NCS000427_APPLICATION_20030310

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
AiLs () U O C.t a-7
I
DOC TYPE
❑FINAL PERMIT
❑ A�UAL REPORT .
DAPPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ r, 316
YYYYMMDD

TowN of C�zy
NPDES Phase H Permit Application Package
Adopted by .Town Council on February 27, 2003
Submitted to NC DWQ March 10, 2003
Revisions submitted to NC DWQ June 28, 2004
0
�'G
DO
Vow4 U by NIO—y IAW.iue
/ Mayor, Ernie McAlister
Town Manager, William B. Coleman, Jr.

•
0
TowN of CARY
NPDES PHASE 11 STORMWATER PERMIT APPLICATION PACKAGE
TABLE OF CONTENTS
1. RESOLUTION
2. NPDES STORMWATER PERMIT APPLICATION FORM
3. STORMWATER MANAGEMENT PROGRAM NARRATIVE
4. APPENDIX A - RECIVING STREAMS
5. APPENDIX B - BMPS AND MEASURABLE GOALS
6. APPENDIX C- STORMWATER ORDINANCES
7. APPENDIX D - PUBLIC HEARING
Town of Cary NPDES Phase II Pernvt Application Package 06/28/04

• OFrlcl, OF THE MAYOR
TOWN Of CAItY
ro Rt,. 9005
316 Nonli Ac dctny St—i
CGry NC 2751 2-8005
id 91`J-469.4o13
fAx 919-46o4gio
0
2
1_. t ow nnfca,, o rg
RESOLUTION
Authorization to Submit National Pollutant Discharge Elimination System Phase II Permit
Application and Stormwater Management Plant
WHEREAS, The United States Congress passed the Clean Water Act in 1972 and amended said
Act in 1987 to address controls for pollution carried by stormwater; and
WHEREAS, The Environmental Protection Agency (EPA) was authorized to define and proscribe
a program of measures to improve the quality of water in our national and state streams, rivers
and water bodies under the National Pollutant Discharge Elimination System (NPDES) and
promulgated Phase II rules on December 9, 1999 affecting communities and institutions under
100,000 population; and
WHEREAS, the State of North Carolina is delegated by EPA to establish a regulatory program for
NPDES Phase II and has established rules and regulations as required; and
WHEREAS, the Town of Cary has been notified of and is legally designated to comply with the
NPDES Phase II regulations as established by EPA and the State, requiring the submittal of a
permit application and stormwater management plan; and
WHEREAS, the regulations require designation of the legally responsible party and authorization
for submittal of the application and stormwater management plan; and
WHEREAS, the Town of Cary supports the goals and objectives of the regulatory program to
provide a safe and healthy environment for all its citizens.
NOW THEREFORE, the Town of Cary on this 271h day of February in 2003, is hereby resolved to
the following-
1. The Town Manager, William B. Coleman, Jr., shall sign and submit on behalf of the Town
of Cary no later than March 10, 2003, the necessary documentation for compliance with
the NPDES Phase II program requirements as established by the State; and
The Town Manager or his designee shall carry out all necessary strategies and
requirements as set forth in the stormwater management plan developed and submitted
as required by the NPDES Phase II regulations, to ensure compliance on behalf of the
Town of Cary.
i
o�fen ang, M or
Sue Rowland, Town Clerk

State of North Carolina OFFIC USE ONLY
tepartment of Environment & Natural Resources Date Rec'd
ivision of Water Quality Fee PaidPermit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES Sormwater 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 Cary
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)
Wake (primary), Chatham (secondary)
f.
Jurisdictional Area (square
43
miles
g.
Population
Permanent
104,000
Seasonal (if available)
N/a
h.
Ten-year Growth Rate
21.5%
L
Located on Indian Lands?
❑ Yes XNo
II. RPE / MS4 SYSTEM INFORMATION
19
a. Storm Sewer Service Area
43
(square miles)
b. River Basin(s)
Neuse River (75%), Cape Fear River (25%)
c. Number of Primary Receiving
1.
Crabtree Creek (NEU)
Streams
2.
Walnut Creek (NEU)
3.
Swift Creek (NEU)
4.
Middle Creek (NEU)
5.
White Oak Creek (CPF)
6.
Panther Creek CPF
d, Estimated percenta e of jurisdictional area containing the following four land use activities:
• Residential
41
Commercial
12
Industrial
3
• Dpen Space
44
Total =
100%
Page 1
SWU-26,1-103102

NPDES RPE Stormwater Permit Application
e. Are there significant water
quality issues listed in the ZYes ❑ No
attached application report?
III. EXISTING LOCAL WATER QUALITY PROGRAMS
1
a. Local Nutrient Sensitive Waters Strategy
Yes ❑ No
b. Local Water Supply Watershed Program
Yes ❑ No
c. Delegated Erosion and Sediment Control Program
Yes 0,klo
d. CAMA Land Use Pia
❑ Yes No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
•
a. Do you intend to co -permit with
❑YesNo
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
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 KNo
b. If yes, identify each entity and the element they will be implementing
Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
❑Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
•
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
William B. Coleman, Jr.
has been delegated
b. Title/position of person above
Town Manager
c. Documentation of board action delegating permit authority to this person/ position must be
provided in the attached application report. Resolution Attached
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
IRII. SIGNING OFFICIAL`S STATEMENT
A
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. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
, , f jCQL4 CttA.,
Name
William B. Coleman, Jr.
Title
Town Manager
Street Address
318 N Academy St
PO Box
8005
City
Cary
State
NC
Zip
27512
Telephone
919-469-4006
Fax
919-469-
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
E
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
Terry Warren
b.
Title
Stormwater Services Manager
c.
Street Address
31.8 N Academy St
d.
PO Box
8005
e.
City
Cary
f.
State
NC
g.
Zip
27512
h.
Telephone Number
919-469-4076
i.
Fax Number
919-388-1134
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
0 PERMITS AND CONSTRUCTION APPROVALS
•
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
Management Program
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
North Cary WWTP NCO048879
Permit Number
South Cary WWTP NCO065102
Public Works & Utilities Director - R. Kim Fisher
d.
Prevention of Significant
Deterioration (PSD) Program
e.
Non Attainment Program
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
re -construction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
Individual permits are applied for as needed for Town
section 404 of CWA
construction projects including road projects
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
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6, Estimate Methodology
1.7. TMDL Identification
0 RECEIVING STREAMS
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
•7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Pi
Page 5
SWU-269-103102

• Stormwater Management Program Narrative
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
e 5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education And Outreach On Storm Water Impacts
7.2. Public Involvement And Participation
7.3. Illicit Discharge Detection And Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management In New Development And
Redevelopment
7.6. Pollution Prevention/Good Housekeeping For Municipal Operations
APPENDICES
A. Receiving Streams
B. BMPs and Measurable Goals
C. Stormwater Ordinances
0

• 1. Storm Sewer System Information
1.1. Population Served: The permanent population is approximately 104,000 per the
Town of Cary Planning Department. (Estimated Population for January 1, 2003 =
104,214)
1.2. Growth Rate: The population growth rate for the service area calculated based on the
simple analysis of the relative change between the US Census population in 1990
and 2000 stated as a percent change, annualized by dividing the percent change by
10 yields a growth rate of 21.5%. 1990 census population was 43,858; 2000 census
population was 94,536. Total change for the 10 year period was 215%.
1.3. Jurisdictional and MS4 Service Areas: The jurisdictional area is approximately 43
square miles The service area is approximately 43 square miles. There are
approximately 315 miles of storm drain line per our GIS system. Preliminary results
from our pilot stormwater inventory project indicate this figure may be much higher.
1.4. MS4 Conveyance System: Stormwater is transmitted through a system of closed
pipes and open ditches to a network of natural streams and manmade lakes. High
density areas have curb and gutter with closed pipes that empty to streams via flared
end section pipes. There are few direct pipes to streams. Low density development
is served by either curb & gutter or swales and yard inlets which then carry
stormwater via closed pipes to natural streams.
The maintenance of this stormwater infrastructure is divided into public and private
responsibilities. The publicly maintained system is along the road right-of-way. The
Town is responsible for keeping the catch basins along public roads and culverts
which carry streams under roads clear of debris so that runoff can flow freely.
Infrastructure on private property (further than 10 feet from the road) should be
maintained by the property owner. Drainage swales and stormwater outfalls should
be regularly maintained to remove any accumulated debris. Streams should also be
maintained by the homeowner, but in accordance with local, state, and federal rules.
Maintenance is performed by the Town's Department of Public Works and Utilities on
an as -needed basis as problems are found usually due to flooding problems and/or
citizen complaints. There is currently no regularly scheduled inspections and
maintenance program for stormwater infrastructure. The stormwater inventory will
include an assessment of the condition and maintenance needs for stormwater
structures.
1.5. Land Use Composition Estimates:
LAND USE
ACRES
PERCENT
Residential
13,625
41
Commercial
3830
12
Industrial
1126
3
Open Space
14403
44
1.6. Estimate Methodology: The land use figures are based on existing land use within
the Town's ETJ per our GIS system. Residential includes very low, low, medium and
high denisty residential land uses. Commercial includes office/institutional,
Town of Cary NPDES Phase 11 Stormwater Permit Narrative

