WSMU_MEBA_WSWP Ordinance_20230825

ARTICLE 5: ENVIRONMENTAL REGULATIONS
Table of Contents
5-1 STORMWATER MANAGEMENT 1
A. Natural Drainage System Utilized to Extent Feasible 1
B. Developments Must Drain Properly 1
C. Design Standards 2
D. Construction of Systems by Developers;Responsibility for Maintenance 2
E. Installation and Maintenance by Private Property Owners 2
F. Storm water Management Plans 3
5-2 PHASE 2 STORMWATER NEW DEVELOPMENT REGULATIONS 4
A. General Provisions 4
B. Purpose 5
C. Applicability and Jurisdiction 6
D. Interpretation 7
E. Storm water BMP Design Manual 9
F. Relationship to Other Laws,Regulations and Private Agreements 10
G. Severability 10
H. Effective Date 10
I. Administration and Procedures 10
J. Review and Decision-Making Entities 10
J. Standards 16
K. Maintenance 23
L. Enforcement and Violations 28
M. Definitions 31
5-3 WATERSHED OVERLAY DISTRICT REGULATIONS 31
A. Purpose and Intent 31
B. General Provisions Applicable to Water Supply Watershed Overlay 32
C. Districts 32
D. WCA, Watershed Critical Area Overlay District Regulations 34
E. GWA,General Watershed Area Overlay District(Balance of Watershed)Regulations 35
F. Exceeding Basic Density/Built-upon Limitations;Permit to Exceed 36
G. Variances 41
5-4 FALLS LAKE WATERSHED STORMWATER REGULATIONS FOR NEW DEVELOPMENT 41
A. Authority 42
B. Purpose 42
C. Applicability and Jurisdiction 43
D. Interpretation 44
E. Design Manual 44
F. Relationship to Other Laws,Regulations and Private Agreements 45
G. Severability 45
H. Effective Date and Transitional Provisions 45
I. Review and Decision-Making Entities 46
J. Review Procedures 46
K. Review of Applications for Approval,Processing,and Approval 46
L. Appeals 46
M. Standards 47
N. Maintenance 49
O. Enforcement and Violations 49
P. Definitions 50
5-5 JORDAN LAKE RIPARIAN BUFFER REGULATIONS 50
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A. Authority 50
B. Purpose and Intent 50
C. Title 50
D. Jurisdiction 50
E. Applicability 51
F. Relation to Other Ordinances 51
G. Riparian Area Protection within the Jordan Reservoir Watershed 51
H. Potential Uses and Associated Requirements 55
I. Permits Procedures,Requirements,and Approvals 69
J. Riparian Buffer Restoration or Enhancement 77
K. Compliance and Enforcement 78
L. Severability 81
M. Effective Date 81
N. Revisions to this Ordinance 81
5-6 FLOOD HAZARD OVERLAY DISTRICT REQUIREMENTS 82
5-6.1 STATUTORY AUTHORIZATION,PURPOSE,OBJECTIVES,LEGAL STATUS PROVISIONS 82
5-6.2 DEFINITIONS 83
5-6.3 GENERAL PROVISIONS 93
A. Applicability 93
B. Basis for Establishing the Special Flood Hazard Areas 93
C. Compliance 93
D. Abrogation and Greater Restrictions 94
E. Interpretation 94
F. Warning and Disclaimer of Liability 94
G. Violations and Penalties 94
5-6.4 PLANS,APPLICATION,AND PERMIT REQUIREMENTS 94
A. Designation of Floodplain Administrator 94
B. General 95
C. Application Requirements 95
D. Permit Data Requirements 97
E. Certification Requirements 97
F. Determinations for existing buildings and structures 100
5-6.5 DUTIES AND RESPONSIBILITIES OF THE ZONINGADMINISTRATOR 100
5-6.6 VARIANCE PROCEDURES 103
5-6.7 PROVISIONS FOR FLOOD HAZARD REDUCTION 103
A. General Standards 103
B. Specific Standards 105
C. Standards for Floodplains without Established Base Flood Elevations 110
D. Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas 111
E. Standards for Floodways and Non-Encroachment Areas 112
F. Standards for Areas of Shallow Flooding(Zone AO) 112
G. Standards for Areas of Shallow Flooding Zone(ZONEAH) 113
5-6.8 EFFECT UPON OUTSTANDING PERMITS 113
5-7 SOIL EROSION AND SEDIMENTATION CONTROL 114
5-8 (RESERVED) 114
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ARTICLE 5
ENVIRONMENTAL REGULATIONS
Amended June 6, 2022
5-1 Stormwater Management
The general standards contained in this Section shall apply throughout the planning jurisdiction.
However, developments located within watershed protection overlay districts shall comply with
the applicable additional stormwater management requirements of Section 5-1. All residential
development disturbing one acre or more and all nonresidential development disturbing one-
half acre or more shall prepare stormwater management plans in accordance with subsection
F below. All residential and non-residential development disturbing one-half acre or more shall
prepare stormwater management plans in accordance with section 5-2 in addition to
compliance with section 5-2, 5-3, and 5-4.
Amended June 7, 2021; June 6, 2022
A. Natural Drainage System Utilized to Extent Feasible
1. To the extent practicable, all development shall conform to the natural contours
of the land and natural and pre-existing man-made drainage ways shall remain
undisturbed.
2. To the extent practicable, lot boundaries shall be made to coincide with natural
and pre-existing man-made drainage ways within subdivisions to avoid the
creation of lots that can be built upon only by altering such drainage ways.
B. Developments Must Drain Properly
1. All developments shall be provided with a drainage system that is adequate to
prevent the undue retention of surface water on the development site. Surface
water shall not be regarded as unduly retained if:
(a) The retention results from a technique, practice or device deliberately
installed as part of an approved sedimentation or stormwater runoff control
plan; or
(b) The retention is not substantially different in location or degree than that
experienced by the development site in its pre-development stage, unless
such retention presents a danger to health or safety.
2. No surface water may be channeled or directed into a sanitary sewer.
3. Whenever practicable, the drainage system of a development shall coordinate
with and connect to the drainage systems or drainage ways on surrounding
properties or streets.
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4. All developments shall be constructed and maintained so that adjacent properties
are not unreasonably burdened with surface waters as a result of such
developments. More specifically:
(a) No development may be constructed or maintained so that such
development unreasonably impedes the natural flow of water from higher
adjacent properties across such development, thereby unreasonably
causing substantial damage to such higher adjacent properties; and
(b) No development may be constructed or maintained so that surface waters
from such development are unreasonably collected and channeled onto
lower adjacent properties at such locations or at such volumes as to cause
substantial damage to such lower adjacent properties.
C. Design Standards
New and extended stormwater systems shall be designed to the specifications
maintained by the City of Mebane City Engineer and calculated to accommodate ten-
year design frequency stormwater runoff. Additional requirements may be required
based upon the City Engineer's professional judgement and the City's Storm Sewer
Design Manual.
D. Construction of Systems by Developers; Responsibility for Maintenance
Storm drainage systems shall be constructed by developers as part of the public
improvements of new subdivisions.
1. A site plan illustrating all drainage facilities shall be submitted to the City
Engineer for approval prior to construction.
2. Street storm drains which discharge water onto lots within a development
shall be extended by the developer to a point fifteen feet beyond any
structure on or to be constructed on said subdivision lots.
3. The City maintenance responsibility for storm drainage systems is restricted
to structures and piping within street rights-of-way and within dedicated
public storm sewer easements.
4. Owners of private property containing stormwater channels, ditches, and
drainageways in private drainage easements or private storm sewer
easements shall be responsible for maintaining them open, clean, and
properly functioning as parts of the stormwater runoff system. A property
owners association may be established to assume this responsibility.
E. Installation and Maintenance by Private Property Owners
Private property owners are permitted to install storm piping in runoff channels, in
accordance with specification and calculations of pipe and structure size approved
by the City Engineer.
1. Property owners with stormwater runoff systems on their property will be
responsible for maintaining these channels, systems and structures open
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to accommodate the free flow of stormwater away from the street right-of-
way.
2. Culverts under driveway connections to public streets shall be maintained
clear of obstructions and capable of freely carrying stormwater flow by the
private property owner owning and utilizing the driveway.
F. Stormwater Management Plans
1. All development disturbing one acre or more shall comply with the
stormwater management provisions of the Mebane Post Construction
Runoff Ordinance. (Note: developments within a Watershed Overlay
District shall comply with the storm water control requirements of Section 5-
2, E).
2. Structural stormwater controls must meet the following criteria:
(a) Remove an 85% average annual amount of Total Suspended
Solids (TSS).
(b) For wet detention ponds draw down the treatment volume no faster
than 48 hours, but no slower than 120 hours.
(c) Discharge the storage volume at a rate equal or less than the pre-
development discharge rate for the 1-year, 24-hour storm.
(d) Meet the General Engineering Design Criteria set forth in 15A
NCAC 02H.1008(c).
3. Setbacks for impervious surfaces from receiving waters shall be as follows:
(a) All new impervious or partially pervious surfaces, except for
streets, paths, and water-dependent structures, shall be located at
least 30 feet landward of all perennial and intermittent surface
waters.
4. In addition to all other requirements specified above, all development
activities that are located within a NC Environmental Management
Commission-designated Critical Area of a Water Supply Watershed shall
be limited to a maximum impervious surface density of 24 percent.
5. Stormwater management plans shall be certified by a North Carolina
registered stormwater professional to be in conformity with the North
Carolina Stormwater Best Management Practices Manual. Stormwater
management plans shall contain the information required in Appendix D for
stormwater management plans.
6. A stormwater management and maintenance plan shall be submitted to the
Zoning Administrator prior to the approval of a final subdivision plat. The
plan shall identify the party or entity responsible for ownership and
maintenance activities. Plans for the operation and maintenance of
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stormwater control structures shall comply with the requirements of Section
5-2, E, 5 (b) and Section 5-2, E, 6. Recorded deed restrictions shall be
required to ensure management and maintenance consistent with
approved stormwater management plans. The operation and maintenance
agreement shall require the owner of each stormwater control structure to
submit a maintenance inspection report on each stormwater control
structure annually to the Zoning Administrator.
7. All engineered stormwater control structures shall be designed by a North
Carolina registered professional with qualifications appropriate for the type
of system required; these registered professionals are defined as
professional engineers, landscape architects, to the extent that the General
Statutes, Chapter 89A allow, and land surveyors, to the extent that the
design represents incidental drainage within a subdivision, as provided in
General Statutes 89(C)-3(7).
8. All new stormwater control structures shall be conditioned on the posting,
in accordance with provisions of Section 5-2, E, 6, of adequate financial
assurance for the purpose of maintenance, repairs or reconstruction
necessary for adequate performance of the stormwater control structures.
9. The storm drainage system shall follow existing topography as nearly as
practical, shall divert stormwater away from surface waters, and shall
incorporate stormwater Best Management Practices to minimize adverse
water quality impacts. The banks of ditches shall be immediately seeded
upon grading and installation of utilities and the ditch itself shall be
improved with appropriate vegetative cover to retard erosion.
10. No surface water shall be channeled into a sanitary sewer.
5-2 Phase 2 Stormwater New Development Regulations
Amended June 7, 2021
A. General Provisions
Development and redevelopment alter the hydrologic response of local watersheds and
increases stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, nonpoint and point source pollution, and sediment transport and deposition, as
well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne
pollutants and alterations in hydrology which are harmful to public health and safety as
well as to the natural environment; and
These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act")and federal
Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
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requirements, compel certain urbanized areas, including this jurisdiction, to adopt the
minimum stormwater controls such as those included in this section.
Therefore, the Mebane City Council establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge.
B. Purpose
1. General
The purpose of this section is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-development stormwater
runoff and nonpoint and point source pollution associated with new development and
redevelopment. It has been determined that proper management of construction-related
and post-development stormwater runoff will minimize damage to public and private
property and infrastructure, safeguard the public health, safety, and general welfare, and
protect water and aquatic resources. This section is intended to comply with North
Carolina General Statute 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session Law 2006-246; Chapter 160A, §§ 174,
185 as amended.
2. Specific
This section seeks to meet its general purpose through the following specific objectives
and means:
1. Establishing decision-making processes for development that protects the integrity
of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-development
hydrologic response in their post-development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and point
source pollution and increases in stream temperature, and to maintain the integrity
of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the minimum post-
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as the
use of vegetated conveyances for stormwater and the preservation of greenspace,
riparian buffers, and other conservation areas to the maximum extent practicable;
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6. Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
C. Applicability and Jurisdiction
1. General
Beginning with and subsequent to its effective date, this section shall be applicable to
all development and redevelopment, including, but not limited to, site plan applications,
and subdivision applications within the corporate limits and extraterritorial jurisdiction of
the City of Mebane, unless exempt pursuant to Subsection (B) of this Section,
Exemptions.
2. Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger
common plan of development or sale is exempt from the provisions of this section.
Redevelopment that does not result in a net increase in built-upon area and that provides
greater or equal stormwater control than the previous development, and is not part of a
larger common plan of development.
Development and redevelopment that disturb less than one acre are not exempt if such
activities are part of a larger common plan of development or sale, even though multiple,
separate or distinct activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean
Water Act, as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities)
are exempt from the provisions of this section.
(a) Transitional Provisions and Exemptions
(i) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the City of Mebane prior to the
effective date of this original section and which remain valid, unexpired,
unrevoked and not otherwise terminated at the time of development or
redevelopment shall be exempt from complying with all provisions of this
section dealing with the control and/or management of post-construction
runoff, but shall be required to comply with all other applicable provisions
included in the project approval documents.
A phased development plan shall be deemed approved prior to the effective
data of this section if it has been approved by all necessary government units,
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it remains valid, unexpired, unrevoked and not otherwise terminated, and it
shows:
• For the initial or first phase of development, the type and intensity of use
for a specific parcel or parcels, including at a minimum, the boundaries
of the project and a subdivision plan that has been approved.
• For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this section to that phase of
development would require a material change in that phase of the plan.
(b) Violations Continue
Any violation of provisions existing on the effective date of this section shall
continue to be a violation under this section and be subject to penalties and
enforcement under this section unless the use, development, construction, or
other activity complies with the provisions of this section.
(c) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the
provisions of this section or unless exempted. No development for which a permit
is required pursuant to this section shall occur except in compliance with the
provisions, conditions, and limitations of the permit.
(d) Stormwater Map
The provisions of this section shall apply within the areas designated on the map
titled "Stormwater Map of City of Mebane, North Carolina" ("the Stormwater
Map"), which is adopted simultaneously herewith. The Stormwater Map and all
explanatory matter contained thereon accompanies and is hereby made a part
of this section.
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
section and the geographic location of all structural BMPs permitted under this
section. In the event of a dispute, the applicability of this section to a particular
area of land or BMP shall be determined by reference to the North Carolina
Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary sections.
D. Interpretation
1. Meaning and Intent
All provisions, terms, phrases, and expressions contained in this section shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined elsewhere
in The City of Mebane's code of ordinances, the meaning and application of the term
in this section shall control for purposes of application of this section.
2. Text Controls in Event of Conflict
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In the event of a conflict or inconsistency between the text of this section and any
heading, caption, figure, illustration, table, or map, the text shall control.
3. Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
section. Any person may request an interpretation by submitting a written request to
the Stormwater Administrator who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this section.
4. References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, section, statute, regulation, manual
(including the Stormwater BMP Design Manual), or document, it shall be construed
as a reference to the most recent edition of such that has been finalized and
published with due provision for notice and comment, unless otherwise specifically
stated.
5. Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the City of Mebane, the deadline or required date of
action shall be the next day that is not a Saturday, Sunday or holiday observed by
the City of Mebane. References to days are calendar days unless otherwise stated.
6. Delegation of Authority
Any act authorized by this Section to be carried out by the Stormwater Administrator
of the City of Mebane may be carried out by his or her designee.
7. Usage
8. Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may" and
"should" are permissive in nature.
8. Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted
as follows: The word "and" indicates that all connected items, conditions, provisions
and events apply. The word "or" indicates that one or more of the connected items,
conditions, provisions or events apply.
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9. Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular
number include the plural number and the plural number includes the singular
number, unless the context of the particular usage clearly indicates otherwise.Words
used in the masculine gender include the feminine gender, and vice versa.
10. Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of
a lot or site.
E. Stormwater BMP Design Manual
1. Reference to the Manual of Stormwater Best Management Practices (BMP).
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the latest published edition or
revision of the North Carolina Department of Environmental Quality's Stormwater
Design Manual as the basis for the City's Stormwater BMP Design Manual (referred
to herein as the Stormwater BMP Design Manual). The City's Stormwater BMP
Design Manual will serve as the basis for decisions about stormwater permits and
about the design, implementation and performance of structural and non-structural
stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable stormwater
treatment practices, including specific design criteria for each stormwater practice.
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with these design and sizing criteria will be presumed to meet the
minimum water quality performance standards of the Phase II laws.
2. Relationship of Stormwater BMP Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the Stormwater BMP Design Manual are more
restrictive or apply a higher standard than other laws or regulations, that fact shall
not prevent application of the specifications or guidelines in the Stormwater BMP
Design Manual.
3. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Stormwater BMP Design Manual are amended subsequent to the submittal of
an application for approval pursuant to this section but prior to approval, the new
information shall control and shall be utilized in reviewing the application and in
implementing this section with regard to the application.
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F. Relationship to Other Laws, Regulations and Private Agreements
1. Conflict of Laws
This section is not intended to modify or repeal any other section, rule, regulation
or other provision of law. The requirements of this section are in addition to the
requirements of any other section, rule, regulation or other provision of law. Where
any provision of this section imposes restrictions different from those imposed by
any other section, rule, regulation or other provision of law, whichever provision is
more restrictive or imposes higher protective standards for human or environmental
health, safety, and welfare shall control.
2. Private Agreements
This section is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this section are more
restrictive or impose higher standards or requirements than such easement,
covenant, or other private agreement, the requirements of this section shall govern.
Nothing in this section shall modify or repeal any private covenant or deed restriction,
but such covenant or restriction shall not legitimize any failure to comply with this
section. In no case shall City of Mebane be obligated to enforce the provisions of
any easements, covenants, or agreements between private parties.
G. Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
section shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this section.
H. Effective Date
1. Effective Date
This Section shall take effect on July 1, 2007.
I. Administration and Procedures
J. Review and Decision-Making Entities
1. Stormwater Administrator
A. Designation
Unless otherwise designated by the Mebane City Council, the Stormwater
Administer shall be the City Manager or his designee. The Stormwater
Administer shall administer and enforce this section.
2. Powers and Duties
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In addition to the powers and duties that may be conferred by other provisions of the
City of Mebane code and other laws, the Stormwater Administrator shall have the
following powers and duties under this section:
(a) To review and approve, approve with conditions, or disapprove applications
for approval of plans pursuant to this section.
(b) To make determinations and render interpretations of this section.
(c) To establish application requirements and schedules for submittal and review
of applications and appeals, to review and make recommendations to the
Mebane City Council on applications for development or redevelopment
approvals.
(d) To enforce the provisions of this section in accordance with its enforcement
provisions.
(e) To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this section.
(f) To provide expertise and technical assistance to the Mebane City Council,
upon request.
(g) To designate appropriate other person(s)who shall carry out the powers and
duties of the Stormwater Administrator.
(h) To take any other action necessary to administer the provisions of this
section.
3. Review Procedures
(a) Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless
exempt pursuant to this section. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
(b) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural
BMPs and elements of site design for stormwater management other than
structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this section, whether the approach consists of structural BMPs
or other techniques such as low-impact or low-density design. The permit does
not continue in existence indefinitely after the completion of the project; rather,
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compliance after project construction is assured by the maintenance provisions
of this section.
(c) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly authorized
agent.
(d) Establishment of Application Requirements, Schedule, and Fees
(i) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content
and form of all applications and shall amend and update those requirements
from time to time. At a minimum, the stormwater permit application shall
describe in detail how post-development stormwater runoff will be controlled
and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this section.
(ii) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications, and that the various stages in the
review process are accommodated.
(iii) Permit Review Fees
The Mebane City Council shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from time to time.
(iv)Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this section, and information on how and where to obtain
the Stormwater BMP Design Manual in an Administrative Manual, which shall
be made available to the public.
(e) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this section, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
(f) Review
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Within 15 working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application
complies with the standards of this section.
(g) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this section, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval as
needed to ensure compliance with this section. The conditions shall be included
as part of the approval.
(h) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with the
standards of this section, the Stormwater Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have
an opportunity to submit a revised application.
(i) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 working days after its re-submittal and shall be approved,
approved with conditions or disapproved.
If a revised application is not re-submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee for a new submittal.
One re-submittal of a revised application may be submitted without payment of
an additional permit review fee. Any re-submittal after the first re-submittal shall
be accompanied by a permit review fee additional fee, as established pursuant
to this section.
4. Applications for Approval
(a) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post-construction stormwater management system to be utilized in
the proposed development project. This consultation meeting should take place
at the time of the sketch or preliminary plan of subdivision or other early step in
the development process.
The purpose of this meeting is to discuss the post-construction stormwater
management measures necessary for the proposed project, as well as to discuss
and assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced.
Watershed Overlay Districts and other relevant resource protection plans should
be consulted in the discussion of the concept plan.
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To accomplish this goal the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(i) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at
a minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation, proposed limits of clearing
and grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
Existing and proposed topography shall be shown at two-foot contour
intervals on the tract to be developed and a minimum of 100-feet beyond the
property lines. All contour information shall be based on mean sea level and
accurate to within one-half foot, The benchmark, with its description and the
datum, shall be clearly shown on the plan.
(ii) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions,forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks
(e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention
should be paid to environmentally sensitive features that provide particular
opportunities or constraints for development and stormwater management.
(iii) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development
stormwater management system including: preliminary selection and
location of proposed structural stormwater controls; low-impact design
elements; location of existing and proposed conveyance systems such as
grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
(b) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this section, including
the section on Standards. All such plans shall be prepared by a qualified
registered North Carolina professional engineer, surveyor, soil scientist
or landscape architect, and the engineer, surveyor, soil scientist or
landscape architect shall perform services only in their area of
competence.
