Compliance permit or building
permit. In such cases, allocated acreage or unused
allocated acreage shall be returned to the unallocated
total acreage eligible for allocation. In no case shall
the built-upon area of an SIA exceed the built-upon
limitations of the underlying zoning district.

4.2.7. DUTIES OF THE ADMINISTRATOR.
The Administrator shall maintain records of the
administration of the Water Supply Source
Watershed Protection regulations and shall submit
any modifications of the regulations to the Division
of Water Quality, Division of Environmental Health,
and Division of Community Assistance. Additionally,
the Administrator shall submit an annual report of
each project receiving a variance and the reason for
the variance granted by the Board of Adjustment
during the previous calendar year on or before
January 1 of the following year.

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.3. WATERBODY BUFFERS

City of Concord
Unified Development Ordinance 4-6 Adopted01/12/2006
4.3. WATERBODY BUFFERS

4.3.1. APPLICABILITY.

No person shall perform land-disturbing activities
that cause or contribute to a violation of water quality
standards. Protective strips of land shall be
maintained on all sides of perennial streams,
intermittent streams, lakes, and other natural
waterbodies. The following areas are not subject to
the remainder of the requirements of this section:

4.3.1.1. Areas along streams or waterbodies shown
on the most recent United States Geodetic Survey
(USGS) 1:24,000-scale topographic map or NRCS
soils map when such streams or waterbodies do not
exist;

4.3.1.2. Lakes and impoundments created for animal
watering, irrigation, or other agricultural uses unless
the waterbody is part of a natural drainage way (i.e.,
unless the waterbody is located on a perennial
stream);

4.3.1.3. Water dependent structures located,
designed, constructed, and maintained to provide
minimal disturbance to the waterbody, the maximum
practicable nutrient and bacterial removal, and the
least practicable adverse effects on aquatic habitat
and water quality;

4.3.1.4. Roads, bridges, stormwater management
facilities, impoundments, and utilities where no other
practical alternative exists. These structures shall be
located, designed, constructed, and maintained to
provide minimal disturbance to the waterbody, the
maximum practicable nutrient and bacterial removal,
and the least practicable adverse effects on aquatic
habitat and water quality. At a minimum, utility
corridors shall be fifteen (15) feet landward from
waterbodies; exceptions must be approved by the
N.C. Division of Water Quality; and

4.3.1.5. Ditches that have been approved as part of a
stormwater management plan.

4.3.2. BUFFER AND SETBACK WIDTHS

Perennial and intermittent streams shall be protected
by an undisturbed buffer and a vegetated setback. An
undisturbed buffer shall protect lakes and
impoundments.

4.3.2.1. Perennial Streams. Buffers shall be
measured from the top of the stream bank landward
in a direction perpendicular to the movement of the
water in the stream. Setbacks shall be measured from
the buffer boundary landward in a direction
perpendicular to the edge of the buffer.

4.3.2.1.1. Undisturbed Buffers. The width
of the undisturbed buffer along a perennial stream
shall be fifty (50) feet plus four (4) times the average
percent slope of the land between the stream bank
and two hundred fifty (250) feet landward. The
maximum width of the undisturbed perennial stream
buffer shall be one hundred twenty (120) feet from
the top of the stream bank.

4.3.2.1.2. Vegetated Setbacks. The width of
the vegetative setback shall be twenty (20) feet.

Width = [50 + (4 x S)]
Minimum width: 50 feet (areas with flat slopes)
Maximum width: 120 feet (areas with steep slopes)
50 feet 4 x S
Buffer
Top of Stream
Bank
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.3. WATERBODY BUFFERS

City of Concord
Unified Development Ordinance 4-7 Adopted01/12/2006

Pre-development elevation of Point 1 in feet = E1
Pre-development elevation of Point 2 in feet = E2

S = E2 – E1 (feet) x 100
250 feet

Figure 4.3.2: Sample Calculation for Perennial
Stream Undisturbed Buffer.

4.3.2.2. Intermittent Streams. Buffers shall be
measured from the top of the stream bank landward
in a direction perpendicular to the movement of the
water in the stream. Setbacks shall be measured from
the buffer boundary landward in a direction
perpendicular to the edge of the buffer.

• Undisturbed Buffers. The width of the
undisturbed buffer along an intermittent
stream shall be twenty (20) feet.

• Vegetated Setbacks. The width of the
vegetative setback shall be ten (10) feet.

4.3.2.3. Lakes and Impoundments. Buffers shall
be measured from the normal high-water elevation
landward in a direction perpendicular to the edge of
the water. An undisturbed buffer shall be maintained
with a minimum of fifty (50) feet plus four (4) times
the average percent slope of the land between the
highest normal elevation of the water and two
hundred fifty (250) feet landward. For lakes and
impoundments, other than those identified in Sec. 4-
2, the maximum width of the undisturbed buffer shall
be one hundred twenty (120) feet from the normal
high-water elevation. A minimum 150-foot
undisturbed, vegetative buffer from the normal high-
water level shall be maintained on water supply
sources identified in Section 4.2.