S commercial and mixed uses. Industrial includes office/industrial and utilities, and
open space includes vacant properties, agriculture/forest, parks, and lake areas.
•
0
TMDL Identification:
Jordan Lake - modeling effort is underway to determine sources of nutrient
impairment and develop a TMDL for the upper lake; 25% of the Town's area drains to
Jordan Lake
Swift Creek - watershed assessment is underway to determine sources of impairment
and potentially develop a TMDL
Town of Cary NPDES Phase 11 Stormwater Permit Narrative

• 2. Receiving Streams
0
Seventy-five percent of the area drains to the Neuse River. The remaining twenty-five
percent enters the Cape Fear River through Jordan Lake. The most significant receiving
streams are listed in Table 1.
Table 1. Receiving Stream Overview
Receiving Stream Name
River Basin
Water Quality
Classification
Water Quality Issues
Crabtree Creek
Neuse
C-NSW
Urban stream
Walnut Creek
Neuse
C-NSW
Urban stream
Swift Creek
Neuse
WS-Iv
Biological impairment
Middle Creek
Neuse
C-NSW
Urban steam
Panther Creek
Cape Fear
WS-Iv
Jordan Lake TMDL
White Oak Creek
Cape Fear
WS-Iv
Jordan Lake TMDL
See Appendix A for an expanded list of receiving streams.
Town of Cary NPDES Phase I! Stormwater Permit Narrative

Town of Cary
Streams and Watersheds
Ic
n
I
1
D
Back
v
Middle
Creek'
ee* le
Cre nse;
n
Basal C k ff ke) M I .q
d
0
ER

4 3. Existing Water Quality Programs
3.1. Local Programs: The following are existing water quality programs that have been
implemented within the Town of Cary MS4 service area.
3.1.1. Water Supply Watershed Protection
There are two water supply watersheds in the Town of Cary jurisdiction, the Swift
Creek Watershed and the Jordan Lake Watershed. Development in these areas
require additional protective measures because they drain to water supply
reservoirs which provide drinking water to Raleigh and Cary. The North Carolina
Water Supply Watershed Protection Rules adopted in 1992 required that all local
governments having land use jurisdiction within water supply watersheds adopt
and implement water supply watershed protection ordinances, maps, and a
management plan. The adopted. plans allow development within these
watersheds provided that certain conditions are met.
The Town administers a locally delegated program for protecting the Jordan Lake
Watershed and administers requirements of the Swift Creek Land Management
Plan. There are specific requirements for both low and high density development
projects. There is a 70% built -upon area cap for high density development in both
Swift Creek and Jordan Lake watersheds. Specific areas within the Swift Creek
watershed are subject to additional restrictions on built -upon area. Other
requirements for new development include stream buffer requirements and the
installation of best management practices (BMPs) for the control of stormwater
runoff (quality and quantity).
40 The Town of Cary accepts BMPs which are approved by the State for Total
Suspended Solids removal. The North Carolina Department of Environment and
Natural Resources (DENR), Water Quality Section (DWQ) has published a
manual that explains design requirements for the different BMP devices that may
be used for water quality protection. These protective measures and the design
calculations must be supplied during the plan review process.
In an effort to ensure that the watershed protection devices will be maintained
over the life of the project, the Town of Cary requires that extensive
documentation be supplied and filed with Wake County to ensure compliance.
3.12 Sediment and Erosion Control
In 1985 the Town of Cary implemented a local sedimentation and erosion control
program. This program is modeled after the North Carolina Department of
Environment and Natural Resources sedimentation rules and regulations. The
Town of Cary's program is more restrictive in some cases. The Town of Cary's
Erosion Control Program ensures that developers in Cary's jurisdiction have
approved erosion control plans, obtain grading permits prior to any ground
disturbing activity and follow their approved erosion control plan. Periodic
inspection of construction sites ensure the projects are in compliance.
Erosion control plans must be supplied by the Financially Responsible Party of
any property that disturbs over 12,000 sq. ft. An erosion control plan consists of
erosion control measures sufficient to keep sediment on site. All items on the
erosion control check list must be addressed to have a complete erosion control
• plan. The erosion control plan review is part of the regular plan review process.
Town of Cary NPDES Phase !! Stormwater Permit Narrative 4

Single family homes can disturb up to one acre without obtaining a grading
permit. However, an erosion control inspection is required prior to any other
inspection.
The Town of Cary Sedimentation Erosion Control program was recognized in
1998 and 2001 by the North Carolina Sedimentation Control Commission as the
annual outstanding Erosion and Sedimentation Control Local Program. The
State of North Carolina, has in the past and continues today, to look to the Town
of Cary Sedimentation and Erosion Control program as the model Local
Sedimentation program throughout the State.
3.1.3. Neuse River Nutrient Sensitive Waters - Urban Stormwater Program
The Town administers a locally delegated program for urban stormwater
management. The Town of Cary Stormwater Management Program for Nitro err
Control was adopted by the State of NC in October 2000. The local program
became effective in March 2001.The following summarizes the four program
areas required under the Neuse Stormwater Rule.
1. New Development Review/Approval
New development must meet the State's 30% total nitrogen (TN) reduction goal
by implementing planning considerations and stormwater best management
practices. The rule imposes a 3.6 pounds per acre per year (lblaclyr) nitrogen
loading limit on new development. In some cases, Nitrogen load from new
developments that exceeds this performance standard may be offset by payment
of a fee to the Wetlands Restoration Fund. In addition, new development must
control peak runoff from each site. And, 50 and 100 foot stream buffers must be
preserved.
2. Illegal Discharges
The Town will establish a program to prevent, identify and remove illegal
discharges. Illegal discharges are flows into the stormwater collection systems
that are not associated with Stormwater runoff or an allowable discharge. Illicit
discharges enter the system through either direct connections (e.g., wastewater
piping either mistakenly or deliberately connected to the storm drains) or indirect
connections (e.g broken sanitary systems, spills collected by drain outlets, or
paint or used oil dumped directly into a drain). The result is untreated discharges
that contribute high levels of pollutants, including heavy metals, toxics, oil and
grease, solvents, nutrients, viruses, and bacteria to receiving waterbodies.
Pollutant levels from these illicit discharges have been shown in EPA studies to
be high enough to significantly degrade receiving water quality and threaten
aquatic, wildlife, and human health.
The Town is required to develop and submit to the State, maps of the stormwater
infrastructure. At least 10% of the Town is to be mapped each year. At a
minimum the maps must include the location of stormwater outfalls on a base
map. Survey grade mapping of the stormwater system began in September
2002.
3. Retrofit Locations
Each year the Town of Cary must identify 4 potential sites for retrofitting existing
development to reduce total nitrogen loads. In urban areas, much of the
development took place prior to water quality rules requiring quantity or quality
Town of Cary NPDES Phase tt Stormwater Permit Narrative

