NCS000422_APPLICATION_20100203

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
/vC� 0 U a
DOC TYPE
❑FINAL PERMIT
REPORT
ANNUAL
PPLICATIO N
❑ COMPLIANCE
❑ OTHER
DOC DATE
p �b � D "" 03
YYYYMMDD

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
_�is:OFFIC'cUSEaONLY µ,
Date Rec'd
Fee Paid
Permit Number
2-
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant. _
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Black Mountain
Seeking Permit Coverage
b.
Ownership Status (federal,
Local q
state or local)�a
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Buncombe -.
f.
Jurisdictional Area (square
6.83
miles
g.
Population
Permanent
8,598 (NC Certified estimate for 2008)
Seasonal (if available)
h.
Ten-year Growth Rate
1990 — 2000: 36%
2000-2010: 14.5% estimated based on 2008 o ulation
i.
Located on Indian Lands?
❑ Yes X No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
6.83
b.
River Basin(s)
French Broad (Swannanoa river watershed)
c.
Number of Primary Receiving
Streams
22
d.
Estimated percentage of jurisdictional area containing the following four land use activities:
•
Residential
64%
•
Commercial
14%
•
Industrial
1%
•
Open S ace
21%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes X No
a
o
0
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NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes XNo
b. Local Water Supply Watershed Program
❑ Yes XNo
c. Delegated Erosion and Sediment Control Program
X Yes ❑ No
d. CAMA Land Use Plan
❑ Yes X No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
Yes XNo
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
N/A
• . NPDES Permit Number
N/A
c. Do you intend to co -permit
❑ Yes X No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
N/A
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No N/A
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes XNo
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
N/A
• Element they will implement
N/A
• Contact Person
N/A
• Contact Address
N/A
• Contact Telephone Number
N/A
c. Are legal agreements in place
to establish responsibilities?
❑ Yes ❑ No N/A
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
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NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and, belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of lines and imprisonment for knowing violations.
Signature
Name
Marcy Onieal
Title
Town Manager
Street Address
160 Midland Avenue
PO Box
City
Black Mountain
State
NC
Zip
28711
Telephone
828-419-9300
Fax
828-669-4204
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Elizabeth Teague
b.
Title
Planning Director
c.
Street Address
160 Midland Avenue
d.
PO Box
e.
City
Black Mountain
f.
State
NC
g.
zip
28711
h.
Telephone Number
828-419-9371
L
Fax Number
828-669-2030
j.
E-Mail Address
[e-mail]
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NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutarts (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
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NPDES RPE Stormwater Permit Application
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed Stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1, Population Served 6
1.2. Growth Rate 6
1.3. Jurisdictional and MS4 Service Areas 6
1.4. MS4 Conveyance System 6
1.5. Land Use Composition Estimates 7
1.6. Estimate Methodology 7
1.7. TMDL Identification 7
2. RECEIVING STREAMS 8
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs 9
3.2. State programs 9
PERMITTING INFORMATION
4.1. Responsible Party Contact List 10
4.2. Organizational Chart 10
4.3. Signing Official 10
4.4. Duly Authorized Representative 10
5. Co -Permitting Information (not applicable) 11
6. Reliance on Other Government Entity
6.1. Name of Entity
11
6.2. Measure Implemented
11
6.3. Contact Information
11
6.4, Legal Agreements
11
STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts 12
7.2. Public Involvement and Participation 13
7.3. Illicit Discharge Detection and Elimination 14
7.4. Construction Site Stormwater Runoff Control 15
7.5. Post -Construction Storm Water Management in New Development and Redevelopment 15
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 17
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NPDES RPE Stormwater Permit Application
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served:
The Population of the Town of Black Mountain and the Population served by our MS4 is 8598 persons.
The source of this data is the N.C. State Data Center's 2008 Certified Population Estimate. The Town
is not attempting to estimate our seasonal population.
1.2. Growth Rate:
Black Mountain's 1990 population was 5,533 and our 2000 population grew to 7,511. The growth
rate for Black Mountain from 1990 to 2000 was 35.7%. This high percentage of growth was largely
due to an annexation during the decade. The growth rate from 2000 to 2008 is 14.5%. This is
calculated from the percent change of the 2000 Census figures to the 2008 NC State Data Center
Certified estimates.
1.3. Jurisdictional and MS4 Service Areas: jurisdictional and MS4 service area in square miles.
The Black Mountain jurisdictional and MS4 service area is 6.83 square miles which includes .39 square
miles of residential area annexed since our March 10, 2003 NPDES Application.
1.4 MS4 Conveyance System:
The Town of Black Mountain's MS4 consists of roadside ditches, open channels, pipes and culverts
normally associated with a small town road system. The Town carries out a range of maintenance
activities aimed toward keeping the conveyances clean and clear. Typical maintenance activities
include street vacuuming and cleaning, clearing garbage, leaves and debris from ditches and gutters,
cleaning out catch basins and junction boxes and grading for appropriate pitch in ditches.
The major arterial roads of Black Mountain are maintained by NCDOT, as is Interstate 40 which
intersects the Town and follows a stretch of the Swannanoa River, including:
SR
Number
Road Name
N.C. 9
SR
2713
Old Lakey Gap Road
SR
2300
Blue Ridge Road
SR
2526
McCoy Cove Road
SR
2522
Avena Road
SR
2515
Flat Creek Road
SR
2520
Rainbow Terrace Road
SR
2474
North Fork Road
SR
2979
Walker Cove Road
SR
2489
Rhododendron Avenue
SR
2495
Hiawassee Avenue
SR
2500
Fortune Street
SR
2300
North Blue Ridge Road
SR
2473
Cragmont Road
SR
2471
Tabernacle Road
SR
2472
Grovestone Road
Old US 70
SR
2561
Kearfot Road
I-40
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NPDES RPE Stormwater Permit Application
All receiving streams and stormwater outfalls in our town eventually empty into the Swannanoa River,
but many of the Town's streams and manmade stormwater facilities empty into the N.C. Department
of Transportation system before discharging into the Swannanoa River.
With funding from the Clean Water Management Trust Fund, the Town completed a Stormwater
Master Plan in 2009, which identified several capital improvements the Town is working toward to
replace or improve stormwater management within our local MS4 and drainages. This includes a
recent successful application for ARRA funding to slow down the flow of run-off into Tomahawk
Branch by the re -grading of strategic areas within the municipal golf course and replacement of a
sediment control basin and valve above Lake Tomahawk within a municipal park.
1.4. Land Use Composition Estimates: Estimate the percentage of the MS4 service area that is under
residential, commercial, industrial, and open space land use.
Residential Land Use
64%
Commercial Land Use
14%
Industrial Land Use
1%
Open Space Land Use
21%
Total
100%
1.5. Estimate Methodology: Briefly explain the methodology used to determine the land use estimates.
Black Mountain used the Town's GIS system and Buncombe County tax records to calculate land use
percentages. The Town correlated our zoning classifications to the various land use classifications
requested by this application and generated the percentages. Open space was estimated using
county tax records for undeveloped properties as an estimator for open space.
1.5 TMDL Identification: The Environmental Protection Agency or the iNCDENR has the authority to
establish and issue a Total Maximum Daily Load allocation on a body of water or receiving stream.
The Town of Black Mountain's MS4 does not knowingly discharge into a controlled body of water or
receiving stream.
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NPDES RPE Stormwater Permit Application
2. Receiving Streams for the Town of Black Mountain
French Broad River Basin — Swonnanoo Watershed (from BIMS Report, 2010-01-23)
Stream
Receiving Stream
Stream
Water
Use
Water
Number
Name
Segment or
Quality
Support
Quality
Index #
Classification
Rating
Issues
1
Unnamed tributary to
E. of State
B
Unknown
Unknown
Swannanoa River
Hospital to
Swan. R.
2
Unnamed north fork to
Cragmont Rd.
B
Unknown
Unknown
Stream 1
to State
Hospital
3
Unnamed south fork to
S.E. of
B
Unknown
Unknown
Stream 1
Highland Farms
Dev.
4
Swannanoa River
6-78
C
FS
Unknown
5
Tomahawk Branch
6-78-9
B
Unknown
Unknown
6
Briar Branch
6-78-10-4
B
Unknown
Unknown
7
Wolf it Branch
6-78-10- Z
C
Unknown
Unknown
8
Laurel Branch
6-78-11-16
C
Unknown
Unknown
9
Unnamed south tributary to
Crosses Old
B
Unknown
Unknown
Swannanoa River
Lakey Ga Rd.
10
Camp Branch
6-78-7
C
Unknown
Unknown
11
Lynch Creek
6-78-7-2
C
Unknown
Unknown
12
Unnamed south fork tributary to
E. of Lakey
B
Unknown
Unknown
Camp Branch
Gap Cha el
13
Britton Creek
6-78-7-1
C
Unknown
Unknown
14
Flat Creek
6-78-6- 4
C
Unknown
Unknown
15
Unnamed west tributary to Flat
Enters Flat
B
Unknown
Unknown
Creek
Creek near
Stepp St. and
Judy Dr,
16
Unnamed NW tributary to Flat Creek
S.E. of Camp
B
Unknown
Unknown
Meri-Mac
17
Unnamed second NW tributary to
S. of
B
Unknown
Unknown
Fiat Creek
intersection of
Flat Creek Rd.
and Montreat
Rd.
18
Unnamed North tributary to
Crosses U.S. 70
B
Unknown
Unknown
Swannanoa River
near
Pad etown Rd.
19
Unnamed east tributary to Stream
W. of Avena
B
Unknown
Unknown
18
Rd.
20
NcCoy Cove or unnamed tributary to
Adjacent to
B
Unknown
Unknown
Swannanoa River
McCoy Cove
Rd.
21
Unnamed west tributary to
S. of Green Dr.
B
Unknown
Unknown
Tomahawk Branch
22
Unnamed NW tributary to
N. of Green
B
Unknown
Unknown
Tomahawk Branch
Drive
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NPOES RPE Stormwater Permit Application
3. Existing Water Quality Programs
3.1. Local Programs: List and briefly describe the existing water quality, programs that are implemented
by your community within the MS4 service area.
The Town of Black Mountain has developed a Wellhead Protection Program as a component of its
Zoning Ordinance. The program creates a zoning overlay district within a specified radius of the
Town's wellhead sites. The program regulates and prohibits potentially polluting land uses within the
wellhead area. The radius of protection varies with each individual well site and its characteristics.
The Town's water system, which relies solely on groundwater, has wellhead sites scattered
throughout the jurisdiction.
The Town is in the fifth year of implementing its Phase 11 Stormwater Management Program which
has resulted in a local ordinance implementing Phase II Requirements and stormwater review as part
of building and subdivision permit processing, as well as programming to meet the six minimum
measures as our Permit requires.
The Town of Black Mountain also has several targeted initiatives to improve or protect water quality
within our jurisdiction. These include:
• Rain gardens that collect, retain and treat run-off from with educational signage in municipal
parking areas and parks. One of these also serves a greenway trail and a popular dog park.
The Town will continue to look for opportunities to develop stormwater BMPS in conjunction
with municipal parks and parking lots.
• Stormwater collection demonstration at Townhall. The newly renovated Townhall facility was
completed in 2009, with rain barrels, landscaping and a rain garden.
• Stream Enhancement and streambank restoration along Flat Creek. With assistance from
North Carolina State University and the French Broad Water Quality Group, the Town
received a grant from the Division of Water Resources and the Pigeon River Fund to address
erosion and improve stream morphology along a stretch of Flat Creek. The Town also works
with and will continue to work with various school groups to conduct stream clean ups and
riparian corridor plantings along Flat Creek.
• Stormwater management along Tomahawk Branch and Lake. As a result of our Stormwater
Master Plan, the Town pursued and received ARRA funding to implement stormwater
management improvements within the Black Mountain Municipal Golf Course along
Tomahawk Branch, and to improve a sediment basin above Lake Tomahawk at Tomahawk
Municipal Park.
• Storm drain labels. With assistance from Land -of -Sky Regional Council, the Town labeled
storm drains to let the public know that our MS4 system drains'to streams.
Pet waste collection information and bags available at parks: The Town has installed pet
waste collection signage and bag dispensers at parks where people tend to walk their dogs.
3.2. State Programs: existing programs that are implemented by the state within the MS4 service area.
The State Erosion and Sediment Control Program is administered in the Black Mountain and
Buncombe County by Buncombe County. The person responsible for the program is Mr. Michael
Brookshire and he may be contacted at the Buncombe County Planning Department, 46 Valley Street,
Asheville NC 28801. His phone number is 828-250-4848.
The Town does not administer a CAMA Land Use Plan, nor does it discharge into any territorial seas,
oceans or a TMDL controlled water body.
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NPDES RPE Stormwater Permit Application
4. Permitting Information.
4.1. Resnonsible Party Contact List:
Measurable Goal
Name
Position
Phone
Fax #-
E-mail
All goals unless as
Marcy
Town
828-
828-
[e-mail]
delegated below
Onieal
Manager
419-
419-
9300
4204
Education Plan,
Elizabeth
Planning
828-
828-
Elizabeth.tague@townofblackmountain
Public Involvement,
Teague
Director
419-
669-
org
Local Ordinances
99371
2030
(post construction
and illicit discharge
regulations)
Inspect system for
Bob Watts
Public
828-
828-
[e-mail]
illicit discharges,
Works
669-
669
Good housekeeping,
Director
7316
4204
MS4 maintenance
Training of Town
Marcy
Town
employees
Onieal, Bob
manger
Watts,
and
Elizabeth
Departm
Teague,
ent
Other
Heads
employees
as assigned
4.2. Organizational Chart for Black Mountain's Stormwater Program:
Town Manager
Town Board
Marcy Onieal
Of Aldernien
Planning Director Public Works
Parks and Ree
FDirector
Elizabeth Teague
Director Bob Watts
Jim Orr
Land Use Regulations Street Department
and Permitting
Other Department
H eads
4.3. Signing Official:
Marcy Onieal, Black Mountain Town Manager will be the individual signing the application and report.
Black Mountain has adopted the council — manager form of government. As the Town Manager, Ms.
Onieal is the principle executive officer of the municipality.
4.4. Duly Authorized Representative
The Town of Black Mountain is not delegating permit application responsibility.
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NPDES RPE Stormwater Permit Application
5. Co -Permitting Information (not applicable)
The Town of Black Mountain is not seeking to co -permit its NPDES Phase II Stormwater Permit
application, or any portion thereof, at this time but does depend on other agencies for
implementation of portions of its permit (see Section 6 following).
6. Reliance on other government entity to satisfy one or more permit obligations
If you are relying on another government entity to satisfy one or more permit obligation and are not
applying as co-permittees, provide the following information on each entity and the permit obligation:
-Sedimentation and Erosion Control:
Buncombe County Planning Department
Erosion and Sedimentation Control Program
Mr. Michael Brookshire
Buncombe County Planning Department, 46 Valley Street, Asheville NC 28601.
Phone number 828-250-4848.
A legal agreement is in place establishing the relationship between the County and the Town for
administration of this program.
-Hazardous Materials:
North Carolina Hazardous Materials Regional Response Team
C/O Asheville Fire Department
P.O. Box 7148
Asheville NC 28802
828 259 5636
Statutory authority is in place for the RRT to respond to emergencies in Black Mountain
-State Road Maintenance:
N.C. Department of Transportation
Highway Division 13
Jay Swain
Division Engineer
P.O. Box 3279
Asheville NC 28802
Phone number 828 2516171
The State of North Carolina owns and maintains the roads listed in the table at section 1.4.
- Public Education Assistance (in addition to Town Educational Initiatives):
Land -of -Sky Regional Council
Bill Eaker
Environmental Services Director
339 Leicester Highway, Suite 140
Asheville, NC 28806
[phone]
Black Mountain is a member of the Regional Council of Governments and participates in regional
initiative to produce public information on stormwater management.
Page 11
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NPDES RPE Stormwater Permit Application
7. Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
#�
_
t'BMP
P4,
Measurable Goals 4 _ __
�,TG •1 }�x � +D f t J �'.r 6.f
a a; i.
YR .
i YR
r.YR
YR
.t•
YR
Responsible ,
ri - 11 Fj i "
,Position
1
Implement
A. Regional materials developed on
X
X
X
X
X
Planning Director
Education
Regulations and Phase II Information
Plan
(PSA, brochure, website)
B. Information provided on Town
X
X
X
X
X
website and at Town Permit Office.
Public Works
C. Demonstration sites established and
X
X
X
X
X
Director or Parks
maintained at Townhall, Bi-Lo Park,
Director
and Arts Center
D. LID Workshops for Developers
X
X
E. Advertise Clean Water Contractors
X
X
X
X
X
Certification Course
F. Storm drains labeled to prevent illicit
X
X
X
X
X
discharge
7.1.1 Target Audience:
Our target audience is homeowners and the development community. To reach this audience,
the Town has focused our educational resources on providing examples for home -owners (such
as the rain -barrels at townhall and through PSA developed by Land -of -Sky Regional Council) and
providing information through the Town's building and Zoning permits Department. We have
chosen this group because Black Mountain is primarily a residential community. We also feel that
there is a need to educate and generate support from the general public for Stormwater
Regulation and control.
7.1.2 Target Pollutants:
Sedimentation continues to be our primary target pollutant source and the reason our program
directs educational resources to our local development community. We also have developed
materials that teach citizens to be aware of run-off pollutants from yards and streets and the
importance of keeping drains and ditches free of debris.
7.1.3 Outreach and Decision -making Methodology:
The Town participated in a regional work group convened by Land -of -Sky Regional Council to
develop PSAs, brochures, and website information. Locally, we provide this information to the
public and the development community through the Town's Building and Zoning Office (part of
the Planning and Development Services Department) and on our Town website. The Town's
Planning Department held a series of workshops for contractors and developers that covered LID
techniques and stormwater management basics. We also developed several demonstration sites
throughout various Town properties to provide examples of how stormwater management can
work. Feedback on both the educational materials and demonstration sites has been positive and
workshops held to date have been well attended. The Town will continue to offer these
informational materials and workshops on an on -going basis.
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NPDES RPE Stormwater Permit Application
7.2 Public Involvement and Participation
JMdasurable"Goals;= F: a, �;
,.
=Y
RR
Y,
2
Y
R
t.3t'
R`
4'15,
Y�'
; R
Res onsi�le"
, P
;Po'sltl0n°.
c. r
2
Involve the Public in all
A. Stormwater Committee appointed
X
X
X
X
X
Planning
permit and regulatory
and reconvened as needed.
Director
development
B. Phase II Ordinance reviewed and
X
X
adopted and then re -visited as part
of Land Use Code updates by
Planning Board and Aldermen
7.2.1 Target Audience:
The Town of Black Mountain is blessed with an active and educated public. Our primary target
for public participation is our Town boards and Commissions as well as the general public. To
adopt the Phase IT Ordinance, the Town appointed a stormwater committee which drafted local
regulations based on a model ordinance provided by the Institute of Government. Members of
the committee included local developers, a local environmental planning firm, Town staff and
citizen volunteers. This committee will be re -convened and invited to work with our Planning
Board should our ordinance need to be updated or improved.
Recently, the Phase II ordinance was reviewed again as part of a comprehensive land use
regulation update by the town Planning Board and Board of Aldermen which goes into effect
March 14, 2010. Meetings of the Aldermen are televised and streamed on our Town website and
all planning board meetings are advertised and opened to the public.
In addition to Town government panels and public process, the Town works with local volunteer
groups including Montreat College, Warren Wilson College, and Riverl-ink, on stream and river
clean-ups. The Town will continue to involve the public in both our governmental procedures and
in supporting and promoting volunteer opportunities.
7.2.2 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the
existing conditions in Black Mountain and our best judgment on the most effective method to
achieve these goals. In the past 5 years of this program, we have been successful in meeting all
public involvement requirements through the passage of the Phase II rules and in working with
multiple volunteer groups and organizations.
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NPDES RPE Stormwater Permit Application
7.3 Illicit Discharge Detection and Elimination
•c �,�•.,,i-`�.„ice. 5t�, i i ^..
�, ,_ J _ H. *e i{:�„.rY,'F4 ._, i � 1'� .0
hr 1.�.�._2Y
R4�
=Y3 R�.Y4,
R+
"y.�5YR
� s
pons.rii-bf.el
P.osEtion�� .>
3
Implement and
A. The Town adopted and enforces an
X
X
X
X
X
Planning
enforce and Illicit
illicit discharge rules as part of our
Director
Discharge Ordinance
Phase II Ordinance
B. The Town created and maintains a
X
X
X
X
X
map of outfall locations of the MS4
system into local receiving streams
C. The MS4 is inspected periodically for
X
X
X
X
X
illicit discharges.
D. Complaints of illicit discharges are
X
X
X
X
X
investigated by the Planning
Department.
7.3.1 Target Audience:
This BMP targets all citizens by providing the Town a system of enforcement for illicit discharges.
It also requires staff to maintain a map of outfalls which is periodically updated. For example,
the Town produced a map with the help of Montreat College in 2005 and then updated their
information as part of the 2009 Stormwater Master Plan.
7.3.2 Outreach and Decision -making Methodology:
The Town of Black Mountain adopted the model regulations provided along with the included list
of allowable discharges, as a regulatory structure for implementing this BMP. The Town of Black
Mountain does allow discharges from residential and non-residential roof gutters as an occasional
incidental non-stormwater discharge into our MS4. Charity car washes, church and non-profit
vehicle washing or other non-commercial vehicle washing are also be allowed but may be limited
in frequency and location. We do not believe that these discharges are a significant source of
pollutants to the MS4 because of their nature.
Town employees, especially those working in the Public Works, Parks and Recreation and
Planning Departments receive training on the hazards of illicit stormwater discharges and
improper disposal of waste. Businesses and the general public will be informed about illicit
discharges as a component of our public education program.
Initially, the Town of Black Mountain searched for illicit discharges as we created the outfall map.
By the second year of our program we had our ordinance in place and staff assigned to
investigate discharges and trained employees in our Public Works department to be vigilant for
illicit discharges as they carry out maintenance activities for our streets and drainage facilities.
When an alleged illicit discharge is detected, Town staff follows the substance back to its source
using odor, color, viscosity etc. as indicators. If necessary, we will use dye to help establish the
path of the discharge. Through this method one such discharge in the past year was identified
by our Public Works staff, and investigated by the Planning Director with assistance from our local
EPA office, and corrected.
The Stormwater Master Plan which was recently completed, updated our outfall map and
identified locations of potential concern which we continue to monitor. It also provided a Capital
Improvement Program which the Town will continue to implement through annual budgeting and
the pursuit of grant funding.
Page 14
SWU-264-103102