4.3.3. ACTIVITIES AND STRUCTURES
WITHIN THE UNDISTURBED
BUFFER.

No land disturbing activity shall occur within the
undisturbed buffer, except those provided for in the
following subsections. Property owners shall
maintain undisturbed buffers in such a way to
maximize sheet flow of stormwater runoff to the
maximum extent practicable to reduce stormwater
velocity and filter pollutants. All disturbed areas
within the undisturbed buffer, allowed in accordance
with this section or not, shall be revegetated with
perennial vegetation as soon as practical after the
disturbance.

4.3.3.1. Permitted Activities and Structures. The
following activities and structures shall only be
allowed if no practicable alternative exists and
provided that the activity and/or structure does not
pose a threat to the quality of surrounding
waterbodies. These activities shall direct runoff away
from the surface water and maximize the utilization
of BMPs.

• Construction of utilities and maintenance of
utility easements, provided that utility
corridors are at least fifteen (15) feet
landward from waterbodies or their
locations have been approved by the N.C.
Dept. of Environment and Natural
Resources, Division of Water Quality,

• Construction and maintenance of
greenways, and

• Agricultural soil disturbing activities such as
plowing, grading, ditching, excavating that
conform to appropriate state and federal
regulations.

4.3.3.2. Prohibited Activities and Structures. The
following activities and structures shall not be located
within the undisturbed buffer:

• New on-site sewage systems utilizing
ground adsorption, and

• New structures.

4.3.3.3. Activities and Structures within the
Vegetative Setback. Property owners shall maintain
perennial vegetation within the vegetative setback.
All disturbed areas within the vegetative setback shall
be revegetated with perennial vegetation as soon as
practical after the disturbance.
Top of Stream
Bank
250 feet Point 1
Point 2
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.3. WATERBODY BUFFERS

City of Concord
Unified Development Ordinance 4-8 Adopted01/12/2006

4.3.3.4. Easements. Undisturbed buffers shall be
recorded as easements with the Cabarrus County
Registrar of Deeds at the expense of the developer
and dedicated to:

• A property owners association; or

• The Cabarrus Soil and Water Conservation
District; or

• The City of Concord; or

• A conservation organization.

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.4. STORMWATER CONTROL

City of Concord
Unified Development Ordinance 4-9 Adopted01/12/2006
4.4. STORMWATER CONTROL

4.4.1. APPLICABILITY.

No person shall perform land-disturbing activities
that cause or contribute to damage resulting from the
improper control of stormwater. All developments
shall control stormwater drainage and minimize the
negative qualitative and quantitative impacts of
stormwater runoff from the development regardless
of the development’s proximity to waterbodies.

4.4.2. TYPES OF DEVELOPMENT.

Stormwater control requirements are based on the
intensity of the development.

4.4.2.1. Low-Density Developments. Developments
shall be classified as low-density if all of the
following are true:

• No more than two dwelling units per acre are
created, and

• No more than 24% built-upon area is created.

4.4.2.2. High-Density Developments.
Developments shall be classified as high-density if at
least one of the following is true:

• More than two dwelling units per acre are
created, or

• Greater than 24% built-upon area is created.

4.4.3. STANDARDS.

4.4.3.1. Low-Density Developments. Phase II low
density developments shall:

• Use vegetative conveyances to the maximum
extent practicable, and

• Impose deed restrictions and protective
covenants to ensure that subsequent development
activities maintain the stormwater controls
consistent with the approved site plan or
construction plan.

4.4.3.2. High-Density Developments. Phase II
high-density developments shall:

• Utilize stormwater control measures that control
and treat the difference between the pre-
development and post-development conditions
for the 1-year 24-hour storm;

• The runoff volume drawdown time shall be a
minimum of 24 hours, but not more than 120
hours;

• Design all structural stormwater treatment
systems to achieve 85% average annual removal
of total suspended solids;

• Utilize stormwater management measures shall
comply with the requirements listed in 15A
NCAC 2H .1008(c), entitled General
Engineering Design Criteria for all Projects and
the Manual; and

• Impose deed restrictions and protective
covenants to ensure that subsequent development
activities maintain the stormwater controls
consistent with the approved site plan or
construction plan.

4.4.4. STORMWATER MANAGEMENT
PLANS.

For all land disturbances one acre or greater or
developments that create 20,000 square feet or more
impervious surface, including smaller projects that
are a part of a larger common plan of development or
sale, stormwater management plans shall be prepared
for, and shall be approved by, the Director of
Engineering upon the recommendation of the
Technical Review Committee pursuant to the
application for a stormwater permit. Stormwater
management plans shall:

4.4.4.1. Meet or exceed the criteria contained in 15A
NCAC 2H .1008(c) and 15A NCAC 2H .0126, as
either or both may be amended whichever is most
restrictive;

4.4.4.2. Demonstrate that proposed stormwater
facilities control the impacts of the development to
the maximum extent practicable and that those
facilities are designed to meet the criteria described
in the Manual;

4.4.4.3. Be signed and sealed by a qualified
professional engineer in the State of North Carolina;

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.1.