controls for the reduction of stormwater impacts. Therefore, the Town of Cary will
• conduct an annual review of potential sites for implementing Best Management
Practices to reduce water quality impacts from developed areas. A list of
potential sites will be provided annually to the State.
4. Public Education
The Neuse Stormwater Rule requires the Town of Cary to develop an
environmental education program to address stormwater quality impacts
including nitrogen -loading issues. The public education action plan consists of
activities including local advertising, participation in a mass media campaign,
public workshops, brochures, participation in public events, and storm drain
stenciling.
3.1.4. Riparian Buffer Protection
On July 27, 2000, the Cary Town Council approved an ordinance amending its
development ordinance to require riparian buffers within the Town's jurisdiction
and ETJ. the buffer rules were developed in response to the Neuse River Basin
NSW rules for nitrogen control. To protect its finite natural resources, Cary has
gone above and beyond the requirements of the Neuse rules. Instead of
requiring 50 foot buffers on all USGS and Soil Survey streams Cary is requiring
100 foot riparian buffers on all USGS streams (perennial & intermittent) and 50
foot buffers on all streams mapped on the Wake County Soil Survey. In addition,
the buffers are required across all of Cary including areas within the extra-
territorial jurisdiction, This will include streams in the Neuse River and the Cape
Fear River basins.
• 3.1.5. Master Planning
Effective stormwater programs include a comprehensive planning process that
addresses water quality at the local level. Cary has begun incorporating
stormwater planning into its land use planning processes as needed to address
Specific issues. Two stormwater plans are currently under development.
Town Center
In August 2001, the Town adopted a revised land use plan for its downtown area
(TCAP). The TCAP envisions shifting downtown land uses from the current mix
of urban development and low density residential areas to a higher density mix of
urban and residential land uses. At build -out, the impervious area within the
Town Center is projected to increase from between 30 and 40 percent (existing)
to approximately 70 percent. The plan encourages redevelopment of specific
sites which may exceed the current impervious area limit of 70 percent built upon
area.
Development and redevelopment within the Town Center is subject to Town
Ordinances including Flood Damage Protection, Nitrogen Control for New
Development, and drainage requirements per the Town's site & subdivision
ordinances. The requirements of the Swift Creek Land Management Plan apply
to new development in the southwest quadrant of the Town Center.
These ordinances are among the most stringent water quality regulations in the
State. Providing on -site water quality and quantity controls on individual project
sites is challenging for high -density development projects. A stormwater master
plan that addresses the impacts of increased development on water quantity and
quality will be completed in 2003 in order to facilitate redevelopment.
Town of Cary NPDES Phase It Stormwater Permit Narrative 6

•
Northwest Cary
The Northwest Cary Area Plan (NWCAP) is a master plan for over 8,000 acres in
the northwestern portion of Cary's planning area. It is a policy document which
establishes the Town's official long-range vision and recommendations for future
land uses, transportation, parks, open space, and the environment in that area.
At build -out the land use will shift from 59% forested and 14% impervious to
almost 30% impervious. Since the majority of the plan area drains to Jordan
Lake, the Town's only water supply, it is imperative to protect the drinking water
source from further degradation.
A planning level watershed management tool (PLOAD) was used to estimate
average annual pollutant loads for existing conditions and future planning
scenarios. The results of the analysis were used to (1) assess the potential
water quality changes that may occur to the Northwest Planning Area under
proposed development and (2) identify regional and on -site management
practices that will ensure the protection of surface water quality for nutrients and
sediment.
Results of the preliminary assessment indicate that significant stormwater control
will be needed to protect water quality in Jordan Lake. With reasonable
application of management practices (e.g., on -site ponds, stream buffers, etc.)
the total suspended sediment (TSS) and total phosphorus (TP) pollutant loading
can be held at or below existing conditions and total nitrogen (TN) can be held to
within 30 percent of current levels.
Mitigation strategies for further protecting Jordan Lake will be developed in 2003.
Modeling analyses will be completed for the adopted plan to determine pollutant
loading and effects of
management scenarios in reducing pollutant loading. Regional approaches to
best management practices (BMPs) will be investigated to further reduce TN
loading to the lake. The Town will work with the NC Division of Water Quality
(DWQ) as the plan is developed and adopted.
3.2. State Programs:
In July 1997, the State of NC adopted riparian buffer regulations for the Neuse River
Basin. The State requires 50 foot protected buffers on either side of streams as
indicated by the USGS or County Soil Survey map. The Town reviews site plans and
individual building permits for consistency with the State buffer rules. Any variance
from the State rules must be accomplished through negotiations between the
applicant and the State. The Town is currently looking into the implications of
becoming a locally delegated program for buffer enforcement.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative

0 4. Permitting Information.
•
0
4.1. Responsible Party Contact List:
PROGRAM AREA
TITLE
NAME
PHONE #
FAX #
Program
Terry
Administration
manager
Warren
919-469-4030
919-460-4935
Stormwater
Betsy
Public Education
specialist
Pearce
919-469-4030
919-460-4935
Stormwater
Betsy
Public Involvement
specialist
Pearce
919-469-4030
919-460-4935
proposed
To be
Illicit Discharge
position
determined
919-469-4030
919-460-4935
Construction
Erosion Control
Tom
Runoff
Supervisor
Horstman
919-469-4030
919-460-4935
Post -Construction
Erosion Control
Tom
Runoff
Supervisor
Horstman
919-469-4030
919-460-4935
Good
Public Works
Mike
Housekeeping
Director
Bajorek
919-469-4090
919-469-4304
4.2. Organizational Chart:
TOWN OF CARY
STORMWATER RESPONSIBILITIES
4.3. Signing Official:
Name:
Bill Coleman
Position:
Town Manager
Authority:
Mr. Coleman is responsible for overseeing all departments within the
Town. Since success depends on actions from multiple departments
including Engineering, Public Works & Utilities, Planning and Parks,
Recreation and Cultural Resources, it is im erative that final authority
Town of Cary NPDES Phase ti Stormwater Permit Narrative
0

•
•
come from a position overseeing all departments,
Co -Permitting Information - not applicable
Town of Cary NPDES Phase It Stormwater Permit Narrative

• 6. Reliance on other government entity to satisfy one or more permit obligations - not
applicable
•
•
Town of Cary NPDES Phase it Stormwater Permit Narrative 10

• 7. Stormwater Management Program Plan
The Town of Cary will develop, implement, and enforce a stormwater management
program (SWMP) designed to reduce the discharge of pollutants from Cary to the
maximum extent practicable (MEP), to protect water quality, and to satisfy the
appropriate water quality requirements of the Clean Water Act. The SWMP will be
developed and fully implemented within five years from the effective date of the issued
NPDES stormwater permit.
7.1. Public Education and Outreach on Storm Water Impacts: The Town of Cary will
implement a public education program to distribute educational materials to the
community and/or conduct equivalent outreach activities about the impacts of storm
water discharges on water bodies and the steps that the public can take to reduce
pollutants in storm water runoff.
7.1.1. BMP Summary Table (see Appendix B)
7.1.2. Target Audience:
The target audiences for the public education program include those entities
within Cary that may impact water quality conditions. Efforts will be made to
produce program ads and printed materials to accommodate the rapidly growing
Hispanic population. A minimum of one print ad will be published annually in a
local Hispanic newspaper.
General Public: The general public has been targeted for educational program
• based on potential impacts they can have on water quality conditions including
dumping oil and other wastes into storm drains, improper disposal of yard wastes
along creek banks, and improper application of pesticides and herbicides on
lawns. Other activities such as vehicle washing, failure to clean up pet wastes
and improper clean up from home improvement projects.
Commercial: Commercial facilities have been targeted for the educational
program based on potential impacts form improper handling and disposing of
wastes, making illicit connections to the storm drain system and practicing poor
housekeeping at their facilities. Some commercial facilities have a history of
water quality problems and will be specifically targeted through mailings,
brochures and presentations including:
Carpet Cleaning Companies — Targeted for illegal dumping of wastewater into
storm drains.
Restaurants — Targeted for improper handling of grease resulting in discharges
to storm drains.
Automotive Repair Facilities — Targeted for improper handling of used oil and
other waste automotive fluids resulting in discharges to storm drains.
Car Dealerships- Targeted for improper vehicle washing practices.
Lawn Care Companies — Targeted for improper application of fertilizers and
herbicides resulting in discharges to storm drains.
Golf Courses — Targeted for improper application of fertilizers and herbicides
resulting in discharges to creeks and lakes.
Industrial: Industrial facilities have been targeted for their potential to cause
water quality impacts from a variety of industrial activities including incidental
spillage from improper materials' handling, improper housekeeping and illicit
discharges to the storm drain system. Industrial facilities are limited in Cary.
Town of Cary NPDES Phase I! Stormwater Permit Narrative 11