NPDES RPE Stormwater Permit Application
7.4 Construction Site Stormwater Runoff Control
:#
BMP sY
Measurable,Goalsr. ;'`
YR.- ,
•YR',
YR,
YR
] h
4
YR,
y L'3.
5w
Responsible..
PoSition,
4
Enforcement of
A. Coordinate local complaints and
X
X
X
X
X
Planning
County Erosion and
building permits with the Buncombe
Director
Sediment control
County Erosion and Sediment
Program
Control Program staff.
The Town of Black Mountain will continue to rely on the Buncombe County Erosion and Sediment Control
Program to meet the requirements of this component of the Phase II Program. The Town recognizes that
sedimentation is the number one pollutant of stormwater in western North Carolina and has designated it
as our primary pollutant for our public education program and local initiatives for water quality along our
major streams.
The Town Planning Department (which includes zoning and building inspections) maintains a strong
working relationship with the County Erosion control Officer and keep him informed of potential violations
on building sites.
7.5 Post -Construction Storm Water Management in New Development and Redevelopment
# ,
'BMP "
i r , e
"Measurable Goals `" ' '
4
,
YR
31
~YR
:: t+1
2 _
'YR
t,
`.3
`YR
�4 'r•
rY '
R�'Re
, f
ponsibl
. s e
:tPosition• h.
5
Enforce a Post —
A. The Town of Black Mountain enforces
X
X
X
X
X
Planning
Construction
the model Post Construction
Director
Stormwater
Stormwater Discharge Ordinance that
Discharge
meets the requirements contained at
-
Ordinance
section 15A NCAC 2H.0126(10), Post
Construction Stormwater Management.-
B. Enforce a 30 foot separation between
X
X
X
X
X
built -upon areas and surface waters.
C. Require deed restrictions and
X
X
X
X
X
protective covenants to maintain the
facilities and restrictions.
D. Limit slope construction and encourage
LID and conservation design.
X
X
X
X
X
7.5.1 Non -Structural BMPs: Describe any non-structural BMPs in your program:
In addition to our Phase II ordinance that governs post -construction run=off, our new Land Use Code
effective March 14, 2010, provides additional regulations to limit development and disturbance on steep
slopes and to promote conservation subdivision design, directing disturbance to the least sensitive areas
of a site in accordance with LID principles.
The Land Use Code also revised the zoning map so that higher density residential develop is directed
along major corridors where there is storm sewer infrastructure and the land is more flat to promote infill,
while steeper areas and floodplains are protected by more restrictive and less dense zones.
The Town provides information and workshops to the development community and neighborhood
associations through our Planning Department.
Page 15
5WU-264-103102

NPDES RPE Stormwater Permit Application
7.5.2 Structural BMPs: Describe structural BMPs in your program:
The Post- ConstructionStormwater Discharge Rules contained in our Phase II Ordinance require
permanent, structural BMPs be in place prior to Certificates of Occupancy being issued for new
development or redevelopment, Examples of structural BMPs in new development and redevelopment
that the Town has seen since the Phase I Ordinance was adopted have included:
• Dry detention and wet detention ponds;
• Rain gardens and planted swales;
• Rain barrels and underground storage tanks that capture rain from roof tops for re -use in
landscaping;
• Use of vegetated open space in conjunction with a level spreader;
• French drains; and
• Vegetated and/or riprapped ditches in lieu of curb and gutter design in conjunction with
grassed swales, planted retention areas, or filter strips.
7.5.3 Regulatory Mechanism:
The Towns Land Development Regulations (Chapter 8 of our New Land Use Code) includes the Erosion
and slope Protection Ordinance, the Phase II Ordinance, and the Town's Landscaping requirements, as
well as the Towns Special Requirements for Conservation Subdivisions re attached.
7.5.3 Operation and Maintenance:
Structures placed as part of Phase II requirements shall be monitored periodically and on an annual basis.
The Town specifies within the Post Construction Discharge Ordinance that failure to properly operate and
maintain the required BMP's will be a violation of the ordinance, punishable by civil or criminal penalties.
7.5.4 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the existing
conditions in Black Mountain and our best judgment on the most effective method to achieve these goals.
As a result our program combines public initiatives for demonstration, education and involvement (see
3.1, 7.1 and 7.2) with a regulatory framework which enforces pre -and post construction requirements of
Phase II. Therefore, in our program the Town aspires to target both the professional development and
construction community as well as their clients and to create a line of accountability throughout the
permit process. So far the Town has been successful and Town staff will continue to strive for continued
improvement in our program.
Page 16
SW U-264-103102

NPDES RPE Stormwater Permit Application
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
#
AMP_.
Measurable Goals 4
YR
,YR`
:2
YR
� 3
`YR
r 4'
.YR
5. `
Responsible.
; Position-,'
6
Implementing a Municipal
A. The Town will develop and
X
X
X
X
X
Department
Operations Stormwater
adopt a Municipal
Heads and
Safeguard program that
Operations Stormwater
Town Manager
specifies Town operations to
Safeguard Program.
minimize stormwater pollution-
B. Train employees to prevent
X
X
X
X
X
and reduce stormwater
pollution.
C. Carry out good-
X
X
X
X
X
housekeeping policies for
Stormwater pollution
prevention and reduce
pollutant run-off, particularly
sediment, from municipal
sites.
7.6.1 Affected Operations: list municipal operations that are impacted by this operation and
maintenance program and include list of industrial facilities you own or operate subject to NPDES
Stormwater General Permits.
This pollution prevertion/good housekeeping program affects all municipal operations generally, and adds
responsibilities to the specific departments that maintain municipal vehicles, properties and streets:
Fire Department,
• Water Department,
• Street Department,
• Recreation and Parks Department, and
• Golf Course Operations Department.
The Town of Black Mountain does not own or operate transportation or transit service, a wastewater
treatment plant, landfill, recyclables processing center, mining operation, and airport or marina. The
Town of Black Mountain does not currently possess any general or industrial NPDES Permits.
7.6.2 Training:
The Town of Black Mountain staff are trained in maintenance activities which prevent pollution.
Additionally, the Town provides opportunities for continued training of staff as training opportunities arise.
The town Planning Director, for example received is a Certified Stormwater Reviewer from training
provided by NC State University.
7.6.3 Maintenance and Inspections; Describe maintenance activities, maintenance schedules,
and inspection procedures for controls to reduce fioatables and other pollutants to your MS4.
The Town regularly maintains streets and other facilities within the MS4 through regularly scheduled
street sweeping and maintenance as part of Black Mountain's Municipal Operations Stormwater Safeguard
program.
Page 17
5WU-264-103102

NPD>ES RPE Stormwater Permit Application
7.6.4 Vehicular Operations:
The Town of Black Mountain's fleet consists of emergency service vehicles, maintenance trucks, dump
trucks, and 2 vans. Most vehicle maintenance services are provided by local motor vehicle service
stations, mechanics and tire shops. The public works department and fire department do minor repairs,
oil changes, and day to day maintenance on vehicles within their indoor facilities where good
housekeeping practices are managed.
7.6.5 Waste Disposal:
The Town implements procedures for appropriate disposal of waste removal from the MS4 and maintains
a contract with GDS, Inc. for proper tipping of waste collected within the Buncombe County Solid Waste
Service.
7.6.6 Flood Management Projects:
The Town of Black Mountain is a participant in the regional Swannanoa Flood Mitigation Strategy
currently being funded by North Carolina Senate Bill 7 funding in partnership with Buncombe County and
the City of Asheville. This program is working to implement flood mitigation and safety strategies
throughout the Swarnanoa Watershed through the following initiatives:
Public dam safety evaluations and emergency action planning;
• Additional rain gauges to monitor rain fall and water levels as part of a regional warning
system; and
• Pursuit of conservation areas and property buy-out within the floodplain.
This project is still in development and has had support from both the Army Corps of Engineers and NC
Division of Emergency Management,
7.6.7 Existing ordinances:
The Town of Black Mountain has updated its zoning ordinance through an extensive public process that
involved Town Committees, public workshops, the Planning Board and staff and the Town Board of
Aldermen. The Land Use Code is subject to continual review and revision including those provisions
related to water quality issues and pollution.
7.6.8 Other evaluations:
Through the Stormwater Master Plan, the Town's stormwater infrastructure was evaluated and areas of
improvement were identified for future funding.
7.6.9 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the existing
conditions in Black Mountain and our best judgment on the most effective method to achieve these goals.
7.6.10 Evaluation:
The Town evaluates staff and policy performance through annual staff evaluations for all employees,
supervisors and Department Heads. In addition the Town has pursued and will continue to pursue the
evaluation measures listed in the following table for our Phase II Program.
Page 1B
SWU-264-103102

NPDES RPE Stormwater Permit Application
MASTER BMP'S AND GOALS TABLE
Black Mountain N.C.
7.1 BMP's and Measurable Goals for Public Education and Outreach
#'
BMP
•Measura_ ble,Goals
YR
YW
2
YR;
,YR
YR
5
Responsible
Position .
1
Implement
-At least 5 Workshops conducted for developers
X
X
X
X
X
Planning
Education Plan
and contractors over the course of a 5 year
Director
period.
-Continued distribution of Stormwater brochures
X
X
X
X
X
and information via the Town's permitting
office.
-Installation of interpretive signage at
X
X
X
X
X
demonstration areas and Town facilities,
-Storm drain information on all new or replaced
X
X
X
X
X
stormdrains.
7.2 BMP's and Measurable Goals for Public Involvement and Education
#'
BMP,,: }'
Measurable Goals
4;
.YR -,I,
•l.t;;'2
YR;
'
f
YR
'31-
YR
4.
'YR
S
Responsible
Position
1
Involve Public in all
-Implementation of Phase II Regulations
X
X
X
X
X
Planning
permit and regulatory
through Town Planning Department and
Director
development
Planning Board.
-Use of volunteers for at least 5 stream
X
X
X
X
X
clean ups or stream improvement
projects during 5 year permit period.
- Hold public hearings for any
X
X
X
X
X
amendments or reviews to local rules.
7.3 BMP's and Measurable Goals for Illicit Discharge Detection and Elimination
#.:
BMP
'Measurable,Goals r t
1YR,'
YR,
YR�
YR;
IaYRW'
.5:'
r Responsible,;,
4,Position'; ..i,.
1
Implement and enforce
-The Town maintains a map of
X
X
X
X
X
Planning Director
and Illicit Discharge
outfall locations of the MS4 system
Ordinance
into local receiving streams
Public Works and
-The MS4 is inspected periodically for
X
X
X
X
X
Parks Directors
illicit discharges.
Planning Director
-Complaints of illicit discharges are
investigated by the Planning
X
X
X
X
X
Department.
7.4 BMP's and Measurable Goals for Construction Site Stormwater Runoff Control
#
BMP .
-Measurable Goals ' ".
° YR :.'YR`
1`•
. 2
_4YR'.
13
YR
:4
l:;YR
5
'Responsible:
Position .
4
Enforcement of County
-Coordinate local complaints and
X
X
X
X
X
Planning
Erosion and Sediment
building permits with the Buncombe
Director
control Program
County Erosion and Sediment Control
Program staff.
Page 19
SWU-264-103102

NPDES RPE Stormwater Permit Application
7.5 BMP's and Measurable Goals for Post -Construction Stormwater Management in New
Development and Redevelopment
J
Measu'rable
_Y_
'V
T R.'
-,YR_4
�:k6pbrisibI64,
'Yositiow', j.r'
5
Enforce a Post —
A. The Town of Black Mountain will
X
X
X
X
X
Planning
Construction
continue to enforce the model Post
Director
Stormwater
Construction Stormwater Discharge
Discharge
Ordinance that meets the requirements
Ordinance
contained at section 15A NCAC
2H,0126(10), Post Construction
Stormwater Management.
B. Enforce a 30 foot separation between
x
x
x
x
x
built -upon areas and surface waters.
C. Require deed restrictions and protective
X
x
x
x
x
covenants to maintain the facilities and
restrictions.
D. Limit slope construction and encourage
LID and conservation design.
x
x
x
x
x
7.6 BMP's and Measurable Goals for Pollution Prevention and Good Housekeeping for
Municipal Operations
,.BMP
�Medsurable'Goals,
1�7
R'�
Y
�R
6
Implementing a Municipal
D. The Town implements a
X
X
X
X
X
Department
Operations Stormwater
Municipal Operations
pleads and
Safeguard program that
Stormwater Safeguard
Town Manager
specifies Town operations to
Program.
minimize stormwater pollution.
E. Train employees in all
x
x
x
x
x
Departments to prevent and
reduce stormwater pollution.
F. Carry out good-
x
x
x
x
x
housekeeping policies for
stormwater pollution
prevention and reduce
pollutant run-off, particularly
sediment, from municipal
sites.
Page 20
5WU-264-103102