The plans shall contain a signed and sealed statement certifying that the
design of all stormwater management facilities and practices will control
and treat the runoff generated from one inch of rainfall over the total
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project area, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Stormwater BMP Design
Manual, and that the designs and plans ensure compliance with this
section.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to other portions of this ordinance.
(a) As-Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall
be granted, the applicant shall certify, under seal, that the completed
project is in accordance with the approved stormwater management
plans and designs and with the requirements of this section. The
applicant shall submit all of the information required in the As-Built
submittal checklist established by the Stormwater Administrator. As-built
submittals shall be certified by a qualified registered North Carolina
professional engineer, surveyor, soil scientist or landscape architect. A
final inspection and approval by the Stormwater Administrator shall occur
before the release of any performance securities.
(b) Other Permits
No certificate of compliance or occupancy shall be issued by the City of
Mebane without final as-built plans and a final inspection and approval
by the Stormwater Administrator.
5. Approvals
(a) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and
federal authorities.
6. Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed to make
substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time
limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there
has been substantial reliance on the original permit and the change in standards
would infringe the applicant's vested rights.
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7. Appeals
(a) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this section made by
the Stormwater Administrator may file an appeal to the Mebane City Council
within 30 days.
(b) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by City of Mebane. The
Stormwater Administrator shall forthwith transmit to the Mebane City Council all
documents constituting the record on which the decision appealed from was
taken.
The hearing conducted by the Mebane City Council shall be conducted in the
nature of a quasi-judicial proceeding with all findings of fact supported by
competent, material evidence, in accordance with N.C.G.S. 160D-406.
(c) Review by Superior Court
The decision of the Mebane City Council shall be subject to Superior Court
review by proceedings in the nature of certiorari, as provided in NCGS 160D,
Article 14. Petition for review by the Superior Court shall be filed with the Clerk
of Superior Court within thirty (30) days after the latter of the following:
(i) The decision of the Mebane City Council is filed; or
(ii) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Mebane City Council at the time
of its hearing of the case.
J. Standards
1. General Standards
All development and redevelopment to which this section applies shall comply with
the standards of this section. The design and construction of stormwater
improvements shall be according to the City of Mebane Storm Sewer Design Manual
and the City's Stormwater BMP Design Manual which requirements are hereby
adopted and made a part of this Section as if set out in full.
2. Development Standards for Low-Density Projects
Low-density projects may not exceed either two dwelling units per acre or
twenty-four percent built-upon area for all residential and non-residential
development and shall comply with each of the following standards:
(a) Stormwater Conveyance
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Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(b) Stream Buffers
All built-upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A perennial or intermittent
surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). An exception to this requirement
may be allowed when surface waters are not present in accordance with
the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific
determination made using Division-approved methodology. Stream buffers
within this section are subservient to more stringent buffers per other
portions of this section.
(c) Density Provision
A project with an overall density at or below the low-density thresholds, but
containing areas with a density greater than the overall project density,
may be considered low density as long as the project meets or exceeds
the post-construction model practices for low-density projects and locates
the higher density in upland areas and away from surface waters and
drainageways to the maximum extent practicable.
(d) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
3. Development Standards for High-Density Projects
High-density projects any project that exceeds either the low density
thresholds for dwelling units per acre or built-upon area shall implement
structural stormwater management systems that comply with each of the
following standards:
(a) Treatment Volume
The measures shall be designed to control and treat the stormwater run-
off generated by the 1" (one inch) of rain;
(b) Drawdown Time
Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours;
(c) Post-Development Flows
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Stormwater shall not leave the project site at a rate greater than the
predevelopment discharge rate for the ten-year, 24-hour storm;
(d) Total Suspended Solids Removal
All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS);
(e) General Design Criteria
General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Design Manual;
All stormwater control measures that incorporate a permanent or
temporary water pool with depth greater than two feet shall be fenced.
The fence shall meet the design standards maintained by the Stormwater
Administrator.
(f) Stream Buffers
All built-upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A surface water shall be
deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture
(USDA) or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic
Survey (USGS). An exception to this requirement may be allowed when
surface waters are not present in accordance with the provisions of 15A
NCAC 2B .0233 (3)(a) or similar site-specific determination made using
Division-approved methodology. Stream buffers within this section are
subservient to more stringent buffers per other portions of this section.
(g) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
4. Standards for Stormwater Control Measures
(a) Evaluation According to Contents of Stormwater BMP Design Manual
All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices (BMPs) or Stormwater Control
Measures (SCMs), required under this section shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the
specific design criteria for each stormwater practice, in the Stormwater
BMP Design Manual. The Stormwater Administrator shall determine
whether proposed BMPs will be adequate to meet the requirements of
this section.
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(b) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
Stormwater BMP Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this section.
Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and
specifications in the Stormwater BMP Design Manual, the applicant shall
have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this
section. The Stormwater Administrator may require the applicant to
provide the documentation, calculations, and examples necessary for the
Stormwater Administrator to determine whether such an affirmative
showing is made.
(c) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by as required within the Stormwater
BMP Design Manual.
5. Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of the property or a
legally established property owner's association. Such facilities shall meet
all the requirements of this section and include adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
6. Variances
(a) Petition
Any person may petition the City of Mebane for a variance granting
exceptions from the 30-foot landward location of built-upon area
requirement as well as the deed restrictions and protective covenants
requirement as follows:
(i) Unnecessary hardships would result from strict application of this section but
it shall not be necessary to demonstrate, in the absence of the variance, no
reasonable use of the property can be made.
(ii) The hardships result from conditions that are peculiar to the property, such
as the location, size, or topography of the property.
(iii) The hardships did not result from actions taken by the petitioner.
(iv)The requested variance is consistent with the spirit, purpose, and intent of
this section; will secure public safety and welfare; and will preserve
substantial justice.
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The City of Mebane may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
7. Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the
30-foot landward location of built-upon area requirement as well as the
deed restrictions and protective covenants requirements shall be granted
in any of the following instances:
(i) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have
the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs.
(ii) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited
to, water, sewer, or gas construction and maintenance corridor, as long as it
is located 15 feet landward of all perennial and intermittent surface waters
and as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent practicable through
the use of BMPs.
(iii) A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of
the proposed activity and all alternative designs, the basic project purpose
cannot be practically accomplished in a manner which would avoid or result
in less adverse impact to surface waters.
8. Nutrient Sensitive Waters Program
In addition to the standards for stormwater handling set out in the Stormwater
BMP Design Manual, development and redevelopment shall design and
implement the best stormwater practices that reduce nutrient loading, while
still meeting the other requirements of this section.
9. Nutrient Management and Application Program
This section requires both inorganic fertilizer and organic nutrient application
to be performed with the most current state-recognized technical guidance on
proper nutrient management.
(a) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the City of Mebane as follows.
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(i) Persons who own or manage cropland areas for commercial purposes;
(ii) Persons who own or manage commercial ornamental and floriculture areas
and greenhouse production areas;
(iii) Persons who own or manage golf courses, grassed public recreational lands,
grassed road or utility rights-of-way, or other institutional lands totaling at
least five acres in size;
(iv) Persons hired to apply nutrients to the lands described in Sub-Items (1)
through (3) above or to residential, commercial, industrial or institutional
properties, if the total area of the properties served exceeds 10 acres. This
shall not apply to residential, commercial, or industrial landowners who apply
nutrients to their own property.
(v) Nutrient management consultants hired by persons listed in this Item to
provide nutrient management advice for lands in the City's jurisdiction.
(b) Requirements
Persons to whom this Section applies shall meet the following
requirements:
(a) Any person subject to this rule who applies nutrients to, or who is hired to
provide nutrient management advice for, land within the City's jurisdiction
shall either:
a. Attend and complete nutrient management training pursuant to Item
308(C) of this Section; or
b. Complete and properly implement a nutrient management plan for all
lands to which they apply or manage the application of nutrients, or for
which they provide nutrient management advice, pursuant to Item 308(D)
of this Section.
(b) Persons who hire an applicator to apply nutrients to the land that they own
or manage shall either:
(a) Ensure that the applicator they hire has attended and completed nutrient
management training pursuant to Item 308(C) of this Section; or
(b) Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage pursuant to Item
308(D) of this Section; or
(c) Complete a nutrient management plan for the land that they own or
manage pursuant to Item 308(D) of this Section and ensure that the
applicator they hire follows this plan.
10. Nutrient Management Training
Persons who choose to meet this requirement by completing nutrient
management training shall meet the following requirements.
(a) Persons who are subject to this Section as of its effective date, and persons
who become subject to this Section after its effective date, shall complete
training provided by either the Cooperative Extension Service or the North
Carolina Department of Environment and Natural Resources - Division of
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Water Quality within five years and obtain a certificate from the training entity
to that effect. Training shall be sufficient to provide participants with an
understanding of the value and importance of proper management of
nitrogen and phosphorus, and the water quality impacts of poor nutrient
management, and the ability to understand and properly carry out a nutrient
management plan.
(b) Persons who become subject to this Section after its effective date shall
complete the training provided by either the Cooperative Extension Service
or the North Carolina Department of Environment and Natural Resources -
Division of Water Quality and obtain a certificate to that effect from the
training entity within one year from the date that they become subject
verifying completion of training that addresses the elements identified in
308(C)1.
(c) Persons who fail to obtain the nutrient management certificate within the
required timeframes or who are found by the Stormwater Administrator to
have knowingly failed to follow nutrient management requirements as
referenced in 308(D)1 through 308(D)1.c of this section shall develop and
properly implement nutrient management plans pursuant to Item (e) of this
Section.
(d) Training certificates must be kept on-site, at the job site, or be produced
within 24 hours of a request by the City of Mebane.
11. Nutrient Management Plans
Persons who choose to meet the nutrient application requirement by
completing and implementing a nutrient management plan shall meet the
following requirements.
(a) Persons who are subject to this Section as of its effective date and persons who
become subject to this Section after its effective date shall develop and
implement a nutrient management plan that meets the following standards within
five years of the effective date or within 6 months from the date that they become
subject, whichever is later.
(b) Nutrient management plans for cropland shall meet the standards and
specifications adopted by the NC Soil and Water Conservation Commission,
including those found in 15A NCAC 06E .0104 and 15A NCAC 06F .0104, which
are incorporated herein by reference, including any subsequent amendments
and additions to such rules that are in place at the time that plans are approved
by a technical specialist as required under 308(D)2 of this section.
(c) Nutrient management plans for turfgrass shall follow the North Carolina
Cooperative Extension Service guidelines in "Water Quality and Professional
Lawn Care" (NCCES publication number WQMM-155), "Water Quality and
Home Lawn Care" (NCCES publication number WQMM-151), or other
equivalent or more stringent guidance distributed by land-grant universities for
turfgrass management.
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(d) Nutrient management plans for nursery crops and greenhouse production shall
follow the Southern Nurserymen's Association guidelines promulgated in "Best
Management Practices Guide For Producing Container-Grown Plants" or
guidelines distributed by land-grant universities. The materials related to nutrient
management plans for turfgrass, nursery crops and greenhouse production are
hereby incorporated by reference including any subsequent amendments and
editions and are available for inspection at the Department of Environment and
Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina.
(e) The person who writes the nutrient management plan shall have the plan
approved in writing by a technical specialist. Appropriate technical specialists
shall be as follows.
(f) Nutrient management plans for cropland using either inorganic fertilizer or
organic nutrients shall be approved by a technical specialist designated pursuant
to the process and criteria specified in Rules adopted by the Soil and Water
Conservation Commission for nutrient management planning, including 15A
NCAC 06F .0105, excepting Sub-Item (a)(2) of that Rule.
(g) Nutrient management plans for turfgrass and nursery crops and greenhouse
production shall be approved by a technical specialist designated by the Soil and
Water Conservation Commission pursuant to the process and criteria specified
in 15A NCAC 06F .0105, excepting Sub-Item (a)(2) of that Rule. If the Soil and
Water Conservation Commission does not designate such specialists, then the
Environmental Management Commission shall do so using the same process
and criteria.
(h) Nutrient management plans and supporting documents must be kept on-site or
be produced within 24 hours of a request by the City.
12. On-site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on-site
wastewater treatment systems, a copy of the approved system permit issued
by the Alamance County Environmental Health Department shall be provided
to the Stormwater Administrator.
K. Maintenance
1. General Standards for Maintenance
(a) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this section shall
maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.
(b) Annual Maintenance Inspection and Report
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The person responsible for maintenance of any structural BMP installed
pursuant to this section shall submit to the Stormwater Administrator an
annual inspection report from one of the following persons performing
services only in their area of competence: a qualified registered North
Carolina professional engineer, surveyor, or landscape architect, soil
scientist, aquatic biologist, or person certified by the North Carolina
Cooperative Extension Service for stormwater treatment practice inspection
and maintenance. The inspection report shall contain all of the following:
(i) The name and address of the land owner;
(ii) The recorded book and page number of the lot of each structural BMP;
(iii) A statement that an inspection was made of all structural BMPs;
(iv)The date the inspection was made;
(v) A statement that all inspected structural BMPs are performing properly and are
in compliance with the terms and conditions of the approved maintenance
agreement required by this section; and
(vi)The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as-built
certification and each year thereafter on or before the date of the as-built
certification.
2. Operation and Maintenance Agreement
(a) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this section, and prior to issuance of any permit
for development or redevelopment requiring a structural BMP pursuant to this
section, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the
site, portions of the site, and lots or parcels served by the structural BMP.
Until the transference of all property, sites, or lots served by the structural
BMP, the original owner or applicant shall have primary responsibility for
carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners
to maintain, repair and, if necessary, reconstruct the structural BMP, and
shall state the terms, conditions, and schedule of maintenance for the
structural BMP. In addition, it shall grant to City of Mebane a right of entry in
the event that the Stormwater Administrator has reason to believe it has
become necessary to inspect, monitor, maintain, repair, or reconstruct the
structural BMP; however, in no case shall the right of entry, of itself, confer an
obligation on City of Mebane to assume responsibility for the structural BMP.
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The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be referenced on
the final plat and shall be recorded with the county Register of Deeds upon
final plat approval. A copy of the recorded maintenance agreement shall be
given to the Stormwater Administrator within fourteen (14) days following its
recordation.
(b) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this section and that are to be or
are owned and maintained by a homeowners' association, property owners'
association, or similar entity, the required operation and maintenance
agreement shall include all of the following provisions:
(c) Acknowledgment that the association shall continuously operate and maintain
the stormwater control and management facilities.
(d) Establishment of a financial guarantee per the City of Mebane's standard operation
and maintenance agreement that provides for maintenance of the BMP. The City of
Mebane's standard operation and maintenance agreement is to be reviewed and
approved the City Attorney.
(e) Granting to the City of Mebane a right of entry to inspect, monitor, maintain, repair,
and reconstruct structural BMPs.
(f) Allowing the City of Mebane to recover from the association any and all costs the
City of Mebane expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Mebane all of its expended costs,
after forty-five days written notice, shall constitute a breach of the agreement. In
case of a deficiency, the City of Mebane shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both. Interest, collection costs,
and attorney fees shall be added to the recovery.
(g) A statement that this agreement shall not obligate the City of Mebane to maintain or
repair any structural BMPs, and the City of Mebane shall not be liable to any person
for the condition or operation of structural BMPs.
(h) A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the City of Mebane to enforce any of its ordinances as authorized by law.
(i) A provision indemnifying and holding harmless the City of Mebane for any costs and
injuries arising from or related to the structural BMP, unless the City of Mebane has
agreed in writing to assume the maintenance responsibility for the BMP and has
accepted dedication of any and all rights necessary to carry out that maintenance.
3. Inspection Program
Inspections and inspection programs by City of Mebane may be conducted or
established on any reasonable basis, including but not limited to routine
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inspections; random inspections; inspections based upon complaints or other
notice of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling
discharges, surface water, groundwater, and material or water in BMPs; and
evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection,
the Stormwater Administrator shall proceed to obtain an administrative
search warrant pursuant to G.S. 15-27.2 or its successor. No person shall
obstruct, hamper or interfere with the Stormwater Administrator while carrying
out his or her official duties.
4. Performance Security for Installation and Maintenance
(a) May Be Required
The City of Mebane may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in order to
ensure that the structural BMPs are:
(b) installed by the permit holder as required by the approved stormwater management
plan, and/or
(c) maintained by the owner as required by the operation and maintenance agreement.
(d) Amount
(e) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
25%.
(f) Maintenance
The amount of a maintenance performance security shall be the equal to forty
(40) percent of the total estimated construction cost of the BMP approved
under the permit.
(g) Uses of Performance Security
(i) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain
any actions which may be required of the applicant or owner in accordance with
this section, approvals issued pursuant to this section, or an operation and
maintenance agreement established pursuant to this section.
(ii) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
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obtain and use all or any portion of the security to make necessary improvements
based on an engineering estimate. Such expenditure of funds shall only be made
after requesting the owner to comply with the permit or maintenance agreement.
In the event of a default triggering the use of installation performance security,
the City of Mebane shall not return any of the unused deposited cash funds or
other security, which shall be retained for maintenance.
(iii) Costs in Excess of Performance Security
If City of Mebane takes action upon such failure by the applicant or owner, the
City may collect from the applicant or owner the difference between the amount
of the reasonable cost of such action and the amount of the security held, in
addition to any other penalties or damages due.
(iv) Refund
Within sixty days of the final approval, the installation performance security shall
be refunded to the applicant or terminated, with the exception of any amount
attributable to the cost (plus 25%) of landscaping installation and ongoing
maintenance associated with the BMPs covered by the security. Any such
landscaping shall be inspected one (1) year after installation with replacement
for compliance with the approved plans and specifications and, if in compliance,
the portion of the financial security attributable to landscaping shall be released.
5. Notice to owners
(a) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded with
the county Register of Deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the operations and maintenance agreement shall be
recorded with the county Register of Deeds so as to appear in the chain of title
of all subsequent purchasers under generally accepted searching principles.
(b) Signage
Where appropriate in the determination of the Stormwater Administrator to
assure compliance with this section, structural BMPs shall be posted with a
conspicuous sign stating who is responsible for required maintenance and
annual inspection. The sign shall be maintained so as to remain visible and
legible.
6. Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections,
maintenance, and repairs for at least five years from the date of creation of
the record and shall submit the same upon reasonable request to the
Stormwater Administrator.
7. Nuisance
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The owner of each stormwater BMP, whether structural or non-structural
BMP, shall maintain it so as not to create or result in a nuisance condition.
8. Maintenance Easement
Every structural BMP installed pursuant to this section shall be made
accessible for adequate maintenance and repair by a maintenance
easement. This access maintenance easement shall have a minimum width
of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be
cleared, and be traversable by construction equipment. The easement shall
be recorded and its terms shall specify who may make use of the easement
and for what purposes.
L. Enforcement and Violations
1. General
(a) Authority to Enforce
The provisions of this section shall be enforced by the Stormwater Administrator,
his or her designee, or any authorized agent of City of Mebane. Whenever this
section refers to the Stormwater Administrator, it includes his or her designee as
well as any authorized agent of City of Mebane.
(b) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this section, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant
to this section, is unlawful and shall constitute a violation of this section.
(c) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(d) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this section shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or maintains
a condition that results in or constitutes a violation of this section, or fails to take
appropriate action, so that a violation of this section results or persists; or an
owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the violation
occurs.
For the purposes of this Section, responsible person(s) shall include but not be
limited to:
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(e) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this section, or fails to take appropriate
action, so that a violation of this section results or persists.
(f) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwater controls or practices
pursuant to a private agreement or public document, or any person, who has
control over, or responsibility for, the use, development or redevelopment of the
property.
2. Remedies and Penalties
The remedies and penalties provided for violations of this section, whether civil
or criminal, shall be cumulative and in addition to any other remedy provided by
law, and may be exercised in any order.
(a) Remedies
(i) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue
a certificate of occupancy for the building or other improvements constructed
or being constructed on the site and served by the stormwater practices in
question until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured
the violations described therein.
(ii) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this section continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
Planning Board of the City of Mebane may disapprove, any request for permit
or development approval or authorization provided for by this section or the
Planning Board of the City of Mebane for the land on which the violation
occurs.
(iii) Injunction, Abatements, etc.
The City Attorney, with the authorization of the City Council, may institute an
action in a court of competent jurisdiction for a mandatory or prohibitory
injunction and order of abatement to correct a violation of this section. Any
person violating this section shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law.
(iv) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health
or public safety and is within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Stormwater Administrator, with the
authorization of the City Council, may cause the violation to be
corrected and the costs to be assessed as a lien against the property.
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(v) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this section. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop
work order may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations.
(vi) Civil Penalties
Violation of this section may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does
not pay the penalty within 30 days after notice of the violation is
issued by the Stormwater Administrator. Civil penalties may be
assessed up to the full amount of penalty to which the City of Mebane
is subject for violations of its Phase II Stormwater permit.
(vii)Criminal Penalties
Violation of this section may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law.
3. Procedures
(a) Initiation/Complaint
Whenever a violation of this section occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be
investigated promptly by the Stormwater Administrator.
(b) Inspection
The Stormwater Administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or
premises to ensure compliance with this section.
(c) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land
is in violation of this section, the Stormwater Administrator shall notify, in
writing, the property owner or other person violating this section. The
notification shall indicate the nature of the violation, contain the address or
other description of the site upon which the violation is occurring, order the
necessary action to abate the violation, and give a deadline for correcting the
violation. If civil penalties are to be assessed, the notice of violation shall also
contain a statement of the civil penalties to be assessed, the time of their
accrual, and the time within which they must be paid or be subject to
collection as a debt.
The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the City Police Department, City Planning
Department, by certified or registered mail, return receipt requested, or by
any means authorized for the service of documents by Rule 4 of the North
Carolina Rules of Civil Procedure.
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If a violation is not corrected within a reasonable period of time, as provided
in the notification, the Stormwater Administrator may take appropriate action
under this section to correct and abate the violation and to ensure compliance
with this section.