O Institutional: Institutional facilities have been targeted due to their potential to
cause negative impacts to water quality from activities such as improper handling
of waste and illicit discharges. Some specific institutional facilities that have
been targeted include:
Schools — Targeted for general water quality education and participation in
volunteer activities.
Hospitals — Targeted for improper handling of wastes and illicit discharges.
7.1.3. Target Pollutant Sources:
Public education will target residential, commercial and industrial property
owners since these together total 55% of land use in Cary. The remaining land
use is primarily undeveloped property. Increased runoff from new development is
the most serious source of stream impairment - impacts include pollutant and
debris transport, sediment transport, streambank erosion and localized flooding.
7.1.4. Outreach Program:
The Town Public Education and Participation Program is a measure required
under the NPDES Phase II Program. The Town's outreach strategy is based on
established Town public information opportunities including the Town's web site,
weekly ads in the Cary Connection section of the local newspaper, The Cary
News, monthly tips in the Cary utility bill insert, "BUD. Additional outreach
activities are planned annually such as participation in the Town's Earth Day
event and conducting workshops.
7.1.5. Decision Process:
• The storm water education program was developed in response to the Neuse
River Urban Stormwater Rules. The program will emphasize impacts of urban
runoff, prevention of illegal discharges, and management of stream corridors.
Since 41 % of the Town is residential, educational efforts will focus on
homeowners, both adults and children.
7.1.6. Evaluation:
CLASSROOM EDUCATION ON STORM WATER
• The number of educational materials distributed to schools.
• The number of classes, schools, or students that participate in municipal -
sponsored storm water workshops or activities.
• The number of students receiving storm water education as a regular part of the
school curriculum.
• The number of citizens attending workshops
EDUCATIONIOUTREACH FOR COMMERCIAL ACTIVITIES
• The number of educational materials that were distributed to business owners
and operators.
• The number of certified businesses that participated in training for a "green
certification" program.
• The number of businesses trained under a training program.
EDUCATIONAL DISPLAYS, PAMPHLETS, BOOKLETS, AND "BUD"
INSERTS
• List compiled of target audiences and possible activities for each.
The number of materials created and distributed.
Town of Cary NPDES Phase It Stormwater Permit Narrative 12

• • The number of events attended with displays.
• The number of people at an event who saw the display (guest book) or took a
pamphlet/booklet.
PROMOTIONAL GIVEAWAYS
• The number of items given out.
• The number of events attended (to give out items).
• The number of block leaders who delivered items
USING THE MEDIA
• The number of public service announcements made on radio and TV.
• The number of storm -water -related press releases.
• The number of storm -water -related articles published.
7.2. Public Involvement and Participation: To meet the minimum requirement for public
involvement, this permit was submitted for public hearing on February 27, 2003. The
advertisement and meeting minutes are attached. Staff made a presentation to the
Town Council and the general public summarizing the content of the permit. Public
comments were accepted. No one registered to speak.
An outreach program will be developed within the first 2 years of the permit in order
to reach out and engage all economic and ethnic groups and provide opportunities
for the public to participate in program development and implementation.
7.2.1. SMP Summary Table (see Appendix B)
7.2.2. Target Audience:
• The target audience for the Public Involvement and Participation Program
includes all age, ethnic and economic groups in the Town of Cary. The
Program will actively involve all potentially effected stakeholder groups, including
commercial and industrial facilities, trade associations, environmental groups,
homeowners associations, civic groups and educational organizations.
7.2.3. Participation Program:
EPA recommends that the public be included in developing, implementing, and
reviewing the storm water management program, and that the public participation
process should make efforts to reach out and engage all economic and ethnic
groups. Cary will provide activities for public participation in stormwater
management and opportunities for public involvement / review of the stormwater
program.
Activities/public participation
• Storm drain stenciling
• Stream cleanup and monitoring
• Adopt -A -Stream program
• Block leader program
Involvement/public opinion
• Hold public hearings on stormwater issues including approval of the Phase II
Permit Application and ordinance revisions
• Facilitate public meetings as needed on specific topics
.0 Survey citizens as needed for research and targeted of education program
Town of Cary NPDES Phase I/ Stormwater Permit Narrative 13

7.2.4. Decision Process:
The core of the public involvement program already exists. Storm drain stenciling
was begun in response to Neuse River Stormwater requirements. The Town
established its program prior to adopting its stormwater ordinance. The Block
Leader program was established by the Water Conservation program in order to
get environmental information to the citizens. This program will be expanded to
include stormwater information. The Recycling Program already sponsors litter
clean up activities and may take the lead in future litter control programs such as
"adopt a street" or "adopt a stream".
Ordinances are always adopted through public form as part of the Town Council
meetings. Stormwater ordinances and management plans will go to Town
Council for review and approval and will be available for public review and
comment. Additional efforts to gather public input may include public meetings
and citizen surveys. At this time, the Town does not plan to establish a
stormwater stakeholders group.
7.2.5. Evaluation
SPEAKERS BUREAU
• A speakers bureau will be established in Year 1
• The number of requests for speakers.
• The number of attendees at talks
COMMUNITY HOTLINES
• A hotline will be established in Year 2.
• • The number of calls received by hotlines.
• The number of problems/incidents remedied as a result of hotline calls.
BLOCK LEADERS
• Expand the block leader program by Year 2.
• The number of new volunteers trained.
• Requests for information.
ADOPT -A -STREAM PROGRAMS
• Establish Adopt -A -Stream Program by Year 4
• Track the number of participants in Adopt -A -Stream programs.
• The quantity of trash and debris removed by Adopt -A -Stream volunteers.
• The number of incidents reported by adoptees.
ATTITUDE SURVEYS
• The number of citizens solicited to complete surveys.
• The number of completed surveys.
• A survey of citizens gauging change in attitude/behavior after storm water
education activities are held.
PUBLIC MEETINGS
• The number of meetings held.
• The number of attendees.
• Actions taken as a result of stakeholder meetings.
STORM DRAIN STENCILING
- The number or proportion of drains stenciled.
• The number of stenciling volunteers.
Town of Cary NPDES Phase li Stormwater Permit Narrative 14

STREAM CLEANUP AND MONITORING
• The number of stream cleanups.
• The number of cleanup participants.
• The quantity of waste collected as a result of cleanup efforts.
• The number of stream miles cleaned.
7.3. Illicit Discharge Detection and Elimination: The Town of Cary will develop, implement
and enforce a program to detect and eliminate illicit discharges
T3.1. BMP Summary Table (see Appendix B)
7.3.2. Storm Sewer System Map:
The Town initiated a stormwater infrastructure inventory in 2002 to comply with
the Neuse River Stormwater Rules. The field survey of the 4 square mile pilot
area is nearly completed. The field crews will visit all stormwater structures,
collect data describing each structure and determine the x, y, z coordinates to
survey grade. The Town will map a minimum of 10% of the Town each year.
7.3.3. Regulatory Mechanism
In March 2001, the Town of Cary's Illegal Discharge Ordinance became effective.
This ordinance provides the Town with the basic legal tools to conduct
investigations, determine sources of illicit discharges and enforce the termination
of illicit discharges up to, and including, fines. This ordinance was developed to
comply with the Neuse River Stormwater Rules.
• 7.3.4. Enforcement
Town staff will be cross -trained to recognize and report illegal discharges. Staff to
be trained include code enforcement officers, inspectors and police & fire
personnel. Additional staff will be added to the Stormwater Division to manage
the illicit discharge program.
7.3.5. Detection and Elimination
7.3.5.1. Locating Problem Areas
Illicit discharges and connections to the Town's separate storm sewer system will
be identified using the following techniques:
• Water sampling data and other available information about water quality will
be reviewed to identify problem areas. Based on the review of water quality
data, areas in the community will be prioritized for visual screening.
• Town employees will be trained to conduct proper inspections, screen, and
test outfalls. Training of Engineering Services, Public Works, Building &
Inspection Services and Grounds employees to also be observant for illicit
connections during their daily job functions will be conducted annually. Police
and Fire personnel will also receive basic training in recognition and
response to illegal discharges.
• Cary's GIS will be used to highlight Town owned properties. A file review
and field survey will be conducted during the first year to identify all storm
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 15

