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2001_Annual_Report_App_C-J2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC C-1 Appendix C Town of Cary Water Shortage Response Plan and Water Shortage Conservation Ordinance POLICY STATEMENT 127 Water Shortage Response Plan Prepared by: Kim Fisher, Public Works/Utilities Director Supersedes: 5/11/00 Approved by Council: 4/12/01 Effective: 4/12/01 Purpose: To establish a Water Shortage Response Plan according to guidelines provided by the State Division of Water Resources In 1998, the NC Division of Water Resources updated its Water Shortage Response Handbook for North Carolina Water Supply Systems. According to the Handbook, municipalities should develop a Water Shortage Response Program, and include the following components: 1) adoption of an ordinance to provide authority to enact system measures to reduce demand in the case of an emergency; 2) development of a method to evaluate ability to meet demand; and 3) development of procedures for implementing appropriate water use restriction stages. Each of these components has been implemented by the Town of Cary, and is described below. 1. Adoption of Water Use Restriction Ordinance or Bylaw The NC Division of Water Resources recommends that every municipality adopt an ordinance to “provide for the declaration of a water shortage and specify voluntary and mandatory conservation measures to be imposed at each level of water shortage severity.” Two sections of the Town code provide staff authority to implement measures to address potential water shortages, including Section 19-44, Water Service Provided by Town Includes only Alternate Day Outdoor Irrigation; and Section 19-45, Water Shortage Conservation Measures. 2. Evaluation of Ability to Meet Demand The ability to meet demand is dependent on several components of the Town’s water supply system: the water source (Jordan Lake and/or purchase from others), raw water intake and pipeline, treatment plant, storage tanks, and distribution system. Town staff and the Town Manager continually evaluate the status of all these components to determine if a water shortage condition exists or is approaching. There are several indicators used by staff to signal the potential for a water shortage condition, which are described below: Jordan Lake Allocation Cary and Apex have a joint allocation of water supply storage volume in the Jordan Lake Water Supply Pool. The Division of Water Resources has recommended guidelines for monitoring the available raw water supply, based on the number of days the volume of water remaining in the allocated storage could meet current demands. Cary Public Works/Utilities staff track the amount of water in storage on a daily basis. The Division of Water Resources defines four water use reduction stages as shown in Table 1. Storage thresholds for considering implementation of the stages are based on levels recommended by the Division of Water Resources. TABLE 1 Water Use Reduction Stages and Associated Storage Thresholds Stage Description Days of Storage Remainin g Example Of Volume Remaining If Demand Is 10 Million Gallons Per Day Voluntary Potential for a serious shortage of water supply exists. 60 600 million gallons (MG) Mandatory Visible or measurable signs indicate that supplies are significantly lower than the seasonal norm and are diminishing. 50 500 MG Water Shortage Emergency The system is experiencing a water shortage. 30 300 MG Declaration of Rationing The supply is clearly inadequate and mandatory water allocation and other emergency measures are called for. 15 150 MG The thresholds in Table 1 are only guidelines – the actual implementation of specific water use reduction measures during periods of water shortage will be determined based on an assessment of all the factors influencing water supply. As an example, if demands are averaging 10 million gallons per day and storage falls below 630 million gallons, which represents 63 days of supply, voluntary measures - in addition to normal measures - would be considered. Available Water Index The Available Water Index (AWI) was developed by staff as a measure of the available treated water on a given day stored in the Town's elevated water tanks and ground storage reservoir at the water treatment plant. Water is provided by the Cary/Apex WTP year-round and additional water may be purchased from Durham or Raleigh under some conditions. If one or more of the Town’s water sources are unable to supply water on a given day, or if the demand for water exceeds treatment or pumping capacity, the AWI is affected. Decreasing AWI from one day to the next indicates that less treated water is available for use by the Town’s customers. The AWI informs Town staff when there is a trend toward critically low storage levels so that corrective action can be taken for the protection of public health and safety. The AWI normally ranges between 60 and 80. An AWI within this range ensures sufficient capacity within the system to meet daily water demand. When the AWI falls below 60, Town staff begin careful monitoring of supply and demand levels. If the AWI continues trending downward past 55, this situation indicates that the water system demand is potentially exceeding supply capacities and planning should begin for demand reduction. An AWI of 50 or less indicates that immediate measures must be taken to reduce demand and ensure water system viability. For example: After several weeks of drought and high irrigation demand, the index may be as low as 50 on Monday (the production of water was exceeded by the demand for water). Following an inch of rain on Tuesday, the index may climb to 65 (the stores of available water are climbing) and be as high as 75 by Wednesday when hardly any outdoor irrigation is occurring (production is significantly exceeding demand and the storage tanks and reservoirs are nearly full). The AWI normally ranges between 60 and 80. Levels lower than 60 trigger consideration of the following actions: • AWI < 60, begin careful monitoring of supply and demand • AWI < 55, begin planning demand reduction measures • AWI < 50, implement demand reduction measures Other Factors Other factors that will trigger evaluation of the potential for water shortage conditions include: • Sudden loss of supplemental water supplies during periods of high demand. • The occurrence of a major water transmission main break, fire, or any other emergency that would require high volumes of water, such that demand could exceed supply. • Indications of short or long-term water quality concerns regarding Jordan Lake or other sources. • Level of interbasin transfers relative to Cary and Apex’s interbasin transfer certificate amount. • DWR notification of low levels in Jordan Lake or the surrounding area, or overall regional water shortage conditions. 3. Procedure for Implementing Restriction Stages If the Jordan Lake allocation storage level, AWI, or other factors indicate the potential for a water shortage, the steps below are taken. Mandatory measures will remain in effect until declared otherwise by the Town Manager, and updates will be provided in the sequence outlined below. STEP 1. Water Treatment Plant Superintendent (or designee) or Water Resources Manager contacts the PWUT Director or Utilities Director. STEP 2. The PW/UT or UT Director (or designee) notifies the Town Manager. If appropriate, depending on the cause of the water shortage condition, the Apex Public Works Director and Town Manager and/or representatives of bulk users are also notified. The Town Manager then determines if implementation of water usage restrictions is appropriate. STEP 3: Once water usage restrictions are implemented, the following notifications are made: 1. The Town Manager (or designee) notifies the Mayor, Town Council, neighboring municipal contract water recipients, and town government departments. 2. The Public Information Officer (PIO) will contact the media (if the PIO is unavailable, media contacts will be made by the Town Manager’s designee). The media, including television, news, and radio, will inform the public. PWUT’s 469- 4090 number will be provided if additional information is needed by the public. 3. Utilities Customer Service will contact Finance Customer Service and the Water Distribution System Operator, and distribute a general e-mail so Town employees can help provide accurate information to the public. 4. Finance Customer Service will call major water customers (both irrigation and water accounts) and inform them of the implemented measures. 5. The Water Distribution System Operator will contact the Fire Department and coordinate with bulk users. Public Works and Utilities will supply fliers for distribution by field employees to place on customers’ doors or provide to customers that need more information. STEP 4. Public Works Operations will begin repairing water leaks on a high priority basis. STEP 5. Staff will regularly evaluate the ability to meet demand and make changes accordingly.ded in sequence outlined above. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville FINAL.DOC1 P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC D-1 Appendix D Town of Apex Draft Water Shortage Response Plan and Water Conservation Ordinance 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville FINAL.DOC1 P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC E-1 Appendix E Town of Morrisville Water Shortage Response Plan 1 Introduction________________________________ The purpose of this Water Shortage Response Plan is to provide a framework for making water supply and conservation decisions during times when water supplies in the region may be low. This Plan supplements the Town of Morrisville’s Water Shortage Conservation Measures Ordinance (Appendix A), which became effective September 11, 1995. Water Supply Assessment_ ___________________ The Town of Morrisville currently has a contract with the Town of Cary for 1 million gallons per day of water from B. Everett Jordan Lake. This water is treated at the Cary / Apex Water Treatment Plant. Morrisville may also receive a committed amount of up to 1.8 million gallons per day by contract with the City of Durham through April 30, 2002, and an uncommitted amount through June 30, 2008. Morrisville communicates closely with both of these communities to determine when conservation measures may be necessary. Upon completion of Round 2 of the Jordan Lake Water Supply Allocation process, Morrisville anticipates receiving an allocation of 2.5 percent of the Jordan Lake water supply pool, which is 687 acre feet or 373 million gallons. This is nominally equivalent to an average annual supply of 2.5 million gallons per day (mgd) based on the estimated 100-mgd yield of the full Jordan Lake water supply pool. The Town of Morrisville’s Jordan Lake allocation will be treated at the Cary / Apex WTP. Water use in Morrisville has steadily increased over the past three years and this trend is projected to continue in the near future. Average day demands for the Town of Morrisville are expected to increase from 0.857 mgd in 2000 to 4.0 mgd in 2050. Morrisville has submitted a draft application for an additional allocation from Jordan Lake in the Round 3 process. In general, the Town of Morrisville’s water supply is not extremely vulnerable to water shortages. Jordan Lake is a very reliable water source, since the water supply pool is only a small portion of the entire lake. During the time Jordan Lake has been used for water supply there have been no water shortage failures. However, only about a third of the estimated safe yield has been allocated, and not all of the allocations are being used. The reliability of Jordan Lake during drought conditions is currently being evaluated by the Division of Water Resources (DWR) using the Cape Fear Hydrologic Model. Connections to the water supplies of others (Cary and Durham) are sufficient enough so that there will be back-up supplies in the event of a failure that requires repair of major transmission lines. This gives the Town some flexibility in dealing with drought periods or other water supply emergencies. 2 Conservation Education Efforts_______________ The Town provides information to notify customers of conservation stages and to help discourage wasteful water use. Current and anticipated conservation education programs include: • Articles declaring stages of water conservation in the Board Briefs newsletter. • Newspaper articles in the Cary News. • Distribution of flyers with tips and reminders about water conservation. • Distribution of free rain gauges and conservation information. • Information and conservation tips on the Town’s website. • Posting of conservation stage information on entrances to Town buildings. Examples of many of these items can be found in Appendix B. Water Conservation Measures_________________ In order to reduce unaccounted-for water, the Town responds immediately to customer or staff observations of leaking water, and to customer inquiries about unusually high water bills. A new SCADA system is being installed to allow better tracking of water in the system and to identify potential problem areas. In addition, a new program will be implemented to replace older existing water meters and add remote meter reading electronics to new and existing meters in an effort to reduce reading and billing errors, and increase the accuracy of water use measurement. In recent years, the Town of Morrisville has instituted both voluntary and mandatory even-odd water conservation measures during the summer months, while relying on the Town of Cary and the City of Durham for information on the severity of water shortages. The Town has an officially appointed Local Water Shortage Management Task Force that consists of the Town Manager, Assistant Town Manager, and the Town Engineer. This Task Force monitors the status of Morrisville’s portion of the water supply pool and meets to assess the need for conservation measures. This group also communicates closely with the Town of Cary Department of Public Works and Utilities to assess other potential water shortage scenarios. Once the Task Force has determined the appropriate level of conservation for the Town of Morrisville, those measures will be implemented and administered by the Task Force. 3 Morrisville may obtain water from other sources in order to reduce water use from Jordan Lake without implementing water conservation measures. Conservation Stages Three stages of conservation measures that describe the condition of the water supply source are established for the Town of Morrisville. These stages or levels of conservation measures will be enacted when the conditions listed below exist. • Voluntary: potential for a serious shortage of water supply. • Mandatory: supplies are significantly lower than the seasonal norm and drought conditions are expected to persist. • Water Shortage Emergency: the water utility is experiencing a water shortage. These conditions will be determined by the Task Force, with input from the Town of Cary Public Works and Utilities Staff. The appropriate conservation stage may be determined by the Task Force as a result of any of the following conditions: • The usable water supply of the Town of Morrisville allocation in Jordan Lake has fallen below one of the thresholds below (in accordance with guidelines from the DWR Water Shortage Response Handbook for North Carolina Water Supply Systems): - Voluntary: 80% - Mandatory: 60% - Emergency: 40%; • The Town of Cary has instituted conservation measures; • There is inadequate treatment capability; • Water transmission capability is disrupted or inadequate; • Finished water storage problems exist to the level that normal needs cannot be met; • Any other unforeseen circumstance which results in or may result in a severe water shortage. Water Use Classification In addition, three classes of water use are defined as noted below: • Class 1: Essential Water Uses, including domestic, health care facilities, public and nonresidential. These uses are necessary for maintenance of public health. 4 • Class 2: Socially or Economically Important Uses, including domestic and commercial/public uses of water. • Class 3: Nonessential Uses, including residential/nonresidential and public uses. These can be restricted or totally banned without significant economic or social impacts. For specific examples of each class of water use, see Appendix C. Staged Conservation Measures Voluntary conservation measures are encouraged on an ongoing basis. Additionally, educational efforts are increased as the staged conservation levels begin. The specific actions that should be taken for each class of water use during the three stages of conservation are summarized below. (a) Declaration of voluntary conservation measures. Whenever the Task Force finds potential for a serious shortage of water supply, the Town Manager will be empowered to declare a state of voluntary conservation. (b) Declaration of mandatory conservation measures. Whenever the Task Force determines that the Town of Morrisville supply is significantly lower than the seasonal norm and is diminishing, the Town Manager may declare a state of mandatory conservation. Under a state of mandatory conservation, the Town of Morrisville shall continue to encourage voluntary water conservation measures as well. (c) Declaration of water shortage emergency measures. Whenever the task force finds that a water shortage situation exists, the Town Manager will be empowered to declare a state of water shortage emergency. During a water shortage emergency, all classes of water use will be required to employ mandatory conservation measures. These restrictions or bans shall continue until the water shortage emergency for the Town of Morrisville is declared ended by the Town Manager. Table 1 summarizes how the classes of water use are affected during each stage of conservation. Table 1: Water Use Classes and Conservation Stages_____________________________ Class Voluntary Mandatory Emergency 1:Essential Voluntary Voluntary Conservation Mandatory Restriction Conservation 2:Socially or Voluntary Voluntary Conservation / Mandatory Restriction Economically Important Conservation Mandatory Restriction 3:Non-Essential Voluntary Mandatory Restriction Mandatory Restriction Conservation ________________________________________________________________________ 5 Implementation Once the Town of Morrisville determines that the Jordan Lake water supply pool level has fallen below normal levels, the Town will convene the Water Shortage Response Task Force and lead discussion regarding implementation of staged conservation measures. Once a decision is made on the appropriate level of