City of Concord
Unified Development Ordinance 4-10 Adopted01/12/2006
4.4.4.4. Include drawings, maps, supporting
calculations, specifications, and summaries as
outlined in the Manual;

4.4.4.5. Identify the stormwater impacts of the
proposed development. Stormwater impacts may
include:

• Effects on existing upstream and/or downstream
drainage systems and property,

• The ability of the natural drainage way to
accommodate additional stormwater runoff,

• Water quality impacts to receiving waterbodies,
and

• Site-specific criteria;

4.4.4.6. Demonstrate that stormwater runoff is
adequately conveyed through the development in a
drainage system. The drainage system shall:

• Control the volume of stormwater runoff in a
manner that prevents the post development
runoff rate from exceeding the pre-development
runoff rate, unless a maximum discharge rate has
been adopted for the applicable drainage basin
and the discharge does not exceed that rate;

• Control peak discharge in a manner that restricts
the volume of stormwater released from the
development to a rate no greater than the rate
that existed prior to the development. Detention
facilities shall be designed to maintain the pre-
developed runoff rate from:

o The 1-year, 24-hour design storm event,

o The 10-year, 24-hour design storm event,
and

o Any other event specifically required by the
Manual.

• Control total suspended solids, fecal coliform,
and other pollutants to levels required by the
Manual.

• Demonstrate the ability of the stormwater
facilities to control and treat the difference
between the pre-development and post-
development conditions for the 1-year 24-hour
storm. The runoff volume drawdown time shall
be at least 24 hours, but not more than 120 hours.

4.4.5. STORMWATER/GRADING PERMITS.
A stormwater/grading permit shall be received prior
to all land disturbances that require stormwater
management plans. The application process and
requirements for issuance of this permit are provided
in Article 6 and the Manual.

4.4.6. STORMWATER FACILITIES
INSPECTION AND MAINTENANCE.

A written inspection and maintenance agreement
shall be written in a form acceptable to the City
Attorney by the developer and the owners of the
facility, if different than the developer, prior to the
construction of any stormwater facilities, properly
executed, and recorded with the Cabarrus County
Register of Deeds at the expense of the developer.
The agreement shall:

4.4.6.1. Bind the developer and owners and all
subsequent owners, successors, and assigns to the
maintenance responsibility of the stormwater
facilities;

4.4.6.2. Include a provision allowing the required
inspection of the stormwater facility as defined in the
Manual;

4.4.6.3. Include a provision for accessing and
maintaining the stormwater facility as defined in the
Manual;

4.4.6.4. Include a provision allowing the City to
enter the property, perform all necessary work, and
assess the owners of the stormwater facility for the
cost of all work performed provided that the owner of
the stormwater facility does not take the necessary
corrective maintenance actions after being directed
by the City to do so within a reasonable time, in no
case more than sixty (60) days. The owners served by
the facility shall be jointly responsible to the City for
the maintenance of the facility and liable for any
costs incurred by the City pursuant to the said
agreement and all properties are jointly subject to the
imposition of liens for said costs.

4.4.6.5. Be recorded with the Cabarrus County
Register of Deeds at the expense of the developer.

4.4.7. EASEMENTS.

Stormwater facilities shall be located in a recorded
easement. The easement shall be recorded with the
Cabarrus County Register of Deeds at the expense of
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.1.

City of Concord
Unified Development Ordinance 4-11 Adopted01/12/2006
the developer. The following areas shall be contained
in the easement:

• The area(s) with the stormwater facilities,

• The area(s) proposed for on-site stormwater
storage, and

• Sufficient area for access to and maintenance of
the stormwater facilities.
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.5. SEDIMENTATION AND EROSION CONTROL

City of Concord
Unified Development Ordinance 4-12 Adopted01/12/2006
4.5. SEDIMENTATION AND EROSION CONTROL

4.5.1. APPLICABILITY.

No person shall perform land-disturbing activities
that cause or contribute to the violation of a water
quality standard or property damage resulting from
the improper control of sedimentation and erosion.
All developments shall control sedimentation and
erosion and minimize the negative impacts of
sedimentation and erosion on water quality and
property. SEDIMENTATION AND EROSION
CONTROL PERMITS ARE ISSUED ONLY BY
CABARRUS COUNTY. The following areas are not
subject to the remainder of the requirements of this
section:

4.5.1.1. Land disturbance of less than one acre of
land, provided that all of the following is true:

• Less than ten thousand square feet (10,000 ft2) of
land will be disturbed within a Class II or Class
III water supply watershed and all other
applicable water supply watershed protection
requirements are met, and

• Less than twenty thousand square feet (20,000
ft2) of land will be disturbed within a Class IV
water supply watershed and all other applicable
water supply watershed protection requirements
are met, and

• No land disturbance will occur within an
undisturbed perennial stream buffer or vegetative
setback, and

• No land disturbance will occur within an
undisturbed intermittent stream buffer or
vegetative setback, and

• No land disturbance will occur within an
undisturbed lake or impoundment buffer or
setback.