CHAPTER 8:
LAND DEVELOPMENT AND
ENVIRONMENTAL REGULATIONS
Section Page
8.1 Erosion Prevention and Slope Protection ................................................ 8-2
8.2 Phase I I Stormwater Ordinance........................................................... 8-8
8.3 Landscaping Requirements................................................................ 8-30
8-1
Town of Black Mountain Land Use Code

CHAPTER 8: LANU DEVELOPME+'NT & ENVIRONMENTAL REGULATIONS
Section 8.1 Erosion Prevention and Slope Protection Ordinance
Sec 8.1.1 Purpose
The purpose of this Ordinance is to protect, maintain and enhance the environment of the Town of Black
Mountain and the health, safety and public welfare of its citizens by establishing minimum requirements
concerning land disturbance and to control the potential adverse effects of erosion and sedimentation.
Sec 8.1.2 Applicability
A. 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 projects within the Town of Black Mountain's jurisdiction.
B. Grading permits shall be required whenever 5,000 square feet or more of land is disturbed. The
addition of impervious surface of 5,000 square feet or more or of a cumulative land disturbance of
land of 12,000 square feet or more shall also require a Town Stormwater Permit.
C. Grading shall mean any manipulation of the ground forms including, but not limited to cutting of
trees with excavation of stumps or any other earth -disturbing activities; provided, (a) that installation
of utilities in an area with a topographical change of not more than five percent where the area
disturbed is not wider than18 inches (including ditch and spill areas); and (b) that creation of storm -
water drainage and erosion control ditches except when the ditch is located in an existing natural
drainage channel and the only improvement is the lining of the channel with rock, shall not be
considered grading.
D. For any area designated as a "steep slope", land disturbance shall mean any use of, or operations on,
the land by any person in residential, industrial, educational, institutional, or commercial
development, highway and road construction and maintenance that results in a change in the natural
cover or topography and that may cause or contribute to sedimentation. However, the cutting of
scattered individual trees, the removal of fallen trees and the removal of undesirable noci-native or
invasive vines, shrubs and plants will be allowed.
E. Any grading or other land disturbing activity within the floodplain shall be reviewed by the f oodplain
administrator to determine applicability of ioodplain regulations and associated permits.
Sec 8.1.3 Cut and Fill Slopes
A. Property being developed within the Town of Black Mountain shall not exceed the following
specifications for cut and fill:
1. Cut slopes shall not exceed a ratio of greater than 1:1 (horizontal distance to vertical distance,
or a 45 degree slope angle, or 100% grade); and
2. Fill slopes shall not exceed a ratio of greater than 1.5:1 (horizontal distance to vertical
distance, or it 33 degree slope angle, or 66% grade).
B. Roads exceeding 15% grade and proposed for dedication to the Town as public streets shall include
roadway design and engineering with benching or other stabilization techniques as part of the site
plan and shall include a 'Town maintenance easement to the toe of the slope.
8-2
Toivtr of Black Mountain Land Use Code (version 07_09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
C. All cut and fill slopes shall be hydro -seeded or landscaped within 30 days of achievement of final
grade and all temporary roads and slopes shall not be left exposed for more than a 45 day period.
D. Retaining Walls greater than five (5) feet in height must be designed and sealed by an engineer and
approved by the Town's Building Inspector.
Notes on Slone:
Slope is the measurement of"rise" in vertical distance in relation to horizontal distance, or "run."
Slope ratio is expressed as horizontal distance (to): vertical distance
% slope is calculated as: Vertical Distance X 100
Horizontal Distance
1:1 slope (or 45 degree slope angle) = 100%
1.5:1 slope (or 33 degree slope angle) = 66% slope*
2:1 slope (or 26.6 degree slope angle) = 50% slope
3:1 slope (or 18 degree slope angle) = 33.5% slope
4:1 slope (or 14 degree slope angle) = 25%
6.5:1 slope (or 8.7 degree slope angle) = 15% slope
Without using more advanced stabilization techniques, the maximum slope to be
considered for vegetative stabilization is 1.5: 1.
Table 8.1.03
Sec 8.1.4 Sedimentation and Erosion Control
A. Any land disturbance permitted under Buncombe County's Soil Erosion and Sedimentation Control
Office trust be documented before any grading activity may take place. Buncombe County enforces
the State "Sedimentation Pollution Control Act of 1973" for the Town of Black Mountain and
regulates certain land disturbing activities for the purpose of controlling accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes, water courses and
other public and private property by sedimentation.
13. Land disturbing activity or grading in connection with development or redevelopment on a site that
requires a building permit, and that does not fall under the Sedimentation and Pollution Control Act
of 1973, such as that under one acre of land, shall comply with the following requirements:
1. A written or graphic concept plan of the proposed soil and sedimentation controls during
construction shall be submitted with the grading permit. Concept plan shall include
identification of areas of land disturbance within the site and the location of proposed
temporary and permanent soil erosion and sedimentation control measures designed to retain
sediment on -site.
8-3
Town of Black Mountain Land Use Code (version 07 09)

CIIAP'n'siz 8: LAND DEVELOPMENT & ENVIRONMENTAL. REGULATIONS
2. Land disturbing activity shall not take place within twenty-five feet of a stream or otherwise
result in a violation of'rules adopted by the State Environmental Management Commission to
protect riparian buffers along State surface waters. In accordance with State and local
stormwater management regulations, no built -upon area shall be within 30' of a stream.
3. Land disturbing activity shall not result in a violation of any local ordinance including but not
limited to zoning district requirements and floodplain regulations.
4. hrosion control measures in compliance with the approved plan and building permit shall be
in place before construction may begin. hailure to comply will result in a stop work order.
5. Any required permanent erosion control measures or landscaping shall be in place before
grading permit is issued or shall be bonded at l 25% of the estimated cost for implementation
of the landscaping plan. Measures and landscaping shall be in place within 45 days of final
grade.
Sec 8.1.05 Designation of Steep Slopes and Hillside Requirements
A. Steep slope and'hillside regulations apply to any subdivision or development that meets the following
criteria:
A development or redevelopment project or subdivision located on a parcel greater than one (1)
acre and in which the average of the natural slope for the entire parcel is 16% or greater, or
A development or redevelopment project or subdivision of a parcel less than one (1) acre in
which the average natural slope of 25% or greater, or
3. A development or redevelopment project or subdivision, where 50% or more of the subdivision
lies at or above elevations of 2,600 feet above mean sca level or greater.
E. Any portion of the lot, parcel, or tract of land which has been approved by the planning department or
planning board as a minor or major subdivision or Special Use Permit prior to the adoption of this
section, or developed prior to the adoption of this section, shall not be included within the definition
of a hillside area if no further development is proposed within that portion of the lot, parcel, or tract of'
land. Subsequent phases of, or additions to, a minor or major subdivision or Special Use Permit, as
well as approved subdivision projects where the site plan has been changed, or approved subdivisions
where the lot design has changed, shall indicate the proposed contours, limit and area of grading, and
percentage of the site to be graded and shall comply with the requirements of these regulations.
C. Slope calculations shall use the smallest contour interval for which maps are available or at a
minimum of 5' intervals, and shall be determined based on the tract to be subdivided, irrespective of
proposed subdivision boundaries if part of a minor or major subdivision. The average slope is
calculated using the following formula:
Where:
S%=0.0023xIxL
A
S = Average natural slope of parcel or lot in percent
I = Contour interval of map in feet, with contour intervals to be five feet or less
L = Total length of the contour lines within the parcel or lot in feet
A = Area of the parcel or lot in acres
0.0023 = Constant which converts square feet into acres
S-4
Town of I31ack Mountain Land Use Code (version 07.09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
Property owners may submit an alternate method of slope calculation for consideration based on
the peculiarities of the site and prepared by a member of the American Society of Landscape
Architects (ASLA), Professional Engineer (P.E.), Professional Land Surveyor or be a qualified
environmental scientist. These methods may include, but are not limited to, weighted average,
slope mapping, or other field -based techniques, etc,
Once "S" or the average natural percent slope of the tract is calculated, it shall be rounded off to
the nearest whole number on the density and lot size table, as set forth hereinafter, which shall be
used to determine the maximum number of lots or units allowed.
D. In addition to the application requirements submitted for review, proposed projects which meet the
standards of the hillside area definition must include the following information:
1 . Average natural slope calculations which include the average natural slope in percent, contour
intervals of five feet or less, individual and total length of contour lines in feet and area of the
parcel in acres;
2. Subdivision for the purpose of conservation in perpetuity may allow developers to subtract
areas for conservation from the total acreage used to calculate average slope of the original lot.
3. Areas exceeding 16% slope shall be indicated on all site plans, development plans, preliminary
plats, and special use permit plan applications.
4. Soils maps shall be submitted if available from the natural resource conservation service
(NRCS) and deposits of known colluvial soils shall be located on the site plan.
Consultation with a geotechnical engineer shall be required for road, driveway, or home
construction in areas of a tract in excess of 48' 336 percent natural slope and an investigation
for colluvial deposits shall be made. Recommendations of the geotcehnical engineer shall be
submitted with the application for review by staff or by the Planning Board if part of a major
subdivision or Special Use Permit application.
6. Flomcsites on a 40 36 percent or greater slope shall include a Global stability analysis with the
Building Permit.
Homesites on a 25% or greater slope must conform to the following density table in addition to
the minimurn zoning requirements. Conservation Subdivision Plans shall be allowed twice the
density permitted per acre under the Density Table for Steep Slopes in the Erosion Prevention
;Ind Slope Protection Ordinance (applicable to lots of 25% slope or greater) and shall be
exempt from the minimum lot size. Under no circumstances however shall the nct density of a
Conservation Subdivision exceed the density for the district in which it is located.
8. Wherever the minimum lot size for the district and the Density Table are in conflict, the
regulation of the greatest lot size shall apply:
8-5
7'own of Black Mountain Land Use Code (version 07 09)

CHAPTER 8: LAND DEVELOPMENT & ENVII20NMLN'I'AL REGULATIONS
DENSITY TABLE FOR STEEP SLOPES (8.1.05)
SLOPE %
UNITS PER ACRE
MINIMUM LOT IN ACRLS
25
1.250
0.80
26
1.064
0.94
27
0.926
1.08
28
0.820
1.22
29
0.735
1.36
30
0.667
1.5
31
0.625
1.6
32
0.588
1.7
33
0.556
1.8
34
0.526
1.9
35
0.500
2.0
36
0.476
2.1
37
0.455
2.2
38
0.435
2.3
39
0.417
2.4
40
0.400
2.5
41
0.385
2.6
42
0.370
2.7
43
0.357
2.8
44
0.345
2.9
45
0.333
3.0
46
0.323
3.1
47
0.313
3.2
48
0.303.
3.3
49
0.294
3.4
50
0.286
3.5
51
0.278
3.6
52
0.270
3.7
53
0.263
3.8
54
0.256
39
55
0.250
4.0
56
0.217
4.6
8-6
Town of Black Mountain Land Use Code (version 07 09)

CHAPTER 8: LAND DFwCLOPMLNT & ENVIRONMENTAi, REGULATIONS
57
0.192
5.2
58
0.172
5.8
59
0.156
6.4
60
0.143
7.0
61
0.132
7.6
62
0.122
8.2
63
0.114
8.8
64
0.106
9.4
65
0:100
10
Development and subdivision plans shall be designed to minimize disturbance to the natural
landform and demonstrate terrain -adaptive design and construction techniques. Extensive
grading shall he avoided and Low Impact. Development. ("LIM) techniques which meet the
Town's Stormwater requirements are required.
10. On any tract greater than one (1) acre proposed for subdivision or construction, no more than
50% of the tract shall be graded or disturbed.
11. Streets, right-of-ways, pedestrian facilities and setbacks shall be designed to minimize impact
on steep slope areas of the particular site without compromising the Town's ability to provide
connectivity, street maintenance, waste management, or fire protection, and must be designed
to the approval of the Town's Fire Marshall and Public Works Director. Street standards may
be allowed a staff variance of up to 20% (up to 8 feet variation on right-of-way requirements,
and up to 4.8 feet variation on total travel surface requirements), based on topography, traffic
and public safety needs. Subdivisions complying with the Conservation Subdivision Plan
requirements (Chapter 13) do not have to meet the setback requirements for the Zoning
District. However, the location and lay -out of streets, lots buildings, and pedestrian facilities
should minimize environmental impact
12. All major subdivisions meeting steep slope and hillside criteria and of 10 acres or more must
adhere to the Conservation Subdivision Plan guidelines in Chapter 7.
13. All structures built above 2,600 feet in elevation shall be constructed so as to minimize the
structure's visual impact from the valley with the application of muted colors or the use of
natural materials that do not stand out in a wooded setting (such as wood, clabbered or stone
siding)
14. Issuance of land disturbing permit. No land disturbing permit shall be issued for a site plan
review or a subdivision review which meets the standards set forth in the definition of hillside
area until the site plan review and subdivision plat review have been completed.
71iis Replaces Section 158.
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CHArrEEt 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
Chanter 8.2: The Phase li Stormwater Ordinance
See.8.2.1 Purpose.
The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing requirements and procedures to control the
adverse effects of increased post -development stonnwater runoff and nonpoint and point source
pollution associated with new development and redevelopment as well as illicit discharges into
municipal stonnwater systems. Proper management of construction -related and post
development stormwater runoff will prevent surface water quality degradation to the extent
practicable in the streams and lakes within Town jurisdiction.
This ordinance seeks to meet the requirements of the Town's National Pollutant Discharge
Elimination System (NPDES) Pen -nit and its general purposes through:
1. Establishing decision -making processes for development that protects the integrity of'
watersheds and preserve the health of water resources;
2. Requiring new development and redevelopment maintain the pre -development
hydrologic response in their past -development state as nearly as practicable 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 stonnwater BMPs to meet post -development stonnwater management
standards;
5. Encouraging the use of better management and site design practices, such as the use
of vegetated conveyances for stonnwater and the preservation of greenspace and
other conservation areas to the maximum extent practicable;
6. Establishing provisions for the long -teen responsibility for and maintenance of
structural and nonstructural stonnwater BMPs to ensure that they continue to function
as designed, are maintained appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects,
and to assure appropriate long-term maintenance;
8. Coordinating site design plans that include open space and natural areas with the
Town of Black Mountain's goals for the protection of open space and natural areas;
9. Controlling illicit discharges into the municipal separate stonnwater system; and
10. Controlling erosion and sedimentation from construction activities.
8-8
Town of Black Mountain Land Use Code (i,ersion 07_09)

CHAPTER 8: LAN❑ ❑EVELOPMENT & ENVIRONMENTAL (REGULATIONS
Sec 8.2.2 Applicability and Jurisdiction
Beginning with and subsequent to its effective date, this ordinance shall be applicable to all
development and redevelopment which results in a cumulative disturbance of 12,000 square feet
(0.275 acre) of land or which increases impervious surface area by a net amount of 5,000 square
feet of more if said project is less than or equal to one acre in disturbance. No development or
redevelopment shall occur within the Town of Black Mountain's jurisdiction except in
compliance with the provisions of this ordinance. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and
limitations of the permit.
A. Exemptions.
Any redevelopment as defined in this ordinance.
2. Any development that cumulatively results in an increase of less than 5,000 square feet
of built upon area and that cumulatively disturbs less than 12,000 square feet.
3. Development that disturbs less than 12,000 square feet is not exempt if such activities
result in a net increase of 5,000 square feet or more of built upon area or if such
activities are part of a larger common plan of development or sale, including a
subdivision, Planned Unit Development, Unified Housing Development, or
development resulting in four or more parcels, dwellings or commercial units, even
though multiple, separate or distinct activities take place at different times on different
schedules.
4. Development activities that are within the Town's designated Historic District within
the C-1 District and which cumulatively disturb less than one acre are exempt from this
ordinance.
5. Activities that are exempt from permit requirements of Section 404 of the Federal
Clean Water Act, as specified in 40 CFR 232 (primarily, ongoing fanning and forestry
activities) are exempt from the provisions of this ordinance.
6. Jurisdiction. The provisions of this ordinance shall apply within all planning and
zoning jurisdictions of the Town of Black Mountain, including its extra -territorial
jurisdiction. 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. This ordinance does not affect tine legal requirements to obtain other
permits which may be required by the Division of Water Quality, the Division of Land
Resources, the local Flood Hazard Prevention Ordinance, Zoning or Building Permits
or any other State, Federal or local government pen -nit that may be required.
B. Map. The Planning Department shall develop and maintain a Storm Sewer System Base
Map ("the Stormwater Map") of stonnwater drainage systenn components including outfalls,
BMP locations, drainage areas and receiving streams in accordance with the Town's NPDES
permit. The Stormwater Map shall be updated to take into account changes in the land area
covered by this ordinance and the location of BMI's permitted under this ordinance.
8-9
Town of Black Momilain Land Use Code (version 07_09)