conservation, the Town of Morrisville will notify water users in Town and advise them of the appropriate conservation stage and measures. Adopted this 9th day of April, 2001. ________________________ Gordon Cromwell, Mayor Town of Morrisville Attest: G.J. Hooks, Deputy Town Clerk 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville FINAL.DOC1 P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-1 Appendix F Water Shortage Response Plan for RTP South 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville FINAL.DOC2 P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-2 Research Triangle Park - Wake County Water Shortage Response Plan February 2001 Prepared by CH2M HILL, Inc. 3125 Poplarwood Court, Suite 304 Raleigh, NC 27604 919-875-4311 Project Number 161932.R2.01 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-3 Table of Contents Introduction...................................................................................................................................3 Water Supply Assessment ..........................................................................................................4 Conservation Education Efforts.................................................................................................4 RTP South Permanent Conservation Measures......................................................................5 Staged Conservation Measures..................................................................................................7 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-4 1.0 Introduction The purpose of this Water Shortage Response Plan is to provide a framework for making water supply and conservation decisions during times when water supplies in the region may be low. This plan applies to the Wake County (southern) portion of the Research Triangle Park (RTP South). 1.1 Water Supply Assessment RTP South currently obtains water from B. Everett Jordan Lake by contract with the Town of Cary, with the water being treated at the Cary/Apex WTP. The availability and general conditions of water supply for RTP South are established through a three-way contract between Wake County, the Research Triangle Foundation (RTF) of North Carolina and the Town of Cary. Water and sewer accounts are established directly between individual owners and tenants of RTP South and the Town of Cary - neither Wake County nor the RTF purchase water in bulk from the Town of Cary. The present contract is nominally for 250,000 gallons per day of reserve capacity beyond the present level of demand, and will expire in 2014. Upon completion of Round 2 of the Jordan Lake Water Supply Allocation process, Wake County anticipates receiving an allocation of 1.5 percent of the Jordan Lake water supply pool, which is 687 acre-feet or 224 million gallons. This is nominally equivalent to an average annual supply of 1.5 million gallons per day (mgd) based on the estimated 100-mgd yield of the full Jordan Lake water supply pool. Since the water supply could be treated and delivered by utilities other than the Town of Cary, the utility providing these services for RTP will be referred to in this Plan as the “Service Provider”. Water use in RTP South is dominated by industrial and commercial accounts, and there is no residential water use. Average day water demands for the RTP South service area are expected to increase from 0.27 mgd in 2000 to 3.9 mgd in 2050, so Wake County, on behalf of RTP, has submitted a draft application for an additional allocation from Jordan Lake in the Round 3 process. In general, the current water supply from Jordan Lake is not extremely vulnerable to water shortages. Jordan Lake is extremely reliable, since the water supply pool is only a small portion of the entire lake. During the time Jordan Lake has been used for water supply, there have been no water shortage failures. However, only about a third of the estimated safe yield has been allocated, and not all of the allocations are being used. The reliability of Jordan Lake during drought conditions is being evaluated by the Division of Water Resources DWR using the Cape Fear Hydrologic Model. 2.0 Conservation Education Efforts RTP South's conservation education programs originate either with the Service Provider (the Town of Cary provided these services as of February 2001) or the Research Triangle Foundation (RTF), which manages the Park. Current and anticipated conservation education programs include: • "Beat the Peak" program to reduce peak water usage rates • Formation of a coalition of one designated contact from each RTP South water customer to solicit support for water conservation practices and coordinate notifications of conservation measures via email and postings at each business. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-5 • Email distribution list during staged conservation, including the stage and required actions. The email distribution list would be initiated by the RTF to notify the designated contact from each company in RTP South, who will then send a broadcast email to their employees to raise awareness of the conservation action. • Utilize RTP South companies to post notices of the conservation stage and the required actions at entrances to their buildings, in break rooms, etc. • Newspaper advertisements in News and Observer and Durham Herald to raise conservation awareness and communicate conservation actions among RTP South employees. • Information about stages and required actions/tips for RTP South companies in the RTP Notes and RTP Viewpoints newsletters. Educational information on water conservation at home could also be included. RTP South businesses are encouraged to get this information into their company’s newsletter. • Distribution of brochures with questions and answers from the Water Service Provider to RTP South managers and employees through billing stuffers, internet site and other means. 3.0 RTP South Permanent Conservation Measures Permanent conservation measures have been instituted by RTF for companies located in RTP South. These measures are described below. 3.1 Landscaping and Irrigation • More than 1/3 of the total acreage in RTP South is in a natural area preserve or a surface cover maintenance area where existing native vegetation will be retained, so there will be no need for water to irrigate these areas. • Roadside landscaping is watered from the onsite lake, reducing the need for potable irrigation water. • Companies such as Cisco Systems have made extensive use of native vegetation in their landscaping program because these species are hardy and resistant to drought. Compared with other industrial and office parks, relatively little landscaped area on the companies’ sites is irrigated. Meters are typically installed on irrigation systems, which are monitored based on rain conditions. 3.2 Plumbing Fixtures Recently, companies have used low-volume flush valves and flow regulators in showers. These are expected to be included in all future development. 3.3 Peak Demand Management Biogen has a 50,000-gallon storage tank onsite, which enables them to reduce their demand for potable water during peak-use periods and during droughts. Covance is considering the inclusion of on-site water storage in the company’s long-range expansion plans. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-6 3.4 Water Reuse/Recycling Companies have expressed an interest in using recycled water for irrigation if a duplicate system became available. Water recycling is also maximized in manufacturing-related processes where appropriate, to conserve water. For example, Covance currently recycles some of the reject water from their reverse osmosis system to the cooling towers. 3.5 Reducing Water Losses (Unaccounted for Water) The Service Provider investigates potential leaks and meter accuracy issues upon notification by the RTP South water customer. RTP South businesses are encouraged to monitor their monthly account statements, as well as their site, for indications of leaks or inaccurate meters. 4.0 Service Provider Demand Management Programs In addition to measures instituted by the RTF, RTP South businesses intend to work with the Water Service Provider to implement their demand management programs where applicable. Programs of the Town of Cary (the current Water Service Provider) are listed below. 4.1 Toilet Flapper Rebate Program This program provides customers with the incentive to replace existing flappers with early closure models. 4.2 Conservation Rate Structure A rate structure was designed by the Town of Cary to encourage more efficient use of water resources by charging higher unit rates to customers as their level of consumption increases. A two-tiered increasing block rate for commercial and industrial customers, including those in RTP South, becomes effective in March 2001. Irrigation meters for both residential and non- residential customers are billed at a two-tiered increasing block rate as well. The higher-rate tier for both regular and irrigation accounts is designed to encourage irrigation conservation, and is applied to water use in excess of a “landscape water budget” for each customer. 4.3 Landscape Water Budgets A landscape water budget was prepared by Town of Cary staff for every irrigation account based on plant watering needs specific to the landscaped area served by each account. Billing notices will assist the customer in understanding the relationship between actual use and the water budget. Customers may contract with private water auditors as a means of reducing water use to budgeted amounts. 