4.5.1.2. Land disturbance for farm purposes on a
bona fide farm;

4.5.1.3. Land disturbance for harvesting timber in
forestland;

4.5.1.4. Land disturbance requiring a permit in
accordance with the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes;

4.5.1.5. Land disturbance over which the State has
exclusive regulatory jurisdiction as provided in G.S.
113A-56(a); and

4.5.1.6. Land disturbance essential to protect human
life for the duration of an emergency.

4.5.2. SEDIMENTATION AND EROSION
CONTROL PLANS.

For all land disturbances subject to this section,
sedimentation and erosion control plans shall be
prepared for, and shall be approved by Cabarrus
County pursuant to the authority delegated to
Cabarrus County by the N.C. Department of
Environment and Natural Resources.

4.5.2.1. Sedimentation and erosion control plans
shall include drawings, maps, supporting
calculations, specifications, and summaries as
outlined in the Manual.

4.5.2.2. Sedimentation and erosion control plans
shall:

• Identify areas that are subject to severe erosion,

• Identify off-site areas that are vulnerable to
damage from sedimentation and/or erosion,

• Demonstrate techniques that will be used to
minimize the time of exposure of unvegetated
soil,

• Demonstrate techniques that will be used to
minimize the area of exposed unvegetated soil at
any one particular instant in time,

• Demonstrate techniques that will be used to
control stormwater runoff originating upgrade of
areas of exposed unvegetated soil,

• Demonstrate techniques that will prevent off-site
sedimentation damage, and

• Demonstrate measures that will be taken to
prevent the accelerated erosion of the waterbody
receiving stormwater runoff and to minimize
increased sedimentation of the waterbody.

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.5. SEDIMENTATION AND EROSION CONTROL

City of Concord
Unified Development Ordinance 4-13 Adopted01/12/2006
4.5.3. SEDIMENTATION AND EROSION
CONTROL PERMITS.

A sedimentation and erosion control permit shall be
received prior to all land disturbances subject to this
section. The application process and requirements for
issuance of this permit are administered by Cabarrus
County. This ordinance shall not be deemed to
interfere with or annul or otherwise affect in any
manner whatsoever any ordinance, rules, regulations,
permits, or easements, covenants, or other
agreements between parties, provided however that,
where this ordinance imposes greater restrictions and
controls with respect to sedimentation and erosion
control, the provisions of this ordinance shall prevail.

ARTICLE 4: LAND DISTURBING ACTIVITIES
4.6. VEGETATION AND UTILITY PROTECTION

City of Concord
Unified Development Ordinance 4-14 Adopted01/12/2006
4.6. VEGETATION AND UTILITY PROTECTION

4.6.1. APPLICABILITY.
No person shall perform land-disturbing activities
that remove natural vegetation without performing
the appropriate mitigation needed to protect water
quality and the aesthetics of the area. No person shall
perform land-disturbing activities that negatively
impact utilities. The following activities are not
subject to the remainder of the requirements of this
section:

4.6.1.1. Land disturbances of less than one acre of
land, provided that all of the following is true:

• No land disturbance will occur within a utility
corridor, and

• No land disturbance will occur within a
Watershed Protection Overlay District, and

• No land disturbance will occur within an
undisturbed perennial stream buffer or vegetative
setback, and

• No land disturbance will occur within an
undisturbed intermittent stream buffer or
vegetative setback, and

• No land disturbance will occur within an
undisturbed lake or impoundment buffer or
setback.

4.6.1.2. Land disturbance for farm purposes on a
bona fide farm; or

4.6.1.3. Land disturbance for harvesting timber in
forestland.

4.6.2. GRADING/STORMWATER PLANS
AND PERMITS.

4.6.2.1. For all land disturbances subject to this
section, grading/stormwater plans shall be prepared
for, and shall be approved by the Administrator
pursuant to the application for a grading/stormwater
permit. Grading/stormwater permits shall be issued
before developing or disturbing land. The application
process for grading/stormwater plans and permits are
found in Section 6.1.7. Grading/stormwater plans
shall:

• Include drawings, maps, supporting calculations,
specifications, and summaries as outlined in the
Manual1;

• Demonstrate techniques that will be used to
protect existing trees and vegetation from land-
disturbing activities. Removal of existing trees
and vegetation shall only be allowed if no
practicable alternative exists and their removal
does violate any other provisions of this
ordinance; and

• Demonstrate techniques that will be used to
protect existing utilities from land-disturbing
activities.

4.6.2.2. Vegetation Protection and Retention.
Grading/stormwater plans shall be designed to
preserve existing trees and vegetation to the greatest
extent possible and shall seek to incorporate existing
significant stands of trees as well as individual trees.
Certain excavation techniques used by utility
companies and others can cause removal of vital
roots, change drainage patterns and create conditions
that could kill trees and plant materials or make them
more susceptible to disease and deterioration. The
intent of these regulations is to recognize the need to
alter the landscape during site development activities
while setting out standards necessary to ensure tree
preservation to the greatest extent possible.