sewer on these properties and properly locate the storm sewer on the
computer maps.
• Visual screening of outfalls in the storm sewer system that are under the
control of the Town will be done as part of the stormwater infrastructure
inventory. A minimum of 10% of the outfalls will be reviewed annually.
• Dry weather field screening of outfalls will be conducted as needed. Dry
weather is defined as periods where there has not been precipitation or snow
melt for 2 days. The location screened will be located on the community map
of the storm sewers.
Locations identified by visual screening, complaints, and water quality data
as requiring follow up will be prioritized and revisited during dry weather
periods. Outfalls potentially discharging polluting material during dry weather
periods will be tested based on water quality problems found in the river,
screening tests, and odor, color, and visual observations. Assistance in
sample collection and testing will be requested of NC DWQ when a
significant pollutant or complex problem is found.
• The complaint system will be enhanced in cooperation with the existing
efforts of the Police/Fire Department to encourage' reporting of suspicious
discharges. Cary will enhance the complaint system to log complaints, assign
them for follow up and document results of investigations. A procedure to
coordinate complaint response and follow up will be developed in
cooperation with Public Works & Utilities. The complaint system will be in
place 12 months after the Stormwater Permit is issued.
• 7.3.5.2. Finding the Source
• Prioritization of sources that are discharging polluting material will be as
follows:
• Water quality problems that have been identified from past sampling and
inspections by the Wake County Department of Environmental Health or the
NC Division of Water Quality will be reviewed. A plan will be developed in
cooperation with these agencies for further investigation and correction.
Complaints related to the discharge of polluting materials will be investigated
as they are reported. Currently, calls relating to discharging of improper
materials into the separate storm sewer system are directed to the Public
Works & Utilities and then forwarded to Engineering.. The complaints are
investigated as staff are available. Additional staff will be hired in order to
improve response time. A system will be developed to notify Stormwater
Services for follow up distribution of public education materials regarding
improper disposal into storm sewer system.
• Water sampling and testing will be conducted as necessary to locate the
source of the illicit discharge.
• Suspicious discharges will be prioritized based on the estimate of the impact
on the watershed.
• Investigation of suspicious discharges will be made by visual inspection
and/or testing of discharges within the storm drainage system upstream of
Town of Cary NPDES Phase II Stormwater Permit Narrative 16

the suspicious discharge. Other options that will be considered in locating
illicit connections or discharges include televising the storm sewer or dye
testing premises in the area where there is a discharge. Letters may be sent
to residents and businesses alerting them to the problem that is under
investigation to solicit their assistance in finding the source. A building by
building evaluation may also be used in areas where a problem has been
isolated to a small area.
7.3.5.3. Removing/Correcting Illicit Connections
The Town of Cary is developing a map identifying outfalls to waters of the
state under Cary jurisdiction. Suspicious discharges identified from available
water sampling data, complaints and visual inspections will then be
prioritized for sampling. Investigations will be made to find the sources of
pollutants. Those responsible for discharges will be notified for correction
and followed to assure correction is satisfactorily completed.
Existing ordinances will be used to address illicit discharges and
connections. Assistance may be requested from the Wake County
Department of Environmental Health or the NC Division of Water Quality to
obtain correction. If current ordinances are not adequate to result in
correction of illicit discharges, a new ordinance will be prepared. If an
ordinance change is needed to correct illicit discharges, the changes will be
presented to the Town Council within 9 months after it is determined that
existing ordinances are inadequate to require correction.
• The Town of Cary Stormwater Services Division will manage the Illicit
O Discharge Elimination Program. Cary's Stormwater Services Manager or his
designee will be responsible for implementing the plan. Town staff and/or
private contractors may be used to conduct the illicit detection surveys.
7.3.6. Non Stormwater Discharges
The following categories of non -storm water discharges or flows (i.e., illicit
discharges) will be examined.
a) Water line flushing, dechlorinated swimming pool discharges, and street
wash water will be investigated and efforts made to reduce their impact on
surface water quality.
b) Discharges from potable water sources, irrigation water, lawn watering, and
individual residential car washing will be managed via the public education
program and monitored by the water conservation program.
c) Air conditioning condensation will be investigated on a case by case basis.
7.3.7. General Prevention
• Cary inspects installation of all new storm and sanitary sewers. Cary will
require certification of no illicit connections for new facilities prior to receiving
a certificate of occupancy.
• For additions to existing facilities, Cary will investigate the feasibility of
implementing a program that requires dye testing by Wake County, the NC
DWQ, or a certified contractor to certify there are no illicit connections.
• Cary will send formal notification to the NC DWQ of new proposed industrial
facilities for follow up to ensure compliance with the NPDES. program.
Town of Cary NPDES Phase /i Stormwater Permit Narrative 17

L�
• All activities will be tracked on Cary's Geographical Information System
(GIS).
7.3.8. Outreach
Cary is implementing a Stormwater Public Education Program which is a new
water quality public education program for residents, businesses, and schools
that includes specific information about illicit discharges and connections. See
Cary's Stormwater Public Education Program for more detailed information.
The existing complaint system will be enhanced through coordination with the
Public Works & Utilities. A system to log, investigate, track and resolve
complaints will be in place.
7.3.9. Decision Process
The storm water illicit discharge detection and elimination program was
developed in response to the Neuse River Urban Stormwater Rules. The
program will emphasize prevention of illegal discharges through regulation and
education, The ordinance will be enforced as needed but the emphasis when a
discharge is found will be education and elimination of the discharge. Limited
field screening will take place in targeted areas. Less than 15% of the Town is
commercial i industrial so field screening will target those areas only. The
inventory will provide the first inspection. Efforts will be made at cross training
Town staff in recognition of illegal discharges so that Stormwater staff can focus
on follow-up.
7.3.10. Evaluation
All activities related to this IDEP will be tracked and documented on Cary's GIS.
12 to 60 months following the issuance of the stormwater permit the following will
be accomplished on an annual basis:
• A summary report of complaints received, investigated and the results of the
investigation will be prepared.
• Suspicious outfalls that had a dry weather flow during visual screening will be
tested for suspected pollutants.
• A summary report of premises found to be improperly connected to the storm
sewer or sanitary sewer will be prepared.
• A summary report of on -site sewage disposal systems found to be improperly
functioning and actions taken to correct problems will be prepared.
• A list of outfalls, manholes tested, and test results will be prepared.
7.4. Construction Site Stormwater Runoff Control: The Town of Cary currently manages
a program to reduce pollutants in storm water runoff from construction activities that
result in a land disturbance of greater than or equal to 12,000 square feet. The Town
complies with the State Erosion and Sediment Control Program for a locally
delegated program and the DWQ general stormwater permit requirements for
construction activities.
Town of Cary NPDES Phase I! Stormwater Permit Narrative 18

7.4.1. Erosion Control Ordinance
The Town of Cary operates a local sedimentation program that is regulated by
the State of North Carolina under the State Sedimentation Erosion Control Rules
and Laws. A copy of our ordinance is attached.
7.4.2. Plan Review
All projects that disturb 12,000 square feet or more require an erosion control
plan and grading permit. This review is part of the overall Town of Cary
Site/Subdivision plan submittal process. The review will include water quality
reviews for total suspended solids in drinking water supply watersheds and
nutrient removal review in the town's jurisdiction. Before a grading permit is
issued on a project in the Town of Cary jurisdiction a pre -construction meeting is
held to review erosion control and water quality issues.
7.4.3. Enforcement
The Town of Cary follows the State of North Carolina rules for enforcement
relative to the Sedimentation Erosion Control laws. Fines of up to $5,000 per day
can and are imposed if compliance is not achieved. The Town of Cary also uses
other methods such as holding permits and certificates of Occupancies to ensure
compliance with water quality issues.
7.4.4. Inspections
Each Stormwater Inspector is responsible for all the projects located in their area
• of responsibility. The inspector prioritizes projects depending on the phase of
construction, history of the site and project complexity. The Stormwater
Inspector inspects the site and writes a report noting corrections required to bring
the site into compliance. A reasonable amount of time is allowed to correct
violations. If compliance is not achieved the project will be placed under violation
until corrections are made.
•
7.4.5. Public Information
All property owners within 400 feet of a proposed site plan are notified by the
Town of Cary of receipt of a development plan. Owners are notified of office
hours during which they may review project plans. Staff works with adjacent
property owners as needed to address concerns. If there is significant opposition
to a project, a public meeting may be held.
Any public complaints received for a specific project are investigated and
addressed relative to the complaint.
7.4.6. Decision Process:
Construction site stormwater runoff control plans are submitted and designed by
professional engineers based on the Land Development Ordinance and
Standards and Specifications of the Town of Cary. If insufficient or incorrect data
is submitted then comments are returned to the applicant and corrections are
made. This process continues until an acceptable plan is developed and at that
point a grading permit can be issued.
Town of Cary NPOES Phase 11 Stormwater Permit Narrative 19