(d) Extension of Time
A person who receives a notice of violation and correction order, or the owner
of the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining that the request includes enough information to
show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the
Stormwater Administrator may extend the time limit as is reasonably
necessary to allow timely correction of the violation, up to, but not exceeding
30 days. The Stormwater Administrator may grant 15-day extensions in
addition to the foregoing extension if the violation cannot be corrected within
the permitted time due to circumstances beyond the control of the person
violating this section. The Stormwater Administrator may grant an extension
only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be
subject to the penalties described in the notice of violation and correction
order.
(e) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator
shall determine if the violation is corrected. If the violation is not corrected,
the Stormwater Administrator may act to impose one or more of the remedies
and penalties authorized by this section.
(f) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this section or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the
immediate cessation of a violation. Any person so ordered shall cease any
violation immediately. The Stormwater Administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty
authorized by this Section.
M. Definitions
Refer to Article 12 "Definitions".
5-3 Watershed Overlay District Regulations
A. Purpose and Intent
The watershed protection overlay districts, as described in Section 3-1, C,
2, (b) and (c) are designed to protect designated public water supply
watershed from activities which could degrade water quality. The following
separate watershed protection overlay districts have been established:
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1. WCA, Watershed Critical Area Overlay District and
2. GWA, General Watershed Area Overlay District.
The above water supply watershed overlay districts are within public water
supply watersheds that have been classified by the State of North Carolina
as a WS-II watershed. The WCA Overlay District represents the Graham-
Mebane Lake Public Water Supply Watershed WS-II Critical Area and the
Upper Eno River Public Water Supply Watershed WS-II Critical Area, the
GWA Overlay District represents the Graham-Mebane Lake Public Water
Supply Watershed WS-II Balance of Watershed Area and the Upper Eno
River Public Water Supply Watershed WS-II Balance of Watershed Area,
all as designated by the NC Environmental Management Commission. The
purpose of this Section is to implement the provisions of the Water Supply
Watershed Protection Act (NCGS 143-214.5) which requires the City of
Mebane to adopt minimum land use regulations, consistent with the WS-II
Critical Area and Balance of Watershed management rules as adopted by
the North Carolina Environmental Management Commission, to protect the
water quality of the Graham-Mebane Lake Watershed and Upper Eno River
Watershed located within the city's planning and zoning jurisdictional area.
Amended June 7, 2021
B. General Provisions Applicable to Water Supply Watershed Overlay
C. Districts
Amended June 7, 2021
1. The construction of new roads and bridges and non-residential
development should minimize built-upon area, divert stormwater away
from surface water supply waters as much as possible, and employ
best management practices (BMPs) to minimize water quality impacts.
To the extent practicable, construction of new roads in the critical area
should be avoided. The Department of Transportation BMPs as
outlined in their document entitled Best Management Practices for the
Protection of Surface Waters shall be used in all road and bridge
construction projects in the Watershed Overlay Districts.
2. All development activities within Watershed Overlay Districts, in
addition to those activities specifically regulated by these provisions,
are subject to the standards, usage conditions and other regulations
contained in the Rules and Requirements of the Surface Water Supply
Protection Rules adopted by the North Carolina Environmental
Management Commission.
3. A minimum 30-foot vegetative buffer for development activities is
required along all perennial waters, including streams, rivers and
impoundments, indicated on the most recent versions of the United
Mebane UDO,Article 5 5-32
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States Geodetic Survey (USGS) 1:24,000 scale topographic maps;
provided, that a 50-foot buffer shall be required along Graham-Mebane
Lake. Nothing in this subsection shall prevent artificial streambank or
shoreline stabilization. No new development is allowed in the buffer,
except that water-dependent structures and public works projects such
as road crossings and greenways, may be allowed where no
practicable alternative exists. These activities shall minimize built-upon
surface area, direct runoff away from the surface water, and maximize
the utilization of BMPs. The City's Riparian Buffer Protection
Ordinance shall have precedence over all other stream or riparian
buffer regulations within the City of Mebane's Jordan Lake Watershed
jurisdiction. Stream buffers within the Falls Lake Watershed are
administered by the NC Department of Environmental Quality.
4. Existing development, as defined in this Ordinance, is not subject to the
requirements of the overlay provisions. Expansions to structures, other
than single-family, classified as existing development must meet the
requirements of these provisions, provided however, the built-upon
area of the existing development is not required to be included in the
density calculations. In determining expansions to existing
development, the maximum permitted additional built-upon area is
derived by multiplying the area of the portion of the property that is not
built-upon by the appropriate percent built-upon limitation for the
Overlay District in which the property is located.
5. A pre-existing lot created prior to the effective date of this Ordinance,
regardless of whether or not a vested right has been established, may
be developed or redeveloped for single-family residential purposes
without being subject to the restrictions of these overlay provisions.
6. Any existing building or built-upon area not in conformance with the
limitations of these provisions that has been damaged or removed for
any reason may be repaired and/or reconstructed, provided:
(a) Repair or reconstruction is initiated within 12 months and completed
within 2 years of such damage or removal.
(b) The total amount of space devoted to built-upon area may not be
increased.
(c) The repair or reconstruction is otherwise permitted under the provisions
of this Ordinance.
7. Clustering of development if permitted by the underlying use district is
allowed on a project by project basis as follows: overall density of the
project meets associated density or stormwater control requirements;
built upon areas are designed and sited to minimize stormwater runoff
impact to the receiving waters and minimizes concentrated stormwater
flow; remainder of tract to remain in vegetated or natural state.
Mebane UDO,Article 5 5-33
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8. No activity, situation, structure or land use shall be permitted or allowed
to operate within a watershed which poses a threat to water quality and
the public health, safety and welfare. Such conditions may arise from
inadequate on-site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper
storage or disposal of junk, trash or other refuse within a buffer area;
the absence or improper implementation of a spill containment plan for
toxic and hazardous materials; the improper management of
stormwater runoff; or any other situation found to pose a threat to water
quality.
9. The Zoning Administrator may require such information on subdivision
plat, zoning and special use permit and site development plan
applications, including density/built-upon area calculations, as he/she
may deem necessary to determine compliance with Watershed Overlay
District provisions. Preliminary and final subdivision plat approval and
other such plan approvals may be required to note density/built-upon
limitations on the plat. For example, plats may be required to show
such information as total area of the development, the amount and
percent of impervious area in streets and sidewalks, the amount and
percent of impervious area in other public improvements, and the
amount and percent of impervious area that is allocated to the various
lots for future development. Such information shall be displayed in such
a manner that the Zoning Administrator can readily determine
compliance with these provisions on a project by project basis.
10. The Zoning Administrator may, prior to the issuance of any permit in a
Watershed Overlay District, require evidence of a valid Sedimentation
Control Permit issued by the State of North Carolina or evidence
satisfactory to the Zoning Administrator that no permit is required.
11. The Zoning Administrator shall maintain records of the administration
of the Watershed Overlay District regulations and shall submit any
modifications of the regulations and/or Map to the Division of
Community Assistance. The Zoning Administrator shall also maintain
a record of variances issued pursuant to Article 8, Section 8-2, C of this
Ordinance and shall submit an annual report of each project receiving
a variance and the reason for the variance to the Division of
Environmental Management.
D. WCA, Watershed Critical Area Overlay District Regulations
Amended August 2, 2021
1. General Development Standards:
(a) No new sites for land application of sludge/residual or petroleum
contaminated soils are allowed.
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(b) No new landfills are allowed.
(c) Existing non-residential development shall maintain an inventory of
all toxic and hazardous materials and shall implement a spill/failure
containment plan approved by the Fire Chief or his designated agent.
(d) No new use which uses, stores or manufactures hazardous or toxic
materials on the premises shall be allowed.
(e) No new use which is first permitted in either the HM or LM
manufacturing zoning districts shall be allowed.
(f) No new underground fuel or chemical storage tanks are allowed.
2. Density-Built-upon Limitations:
(a) Residential development shall not exceed one dwelling unit per two
acres or, optionally, 6 percent built-upon area, on a project by project
basis.
(b) Non-residential development shall not exceed 6 percent built-upon
area, on a project by project basis.
E. GWA, General Watershed Area Overlay District (Balance of Watershed)
Regulations
Amended August 2, 2021
1. General Development Standards:
(a) No new discharging landfills are allowed.
(b) Existing non-residential development shall maintain an inventory of
all toxic and hazardous materials and shall implement a spill/failure
containment plan approved by the Fire Chief or his designated agent.
2. Density/Built-Upon Limitations:
(a) Residential development shall not exceed one dwelling unit per acre
or, optionally 12 percent built-upon area, on a project by project basis.
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(b) Non-residential development shall not exceed 12 percent built-upon
area, on a project by project basis.
(c) Notwithstanding the limitations of subsection (b)above, 10 percent of
the GWA area may be developed with new projects of up to 70
percent built-upon area as Special Intensity Allocations (SIAs). SIAs
shall be allocated and developed in accordance with the following
rules:
(1) SIAs shall be allocated by the Zoning Administrator through
the Zoning Permit/Development Plan process. The Zoning
Administrator shall maintain a record of the total acreage in
the GWA area eligible for SIAs, the acreage that has been
allocated and the acreage that has been used as of the
latest date. In no case shall allocated acreage exceed the
acreage eligible for allocation.
(2) SIAs shall be allocated on a `first come, first served' basis
upon the approval and issuance of the appropriate permit,
provided that no SIA shall be allocated to a development
unless it is served by or is to be served by City of Mebane
water and sewer service.
(3) The right to develop a SIA shall terminate with the loss of
the right to develop due to the expiration of a zoning permit,
zoning permit with vested right, or building permit. In such
a case, the allocated acreage, or unused allocated acreage,
shall be returned to the unallocated total acreage eligible for
allocation.
Amended August 2, 2021
(4) All SIA development shall be located so that all stormwater
from the development drains into an engineered stormwater
control facility designed and constructed in accordance with
all the requirements of subsection E, 5, (c) below.
F. Exceeding Basic Density/Built-upon Limitations; Permit to Exceed
Development in the Watershed Overlay Districts may exceed the basic
density/built-upon limitations established in subsections C, 2 and D, 2 above
upon the receipt of a Permit to Exceed from the Zoning Administrator. No
Permit to Exceed shall be issued except for development which is in
conformance with the following conditions and limitations:
1. Built-upon Limitations
In no case, other than the above listed SIA, shall the built-upon area of any
development, on a project by project basis, exceed the following limitations
and all development shall be calculated on a built-upon area basis only:
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(a) WCA 24% built-upon area
(b) GWA 30% built-upon area
Nothing in this Section, however, shall permit any development to exceed
the maximum permissible lot coverage limitations for principal and
accessory buildings as set forth in this Ordinance for Use Districts.
Amended June 7, 2021
2. Buffer
A minimum 50 foot vegetative buffer is required for any new development
activity within the Jordan Lake watershed and a minimum 100 foot
vegetative buffer is required for any new development activity within the
Falls Lake watershed which exceeds the basic density/built-upon
limitations along all perennial waters indicated on the most recent versions
of USGS 1:24,000 scale topographic maps. Nothing in this subsection
shall prevent artificial streambank or shoreline stabilization. No new
development is allowed in the buffer, except that water dependent
structures and public works projects such as road crossings, utilities and
greenways may be allowed where no practicable alternatives exist. These
activities shall minimize built-upon surface area, direct runoff away from
surface water, and maximize the use of BMPs. The City's Riparian Buffer
Protection Ordinance shall have precedence over all other stream or
riparian buffer regulations within the City of Mebane's jurisdiction.
Amended June 7, 2021
3. Development Location
All development which exceeds the basic density/built-upon limitations
shall be located so that all stormwater from the development drains into an
engineered stormwater control facility designed and constructed in
conformance with the requirements of this Section.
4. Facility Approval
No Permit to Exceed shall be issued for any development until such facility
is fully constructed and approved by the Zoning Administrator or his/her
agent to be capable of functioning in accordance with the requirements of
this Section. Prior to inspection by the Zoning Administrator or his/her
agent to determine compliance, the developer shall furnish a certification
sealed by an engineer or landscape architect stating that the facility is
complete and consistent with the approved plans and specifications.
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5. Facility Requirements
Engineered stormwater control facilities intended to serve development
which exceeds the basic density/built-upon limitations of this Ordinance
shall conform with the following requirements:
(a) Developer Responsible for Costs. The developer or his designee
shall be responsible for all costs associated with the construction,
operation, maintenance and repair of any such facility.
(b) Plans Required. No construction shall begin on any such facility until
the construction, operation and maintenance and related plans have
been submitted to and approved by the Zoning Administrator. The
maintenance and operation plan shall specify a facility ownership
plan and the entity to be responsible for maintenance, operation, and
repair. The plan shall designate sufficient area and access to perform
inspections maintenance, repairs and reconstruction. The plan shall
also provide a cost estimate for routine and non-routine maintenance
over a 20 year period. At the time the plans are submitted, the
developer shall pay to the City of Mebane a plan review and
construction inspection fee as set by the City Council.
(c) Design Standards. All stormwater control facilities shall be designed
in accordance with the City's Stormwater BMP Design Manual with a
primary treatment system unless alternative stormwater management
measures, as outlined in subsection (f) below, are used. Specific
requirements for these systems shall be in accordance with the
following design criteria:
(1) Stormwater Control Systems shall be designed to control
and treat the stormwater run-off generated by the 1" (one
inch) of rain;
(2) Runoff volume drawdown time shall be a minimum of 48
hours, but not more than 120 hours;
(3) Stormwater shall not leave the project site at a rate greater
than the predevelopment discharge rate for the ten-year,
24-hour storm;
(4) All structural stormwater treatment systems used to meet
the requirements of the program shall be designed to have
a minimum of 85% average annual removal for Total
Suspended Solids (TSS);
(5) General engineering design criteria for all projects shall be
in accordance with applicable state law, as explained in the
Design Manual;
(6) All stormwater control measures that incorporate a
permanent or temporary water pool with depth greater than
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two feet shall be fenced. The fence shall meet the design
standards within the Design Manual.
(7) All disturbed land areas shall be provided with a ground
cover sufficient to restrain erosion within 15 days after any
land disturbance. Upon completion of the stormwater
control structure, a permanent ground cover shall be
established and maintained as part of the maintenance and
operations plan.
Amended June 7, 2021
(d) A description of the area containing the stormwater control structure
shall be prepared and filed as a separate deed with the applicable
county Register of Deeds along with any easements necessary for
general access to the stormwater control structure. The deeded area
shall include the stormwater control structure, vegetative filters, all
pipes and water control structures, berms, dikes, etc., and sufficient
area to perform inspections, maintenance, repairs, and
reconstruction.
(e) Qualifying areas of the stormwater control structure may be
considered pervious when computing total built-upon area. However,
if the structure is used to compute the percentage built-upon area for
one site, it shall not be used to compute built-upon are for any other
site or area.
(f) Alternative Stormwater Management Measures. Alternative
stormwater management systems, as detailed in the NC Stormwater
Best Management Practices Manual, consisting of one treatment
option or a combination of treatment options, may be used. The
design criteria for approval shall be 85 percent average annual
removal of Total Suspended Solids.
(g) Additional Water Quantity Restrictions. The City of Mebane may, at
its discretion, require matching of the predevelopment discharge
rate for up to the one hundred year, 24 hour storm. This basis shall
be defined by pre-existing excessive downstream flooding.
Amended June 7, 2021
6. Finance Guarantee and Maintenance Agreement
Before the Zoning Administrator shall approve the completed facility
and issue any Permit to Exceed, the developer and/or maintaining
entity shall furnish the City of Mebane with a financial guarantee
ensuring future maintenance, operation and repair of the facility.
The financial guarantee shall be in the form of cash, an irrevocable
letter of credit or other instrument readily convertible to cash at face
value and shall be deposited and made payable to the City of
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Mebane. The amount of the deposit shall be equal to 40 percent of
the total cost of constructing the facility. The initial cost estimates
shall be the responsibility of the developer but the approval of the
final cost estimate shall be made by the Zoning Administrator or
his/her agent. At this time the developer and/or maintaining entity
shall also pay to the City of Mebane a fee as set by the City Council
to cover annual inspections by the City for 20 years.
The initial duration of the financial guarantee shall be for 20 years.
At the end of that period the City of Mebane may, at its own option,
require extension of the guarantee for an additional period of up to
20 years based upon future maintenance cost or take whatever
lawful action it may deem appropriate at that time. The financial
guarantee may be dissolved at any time in its lifetime by mutual
agreement when the need for such guarantee no longer exists.
As part of the financial guarantee, the developer or maintaining
entity shall enter into a binding Operation and Maintenance
Agreement in a form acceptable to and enforceable by the City of
Mebane. Such agreement shall require the responsible entity to
maintain, repair and, if necessary, reconstruct the facility in
accordance with the approved operation and maintenance plan.
The plan shall clearly indicate the steps that will be taken for
restoring a stormwater control structure to design specifications if a
failure occurs.
Landscaping and grounds management shall be the responsibility
of the owning entity. However, vegetation shall not be established
or allowed to mature to the extent that the integrity of the control
structure is diminished or threatened, or to the extent of interfering
with any easement or access to the stormwater control structure.
The agreement shall pledge the financial guarantee in support of
the agreement but also shall acknowledge that default does not
release the entity from liability/responsibility for operation,
maintenance and repair/reconstruction. The agreement shall
provide that in case of default by the operating entity, the City of
Mebane, at any time after default, may on its own motion assume
actual maintenance and operation of the facility and convert for its
use in maintenance and operation any and all funds remaining in
the financial guarantee. The agreement shall be recorded with the
appropriate County Register of Deeds by the Zoning Administrator
after it is executed by both parties. No changes to the agreement or
its terms including ownership and responsible entity shall be made
except upon agreement of the parties.
Amendments to the plans and specifications of the stormwater
control structure and/or the operation and maintenance plan shall
be approved by the Zoning Administrator. Proposed changes shall
be prepared by a North Carolina registered professional engineer or
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landscape architect(to the extent that the General Statutes, Chapter
89A, allow) and submitted to and reviewed by the City Engineer.
7. Inspections
The Zoning Administrator or his/her agent shall inspect all facilities
at least on an annual basis to determine whether the controls are
performing as designed or intended and whether maintenance is
being performed as required. Records of inspections shall be
maintained on forms approved or supplied by the NC Division of
Environmental Management. The first annual inspection shall be
made during the 12 months following the date of certification.
8. Failure to Perform
In the event the Zoning Administrator should find that the facility is
not performing as designed or intended or that maintenance and
repairs are not being made as required or that any action is being
done or not done that is in violation of this Ordinance or the
agreement related to the facility, the Zoning Administrator shall
notify the responsible entity who shall be given a reasonable time
to correct the defect(s). Should the responsible entity fail to act, fail
to act in a timely manner, or otherwise fail to correct the defect(s),
the Zoning Administrator shall institute appropriate action to obtain
compliance including criminal or civil penalties, or both. In addition,
the City of Mebane may declare the responsible entity in default of
the agreement and financial guarantee and use part or all of the
proceeds of the guarantee to correct the defect(s)and may assume
actual operation and maintenance. Default in the agreement does
not release the responsible entity from liability/responsibility for the
defect(s), nor release the entity from the agreement. Likewise,
default in the agreement does not prevent the City of Mebane from
taking criminal or civil action, or other.
G. Variances
Requests for variances from the watershed district overlay requirements of
Section 5-3 shall be reviewed by the Board of Adjustment in accordance
with the provisions of Section 8-2, C.
5-4 Falls Lake Watershed Stormwater Regulations For New Development
Amended June 7, 2021
This section shall be officially known as "The Falls Watershed Stormwater Regulations
for New Development." It is referred to herein as "this section."
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A. Authority
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology that are harmful to public health and
safety as well as to the natural environment; and
These effects can be managed and minimized by applying proper design and
well-planned controls to manage stormwater runoff from development sites.
Further, the Commission has identified Falls of Neuse reservoir, a water supply
reservoir, as nutrient sensitive waters; has identified all or a portion of the
reservoir as impaired waters under the federal Clean Water Act due to
exceedances of the chlorophyll a standard; and has promulgated rules (the "Falls
Rules") to reduce the average annual loads of nitrogen and phosphorus
delivered to Falls Reservoir from all point and nonpoint sources of these nutrients
located within its watershed, including stormwater from new development in this
jurisdiction;
Therefore, the City of Mebane establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge for development.
B. Purpose
The purpose of this ordinance is to protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of nitrogen and
phosphorus in stormwater runoff and nonpoint and point source pollution
associated with new development and redevelopment in the watershed of Falls
of Neuse reservoir. It has been determined that proper management of
construction-related and post-development stormwater runoff will minimize
damage to public and private property and infrastructure; safeguard the public
health, safety, and general welfare; and protect water and aquatic resources.
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision-making processes for development that protects
the integrity of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state for the
applicable design storm to reduce flooding, streambank erosion, nonpoint
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and point source pollution and increases in stream temperature, and to
maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
4. Establishing design and review criteria for the construction, function,
and use of structural stormwater BMPs that may be used to meet the
minimum post-development stormwater management standards;
5. Encouraging the use of better management and site design practices,
such as the use of vegetated conveyances for stormwater and the
preservation of greenspace, riparian buffers and other conservation areas
to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to ensure
that they continue to function as designed, are maintained appropriately,
and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
inspection of approved projects, and to assure appropriate long-term
maintenance.
C. Applicability and Jurisdiction
1. General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to this ordinance. The provisions of
this ordinance shall apply within the areas of the City of Mebane that fall
within the Falls Lake Watershed as shown on the City of Mebane's
Stormwater Map or as which drain to Falls Lake. Projects within this
watershed are to fully comply with Sections 5-2, 5-3, and 5-4 as well as
additional regulations included in this section
2. Exemptions
Single family and duplex residential and recreational development and
redevelopment that cumulatively disturbs less than one half acre and is
not part of a larger common plan of development or sale is exempt from
the provisions of this ordinance.