CIIAP,r1alz 8: LAND U1 vm.,OPMI;NT & ENVIRONMENTAL REGULATIONS
Sec 8.2.3 Interpretation and Definitions.
A. Meaning and Intent. If a different or more specific meaning is given for a tern defined
elsewhere in the Town of Black Mountain's Land Use Code, the meaning and application of
the term in this ordinance shall control for purposes of application of this ordinance.
B. Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the
text of this ordinance and any heading, caption, figure, illustration, table, or reap, the text
shall control.
C. Authority for Interpretation. The Stormwater Administrator or his/her designecc has
authority to determine the interpretation of this ordinance. Any person may request an
interpretation by submitting a written request to the Administrator who shall respond in
writing within 30 days. The Stonnwater Administrator shall keep on file a record of all
written interpretations of this ordinance.
D. References to Statutes, Regulations, and Documents. Whenever reference is made to a
resolution, ordinance, statute, regulation, manual or document, it shall be construed as a
reference to the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
E. Word Usage.
1. The term "Town" shall herein refer to the Town of Black Mountain.
2. The term "Department" shall herein refer to the NC Department of Environment and
Natural Resources.
3. The tenn "Division" shall herein refer to the NC Division of Water Quality,
4. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot
or site.
G. When used in this Ordinance, the following words and terms shall have the meaning set Forth
in this section, unless other provisions of this Ordinance specifically indicate otherwise.
I3uilt-upon area (13UA): That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving
material to the extent that the paving material absorbs water or allows water to infiltrate.
Best Management Practices," or "13MPs": control urban storm water runoff and can include "structural
BM Ps" such as infiltration devices, ponds, filters and constructed wetlands; and "non-structural BM Ps
such as maintenance practices, street sweeping, public education and outreach programs.
Design Manual: " The storrnwater design manual approved for use in Phase II jurisdictions by the North
Carolina Division of Water Quality. The rlevign manual includes a local appendix of recommendations
for BA4P :v that any property owner could utilize to help in monaging stormwaler. All references herein
to the Design Manual arc to the latest published edition or revision.
8-10
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CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL RE(;ULATIONS
Development: Any land disturbing activity that increases the amount of built upon area or that otherwise
decreases the infiltration of precipitation into the soil.
high -density project: Any project that exceeds the low density threshold for dwelling units per acre
(two dwelling units per acre) or built -upon area (24%).
Larger common plan of development or sale: Any area where multiple separate and distinct
construction or land disturbing activities will occur under one plan. A plan is any announcement or piece
of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or physical
demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low -density project: A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development.
1-year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity expected to
be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner: The legal or beneficial owner of land or business, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long -tern or commercial lessee, or any other person
or entity holding proprietary rights in the property or having legal power of management and control of
the property. "Owner' shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property. A secured lender not in possession of the property does not constitute an
owner, unless the secured lender is included within the meaning of "owner" under another description in
this definition, such as a management entity.
Redevelopment: Any land disturbing activity that does not result in a net increase in built -upon area and
that provides greater or equal stormwater control than the previous development.
Structural I3MP: A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff, to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre -development hydrology on a developed site; or to achieve any combination of these
goals. Structural 13MP includes physical practices such as constructed wetlands, vegetative practices,
filter strips, grassed swales, and other methods installed or created on real property. "Structural I3MP" is
synonymous with "structural practice", "stormwater control facility," "stormwater control practice,"
"stormwater treatment practice," "stormwater management practice," "stormwater control measures,"
"structural stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress: For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous
basis and not discontinued for more than thirty (30) days; or installation of on -site infrastructure; or
obtaining a building permit for the construction and approval of a building foundation. "Substantial
progress" for purposes of determining whether an approved plan is null and void is not necessarily the
same as "substantial expenditures" used for determining vested rights pursuant to applicable law.
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CHAPTER 8: LAND DEVELOPMENT & E+ NVIRONML+'NTAL REGULATIONS
Sec 8.2.4 Design Manual
A. The Planning Director or Ilislher designee shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual as the basis for
decisions about stormwater pen -nits and about the design, implementation and performance
of structural and non-structural stormwater BMPs.
B. The 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 siring criteria will
be presumed to meet the minimum water quality performance standards of the Phase 11 laws.
If the specifications or guidelines of the Design Manual are more restrictive or apply a higher
standard than other laws or regulations, that fact shall not prevent application of the
specifications in the Design Manual.
C. Changes to Standards and Specifications. If the standards, specifications, guidelines,
policies, criteria, or other information in the Design Manual are amended subsequent to the
submittal of an application for approval pursuant to this ordinance but prior to approval, the
new information shall control and shall be utilized in reviewing the application and in
implementing this ordinance with regard to the application.
D. The local appendix to the Design Manual shall provide a selection of low cost BMPs for
controlling; stormwater on -site as part of development or redevelopment that is exempt from
this ordinance for public reference as all property owners are encouraged to implement some
form of run-off controls.
Sec 8.2.5 Private Agreements
This ordinance is not intended to revoke or repeal any casement, covenant, or other private
agreement. However, where the regulations of this ordinance are more restrictive or impose
higher standards or requirements than such casement, covenant, or other private agreement, then
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 the Town be obligated to enforce the
provisions of any easements, covenants, or agreements between private parties.
Sec 8.2.6 Severability
If 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.
See 8.2.7 Effective Date and Transitional Provisions
This Ordinance shall take effect on July 1, 2007. All development and redevelopment projects
for which complete and full applications were submitted and approved by the 'Town of Black
Mountain, or for which conditional use permits have been issued, prior to the effective date of
8-12
Toioi of Black Mountain Land Use Code (version 07 09)

CHAPTI'R 8: LAND DEVELOPMENT & ENVIRONMENTAL RCCULATIONS
this ordinance shall be exempt from complying with provisions of this ordinance dealing with the
control and/or management of post -construction runoff, but shall be required to comply with all
other applicable provisions.
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.
Sec 8.2.8 Stormwater Administrator
A. The Planning Director shall serve as the Stormwater Administrator or designate someone
by assignment or contract as the Stormwater Administrator.
B. Powers and Duties. The Stormwater Administrator shall have the following powers and
duties under this ordinance to:
l . Review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this ordinance;
2. Make determinations and render interpretations of this ordinance;
3. Establish application requirements and schedules for submittal and review of applications
and appeals, to review and make recommendations to the Planning Board and/or Zoning;
Board of Adjustment on applications for development or redevelopment approvals;
d. Enforce the provisions of this ordinance in accordance with its enforcement provisions;
5. Maintain records, maps, and official materials as relate to the adoption, amendment,
enforcement, or administration of this ordinance;
6. Provide expertise and technical assistance upon request;
7. Designate appropriate other person(s) who shall carry out the, powers and duties of the
Stonnwater Administrator; and
8. Take any other action necessary to administer the provisions of this ordinance.
Sec 8.2.9 Review Procedures
A. Permit Required; Must Apply for a Permit. A stormwater permit is required for all
development and redevelopment unless exempt pursuant to this ordinance. A permit may
only be issued subsequent to a properly submitted and reviewed permit application, pursuant
to this section.
B. Effect of Permit. A stormwater permit shall govern the design, installation, and construction
of stonnwater management and control practices on the site, including; structural BMPs and
elements of site design for stonnwater 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
8-13
7'om,ii of Black Mounlaiii Land Use Code (version 07 09)

CIIAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL 1211GU1,ATIONS
redevelopment site consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -density design.
C. The permit does not continue in existence indefinitely after the completion of the project;
rather, compliance after project construction is assured by the maintenance provisions of this
ordinance'and requires an annual submission of a maintenance inspection report on each
structural BMP, conducted by a qualified professional.
D. 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 along with the building permit and zoning permit applications.
f . Fees and submission. The Town of Black Mountain Board of Aldermen shall establish a fec
schedule and stormwater review policy which may be amended and updated at the Board's
direction.
F. Applications must be complete and submitted to the Planning Department along with the
appropriate fee established pursuant to this section. If the Stonrwater 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. 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 technical review of the preliminary plan of a
subdivision, special use or other early step in the development process.
G. The Stormwater Administrator shall review the application and make a determination
whether the application complies with the standards of this ordinance and try to provide this
review within fifteen (15) working days. Failure to receive a response from the Stormwater
Administrator within a fifteen (15) day period however does not imply approval of the
permit, and applicants are encouraged to contact the Planning Department if they have not
received a response after the 15-day target period.
1. Approval. If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stornwater Administrator shall approve the application.
The Stormwater Administrator may impose conditions of approval as needed to ensure
compliance with this ordinance. The conditions shall be included as part of the approval.
2. Fails to Comply. If the Stormwater Administrator finds that the application fails to
comply with the standards of this ordinance, the Stormwater Administrator shall notify
the applicant and shall indicate how the application falls to comply. The applicant shall
have an opportunity to submit a revised application.
3. Revision and Subsequent Review. A complete revised application shall be reviewed by
the Stonnwatcr Administrator after its re -submittal and shall be approved, approved with
conditions or disapproved. One re -submittal of a revised application may be submitted
without payment of an additional permit review fee.
8-14
7moi of Black Mountain Land Use Code (version 07_09)

C[IAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL, REGULATIONS
4. If a revised application is not re -submitted within thirty (30) working 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.
H. The stormwater pen -nit application shall describe in detail how post -development stormwater
run-off will be controlled and managed, the design of all stormwater facilities and practices,
and how the proposed project will meet the requirements of this ordinance. The following
information should also be included in the submittal.
1. Existing Conditions / Proposed Site flans. 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 (when
available); boundaries of existing predominant vegetation and proposed limits of clearing
and grading; and location of existing and proposed roads, buildings, parking areas and
other impervious surfaces.
2. Natural Resources Inventory. A written or graphic inventory of the 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 covet-, 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.
3. Storrnwater Management System flan. 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 proposed stream
channel modifications, such as bridge or culvert crossings.
4. All stonmwater management plans relating to subdivisions or development or
redevelopment plans on lots equal to or greater than one acre or on lots less than an acre
which are part of a larger common plan of development or sale, including a subdivision,
Planned Unit Development, or other Special Use shall be prepared by a qualified
registered North Carolina professional engineer, environmental scientist or landscape
architect, and the consulting professional shall perform services only in their area of
competence, and shall verify that the designs of all stormwater management facilities and
practices meets the submittal requirements for complete applications, and that the designs
and plans are sufficient to comply with this ordinance.
As -Built Plans and Final Approval. Upon completion of a project, and before a certificate of
Occupancy shall be granted, the applicant shall certify that the completed project is in
accordance with the approved stormwater management plans and designs, and shall submit
aCtual "as built" plans for all slonnwatcr management facilities or practices after final
construction is completed.
8-15
I omvn of Black Mountain Land Use Code (version 07 09)

CIIAP-TER 8: LAND DEVELOPMENT & ENVIRONMENTAL RE, GULATIONS
I. The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of all
pleasures, controls, and devices, as installed.
2. The designer of the stormwater management measures and plans shall certify, under seal,
that the as -built stormwater measures, controls, and devices are in compliance with the
approved stormwater management plans and designs and with the requirements of this
ordinance.
3. A final inspection and approval by the Stormwater Administrator shall occur before the
release of any perfonnance securities or a Certificate of Occupancy is issued.
4. Approval authorizes the applicant to go forward with only the specific plans and activity
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.
J. 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.
K. Right of Appeal. Any aggrieved person affected by,any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance and made by the
acting Stornwater Administrator may file an appeal to the Planning Department for a hearing
by the Zoning Board of Adjustment within 30 days of the determination of the application per
their procedures. Every decision of the Zoning Board of Adjustment shall be subject to
Superior Court review by proceedings in the nature of certiorari. Petition for review by the
Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the
Zoning Board of Adjustment Hearing.
Sec. 8.2.10 General Standards.
Until such time as a comprehensive watershed management plan for the Swannanoa Basin is
developed, the following guidelines apply.
A. All built -upon area shall be at a minimum of 30 feet landward on all sides of any surface
water as measured horizontally on a line perpendicular to a vertical line marking the edge of
the top of the bank. A perennial or intermittent surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by
the Natural Resources Conservation Service of the United States Department of Agriculture
or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to this requirement
may be allowed when surface waters are not present in accordance with the provisions of
15A NCAC 2B .0233 (3)(a) or similar site -specific detenmination made using Division of
Water Quality -approved methodology.
8-16
Town of BlackMounrtain Land Use Code (version 07_09)