7.4.7. Evaluation
® Monthly reports are submitted to Wake County and the NC Division of Land
Quality. The monthly report to Wake County summarizes new permits issued by
the Town.
The following items are reported monthly to the State,
1. Number of new sedimentation control projects
2. Number of plans reviewed
3. Number of permits issued
4. Number of site inspections conducted
5. Number of Single Family Residence inspections
6. Number of Notices of Violation issued
7. Number of Cases referred for enforcement
8. Total Disturbed Area
9. Number of Projects in the Neuse River Watershed
A summary report is also maintained within the Engineering Department.
BMP INSPECTION AND MAINTENANCE
• The frequency of inspection and maintenance of BMPs.
• The number of failed storm water BMPs.
• The number of BMPs reported to be in need of repair.
• Whether or not an inventory of inspection and maintenance activities was
created and is
regularly maintained.
BRUSH BARRIER
• • The number of brush barriers installed.
• The number of construction sites with brush barriers.
• The amount of sediment collected brush barriers.
• The frequency of inspection and maintenance of brush barrier installations.
• Suspended solids levels at the site outfall.
CHECK DAMS
• The number of check dams installed.
• The number of construction sites that have check dams.
• The reduction in runoff quantity.
• The frequency of inspection and maintenance of check dam installations.
• The amount of sediment collected.
• Suspended solids levels at the site outfall.
CHEMICAL STABILIZATION
• The number of personnel trained to apply chemicals.
• Suspended solids levels at the site outfall.
• The frequency of chemical reapplication.
• The number of construction sites that use chemical stabilization.
CONSTRUCTION ENTRANCES
• The frequency of inspection and maintenance of construction entrances.
• The amount of sediment collected at construction entrances.
• Suspended solids levels at the site outfall.
• Whether or not an ordinance was developed that requires special construction
entrances.
CONSTRUCTION REVIEWER
• The number of trained inspectors.
• Whether or not an ordinance was developed requiring that sites
be inspected.
. • The number of inadequate sites/plans reported by inspectors.
• The number of non -compliant permits reported.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 20

• CONSTRUCTION SEQUENCING
• Whether or not an ordinance was developed that requires construction
sequencing.
• The number of construction sites that practice sequencing.
• Suspended solids levels at the site outfall.
7.5. Post -Construction Storm Water Management in New Development and
Redevelopment: The Town of Cary will revise its stormwater management
ordinances for control of post -construction stormwater runoff. The current program
was developed to comply with the State's Watershed Water Supply Protection
requirements and the Neuse NSW requirements for urban stormwater. The current
program addresses storm water runoff from new development and redevelopment
projects that disturb greater than or equal to 12,000 square feet. All subject projects
must control peak flow and meet designated nitrogen targets. Currently, only projects
within the Watershed Protection Overlay Districts must address the low and high
density stormwater requirements. The current stormwater ordinances are included in
Appendix C.
The Town of Cary shall amend its stormwater ordinances as needed to meet the
requirements of the State's Phase II rules for post -construction. And, the Town will
partner with the State as needed to develop and implement area specific watershed
plans which may have alternate strategies for preventing or minimizing water quality
impacts using structural and non-structural BMPs.
The amended stormwater ordinances shall become effective by March 10, 2005.
The revised ordinances will meet the following requirements:
Low density option
1) Less than 15% built -upon area
2) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable:
High density option
Projects exceeding the low density threshold (established above in low density
section) shall implement stormwater control measures that:
1) Control and treat the difference in stormwater runoff volume leaving the project
site between the pre and post development conditions for the 1 year 24 hour
storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not
more than 120 hours;
2) All structural stormwater treatment systems used to meet the requirements of
the program shall be designed to have an 85% average annual removal for Total
Suspended Solids:
3) General Engineering Design Criteria for all projects shall be in accordance with
15A NCAC 2hi .1008(c);
Riparian Buffers
Since the Town's local buffer ordinance is more stringent than the minimum rule
proposed by the State, the Town's local ordinance will apply.
7.5.1. BMP Operations and Maintenance
The Town's program includes an operation and maintenance component that
ensures the adequate long-term operation of the structural BMP's required by the
program. These BMPs are privately owned and operated. Town staff annually
complete a maintenance inspection report on each structural BMP. Staff
Town of Cary NPDES Phase Il Stormwater Permit Narrative 21

correspond with the BMP owners to facilitate needed maintenance or corrective
actions.
7.5.2. On -Site Wastewater Systems
The Town of Cary does not evaluate permit applications or inspect installation of
on -site wastewater disposal systems (OSWW), also referred to as septic
systems. These functions are conducted by the Wake County Environmental
Health Department or, in the case of large discharges NC Department of
Environmental Heath. The Town will coordinate its Illegal Discharge Program
with the Wake County EHD to assist in mitigating problems with seeping OSDS.
In the past, the Town has had a history of extending sanitary sewers to service
areas of failing OSDS when funds are available; several projects have been
completed and one is currently being implemented. The Town does not
encourage the use of OSDS for new development and requires the project
proponent to be responsible for such infrastructure improvements. The Town of
Cary will also implement a program within 24 months of the issuance of the
stormwater permit that will require evaluation of septic systems by the Wake
County EHD, or a contractor certified by Wake County, at the time of sale.
Sanitary sewer systems operated by The Town of Cary are designed to service
the lowest floor levels (basements) of buildings in the community. Sanitary
sewers are required to be 18 inches below storm sewers thus minimizing the
potential for an illicit connection emanating from a separate sanitary sewer.
Where a sanitary system is found above a storm system, the sanitary line is slip
lined as additional protection from leakage.
• OSWW found to be experiencing problems or failing will be referred to the
Wake County Environmental Health Department. If sanitary sewers are not
available, short and long term solutions for sewage disposal must then be
devised.
• If overflows of sanitary sewer manholes or cross connections to a storm
sewer are detected, they will be addressed as part of the Town's sewer
maintenance program. If an immediate solution is not practical, a plan will be
developed to solve the problem.
• For additions to existing facilities which have existing OSWW, Cary will
require an evaluation of the septic system by the Wake County EHD. This
will be required prior to the Town signing off for the building permit.
7.5.3. Nutrient Sensitive Waters
The Town of Cary service area drains to Nutrient Sensitive waters in both the
Neuse and Cape Fear River Basins. A Department approved NSW Urban
Stormwater Management Program became effective in March 2001 and its
provisions shall fulfill the requirement for reducing nutrient loading.
The Town shall develop and implement comprehensive watershed protection
plans to meet part, or all, of the requirements for Post -Construction Storm Water
Management in New Development and Redevelopment.
7.5.4. BMP Summary Table (see Appendix B)
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 22