Commercial, industrial, institutional, multifamily residential or local
government development and redevelopment that cumulatively disturbs
less than 12,000 square feet and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
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Development and redevelopment that disturbs less than the above
thresholds are not exempt if such activities are part of a larger common
plan of development or sale and the larger common plan exceeds the
relevant threshold, even though multiple, separate or distinct activities
take place at different times on different schedules.
Development that is exempt from permit requirements of Section 404 of
the federal Clean Water Act as specified in 40 CFR 232 (primarily,
ongoing farming and forestry activities) are exempt from the provisions of
this ordinance.
3. No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development or
redevelopment for which a permit is required pursuant to this ordinance
shall occur except in compliance with the provisions, conditions, and
limitations of the permit.
4. Map
The provisions of this ordinance shall apply within the areas of the City of
Mebane that fall within the Falls Lake Watershed as shown on the City of
Mebane's Stormwater Map or as which drain to Falls Lake. The
Stormwater Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater
Administrator and shall be updated to take into account changes in the
land area covered by this ordinance and the geographic location of all
engineered stormwater controls permitted under this ordinance. In the
event of a dispute, the applicability of this ordinance to a particular area of
land or BMP shall be determined by reference to the North Carolina
Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
D. Interpretation
Interpretation of this section is to be in compliance with Section 5-4 of this
article.
E. Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the latest published
edition or revision of the North Carolina Department of Environmental
Quality's Stormwater Design Manual as the basis for the City's Stormwater
BMP Design Manual (referred to herein as the Stormwater BMP Design
Manual and/or Design Manual). The City's Stormwater BMP Design Manual
will serve as the basis for decisions about stormwater permits and about the
design, implementation and performance of structural and non-structural
stormwater BMPs for compliance with the minimum water quality
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performance standard of the Falls Rules. The City's Stormwater BMP Design
Manual is further reflected in Section 5-1.
F. Relationship to Other Laws, Regulations and Private Agreements
1. Conflict of Laws
This section is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance,
rule, regulation or other provision of law. Where any provision of this
ordinance imposes restrictions different from those imposed by any
other ordinance, rule, regulation or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare shall control.
2. Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations
of this ordinance are more restrictive or impose higher standards or
requirements than such an easement, covenant, or other private
agreement, the requirements of this ordinance shall govern. Nothing
in this ordinance shall modify or repeal any private covenant or deed
restriction, but such covenant or restriction shall not legitimize any
failure to comply with this ordinance. In no case shall City of Mebane
be obligated to enforce the provisions of any easements, covenants,
or agreements between private parties.
G. Severability
If the provisions of any section, subsection, paragraph, subdivision or
clause of this ordinance shall be adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or invalidate the remainder of
any section, subsection, paragraph, subdivision or clause of this
ordinance
H. Effective Date and Transitional Provisions
1. Effective Date
This Section shall take effect on , 201
2. Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the City of Mebane prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked
and not otherwise terminated at the time of development shall be exempt
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from complying with all provisions of this ordinance dealing with the control
and/or management of stormwater.
A phased development plan shall be deemed approved prior to the effective
date of this ordinance if it has been approved by all necessary government
units, it remains valid, unexpired, unrevoked and not otherwise terminated,
and it shows:
(a) For the initial or first phase of development or redevelopment, the type
and intensity of use for a specific parcel or parcels, including at a
minimum, the boundaries of the project and a subdivision plan that has
been approved.
(b) For any subsequent phase of development or redevelopment, sufficient
detail so that implementation of the requirements of this ordinance to that
phase of development would require a material change in that phase of
the plan.
3. Violations Continue
Any violation of provisions existing on the effective date of this ordinance
shall continue to be a violation under this ordinance and be subject to
penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions of
this ordinance.
I. Review and Decision-Making Entities
1. Stormwater Administrator
(a) Designation, Powers, and Duties
A Stormwater Administrator shall be designated by the City Manager
to administer and enforce this ordinance as defined in Section 5-4
with the powers and duties as defined in Section 5-4.
J. Review Procedures
The City shall require a permit for development in accordance with this
section as defined in Section 5-4. The City shall review development as
defined in Section 5-4.
K. Review of Applications for Approval, Processing, and Approval
Applications for approval shall be reviewed, processed, and approved as
defined in Section 5-4.
L. Appeals
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance
made by the Stormwater Administrator, may file an appeal to the Board of
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Adjustment within 30 days. Appeals shall be addressed as provided in
Section 5-4.
M. Standards
1. General Standards
All development and redevelopment to which this ordinance applies shall
comply with the standards of this section. The approval of the stormwater
permit shall require an enforceable restriction on property usage that runs
with the land, such as a recorded deed restriction or protective covenants,
to ensure that future development and redevelopment maintains the site
consistent with the approved project plans. Development standards from
Section 5-4 shall also apply to this section.
2. Nitrogen and Phosphorus Loading
(a) Nitrogen and phosphorus loads contributed by the proposed new
development shall not exceed the following unit-area mass loading
rates: [2.2 and 0.33 pounds per acre per year for nitrogen and
phosphorus, respectively.
(b) Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this
ordinance that would replace or expand existing structures or
improvements and would result in a net increase in built-upon area
shall have the option of either meeting the loading standards identified
in subsection (a) or meeting a loading rate that achieves the following
nutrient loads compared to the existing development : 40 percent and
77 percent reduction for nitrogen and phosphorus, respectively.
(c) The developer shall determine the need for engineered stormwater
controls to meet these loading rate targets by using the approved
accounting tool.
3. Nitrogen and Phosphorus Standard is Supplemental
The nitrogen and phosphorus loading standards in this ordinance are
supplemental to, not replacements for, stormwater standards otherwise
required by federal, state or local law, including without limitation any
riparian buffer requirements applicable to the location of the development.
This includes, without limitation, the riparian buffer protection
requirements of 15A NCAC 2B.0233 and .0242.
4. Control and Treatment of Runoff Volume
Storm water systems shall be designed to control and treat the runoff
generated from all surfaces by one inch of rainfall. The treatment volume
shall be drawn down pursuant to standards specific to each practice as
provided in the Design Manual. To ensure that the integrity and nutrient
processing functions of receiving waters and associated riparian buffers
are not compromised by erosive flows, stormwater flows from the
development shall not contribute to degradation of waters of the State. At
a minimum, the development shall not result in a net increase in peak
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flow leaving the site from pre-development conditions for the ten-year, 24-
hour storm event.
5. Partial Offset of Nutrient Control Requirements
Development subject to this ordinance shall attain nitrogen and
phosphorus loading rate reductions on-site that meet the following criteria
prior to using an offsite offset measure:
• 30 percent or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing one half acre but less than
one acre.
• 50 percent or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing more than one acre.
• 30 percent or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including multi-
family residential, commercial and industrial development disturbing
12,000 square feet but less than one acre.
• 50 percent or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including multi-
family residential, commercial and industrial development disturbing
more than one acre.
• 30 percent or more reduction in both nitrogen and phosphorus loading
from the untreated condition for proposed redevelopment activities in
a designated downtown area that would replace or expand structures
or improvements that existed as of December 2006.
A developer subject to this ordinance may achieve the additional
reductions in nitrogen and phosphorus loading required by this ordinance
by making offset payments to the NC Ecosystem Enhancement Program
contingent upon acceptance of payments by that Program. A developer
may use an offset option provided by the City of Mebane. A developer
may propose other offset measures to City of Mebane, including providing
his or her own offsite offset or utilizing a private seller. All offset measures
permitted by this ordinance shall meet the requirements of 15A NCAC
02B .0282 and 15A NCAC 02B .0240 or as amended.
6. Evaluation of Standards for Stormwater Control Measures
(a) Evaluation According to Contents of Design Manual
All stormwater control measures, stormwater systems and
stormwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this ordinance
shall be evaluated by the Stormwater Administrator according to
the policies, criteria, and information, including technical
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specifications and standards and the specific design criteria for
each stormwater practice, in the Design Manual. The Stormwater
Administrator shall determine whether proposed BMPs will be
adequate to meet the requirements of this ordinance.
(b) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed,
and maintained in accordance with the criteria and specifications
in the Design Manual and the approved accounting tool will be
presumed to meet the minimum water quality and quantity
performance standards of this ordinance. Whenever an applicant
proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in
the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water
quality and quantity performance standards of this ordinance. The
Stormwater Administrator may require the applicant to provide the
documentation, calculations, and examples necessary for the
Stormwater Administrator to determine whether such an
affirmative showing is made.
7. Dedication of BMPS, Facilities & Improvements
Unless otherwise approved, ownership of any existing or future
stormwater management facilities shall remain with the owner of the
property or a legally established property owner's association. Such
facilities shall meet all the requirements of this section and include
adequate and perpetual access and sufficient area, by easement or
otherwise, for inspection and regular maintenance.
8. Variances
Any person may petition the City of Mebane for a variance granting
permission to use the person's land in a manner otherwise prohibited by
this ordinance. For all proposed major and minor variances from the
requirements of this section shall be reviewed by the Board of Adjustment
in accordance with the provisions of Section 8-2, C. Major variances
require Environmental Management Commission approval.
N. Maintenance
1. General Standards for Maintenance
The owner of each engineered storm water control installed pursuant to
this section shall maintain and operate it so as to preserve and continue
its function in controlling stormwater quality and quantity at the degree or
amount of function for which the engineered storm water control was
designed. General standards of maintenance are defined in Section 5-4.
O. Enforcement and Violations
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of
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Mebane. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of City of
Mebane. Enforcement and Violations are defined in Section 5-4.
P. Definitions
Refer to Article 12 "Definitions".
5-5 Jordan Lake Riparian Buffer Regulations
Amended June 7, 2021
A. Authority
This Section of the Unified Development Ordinance is adopted pursuant to
the authority vested in the City of Mebane by the Session Laws and the
General Statutes of North Carolina, particularly Session Law 2009-216
(House Bill 239), Session Law 2009-484 (Senate Bill 838), N.0 Gen. Stat
§153A-121, 153A-140, Chapter 153A, Article 18, N.C. Gen. Stat §160A-174,
160A-193, Chapter 160D, and any special legislation enacted by the General
Assembly for the City of Mebane
B. Purpose and Intent
The purposes of the City of Mebane in adopting the following Section is to
protect and preserve existing riparian buffers throughout the Jordan
Watershed as generally described in Rule 15A NCAC 02B .0262 (Jordan
Water Supply Nutrient Strategy: Purpose and Scope), in order to maintain
their nutrient removal and stream protection functions. Additionally, this
Section will help protect the water supply uses of Jordan Reservoir and of
designated water supplies throughout the Jordan watershed.
Buffers adjacent to streams provide multiple environmental protection and
resource management benefits. Forested buffers enhance and protect the
natural ecology of stream systems, as well as water quality through bank
stabilization, shading, and nutrient removal. They also help to minimize flood
damage in flood prone areas. Well-vegetated streamside riparian areas help
to remove nitrogen and prevent sediment and sediment-bound pollutants
such as phosphorous from reaching the streams.
C. Title
This Ordinance shall be known as the City of Mebane Riparian Buffer
Protection Regulations.
D. Jurisdiction
This Ordinance shall be applied to all land in the planning jurisdiction of the
City of Mebane that falls within the Jordan Lake watershed. This watershed is
reflected within the general statutes identified in Section 1 as well as on the
City of Mebane's Stormwater Map.
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E. Applicability
This Ordinance applies to all landowners and other persons conducting
activities in the area described in Section 4, with the exception of activities
conducted under the authority of the State, the United States, multiple
jurisdictions, or local units of government, and forest harvesting and
agricultural activities. The NC Division of Water Quality shall administer the
requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan Water Supply
Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of
Existing Riparian Buffers, respectively)for these activities.
F. Relation to Other Ordinances
The requirements of this Ordinance shall supersede all locally implemented
buffer requirements stated in Rules 15A NCAC 02B .0214 through .0216 as
applied to WS-II, WS-III, and WS-IV waters in the Jordan watershed. If the
provisions of this ordinance otherwise conflict with the provisions of any other
validly enforceable ordinance(s) or laws, the most stringent provisions shall
control. This Ordinance is not intended to interfere with, abrogate, or annul
any other ordinance, rule, regulation, or other provision of law.
G. Riparian Area Protection within the Jordan Reservoir Watershed
1. Buffers Protected
The following minimum criteria shall be used for identifying regulated
buffers:
(a) This Ordinance shall apply to activities conducted within, or outside of
with hydrologic impacts in violation of the diffuse flow requirements
set out in Section 7.(E) upon, 50-foot wide riparian buffers directly
adjacent to surface waters in the Jordan watershed (intermittent
streams, perennial streams, lakes, reservoirs and ponds), excluding
wetlands.
(b) Wetlands adjacent to surface waters or within 50 feet of surface
waters shall be considered as part of the riparian buffer but are
regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules
15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act.
(c) For the purpose of this Ordinance, a surface water is defined as being
present if the feature is approximately shown on any of the following:
(i) The most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States
Department of Agriculture.
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(ii) The most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States
Geologic Survey (USGS).
(iii) A map approved by the Geographic Information Coordinating
Council and by the NC Environmental Management Commission.
Prior to approving a map under this Item, the Commission shall
provide a 30-day public notice and opportunity for comment.
Alternative maps approved by the Commission shall not be used
for buffer delineation on projects that are existing and ongoing
within the meaning of Section 7.(C) of this Ordinance.
(d) Where the specific origination point of a stream regulated under this
Item is in question, upon request of the NC Division of Water Quality
or another party, the City of Mebane shall make an on-site
determination. A City of Mebane representative who has successfully
completed the Division's Surface Water Identification Training
Certification course, its successor, or other equivalent training
curriculum approved by the Division, shall establish that point using
the latest version of the Division publication, Identification Methods for
the Origins of Intermittent and Perennial Streams, available at
http://h2o.enr.state.nc.us/ncwetlands/documents/
NC Stream ID Manual.pdf or from the NC Division of Water Quality -
401 Oversight Express Permitting Unit, or its successor. The City of
Mebane may accept the results of a site assessment made by another
party who meets these criteria. Any disputes over on-site
determinations made according to this Item shall be referred to the
Director of the Division of Water Quality do the 401 Oversight
Express Permitting Unit, or its successor, in writing. The Director's
determination is subject to review as provided in Articles 3 and 4 of
G.S. 150B.
(e) Riparian buffers protected by this Ordinance shall be measured
pursuant to Section 7.(D) of this Ordinance.
(f) Parties subject to this Ordinance shall abide by all State rules and
laws regarding waters of the state including but not limited to Rules
15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A
NCAC 2H .1300, and Sections 401 and 404 of the Federal Water
Pollution Control Act.
No new clearing, grading, or development shall take place nor shall any new
building permits be issued in violation of this Ordinance.
2. Exemption Based on On—site Determination
When a landowner or other affected party including the Division believes
that the maps have inaccurately depicted surface waters, he or she shall
consult the City of Mebane. Upon request, a City of Mebane
representative who has successfully completed the Division of Water
Quality's Surface Water Identification Training Certification course, its
successor, or other equivalent training curriculum approved by the
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Division, shall make an on-site determination. The City of Mebane may
also accept the results of site assessments made by other parties who
have successfully completed such training. Any disputes over on-site
determinations shall be referred to the Director of the Division of Water
Quality do the 401 Oversight Express Permitting Unit, or its successor, in
writing. A determination of the Director as to the accuracy or application
of the maps is subject to review as provided in Articles 3 and 4 of G.S.
150B. Surface waters that appear on the maps shall not be subject to
these buffer requirements if a site evaluation reveals any of the following
cases:
(a) Man-made ponds and lakes that are not part of a natural drainage
way that is classified in accordance with 15A NCAC 2B .0100, including
ponds and lakes created for animal watering, irrigation, or other
agricultural uses. (A pond or lake is part of a natural drainage way when
it is fed by an intermittent or perennial stream or when it has a direct
discharge point to an intermittent or perennial stream.)
(b) Ephemeral streams.
(c) The absence on the ground of a corresponding intermittent or
perennial stream, lake, reservoir, or pond.
(d) Ditches or other man-made water conveyances, other than modified
natural streams.
3. Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing;
however, this Ordinance shall apply at the time an existing, ongoing use is
changed to another use. Change of use shall involve the initiation of any
activity that does not meet either of the following criteria for existing, ongoing
activity:
(a) It was present within the riparian buffer as of the effective date of this
Ordinance and has continued to exist since that time. Existing uses
shall include agriculture, buildings, industrial facilities, commercial
areas, transportation facilities, maintained lawns, utility lines and on-
site sanitary sewage systems, any of which involve either specific,
periodic management of vegetation or displacement of vegetation by
structures or regular activity. Only the portion of the riparian buffer
occupied by the footprint of the existing use is exempt from this
Ordinance. Change of ownership through purchase or inheritance is
not a change of use. Activities necessary to maintain uses are
allowed provided that the site remains similarly vegetated, no
impervious surface is added within 50 feet of the surface water where
it did not previously exist as of the effective date of this Ordinance,
and existing diffuse flow is maintained. Grading and revegetating
Zone Two is allowed provided that the health of the vegetation in
Zone One is not compromised, the ground is stabilized and existing
diffuse flow is maintained.
Mebane UDO,Article 5 5-53
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

(b) Projects or proposed development that are determined by the City of
Mebane to meet at least one of the following criteria:
(i) Project requires a 401 Certification/404 Permit and these were
issued prior to the effective date this Ordinance, and prior to the
effective date of this Ordinance.
(ii) Projects that require a state permit, such as landfills, NPDES
wastewater discharges, land application of residuals and road
construction activities, have begun construction or are under
contract to begin construction and had received all required
state permits and certifications prior to the effective date of this
Ordinance;
(iii) Projects that are being reviewed through the Clean Water Act
Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate
successor and that have reached agreement with DENR on
avoidance and minimization by the effective date of this
Ordinance; or
(iv) Projects that are not required to be reviewed by the Clean Water
Act Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate
successor if a Finding of No Significant Impact has been issued
for the project and the project has the written approval of the
City of Mebane prior to the effective date of this Ordinance.
(v) Projects that have a vested right per North Carolina General
Statutes §160D.
4. Zones of the Riparian Buffer
The protected riparian buffer shall have two zones as follows:
(a) Zone One shall consist of a vegetated area that is undisturbed except for
uses provided for in the Table of Uses, Section 8.(B) of this Ordinance.
The location of Zone One shall be as follows:
(i) For intermittent and perennial streams, Zone One shall begin at the
top of the bank and extend landward a distance of 30 feet on all sides
of the surface water, measured horizontally on a line perpendicular to
a vertical line marking the top of the bank.
(ii) For ponds, lakes and reservoirs located within a natural drainage way,
Zone One shall begin at the normal water level and extend landward a
distance of 30 feet, measured horizontally on a line perpendicular to a
vertical line marking the normal water level.
Mebane UDO,Article 5 5-54
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

Zone Two shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in the Table of Uses, Section 8.(B) of this
Ordinance. Grading and revegetating in Zone Two is allowed provided
that the health of the vegetation in Zone One is not compromised. Zone
Two shall begin at the outer edge of Zone One and extend landward 20
feet as measured horizontally on a line perpendicular to the surface
water. The combined width of Zones One and Two shall be 50 feet on all
sides of the surface water.
5. Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow prior to its entry into the buffer and reestablishing
vegetation as follows:
1. Concentrated runoff from new ditches or man-made conveyances shall
be converted to diffuse flow at non-erosive velocities before the runoff
enters Zone Two of the riparian buffer;
2. Periodic corrective action to restore diffuse flow shall be taken as
necessary and shall be designed to impede the formation of erosion
gullies; and
As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones of the
Riparian Buffer and Table of Uses respectively, no new stormwater
conveyances are allowed through the buffers except for those specified in the
Table of Uses, Section 8.(B) of this Ordinance, addressing stormwater
management ponds, drainage ditches, roadside ditches, and stormwater
conveyances.
H. Potential Uses and Associated Requirements
1. Approval for New Development
City of Mebane shall issue an approval for new development only if the
development application proposes to avoid impacts to riparian buffers
defined in Section 7.(A) of this Ordinance, or where the application
proposes to impact such buffers, it demonstrates that the applicant has
done the following, as applicable:
(a) Determined the activity is exempt from requirements of this
Ordinance;
(b) Received an Authorization Certificate from the City of Mebane
pursuant to Section 9.A of this Ordinance;
(c) For uses designated as Allowable with Mitigation in the Table of
Uses in Section 8.(B), received approval of mitigation plan
pursuant to Section 9.(C) of this Ordinance; and
(d) Received a variance pursuant to Section 9.(B).
Mebane UDO,Article 5 5-55
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2. Table of Uses
The following chart sets out potential new uses within the buffer, or outside the buffer
with impacts on the buffer, and categorizes them as exempt, allowable, or allowable
with mitigation. All uses not categorized as exempt, allowable, or allowable with
mitigation are considered prohibited and may not proceed within the riparian buffer or
outside the buffer if the use would impact the buffer, unless a variance is granted
pursuant to Section 9.(C) of this Ordinance, Variances. The requirements for each
category are given in Section 8.(C) of this Section following the Table of Uses.
Allowable
Exempt Allowable
Use with
* *
Mitigation*
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
Pedestrian access trails that are restricted to the minimum X
width practicable and do not exceed 4 feet in width of
buffer disturbance,and provided that installation and
use does not result in removal of trees as defined in
this Ordinance and no impervious surface is added to
the riparian buffer
Pedestrian access trails that exceed 4 feet in width of X
buffer disturbance,the installation or use results in
removal of trees as defined in this Ordinance or
impervious surface is added to the riparian buffer
Airport facilities:
Airport facilities that impact equal to or less than 150 X
linear feet or one-third of an acre of riparian buffer
Airport facilities that impact greater than 150 linear feet X
or one-third of an acre of riparian buffer
Activities necessary to comply with FAA requirements X
(e.g.radar uses or landing strips)'
Archaeological activities X
Bridges X
Mebane UDO,Article 5 5-56
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Canoe Access provided that installation and use does not X
result in removal of trees as defined in this Ordinance and
no impervious surface is added to the buffer.