4.6.2.3. General Requirements. Existing trees and
vegetation that are to be preserved shall be protected
from all construction activities including installation
and/or replacement of utilities, earthwork operations,
movement and storage of equipment and materials
and dumping of toxic materials. Tree and vegetation
protection techniques shall be shown in the
Grading/stormwater Plans and shall be in
conformance with standard practices set forth in the
City of Concord Technical Standards Manual.

1 EDITOR’S FOOTNOTE Requirements now at
Appendix B7. Add stormwater requirements to
Grading permits.
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.7. FLOODPLAIN LIFE AND PROPERTY PROTECTION

City of Concord
Unified Development Ordinance 4-15 Adopted01/12/2006
4.7. FLOODPLAIN LIFE AND PROPERTY PROTECTION

4.7.1. APPLICABILITY.

No person shall perform land-disturbing activities
that increase the potential loss of life or property
caused by flooding. Property lying within the
Floodplain Protection Overlay District shall be
subject to the requirements of this section.

4.7.2. FLOODPLAIN PROTECTION
OVERLAY DISTRICTS.

Floodplain Protection Overlay Districts (FPODs) are
established and boundaries are interpreted in
accordance with Article 7. FPODs are shown on the
City’s Official Zoning Map(s).

4.7.3. ZONING CLEARANCE PERMIT
REQUIRED FOR FLOODPLAIN
DEVELOPMENT.

A zoning clearance permit is required for
development in a floodplain. The permit shall be
issued prior to all land disturbances subject to this
section. The application process and requirements for
issuance of the zoning clearance permit are provided
in Article 6.1.4.

4.7.4. ACTIVITIES AND STRUCTURES
WITHIN THE FLOODPLAIN
PROTECTION OVERLAY DISTRICT.

All activities and structures within the Floodplain
Overlay District shall meet the Water Supply Source
Watershed Protection (Section 4.2), Waterbody
Buffers (Section 4.3), Stormwater Control (Section
4.4), Sedimentation and Erosion Control (Section
4.5), and Vegetation and Utility Protection (Section
4.6) requirements.

4.7.4.1. General. New construction and substantial
improvements shall be:

• Constructed with materials and utility equipment
resistant to flood damage, and

• Constructed by methods and practices that
minimize flood damage.

4.7.4.2. Utilities.

4.7.4.2.1. New and replacement water supply
systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.

4.7.4.2.2. New and replacement sanitary
sewer and disposal systems shall be designed to
minimize or eliminate infiltration of floodwaters into
the system and discharge from the system into
floodwaters.

4.7.5. ACTIVITIES AND STRUCTURES
WITHIN THE FLOODWAY.

4.7.5.1. No encroachments, fill, new construction, or
substantial improvements shall be permitted in the
floodway unless and until approved by FEMA.
FEMA requires an engineering certification is
provided stating that the activity or structure would
not result in an increase in the flood level during a
base flood. Supporting calculations must also be
provided, and all other FEMA requirements must be
met.

4.7.5.2. Activities and structures permitted in
accordance with Section 4.7.5.1 above, shall meet the
requirements of Section 4.7.4 above.

4.7.5.3. The following activities and structures are
permitted within the floodway:

• General farming, pasture, outdoor plant
nurseries, horticulture, forestry, wildlife
sanctuary, game farm, and other similar
agricultural, quarrying, wildlife, and related uses;

• Ground level loading areas, ground level
automobile parking areas, rotary aircraft ports,
and other similar industrial and commercial uses;

• Tractor-trailer parking, provided that no trailers
are detached from tractors;

• Lawns, gardens, play areas, and other similar
uses;

• Golf courses, tennis courts, driving ranges,
picnic grounds, parks, swimming pools, hiking
or horseback riding trails, open space, and other
similar private and public recreational uses;

• Streets, bridges, utility lines, storm drainage
facilities, water supply facilities, and other
similar public utility uses, provided that this
activity in combination with the allowable
encroachment of the floodplain does not increase
the base flood elevation by more than one foot;
ARTICLE 4: LAND DISTURBING ACTIVITIES
4.7. FLOODPLAIN LIFE AND PROPERTY PROTECTION

City of Concord
Unified Development Ordinance 4-16 Adopted01/12/2006

• Temporary facilities such as displays, circuses,
carnivals, or similar transient amusement
enterprises;

• Boat docks, ramps, piers, or similar water-
dependant structures;

• Dams;

• Excavation; and

• Cantilevered portions of structures, provided that
the foundation and supports are located outside
the floodway and the underside of the
cantilevered portion is at least two feet above
base flood elevation.