7.5.5. Non -Structural BMPs
The Town of Cary directs growth to identified areas, protects sensitive areas
such as wetlands and riparian areas, maintains and/or increases open space
provides buffers along sensitive water bodies, and minimizes disturbance of soils
and vegetation through adopted land use plans and by policy or ordinance.
a) Land Use Plans - Growth is directed to specific areas through land use plans
that are developed with public input and adopted by the Town Council.
These plans provide guidance for the development community.
b) local riparian buffer ordinance
c) streetscape buffer requirements
d) open space program with dedicated funding from utility billing
e) greenway program
f) tree preservation ordinance
g) minimize soil and vegetation lose - In addition to the erosion control program,
the Town is researching and developing a steep slope oridnance. In the
interim, the Town is negotiating with developers on a case by case basis to
protect steep slopes from development.
7.5.5.1. Policies or ordinances that encourage infill development in higher
density urban areas, and areas with existing storm sewer
infrastructure;
(1) Town Center Area Plan to encourage infill development downtown
(II) Land use plans to concentrate high density growth
(III) Master planning
7.5.5.2. Education programs for developers and the public about project
designs that minimize water quality impacts
(1) Clean water contractor training for grading contractors
(11) Workshops as needed to train engineers and architects on new
ordinances
7.5.5.3. Other measures such as minimization of the percentage of impervious
area after development, use of measures to minimize directly
connected impervious areas, and source control measures often
thought of as good housekeeping, preventive maintenance and spill
prevention.
(1) Will be addressed through specific area plans
7.5.6. Structural BMPs
The Town allows the use of structural BMPs as approved by the State of NC.
a) Wet ponds and extended -detention outlet structures are approved structural
BMPs for stormwater use
b) Filtration practices such as grassed swales, bioretention cells, sand filters
and filter strips are approved structural BMPs for stormwater treatment
c) Infiltration practices such as infiltration basins and infiltration trenches are not
currently used due to our clay soils, however they will be investigated as part
of the Downtown Stormwater Plan. In addition, there is ongoing university
research in the piedmont NC area.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 23

0 7.5.7. Regulatory Mechanism:
Post -construction runoff is addressed through a local ordinance
7.5.8. Operation and Maintenance
Long-term operation and maintenance (O&M) of on -site BMPs is ensured
through legal documentation filed with the Wake County Register of Deeds and
through financial bonds which must be posted to the Town for each project.
7.5.9. Decision Process
The development of a post -construction storm water management program was
done in response to State regulations for Water Supply Watershed Protection
and the NSW rules for protection of the Neuse River. Your rationale statement
must address your overall post -construction storm water management program
and the individual BMPs, measurable goals, and responsible persons for your
program. The rational statement must include the following information, at a
minimum:
7.5.9.1. Your program to address storm water runoff from new development and
redevelopment projects. Include in this description any specific priority
areas for this program.
7.5.9.2. How your program will be specifically tailored for your local community,
minimize water quality impacts, and attempt to maintain pre -
development runoff conditions.
7.5,10. Evaluation
A spreadsheet is maintained for each project which includes pre- and post -
loading conditions. An annual report is submitted to the Division of Water Quality
each year summarizing new development including nitrogen loading.
7.6. Pollution Prevention/Good Housekeeoina for Municipal Operations: The Town of
Cary will develop and implement an operations and maintenance program that
includes a training component and has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations including the Town -owned or operated
portion of the stormwater conveyance system.
Using training materials that are available from EPA, your State, Tribe, or other
organizations, the Town will train employees to prevent, and reduce storm water
pollution from activities such as park and open space maintenance, fleet and building
maintenance, new construction and land disturbances, and storm water system
maintenance.
7.6.1. BMP Summary Table (see Appendix B)
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 24

• 7.6.2. Affected Operations
The following municipal facilities and operations are impacted by this operation
and maintenance program. These programs will be evaluated and revised to
ensure that the programs minimize pollutant loading. Facilities will be inspected
to identify and eliminate exposure to stormwater. Corrective actions will be taken
or BMPs installed as needed.
Programs
• park and open space maintenance (PWUT)
• buildings and grounds maintenance (PWUT)
• fleet maintenance (PWUT)
• storm water system maintenance (PWUT)
• sanitary sewer and water line maintenance procedures (PWUT)
• solid waste collection procedures (PWUT)
• street cleaning (PWUT)
• yard waste and leaf collection procedures (PWUT)
new construction and land disturbances (EN)
• road construction and maintenance practices (EN)
Facilities
• North Cary Water Reclamation Facility - Permit # NC0048879
• South Cary Water Reclamation Facility - Permit # NC0065102
• West Cary Water Reclamation Facility (proposed)
• Fleet Maintenance Facility
• Waste Transfer Station
7.6.3. Training
Employee training programs will be developed for preventing and reducing storm
water pollution from activities including:
• park and open space maintenance (PWUT)
• fleet and building maintenance (PWUT)
• storm water system maintenance (PWUT)
• sanitary sewer and water line maintenance procedures (PWUT)
• solid waste collection procedures (PWUT)
• street cleaning (PWUT)
• yard waste and leaf collection procedures (PWUT)
• new construction and land disturbances (EN)
• road construction and maintenance practices (EN)
7.6.4. Maintenance and Inspections
Maintenance of stormwater structures within the road right of way (ROW) is
conducted as needed by the Town's Department of Public Works and Utilities.
There is regular inspection program. Problems are found usually due to flooding
problems and/or citizen complaints. A stormwater inventory was initiated in the
summer of 2002 and will include an assessment of the condition and
maintenance needs for stormwater structures. At least 10% of the Town will be
surveyed annually until completed.
Town of Cary NPDES Phase It Stormwater Permit Narrative 25

C7
The Town will develop a proactive inspections and maintenance program for
stormwater structures within the ROW by year 5 of the permit. The inventory
results will be used to assess maintenance needs.
7.6.5. Vehicular Operations
The Town will review its facilities with the intent of implementing controls for
reducing or eliminating the discharge of pollutants from municipal parking lots,
maintenance and storage yards, waste transfer stations, fleet or maintenance
shops with outdoor storage areas, and salt/sand storage locations and snow
disposal areas as needed. Currently, storm water is caught and directed into a
detention pond at the Town's fleet and maintenance shops. The waste transfer
station drains into the sanitary sewer system.
7.6.6. Waste Disposal
MS4 Conveyance System
Maintenance of stormwater structures within the road right of way (ROW) is
conducted as needed. Inlets and outlets are cleared to ensure free flowing
conditions. Blocked catch basins, pipes and other man-made structures within
the ROW are cleaned with jet -vac equipment or by hand. Floatables are collected
and removed to landfill. Other material is off loaded at a dropoff site and drained
to a settling basin. Once dried, material is disposed of according to State and
Federal regulations.
Operations Center
All stormwater flows to 2 retention ponds at the Operations Center on James
Jackson Avenue. Twice a year, vegetation is mowed and floatables collected and
removed to landfill. The ponds are inspected for siltation and dredged as
needed. Silt is removed, hauled and disposed of by contract according to State
and Federal regulations.
Recycling Material Transfer Yard
The yard is fully fenced to contain materials from wind. Blown materials (bottles
and paper) are collected daily and placed in proper receptacles. There are no
storm drainage structures.
Bond Park Maintenance Facility
Litter is collected on a weekly basis and disposed of in the landfill. There are no
storm drainage structures.
Street Sweepers
Residential and commercial streets are cleaned once per quarter. Downtown
streets are cleaned monthly. Collected material is off loaded at a drop-off area
connected to a settling basin. Once dried, material is disposed of according to
State and Federal regulations.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 26

e7.6.7. Flood Management Projects
There are no publicly funded flood control projects within our jurisdiction. Lake
Crabtree is managed by Wake County.
7.6.8. Existing ordinances
Stormwater ordinances are reviewed and revised as needed. Currently, we are
making revisions twice per year as the program develops and situations arise.
Relevant ordinances include,
1. Floodplain Management
2. Erosion Control
3. Watershed Water Supply Protection
4. Nitrogen Control for New Development
5, Illegal Discharge
6. NPDES Phase II post construction rules
7.6.9. Other evaluations
If other aspects of your municipal operation were evaluated, please describe the
program feature and the results of the evaluation.
• Oil recycling program
• Spill response procedures
• Hazardous waste inventory
7.6.10, Decision Process
. The development of a pollution prevention/good housekeeping program for
municipal operations is required to minimize pollutant loading from Town
operations or facilities. In general, maintenance staff have not received training
on stormwater runoff and pollution prevention. By training staff and evaluating
programs and facilities, Cary can minimize pollutant loading to the maximum
extent practical.
7.6.11. Evaluation
FLEET MAINTENANCE
• The number of employees trained in preventing pollution from fleet
maintenance activities.
• The number of spills reported.
MATERIALS MANAGEMENT
• The number of facilities storing hazardous materials.
• The frequency of inspection and maintenance visits to storage facilities.
• The number of personnel trained in hazardous material handling and storage.
• The amount of waste generated by municipal operations.
• Whether or not an inventory of hazardous materials was created for each
storage facility.
PARKING LOT AND STREET CLEANING
• Whether or not roads and parking lots were inventoried and prioritized for
cleaning.
• The number of scheduled road cleanings.
• • The pounds of debris collected from street sweeping.
Town of Cary NPDES Phase Il Stormwater Permit Narrative 27