CHAPTER 8: LAND Wwr ,ormENT & ENVIRONMENTAL REGULATIONS
B. Encroachment allowance for access within 30' buffer requirements (See also 4.3.2)
Lots which include or are adjacent to perennial or intennittent surface waters as indicated on
the most recent version of the 1:24,000 scale quadrangle topographic maps prepared by the
USGS are subject to a 30' setback from the top of the bank of that surface water in
accordance with Phase 11 Stormwater Regulations. Pre-existing lots and those areas
identified in adopted master plans are allowed a m1ninli.lm CnC1'01Ch111Cnt into the 30' buffer
for the purpose oftransport ation and access if the following criteria are met:
1. It is for the purpose of vehicle or non -motorized transportation and access only, such as
trails, greenways, walkways, driveways, alleyways or access roads. Residential,
accessory or commercial structures are not included in this encroachment allowance.
2. Utility structures that follow the right of way for the access are only allowed within the
roadway or bridge structural footprint.
3. It is the minimum encroachment necessary for access of the property, or is part of a trail,
sidewalk or street alignment included on the Town's pedestrian master plan, greenway
plan or transportation plan or other approved master plan.
4. The encroachment area does not exceed more than 10% of the total land area within the
required buffer area, or 20' of width, ,,.1,iehe5. "1- and s11a11 never exceed more
than 100' of linear disturbance for 1,000' of linear stream.
5. Provides the minimum area of disturbance needed for access and includes mitigation of
stream and stream bank disturbance as part of the design.
b. EnCrOaCh111C11tS Which Include stream crossings Should be designed so that crossing is
perpendicular to the stream ocriterline t0 the maxi111u111 extent practicable.
7. Encroachments which are parallel to the watercourse should be designed to incorporate
the maximum buffer practicable and still allow the necessary encroachment. Additional
stormwater management techniques to slow and filtrate run-off shall be included between
the disturbed area and the waterway.
Any encroachment into the required surface water buffer setback which exceeds this
allowance shall require a variance from the Zoning Board of Adjustment.
C. All other projects which are not exempt from this ordinance must submit a stormwater
management plan in order to receive a permit.
D. 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, or
designated space on an approved preliminary plat or master plan* to ensure that future
development and redevelopment maintains the site consistent with the approved project
plans.
I1 When a Stormwater BMP or management system is established under the control of a
neighborhood association or other private entity, the developer shall develop and provide an
operations and maintenance manual on the BMP to the entity as well as to the Town of Black
Mountain Planning Department for fiiture reference.
8-17
Town or Black Mountain Land U.ce Code Oersioll 07_09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
F. All development and redevelopment projects which cumulatively disturb more than 12,000
square feet or which are a part of a larger plan shall implement stormwater control measures
that comply with the following standards:
Project sites must employ Low Impact Development (LID) practices to analyze the
infiltration capacity and natural drainages of the site and develop a system of controls
which mimic the existing natural hydrology and which cumulatively capture and treat the
runoff from the first inch of rainfall. LID practices may include any combination of site
design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain
runoff on the site to more closely replicate pre -development runoff thereby limiting the
increase in pollutant loads caused by development.
2. Wherever LID practices are not achievable, or have not been demonstrated, the measures
controlling the final run-off from the site shall control and treat the difference in
stormwater runoff volume leaving the project site between the pre- and post-devclopinent
conditions for, at a mini num, the 1-year, 24-hour storm as determined by NOAA data for
Black Mountain{h1t»://rhu?e�•.17us.�aarra.gni/Irdsc%�frls/o,bh�c��fds•.Iron Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
3. 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.
4. Peak storm water runoff rates shall be controlled for all development at or exceeding 24%
built upon area or high density projects as defined by this ordinance, for both LID and
conventional approaches. The peak storm water runoff release rates leaving the site
during post -construction conditions shall be equal to or less than the pre -development
peak storm water runoff release rates for the 1-year frequency, 24-hour duration storm
event as determined by NOAA data for Black Mountain. The emergency overflow and
outlet works for any pond or wetland constructed as a stormwater BMP shall be capable
of safely passing a discharge with a minimum recurrence frequency of 50 years. For
detention basins, the temporary storage capacity shall be restored within 72 hours.
Requirements of the Dam Safety Act shall be met when applicable.
5. No one 13MP shall receive runoff from an area greater than three (3) acres. However, the
total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3)
acre maximum.
6. Encroachments. Water quality BMPs may encroach into a required buffer or yard setback
as long as the encroachment does not disturb the majority of existing vegetation. Minor
understory may be disturbed in order to accommodate water quality structures. Trees and
shrubs shall be placed to maximize screening where the encroachment takes place.
Sec 8.2.11 Standards for Stormwater Control Measures
A. Evaluation According, to Contents of Design Manual
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All stormwater control measures and stonnwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this ordinance shall be evaluated by the
Stormwatcr Administrator according to the policies, criteria, and information, including
technical specifications and standards and the specific design criteria for each stonnwater
practice, in the Design Manual. The Stonnwater Administrator shall determine whether they
will be adequate to meet the requirements of this ordinance.
B. Determination of Adequacy; Presumptions and Alternatives
Stornwatcr treatment practices that are designed, and constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be presumed to
meet the minimum water quality and quantity performance standards of this ordinance.
Whenever an applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the 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 Stormwatcr
Administrator may require the applicant to provide such documentation, calculations, and
examples as necessary for the Stornwater Administrator to deternine whether such an
affinnative showing is made.
Sec. 8.2.12 Dedication of BMPs, facilities and improvements
The Town of Black Mountain may accept dedication of any existing or future stoririwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by casement or
otherwise, for inspection and regular maintenance.
This dedication may or may not be in conjunction with a conservation easement or within a
common open space dedication as part of a subdivision, PUD or other development plan.
Dedication of BMP and stornwatcr facility areas shall be identified on preliminary plats,
PUD plans and other development proposals for consideration as part of approval processes.
Sec.8.2.13 Variances
A. Any person may petition the Town for a variance granting pennlssion to use the person's
land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the
petitioner must follow the procedures outlined in Section 153.162 of the Town of Black
Mountain Code of Ordinances.
B. The Town may impose reasonable and appropriate conditions upon any variance it grants.
Sec. 8.2.14 Additional Standards
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A. Trout Waters
In addition to the standards for stornwater handling set out in the design manual,
development and redevelopment that drains in whole or part to class TR waters sliall design
and implement the best stormwater practices that do not result in a sustained increase in the
receiving water temperature, while still meeting the other requirements of this ordinance.
See 8.2.15 Onsite wastewater
A. Operation and Maintenance Requirements
New and replaced onsite systems for domestic wastewater installed after the effective date of
this ordinance must be approved and permitted by the Buncombe County Health Department.
Both the Buncombe County septic permit and documentation showing the operation and
maintenance for the system are required before a Town Building Permit may be issued.
B. Standards for Operation and Maintenance
Onsite systems for domestic wastewater covered by this ordinance shall be operated and
maintained so as to avoid adverse effects on surface water and groundwater, including
eutrophication of surface water and microbial or nitrate contamination of groundwater.
Septic tank residuals shall be pumped whenever necessary to assure the proper operation of
the system to meet these standards, and the septage shall be reused or disposed of in a
manner that does not present significant risks to human health, surface water or groundwater.
Sec 8.2.16 General Standards for Maintenance
A. Function of BMPs as Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain and
operate it so as to preserve and continue its function in controlling stormwater quality and
quantity at the degree or amount of function for which the structural BMP was designed.
B. Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant to this
ordinance shall submit to the Stormwater Administrator an inspection report from a qualified
registered North Carolina professional engineer, surveyor, or landscape architect performing
services only in their area of competence. The inspection report shall contain all of the
following:
1. The name and address of the land owner;
2. The recorded book and page number of the lot of each structural BMP;
3. A statement that an inspection was made of all structural BMPs;
4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this ordinance; and;
6. The original signature and sea] of the engineer, surveyor, or landscape architect.
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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.
Sec. 8.2.17 Operation and Maintenance Agreement
A. In General.
Prior to the conveyance or transfer of any lot or building site to be served by a structural
BMP pursuant to this ordinance, and prior to issuance of any permit for development or
redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or
owner of the site must execute an operation and maintenance agreement that shall be
binding on all subsequent owners of the site, portions of the site, and 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.
2. 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 the Town a right of entry in the event that the Stormwater Administrator has
reason to believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the structural BMP; however, in no case shall the right of entry, of itself,
confer an obligation on the Town to assume responsibility for the structural BMP.
3. The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval and shall be referenced on the final plat 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) clays following its recordation.
B. Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all of the following provisions:
1. Acknowledgment that the association shall continuously operate and maintain the
Stormwater control and management facilities.
2. Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
structural BMPs. If structural BMPs are not performing adequately or as intended or arc
not properly maintained, the Town, in its sole discretion, may remedy the situation, and
in such instances the Town shall be fully reimbursed from the escrow account. Escrowed
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funds may be spent by the association for sediment removal, structural, biological or
vegetative replacement, major repair, and reconstruction of the structural BMPs, provided
that the Planning Director or his/her designated Stormwater Administrator shall first
consent to the expenditure.
3. Both developer contribution and annual deposits for future use of "sinking funds" shall
fund the escrow account. Prior to plat recordation or issuance of construction permits,
whichever shall first occur, the developer shall pay into the escrow account an amount
equal to fifteen per cent (15%) of the initial construction cost of the structural BMPs.
Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the
escrow account within the first five (5) years and the full amount shall be deposited
within ten (10) years following initial construction of the structural BMPs. Funds shall be
deposited each year into the escrow account to cover the cost of maintenance. A portion
of the annual assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced in accordance
with the schedule of anticipated work used to create the sinking fund budget.
4. The percent of developer contribution and lengths of time to fund the escrow account
may be varied by the Town depending on the design and materials of the storinwater
control and management facility.
5. Granting to the Town a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
6. Allowing the Town to recover from the association and its members any and all costs the
Town expends to maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of its expended costs, after forty-five (45) clays
written notice, shall constitute a breach of the agreement. The Town shall thereafter be
entitled to bring an action against the association and its members to pay, or foreclose
upon the lien hereby authorized by the agreement against the property, or both, in case of
a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery.
7. A statement that this agreement shall not obligate the Town to maintain or repair any
structural BMPs, and that the Town shall not be liable to any person for the condition or
operation of structural BMPs.
8. A statement that this agreement shall not in any way diminish, limit, or restrict the right
of the Town to enforce any of its ordinances as authorized by law.
9. A provision indemnifying and holding harmless the Town for any costs and Injuries
arising from or related to the structural BMP, unless the Town 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.
Sec 8.2.18 Inspection Program
Inspections and inspection programs by the Town may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections;
Inspections based upon complaints or other notice of possible violations; and joint Inspections
with other agencies inspecting under environmental or safety laws. Inspections may include, but
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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 BMI's.
If the owner or occupant of any property refuses to permit such inspection, the Storrnwater
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 leis or her official duties.
Sec 8.2.19 Performance Security for Installation and. Maintenance
A. The Town may, at its discretion, require the submittal of a performance security or bond with
surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of
a permit in order to ensure that the structural BMPs are (1) installed by the permit holder as
required by the approved stormwater management plan, and/or (2) maintained by the owner
as required by the operation and maintenance agreement. This requirement May be instituted
in addition to and in conjunction with other performance security or bond requirements the
Town may require in conjunction with a subdivision or development plan.
B. The amount of an installation perforrance security shall be the total estimated construction
cost of the BMPs approved under the permit, plus twenty-five (25%).
C. The amount Of a maintenance performance security shall determined based o11 the type of
BMP and a projected annual maintenance cost as recorded in the maintenance agreement.
D. Uses of Performance Security
Forfeiture Provisions. The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in accordance with
tills ordinance, approvals issued pursuant to this ordinance, or an operation and
maintenance agreement established pursuant to this ordinance.
2. Default. Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable pernllt or operation and
maintenance agreement, the Stormwater Administrator shall obtain and use all or any
portion Of the security to make necessary improvements based oil all engineering
estimate. Such expenditure of funds shall be made after requesting the owner to comply
with the permit or maintenance agreement. Ill the event of a default triggering the use of
installation performance security, the Town shall not return any of the unused deposited
cash fiends or other- security which shall be retained for maintenance.
3. Costs in Excess of Performance Security. If Town takes action upon such failure by
the applicant or owner, it may collect from the applicant or owner for the difference,
should the amount of the reasonable cost of such action exceed the amount of the security
held.
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4. Refund. Within sixty (60) days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, with the exception of ally
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.
Sec 8.2.20 Notice To Owners
A. Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, including but not limited to
conservation easement, or dedication and acceptance into public maintenance, 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, or conservation easement, or dedication
and acceptance into public maintenance, {whichever is applicable] shall be recorded with the
County Register of Deeds so as to appear in the chain of title of all subsequent purchasers
under generally accepted searching principles.
B. Signage
For homeowner's and other associations, and where else deemed appropriate for the
compliance of this ordinance, the Stormwater Administrator may require a structural BMPs
to 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.
Sec. 8.2.21 Records of installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections, maintenance, and
repairs for at least five (5) years from the date of creation of the record and shall submit the
same upon reasonable request to the Stormwater Administrator.
Every structural BMP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair in accordance with the maintenance agreement, including,
but not limited to a maintenance easement. If a maintenance easement is provided then it
shall be recorded and its terms shall specify who may make use of the easement and for what
purposes.
Sec 8.2.22 Illicit Municipal Discharges and Connections
The Federal Phase II rule specifies that local communities shall prohibit any discharge to a
municipal separate storm unless it:
A. Consists of a discharge pursuant to an NPDES permit; or
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B. Consists of a discharge from fire fighting activities; or
C. Consists of a discharge in any of the following categories, and the operator of the small
MS4 has not identified that category as a significant contributor of pollutants to its small
MS4:
• Water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising ground waters;
• uncontaminated ground water infiltration;
• uncontaminated pumped ground water;
• discharges from potable water sources,
• foundation drains;
• air conditioning condensation (cornmercial/residential);
• irrigation waters;
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• individual residential car washing and charity car washing,
• flows from riparian habitats and wetlands;
• de -chlorinated swimming pool discharges; and
• street wash water.
See 8.2.23 Other Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land
in manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, pet feces or
animal waste, paints, garbage, and litter, or any liquid, solid, gas, or other substance, other
than storrnwater, provided that non-stonnwater discharges associated with the following
activities are allowed, provided that they do not significantly impact water quality:
• Water line flushing;
• landscape irrigation;
• diverted stream flows;
• rising ground waters;
• uncontaminated ground water infiltration;
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CFIAPTI iz 8: )LAND DrwELOPNIENT & ENVIRONMENTAL REGULATIONS
• uncontaminated pumped ground water;
• discharges from potable water sources;
• foundation drains;
• air conditioning condensation (commercial/residential);
• irrigation waters;
• springs;
• water frorn crawl space pumps;
• footing drains;
• lawn watering;
• individual residential car washing and charity car washing;
• flows from riparian habitats and wetlands;
• dechlorinated swimming pool discharges;
• street wash water;
• flow from fire fighting activities; and
• other non-storrnwater discharges for which a valid NPDCS discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the Town.
Sec 8.2.24 Illicit Connections
A. Connections to a stormwater conveyance or storrnwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in section 150.1305 above,
are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water
from washing; machines or sanitary sewers, wash water from commercial vehicle washing or
steam cleaning, and waste water from septic systems.
B. Where such connections exist in violation of this section and said connections were made
prior to the adoption of this provision or any other ordinance prohibiting such connections,
the property owner or the person using said connection shall remove the connection within
one (1) year following the effective date of this ordinance. However, the one-year- grace
period shall not apply to connections which may result in the discharge of hazardous
materials or other discharges which pose an immediate threat to health and safety, or are
likely to result in immediate injury and harrn to real or personal property, natural resources,
wildlife, or habitat.
C. Where it is determined that said connection: a) May result in the discharge of hazardous
materials or may pose an immediate threat to health and safety, or is likely to result in
immediate injury and harrn to real or personal property, natural resources, wildlife, or habitat,
or b) Was made in violation of any applicable regulation or ordinance, other than this section;
the Stormwater Administrator shall designate the time within which the connection sliall be
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removed. In setting the time litnit for compliance, the Stormwatcr Administrator shall take
into consideration:
1. The consequences of delay,
2. The potential harm to the environment, to the public health, and to public and private
property, and
3. The cost of remedying the darnage.
See 8.2.25 Spills
A. Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to the stonnwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
B. Persons in control of the polluting substances immediately prior to their release or discharge,
and persons owning the property on which the substances were released or discharged, shall
immediately notify the Town of the release or discharge, as well as making any required
notifications under State and Federal law.
C. Notification shall not relieve any person of any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor shall
such notification relieve any person from other liability which may be imposed by State or
other law.
Sec 8:2.26 Nuisances
A. The owner of each stormwater BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a condition that creates a potential hazard or
nuisance to the health, safety and welfare of the general public.
B. Illicit discharges and illicit connections which exist within the Town of Black Mountain
Jurisdictions, are hereby found, deemed, and declared to be dangerous or prejudiced to the
public health or public safety and are found, deemed, and declared to be public nuisances and
shall be abated.
Sec 8.2.27 Enforcement and Violations
A. Authority to Enforce. The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Town. Whenever this section
refers to the Stormwater Administrator, it includes his or her designee and any authorized
agent of the Town.
B. Violation Unlawful. Any failure to comply with applicable requirements, prohibitions,
standards, or limitations imposed by this ordinance, or the terms or conditions of any permit,
maintenance agreement, or other development or redevelopment approval or authorization
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granted pursuant to this ordinance, is unlawful and shall constitute a violation of this
ordinance and is subject to the same civil or criminal penalties as other zoning violations,
with each day that a violation continues constituting a separate offense.
C. Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters
(whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this ordinance shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with this section.
Persons subject to the remedies and penalties set forth herein may include any architect,
engineer, builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or constitutes a
violation of this ordinance, or fails to take appropriate action, so that a violation of this
ordinance results or persists; or an owner, any tenant or occupant, or any other person, who
has control over, or responsibility for, the use or development of the property on which the
violation occurs.
D. Person Maintaining Condition Resulting In or Constituting Violation. An architect,
engineer, builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that constitutes a violation of this
ordinance, or fails to take appropriate action, so that a violation of this ordinance results or
persists.
E. 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.
Sec 8.2.28 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order and can include:
l . 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.
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2. Disapproval of Subsequent Permits and Development Approvals: As long as a
violation of this ordinance continues and remains uncorrected, the Stonnwater
Administrator or other authorized agent may withhold, and the Town Planning Board or
Zoning Board of Adjustment may disapprove, any request for permit or development
approval or authorization provided for by this ordinance for the land on which the
violation occurs.
Injunction, Abatements, etc.: The Stonnwater Administrator, with the written
authorization of the Town Manager, may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct
a violation of this ordinance. Any person violating this ordinance shall be subject to the
full range of equitable remedies provided in the General Statutes or at common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc.: If the violation is deemed
dangerous or prejudicial to the public health or public safety and is within the
geographic limits prescribed by North Carolina G.S. § 16OA-193, the Stormwater
Administrator, with the written authorization of the Town Manager, may cause the
violation to be corrected and the costs to be assessed as a lien against the property.
5. Stop Work Order: The Stonnwater Administrator may issue a stop work order to the
person violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or has
otherwise cured the violation or violations described therein. The stop work order may
be withdrawn or modified to enable the person to take the necessary remedial measures
to cure such violation or violations.
6. Civil Penalties: Violation of this ordinance may subject the violator to a civil penalty
to be recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator or his/her designee. Civil penalties may be assessed up to the full amount
of penalty to which the Town is subject for violations of its Phase 1I Stormwater permit
up to $2,500.
7. Criminal Penalties: Violation of this ordinance may be enforced as a misdemeanor
subject to the maximum fine permissible under North Carolina law.
Sec 8.2.29 Procedures
A. Violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred,
any person may file a written complaint in accordance with the procedures established in
Section 150. 45 of the Town of Black Mountain Land Use Code.
B. 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 Stornwater
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 Ston-nwater Administrator may extend the time limit as is
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reasonably necessary to allow timely correction of the violation. The Stonnwater
Administrator may grant extensions in addition to the foregoing extension if the violation
cannot be corrected within the pennitted time due to circumstances beyond the control of the
person violating; this ordinance.
C. The Stonnwater 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.
D. Enforcement After Time to Correct. After the time has expired to correct a violation,
including any cxtension(s) if authorized by the Stonnwater Administrator, the Stormwater
Administrator shall determine if the violation is corrected. If the violation is not corrected,
the Stormwater Administrator may act to impose one or more of the remedies and penalties
authorized by this ordinance.
E. Emergency Enforcement. If delay in correcting a violation would seriously threaten the
effective enforcement of this ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stonnwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The Stormwater
Administrator may seek immediate enforcement, without prior written notice, through any
remedy or penalty authorized by this article.
This Section Reprices Section 157.
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Section 8.3 Landscaping Requirements
8.3.1 Purpose and Applicability
A. Tile purpose of this Chapter is to improve the appearance, quality and quantity of
landscaping as part of new development and to regulate the protection, installation, and long-
term management of trees and shrubs and to minimize potential nuisances, such as visual
impacts, noise, dust, odor, litter, and glare of lights, from adjacent properties. The appropriate
use of existing and supplemental landscaping enhances the appearance of the built
environment and blends new development with our natural, mountain landscape. Existing
vegetation should be retained where possible to ensure cohesive landscaping. This Chapter is
also provided in order to:
i. Provide visual buffering and to enhance the beautification of the Town;
2. Safeguard and enhance property values and to protect public and private
investment;
3. Preserve, protect and restore the unique identity and environment of the Town of
Black Mountain and to preserve the economic base for tourism and visitors to the
Town;
4. Encourage the preservation of existing trees and vegetation;
5. Aid in stabilizing the environment by contributing to the process of air
purification, ground water recharge, and storm water runoff retardation, while at
the same time aiding in noise, glare, and heat reduction;
G. Conserve energy; and
7. Protect the public health, safety and general welfare of the Town.
B. All new developments (except for infill single-family detached residential uses and duplexes)
shall be designed in accordance with the requirements of this Chapter. A change of use or
expansion of an existing building or parking area also requires compliance with the
requirements of this Chapter. Where necessary to accommodate creativity in site design, or
where conformance with the strict requirements of this Chapter are not feasible, the Town
Zoning Board of Adjustment may modify these requirements through a variance procedure or
as part of a conditional use or special use pen -nit request, provided that the type and amount
of landscaping or other features are equivalent in effectiveness.
C. The landscape plan required by this chapter shall accompany any request for a building
permit or plat approval by the Town of Black Mountain for commercial or multi -family and
major subdivision development. No building permit shall be issued, nor plat approved until
the landscape plan is approved by the Zoning Administrator. The Zoning Administrator may
request any additional information needed to determine compliance with this subchapter.
D. Landscaping requirements may be met as part of an approved Stonnwater Management Plan
and as incorporated into stormwater management practices such as planted swales or rain
gardens.
8-31
Totapn of Black Mountain Land Use Code (version 07_09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
8.3.2 Cencral Provisions
A. Landscaping, in the Central Business District, The Zoning Administrator shall review the
landscaping requirements of this article with each development proponent or applicant for a
building permit in the CB district. Where meeting the requirements of this subchapter is
clearly impractical, the Board of Aldermen may authorize the use of portions of the public
rights -of -way for permanent or container plantings. The Zoning Administrator is authorized
to waive specific landscape requirements, or portions thereof, if meeting the requirements
will cause insurmountable difficulties for a development proposal in the CB district.
B. Landscape Plan Contents. The landscape plan shall contain the following elements, per
zoning district or CUP or SUP requiremcnts:
1. Existing and proposed landscaping;
2. Any buffers required;
3. Any screening required;
4. Existing vegetation intended to be saved;
5. Any barriers proposed to protect vegetation during or after construction;
6. Topographic contours at intervals of not more than five feet, indication of the
direction of storm water flow, and a description of all storm water control facilities.
7. Type and location of plantings.
C. Landscaping Required for All Sites. No less than five percent (5%) of the lot or parcel which
is the subject of the required landscape plan shall be landscaped. This requirement shall be
met in addition to any area required for street trees, buffers, or screens; provided that the total
area of the site devoted to landscaping shall not be required to exceed forty percent (40%) of
the site in accordance with the guidelines provided in 8.3.02.1-10 below.
D. Landscaped buffers required for Some Sites. Where a commercial or industrial use abuts a
residential district and the perimeter of parking lots require buffers (see below).
E. Off -Street Parking and Loading. Landscaping shall be required in and around all new
or redesigned off-street parking and loading areas. Landscaping shall be provided in these
areas as follows:
1. For parking lots less than 2,500 square feet in parking area, no landscaping is required
by this subsection. Above 2,500 square feet the following provisions apply:
Total area of parking lot Percent of parking lot area that
parkin?g /of (Square feel) lot area that mist be landscape
2,500 - 9,999 3%
10,000 - 49,999 5%
50,000 - 149,999 8%
150,000 or larger 10%
8-32
Tovoi of 131ack Mounlain Land Use Code (version 07 09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONMENTAL REGULATIONS
2. At least 50% of required parking lot landscaping shall be provided as islands within
the parking lot. One planting island is recommended for every 10 to 15 spaces.
3. One tree of at least one and one half inch (1 %") caliper and an initial height of at
least four feet shall be provided for each fifteen parking spaces. The expected height
at maturity of these trees shall be at least eight feet.
4. No parking space shall be more than 50 feet from a tree or 75 feet from plantings of
more than one tree.
S. Shrubs and other types of plant materials shall be used which will complement the
tree plantings subject to approval by the Zoning Administrator.
6. All public parking and loading areas within 50 feet of a public right-of-way must
include a buffer that meets the buffer standards as described below.
Type A Landscaping (Opaque Buffer)
8.3.2.1 Location and Width Required
Buffers shall be located entirely on the property of the new development. Where a
commercial or industrial use abuts a non-commercial residential district - an opaque fence or
wall that is at lest 8 feet high and evergreen vegetation to provide a minimum 10' wide buffer
growing to a height to be above the fence and completely blocking view of said fence within
3 years. The following table shows the minimum buffer width for a new or expanding
development adjacent to residentially zoned property (CR-1, SR-2, TR-4, UR-8):
New or Expanding
Development
Mininium Buffer
Width
Civic
10 feet
Commercial
15 feet
Industrial
30 feet
Mixed Use
10 feet
Multi -family Residential
10 feet
8.3.2.2 Composition
Composition of the Type A buffer area may include a wall, solid fence, landscaped berm,
planted vegetation, existing vegetation, or any appropriate combination of these elements.
Intermittent planting, of deciduous and evergreen trees shall obtain a height at maturity of no
less than 20 feet and have no unobstructed openings wider than ten (10) feet between tree
canopies upon maturity. Shrub plantings shall have a minimum height of three (3) feet at
installation and have no unobstructed openings wider than four (4) feet. At least 50 percent of
the required trees, and at least 75 percent of the required shrubs, shall be evergreen species.
The use of existing vegetation to satisfy this requirement is encouraged but supplemental
planting may be required in addition to existing materials.
'type B Landscaping (Parking Lot Perimeter)
8.3.2.3 Location and Width Requiter!
Type B landscaping is required around the perimeter of all parking lots. Tile minimum
buffer width is five (5) feet. The C13 district is exempt from this requirement.
8-3 3
Town of Black Mountain Land Use Code (}version 07_09)