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Dam maintenance activities:
Dam maintenance activities that do not cause additional X
buffer disturbance beyond the footprint of the existing
dam or those covered under the U.S.Army Corps of
Engineers Nationwide Permit No. 3
Dam maintenance activities that do cause additional X
buffer disturbance beyond the footprint of the existing
dam or those not covered under the U.S.Army Corps
of Engineers Nationwide Permit No.3
Mebane UDO,Article 5 5-57
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:
New stormwater flows to existing drainage ditches, X
roadside ditches,and stormwater conveyances
provided flows do not alter or result in the need to alter
the conveyance and are managed to minimize the
sediment,nutrients and other pollution that convey to
waterbodies.
Realignment of existing roadside drainage ditches X
retaining the design dimensions,provided that no
additional travel lanes are added and the minimum
required roadway typical section is used based on
traffic and safety considerations.
New or altered drainage ditches,roadside ditches and X
stormwater outfalls provided that a stormwater
management facility is installed to control nutrients
and attenuate flow before the conveyance discharges
through the riparian buffer
New drainage ditches,roadside ditches and stormwater X
conveyances applicable to linear projects that do not
provide a stormwater management facility due to
topography constraints provided that other practicable
BMPs are employed.
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-58
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Driveway crossings of streams and other surface waters
subject to this Ordinance:
Driveway crossings on single family residential lots that X
disturb equal to or less than 25 linear feet or 2,500
square feet of riparian buffer
Driveway crossings on single family residential lots that X
disturb greater than 25 linear feet or 2,500 square feet
of riparian buffer
In a subdivision that cumulatively disturb equal to or less X
than 150 linear feet or one-third of an acre of riparian
buffer
In a subdivision that cumulatively disturb greater than X
150 linear feet or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or other X
surface waters subject to this Ordinance
Fences:
Fences provided that disturbance is minimized and X
installation does not result in removal of trees as
defined in this Ordinance
Fences provided that disturbance is minimized and X
installation results in removal of trees as defined in this
Ordinance
Fertilizer application: one-time application to establish X
vegetation
Grading and revegetation in Zone Two provided that X
diffuse flow and the health of existing vegetation in Zone
One is not compromised and disturbed areas are stabilized
until they are revegetated.
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-59
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Greenway / hiking trails designed, constructed and X
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
habitat, and protect water quality to the maximum extent
practical.
Historic preservation X
Maintenance access on modified natural streams: a X
grassed travel way on one side of the water body when less
impacting alternatives are not practical. The width and
specifications of the travel way shall be only that needed
for equipment access and operation. The travel way shall
be located to maximize stream shading.
Mining activities:
Mining activities that are covered by the Mining Act X
provided that new riparian buffers that meet the
requirements of Sections 7.(D)and 7.(E)of this
Ordinance are established adjacent to the relocated
channels
Mining activities that are not covered by the Mining Act X
OR where new riparian buffers that meet the
requirements of Sections 7.(D)and 7.(E)of this
Ordinance are not established adjacent to the relocated
channels
Wastewater or mining dewatering wells with approved X
NPDES permit
Playground equipment:
Playground equipment on single family lots provided that X
installation and use does not result in removal of
vegetation
Playground equipment installed on lands other than X
single-family lots or that requires removal of
vegetation
Mebane UDO,Article 5 5-60
Table of Contents
February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Ponds created by impounding streams and not used as
stormwater BMPs:
New ponds provided that a riparian buffer that meets the X
requirements of Sections 7.(D)and 7.(E)of this
Ordinance is established adjacent to the pond
New ponds where a riparian buffer that meets the X
requirements of Sections 7.(D)and 7.(E)of this
Ordinance is NOT established adjacent to the pond
Protection of existing structures, facilities and stream X
banks when this requires additional disturbance of the
riparian buffer or the stream channel
Railroad impacts other than crossings of streams and other X
surface waters subject to this Ordinance.
Railroad crossings of streams and other surface waters
subject to this Ordinance:
Railroad crossings that impact equal to or less than 40 X
linear feet of riparian buffer
Railroad crossings that impact greater than 40 linear feet X
but equal to or less than 150 linear feet or one-third of
an acre of riparian buffer
Railroad crossings that impact greater than 150 linear X
feet or one-third of an acre of riparian buffer
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-61
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Recreational and accessory structures in Zone Two:
Sheds and gazebos in Zone Two,provided they are not
prohibited under local water supply ordinance:
o Total footprint less than or equal to 150 square X
feet per lot.
o Total footprint greater than 150 square feet per lot. X
Wooden slatted decks and associated steps,provided the
use meets the requirements of Sections 7.(D)and 7.(E)
of this Ordinance:
o Deck at least eight feet in height and no X
vegetation removed from Zone One.
o Deck less than eight feet in height or vegetation X
removed from Zone One.
Removal of previous fill or debris provided that diffuse X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other X
surface waters subject to this Ordinance
Road crossings of streams and other surface waters subject
to this Ordinance:
Road crossings that impact equal to or less than 40 linear X
feet of riparian buffer
Road crossings that impact greater than 40 linear feet but X
equal to or less than 150 linear feet or one-third of an
acre of riparian buffer
Road crossings that impact greater than 150 linear feet or X
one-third of an acre of riparian buffer
Road relocation: Relocation of existing private access
roads associated with public road projects where
necessary for public safety:
Less than or equal to 2,500 square feet of buffer impact X
Greater than 2,500 square feet of buffer impact
X
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-62
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Stormwater BMPs:
Wet detention,bioretention,and constructed wetlands in X
Zone Two if diffuse flow of discharge is provided into
Zone One
Wet detention,bioretention,and constructed wetlands in X
Zone One
Scientific studies and stream gauging X
Streambank or shoreline stabilization X
Temporary roads, provided that the disturbed area is
restored to pre-construction topographic and hydrologic
conditions immediately after construction is complete and
replanted immediately with comparable vegetation,
except that tree planting may occur during the dormant
season.A one-time application of fertili may used
establish vegetation: At the end of five years the restored
buffer shall comply with the restoration criteria in Section
9.(C)(7)of this Ordinance:
Less than or equal to 2,500 square feet of buffer X
disturbance
Greater than 2,500 square feet of buffer disturbance X
Associated with culvert installation or bridge X
construction or replacement.
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-63
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Temporary sediment and erosion control devices,
provided that the disturbed area is restored to pre-
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season.
apphcati fertilize used to establish
vegetatioll the end the years the restored buffer
shall comply.'with the lestoration criteria in Section
9.(C)(7)of this Ordinanci:
In Zone Two provided ground cover is established within X
timeframes required by the Sedimentation and Erosion
Control Act,vegetation in Zone One is not
compromised,and runoff is released as diffuse flow in
accordance with Section 7.(E)of this Ordinance.
In Zones one and two to control impacts associated with X
uses approved by the City of Mebane or that have
received a variance,provided that sediment and
erosion control for upland areas is addressed,lto the
maximum extent-outside the buffer.
In-stream temporary erosion and sediment control X
measures for work within a stream channel that is
authorized under Sections 401 and 404 of the Federal
Water Pollution Control Act.
In-stream temporary erosion and sediment control X
measures for work within a stream channel.
Utility,electric,aerial,perpendicular crossings of streams
and other surface waters subject to this Ordinance2s,5:
Disturb equal to or less than 150 linear feet of riparian X
buffer
Disturb greater than 150 linear feet of riparian buffer X
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
Mebane UDO,Article 5 5-64
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Utility, electric, aerial, other than perpendicular
crossings':
Impacts in Zone Two
Impacts in Zone One2'3 X
Utility,electric,underground,perpendicular crossings3,4,5:
Disturb less than or equal to 40 linear feet of riparian
buffer X
Disturb greater than 40 linear feet of riparian buffer
X
Utility, electric, underground, other than perpendicular
crossings':
Impacts in Zone Two X
Impacts in Zone One' X
Utility, non-electric, perpendicular crossings of streams
and other surface waters subject to this Ordinance3'':IJ
Disturb equal to or less than 40 linear feet of riparian X
buffer with a maintenance corridor equal to or less than
10 feet in width
Disturb equal to or less than 40 linear feet of riparian X
buffer with a maintenance corridor greater than 10 feet
in width
Disturb greater than 40 linear feet but equal to or less
than 150 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
Disturb greater than 40 linear feet but equal to or less X
than 150 linear feet of riparian buffer with a
maintenance corridor greater than 10 feet in width
Disturb greater than 150 linear feet of riparian buffer I X
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C)of this Ordinance.
Mebane UDO,Article 5 5-65
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Utility,non-electric,other than perpendicular crossings':
Impacts in Zone Two
Impacts in Zone One' X
X
Vegetation management:
Emergency fire control measures provided that X
topography is restored
Mowing or harvesting of plant products in Zone Two X
Planting vegetation to enhance the riparian buffer X
Pruning forest vegetation provided that the health and X
function of the forest vegetation is not compromised
Removal of individual trees that are in danger of causing X
damage to dwellings,other structures or human life,or
are imminently endangering stability of the
streambank.
Removal of individual trees which are dead,diseased or X
damaged.
Removal of poison ivy X
Removal of invasive exotic vegetation as defined in: X
Smith, Cherri L. 1998.Exotic Plant Guidelines.Dept. of
Environment and Natural Resources. Division of Parks
and Recreation.Raleigh,NC. Guideline#30
Vehicular access roads leading to water-dependent X
structures as defined in 15A NCAC 02B .0202,
provided they do not cross the surface water and have
minimum practicable width not exceeding ten feet.
Water dependent structures as defined in 15A NCAC X
02B .0202 where installation and use result in
disturbance to riparian buffers.
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8.(C)of this Ordinance.
Mebane UDO,Article 5 5-66
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February 4,2008;amended April 7,2008;amended 07/11/16;amended November 6,2017

Allowable
Exempt Allowable
Use with
* *
Mitigation*
Water supply reservoirs:
New reservoirs where a riparian buffer that meets the X
requirements of Sections 7.(D)and 7.(E)of this
Ordinance is established adjacent to the reservoir
New reservoirs where a riparian buffer that meets the X
requirements of Sections 7.(D)and 7.(E)of this
Ordinance is not established adjacent to the reservoir
Water wells
Single family residential water wells X
All other water wells X
Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
Wetland,stream and buffer restoration that requires NC X
Division of Water Quality approval for the use of a 401
Water Quality Certification
Wetland,stream and buffer restoration that does not X
require Division of Water Quality approval for the use
of a 401 Water Quality Certification
Wildlife passage structures X
Piping of a stream under a permit issued by the US Army X
Corps of Engineers
*To qualify for the designation indicated in the column header,an activity must adhere to the limitations defined
for it in a given listing as well as the requirements established in Section 8.(C) of this Ordinance.
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with
native vegetation.
• Zones one and two meet the requirements of Sections 7.(D) and 7.(E)
'Provided that, in Zone One, all of the following BMPs for overhead utility
lines are used. If all of these BMPs are not used, then the overhead utility
lines shall require a no practical alternative evaluation by the City of Mebane,
as defined in Section 9.(A).
Mebane UDO,Article 5 5-67
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• A minimum zone of 10 feet wide immediately adjacent to the water
body shall be managed such that only vegetation that poses a
hazard or has the potential to grow tall enough to interfere with the
line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or
grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity
of the soil. Stumps shall remain where trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-
establish vegetation.
• Construction activities shall minimize the removal of woody
vegetation, the extent of the disturbed area, and the time in which
areas remain in a disturbed state.
• Active measures shall be taken after construction and during
routine maintenance to ensure diffuse flow of stormwater through
the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Provided that poles or aerial infrastructure shall not be installed within 10
feet of a water body unless the City of Mebane completes a no practical
alternative evaluation as defined in Section 9.(A).
'Provided that, in Zone One, all of the following BMPs for underground
utility lines are used. If all of these BMPs are not used, then the
underground utility line shall require a no practical alternative evaluation
by the City of Mebane, as defined in Section 9.(A).
Woody vegetation shall be cleared by hand. No land grubbing or grading
is allowed.
Vegetative root systems shall be left intact to maintain the integrity of the
soil.
Stumps shall remain, except in the trench where trees are cut.
Underground cables shall be installed by vibratory plow or trenching.
The trench shall be backfilled with the excavated soil material
immediately following cable installation.
No fertilizer shall be used other than a one-time application to re-establish
vegetation.
Construction activities shall minimize the removal of woody vegetation,
the extent of the disturbed area, and the time in which areas remain in a
disturbed state.
Mebane UDO,Article 5 5-68
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

Measures shall be taken upon completion of construction and during
routine maintenance to ensure diffuse flow of stormwater through the
buffer.
In wetlands, mats shall be utilized to minimize soil disturbance.
5Perpendicular crossings are those that intersect the surface water at an
angle between 75 degrees and 105 degrees.
3. Uses designated in Section 8.(B) of this Section as exempt, allowable,
and allowable with mitigation within a riparian buffer shall have the
following requirements:
(a) Exempt.
Uses designated as exempt are permissible without authorization by the
City of Mebane provided that they adhere to the limitations of the activity
as defined in Section 8.(B) of this Section, the Table of Uses. In addition,
exempt uses shall be designed, constructed and maintained to minimize
soil disturbance and to provide the maximum water quality protection
practicable, including construction, monitoring, and maintenance
activities.
(b) Allowable.
Uses designated as allowable may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 9.(A) of
this Section. This includes construction, monitoring, and maintenance
activities. These uses require written authorization from the City of
Mebane.
(c) Allowable with Mitigation.
Uses designated as allowable with mitigation may proceed provided that
there are no practical alternatives to the requested use pursuant to
Section 9.(A) of this Section and an appropriate mitigation strategy has
been approved pursuant to Section 9.(C). These uses require written
authorization from the City of Mebane
I. Permits Procedures, Requirements, and Approvals
1. Determination of No Practical Alternatives / Request for Authorization
Certificate
(a) Persons who wish to undertake uses designated as allowable or
allowable with mitigation shall submit a request for a "no practical
alternatives" determination to the City of Mebane. The applicant shall
certify that the project meets all the following criteria for finding "no
practical alternatives":
Mebane UDO,Article 5 5-69
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(i) The basic project purpose cannot be practically accomplished in a
manner that would better minimize disturbance, preserve aquatic
life and habitat, and protect water quality;
(ii) The use cannot practically be reduced in size or density,
reconfigured or redesigned to better minimize disturbance,
preserve aquatic life and habitat, and protect water quality; and
(iii) Best management practices shall be used if necessary to
minimize disturbance, preserve aquatic life and habitat, and
protect water quality.
(b) The applicant shall also submit at least the following information in
support of their assertion of"no practical alternatives":
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately delineate the boundaries of
the land to be utilized in carrying out the activity, the location and
dimensions of any disturbance in riparian buffers associated with
the activity, and the extent of riparian buffers on the land;
(v) An explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to better
minimize disturbance to the riparian buffer, preserve aquatic life
and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to
control the impacts associated with the activity.
(c) Within 60 days of a submission that addresses Section 9.(A)(2) , the City
of Mebane shall review the entire project and make a finding of fact as to
whether the criteria in Section 9.(A)(1) of this Section have been met. A
finding of"no practical alternatives" shall result in issuance of an
Authorization Certificate. Failure to act within 60 days shall be construed
as a finding of"no practical alternatives" and an Authorization Certificate
shall be issued to the applicant unless one of the following occurs:
(i) The applicant agrees, in writing, to a longer period;
(ii) The City of Mebane determines that the applicant has failed to
furnish requested information necessary to the City of Mebane
decision;
(iii) The final decision is to be made pursuant to a public hearing; or
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(iv) The applicant refuses access to its records or premises for the
purpose of gathering information necessary to the City of
Mebane's decision.
(d) The City of Mebane may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of this Ordinance.
(e) Any appeals of determinations regarding Authorization Certificates shall
be referred to the Director of the Division of Water Quality, do the 401
Oversight Express Permitting Unit, or its successor. The Director's
decision is subject to review as provided in G.S. 150B Articles 3 and 4. .
2. Variances
(a) Requirements for Variances.
Persons who wish to undertake prohibited uses may pursue a variance.
The City of Mebane may grant minor variances. For major variances, the
City of Mebane shall prepare preliminary findings and submit them to the
Division of Water Quality, 4 01 Oversight Express Permitting Unit, or its
successor for approval by the Environmental Management Commission.
The variance request procedure shall be as follows:
(i) For any variance request, the City of Mebane shall make a finding
of fact as to whether there are practical difficulties or unnecessary
hardships that prevent compliance with the riparian buffer
protection requirements. A finding of practical difficulties or
unnecessary hardships shall require that the following conditions
are met:
a. If the applicant complies with the provisions of this Ordinance,
he/she can secure no reasonable return from, nor make
reasonable use of, his/her property. Merely proving that the
variance would permit a greater profit from the property shall
not be considered adequate justification for a variance.
Moreover, the City of Mebane shall consider whether the
variance is the minimum possible deviation from the terms of
this Ordinance that shall make reasonable use of the property
possible;
b. The hardship results from application of this Ordinance to the
property rather than from other factors such as deed
restrictions or other hardship;
c. The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, such that
compliance with provisions of this ordinance would not allow
reasonable use of the property;
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d. The applicant did not cause the hardship by knowingly or
unknowingly violating this Ordinance;
e. The applicant did not purchase the property after the effective
date of this Ordinance, and then request a variance; and
f. The hardship is rare or unique to the applicant's property.
(ii) The variance is in harmony with the general purpose and intent of
the State's riparian buffer protection requirements and this
Ordinance and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice
has been done.
(b) Minor Variances
A minor variance request pertains to activities that will impact only Zone
Two of the riparian buffer. Minor variance requests shall be reviewed and
approved based on the criteria in Section 9.(A)(1) through Section
9.(A)(3) by the City of Mebane pursuant to G.S. 153A-Article 18, or G.S.
160D-705(d). The City of Mebane may attach conditions to the variance
approval that support the purpose, spirit and intent of the riparian buffer
protection program. Request for appeals to decisions made by the City of
Mebane shall be made in writing to the Director of the Division of Water
Quality do the 401 Oversight Express Permitting Unit, or its successor.
The Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
(c) Major Variances
A major variance request pertains to activities that will impact any portion
of Zone One or any portion of both Zones One and Two of the riparian
buffer. If the City of Mebane has determined that a major variance
request meets the requirements in Section 9.(B)(1)) through 8.(C)(3), then
it shall prepare a preliminary finding and submit it to the NC
Environmental Management Commission do the Division of Water
Quality, 401 Oversight Express Permitting Unit, or its successor, for
approval. Within 90 days after receipt by the City of Mebane, the
Commission shall review preliminary findings on major variance requests
and take one of the following actions: approve, approve with conditions
and stipulations, or deny the request. Appeals from a Commission
decision on a major variance request are made on judicial review to
Superior Court.
3. Mitigation
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1. This item shall apply to persons who wish to impact a riparian buffer in
the Jordan watershed when one of the following applies:
(i) A person has received an Authorization Certificate pursuant to
Section 9.(A) of this Ordinance for a proposed use that is designated
as "allowable with mitigation;" or
(ii) A person has received a variance pursuant to Section 9.(B) of this
Ordinance and is required to perform mitigation as a condition of a
variance approval.
2. Issuance of the Mitigation Approval
The City of Mebane shall issue a mitigation approval upon determining
that a proposal meets the requirements set out in this Ordinance. The
approval shall identify at a minimum the option chosen, the required and
proposed areas, and either the mitigation location or the offset payment
amount as applicable.
3. Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following
options:
(i) Payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B .0269 (Jordan Water
Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to the NC
Ecosystem Enhancement Program) contingent upon acceptance of
payments by the NC Ecosystem Enhancement Program, or to a
private mitigation bank that complies with banking requirements of the
US Army Corps of Engineers, currently set out at
http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.html
or from the US Army Corps of Engineers, P.O. Box 1890, Wilmington,
NC, 28402-1890, and the applicable trading criteria in Rule 15A
NCAC 02B .0273;
(ii) Donation of real property or of an interest in real property pursuant to
Section 9.(C)(6) of this Ordinance; or
(iii) Restoration or enhancement of a non-forested riparian buffer pursuant
to the requirements of Section 9.(C)(7) of this Ordinance.
4. The Area of Mitigation
The City of Mebane shall determine the required area of mitigation, which
shall apply to all mitigation options identified in Section 9.(C)(3) of this
Ordinance and as further specified in the requirements for each option set
out in this Section, according to the following:
(i) The impacts in square feet to each zone of the riparian buffer shall be
determined by the City of Mebane by adding the following:
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a. The area of the footprint of the use causing the impact to the
riparian buffer;
b. The area of the boundary of any clearing and grading activities
within the riparian buffer necessary to accommodate the use;
and
c. The area of any ongoing maintenance corridors within the
riparian buffer associated with the use.
(ii) The required area of mitigation shall be determined by applying the
following multipliers to the impacts determined in Section 9.(4)(a) of
this Ordinance to each zone of the riparian buffer:
a. Impacts to Zone One of the riparian buffer shall be multiplied
by three;
b. Impacts to Zone Two of the riparian buffer shall be multiplied
by one and one-half; and
c. Impacts to wetlands within Zones One and Two of the riparian
buffer that are subject to mitigation under 15A NCAC 2H .0506
shall comply with the mitigation ratios in 15A NCAC 2H .0506.
5. The Location of Mitigation
For any option chosen, the mitigation effort shall be located within the
same subwatershed of the Jordan watershed, as defined in 15A NCAC
02B.0262, and the same distance from the Jordan Reservoir as the
proposed impact, or closer to the Reservoir than the impact, and as close
to the location of the impact as feasible. Alternatively, the applicant may
propose mitigation anywhere within the same subwatershed of the Jordan
watershed, as defined in 15A NCAC 02B.0262, provided that the
mitigation proposal accounts for differences in delivery of nutrients to the
affected arm of Jordan Reservoir resulting from differences between the
locations of the buffer impact and mitigation. Additional location
requirements for the property donation option are enumerated in Section
9.(C)(6)(c)(i) of this Ordinance.