4.7.6. ACTIVITIES AND STRUCTURES
WITHIN THE FLOODPLAIN.

All fill material within the floodplain shall be cut
from an adjacent portion of the floodplain on the
same deeded parcel, provided that the soil meets the
needed structural requirements. If the soil on the
same parcel does not meet the structural
requirements, fill material may be taken from another
parcel. The net result of cut and fill within the
floodplain area shall constitute no net loss to the
flood storage capacity of the floodplain. A
professional engineer shall certify that the activity or
structure would not result in an increase in the flood
level during a base flood outside property boundaries.
If change occurs within property boundaries,
applicant will be required to obtain a letter of map
amendment from FEMA prior to recording of final
plat..

4.7.7. DUTIES OF THE ADMINISTRATOR.

The Administrator shall:

4.7.7.1. Notify adjacent communities and the N.C.
Department of Crime Control and Public Safety,
Division of Emergency Management State
Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a
waterway, and submit evidence of such notification
to the Federal Emergency Management Agency,

4.7.7.2. Ensure that the flood-carrying capacity is
not diminished on altered or relocated waterways,

4.7.7.3. Prevent encroachments within floodways
unless approved by FEMA after a registered engineer
or surveyor provides an acceptable certification
stating that structures are appropriately flood-proofed
and all flood hazard reduction provisions of this
ordinance are met,

4.7.7.4. Interpret any conflicts between mapped
special flood hazard boundaries and field conditions,

4.7.7.5. Maintain copies of Letters of Map
Amendment approved by FEMA,

4.7.7.6. Make on-site inspections,

4.7.7.7. Issue Notices of Violation, stop-work
orders, revoke floodplain development permits, and
take all necessary corrective actions to enforce the
requirements of this section, and

4.7.7.8. Maintain all records of the administration of
this section and make records available from public
inspection.

City of Kannapolis
CITY OF KANNAPOLIS UNIFIED DEVELOPMENT ORDINANCE Appendix C

C-1
APPENDIX C
Design Standards for Streets and Utilities.

Table of Contents

C.1 GENERAL PROVISIONS.........................................................................................................................C-2

C.2 WATER AND SEWER..............................................................................................................................C-5

C.3 FIRE PROTECTION................................................................................................................................C-6

C.4 PUBLIC STREETS...................................................................................................................................C-9

C.5 STORMWATER MANAGEMENT........................................................................................................C-16

C-6 RESERVED..............................................................................................................................................C-20

C.7 STANDARD DETAILS AND CROSS-SECTIONS DRAWINGS.......................................................C-21
CITY OF KANNAPOLIS UNIFIED DEVELOPMENT ORDINANCE Appendix C

C-17
C.5. STORMWATER MANAGEMENT.

C.5.1. General Requirements.

• A storm water drainage plan shall be required to provide for the proper drainage of surface water. The storm
water drainage plan shall be designed in accordance with Section 9.2 of this Ordinance and as indicated below,
so that adjacent properties are not unreasonably burdened with surface waters as a result of the development of
the subdivision. No surface water shall be channeled or directed into a sanitary sewer. The storm water drainage
plan shall be approved by the Public Works Director.

C.5.2. Storm Water Drainage Plan.

• A storm water drainage plan submitted for approval under these provisions shall include, but shall not be
limited to the following information:

• A site plan showing existing and proposed buildings, existing utilities, storm water drainage facilities,
soil types, and ground cover.
• Site construction plans, grading plans, existing and proposed topography, existing and flow patterns,
and existing and proposed drainage system receiving runoff from the parcel.
• Drainage plan design date.
• Drainage area map and hydrologic engineering calculations including offsite drainage effecting the
property.
• Projected area of impervious cover and total land area.
• Proposed land use and development plans.
• A written description of the methodology used to analyze the pre- and post- development runoff with
supporting calculations and documentations.

• A storm water drainage plan submitted for approval under these provisions shall be prepared by a professional
engineer or landscape architect in accordance with the standards of this Ordinance and approved by the Public
Works Director.

• If a public storm drainage system is reasonably accessible to the subdivision either by being within or by
adjoining its boundaries, the subdivider or developer shall connect with such storm drainage system and shall
do all grading and ditching, and shall provide and install all piping, appurtenances and drainage structures
deemed necessary by the Public Works Director to properly carry surface water to the storm drainage system. If
the city determines that future development may require the use of the proposed storm drainage system that will
require larger storm drainage structures than proposed, the city will pay the difference of cost between the
proposed storm drainage system materials and the materials required for conveying stormwater flow from future
development.

• If a storm drainage system is not reasonably accessible to the subdivision, the subdivider shall do all grading
and ditching, provide and install all piping, appurtenances and structures that are necessary to properly carry the
surface water to locations within the boundaries of the subdivision which are acceptable to the Public Works
Director.