CIIAP`I'ER 8: LAND DEVELOPMENT & LNVIRONMENTAI1 REGULATIONS
8.3.2.4 Composition
Type B landscaping functions as a semi -opaque screen with a minimum height of three (3)
feet for screening of cars and glare from adjacent properties. The minimum height for a
Type B buffer area adjacent to street right-of-way is two (2) feet. Composition of the Type B
landscaping may include a wall, fence, planted vegetation, existing vegetation, or any
appropriate combination of the. elements. Shrub plantings shall have no unobstructed
openings wider than four (4) feet. At least 75 percent of the required shrubs shall be
evergreen species. The use of existing vegetation to satisfy this requirement is encouraged
but supplemental planting may be required in addition to existing materials.
Type C Landscaping (Parking Lot Canopy)
8.3.2.5 Location and Number Required
Type C landscaping is required within all parking lots. A minimum of one (1) canopy tree
shall be located within 75 feet of every parking space. The measurement shall be taken from
the base of the tree.
8.3.2.6 Composition
Large maturing canopy trees shall be planted in a manner that provides shade for parking
area at maturity. Ornamental trees shall be used in lieu of canopy trees under overhead
utility lines. Tine use of differing species around the parking area is encouraged to promote
diversity in the overall tree canopy. The use of existing vegetation to satisfy this requirement
is encouraged. Each planting area shall adequately sized to sustain the tree at maturity. The
use of existing vegetation to satisfy this requirement is encouraged but supplemental planting
may be required in addition to existing materials.
TYPE D Landscaping (Residential Street Trees)
8.3.2. 7 Locating and Number Required
Yard trees are required for every residential Major Subdivision. Trees shall be planted
parallel to the public right-of-way at a distance of one every 50 feet. Maintenance of the
trees shall be the responsibility of the individual property owner. Each lot shall also provide
canopy trees in accordance with the following schedule:
Lot Size
Street Trees
Less than 10,000 square feet
1
10,000-20,000 square feet
2
More than 20,000 square feet
3
8.3.2.8 Composition
The use of existing vegetation to satisfy this requirement is encouraged. Existing canopy
trees over six (6) inches in caliper may be counted towards fulfilling this requirement. All
trees required under this section shall be planted within the private lot and not within the
street right-of-way.
8-34
Town of Black Mountain band Use Code (version 07_09)

CHAPTER 8: LAND DEVELOPMENT & ENVIRONIVIL+'NTAL REGULATIONS
TYPE E Screening
8.3.2.9 Screening Requirements for Non-residential Storage and Unenclosed Structures
A minimum five (5) foot Type A buffer shall be provided to screen any outdoor storage or
unenclosed structure, consisting of a roof but no walls used for storage of materials, products,
wastes or equipment associated with commercial or industrial uses that is visible from a
street right-of-way in any zoning district.
8.3.2.10 Screening Requirements for All 7.oning Divricts
The following uses must be screened from abutting property and from a public street by an
opaque screen consisting of a fence, wall, landscaping, or appropriate combination thereof,
unless they are within the Heavy Industrial District (HI-0):
• Dumpsters or trash handling areas;
• where automobiles are stored before and after repairs, manufacturing parts, or scrap
materials or equipment that are being stored;
• Loading clocks or spaces.
8.3.3 General Installation Provisions
A. To the extent that existing natural vegetation located on the same parcel of land as the
proposed development can meet the required screening levels of this Section, the use of such
materials is encouraged. In such case, the owner shall designate the land on which such
materials are rooted, which sliall contain at least the minimum width required.
B. No structure other than a wall, fence, sidewalk, mailbox, sign or driveway shall be permitted
within a required landscaping area. No off-street parking may take place in any required
landscaping area. Where plant materials are required, the required amount of plant materials
sliall be installed on the side of any wall or fence opposite the new development.
8.3.4 Wall, Fence, and Berm Standards
Whenever a landscaping alternative specified is selected which includes a wall, fence, or berm,
such wall, fence, or berm shall meet the following requirements:
A. Any wall shall be constructed in a durable fashion of brick, stone, or other masonry materials
with no greater than 25 percent of the wall surface left open. All walls and fences, except
those constructed of stone, shall be of a consistent pattern and comply with the Town fence
regulations in Chapter 5.13.
B. Berms shall be grassed and/or planted with other plant materials sufficient to prevent soil
erosion. If grassed alone, any berm shall be no less than four (4) feet nor greater than eight
(8) feet in height. No slope of a berm shall exceed a slope greater than one (1) foot of rise
for every three (3) feet in plane. No part of the berm shall be left as bare soil and any
plantings accompanying been may be planted on and/or along either side of the berm.
C. Where a fence, wall or been is used as part of a required screen area, any required plantings
accompanying the fence or wall shall be located on the side opposite the new development.
8-35
7'own of Black Mountain band Use Code (version 07_09)

CIIAPT'ER 8: LAND MI viI,LOPMENT & ENVIRONMENTAL REGULATIONS
8.3.5 Plant Standards and Plant Installation Standards
The following standards shall apply to all new plant material installed as part ofa screen required
under these regulations:
A. Trees to be planted shall be selected from the approved species listed in the Appendix, or be
a native species to western North Carolina.
B. Minimum tree caliper measured six (6) inches above ground on all trees shall be 2-1/2 inches
and the minimum height shall be eiglit (8) feet. No trees identified as large maturing trees
shall be planted within 20 feet of an electrical distribution line. This does not include low -
voltage insulated or covered lines of 240 volts or less or telephone or cablevision lines.
C. Large shrubs used in any landscaping must be at least two (2) feet tall wlien planted and shall
be selected from the approved species listed in the Appendix or be Native species to our area.
They must be of a variety and adequately maintained so that an average height of five (5) to
six (6) feet could be expected as normal growth within three (3) years of planting.
D. All plant material installed shall be free from disease.
E. Plant materials shall be planted in accordance with generally accepted and recommended
planting and growing practices.
F. All plant material shall be installed in a fashion that ensures the availability of sufficient soil
and water to sustain health growth.
G. All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
8.3.6 Landscaping Maintenance
The plantings, fences, walls, or berms that constitute a required landscaping shall be properly
maintained in order for the landscaping to fulfill the purpose for which it is established. The
owner of the property and any tenant on the property where landscaping is required shall be
jointly and severally responsible for the maintenance of all landscaping materials. Such
maintenance shall include all actions necessary to keep the landscaped area free of litter and
debris; to keep plantings healthy; to keep plant growth from interfering with safe vehicular and
pedestrian travel, or use of parking areas, or from creating nuisances to adjoining properties; and
to keep walls, fences and ben'ns in good repair and neat appearance. Any vegetation that
constitutes part of a required landscaping area shall be replaced in the event that it dies.
8.3.7 Variance from Landscaping Requirements
A. In the event that the unusual topography or elevation of a development site or the location or
size of the parcel to be developed would make strict adherence to the requirements of this
section serve no meaningful purpose or would make it physically impossible to install and
maintain the required landscaping, the Zoning Board of Adjustment may alter the
requirements of this section provided the spirit and intent of the section are maintained.
8-36
'Foit,n of Black Mounlain Larzd Use Code (version 07_09)

CiIAP'I'GR 8: LAND DLVELOI'MENT & ENVIRONNIENTAL REGULATIONS
Such an alteration may occur only at the request of the developer, who shall submit a plan to
the Zoning Administrator showing existing site features that would screen the proposed use
and any additional screen materials the developer may propose to have installed.
B. The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing a
variance to the landscaping requirements. Neither shall the desire of an owner to make a
more intensive use or greater economic use of the property be grounds for reducing the
landscaping requirements.
8.3.8 Existing Landscaped Areas
In cases where an existing, landscaped or vegetated area is located on the saine property as the
proposed development, further plantings and or improvements shall not be required so long as
said screened area is of sufficient width and depth and contains adequate and sufficient materials
to meet the requirements of this Ordinance. If the landscaped or vegetated area is deficient, the
developer shall make needed improvements and/or additions to satisfy the landscaping
requirements and intent of this Ordinance.
8.3.9 Visibility at Intersections
On a corner lot in any district, no hedge, shrubbery, tree, natural growth, sign, fence, wall, or
other obstruction of any kind to vision which obstructs cross -visibility in accordance with
Section 4.3.5. '
8.3.10 Installation of Landscaping Required Prior to Occupancy
Landscaping materials required in this Chapter shall be installed prior to occupancy.
A. A temporary certificate of occupancy may be issued to a developer/owner if the landscaping
cannot be planted at the time the use opens or is re-established due to inappropriate timing
for the growing season. A temporary CO shall specify the date that the landscaping will be
planted. The Building Inspector shall have the authority to revoke the temporary certificate
of occupancy if the landscaping is not planted by the date specified. The developer/owner
shall also guarantee in writing that he/she or his/her successors, shall provide the required
landscaping within the time period specified in the temporary certificate of occupancy.
B. The Zoning Administrator may require a financial guarantee in lieu of requiring the
completion and installation of these improvements prior to occupancy similar to those
required Section 8.2.
This Chapter replaces Section 152,043.
8-3 7
Town of Black Mountain Land Use Code (version 07_09)

CHAP'rr[z 7: SPEC[AL USE PERMITS
Section 7.5 Special Use: Conservation Subdivisions
7.5.1 Purpose
The purpose of a Conservation Subdivision is to provide flexibility in subdivision design in order
to protect the natural landscape, mountain ecology, and view -shed of the Town of Black
Mountain.
7.5.2 Applicability
This subdivision option may be applied in any subdivision and in any zoning district in which
conservation subdivisions are permitted, which the original tract or total of assembled tracts is
three «' aeFe one (1) acre or more.
7.5.3 Density, Lot Sizes, & Setbacks
A. Conservation Subdivision Plans meeting the requirements of this Chapter shall be allowed
twice the density permitted per acre under the Density Table for Steep Slopes in the Erosion
Prevention and Slope Protection Ordinance (applicable to lots of 25% slope or greater) and
shall be exempt from the minimum lot size. Under no circumstances however shall the net
density of a Conservation Subdivision exceed the density for the district in which it is
located or as allowed by the Inclusionary Housing allowance.
B. Yard setbacks are not required within the development but must be maintained on the
perimeter of the project boundary.
C. Building sites, including accessory buildings, must be established based on the site capacity
analysis which identifies the areas for construction with the most stability and the least
amount of land disturbance, while preserving environmentally sensitive areas.
D. Lot sizes may vary from the minimum lot size of the District in which the subdivision is
located so long as the overall density of the District is maintained and any reduction in the
area of individual lots is provided in a minimum of equal area dedicated as common open
space as part of the Master Plan. This allowance shall apply to single family and zero -lot -
line construction.
E. Within and adjoining established residential districts, a 10 foot setback from the side and rear
property lines must be preserved.
7.5.4 Performance Goals
A Conservation Subdivision Plan is a "performance -based" development plan that is flexible in
its requirements as long as the following goals are achieved:
A. Environmentally sensitive areas are left un-disturbed, Including:
1. Any slope greater than forty-five degrees (45), exceeding a 1:1 slope or 100% slope,
2. Wetlands, bogs and natural drainages.
3. Perennial and intermittent streams with a 30 foot protective buffer on both sides.
4. Significant landscape features. Significant landscape features may include rock
outcroppings, trees with diameter at breast height (DBH) of two feet or more, or other
7-12
Town of Black Mountain Land Use Code (version 07 09)

CHAPTER 7: SPECIAL USI, PERMITS
landscape characteristics which are unique to the site, rare in the area, or which are
visually or biologically unusual.
B. Stonnwater run-off is managed in such a way as to conform to the natural hydrology of the
site and resulting in run-off that is equal to or less than the pre -development conditions.
Low Impact Development ("LID") is the preferred stormwater design strategy that seeks to
maintain or replicate the pre -development hydrology of a site by using designs techniques to
create a functionally equivalent hydrologic landscape. The strategy seeks to maintain the
functions of storage, infiltration, and groundwater recharge, as well as the volume and
frequency of discharges by the use of integrated and distributed micro -scale stormwater
retention and detention areas, reduction of impervious surfaces, and the lengthening of flow
paths and runoff time.
C. Colluvial soils are avoided.
D. No more than 33 percent of total land area is disturbed in the development process,
E. Buildings, driveways and roads are located in the most stable areas for construction and
along contours that require the least amount of land disturbance and cut-and-fili.
F. Native plants existing on the site pre -development are minimally disturbed and native plants
occurring naturally on the site are also incorporated into post -construction landscaping.
G. When adjoining or located within established residential districts, a 10 foot setback from the
side and rear property lines must be preserved.
H. A site analysis which indicates how the Master Plan addresses the six goals above and
documents the pre -development and post -development stormwater run-off conditions.
7.5.5 General Design Requirements
In addition the requirements for a Master Plan required by this Chapter, the following design
requirements shall be Conservation Developments:
A. An LID analysis of the natural hydrology and how the stornwater management plan is
consistent with that hydrology. This analysis should include calculations for run-off based
on the amount of impervious surface proposed, and how the run-off will be managed on -site.
B. The disturbed area does not exceed 33% of the total tract area, and the location and footprint
of buildings and roads are located in such a way as to minimize impact for the particular site.
C. The Plan meets or exceeds the overall density requirements of the district in which it is
located.
D. Buildings may not be more than thirty five feet (35') in height from the highest adjacent
grade. A building may not exceed forty-five (45') feet in height on any one side.
7-1 3
Tovoi of Black Moin fain Lard Use Corte (version 07_09)