4.4 Rain Sensors The Town of Cary requires customers with automatic irrigation systems to install a rain sensor that measures rainfall and overrides the irrigation cycle of the system. 5.0 Staged Conservation Measures RTP South will rely on its Service Provider (currently the Town of Cary) to monitor the status of the Wake County/RTP South Jordan Lake water supply pool allocation. A Water Shortage Response Task Force, to be made up of the RTF Vice President for Planning and Development, 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-7 the Service Provider’s System Manager and Water Conservation Coordinator, and a representative appointed by Wake County, will be established in order to determine when conservation efforts should be enacted by RTP South. If the Jordan Lake water supply pool level falls below normal levels, the Service Provider will convene the Task Force to discuss appropriate water conservation measures. RTP South may obtain water from other sources (such as the City of Raleigh, as was done in the summer of 2000) in order to reduce water use from Jordan Lake without implementing water conservation measures. Once the Task Force has determined the appropriate level of conservation for RTP South, the Service Provider will declare and administer the conservation measures. 5.1 Conservation Stages Four stages of conservation measures that describe the condition of the water supply source are established for RTP South. These stages or levels of conservation measures will be enacted when the conditions listed below exist. • Voluntary: potential for a serious shortage of water supply. • Mandatory: supplies are significantly lower than the seasonal norm and drought conditions are expected to persist. • Water Shortage Emergency: the water utility is experiencing a water shortage. These conditions will be determined with communications and guidance of the Service Provider. The appropriate conservation stage may be determined by the Task Force as a result of any of the following conditions: • The usable water supply of the RTP South allocation in Jordan Lake has fallen below one of the thresholds below (in accordance with Guidelines from the DWR Water Shortage Response Handbook for North Carolina Water Supply Systems): - Voluntary: 80% - Mandatory: 60% - Emergency: 40%; • The Service Provider has instituted conservation measures; • There is inadequate treatment capability; • Water transmission capability is disrupted or inadequate; • Finished water storage problems exist to the level that normal needs cannot be met; • Any other unforeseen circumstance which results in or may result in a severe water shortage. 6.0 Water Use Classification In addition, three classes of water use are defined as noted below: • Class 1: Essential Water Uses, including domestic, hospital and health care facilities, public, and nonresidential. These uses are necessary for maintenance of public health. • Class 2: Socially or Economically Important Uses, including domestic and commercial/public uses of water. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-8 • Class 3: Nonessential Uses, including residential/nonresidential and public uses. These uses can be restricted or totally banned without significant economic or social impacts. 7.0 Staged Conservation Measures Many voluntary measures are implemented on an ongoing basis as discussed in the prior section of this document. Additionally, the educational efforts will be increased as the staged conservation levels begin. The specific actions that should be taken for each class of water use during the four stages of conservation are summarized below. (a) Declaration of voluntary conservation measures. Whenever the Task Force finds potential for a serious shortage of water supply, the Service Provider will be empowered to declare a state of voluntary conservation, and to call upon RTP South water customers to employ voluntary water conservation measures. (b) Declaration of mandatory conservation measures. Whenever the Task Force finds visible or measurable signs that the RTP South supply is significantly lower than the seasonal norm and is diminishing, the Service Provider may declare a state of mandatory conservation. Under a state of mandatory conservation, the Service Provider shall continue to encourage voluntary water conservation measures, and in accordance with the contract for water services, impose a scheduled water use program or an outright ban on all Class 3 uses, and potentially on Class 2 uses, until the mandatory conservation period for RTP South is declared to be over by the Service Provider in consultation with the Task Force. The Town of Cary (the current Service Provider) has been proactive in addressing its peak demand management during past drought periods by providing for mandatory water use restrictions on outdoor watering. These peak demand management restrictions include: • Odd-even day outdoor watering • Odd-even day turf watering • Total ban on turf watering (c)Declaration of water shortage emergency measures. Whenever the Task Force finds that a water shortage situation exists, the Service Provider will be empowered to declare a state of water shortage emergency. During a water shortage emergency, all classes of water use will be required to employ mandatory conservation measures. Pricing measures should be used to significantly reduce water usage. These restrictions or bans shall continue until the water shortage emergency for RTP South is declared ended by the Service Provider. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC F-9 Table 1 summarizes how the classes of water use are affected during each stage of conservation. Table 1: Water Use classes and conservation measures Class Voluntary Mandatory Emergency 1: Essential Voluntary Conservation Voluntary Conservation Mandatory Restriction 2: Socially or Economically Important Voluntary Conservation Voluntary Conservation / Mandatory Restriction Mandatory Restriction 3: Non-Essential Voluntary Conservation Mandatory Restriction Mandatory Restriction 8.0 Implementation Once RTP South's Service Provider determines that the Jordan Lake water supply pool level has fallen below normal levels, the Service Provider will convene the Water Shortage Response Task Force and lead discussion regarding implementation of staged conservation measures to match the water service provider's staged conservation measures. Once a decision is made of the appropriate level of conservation, Wake County and the RTF will notify all water users in RTP South and advise them of the appropriate conservation stage and measures. Each RTP South customer will then use the methods discussed in the Conservation Education Efforts section to advise its employees and visitors of the conservation stage and measures. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC G-1 Appendix G Town of Cary Community Appearance and Environmental protection Standards (from Unified Development Ordinance) © Copyrighted. Municipal Code Corp., affiliated Municipality. 2001. Chapter 14. Community Appearance and Environmental Protection Standards Part 1. Building Design, Preservation of Existing Natural Areas and Installation of New Landscape Areas Sec. 14.1.1. Purpose and Applicability Sec. 14.1.2. General Provisions Sec. 14.1.3. Building Design: Statement of Architectural Compatibility (SAC) Sec. 14.1.4. Undisturbed Perimeter Buffers, Perimeter Landscaping, and Other Landscape Requirements Sec. 14.1.5. Streetscape Landscaping: Preservation of Existing Vegetation and Installation of New Landscape Areas Sec. 14.1.6. Tree Survey Sec. 14.1.7. Tree Protection During Construction Sec. 14.1.8. Vehicular Use Area Landscaping Sec. 14.1.9. Other Landscape Requirements Sec. 14.1.10. Incentives Sec. 14.1.11. Exterior Lighting Sec. 14.1.12. Mechanical, Utility, and Trash Containment Areas Sec. 14.1.13. Time for Installation of Required Landscaping Sec. 14.1.14. Implementation of Landscape Plan; Inspections Sec. 14.1.15. Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines Part 2. Flood Damage Prevention Sec. 14.2.1. Purposes Sec. 14.2.2. Applicability Sec. 14.2.3. Development in and near Areas of Special Flood Hazard Sec. 14.2.4. Development in Floodways Sec. 14.2.5. Standards for Streams Without Established Base Flood Elevations and/or Floodways Sec. 14.2.6. Special Requirements for Manufactured Homes Sec. 14.2.7. Special Requirements for Development Proposals Requiring Subdivision or Site Plan Approval Part 3. Soil Erosion and Sedimentation Control, Stream and Wetland Protection Sec. 14.3.1. Purposes Sec. 14.3.2. Permit and Approval Requirements Sec. 14.3.3. General Erosion and Sedimentation Control Standards Sec. 14.3.4. Basic Control Objectives for Erosion Control Plans Sec. 14.3.5. Borrow and Waste Areas Sec. 14.3.6. Access and Haul Roads Sec. 14.3.7. Operations in Lakes or Natural Watercourses Sec. 14.3.8. Stream Buffers Outside the Reservoir Watershed Protection Overlay District Part 4. Tree Protection Sec. 14.4.1. Purposes Sec. 14.4.2. Preservation and Removal of Trees on Town Property Sec. 14.4.3. Preservation and Removal of Trees on Private Property Sec. 14.4.4. Waivers in Emergencies Part 5. Pollution Control Standards. Sec. 14.5.1. Purpose and Applicability Sec. 14.5.2. General Standards and Measures for Compliance Sec. 14.5.3. Performance Standards Sec. 14.5.4. Effects of Concurrent Operations on Different Properties Sec. 14.5.5. Determination of Violation of Performance Standards Part 6. Stormwater Management Plan for New Development Sec. 14.6.1. Purpose Sec. 14.6.2. Applicability Sec. 14.6.3. Protecting Riparian Buffers Sec. 14.6.4. Nutrient Reduction Requirements Sec. 14.6.5. Peak Runoff Control Sec. 14.6.6. Allowable Best Management Practices Sec. 14.6.7. Maintenance of Best Management Practices Sec. 14.6.8. Modification by Variance Part 7. Illegal Discharges to the Storm Sewer System Sec. 14.7.1. Purpose Sec. 14.7.2. Applicability Sec. 14.7.3. Enforcement and Administration of Article Sec. 14.7.4. Depositing Certain Substances in Storm Sewer System Sec. 14.7.5. Obstructing Storm Sewer Systems Sec. 14.7.6. Permit Required for Construction, Repair or Alteration of Storm Sewer Systems Sec. 14.7.7. Inspection by Town Manager or Designee Sec. 14.7.8. Nuisances. Sec. 14.7.9. Notice to Property Owner of Obstruction Sec. 14.7.10. Violations; Penalties violator may appeal to the Town Council. The Director shall then transmit to the Town Council a copy of the notice given to the alleged violator, along with any recommendations as to alterations, modifications, or securing the services of a consultant to determine whether a standard has been violated. The determination as to whether a violation exists shall be made by the Town Council. (3) If the Town Council finds the alleged violation to exist, then the costs of making that determination shall be charged to the owner or occupant of the property responsible for the violation. If the Town Council determines that no violation exists, then the Town shall cover the costs of making the determination. (4) If a violation is not removed or corrected as directed by the Town Council, then the Director of Planning and Development may: a. Recommend to the Town Council that any occupancy permits previously issued to the violator be voided and that the operator be required to cease operation until the violation is removed, corrected, or otherwise remedied; and/or b. Initiate further enforcement actions under Chapter 18 of this Ordinance. PART 6. STORMWATER MANAGEMENT PLAN FOR NEW DEVELOPMENT 14.6.1. Purpose. This part is intended to protect water quality for present and future residents of the town and surrounding regions by limiting the amount of pollutants including but not limited to nitrogen in stormwater runoff. Specific objectives include: protection of riparian buffers, control of nitrogen export from development, control of peak stormwater runoff, and the use of best management practices. (Ord. No. 00-018.1, 4-12-01) 14.6.2. Applicability. This article shall apply within the Town and Town's extraterritorial jurisdiction area. (Ord. No. 00-018.1, 4-12-01) 14.6.3. Protecting Riparian Buffers. (a)Establishment of Buffer.All perennial and intermittent streams including lakes, ponds, and other bodies of water as indicated on the most recent version of the 1:20,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS) shall have a 100-foot wide riparian buffer directly adjacent to such surface waters, excluding wetlands. All other surface waters as indicated by the most recent version of the Soil Survey of Wake or Chatham County, North Carolina shall have a 50 foot- wide riparian buffer adjacent to such waters. In the Neuse River Basin, where obvious conflicts between actual field conditions and USGS and Wake county Soil Survey maps exist, appeals may be made to the North Carolina Division of Water Quality. All other appeals for obvious conflicts may be made to the Town Manager or his designee. Appeals to the 100-foot wide riparian buffer may be made as allowed by Section 14.6.8(a). (b)Delineation of Buffer Zones.There are hereby established three zones of the riparian buffer as follows: (1) Zone 1 (30' landward adjacent to streambank, severe development restrictions) (2) Zone 2 (20' landward adjacent to) zone 1, strict development restrictions) (3) Zone 3 (50' landward adjacent to zone 2, moderate development restrictions) The buffers must be measured horizontally from the edge of the water body, i.e. from top of bank. (c)Activity within Buffer.Activity may take place within any stream buffer zone as defined by 15A NCAC 2B.0233. Likewise, those activities are also allowed within Zone 3. Within the Neuse River Basin development activity within Zone 1 and Zone 2 of the may take place within a riparian buffer provided that the landowner has one of the following: (1) An authorization certificate that documents that the NC Division of Water Quality has approved an allowable use. (2) An opinion from the NC Division of Water Quality that vested rights have been established for that activity. (3) A letter from the NC Division of Water Quality documenting that a variance has been granted for the proposed activity. (d)Description of Buffers on Development Plans.Stream buffers shall be shown on all approved site plans and subdivision plans (see Sections 5.6.5 (a)(2) and 5.7.3 application requirements). (e)Exclusion of Buffer from Lots.No single family lots, created through a development plan, shall be platted into a riparian buffer as required by Chapter 14.1.4(m). The Town Council may allow buffers to be included in lots only when all of the following conditions are met: (1) The buffer impacts a limited part of the subdivision (i.e., less than 10 lots); (2) There is no other reason for the formation of a homeowners association (e.g., covenant, other common areas); (3) The buffer is placed in a permanent conservation or other legal instrument dedicated to the Town (required documents must be provided prior to recording the plat for the impacted area). (f)Exemptions.All single family residential lots platted prior to July 27, 2000 outside of the Neuse River 50 ft. Riparian Buffer or residential subdivision plans submitted to the Town prior to July 27, 2000 whose lots are located outside of the 50 ft. Neuse River Riparian Buffer shall be exempt from the requirements of this part. (g)Enforcement.For violations of this part, refer to Chapter 14.1.15(c). (Ord. No. 00-018.1, 4-12-01) 14.6.4. Nutrient Reduction Requirements. (a)Definition of Development/Land Disturbance.For purposes of this part, development or land disturbance shall be defined to include the following: (1) Any activity that disturbs greater than one acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility. (2) Any activity that disturbs greater than 12,000 square feet of land in order to establish, expand or modify a multifamily residential development or a commercial, industrial or institutional facility. (3) Any grubbing, stump removal and/or grading activity. 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC H-1 Appendix H Town of Apex Watershed Protection Ordinance 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC I-1 Appendix I Morrisville Zoning Ordinance Morrisville Zoning Ordinance presented at the Public Hearing 7-9-01 I PART A ADMINISTRATION ..........................................................................................................................1 ARTICLE I AUTHORITY AND APPLICATION...................................................................................................1 Section 1. Title, Purpose and Authority .........................................................................................................1 Section 2. Applicability ..................................................................................................................................1 Section 3. Establishment of Zoning Map.......................................................................................................2 Section 4. Replacement of Town of Morrisville Zoning Ordinance...............................................................2 Section 5. Effective Date ................................................................................................................................2 ARTICLE II INTERPRETATION AND CONFLICT .............................................................................................3 Section 1. Interpretation ................................................................................................................................3 Section 2. Conflict with Other Regulations....................................................................................................3 Section 3. Severability of Ordinance..............................................................................................................3 ARTICLE III MAINTENANCE OF RECORDS .....................................................................................................3 Section 1. Amendment of Official Zoning Ordinance and Map.....................................................................3 Section 2. Unauthorized alteration................................................................................................................4 PART B ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAP .........................................5 ARTICLE I GENERAL USE DISTRICTS .............................................................................................................5 