• The Public Works Director shall not approve a storm water drainage plan if the impervious cover which would
result from the development of the subdivision would increase storm water run-off from the subdivision unless
measures are taken to control and limit the run-off to the level which existed prior to the installation of the
impervious cover. This determination will be based on run-off figures for the two (2) year and ten-year (10-
year) frequency storm (a storm which could be expected to occur at least once in two (2) years and ten (10)
years). The city engineer may waive the requirement for a drainage plan if the land to be subdivided is part of a
CITY OF KANNAPOLIS UNIFIED DEVELOPMENT ORDINANCE Appendix C

C-18
larger tract which has received prior subdivision approval, and has implemented, an overall storm water
drainage plan under the provisions of this section, so long as run-off from the property to be subdivided will not
exceed the capacity of facilities constructed under the previously approved storm water drainage plan. The
detention facility must limit the 2-year and 10-year developed discharge rates to pre-developed peak discharge
rates. Emergency spillways shall be designed to accommodate 50-year frequency storms or as may be required
by the North Carolina Safe Dams Act. The allowable post-construction velocity from 10-year storm runoff in
the receiving water course from the discharge point of a detention facility is specified in UDO 9.2. In areas
specifically designated as sensitive water quality areas, [for example, within watershed protection overly
districts as shown on the Official Zoning Map (UDO 4.16), within the River/Stream Overlay District
(RSOD)(UDO 4.15), or other applicable Overlay Districts (UDO Article 4)] the more stringent design criteria
applies.

• Greater runoff or exemption from the on-site detention requirements may be permitted by the Public Works
Director if downstream stormwater management facilities are adequate for the conveyance or if the
development is adjacent to a receiving body of water such as a lake or river which can accommodate the 100
year frequency storm event.

• The use of overland drainage and retention as an integral part of the control of stormwater runoff is encouraged
where it benefits groundwater recharge and reduces long-term maintenance costs. The city encourages
developers to maximize the use of vegetated or natural areas, pervious pavement, discontinuous
imperviousness, and other structural and non-structural Best Management Practices (BMPs) when applicable
for the purpose of infiltrating and diffusing surface water flow. If the difference between pre-development and
post-development peak flows for the 2-year and 10-year storms is less than ten (10) percent through the use of
strucutrual and non-structural BMPs and if the development consists of less than 30 percent impervious surface,
the Public Works Director may waive the requirement for a stormwater detention facility.

• The Public Works Director may waive the requirements for a drainage plan if the land to be developed is part of
a larger tract which has received prior subdivision or development approval, and has implemented, an overall
stormwater drainage plan under the provisions of this section, so long as run-off from the property to be
subdivided will not exceed the capacity of facilities constructed under the previously approved stormwater
drainage plan.

C.5.3. Design Criteria.

• General design and construction criteria for detention facilities:

• Design and installation of all storm water detention or other impoundment facilities shall comply with
applicable federal, state and local laws.
• In no case, shall a habitable structure be located within the impoundment area of any storm water
detention facility or over a storm water drainage line.
• No utilities (sanitary sewer lines, underground power lines, water lines, etc.) shall be located within
any impoundment facility.
• No structures may be located over storm drain lines.
• Impoundment facilities located within automobile parking areas shall not exceed a maximum water
depth of ten (10) inches.
• All impoundment facilities will be considered permanent.
• Maintenance of all impoundment or detention facilities will be the responsibility of the property
owner. Adequate provisions for such private maintenance shall be included in a declaration of
covenants which shall be approved by the City Council and recorded by the Cabarrus or Rowan
County Register of Deeds. Failure to maintain a storm water detention or impoundment facility shall
be considered a violation of this ordinance and shall be subject to penalties as set forth in Article 1.6 of
this Ordinance.
CITY OF KANNAPOLIS UNIFIED DEVELOPMENT ORDINANCE Appendix C

C-19
• Impoundment or detention facilities which may impact existing storm drainage systems may be
required to be protected by a "drainage detention easement" recorded by the Cabarrus or Rowan
County Register of Deeds.
• Impoundment facilities which may impact existing storm drainage systems may be required to be
protected by a “drainage detention easement” recorded by the Cabarrus or Rowan County Register of
Deeds.
• Detention facilities within areas specifically designated as sensitive water quality areas, [for example,
within watershed protection overly districts as shown on the Official Zoning Map (UDO 4.16), within
the River/Stream Overlay District (RSOD) (UDO 4.15), or other applicable Overlay Districts (UDO
Article 4)] shall comply with the regulations and design criteria for those areas.

C.5.4. Specific design and construction criteria for detention facilities:

• Vegetated and rip-rap protected embankments shall have side slopes no steeper than 3:1 (h:v)within
open spaces and no steeper than 2:2 (h:v) elsewhere, and shall meet requirements of the Dam Safety
Act when necessary.
• Impoundment facilities located within automobile parking areas shall not exceed a maximum water
depth of six (6) inches in code-required parking areas, ten (10) inches in additional parking area, and
fifteen (15) inches in truck storage and loading areas.
• The stormwater detention facilities in High Quality Water (HQW) or source water protection areas
shall detain the first ½ inch of runoff and release the stored volume in not less than 18 hours and not
more than 36 hours.
• The following hydrologic soil groups shall apply for Cabarrus County, North Carolina:

Series Name Hydrologic Group
Altavista C
Appling B
Armenia D
Badin C
Cecil B
Chewacla C
Coronaca B
Cullen C
Enon C
Georgeville B
Goldston C
Herndon B
Hewassee B
Iredell C/D
Kirksey C
Mecklenburg C
Misenheimer C
Pacolet B
Poindexter B
Sedgefield C
Tatum C
Vance C
Wehadkee D