CIIAPTER 7: SPECIAL USE PERMITS
E. The subdivision development, including roads and buildings, shall be designed to meet the
standards of the Town's Insurance Rating as determined by the Town's Fire Inspector.
F. All roads must follow pre -disturbance land contours in order to minimize cut and fill to the
greatest extent possible. Designs with bifurcated, one-way, or variable travel widths may be
included within the plan if periodic turnouts, one way loops, bifurcations, or other designs
are applied that allow for staging and passing of public vehicles.
G. Dead-end streets or cul-de sacs are allowed as long as turn -around areas are provided and
approved by the Town Fire inspector.
1-1. All rights -of -way must be established to allow for adequate drainage of road surface run-off.
I. Predominant native species located on the site are identified and lawns and grassed areas are
minimized in favor of maintaining or replacing native vegetation existing on the site pre -
development.
J. Stormwater, ridge top, and conservation casements or maintenance areas are established and
designated.
K. Pedestrian facility requirements may be met with hiking trails and/or reduced or waived at
the discretion of the Zoning Board of Adjustment if the inclusion of these facilities would
negatively impact the land or site hydrology. Greenway or other trails may be used to meet
open space requirements.
L. Areas identified for potential well head locations, or if necessary, for required drainage
fields, are included in the Master Plan .
For more information on Low Impact Development, including fact sheets and
reference materials, see the Environmental Protection Agency website at:
http://www.cpa.gov/owow/nos/lid/
7-14
Town of Black Mountain Land Use Code (version 07_09)

CHAPTER 7: SPECIAL USE PERMITS
WFTLANvd
CREEK I `
OTFEP 6LOM5 � e'
i} I EACHKF91RFN1•CAN
ACCEOd S-G ACRE6
k ON OWN PRIVA1ELOT Convent'onal
-� Subdivision with
1,
Minilnum Lot Sizes
'.vOODLArIn I� 4p�` l
Lots: , 7
veml If: I O'Naarg Lhlt f 6ACfE5
• "; t" / con'.
Lot Sac: t; Fcrpp
0;
{ l// Cumlon t� cn �a: v:S
j Illll 1'
WE'ILANP9
CREEK
'•'` [`
ell ii-- Q� f•��^
FACH r.EMPO CAA COn$el Vatloll
ACCF9976 ACPS6
(I-ACr.F L01'PLUL5 Development with
75Acut5OFOVEN LWVE) Maximum Density
1111
,�:'i•. � d r~__- �- -� -may
WOOOLANp
ANo HEI)GFROwd
Through a ruduCHDII h 10t sicrl, ❑pHII spaco c-arl be crmito i without losing donsity.
A:fal: I LVI
Lot l; 17
Uafmy: I UHearq Lkl4) 6Actes
Agafapa Las sac I Azra
con"m Open swfi: 7514.
FIG. 7.1 CONSERVATION DEVELOPMENT EXAMPLE*
7-15
Town of Black Mountain Land Use Cade (version 07_09)