6. Donation of Property
Persons who choose to satisfy their mitigation determination by donating
real property or an interest in real property shall meet the following
requirements:
(i) The donation of real property interests may be used to either partially
or fully satisfy the payment of a compensatory mitigation fee to the
Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0269.
The value of the property interest shall be determined by an appraisal
performed in accordance with Section 9.(C)(6)(d)(iv) of this
Ordinance. The donation shall satisfy the mitigation determination if
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the appraised value of the donated property interest is equal to or
greater than the required fee. If the appraised value of the donated
property interest is less than the required fee calculated pursuant to
15A NCAC 02B .0269, the applicant shall pay the remaining balance
due.
(ii) The donation of conservation easements to satisfy compensatory
mitigation requirements shall be accepted only if the conservation
easement is granted in perpetuity.
(iii) Donation of real property interests to satisfy the mitigation
determination shall be accepted only if such property meets all of the
following requirements:
a. In addition to the location requirements of Section 9.(C)(5) of
this Ordinance, the property shall be located within an area
that is identified as a priority for restoration in, or is otherwise
consistent with the goals of, the Basinwide Wetlands and
Riparian Restoration Plan for the Cape Fear River Basin
developed by NC Division of Water Quality pursuant to G.S.
143-214.10;
b. The property shall contain riparian buffers not currently
protected by the State's riparian buffer protection program that
are in need of restoration as defined in Section 9.(7)(d) of this
Ordinance;
c. The restorable riparian buffer on the property shall have a
minimum length of 1000 linear feet along a surface water and
a minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
d. The size of the restorable riparian buffer on the property to be
donated shall equal or exceed the area of mitigation
responsibility determined pursuant to Section 9.(C)(4) of this
Ordinance;
e. Restoration shall not require removal of man-made structures
or infrastructure;
f. The property shall be suitable to be successfully restored,
based on existing hydrology, soils, and vegetation;
g. The estimated cost of restoring and maintaining the property
shall not exceed the value of the property minus site
identification and transaction costs;
h. The property shall not contain any building, structure, object,
site, or district that is listed in the National Register of Historic
Places established pursuant to Public Law 89-665, 16 U.S.C.
470 as amended;
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i. The property shall not contain any hazardous substance or
solid waste;
j. The property shall not contain structures or materials that
present health or safety problems to the general public. If
wells, septic, water or sewer connections exist, they shall be
filled, remediated or closed at owner's expense in accordance
with state and local health and safety regulations;
k. The property and adjacent properties shall not have prior,
current, and known future land use that would inhibit the
function of the restoration effort; and
I. The property shall not have any encumbrances or conditions
on the transfer of the property interests.
(iv) At the expense of the applicant or donor, the following information
shall be submitted to the City of Mebane with any proposal for
donations or dedications of interest in real property:
a. Documentation that the property meets the requirements laid
out in Section 9.(C)(6)(c) of this Ordinance;
b. US Geological Survey 1:24,000 (7.5 minute) scale topographic
map, county tax map, USDA Natural Resource Conservation
Service County Soil Survey Map, and county road map
showing the location of the property to be donated along with
information on existing site conditions, vegetation types,
presence of existing structures and easements;
c. A current property survey performed in accordance with the
procedures of the North Carolina Department of
Administration, State Property Office as identified by the State
Board of Registration for Professional Engineers and Land
Surveyors in "Standards of Practice for Land Surveying in
North Carolina." Copies may be obtained from the North
Carolina State Board of Registration for Professional
Engineers and Land Surveyors, 3620 Six Forks Road, Suite
300, Raleigh, North Carolina 27609;
d. A current appraisal of the value of the property performed in
accordance with the procedures of the North Carolina
Department of Administration, State Property Office as
identified by the Appraisal Board in the "Uniform Standards of
Professional North Carolina Appraisal Practice." Copies may
be obtained from the Appraisal Foundation, Publications
Department, P.O. Box 96734, Washington, D.C. 20090-6734;
and
e. A title certificate.
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J. Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through riparian buffer
restoration or enhancement shall meet the following requirements:
1. The applicant may restore or enhance a non-forested riparian buffer if either of
the following applies:
(a) The area of riparian buffer restoration is equal to the required area of
mitigation determined pursuant to Section 9.(C)(4) of this Ordinance; or
(b) The area of riparian buffer enhancement is three times larger than the
required area of mitigation determined pursuant to Section 9.(C)(4) of this
Ordinance;
2. The location of the riparian buffer restoration or enhancement shall comply with
the requirements in Section 9.(C)(5) of this Ordinance;
3. The riparian buffer restoration or enhancement site shall have a minimum width
of 50 feet as measured horizontally on a line perpendicular to the surface water;
4. Enhancement and restoration shall both have the objective of establishing a
forested riparian buffer according to the requirements of this Item. Enhancement
shall be distinguished from restoration based on existing buffer conditions.
Where existing trees are sparse, that is greater than or equal to 100 trees per
acre but less than 200 trees per acre, a buffer may be enhanced. Where existing
woody vegetation is absent, that is less than 100 trees per acre, a buffer may be
restored;
5. The applicant shall first receive an Authorization Certificate for the proposed use
according to the requirements of Section 9.(A) of this Ordinance. After receiving
this determination, the applicant shall submit a restoration or enhancement plan
for approval by the City of Mebane. The restoration or enhancement plan shall
contain the following:
(a) A map of the proposed restoration or enhancement site;
(b) A vegetation plan. The vegetation plan shall include a minimum of at
least two native hardwood tree species planted at a density sufficient to
provide 320 trees per acre at maturity;
(c) A grading plan. The site shall be graded in a manner to ensure diffuse
flow through the riparian buffer;
(d) A fertilization plan; and
(e) A schedule for implementation;
6. Within one year after the City of Mebane has approved the restoration or
enhancement plan, the applicant shall present proof to the City of Mebane that
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the riparian buffer has been restored or enhanced. If proof is not presented
within this timeframe, then the person shall be in violation of both the State's and
the City of Mebane riparian buffer protection program;
7. The mitigation area shall be placed under a perpetual conservation easement
that will provide for protection of the property's nutrient removal functions; and
8. The applicant shall submit annual reports for a period of five years after the
restoration or enhancement showing that the trees planted have survived and
that diffuse flow through the riparian buffer has been maintained. The applicant
shall replace trees that do not survive and restore diffuse flow if needed during
that five-year period.
K. Compliance and Enforcement
1. Site Inspections
(a) Agents, officials, or other qualified persons authorized by the City of
Mebane may periodically inspect riparian buffers to ensure compliance
with this ordinance.
(b) Notice of the right to inspect shall be included in the letter of approval of
each variance and buffer authorization.
(c) Authority to Enter Property and Conduct Investigations and Inspections
Authorized agents, officials or other qualified persons shall have the
authority, upon presentation of proper credentials, to enter and inspect at
reasonable times any property, public or private, for the purpose of
investigating and inspecting the site of any riparian buffer. No person
shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of the City of Mebane, while that person is inspecting
or attempting to inspect a riparian buffer nor shall any person obstruct,
hamper or interfere with any such representative while in the process of
carrying out their official duties. The City of Mebane shall have the power
to conduct such investigations as deemed reasonably necessary to carry
out the duties as prescribed in this Ordinance.
(d) Notice of Violation
(i) If it is determined that a person has failed to comply with the
requirements of this Ordinance, or rules, or orders adopted or issued
pursuant to this Ordinance, a notice of violation shall be served upon
that person. The notice may be served by any means authorized
under G.S. 1A-1, rule 4. In the event service cannot be accomplished
by registered or certified mail, it may be accomplished in any manner
provided in rule (4)j of the North Carolina Rules of Civil Procedure.
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(ii) The notice shall specify the violation and inform the person of the
actions that need to be taken to comply with this Ordinance, or rules
or orders adopted pursuant to this Ordinance. The notice shall direct
the person to correct the violation within a specified reasonable time.
The notice shall inform the person that any person who violates or
fails to act in accordance with any of the provisions of this Ordinance
or rules or orders adopted or issued pursuant to this Ordinance is
subject to the civil and criminal penalties and other enforcement
actions as provided in this Ordinance.
(e) Power to Require Statements
The City of Mebane shall also have the power to require written
statements, or the filing of reports under oath, with respect to pertinent
questions relating to land-disturbing activities.
2. Civil Penalties
(a) Assessment of Penalties
Any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued pursuant
to this Ordinance shall be subject to a civil penalty. A civil penalty for a
violation may be assessed in an amount not to exceed ten thousand
dollars ($10,000) per day. If any violation for which a penalty may be
assessed is continuous, a civil penalty may be assessed for each day of
the violation in an amount not to exceed twenty-five thousand dollars
($25,000) per day for as long as the violation occurs. Each day of a
continuing violation shall constitute a separate violation under Section
10.(B)(1).
(b) Notice of Civil Penalty Assessment
The governing body of the City of Mebane shall provide written notice of
the civil penalty amount and the basis for the assessment to the person
assessed. The notice of civil penalty assessment shall be served by any
means authorized under G.S. 1A-1, Rule 4, and shall direct the violator to
either pay the assessment or contest the assessment, within thirty (30)
days after receipt of the notice of assessment by written demand for a
hearing.
(c) Hearing
A hearing on the civil penalty shall be conducted by the City of Mebane
City Council within 30 days after the date the written demand for the
hearing is received by the City of Mebane City Council. The board
conducting the hearing shall make its recommendation to the governing
body of the City of Mebane within 30 days after the date of the hearing.
(d) Final Decision.
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The governing body shall issue a final decision on the civil penalty within
30 days of the recommended decision. A copy of the final decision shall
be served on the violator by any means authorized under G.S. 1A-1, Rule
4.
(e) Appeal of Final Decision.
Appeal form the final decision of the governing body shall be to the
Superior Court of the county in which the violation occurred. Any appeal
must be filed with thirty days of receipt of the final decision. A copy of the
appeal must be served on the (City manager/County board/other
appropriate person) by any means authorized under G.S. 1A-1, Rule 4.
(f) Demand for Payment of Penalty
An assessment that is not contested is due when the violator is served
with a notice of assessment. The civil penalty must be paid within 30 days
or the assessment, if not appealed, or within 30 days after the conclusion
of the administrative or judicial review of the assessment. If payment is
not received within 30 days after demand for payment is made, the City of
Mebane may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the Superior Court where
the violation occurred, or the violator's residence or principal place of
business is located. Such civil actions must be filed within three (3) years
of the date the assessment was due.
(g) Use of Penalties
[Civil penalties collected pursuant to this Ordinance shall be credited to
the general fund of the City of Mebane as nontax revenue.]
3. Criminal Penalties
(a) A violation of the provisions of this Ordinance or a rule or order adopted
pursuant to this ordinance shall be punished as provided for in the North
Carolina General Statutes for the violation of local ordinances. See. E.g.,
Section 14-4 of the North Carolina General Statutes. Violation may also
be punishable under the provisions of Section 143-215.6B of the North
Carolina General Statutes.
4. Injunctive Relief
(a) Civil Action in Superior Court
Whenever the governing body of the City of Mebane has reasonable
cause to believe that any person is violating or threatening to violate this
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Ordinance or any rule or order adopted or issued pursuant to this
Ordinance, it may, either before or after the institution of any other action
or proceeding authorized by this Ordinance, institute a civil action in the
name of the City of Mebane for injunctive relief to restrain the violation or
threatened violation. The action shall be brought in the Superior Court of
Alamance County.
(b) Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary
to abate the violation, to ensure that restoration is performed, or to
prevent the threatened violation. The institution of an action for injunctive
relief under this section shall not relieve any party to the proceedings from
any civil or criminal penalty prescribed for violations of this Ordinance.
5. Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who
fails to meet the requirements of this Ordinance shall be deemed in
violation of this Ordinance.
L. Severability
If any one or more sections or portions thereof of this Ordinance are held
to be invalid or unenforceable, all other sections and portions thereof shall
nevertheless continue in full force and effect.
M. Effective Date
This Ordinance will become effective upon approval by the NC
Environmental Management Commission and adoption by the City of
Mebane City Council.
N. Revisions to this Ordinance
The City of Mebane shall review any revisions to the Model Local
Riparian Buffer Protection Ordinance made by the Environmental
Management Commission and, within 60 days of receipt of the
recommended revisions, submit draft amendments to the Commission for
its consideration and comments. Within 90 days after receipt of the
Commissions' comments, the City of Mebane will incorporate
amendments into this ordinance.
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5-6 Flood Hazard Overlay District Requirements
5-6.1 Statutory Authorization, Purpose,Objectives, Legal Status Provisions
A. The Flood Hazard Overlay District(FHO), as established in Section 3-1, D, 2,
(d), is designed for the purpose of protecting people and property from the
hazards of flooding in accordance with the authority provided in Part 6, Article
21 of Chapter 143; Article 8 of Chapter 160A; and Chapter 160D of the North
Carolina General Statutes.
B. Flood prone areas within the jurisdiction of the City of Mebane are subject to
periodic inundation which results in loss of life, property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures of flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare. These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities
and by the occupancy in flood prone areas of uses vulnerable to floods or
other hazards.
C. It is the purpose of Section 5-6 to promote public health, safety, and general
welfare and to minimize public and private losses due to flood conditions
within flood prone areas by provisions designed to:
1. Restrict or prohibit uses that are dangerous to health, safety, and
property due to water or erosion hazards or that result in damaging
increases in erosion, flood heights or velocities;
2. Require that uses vulnerable to floods, including facilities that serve
such uses, be protected against flood damage at the time of initial
construction;
3. Control the alteration of natural floodplains, stream channels, and
natural protective barriers, which are involved in the accommodation of
floodwaters;
4. Control filling, grading, dredging, and all other development that may
increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers that will unnaturally
divert flood waters or which may increase flood hazards to other lands.
D. The objectives of Section 5-6 are:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general public;
4. To minimize prolonged business losses and interruptions;
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5. To minimize damage to public facilities and utilities (i.e. water and gas
mains, electric, telephone, cable and sewer lines, streets, and bridges)
that are located in flood prone areas;
6. To minimize damage to private and public property due to flooding;
7. To make flood insurance available to the community through the
National Flood Insurance Program;
8. To maintain the natural and beneficial function of the floodplains;
9. To help maintain a stable tax base by providing for the sound use and
development of flood prone areas; and
10. To ensure that potential buyers are aware that property is in a Special
Flood Hazard Area.
E. Legal Status Provisions associated with Section 5-6 are:
1. This Section in part comes forward by re-enactment of some of the
provisions of the Flood Damage Prevention Ordinance enacted March 7,
1994 as amended, and it is not the intention to repeal but rather to re-
enact and continue to enforce without interruption of such existing
provisions, so that all rights and liabilities that have accrued thereunder
are reserved and may be enforced. The enactment of this Section shall
not affect any action, suit or proceeding instituted or pending. All
provisions of the Flood Damage Prevention Ordinance of the City of
Mebane enacted on March 7, 1994, as amended, which are not
reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for Alamance
County is August 15, 1994. The date of the initial Flood Damage
Prevention Ordinance for Orange County is March 2, 1981.
2. Nothing herein contained shall require any change in the plans,
construction, size, or designated use of any development or any part
thereof for which a floodplain development permit has been granted by
the Floodplain Administrator or his or her authorized agents before the
time of passage of this Section; provided, however, that when
construction is not begun under such outstanding permit within a period
of six (6) months subsequent to the date of issuance of the outstanding
permit, construction or use shall be in conformity with the provisions of
this Section.
3. Section 5-6 as amended November 6, 2017, shall become effective
November 17, 2017.
5-6.2 Definitions
A. Unless otherwise specifically provided, or unless clearly required by the
context, the words and phrases defined below shall have the meaning
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indicated when used throughout Section 5-6.
1. Accessory Structure(Appurtenant Structure).A structure located on
the same parcel of property as the principal structure and the use of
which is incidental to the use of the principal structure. Garages,
carports and storage sheds are common urban accessory structures.
Pole barns, hay sheds and the like qualify as accessory structures on
farms, and may or may not be located on the same parcel as the farm
dwelling or shop building.
2. Addition (to an existing building). An extension or increase in the
floor area or height of a building or structure.
3. Alteration of a watercourse. A dam, impoundment, channel
relocation, change in channel alignment, channelization, or change in
cross-sectional area of the channel or the channel capacity, or any other
form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of
the base flood.
4. Appeal. A request for a review of the Zoning Administrator's
interpretation of any provision of this Section.
5. Area of Shallow Flooding. A designated Zone AH or AO on a
community's Flood Insurance Rate Map (FIRM) with base flood depths
determined to be from one to three feet. These areas are located where
a clearly defined channel does not exist, where the path of flooding is
unpredictable and indeterminate, and where velocity flow may be
evident.
6. Area of Special Flood Hazard. See'Special Flood Hazard Area(SFHA)'.
7. Basement. Any area of the building having its floor subgrade (below
ground level) on all sides.
8. Base Flood. The flood having a one percent chance of being equaled
or exceeded in any given year.
9. Base Flood Elevation (BFE). A determination of the water surface
elevations of the base flood as published in the Flood Insurance Study.
When the BFE has not been provided in a 'Special Flood Hazard Area',
it may be obtained from engineering studies available from a Federal,
State, or other source using FEMA approved engineering
methodologies. This elevation, when combined with the `Freeboard',
establishes the'Regulatory Flood Protection Elevation'.
10. Building. See 'Structure'.
11. Chemical Storage Facility. A building, portion of a building, or exterior
area adjacent to a building used for the storage of any chemical or
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chemically reactive products.
12. Design Flood. See "Regulatory Flood Protection Elevation."
13. Development. Any man-made change to improved or unimproved real
estate, including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
14. Development Activity. Any activity defined as Development which will
necessitate a Floodplain Development Permit. This includes buildings,
structures, and non-structural items, including (but not limited to) fill,
bulkheads, piers, pools, docks, landings, ramps, and erosion
control/stabilization measures.
15. Digital Flood Insurance Rate Map (DFIRM). The digital official map of
a community, issued by the Federal Emergency Management Agency
(FEMA), on which both the Special Flood Hazard Areas and the risk
premium zones applicable to the community are delineated.
16. Disposal. As defined in NCGS 130A-290(a)(6), the discharge, deposit,
injection, dumping, spilling, leaking, or placing of any solid waste into or
on any land or water so that the solid waste or any constituent part of the
solid waste may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
17. Elevated Building. A non-basement building which has its lowest
elevated floor raised above ground level by foundation walls, shear
walls, posts, piers, pilings, or columns.
18. Encroachment. The advance or infringement of uses, fill, excavation,
buildings, structures or development into a floodplain, which may
impede or alter the flow capacity of a floodplain.
19. Existing building and existing structure. Any building and/or
structure for which the "start of construction" commenced before the
initial effective date of the floodplain management regulations adopted
by the community.
20. Existing Manufactured Home Park or Manufactured Home
Subdivision. A manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) was completed before the original effective
date of the floodplain management regulations adopted by the
community.
21. Flood or Flooding. A general and temporary condition of partial or
complete inundation of normally dry land areas from:
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(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation of runoff of surface waters
from any source.
22. Flood Insurance. Means the insurance coverage provided under the
National Flood Insurance Program.
23. Flood Insurance Rate Map (FIRM). An official map of a community,
issued by the Federal Emergency Management Agency, on which both
the Special Flood Hazard Areas and the risk premium zones applicable
to the community are delineated.
24. Flood Insurance Study (FIS). An examination, evaluation, and
determination of flood hazards, corresponding water surface elevations
(if appropriate), flood hazard risk zones, and other flood data in a
community issued by the Federal Emergency Management Agency.
The Flood Insurance Study report includes Flood Insurance Rate Maps
(FIRMs) and Flood Boundary and Floodway Maps (FBFMs), if
published.
25. Flood Prone Area. See `Floodplain'.
26. Floodplain.Any land area susceptible to being inundated by water from
any source.
27. Floodplain Administrator. See Zoning Administrator.
28. Floodplain Development Permit.Any type of permit(zoning or special
use permit) that is required in conformance with the provisions of
Section 5-6 prior to the commencement of any development activity.
29. Floodplain Management. The operation of an overall program of
corrective and preventive measures for reducing flood damage and
preserving and enhancing, where possible, natural resources in the
floodplain, including, but not limited to, emergency preparedness plans,
flood control works, floodplain management regulations, and open
space plans.
30. Floodplain Management Regulations. This Section and other land
development ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances, and other applications
of police power which control development in flood-prone areas. This
term describes federal, state or local regulations, in any combination
thereof, which provide standards for preventing and reducing flood loss
and damage.
31. Floodproofing. Any combination of structural and nonstructural
additions, changes, or adjustments to structures, which reduce or
eliminate flood damage to real estate or improved real property, water
and sanitation facilities, structures, and their contents.
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32. Flood-resistant material. Any building product [material, component
or system] capable of withstanding direct and prolonged contact
(minimum 72 hours) with floodwaters without sustaining damage that
requires more than low-cost cosmetic repair. Any material that is water-
soluble or is not resistant to alkali or acid in water, including normal
adhesives for above-grade use, is not flood-resistant. Pressure-treated
lumber or naturally decay-resistant lumbers are acceptable flooring
materials. Sheet-type flooring coverings that restrict evaporation from
below and materials that are impervious, but dimensionally unstable are
not acceptable. Materials that absorb or retain water excessively after
submergence are not flood-resistant. Please refer to Technical Bulletin
2, Flood Damage-Resistant Materials Requirements, and available from
the FEMA. Class 4 and 5 materials, referenced therein, are acceptable
flood-resistant materials.
33. Floodway. The channel of a river or other watercourse, including the
area above a bridge or culvert when applicable, and the adjacent land
areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
34. Floodway encroachment analysis. An engineering analysis of the
impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and
flood levels during the occurrence of the base flood discharge. The
evaluation shall be prepared by a qualified North Carolina licensed
engineer using standard engineering methods and models.
35. Flood Zone. A geographical area shown on a Flood Hazard Boundary
Map or Flood Insurance Rate Map that reflects the severity or type of
flooding in the area.