Source: United States Department of Agriculture, Soil Conservation Service, Soil Survey of Cabarrus
County, North Carolina, Table 16. Page 86 and pages 124-126 of the Soil Survey of Cabarrus County,
North Carolina shows permeability ratings by depth and type for each soil type.
CITY OF KANNAPOLIS UNIFIED DEVELOPMENT ORDINANCE Appendix C

C-20

• For stormwater management facility design criteria not included in Appendix C, the design of stormwater
management facilities shall be computed in accordance with Chapters 3 through 8 of the Charlotte Mecklenburg
Storm Water Design Manual (July 8, 1993)(hereinafter “Stormwater Manual”). The following sections of the
Stormwater Manual shall not apply to this Ordinance: 4.3.3 Flood Analysis, 4.13 Approximate Flood Limits,
5.4.2 Storm Drain Location, 5.4.3 Inlet Types and Spacing, 5.4.5 Cross Slope, 5.4.6 Curb and Gutter, and 7.1.2
Detention Facilities Used for Credits, including any references to the Charlotte-Mecklenburg Land
Development Standards Manual or to storm water fees.

• Stormwater detention or impoundment facilities shall be located on the site from which the run-off to be
controlled is generated; provided, however, that off-site impoundment facilities are acceptable provided the land
area involved within the facility is delineated on an acceptable map and officially recorded by the Cabarrus or
Rowan County Register of Deeds as a permanent “drainage detention easement.” Regional detention facilities
are allowed if approved by the Public Works Director and if the development plans provide for the proper
operation, inspection, and maintenance of the facilities in perpetuity through a restrictive covenant or other
legal, enforceable mechanism.

C.5.5. Inspection and Maintenance.

• Inspection and maintenance: The best maintenance is preventative, through proper design of bank slopes, outlet
structures, and other features of the detention structures. However, periodic inspection and maintenance of
detention structures is necessary to assure the proper operation of the facility. If privately owned detention
facilities are not maintained properly, the City may perform the necessary maintenance and assess the full cost
of such maintenance against the property.

Water Conservation Measures

Water Conservation Tips

Irrigate only when plants or your lawn need water.
Do not apply more than one inch of water per week.

Hand held hose with spring loaded nozzle should be
used to limit water waste.

Check all hoses, connectors and irrigation heads for
leaks.

Make sure your sprinklers are not watering the street,
driveway, or sidewalk.

Water during early morning hours or in the evening to
reduce evaporation.

Impact Of
Irrigation
How this affects you!

WATER VOLUME CHARGES
Inside City Residential Volume Charge
0-7,500 gallons/month $4.45/1,000 gallons
> 7,500 gallons/month $6.45/1,000
Base Charge $3.51
Inside City Irrigation Volume Charge
$6.45/1,000 gallons
Base Charge $3.51

Outside City Residential Volume Charge
0-7,500 gallons/month $5.34/1,000 gallons
>7,500 gallons/month $7.74/1,000 gallons
Base Charge $3.51
Outside City Irrigation Volume Charge
$7.74/1000 gallons
Base Charge $3.51

*Water and Wastewater rates are established by
Concord City Council and are subject to change
periodically.
How This Impacts You

In the City of Concord we practice water conservation measures
year round because our water resources are very limited. Our City
has three lakes that provide us with our water: Lake Howell, Lake
Fisher and Lake Concord. During the last five years we have seen
periods of drought, increased usage of irrigation systems and
immense growth which places heavy demands on our water
supplies. In 2001 the City began implementing water rates and
restrictions which encourage everyone to conserve water.

The typical four person household in Concord uses 6,000 gallons of
water per month. One of the most extravagant uses of water in any
City is the irrigation of lawns. Over watering, leaving irrigation
systems on during rainfall and irrigating lawns for hours place a
burden on our lakes. A lawn only needs one inch of water per
week.

One of the water conservation measures the City adopted was to
charge a higher fee to households who exceed the normal, average
water usage. The City uses the proceeds of your water bill to fund
water lines, to seek an interbasin transfer so that we may use water
from the Yadkin River Basin and the Charlotte Mecklenburg Water
System, and to operate water treatment plants 24 hours a day.

The bottom line is any household inside the city who uses more
than 7,500 gallons of water per month is charged $6.45 per 1,000
gallons. Irrigation will significantly impact your water bill, when
you use your domestic service due to the applied sewer charge of
$4.29 per 1,000 gallons. If you have a separate irrigation meter
inside the city you will only pay the water irrigation charge of
$6.45 per 1,000 gallons. If you are outside the city you will pay
only the water irrigation charge of $7.74 per 1,000 gallons.

We hope that you understand the importance that the quality of
water plays in our daily lives. If you have any questions, please
contact the City of Concord Water Resources Department at
704-920-5343 or visit our website at www.ci.concord.nc.us.