State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit'coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Black Mountain
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Buncombe
f.
Jurisdictional Area (square
6.83
miles
g.
Population
Permanent
8,598 (NC Certified estimate for 2008)
Seasonal (if available)
h.
Ten-year Growth Rate
1990 — 2000: 36%
2000-2010: 14.5% estimated based on 2008 population)
i.
Located on Indian Lands?
❑ Yes X No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
6.83
b.
River Basin(s)
French Broad (Swannanoa river watershed)
c.
Number of Primary Receiving
Streams
22
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
64%
•
Commercial
14%
•
Industrial
1%
•
Open Space
21%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes X No
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes XNo
b. Local Water Supply Watershed Program
❑ Yes XNo
c. Delegated Erosion and Sediment Controi Program
X Yes ❑ No
d. CAMA Land Use Plan
❑ Yes X No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes X No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
N/A
• NPDES Permit Number
N/A
c. Do you intend to co -permit
Yes XNo
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
N/A
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No N/A
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes XNo
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
N/A
• Element they will implement
N/A
• Contact Person
N/A
• Contact Address
N/A
• Contact Telephone Number
N/A
c. Are legal agreements in place
_ to establish responsibilities?
❑ Yes ❑ No N/A
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPOES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section V1 above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
Including the possibility of fines and imprisonment for knowing violations.
Signature
Name
Marcy Onieal
Title
Town Manager
Street Address
160 Midland Avenue
PO Box
City
Black Mountain
State
NC
Zip
28711
Telephone
828-419-9300
Fax
828-669-4204
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Elizabeth Teague
b.
Title
Planning Director
c.
Street Address
160 Midland Avenue
d.
PO Box
e.
City
Black Mountain
f.
State
NC
g.
Zip
28711
h.
Telephone Number
828-419-9371
i.
Fax Number
828-669-2030
j.
E-Mail Address
[e-mail]
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NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
Page 4
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NPDES RPE Stormwater Permit Application
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed Stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served 6
1.2. Growth Rate 6
1.3. Jurisdictional and MS4 Service Areas 6
1.4. MS4 Conveyance System 6
1.5. Land Use Composition Estimates 7
1.6. Estimate Methodology 7
1.7. TMDL Identification 7
2. RECEIVING STREAMS 8
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs 9
3.2. State programs 9
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List 10
4.2. Organizational Chart 10
4.3. Signing Official 10
4.4. Duly Authorized Representative 10
5. Co -Permitting Information (not applicable) 11
6. Reliance on Other Government Entity
6.1. Name of Entity 11
6.2. Measure Implemented 11
6.3. Contact Information 11
6.4, Legal Agreements 11
7.1. Public Education and Outreach on Storm Water Impacts 12
7.2. Public Involvement and Participation 13
7.3. Illicit Discharge Detection and Elimination 14
7.4. Construction Site Stormwater Runoff Control 15
7.5. Post -Construction Storm Water Management in New Development and Redevelopment 15
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 17
Page 5
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NPDES RPE Stormwater Permit Application
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served:
The Population of the Town of Black Mountain and the Population served by our MS4 is 8598 persons.
The source of this data is the N.C. State Data Center's 2008 Certified Population Estimate. The Town
is not attempting to estimate our seasonal population.
1.2. Growth Rate:
Black Mountain's 1990 population was 5,533 and our 2000 population grew to 7,511. The growth
rate for Black Mountain from 1990 to 2000 was 35.7%. This high percentage of growth was largely
due to an annexation during the decade. The growth rate from 2000 to 2008 is 14.5%. This is
calculated from the percent change of the 2000 Census figures to the 2008 NC State Data Center
Certified estimates.
1.3. Jurisdictional and MS4 Service Areas: jurisdictional and MS4 service area in square miles.
The Black Mountain jurisdictional and MS4 service area is 6.83 square miles which includes .39 square
miles of residential area annexed since our March 10, 2003 NPDES Application.
1.4 MS4 Conveyance System:
The Town of Black Mountain's MS4 consists of roadside ditches, open channels, pipes and culverts
normally associated with a small town road system. The Town carries out a range of maintenance
activities aimed toward keeping the conveyances clean and clear. Typical maintenance activities
include street vacuuming and cleaning, clearing garbage, leaves and debris from ditches and gutters,
cleaning out catch basins and junction boxes and grading for appropriate pitch in ditches.
The major arterial roads of Black Mountain are maintained by NCDOT, as is Interstate 40 which
intersects the Town and follows a stretch of the Swannanoa River, including:
SR Number
Road Name
N.C. 9
SR 2713
Old Lakey Gap Road
SR 2300
Blue Ride Road
SR 2526
McCoy Cove Road
SR 2522
Avena Road
SR 2515
Flat Creek Road
SR 2520
Rainbow Terrace Road
SR 2474
North Fork Road
SR 2979
Walker Cove Road
SR 2489
Rhododendron Avenue
SR 2495
Hiawassee Avenue
SR 2500
Fortune Street
SR 2300
North Blue Ride Road
SR 2473
Cragmont Road
SR 2471
Tabernacle Road
SR 2472
Grovestone Road
Old US 70
SR 2561
Kearfot Road
I-40
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NPDES RPE Stormwater Permit Application
All receiving streams and stormwater outfalls in our town eventually empty into the Swannanoa River,
but many of the Town's streams and manmade stormwater facilities empty into the N.C. Department
of Transportation system before discharging into the Swannanoa River.
With funding from the Clean Water Management Trust Fund, the Town completed a Stormwater
Master Plan in 2009, which identified several capital improvements the Town is working toward to
replace or improve stormwater management within our local MS4 and drainages. This includes a
recent successful application for ARRA funding to slow down the flow of run-off into Tomahawk
Branch by the re -grading of strategic areas within the municipal golf course and replacement of a
sediment control basin and valve above Lake Tomahawk within a municipal park.
1.4. Land Use Composition Estimates: Estimate the percentage of the MS4 service area that is under
residential, commercial, industrial, and open space land use.
Residential Land Use
64%
Commercial Land Use
14%
Industrial Land Use
1%
Open Space Land Use
21%
Total
100%
1.5. Estimate Methodology: Briefly explain the methodology used to determine the land use estimates.
Black Mountain used the Town's GIS system and Buncombe County tax records to calculate land use
percentages. The Town correlated our zoning classifications to the various land use classifications
requested by this application and generated the percentages. Open space was estimated using
county tax records for undeveloped properties as an estimator for open space.
1.5 TMDL Identification: The Environmental Protection Agency or the NCDENR has the authority to
establish and issue a Total Maximum Daily Load allocation on a body of water or receiving stream.
The Town of Black Mountain's MS4 does not knowingly discharge into a controlled body of water or
receiving stream.
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NPDES RPE Stormwater Permit Application
2. Receiving Streams for the Town of Black Mountain
French Broad River Basin — Swannanoa Watershed (from BIMS Report, 2010-01-23)
Stream
Receiving Stream
Stream
Water
Use
Water
Number
Name
Segment or
Quality
Support
Quality
Index #
Classification
Rating
Issues
1
Unnamed tributary to
E. of State
B
Unknown
Unknown
Swannanoa River
Hospital to
Swan. R.
2
Unnamed north fork to
Cragmont Rd.
B
Unknown
Unknown
Stream 1
to State
Hospital
3
Unnamed south fork to
S.E. of
B
Unknown
Unknown
Stream 1
Highland Farms
Dev.
4
Swannanoa River
6-78
C
FS
Unknown
5
Tomahawk Branch
6-78-9
B
Unknown
Unknown
6
Briar Branch
6-78-10-4
B
Unknown
Unknown
7
Wolf it Branch
6-78-10- 2
C
Unknown
Unknown
8
Laurel Branch
6-78-11-16
C
Unknown
Unknown
9
Unnamed south tributary to
Crosses Old
B
Unknown
Unknown
Swannanoa River
La key Gap Rd.
10
Camp Branch
6-78-7
C
Unknown
Unknown
11
Lynch Creek
6-78-7-2
C
Unknown
Unknown
12
Unnamed south fork tributary to
E. of La key
B
Unknown
Unknown
Camp Branch
Gap Chapel
13
Britton Creek
6-78-7-1
C
Unknown
Unknown
14
Flat Creek
6-78-6- 4
C
Unknown
Unknown
15
Unnamed west tributary to Flat
Enters Flat
B
Unknown
Unknown
Creek
Creek near
Stepp St. and
Judy Dr.
16
Unnamed NW tributary to Flat Creek
S.E. of Camp
B
Unknown
Unknown
Meri-Mac
17
Unnamed second NW tributary to
S. of
B
Unknown
Unknown
Flat Creek
intersection of
Flat Creek Rd.
and Montreat
Rd.
18
Unnamed North tributary to
Crosses U.S. 70
B
Unknown
Unknown
Swannanoa River
near
Pad etown Rd.
19
Unnamed east tributary to Stream
W. of Avena
B
Unknown
Unknown
18
Rd.
20
NcCoy Cove or unnamed tributary to
Adjacent to
B
Unknown
Unknown
Swannanoa River
McCoy Cove
Rd.
21
Unnamed west tributary to
S. of Green Dr.
B
Unknown
Unknown
Tomahawk Branch
22
Unnamed NW tributary to
N. of Green
B
Unknown
Unknown
Tomahawk Branch
Drive
Page 8
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NPDES RPE Stormwater Permit Application
3. Existing Water Quality Programs
3.1. Local Programs: List and briefly describe the existing water quality programs that are implemented
by your community within the MS4 service area.
The Town of Black Mountain has developed a Wellhead Protection Program as a component of its
Zoning Ordinance. The program creates a zoning overlay district within a specified radius of the
Town's wellhead sites. The program regulates and prohibits potentially polluting land uses within the
wellhead area. The radius of protection varies with each individual well site and its characteristics.
The Town's water system, which relies solely on groundwater, has wellhead sites scattered
throughout the jurisdiction.
The Town is in the fifth year of implementing its Phase II Stormwater Management Program which
has resulted in a local ordinance implementing Phase II Requirements and Stormwater review as part
of building and subdivision permit processing, as well as programming to meet the six minimum
measures as our Permit requires.
The Town of Black Mountain also has several targeted initiatives to improve or protect water quality
within our jurisdiction. These include:
• Rain gardens that collect, retain and treat run-off from with educational signage in municipal
parking areas and parks. One of these also serves a greenway trail and a popular dog park.
The Town will continue to look for opportunities to develop stormwater BMPS in conjunction
with municipal parks and parking lots.
• Stormwater collection demonstration at Townhall. The newly renovated Townhall facility was
completed in 2009, with rain barrels, landscaping and a rain garden.
• Stream Enhancement and streambank restoration along Flat Creek. With assistance from
North Carolina State University and the French Broad Water Quality Group, the Town
received a grant from the Division of Water Resources and the Pigeon River Fund to address
erosion and improve stream morphology along a stretch of Flat Creek. The Town also works
with and will continue to work with various school groups to conduct stream clean ups and
riparian corridor plantings along Flat Creek.
• Stormwater management along Tomahawk Branch and Lake. As a result of our Stormwater
Master Plan, the Town pursued and received ARRA funding to implement stormwater
management improvements within the Black Mountain Municipal Golf Course along
Tomahawk Branch, and to improve a sediment basin above Lake Tomahawk at Tomahawk
Municipal Park.
• Storm drain labels. With assistance from Land -of -Sky Regional Council, the Town labeled
storm drains to let the public know that our MS4 system drains to streams.
• Pet waste collection information and bags available at parks The Town has installed pet
waste collection signage and bag dispensers at parks where people tend to walk their dogs.
3.2. State Programs: existing programs that are implemented by the state within the MS4 service area.
The State Erosion and Sediment Control Program is administered in the Black Mountain and
Buncombe County by Buncombe County. The person responsible for the program is Mr. Michael
Brookshire and he may be contacted at the Buncombe County Planning Department, 46 Valley Street,
Asheville NC 28801. His phone number is 828-250-4848.
The Town does not administer a CAMA Land Use Plan, nor does it discharge into any territorial seas,
oceans or a TMDL controlled water body.
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NPDES RPE Stormwater Permit Application
4. Permitting Information.
4.1. Resoonsible Partv Contact List:
Measurable Goal
Name
Position
Phone
Fax #
E-mail
All goals unless as
Marcy
Town
828-
828-
[e-mail]
delegated below
Onieal
Manager
419-
419-
9300
4204
Education Plan,
Elizabeth
Planning
828-
828-
Elizabeth. tague@townofblackmountain
Public Involvement,
Teague
Director
419-
669-
org
Local Ordinances
99371
2030
(post construction
and illicit discharge
regulations)
Inspect system for
Bob Watts
Public
828-
828-
[e-mail]
illicit discharges,
Works
669-
669
Good housekeeping,
Director
7316
4204
MS4 maintenance
Training of Town
Marcy
Town
employees
Onieal, Bob
manger
Watts,
and
Elizabeth
Departm
Teague,
ent
Other
Heads
employees
as assigned
4.2. Organizational Chart for Black Mountain's Stormwater Program:
Town Manager I
I Town Board
Marcy Onieal
Of Aldermen
Planning Director Public Works
Parks and Rec
FDirector
Elizabeth Teague
Director Bob Watts
Jim Orr
Land Use Regulations I Street Department
and Permitting
Other Department
Heads
4.3. Signing Official:
Marcy Onieal, Black Mountain Town Manager will be the individual signing the application and report.
Black Mountain has adopted the council — manager form of government. As the Town Manager, Ms.
Onieal is the principle executive officer of the municipality.
4.4. Duly Authorized Representative
The Town of Black Mountain is not delegating permit application responsibility.
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NPDES RPE Stormwater Permit Application
5. Co -Permitting Information (not applicable)
The Town of Black Mountain is not seeking to co -permit its NPDES Phase II Stormwater Permit
application, or any portion thereof, at this time but does depend on other agencies for
implementation of portions of its permit (see Section 6 following).
6. Reliance on other government entity to satisfy one or more permit obligations
If you are relying on another government entity to satisfy one or more permit obligation and are not
applying as co-permittees, provide the following information on each entity and the permit obligation:
-Sedimentation and Erosion Control:
Buncombe County Planning Department
Erosion and Sedimentation Control Program
Mr. Michael Brookshire
Buncombe County Planning Department, 46 Valley Street, Asheville NC 28801.
Phone number 828-250-4848.
A legal agreement is in place establishing the relationship between the County and the Town for
administration of this program.
-Hazardous Materials:
North Carolina Hazardous Materials Regional Response Team
C/O Asheville Fire Department
P.O. Box 7148
Asheville NC 28802
828 259 5636
Statutory authority is in place for the RRT to respond to emergencies in Black Mountain
-State Road Maintenance:
N.C. Department of Transportation
Highway Division 13
Jay Swain
Division Engineer
P.O. Box 3279
Asheville NC 28802
Phone number 828 2516171
The State of North Carolina owns and maintains the roads listed in the table at section 1.4.
- Public Education Assistance (in addition to Town Educational Initiatives):
Land -of -Sky Regional Council
Bill Eaker
Environmental Services Director
339 Leicester Highway, Suite 140
Asheville, NC 28806
[phone]
Black Mountain is a member of the Regional Council of Governments and participates in regional
initiative to produce public information on stormwater management.
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NPDES RPE Stormwater Permit Application
7. Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
1
Implement
A. Regional materials developed on
X
X
X
X
X
Planning Director
Education
Regulations and Phase II Information
Plan
(PSA, brochure, website)
B. Information provided on Town
X
X
X
X
X
website and at Town Permit Office.
Public Works
C. Demonstration sites established and
X
X
X
X
X
Director or Parks
maintained at Townhall, Bi-Lo Park,
Director
and Arts Center
D. LID Workshops for Developers
X
X
E. Advertise Clean Water Contractors
X
X
X
X
X
Certification Course
F. Storm drains labeled to prevent illicit
X
X
X
X
X
discharge
7.1.1 Target Audience:
Our target audience is homeowners and the development community. To reach this audience,
the Town has focused our educational resources on providing examples for home -owners (such
as the rain -barrels at townhall and through PSA developed by Land -of -Sky Regional Council) and
providing information through the Town's building and Zoning permits Department. We have
chosen this group because Black Mountain is primarily a residential community. We also feel that
there is a need to educate and generate support from the general public for Stormwater
Regulation and control.
7.1.2 Target Pollutants:
Sedimentation continues to be our primary target pollutant source and the reason our program
directs educational resources to our local development community. We also have developed
materials that teach citizens to be aware of run-off pollutants from yards and streets and the
importance of keeping drains and ditches free of debris.
7.1.3 Outreach and Decision -making Methodology:
The Town participated in a regional work group convened by Land -of -Sky Regional Council to
develop PSAs, brochures, and website information. Locally, we provide this information to the
public and the development community through the Town's Building and Zoning Office (part of
the Planning and Development Services Department) and on our Town website. The Town's
Planning Department held a series of workshops for contractors and developers that covered LID
techniques and stormwater management basics. We also developed several demonstration sites
throughout various Town properties to provide examples of how stormwater management can
work. Feedback on both the educational materials and demonstration sites has been positive and
workshops held to date have been well attended. The Town will continue to offer these
informational materials and workshops on an on -going basis.
Page 12
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NPDES RPB Stormwater Permit Application
7.2 Public Involvement and Participation
#
BMP
Measurable Goals
Y'
R
1
Y
R
2
Y
R
3
Y
R
4
Y
R
5
Responsible
Position
2
Involve the Public in all
A. Stormwater Committee appointed
X
X
X
X
X
Planning
permit and regulatory
and reconvened as needed.
Director
development
B. Phase II Ordinance reviewed and
X
X
adopted and then re -visited as part
of Land Use Code updates by
Planning Board and Aldermen
7.2.1 Target Audience:
The Town of Black Mountain is blessed with an active and educated public. Our primary target
for public participation is our Town boards and Commissions as well as the general public. To
adopt the Phase II Ordinance, the Town appointed a stormwater, committee which drafted local
regulations based on a model ordinance provided by the Institute of Government. Members of
the committee included local developers, a local environmental planning firm, Town staff and
citizen volunteers. This committee will be re -convened and invited to work with our Planning
Board should our ordinance need to be updated or improved.
Recently, the Phase II ordinance was reviewed again as part of a comprehensive land use
regulation update by the town Planning Board and Board of Aldermen which goes into effect
March 14, 2010. Meetings of the Aldermen are televised and streamed on our Town website and
all planning board meetings are advertised and opened to the public.
In addition to Town government panels and public process, the Town works with local volunteer
groups including Montreat College, Warren Wilson College, and RiverLink, on stream and river
clean-ups. The Town will continue to involve the public in both our governmental procedures and
in supporting and promoting volunteer opportunities.
7.2.2 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the
existing conditions in Black Mountain and our best judgment on the most effective method to
achieve these goals. In the past 5 years of this program, we have been successful in meeting all
public involvement requirements through the passage of the Phase II rules and in working with
multiple volunteer groups and organizations.
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NPDES RPE Stormwater Permit Application
7.3 Illicit Discharge Detection and Elimination
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
3
Implement and
A. The Town adopted and enforces an
X
X
X
X
X
Planning
enforce and Illicit
illicit discharge rules as part of our
Director
Discharge Ordinance
Phase II Ordinance
B. The Town created and maintains a
X
X
X
X
X
map of outfall locations of the MS4
system into local receiving streams
C. The MS4 is inspected periodically for
X
X
X
X
X
illicit discharges.
D. Complaints of illicit discharges are
X
X
X
X
X
investigated by the Planning
Department.
7.3.1 Target Audience:
This BMP targets all citizens by providing the Town a system of enforcement for illicit discharges.
It also requires staff to maintain a map of outfalls which is periodically updated. For example,
the Town produced a map with the help of Montreat College in 2005 and then updated their
information as part of the 2009 Stormwater Master Plan.
7.3.2 Outreach and Decision -making Methodology:
The Town of Black Mountain adopted the model regulations provided along with the included list
of allowable discharges, as a regulatory structure for implementing this BMP. The Town of Black
Mountain does allow discharges from residential and non-residential roof gutters as an occasional
incidental non-stormwater discharge into our MS4. Charity car washes, church and non-profit
vehicle washing or other non-commercial vehicle washing are also be allowed but may be limited
in frequency and location. We do not believe that these discharges are a significant source of
pollutants to the MS4 because of their nature.
Town employees, especially those working in the Public Works, Parks and Recreation and
Planning Departments receive training on the hazards of illicit stormwater discharges and
improper disposal of waste. Businesses and the general public will be informed about illicit
discharges as a component of our public education program.
Initially, the Town of Black Mountain searched for illicit discharges as we created the outfall map.
By the second year of our program we had our ordinance in place and staff assigned to
investigate discharges and trained employees in our Public Works department to be vigilant for
illicit discharges as they carry out maintenance activities for our streets and drainage facilities.
When an alleged illicit discharge is detected, Town staff follows the substance back to its source
using odor, color, viscosity etc. as indicators. If necessary, we will use dye to help establish the
path of the discharge. Through this method one such discharge in the past year was identified
by our Public Works staff, and investigated by the Planning Director with assistance from our local
EPA office, and corrected.
The Stormwater Master Plan which was recently completed, updated our outfall map and
identified locations of potential concern which we continue to monitor. It also provided a Capital
Improvement Program which the Town will continue to implement through annual budgeting and
the pursuit of grant funding.
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NPDES RPE Stormwater Permit Application
7.4 Construction Site Stormwater Runoff Control
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
4
Enforcement of
A. Coordinate local complaints and
X
X
X
X
X
Planning
County Erosion and
building permits with the Buncombe
Director
Sediment control
County Erosion and Sediment
Program
Control Program staff.
The Town of Black Mountain will continue to rely on the Buncombe County.Erosion and Sediment Control
Program to meet the requirements of this component of the Phase 11 Program. The Town recognizes that
sedimentation is the number one pollutant of Stormwater in western North Carolina and has designated it
as our primary pollutant for our public education program and local initiatives for water quality along our
major streams.
The Town Planning Department (which includes zoning and building inspections) maintains a strong
working relationship with the County Erosion control Officer and keep him informed of potential violations
on building sites.
7.5 Post -Construction Storm Water Management in New Development and Redevelopment
#
BMP
Measurable Goals
YR
1
YR
2{
YR
3
YR
4
YR
5
Responsible
Position
5
Enforce a Post —
A. The Town of Black Mountain enforces
X
X
X
X
X
Planning
Construction
the model Post Construction
Director
Stormwater
Stormwater Discharge Ordinance that
Discharge
meets the requirements contained at
Ordinance
section 15A NCAC 2M.0126(10), Post
Construction Stormwater Management.
B. Enforce a 30 foot separation between
X
X
X
X
X
built -upon areas and surface waters.
C. Require deed restrictions and
X
X
X
X
X
protective covenants to maintain the
facilities and restrictions.
D. Limit slope construction and encourage
LID and conservation design.
X
X
X
X
X
7.5.1 Non -Structural BMPs: Describe any non-structural BMPs in your program:
In addition to our Phase II Ordinance that governs post -construction run-off, our new Land Use Code
effective March 14, 2010, provides additional regulations to limit development and disturbance on steep
slopes and to promote conservation subdivision design, directing disturbance to the least sensitive areas
of a site in accordance with LID principles.
The Land Use Code also revised the zoning map so that higher density residential develop is directed
along major corridors where there is storm sewer infrastructure and the land is more flat to promote infill,
while steeper areas and floodplains are protected by more restrictive and less dense zones.
The Town provides information and workshops to the development community and neighborhood
associations through our Planning Department.
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NPDES RPE Stormwater Permit Application
7.5.2 Structural BMPs: Describe structural BMPs in your program:
The Post- ConstructionStormwater Discharge Rules contained in our Phase II Ordinance require
permanent, structural BMPs be in place prior to Certificates of Occupancy being issued for new
development or redevelopment. Examples of structural BMPs in new development and redevelopment
that the Town has seen since the Phase I Ordinance was adopted have included.
• Dry detention and wet detention ponds;
• Rain gardens and planted swales;
• Rain barrels and underground storage tanks that capture rain from roof tops for re -use in
landscaping;
• Use of vegetated open space in conjunction with a level spreader;
• French drains; and
• Vegetated and/or riprapped ditches in lieu of curb and gutter design in conjunction with
grassed swales, planted retention areas, or filter strips.
7.5.3 Regulatory Mechanism:
The Towns Land Development Regulations (Chapter 8 of our New Land Use Code) includes the Erosion
and slope Protection Ordinance, the Phase II Ordinance, and the Town's Landscaping requirements, as
well as the Town's Special Requirements for Conservation Subdivisions re attached.
7.5.3 Operation and Maintenance:
Structures placed as part of Phase II requirements shall be monitored periodically and on an annual basis.
The Town specifies within the Post Construction Discharge Ordinance that failure to properly operate and
maintain the required BMP's will be a violation of the ordinance, punishable by civil or criminal penalties.
7.5.4 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the existing
conditions in Black Mountain and our best judgment on the most effective method to achieve these goals.
As a result our program combines public initiatives for demonstration, education and involvement (see
3.1, 7.1 and 7.2) with a regulatory framework which enforces pre -and post construction requirements of
Phase II. Therefore, in our program the Town aspires to target both the professional development and
construction community as well as their clients and to create a line of accountability throughout the
permit process. So far the Town has been successful and Town staff will continue to strive for continued
improvement in our program.
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NPDES RPE Stormwater Permit Application
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
6
Implementing a Municipal
A. The Town will develop and
X
X
X
X
X
Department
Operations Stormwater
adopt a Municipal
Heads and
Safeguard program that
Operations Stormwater
Town Manager
specifies Town operations to
Safeguard Program.
minimize stormwater pollution.
B. Train employees to prevent
X
X
X
X
X
and reduce stormwater
pollution,
C. Carry out good-
X
X
X
X
X
housekeeping policies for
stormwater pollution
prevention and reduce
pollutant run-off, particularly
sediment, from municipal
sites.
7.6.1 Affected Operations: list municipal operations that are impacted by this operation and
maintenance program and include list of industrial facilities you own or operate subject to NPDES
Stormwater General Permits.
This pollution prevention/good housekeeping program affects all municipal operations generally, and adds
responsibilities to the specific departments that maintain municipal vehicles, properties and streets:
Fire Department,
• Water Department,
• Street Department,
• Recreation and Parks Department, and
• Golf Course Operations Department.
The Town of Black Mountain does not own or operate transportation or transit service, a wastewater
treatment plant, landfill, recyclables processing center, mining operation, and airport or marina. The
Town of Black Mountain does not currently possess any general or industrial NPDES Permits.
7.6.2 Training:
The Town of Black Mountain staff are trained in maintenance activities which prevent pollution.
Additionally, the Town provides opportunities for continued training of staff as training opportunities arise.
The town Planning Director, for example received is a Certified Stormwater Reviewer from training
provided by NC State University.
7.6.3 Maintenance and Inspections: Describe maintenance activities, maintenance schedules,
and inspection procedures for controls to reduce fioatables and other pollutants to your MS4.
The Town regularly maintains streets and other facilities within the MS4 through regularly scheduled
street sweeping and maintenance as part of Black Mountain's Municipal Operations Stormwater Safeguard
program.
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NPDES RPE Stormwater Permit Application
7.6.4 Vehicular Operations:
The Town of Black Mountain's fleet consists of emergency service vehicles, maintenance trucks, dump
trucks, and 2 vans. Most vehicle maintenance services are provided by local motor vehicle service
stations, mechanics and tire shops. The public works department and fire department do minor repairs,
oil changes, and day to day maintenance on vehicles within their indoor facilities where good
housekeeping practices are managed.
7.6.5 Waste Disposal:
The Town implements procedures for appropriate disposal of waste removal from the MS4 and maintains
a contract with GDS, Inc. for proper tipping of waste collected within the Buncombe County Solid Waste
Service.
7.6.6 Flood Management Projects:
The Town of Black Mountain is a participant in the regional Swannanoa Flood Mitigation Strategy
currently being funded by North Carolina Senate Bill 7 funding in partnership with Buncombe County and
the City of Asheville. This program is working to implement flood mitigation and safety strategies
throughout the Swannanoa Watershed through the following initiatives:
• Public dam safety evaluations and emergency action planning;
• Additional rain gauges to monitor rain fall and water levels as part of a regional warning
system; and
• Pursuit of conservation areas and property buy-out within the floodplain.
This project is still in development and has had support from both the Army Corps of Engineers and NC
Division of Emergency Management.
7.6.7 Existing ordinances:
The Town of Black Mountain has updated its zoning ordinance through an extensive public process that
involved Town Committees, public workshops, the Planning Board and staff and the Town Board of
Aldermen. The Land Use Code is subject to continual review and revision including those provisions
related to water quality issues and pollution.
7.6.8 Other evaluations:
Through the Stormwater Master Plan, the Town's stormwater infrastructure was evaluated and areas of
improvement were identified for future funding.
7.6.9 Outreach and Decision -making Methodology:
The decision process for this BMP was based on the requirements of the Phase II program, the existing
conditions in Black Mountain and our best judgment on the most effective method to achieve these goals.
7.6.10 Evaluation:
The Town evaluates staff and policy performance through annual staff evaluations for all employees,
supervisors and Department Heads. In addition the Town has pursued and will continue to pursue the
evaluation measures listed in the following table for our Phase II Program.
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NPDES RPE Stormwater Permit Application
MASTER BMP'S AND GOALS TABLE
Black Mountain N.C.
7.1 BMP's and Measurable Goals for Public Education and Outreach
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
i
Implement
-At least 5 Workshops conducted for developers
X
X
X
X
X
Planning
Education Plan
and contractors over the course of a 5 year
Director
period.
-Continued distribution of stormwater brochures
X
X
X
X
X
and information via the Town's permitting
office.
-Installation of interpretive signage at
X
X
X
X
X
demonstration areas and Town facilities.
-Storm drain information on all new or replaced
X
X
X
X
X
stormdrains.
7.2 BMP's and Measurable Goals for Public Involvement and Education
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
1
Involve Public in all
-Implementation of Phase II Regulations
X
X
X
X
X
Planning
permit and regulatory
through Town Planning Department and
Director
development
Planning Board.
-Use of volunteers for at least 5 stream
X
X
X
X
X
clean ups or stream improvement
projects during 5 year permit period.
- Hold public hearings for any
X
X
X
X
X
amendments or reviews to local rules.
7.3 BMP's and Measurable Goals for Illicit Discharge Detection and Elimination
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YRJ
5
Responsible
Position
1
Implement and enforce
-The Town maintains a map of
X
X
X
X
X
Planning Director
and Illicit Discharge
outfall locations of the MS4 system
Ordinance
into local receiving streams
Public Works and
-The MS4 is inspected periodically for
X
X
X
X
X
Parks Directors
illicit discharges.
Planning Director
-Complaints of illicit discharges are
investigated by the Planning
X
X
X
X
X
Department.
7.4 BMP's and Measurable Goals for Construction Site Stormwater Runoff Control
#
BMP
Measurable Goals
YR I
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
4
Enforcement of County
-Coordinate local complaints and
X
X
X
X
X
Planning
Erosion and Sediment
building permits with the Buncombe
Director
control Program
County Erosion and Sediment Control
Program staff.
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NPDES RPE Stormwater Permit Application
7.5 BMP's and Measurable Goals for Post -Construction Stormwater Management in New
Development and Redevelopment
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
5
Enforce a Post —
A. The Town of Black Mountain will
X
X
X
X
X
Planning
Construction
continue to enforce the model Post
Director
Stormwater
Construction Stormwater Discharge
Discharge
Ordinance that meets the requirements
Ordinance
contained at section 15A NCAC
2H.0126(10), Post Construction
Stormwater Management.
B. Enforce a 30 foot separation between
X
X
X
X
X
built -upon areas and surface waters.
C. Require deed restrictions and protective
X
X
X
X
X
covenants to maintain the facilities and
restrictions.
D. Limit slope construction and encourage
LTD and conservation design.
X
X
X
X
X
7.6 BMP's and Measurable Goals for Pollution Prevention and Good Housekeeping for
Municipal Operations
#
BMP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
6
Implementing a Municipal
D. The Town implements a
X
X
X
X
X
Department
Operations Stormwater
Municipal Operations
Heads and
Safeguard program that
Stormwater Safeguard
Town Manager
specifies Town operations to
Program.
minimize stormwater pollution.
E. Train employees in all
X
X
X
X
X
Departments to prevent and
reduce stormwater pollution.
F. Carry out good-
X
X
X
X
X
housekeeping policies for
stormwater pollution
prevention and reduce
pollutant run-off, particularly
sediment, from municipal
sites.
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