Section 1. Conservation/Buffer District (CB)................................................................................................5 Section 2. Agricultural District (AD)............................................................................................................5 Section 3. R-12 Residential District (R-12)..................................................................................................5 Section 4. R-10 Residential District (R-10)..................................................................................................5 Section 5. R-8 Residential District (R-8)....................................................................................................6 Section 6. R-6 Residential District (R-6)......................................................................................................6 Section 7. R-MF Residential Multi-Family District (RMF)..........................................................................6 Section 8. Office and Institutional District (O&I)........................................................................................6 Section 9. Neighborhood Business District (NB).........................................................................................6 Section 10. General Business District (GB).................................................................................................7 Section 11. Village Core District (VC).........................................................................................................7 Section 12. I-1 Industrial Park (I-1)............................................................................................................7 Section 13. I-2 Light Industrial District (I-2)...............................................................................................7 Section 14. I-3 Industrial District (I-3).........................................................................................................8 Section 15. Industrial Management District (IM)..........................................................................................8 ARTICLE II CONDITIONAL USE DISTRICTS....................................................................................................8 ARTICLE III OVERLAY DISTRICTS....................................................................................................................8 Section 1. Manufactured Home Overlay District...........................................................................................8 Section 2. Airport Overlay District................................................................................................................9 Section 3. Planned Development Overlay District.........................................................................................9 PART C – DEVELOPMENT STANDARDS AND REQUIREMENTS ..............................................................10 ARTICLE I NONCONFORMING LOTS, USES AND STRUCTURES................................................................................10 Section 1. Development of Non-Conforming Lots........................................................................................10 Section 2. Certain Development Deemed Conforming ................................................................................10 Section 3. Change of nonconforming uses...................................................................................................10 Section 4. Maintenance and Repair of Nonconforming Uses ......................................................................11 ARTICLE II MISCELLANEOUS STANDARDS APPLICABLE IN ALL ZONING DISTRICTS ..........................................11 Section 1. Principal Residential Buildings...................................................................................................11 Section 2. Accessory Structures and Uses....................................................................................................11 Section 3. Access to property.......................................................................................................................11 Section 4. Sight distance at intersections.....................................................................................................11 Section 5. Fence and wall regulations.........................................................................................................12 Section 6. Architectural Façade ..................................................................................................................12 Section 7. Large Commercial Buildings ......................................................................................................12 Section 8. Water and Sewer Service.............................................................................................................12 Section 9. Impervious Surface......................................................................................................................13 Section 10. Review of Private Covenants.....................................................................................................14 ARTICLE III ADDITIONAL REQUIREMENTS FOR OVERLAY DISTRICTS .....................................14 Morrisville Zoning Ordinance presented at the Public Hearing 7-9-01 II Section 1. Manufactured Home Overlay District.........................................................................................14 Section 2. Airport Overlay District..............................................................................................................14 Section 3. Planned Unit Development District ............................................................................................15 3.9 Private streets.........................................................................................................................................18 ARTICLE IV TABLE OF PERMITTED USES.....................................................................................................19 ARTICLE V DIMENSIONAL REQUIREMENTS..............................................................................................24 Section 1. Standard Dimensional Requirements By District and Use..........................................................24 Section 2. Exceptions to and Explanation of Standard Dimensional Requirements....................................24 TABLE 1.1.................................................................................................................................................................29 DIMENSIONAL STANDARDS BY DISTRICT AND USE .................................................................................29 ARTICLE VI ADDITIONAL REQUIREMENTS FOR CERTAIN PERMITTED USES ............................32 Section 1. Uses and Requirements...............................................................................................................32 Section 2. Procedure....................................................................................................................................37 ARTICLE VII SPECIAL USE PERMIT FINDINGS............................................................................................37 Section 1. General Findings ........................................................................................................................37 Section 2. Additional Findings for Certain Special Uses.............................................................................37 ARTICLE VIII TRAFFIC IMPACT STUDY ......................................................................................................43 Section 1. Purpose .......................................................................................................................................43 Section 2. Qualifications of Preparer ..........................................................................................................43 Section 3. Scoping Meeting Required ..........................................................................................................43 Section 4. Projects Requiring a Traffic Impact Study..................................................................................44 Section 5. Content of a Traffic Impact Study ...............................................................................................44 Section 6. Submission and Implementation..................................................................................................48 ARTICLE IX. GENERAL LANDSCAPING REQUIREMENTS .........................................................................48 Section 1. Purpose.......................................................................................................................................48 Section 2. General Requirements.................................................................................................................48 Section 3. Minimum Landscape Area ..........................................................................................................49 Section 4. Plant Credits...............................................................................................................................49 Section 5. Interior landscape requirements.................................................................................................50 