36. Freeboard. The height added to the Base Flood Elevation (BFE) to
account for the many unknown factors that could contribute to flood
heights greater that the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the
hydrological effect of urbanization on the watershed. The Base Flood
Elevation plus the freeboard establishes the `Regulatory Flood
Protection Elevation'.
37. Functionally Dependent Facility. A facility which cannot be used for
its intended purpose unless it is located in close proximity to water, such
as a docking or port facility necessary for the loading and unloading of
cargo or passengers, shipbuilding, or ship repair. The term does not
include long- term storage, manufacture, sales, or service facilities.
38. Hazardous Waste Facility. As defined in NCGS 130A, Article 9, a
facility for the collection, storage, processing, treatment, recycling,
recovery, or disposal of hazardous waste.
39. Highest Adjacent Grade (HAG). The highest natural elevation of the
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ground surface, prior to construction, immediately next to the proposed
walls of the structure.
40. Historic Structure. Any structure that is:
(a) Listed individually in the National Register of Historic Places (a
listing maintained by the US Department of Interior) or
preliminarily determined by the Secretary of Interior as meeting
the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior
as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in
communities with a `Certified Local Government (CLG)
Program'; or
(d) Certified as contributing to the historical significance of a historic
district designated by a community with a `Certified Local
Government (CLG) Program'.
Certified Local Government (CLG) Programs are approved
by the US Department of the Interior in cooperation with
the North Carolina Department of Cultural Resources
through the State Historic Preservation Officer as having
met the requirements of the National Historic Preservation
Act of 1966 as amended in 1980.
41. Letter of Map Change (LOMC). An official determination issued by
FEMA that amends or revises an effective Flood Insurance Rate Map
or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment(LOMA):An official amendment, by
letter, to an effective National Flood Insurance Program map. A
LOMA is based on technical data showing that a property had
been inadvertently mapped as being in the floodplain, but is
actually on natural high ground above the base flood elevation.
A LOMA amends the current effective Flood Insurance Rate
Map and establishes that a specific property, portion of a
property, or structure is not located in a special flood hazard
area.
(b) Letter of Map Revision (LOMR): A revision based on technical
data that may show changes to flood zones, flood elevations,
special flood hazard area boundaries and floodway
delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A
determination that a structure or parcel of land has been
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elevated by fill above the BFE and is, therefore, no longer
located within the special flood hazard area. In order to qualify
for this determination, the fill must have been permitted and
placed in accordance with the community's floodplain
management regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal
review and comment as to whether a proposed project complies
with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR
does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-
built documentation, a Letter of Map Revision may be issued by
FEMA to revise the effective FIRM.
42. Light Duty Truck. Any motor vehicle rated at 8,500 pounds Gross
Vehicular Weight Rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45
square feet or less as defined in 40 CFR 86.082-2 and is:
(a) Designed primarily for purposes of transportation of property or
is a derivation of such a vehicle, or
(b) Designed primarily for transportation of persons and has a
capacity of more than 12 persons; or
(c) Available with special features enabling off-street or off-highway
operation and use.
43. Lowest Adjacent Grade (LAG). The lowest elevation of the ground,
sidewalk or patio slab immediately next to the building, or deck support,
after completion of the building.
44. Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access, or limited storage in an area other
than a basement area is not considered a building's lowest floor,
provided that such an enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of this
Section.
45. Manufactured Home. A structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities. The term 'manufactured home' does not include a
'recreational vehicle'.
46. Manufactured Home Park or Subdivision. A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
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47. Market Value. The building value, not including the land value and that
of any accessory structures or other improvements on the lot. Market
value may be established by independent certified appraisal;
replacement cost depreciated for age of building and quality of
construction (Actual Cash Value); or adjusted tax assessed values.
48. New Construction. Structures for which the `start of construction'
commenced on or after the effective date of the original version of the
community's Flood Damage Prevention Ordinance and includes any
subsequent improvements to such structures.
49. Non-Encroachment Area. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than one (1) foot as designated in the Flood Insurance
Study report.
53. Post-FIRM. Construction or other development for which the `start of
construction' occurred on or after the effective date of the initial Flood
Insurance Rate Map for the area.
54. Pre-FIRM. Construction or other development for which the `start of
construction' occurred before the effective date of the initial Flood
Insurance Rate Map for the area.
55. Principally Above Ground. At least 51% of the actual cash value of the
structure is above ground.
56. Public Safety and/or Nuisance. Anything which is injurious to the
safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river,
bay, stream, canal, or basin.
57. Recreational Vehicle (RV). A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal
projection;
(c) Designed to be self-propelled or permanently towable by a light
duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel, or
seasonal use; and
(e) Is fully licensed and ready for highway use.
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For the purpose of this section, "Tiny Homes/Houses"and Park
Models that do not meet the items listed above are not
considered Recreational Vehicles and should meet the
standards of and be permitted as Residential Structures.
58. Reference Level. The top of the lowest floor for structures within Special
Flood Hazard Areas designated as Zones A, AE, AH, AO, A99.
59. Regulatory Flood Protection Elevation. The 'Base Flood Elevation' plus
the `Freeboard'. In `Special Flood Hazard Areas' where Base Flood
Elevations (BFEs) have been determined, this elevation shall be the BFE plus
two feet of freeboard. In `Special Flood Hazard Areas' where no BFE has
been established, this elevation shall be at least two feet above the highest
adjacent grade.
60. Remedy a Violation. To bring the structure or other development into
compliance with State and community floodplain management regulations, or,
if this is not possible, to reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions
of the section or otherwise deterring future similar violations, or reducing
Federal financial exposure with regard to the structure or other development.
61. Riverine. Relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
62. Salvage Yard. Any non-residential property used for the storage, collection,
and/or recycling of any type of equipment, and including but not limited to
vehicles, appliances and related machinery.
63. Solid Waste Disposal Facility. As defined in NCGS 130A-290 (a) (35), any
facility involved in the disposal of solid waste.
64. Solid Waste Disposal Site. As defined in NCGS 130A-290 (a) (36), any
place at which solid wastes are disposed of by incineration, sanitary landfill, or
any other method.
65. Special Flood Hazard Area (SFHA). The land in the floodplain subject to a
one percent or greater chance of being flooded in any given year, as
determined Section 5-6.
66. Start of Construction. Includes substantial improvement, and means the
date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor
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does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement, the actual
start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of the building, whether or not that alteration affects the
external dimensions of the building.
67. Structure. A walled and roofed building, a manufactured home, or a gas,
liquid, or liquefied gas storage tank that is principally above ground.
68. Substantial Damage. Damage of any origin sustained by a structure during
any one-year period whereby the cost of restoring the structure to it's before
damaged condition would equal or exceed 50 percent of the market value of
the structure before the damage occurred. See definition of `substantial
improvement'.
69. Substantial Improvement. Any combination of repairs, reconstruction,
rehabilitation, addition, or other improvement of a structure, taking place
during any one-year period for which the cost equals or exceeds 50 percent of
the market value of the structure before the `start of construction' of the
improvement. This term includes structures which have incurred 'substantial
damage', regardless of the actual repair work performed. The term does not,
however, include either:
(a) Any correction of existing violations of State or community
health, sanitary, or safety code specifications which have been
identified by the community code enforcement official and which
are the minimum necessary to assure safe living conditions; or,
(b) Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
70. Technical Bulletin and Technical Fact Sheet. A FEMA publication that
provides guidance concerning the building performance standards of the NFIP,
which are contained in Title 44 of the U.S. Code of Federal Regulations at
Section 60.3. The bulletins and fact sheets are intended for use primarily by
State and local officials responsible for interpreting and enforcing NFIP
regulations and by members of the development community, such as design
professionals and builders. New bulletins, as well as updates of existing
bulletins, are issued periodically as needed. The bulletins do not create
regulations; rather they provide specific guidance for complying with the
minimum requirements of existing NFIP regulations.
It should be noted that Technical Bulletins and Technical Fact Sheets provide
guidance on the minimum requirements of the NFIP regulations. State or
community requirements that exceed those of the NFIP take precedence.
Design professionals should contact the community officials to determine
whether more restrictive State or local regulations apply to the building or site
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in question. All applicable standards of the State or local building code must
also be met for any building in a flood hazard area.
71. Temperature Controlled. Having the temperature regulated by a heating
and/or cooling system, built-in or appliance.
72. Variance. A grant of relief from the requirements of this Section.
73. Violation.The failure of a structure or other development to be fully compliant
with the community's floodplain management regulations.A structure or other
development without the elevation certificate, other certifications, or other
evidence of compliance required in Section 5-6 is presumed to be in violation
until such time as that documentation is provided.
74. Water Surface Elevation (WSE). The height, in relation to NAVD 1988, of
floods of various magnitudes and frequencies in the floodplains of riverine
areas.
75. Watercourse. A lake, river, creek, stream, wash, channel or other
topographic feature on or over which waters flow at least periodically.
'Watercourse' includes specifically designated areas in which substantial
flood damage may occur.
76. Zoning Administrator. The individual appointed to administer and enforce
the floodplain management regulations of this Section.
5-6.3 General Provisions
A. Applicability
The provisions of Section 5-6 shall apply to all Special Flood Hazard Areas
within the planning and zoning jurisdiction of the City of Mebane.
B. Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and
FEMA in its Flood Insurance Study FIS and its accompanying DFIRM panels,
for Alamance County dated November 17, 2017, and for Orange County
dated November 17, 2017 which are adopted by reference and declared to
be a part of this Section. Future revisions to the FIS and DFIRM panels that
do not change flood hazard data within the jurisdictional authority of the City
of Mebane are also adopted by reference and declared a part of this section.
Subsequent Letter of Map Revisions (LOMRs) and/or Physical Map
Revisions (PMRs) shall be adopted within 3 months.
C. Compliance
No structure or land shall hereafter be located, extended, converted, altered,
or developed in any way without full compliance with the terms of this Section
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and other applicable regulations.
D. Abrogation and Greater Restrictions
The provisions of this Section are not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where the
provisions of this Section and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
E. Interpretation
In the interpretation and application of the provisions of this Section, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;and
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
F. Warning and Disclaimer of Liability
The degree of flood protection required by this Section is considered
reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur. Actual flood heights may be
increased by man-made or natural causes. This Section does not imply that
land outside the Special Flood Hazard Areas or uses permitted within such
areas will be free from flooding or flood damages. This Section shall not
create liability on the part of the City of Mebane or by any officer or employee
thereof for any flood damages that result from reliance on this Section or any
administrative decision lawfully made hereunder.
G. Violations and Penalties
Violations of the provisions of Section 5-6 or failure to comply with any of its
requirements shall be processed in accordance with the procedures
delineated in Article 11, Enforcement and Judicial Review. Penalties and
remedies for violations shall be as provided for in Article 11, Sections 11-4
and 11-5. Nothing herein contained shall prevent the City of Mebane from
taking such other lawful action as is necessary to prevent or remedy any
violation of the provisions of Section 5-6.
5-6.4 Plans, Application, and Permit Requirements
A. Designation of Floodplain Administrator
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The Zoning Administrator is hereby appointed to administer and implement
the provisions of this section. In instances where the Zoning Administrator
receives assistance from others to complete tasks to administer and
implement this section, the Zoning Administrator shall be responsible for the
coordination and community's overall compliance with the National Flood
Insurance Program and the provisions of this section.
B. General
A zoning or special use permit, as applicable, shall be required in
conformance with the provisions of this Section prior to the commencement
of any development activities within Special Flood Hazard Areas determined
in accordance with Section 5-6.3, B.
C. Application Requirements
Applications for a zoning permit or special use permit which include property
that is located within a Special Flood Hazard Area shall be submitted to the
Zoning Administrator and shall include the following information:
1. A plot plan drawn to scale which shall include, but shall not be limited
to, the following specific details of the proposed floodplain development:
(a) The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures,
utility systems, grading/pavement areas, fill materials, storage
areas, drainage facilities, and other development;
(b) The boundary of the Special Flood Hazard Area as delineated
on the FIRM or other flood map as determined in Section 5-6.3,
B or a statement that the entire lot is within the Special Flood
Hazard Area;
(c) Flood zone(s)designation of the proposed development area as
determined on the FIRM or other flood map as determined in
Section 5-6.3, B;
(d) The boundary of the floodway(s) or non-encroachment area(s)
as determined in Section 5-6.3, B;
(e) The Base Flood Elevation (BFE) where provided as set forth in
Section 5-6.3, B; Section 5-6.5, K and L; or Section 5-6.7, C;
(f) The old and new location of any watercourse that will be altered
or relocated as a result of proposed development;
(g) Certification of the plot plan by a registered surveyor or
professional engineer.
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2. Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area including but not limited to:
(a) Elevation in relation to NAVD 1988 of the proposed reference
level (including basement) of all structures;
(b) Elevation in relation to NAVD 1988 to which any non-residential
structure in Zones A,AE,AH, AO, A99 will be flood-proofed;and
(c) Elevation in relation to NAVD 1988 to which any proposed utility
systems will be elevated or floodproofed;
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34)with
supporting data and an operational plan that includes, but is not limited
to, installation, exercise, and maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which shall include details of the
proposed foundation system to ensure all provisions of this Section are
met. These details include but are not limited to:
(a) The proposed method of elevation, if applicable (i.e., fill, solid
foundation perimeter wall, solid backfilled foundation, open
foundation on columns/posts/piers/piles/shear walls)and
(b) Openings to facilitate equalization of hydrostatic flood forces on
walls in accordance with Section 5-6.7, B, 4, (d), when solid
foundation perimeter walls are used in Zones A, AE, AH, AO,
A99.
5. Usage details of any enclosed areas below the regulatory flood
protection elevation.
6. Plans and/or details for the protection of public utilities and facilities
such as sewer, gas, electrical, and water systems to be located and
constructed to minimize flood damage;
7. Copies of all other Local, State and Federal permits required prior to
floodplain development permit issuance (Wetlands, Endangered
Species, Erosion and Sedimentation Control, Riparian Buffers, Mining,
etc.)
8. Documentation for placement of Recreational Vehicles and/or
Temporary Structures, when applicable, to ensure Section 5-6.7, B, 6
and 7 are met.
9. A description of proposed watercourse alteration or relocation, when
applicable, including an engineering report on the effects of the
proposed project on the flood-carrying capacity of the watercourse and
the effects to properties located both upstream and downstream; and a
map (if not shown on plot plan) showing the location of the proposed
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watercourse alteration or relocation.
D. Permit Data Requirements
The following information shall be provided on the approved permit to ensure
compliance with the provisions of Section 5-6:
1. A complete description of the development to be permitted under the
floodplain development permit (e.g. house, garage, pool, septic,
bulkhead, cabana, pier, bridge, mining, dredging, filling, grading,
paving, excavation or drilling operations, or storage of equipment or
materials, etc.).
2. The Special Flood Hazard Area determination for the proposed
development per available data specified in Section 5-6.3, B.
3. The regulatory flood protection elevation required for the reference level
and all attendant utilities.
4. The regulatory flood protection elevation required for the protection of
all public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall encroach
into the floodway or non-encroachment area of any watercourse, as
applicable.
7. The flood openings requirements, if in Zones A, AE, AH, AO, A99.
8. Limitations of below BFE enclosure uses, if applicable (i.e., parking,
building access and limited storage only).
9. A statement that all materials below BFE/RFPE must be flood resistant
materials.
E. Certification Requirements
1. Elevation Certificates:
(a) An Elevation Certificate (FEMA Form 086-0-33) is required prior
to the actual start of any new construction. It shall be the duty of
the permit holder to submit to the Zoning Administrator a
certification of the elevation of the reference level, in relation to
NAVD 1988. The Zoning Administrator shall review the
certificate data submitted. Deficiencies detected by such review
shall becorrected by the permit holder prior to the beginning of
construction. Failure to submit the certification or failure to make
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required corrections shall be cause to deny a floodplain
development permit.
(b) An Elevation Certificate (FEMA Form 086-0-33) is required after
the reference level is established. Within seven calendar days
of establishment of the reference level elevation, it shall be the
duty of the permit holder to submit to the Zoning Administrator a
certification of the elevation of the reference level, in relation to
NAVD 1988. Any work done within the seven-day calendar
period and prior to submission of the certification shall be at the
permit holder's risk. The Zoning Administrator shall review the
certificate data submitted. Deficiencies detected by such review
shall be corrected by the permit holder immediately and prior to
further work being permitted to proceed. Failure to submit the
certification or failure to make required corrections shall be
cause to issue a stop-work order for the project.
(c) A final as-built Elevation Certificate (FEMA Form 086-0-33) is
required after construction is completed and prior to Certificate
of Compliance/Occupancy issuance. It shall be the duty of the
permit holder to submit to the Zoning Administrator a
certification of final as-built construction of the elevation of the
reference level and all attendant utilities. The Zoning
Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as-built
construction. Failure to submit the certification or failure to make
required corrections shall be cause to withhold the issuance of
a Certificate of Compliance/Occupancy. The Finished
Construction Elevation Certificate certifier shall provide at least
2 photographs showing the front and rear of the building taken
within 90 days from the date of certification. The photographs
must be taken with views confirming the building description and
diagram number provided in Section A. To the extent possible,
these photographs should show the entire building including
foundation. If the building has split-level or multi-level areas,
provide at least 2 additional photographs showing side views of
the building. In addition, when applicable, provide a photograph
of the foundation showing a representative example of the flood
openings or vents. All photographs must be in color and
measure at least 3" x 3".
2. Floodproofing Certificate
(a) If non-residential floodproofing is used to meet the regulatory
flood protection elevation requirements, a Floodproofing
Certificate (FEMA Form 086-0-34), with supporting data and an
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operational plan, is required prior to the actual start of any new
construction. It shall be the duty of the permit holder to submit
to the Zoning Administrator a certification of the floodproofed
design elevation of the reference level and all attendant utilities,
in relation to NAVD 1988. Floodproofing certification shall be
prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The Zoning
Administrator shall review the certificate data and plan.
Deficiencies detected by such review shall be corrected by the
applicant prior to permit approval. Failure to submit the
certification or failure to make required corrections shall be
cause to deny a floodplain development permit. Failure to
construct in accordance with the certified design shall be cause
to withhold the issuance of a Certificate of
Compliance/Occupancy.
(b) A final Finished Construction Floodproofing Certificate (FEMA
Form 086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the
issuance of a Certificate of Compliance/Occupancy. It shall be
the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation
of the reference level and all attendant utilities, in relation to
NAVD 1988. Floodproofing certificate shall be prepared by or
under the direct supervision of a professional engineer or
architect and certified by same. The Floodplain Administrator
shall review the certificate data, the operational plan, and the
inspection and maintenance plan. Deficiencies detected by such
review shall be corrected by the applicant prior to Certificate of
Occupancy. Failure to submit the certification or failure to make
required corrections shall be cause to deny a Floodplain
Development Permit. Failure to construct in accordance with the
certified design shall be cause to deny a Certificate of
Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO, or A99
and the elevation of the chassis is more than 36 inches in height above
grade, an engineered foundation certification is required per Section 5-
6.7, B, 3, (b).
4. If a watercourse is to be altered or relocated, a description of the extent
of watercourse alteration or relocation; a professional engineer's
certified report on the effects of the proposed project on the flood-
carrying capacity of the watercourse and the effects to properties located
both upstream and downstream; and a map showing the location of the
proposed watercourse alteration or relocation shall all be submitted by
the permit applicant prior to issuance of a permit.
5. Certification Exemptions. The following structures, if located within
Zones A, AE, AH, AO, or A99, are exempt from the
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elevation/floodproofing certification requirements specified in items 1
and 2 above of this subsection:
a. Recreational Vehicles meeting requirements of Section 5-6.7, B,
6, (a);
b. Temporary Structures meeting requirements of Section 5-6.7, B,
7; and
c. Accessory Structures less than 150 square feet or
less than $3,000 and meeting requirements of Section 5-6.7, B,
8.
F. Determinations for existing buildings and structures
For applications for building permits to improve buildings and structures,
including alterations, movement, enlargement, replacement, repair, change
of occupancy, additions, rehabilitations, renovations, substantial
improvements, repairs of substantial damage, and any other improvement
of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
1. Estimate the market value, or require the applicant to obtain an
appraisal of the market value prepared by a qualified independent
appraiser, of the building or structure before the start of construction of
the proposed work; in the case of repair,the market value of the building
or structure shall be the market value before the damage occurred and
before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre-damaged condition, or the combined costs
of improvements and repairs, if applicable, to the market value of the
building or structure;
3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes
substantial improvement or repair of substantial damage and that
compliance with the flood resistant construction requirements of the NC
Building Code and this section is required.
5-6.5 Duties and Responsibilities of the Zoning Administrator
The duties of the Zoning Administrator as they relate to the administration and
enforcement of the provisions of Section 5-6 shall include, but not be limited to:
A. Review all floodplain development applications and issue permits for all
proposed development within Special Flood Hazard Areas to assure that the
requirements of this Section have been satisfied.
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B. Review all proposed development within Special Flood Hazard Areas to
assure that all necessary local, state and federal permits have been received,
including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334.
C. Notify adjacent communities and the North Carolina Department of Crime
Control and Public Safety, Division of Emergency Management, State
Coordinator for the National Flood Insurance Program prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency(FEMA).
D. Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood-carrying capacity is not diminished.
E. Prevent encroachments into floodways and non-encroachment areas unless
the certification and flood hazard reduction provisions of Section 5-6.7, E are
met.
F. Obtain actual elevation (in relation to NAVD 1988) of the reference level
(including basement) and all attendant utilities of all new or substantially
improved structures, in accordance with Section 5-6.4, E.
G. Obtain actual elevation (in relation to NAVD 1988) to which all new and
substantially improved structures and utilities have been floodproofed, in
accordance with Section 5-6.4, E.
H. Obtain actual elevation (in relation to NAVD 1988) of all public utilities in
accordance with Section 5-6.4, E.
I. When floodproofing is utilized for a particular structure, obtain certifications
from a registered professional engineer or architect in accordance with
Section 5-6.4, E and Section 5-6.7, B, 2.