Section 6. Landscape requirements for automotive parking lots.................................................................50 Section 7. Perimeter Landscape Areas........................................................................................................51 Section 8. Dumpster screening.....................................................................................................................52 Section 9. Removal of landscaping..............................................................................................................53 Section 11. Securing Future Installation of Plantings.................................................................................53 Section 12. Alteration or Expansion............................................................................................................54 ARTICLE X. SIGNS ..............................................................................................................................................54 Section 1. Purpose.......................................................................................................................................54 Section 2. Signs excluded from regulations.................................................................................................54 Section 3. General sign regulations.............................................................................................................55 Section 4. Signs Not Requiring a Permit......................................................................................................57 Section 5. Signs requiring a permit..............................................................................................................58 Section 6. Temporary signs in addition to permanent signs........................................................................58 Section 7. Prohibited signs..........................................................................................................................59 Section 8. Sign permit and procedure..........................................................................................................59 Section 9. Bonus sign area...........................................................................................................................60 Section 10. Variance permits.......................................................................................................................61 Section 11. Removal of signs upon discontinuance of use...........................................................................61 Section 12. Removal of nonconforming signs..............................................................................................61 Section 13. Schedule of sign regulations table............................................................................................62 ARTICLE XI. NOISE STANDARDS....................................................................................................................62 Section 1. Standards....................................................................................................................................62 Section 2. Measurements.............................................................................................................................63 ARTICLE XII. OFF-STREET PARKING AND LOADING .......................................................................63 Section 1. Off-street parking requirements.........................................................................................................63 Duplexes..............................................................................................................................................................64 Morrisville Zoning Ordinance presented at the Public Hearing 7-9-01 III Section 2. Lighting..............................................................................................................................................66 Section 3. Safety barriers....................................................................................................................................66 Section 4. Parking areas adjacent to public alleys.............................................................................................66 Section 5. Improvement, design and location standards.....................................................................................66 Section 6. Off-street loading requirements.........................................................................................................67 PART D – PROCESS AND PROCEDURES..........................................................................................................69 ARTICLE I ESTABLISHMENT OF BOARDS.............................................................................................69 Section 1. Board of Adjustment....................................................................................................................69 Section 2. Planning and Zoning Board........................................................................................................70 ARTICLE II APPROVAL PROCEDURES ...................................................................................................71 Section 1 Site Plan ......................................................................................................................................71 Section 2 Special Use Permit......................................................................................................................74 Section 3 Variance ......................................................................................................................................75 Section 4 Appeal .........................................................................................................................................77 Section 5 General Use Rezonings...............................................................................................................77 Section 6. Conditional Use Rezonings .........................................................................................................79 Section 8. Planned Unit Development .........................................................................................................80 Section 9. Site Specific Development Plan...................................................................................................83 Section 10. Revisions to Approved Plans.....................................................................................................84 Section 11. Construction Plan Approval .....................................................................................................84 Section 12. Installation of Improvements.....................................................................................................85 Section 13. Securing Improvements for Future Construction......................................................................85 Section 14. Zoning Compliance Certificate .................................................................................................86 ARTICLE III ENFORCEMENT ....................................................................................................................87 Section 1. Administrative officer..................................................................................................................87 Section 2. Building permits required...........................................................................................................87 Section 3. Applications for building permit.................................................................................................87 Section 4. Certification of zoning compliance.............................................................................................88 Section 5. Duties of building official and boards on matters of appeal.......................................................88 Section 6. Remedies.....................................................................................................................................89 Section 7. Penalties for violating any provisions of this ordinance.............................................................89 PART E DEFINITIONS .................................................................................................................................90 2001 ANNUAL REPORT ON INTERBASIN TRANSFERS for RTP South and the Towns of Cary, Apex, and Morrisville P:\CARYAPEX_IBT-EIS\156003\2001 IBT ANNUAL REPORT_FINAL.DOC J-1 Appendix J Wake County Stormwater Ordinance and Development Plan for RTP South 1 WAKE COUNTY, NORTH CAROLINA STORMWATER CONTROL, MANAGEMENT AND WATERCOURSE BUFFER REGULATIONS D2 001511 2 ARTICLE III STORMWATER CONTROL, MANAGEMENT AND WATERCOURSE BUFFER REGULATIONS SECTION A. GENERAL PROVISIONS Sec. 2-10-16 Title Sec. 2-10-17 Purpose Sec. 2-10-18 Definitions Sec. 2-10-19 Scope and Exclusions Sec. 2-10-20 Incorporation of Raleigh/Wake County Stormwater Control and Buffer Manual Sec. 2-10-21 Reserved Sec. 2-10-22 Inspections Sec. 2-10-23 Enforcement Sec. 2-10-24 Civil Penalties Sec. 2-10-25 Variances Sec. 2-10-26 Appeals Sec. 2-10-27-36 Reserved SECTION B ESTABLISHMENT OF STORMWATER CONTROLS Division 1. Active Stormwater Control Measures Sec. 2-10-37 Exemptions Sec. 2-10-38 Nitrogen Reduction Sec. 2-10-39 Alternative Means of Compliance Sec. 2-10-40 Stormwater Runoff Control Sec. 2-10-41 Stormwater Control Permits Sec. 2-10-42 Stormwater Control and Management Plan Sec. 2-10-43 Preservation of Open Space Sec. 2-10-44 Maintenance of Stormwater Control Measures and Devices Sec. 2-10-45 Annual Inspection and Inspection Report Required 3 Sec. 2-10-46 Reserved Division 2. Riparian Buffers Sec. 2-10-57 Preservation and Protection of Riparian Buffers Sec. 2-10-58 Reserved Sec. 2-10-59 Diffuse Stormwater Flow Required Sec. 2-10-60 Watershed Buffer Permit Sec. 2-10-61 Jurisdiction-Wide Inter-local Approach Division 3. Illegal Discharges (a) Requirements In the Rule (b) Collecting Jurisdiction-Wide Information (c) Mapping and Field Screening (d) Identifying and Removing Illegal Discharges (e) Preventing Discharges and Establishing a Hotline Division 4. Retrofit Locations (a) Requirements in the Rule (b) Data Collection and Notification (c) Mapping Requirements Division 5. Public Education (a) Requirements in the Rule (b) Public Education Action Plan Division 6. Reporting Requirements (a) New Development Review/Approval (b) Illegal Discharges (c) Retrofit Locations (d) Public Education 27 All inspections report shall be on forms supplied by the County. An original inspection report shall be given to the Department of Environmental Services - Erosion, Flood & Stormwater Division of the County beginning 1 year from the date of as-built certification and each year there after. Inspection reports are due on the date they were as-built certified. Secs. 2-10-46 – 2-10-56 RESERVED. Division 2. Riparian Buffers Sec. 2-10-57 PRESERVATION AND PROTECTION OF RIPARIAN BUFFERS (a) Establishment of Riparian Buffers. All riparian surface waters in Wake County’s Planning Jurisdiction (as defined in Sec. 2-10-18) shall have a fifty (50) foot wide riparian buffer directly adjacent to such surface waters, excluding wetlands. Surface waters shall be considered to be present if the feature is shown on the most recent version of the Soil Survey of Wake County, North Carolina or the most recent version of the 1:24,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS). Where obvious conflicts between actual field conditions and USGS and Wake County Soil Survey maps exist, appeals may be made to the North Carolina Division of Water Quality if the site is in the Neuse River Basin, or directly to the Wake County Department of Environmental Services - Erosion, Flood & Stormwater Division for sites in the Cape Fear River Basin. (b) Delineation of Buffer Zones. There are hereby established two zones of the riparian buffer as follows: (1) Zone 1 (30’ landward adjacent to stream bank, severe development restrictions). (2) Zone 2 (20’ landward adjacent to Zone 1, strict development restrictions). The width of the riparian buffer zone shall be measured perpendicularly to the flow of the watercourse and horizontally from the edge of the watercourse banks except when no watercourse banks exist, in which case, the centerline of the watercourse shall be used. (c) Activities Allowed Within Riparian Buffer Zones. 28 Activities may take place within riparian buffer zones as defined by 15A NCAC 2B.0233 provided that: 1) The applicant obtains an authorization certificate that document that the NC Division of Water Quality has approved the activity as an allowable use. 2) The applicant obtains an opinion from the NC Division of Water Quality that vested rights have been established for that activity. 3) The applicant obtains a letter from the NC Division of Water Quality documenting that a variance has been granted for the proposed activity. (d) Description of Riparian Buffers on Development Plans. Riparian buffers shall be shown and adequately labeled on all approved site plans, preliminary subdivision plans, sedimentation and erosion control plans, construction plans and subdivision plats. (e) Enforcement For violations of this Section refer to Sec. 2-10-23. (f) Conflicts with Other Wake County Buffer Requirements. Where the Riparian Buffer widths and allowed activities in this Section conflict with Sections 1-1-37, 1-1-48 through 1-1-53 of the Wake County Zoning Ordinance (Watershed and Drainage-way Buffers), the more restrictive width and allowed activities shall apply. Sec. 2-10-58 RESERVED. Sec. 2-10-59 DIFFUSE STORMWATER FLOW REQUIRED. After application of this regulation*, all stormwater runoff from new man-made stormwater control facilities, including new ditches or canals, which flow into a watercourse natural resource buffer or into riparian surface water buffer shall be diffused flow. Diffuse flow shall be maintained. The land -owner or person in possession or control of the land shall be responsible for dispersing concentrated flow of stormwater runoff. The land -owner shall take corrective action to prevent the formation of erosion gullies, and the landowner shall take corrective action to restore diffuse flow. 29 When diffuse flow is impractical to achieve, stormwater control facilities, which attenuate the flow of stormwater runoff, and control nitrogen may be approved by the County as an alternative means of compliance. Sec. 2-10-60. WATERSHED BUFFER PERMIT. (a) No person shall initiate, proceed, or undertake one or more of the following: (1) any land-disturbing activity (2) any development or expansion thereof (3) any placement of impervious surfaces, (4) new use, construction, or encroachment on any lot containing a watershed buffer, a drainage way buffer or riparian surface water buffers without first being issued a written watercourse buffer permit from the Wake County Department of Environmental Services - Erosion, Flood & Stormwater Division. All watercourse buffer permits shall be obtained from the Erosion, Flood & Stormwater Division in accordance with Article II, Sec. 2-10 of this article. No permit will be issued except in strict conformity with Article III of this article, and the City of Raleigh and Wake County Stormwater Control, Management and Watercourse Buffer Manual. (b) No watercourse buffer permit shall be issued until the boundaries of any watershed buffers, drainage-way buffers or riparian surface water buffers, and open space areas, which are adjacent to or encompass a work site are clearly and accurately demarcated by a protective fence in the field. (c) No Watercourse buffer permit shall be issued for work in a riparian surface water buffer regulated by the State pursuant to Title 15A of the North Carolina Administrative Code subchapter 2B, section .0233 unless: (1) The applicant provides sufficient documentation to demonstrate that the requested work is exempt under the rule; (2) The North Carolina Division of Water Quality has determined that surface waters are not present; (3) The North Carolina Division of Water Quality has determined that the requested work is allowable under the Rule; (4) The North Carolina Division of Water Quality has determined that the requested work is allowable with mitigation under the Rule; (5) The North Carolina Environmental Management Commission has issued a variance under the Rule. The applicant shall present to the Wake County Department of Environmental Services - Erosion, Flood & Stormwater Division a written copy of the applicable 30 determination of the North Carolina Division of Water Quality or a copy of the issued variance from the North Carolina Environmental Management Commission before receiving any watercourse buffer permit pursuant to this subsection.”. Sec. 2-10-61. JURISDICTION–WIDE, INTER-LOCAL APPROACH. The Neuse Stormwater Rule allows local government to implement jurisdiction wide or inter-local approaches to achieving nitrogen reduction. The Stormwater Control, Management and Water Course Buffer Regulations of Wake County will incorporate a jurisdiction wide approach. This approach will allow and promote where practical “ Land Banking and or Cluster development within the County’s jurisdiction. This approach will be augmented by crediting future developments with nitrogen removal that will occur as part of required retention pond construction. The “ Land Banking and or Cluster development approach will allow developments to use undeveloped land within the existing tract, or the use of off site lands adjacent to the project, that would have a low nitrogen export value to be combined with the development in order to reduce the nitrogen export value per acre for the combined project. Example, a project may consist of 10 acres with a computed nitrogen export value of 9 pounds per acre/ per year. To lower the export value a 5 acre tract of forest land located adjacent to the project with an existing nitrogen export value of 0.6. [5 acres x 0.6 lbs per acre/ per year plus 10 acres x 9 lbs. per acre per year] divided by 15 = 6.2 lbs./acre/year. To use this approach the development must meet the following conditions: • Must be recombined prior to issuance of building permit • Must be secured in a permanent conservation easement, which prohibits development of any kind. • The site plan for this type development will clearly state that a “ Land Banking “ parcel is part of the development project. A map of the Land Banked parcel along with the deed book and page number of the recorded conservation easement will be included as a part of the site plan package.