J. Where interpretation is needed as to the exact location of boundaries of the
Special Flood Hazard Areas (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions), make the
necessary interpretation. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as
provided in this Section.
K. When Base Flood Elevation (BFE) data has not been provided in accordance
with Section 5-6.3, B obtain, review, and reasonably utilize any Base Flood
Elevation (BFE) data, along with floodway data or non-encroachment area
data available from a Federal, State, or other source, including data
developed pursuant to Section 5-6.7, C, 2, (b), in order to administer the
provisions of this Section.
L. When Base Flood Elevation (BFE) data is provided but no floodway nor non-
encroachment area data has been provided in accordance with Section 5-6.3,
B obtain, review, and reasonably utilize any floodway data or non-
encroachment area data available from a Federal, State, or other source in
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order to administer the provisions of this Section.
M. When the lowest ground elevation of a parcel or structure in a Special Flood
Hazard Area is above the Base Flood Elevation, advise the property owner
of the option to apply for a Letter of Map Amendment (LOMA) from FEMA.
Maintain a copy of the Letter of Map Amendment (LOMA) issued by FEMA in
the floodplain development permit file.
N. Permanently maintain all records that pertain to the administration of Section
5-6 and make these records available for public inspection.
O. Make on-site inspections of work in progress. As the work pursuant to a
permit progresses, the Zoning Administrator shall make as many inspections
of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit.
In exercising this power, the Zoning Administrator has a right, upon
presentation of proper credentials, to enter on any premises within the
jurisdiction of the community at any reasonable hour for the purposes of
inspection or other enforcement action.
P. Issue stop-work orders as required. Whenever a building or part thereof is
being constructed, reconstructed, altered, or repaired in violation of this
Section, the Zoning Administrator may order the work to be immediately
stopped. The stop- work order shall be in writing and directed to the person
doing the work. The stop-work order shall state the specific work to be
stopped, the specific reason(s) for the stoppage, and the condition(s) under
which the work may be resumed. Violation of a stop-work order constitutes a
misdemeanor.
Q. Revoke floodplain development permits as required. The Zoning
Administrator may revoke and require the return of the permit by notifying the
permit holder in writing stating the reason(s)for the revocation. Permits shall
be revoked for any substantial departure from the approved application,
plans, or specifications; for refusal or failure to comply with the requirements
of State or local laws; or for false statements or misrepresentations made in
securing the permit. Any permit mistakenly issued in violation of an applicable
State or local law may also be revoked.
R. Make periodic inspections throughout all special flood hazard areas within the
jurisdiction of the community. The Zoning Administrator and each member of
his or her inspections department shall have a right, upon presentation of
proper credentials, to enter on any premises within the territorial jurisdiction
of the department at any reasonable hour for the purposes of inspection or
other enforcement action.
S. Follow through with corrective procedures of Section 5-6.3, G.
T. Review, provide input, and make recommendations for variance requests.
U. Maintain a current map repository to include, but not limited to, the FIS
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Report, FIRM and other official flood maps and studies adopted in
accordance with Section 5-6.3, B, including any revisions thereto including
Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping
needs.
V. Coordinate revisions to FIS reports and FIRMs, including Letters of Map
Revision Based on Fill (LOMR-F) and Letters of Map Revision(LOMR).
5-6.6 Variance Procedures
Requests for variances from the Flood Hazard Overlay District requirements of
Section 5-6 shall be reviewed by the board of adjustment in accordance with the
procedures outlined in Section 8-2, B. Any person aggrieved by the decision of
the board of adjustment may appeal such decision in accordance with the
provisions of Section 11- 7, Judicial Review.
5-6.7 Provisions for Flood Hazard Reduction
A. General Standards
In all Special Flood Hazard Areas, the following provisions are required:
1. All new construction and substantial improvements shall be designed
(or modified) and adequately anchored to prevent flotation, collapse,
and lateral movement of the structure.
2. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
3. All new construction and substantial improvements shall be constructed
by methods and practices that minimize flood damages.
4. All new electrical, heating, ventilation, plumbing, air conditioning
equipment, and other service equipment shall be located at or above the
RFPE or designed and installed to prevent water from entering or
accumulating within the components during the occurrence of the base
flood. These include, but are not limited to, HVAC equipment, water
softener units, bath/kitchen fixtures, ductwork, electric/gas meter
panels/boxes, utility/cable boxes, hot water heaters, and electric
outlets/switches.
(a) Replacements part of a substantial improvement, electrical,
heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a
substantial improvement, may be installed at the original location
provided the addition and/or improvements only comply with the
standards for new construction consistent with the code and
requirements for the original structure.
5. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
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6. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into flood waters.
7. On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding.
8. Nothing in this Section shall prevent the repair, reconstruction, or
replacement of a building or structure existing on the effective date of
this Section and located totally or partially within the floodway, non-
encroachment area, or stream setback, provided there is no additional
encroachment below the regulatory flood protection elevation in the
floodway, non-encroachment area, or stream setback, and provided
that such repair, reconstruction, or replacement meets all of the other
requirements of this Section.
9. New solid waste disposal facilities and sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities
shall not be permitted, except by variance as specified in Section 5-6.6,
I.A structure or tank for chemical or fuel storage incidental to an allowed
use or to the operation of a water treatment plant or wastewater
treatment facility may be located in a Special Flood Hazard Area only if
the structure or tank is either elevated or floodproofed to at least the
regulatory flood protection elevation and certified according to Section
5-6.4, E.
10. All subdivision proposals and other development proposals shall be
consistent with the need to minimize flood damage.
11. All subdivision proposals and other development proposals shall have
public utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage.
12. All subdivision proposals and other development proposals shall have
adequate drainage provided to reduce exposure to flood hazards.
13. All subdivision proposals and other development proposals shall have
received all necessary permits from those governmental agencies for
which approval is required by Federal or State law, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334.
14. When a structure is partially located in a Special Flood Hazard Area,
the entire structure shall meet the requirements for new construction
and substantial improvements.
15. When a structure is located in multiple flood hazard zones or in a flood
hazard risk zone with multiple base flood elevations, the provisions for
the more restrictive flood hazard risk zone and the highest BFE shall
apply.
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B. Specific Standards
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data
has been provided, as set forth in Section 5-6.3, B or Section 5-6.5, K and L,
the following provisions, in addition to Section 5-6.7, A, are required:
1. Residential Construction
New construction and substantial improvement of any residential
structure (including manufactured homes) shall have the
reference level, including basement, elevated no lower than the
regulatory flood protection elevation, as defined in Section 5-6.2.
2. Non-Residential Construction
New construction and substantial improvement of any commercial,
industrial, or other non-residential structure shall have the
reference level, including basement, elevated no lower than the
regulatory flood protection elevation, as defined in Section 5-6.2.
Structures located in Zones A, AE, AH, AO, A99 may be
floodproofed to the regulatory flood protection elevation in lieu of
elevation provided that all areas of the structure, together with
attendant utility and sanitary facilities, below the regulatory flood
protection elevation are watertight with walls substantially
impermeable to the passage of water, using structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. For AH and AO
Zones, the floodproofing elevation shall be in accordance with
Section 5-6.7, F. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied.
Such certification shall be provided to the Zoning Administrator as
set forth in Section 5-6.4, E along with the operational and
maintenance plans.
3. Manufactured Homes:
(a) New or replacement manufactured homes shall be elevated so
that the reference level of the manufactured home is no lower
than the regulatory flood protection elevation, as defined in
Section 5-6.2.
(b) Manufactured homes shall be securely anchored to an
adequately anchored foundation to resist flotation, collapse, and
lateral movement, either by engineer certification, or in
accordance with the most current edition of the State of North
Carolina Regulations for Manufactured Homes adopted by the
Commissioner of Insurance pursuant to NCGS 143-143.15.
Additionally, when the elevation would be met by an elevation
of the chassis thirty-six inches or less above the grade at the
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site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is
above thirty-six inches in height, an engineering certification is
required.
(c) All enclosures or skirting below the lowest floor shall meet the
requirements of Section 3-5.7, B, 4.
(d) An evacuation plan must be developed for evacuation of all
residents of all new, substantially improved or substantially
damaged manufactured home parks or subdivisions located
within flood prone areas. This plan shall be filed with and
approved by the Zoning Administrator and the local Emergency
Management coordinator.
4. Elevated Buildings
Fully enclosed area, of new construction and substantially
improved structures, which is below the lowest floor:
(a) Shall not be designed or used for human habitation, but shall
only be used for parking of vehicles, building access, or limited
storage of maintenance equipment used in connection with the
premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or
limited storage of maintenance equipment (standard exterior
door), or entry to the living area (stairway or elevator). The
interior portion of such enclosed area shall not be finished or
partitioned into separate rooms, except to enclose storage
areas;
(b) Shall not be temperature controlled.
(c) Shall be constructed entirely of flood resistant materials below
the regulatory flood protection elevation; and
(d) Shall include, in Zones A, AE, AH, AO, A99 flood openings to
automatically equalize hydrostatic flood forces on walls by
allowing for the entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by a
professional engineer or architect or meet or exceed the
following minimum design criteria;
(1) A minimum of two flood openings on different sides of
each enclosed area subject to flooding;
(2) The total net area of all flood openings must be at
least one square inch for each square foot of
enclosed area subject to flooding;
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(3) If a building has more than one enclosed area,
each enclosed area must have flood openings to
allow floodwaters to automatically enter and exit;
(4) The bottom of all required flood openings shall be
no higher than one foot above the adjacent grade;
(5) Flood openings may be equipped with screens, louvers,
or other coverings or devices, provided they permit the
automatic flow of floodwaters in both directions;and
(6) Enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do
not require flood openings. Masonry or wood
underpinning, regardless of structural status, is
considered an enclosure and requires flood openings
as outlined above.
5. Additions/Improvements:
(a) Additions and/or improvements to pre-FIRM structures when the
addition and/or improvements in combination with any interior
modifications to the existing structure are:
(1) Not a substantial improvement, the addition and/or
improvements must be designed to minimize flood
damages and must not be any more non-conforming
than the existing structure.
(2) A substantial improvement, both the existing structure
and the addition and/or improvements must comply with
the standards for new construction.
(b) Additions to post-FIRM structures with no modifications to the
existing structure other than a standard door in the common wall
shall require only the addition to comply with the standards for
new construction.
(c) Additions and/or improvements to post-FIRM structures when
the addition and/or improvements in combination with any
interior modifications to the existing structure are:
(1) Not a substantial improvement, the addition and/or
improvements only must comply with the standards
for new construction.
(2) A substantial improvement, both the existing structure
and the addition and/or improvements must comply with
the standards for new construction.
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(d) Where an independent perimeter load-bearing wall is provided
between the addition and the existing building, the addition(s)
shall be considered a separate building and only the addition
must comply with the standards for new construction.
6. Recreational Vehicles
Recreational vehicles shall either:
(a) Temporary Placement
(1) Be on site for fewer than 180 consecutive days; or
(2) Be fully licensed and ready for highway use (a
recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities, and has no permanently
attached additions); or
(b) Permanent Placement. Recreational vehicles that do not meet the
limitations of Temporary Placement shall meet all the
requirements for new construction.
7. Temporary Non-Residential Structures
Prior to the issuance of a permit for a temporary structure, the applicant
must submit to the Zoning Administrator a plan for the removal of such
structure(s) in the event of a hurricane, flash flood or other type of flood
warning notification. The following information shall be submitted in
writing to the Zoning Administrator for review and written approval:
(a) A specified time period for which the temporary use will be
permitted. Time specified may not exceed three months,
renewable up to one year;
(b) The name, address, and phone number of the individual
responsible for the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be
removed (i.e., minimum of 72 hours before landfall of a
hurricane or immediately upon flood warning notification);
(d) A copy of the contract or other suitable instrument with the entity
responsible for physical removal of the structure;and
(e) Designation, accompanied by documentation, of a location
outside the Special Flood Hazard Area, to which the temporary
structure will be moved.
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8. Accessory Structures
When accessory structures (sheds, detached garages, etc.) are
to be placed within a Special Flood Hazard Area, the following
criteria shall be met:
(a) Accessory structures shall not be used for human habitation
(including working, sleeping, living, cooking or restroom areas);
(b) Accessory structures shall not be temperature-controlled;
(c) Accessory structures shall be designed to have low flood
damage potential;
(d) Accessory structures shall be constructed and placed on the
building site so as to offer the minimum resistance to the flow of
floodwaters;
(e) Accessory structures shall be firmly anchored in accordance
with Section 5-6.7, A, 1;
(f) All service facilities such as electrical shall be installed in
accordance with Section 5-6.7, A, 4; and
(g) Flood openings to facilitate automatic equalization of hydrostatic
flood forces shall be provided below regulatory flood protection
elevation in conformance with Section 5-6.7, B, 4(c).
An accessory structure with footprint less than 150 square feet, or that
is a minimal investment of$3,000 or less, and that satisfies the criteria
outlined above does not require an elevation or floodproofing certificate.
Elevation or floodproofing certifications are required for all other
accessory structures in accordance with Section 5-6.4, D.
9. Tanks
When gas and liquid storage tanks are to be placed within a Special
Flood Hazard Area, the following criteria shall be met:
(a) Underground Tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the
design flood, including the effects of buoyancy assuming the
tank is empty;
(b) Above-ground elevated tanks in flood hazard areas shall be
elevated to or above the Regulatory Flood Protection Elevation
on a supporting structure that is designed to prevent flotation,
collapse or lateral movement during conditions of the design
flood. Tank-supporting structures shall meet the foundation
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requirements of the applicable flood hazard area;
(c) Above-ground not elevated tanks that do not meet the elevation
requirements of Section B (2) of this section shall be permitted
in flood hazard areas provided the tanks are designed,
constructed, installed, and anchored to resist all flood-related
and other loads, including the effects of buoyancy, during
conditions of the design flood and without release of contents in
the floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and anchored
to resist the potential buoyant and other flood forces acting on
an empty tank during design flood conditions.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and
vents shall be:
(1) At or above the Regulatory Flood Protection Elevation or
fitted with covers designed to prevent the inflow of
floodwater or outflow of the contents of the tanks during
conditions of the design flood; and
(2) Anchored to prevent lateral movement resulting from
hydrodynamic and hydrostatic loads, including the
effects of buoyancy, during conditions of the design
flood.
10. Other Development
(a) Fences in regulated floodways and NEAs that have the potential
to block the passage of floodwaters, such as stockade fences and
wire mesh fences, shall meet the limitations of Section 5-6.7, E of
this section.
(b) Retaining walls sidewalks and driveways in regulated floodways
and NEAs. Retaining walls and sidewalks and driveways that
involve the placement of fill in regulated floodways shall meet
the limitations of Section 5-6.7, E of this section.
(c) Roads and watercourse crossings in regulated floodways and
NEAs. Roads and watercourse crossings, including roads,
bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse
to the other side, that encroach into regulated floodways shall
meet the limitations of Section 5-6.7, E of this section.
C. Standards for Floodplains without Established Base Flood Elevations
Within the Special Flood Hazard Areas designated as Approximate Zone A
and established in Section 5-6.3, B, where no Base Flood Elevation (BFE)
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

data has been provided by FEMA, the following provisions, in addition to
Sections 5-6.7, A and B, shall apply:
1. No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within a distance
of twenty feet each side from top of bank or five times the width of the
stream, whichever is greater, unless certification with supporting
technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase
in flood levels during the occurrence of the base flood discharge.
2. The BFE used in determining the regulatory flood protection elevation
shall be determined based on one of the following criteria set in priority
order:
(a) If Base Flood Elevation (BFE) data is available from other
sources, all new construction and substantial improvements
within such areas shall also comply with all applicable provisions
of this Section and shall be elevated or floodproofed in
accordance with standards in Section 5-6.5, K and L.
(b) When floodway or non-encroachment data is available from a
Federal, State, or other source, all new construction and
substantial improvements within floodway and non-
encroachment areas shall also comply with the requirements of
Section 5-6.7 B and E.
(c) All subdivision, manufactured home park and other
development proposals shall provide Base Flood Elevation
(BFE) data if development is greater than five acres or has more
than fifty lots/manufactured home sites. Such Base Flood
Elevation (BFE) data shall be adopted by reference per Section
5-6.3, B to be utilized in implementing this Section.
(d) When Base Flood Elevation (BFE) data is not available from a
Federal, State, or other source as outlined above, the reference
level shall be elevated to or above the regulatory flood protection
elevation, as defined in Section 5-6.2.
D. Standards for Riverine Floodplains with BFE but without Established Floodways
or Non-Encroachment Areas
Along rivers and streams where BFE data is provided but neither floodway
nor non-encroachment areas are identified for a Special Flood Hazard Area
on the FIRM or in the FIS report, the following requirements shall apply to all
development within such areas:
1. Standards outlined in Section 5-6.7, A and B; and
2. Until a regulatory floodway or non-encroachment area is designated, no
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

encroachments, including fill, new construction, substantial
improvements, or other development, shall be permitted unless
certification with supporting technical data by a registered professional
engineer is provided demonstrating that the cumulative effect of the
proposed development, when combined with all other existing and
anticipated development,will not increase the water surface elevation of
the base flood more than one foot at any point within the community.
E. Standards for Floodways and Non-Encroachment Areas
Areas designated as floodways or non-encroachment areas are located
within the Special Flood Hazard Areas established in Section 5-6.3, B. The
floodways and non-encroachment areas are extremely hazardous areas due
to the velocity of floodwaters that have erosion potential and carry debris and
potential projectiles. The following provisions, in addition to standards
outlined in Section 5-6.7, A and B, shall apply to all development within such
areas:
1. No encroachments, including fill, new construction, substantial improvements and
other developments shall be permitted unless it has been demonstrated that:
(a) The proposed encroachment would not result in any increase in the flood
levels during the occurrence of the base flood, based on hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice and presented to the Zoning Administrator prior to issuance of a
permit, or
(b) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA.
A Letter of Map Revision (LOMR) must also be obtained upon completion of
the proposed encroachment.
2. If Section 5-6.7, E, 1 is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this Section.
3. No manufactured homes shall be permitted, except replacement manufactured
homes in an existing manufactured home park or subdivision, provided the
following provisions are met:
(a) The anchoring and the elevation standards of Section 5-6.7. B, 3; and
(b) The no encroachment standard of Section 5-6.7, E, 1.
F. Standards for Areas of Shallow Flooding (Zone AO)
Located within the Special Flood Hazard Areas established in Section 5-6.3, B, are
areas designated as shallow flooding areas. These areas have special flood hazards
associated with base flood depths of one to three feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and
indeterminate. In addition to Section 5-6.7, A, all new construction and substantial
improvements shall meet the following requirements:
Mebane UDO,Article 5 5-112
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

1. The reference level shall be elevated at least as high as the depth number specified
on the Flood Insurance Rate Map(FIRM), in feet, plus a freeboard of two feet, above
the highest adjacent grade; or at least two feet above the highest adjacent grade
plus a freeboard of two feet if no depth number is specified.
2. Non-residential structures may, in lieu of elevation, be floodproofed to the same
level as required in subsection 1 above so that the structure,together with attendant
utility and sanitary facilities, below that level shall be watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy. Certification is required as per Section 5-6.4, D and Section 5-6.7, B,
2.
3. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
G. Standards for Areas of Shallow Flooding Zone (ZONE AH)
Located within the Special Flood Hazard Areas established in Article 3, Section B,
are areas designated as shallow flooding areas. These areas are subject to
inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding)
where average depths are one (1) to three (3) feet. Base Flood Elevations are
derived from detailed hydraulic analyses are shown in this zone.
In addition to Section 5-6.7, A and B, all new construction and substantial
improvements shall meet the following requirements:
1. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
2. All drainage features have a natural floodplain but not all are shown on the FEMA
through the FEMA Flood Insurance Rate Maps (FIRMs). The City may require
additional flood study's or restrictions on these Non-FEMA regulated floodplains.
Standards for NON-FEMA regulated areas will include a flood study that complies
with the City's Storm Sewer Design Manual for developments that are 5 acres or
more in size, that are adjacent to, traversed by, or cross a drainageway or storm
drainage system that has 5 acres of more of contributing drainage area. Finished
floor elevations are to be a minimum of 24" higher than the established flood
elevation for the 1% annual storm event. This requirement may be waived by the
City Engineer if, in his professional opinion, the development will have minimal
impact on flood levels.
Amended June 7, 2021
5-6.8 Effect upon Outstanding Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a permit has been
granted by the Zoning Administrator or his or her authorized agents before the time of
passage of this Ordinance; provided, however, that when construction is not begun under
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017

such outstanding permit within a period of six months subsequent to the date of issuance
of the outstanding permit, construction or use shall be in conformity with the provisions of
this Ordinance.
5-7 Soil Erosion and Sedimentation Control
A. No final site plan approval and no final plat approval for subdivisions may be given
with respect to any development that would cause land disturbing activity requiring
prior approval of an erosion and sedimentation control plan by the Land Quality
Section, Division of Land Resources, NC Department of Environment and Natural
Resources under NCGS 113A-57(4) unless the Land Quality Section has certified
to the City, either that:
1. An erosion control plan has been submitted to and approved by the Land
Quality Section; or
2. The Land Quality Section has examined the preliminary plans for the
development and it reasonably appears that an erosion control plan can be
approved upon submission by the developer of more detailed construction
or design drawings. However, in this case, construction of the development
may not begin (and no building permits may be issued) until the Land
Quality Section approves the erosion control plan.
B. For purposes of this Section, 'land disturbing activity' means any use of the land
by any person in residential, industrial, educational, institutional or commercial
development, highway and street construction and maintenance that results in a
change in the natural cover or topography and that may cause or contribute to
sedimentation except activities that are exempt under NCGS 113A-52(6)).
Sedimentation occurs whenever solid particulate matter, mineral or organic, is
transported by water, air, gravity, or ice from the site of its origin.
5-8 (Reserved) [amended, June 6, 2022]
Mebane UDO,Article 5 5-114
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February 4,2008;amended April 7, 2008;amended 07/11/16;amended November 6,2017