ROAD SALT APPLICATION AND STORAGE
• The number of storage facilities included in a regular inspection and
maintenance program.
• The number storage facilities repaired.
• The number of employees trained in road salt application.
• The quantity of salt applied to roadways.
• The quantity of alternative products used.
ROADWAY AND BRIDGE MAINTENANCE
• Whether or not a current list of roadway and bridge construction is maintained.
• The quantity of debris removed from construction sites.
• The number of employees trained in pollution prevention techniques.
• The number of catch basins at constructions sites that are cleaned regularly.
SPILL RESPONSE AND PREVENTION
• Whether or not an inventory of municipal facilities at risk for spills was created.
• The number of leak detection devices installed at municipal facilities.
• The number of preventative maintenance procedures performed on tanks,
valves, pumps, pipes, and other equipment.
• Whether or not a spill response plan was developed for municipal facilities.
• The number of personnel trained in spill response.
• The number of regularly inspected high -risk facilities.
STORM DRAIN SYSTEM CLEANING
• Whether or not areas with high pollutant loadings were inventoried and
prioritized for cleaning.
The length of open channels cleaned annually
e • The number of catch basins & culverts cleaned annually
• The amount of trash, sediment, and other pollutants removed during cleaning.
•
USED OIL RECYCLING
• The number of gallons of used oil collected from municipal operations.
• The number of recycling facilities that collect oil from municipal operations.
• The number of educational materials distributed to municipal employees.
VEHICLE WASHING
• The number of educational materials distributed to municipal employees.
• The number of designated municipal vehicle washing areas.
Town of Cary NPDES Phase 11 Stormwater Permit Narrative 28

APPENDIX A: Town of Cary Receiving Streams
Receivin ,StreamK2*`tA;w
Index �-
Classier,.
use_1 M98 4�
Use=20020
WQpssuesa-�" ,�: afi 303 d Y
BasinUM&
Kit Creek
16-41=1=.17-2 07
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL under development
Cape Fear
Long Branch
16-41=1=17,2=1 ;. -
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL under development
Cape Fear
Panther -Creek
16-41-1-17-3 ::
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL underdevelopment
Cape Fear
Morris Branch
16-41=1r.17_-3-1 _ -_
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL underdevelopment
Cape Fear
Nancy. Branch
1641-1-17.-3-2 ";
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL under. development
Cape Fear
Indian Creek
16-41-1=18= i '---
WS=IV;NSW
Not Evaluated
Jordan Lake TMDL under.development
Cape Fear
White ;Oak Creek
16 41=6= 0:3 =_;r_°
C;NSW.,--
Partially Supporting
Not Rated :
Jordan Lake TMDL under development
Cape Fear
Bachelor Branch
16.41-6.2= 1 :">+:_:-
C;NSW'-'
Not Evaluated
Jordan Lake TMDL under development
Cape Fear
Bachelor Branch
16 41-6-2= 2 ° :•.
WS-IV;NSW
Not Evaluated
Jordan Lake TMDL under develo meat
Cape Fear
Swift Creek
27-43 1
WS-III;NSW
Not Supporting
Swift Creek Land Management Plan
agriculture; urban runoff; land develo men
Neuse
MacGregor Downs Lake
27-43-2.2
WS-III; NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
Regency Park Lake
27-43-2.5
WS-III;NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
Long Branch
27-43-2.8
WS-III;NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
Lynn Branch
27-43-3
WS-III;NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
S ei ht Branch
27-43-3.5
WS-III;NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
Dutchmans Branch
27-43-4.5
WS-III;NSW
Not Evaluated
Swift Creek Land Management Plan
Neuse
Middle,Creek
2743-15 1 is
C;NSW o„ :.
Not Rated
Impaired
low flow stream
Neuse
Rack :Branch
27-43-15415`,;. �;:
C;NSW.:.
Support Threatened
low flow stream
Neuse
Cam Branch
27-43_i5.5 _-:.-
C;NSW,
Support Threatened
low flow stream
Neuse
Walnut Creek
27-34- 1
C;NSW
Supporting
urban stream
Neuse
Crabtree Creek
27-33-(1)
C;NSW
Not Supporting
Impaired
wastewater; new development
urban runoff; land development
Neuse
Turkey Creek
27-33-2
C;NSW
Not Evaluated
Neuse
Coles Branch
27-33-3
C;NSW
Not Evaluated
Neuse
South Fork Coles Branch
27-33-3-1
C;NSW
Not Evaluated
Neuse
Crabtree Creek
27-33- 3.5)
B;NSW
Not Supporting
Supporting
wastewater; new development
urban runoff; land develo meet
Neuse
Brier Creek
27-33-4
C;NSW
Support Threatened
Neuse
Stirrup Iron Creek
27-33-4-2
C;NSW
Support Threatened
INeuse
Black Creek
27-33-5
C;NSW
Partially Supporting
Impaired
habitat im airment
urban runoff INeuse
Reedy Creek
27-33-8
B;NSW jNot
Evaluated
I Not Rated
I
I
Neuse
0 e •

APPENDIX B: BMPs and Measurable Goals
BMP's and Measurable Goals for Public Education and Outreach
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Develop an annual education plan
Prepare education plan in the first 6 months of the
X
X
X
X
X
Stormwater Specialist
permit. Include in Plan the BMPs, schedule, targeted
audiences, and measurable goals. Summarize plan
and implementation progress in each annual report.
2
Informational Website
Develop and maintain a stormwater information page
X
X
X
X
X
Stormwater Specialist
for the existing internet website. Post brochures and
provide information on water quality, stormwater
pollutants and ways to minimize them, municipal
Stormwater projects and activities. Also provide
contacts for reporting and questions.
3
Monthly information for
Develop a stormwater information tip monthly for
X
X
X
X
X
Stormwater Specialist
homeowners
placement in the Towns utility bill publication "BUD".
Include one tip each newsletter that targets a specific
stormwater problem and how citizens can reduce their
impacts.
4
Newspaper advertising
Purchase newspaper ads to target specific pollutant
X
X
X
X
X
Stormwater Specialist
messages beginning in Year 1 and repeat twice per
year. Continue to utilize the Town's Conservation
Comer in the Cary News to place weekly stormwater
tips. Place weekly tips at least 13 times per year.
Report annually on number of ads placed, newspapers
used, and targeted pollutant.
4
Mass media campaign
Work with TJCOG to develop mass media campaign
X
X
X
X
X
Stormwater Specialist
messages for use on regional TV stations, local
government cable channel, and regional radio. Target
message about the importance of clean water and how
stormwater gets dirty. Give tips on reducing pollution.
Identify target audience and track the number of time
shown; report annually,
4
Distribute pollution prevention
Distribute brochures and posters through event displays
X
X
X
X
X
Stormwater Specialist
brochures and posters
and block leader program. Include information on steps
to reduce pollution sources including proper disposal of
used oil and toxic materials, public reporting of illicit
discharges and awareness of nutrient and fecal coliform
issues.
5
Festivals, local fairs
Participate in 2-4 local festivals annually by staffing a
X
X
X
X
X
Stormwater Specialist
booth or a hands on activity starting in Year 1 and
report annually on event and message provided.
Provide messages on the importance of clean water
and on specific activities that can be carried out to he!
On of Cary NPDES Phase 11 Permit Application •

APPENDIX B: BMPs and Measurable Goals
BMP
Measurable Goals
YR
YR
I YR
YR
YR
Responsible
1
2
3
4
5
PositionlParty
keep stormwater clean. At a minimum, staff will
participate in the Town's annual Clean Water Day and
Earth Day celebrations.
6
Annual Public Workshops
Conduct annual informational workshops. Include
X
X
X
X
X
Stormwater Specialist
information on past, present, and future projects and
information on ways the public can work to enhance
water quali
7
Educational
Develop age -specific educational information for use in
X
X
X
New position _B / Water
Materials/Presentations for Schools
schools and for presentations to school age children.
Conservation Assistant
Incorporate information into the water conservation
program.
8
Business Outreach Program
Develop and conduct an educational campaign to
X
X
New position _B
inform businesses on illicit discharges, reporting,
improper waste disposal, sources of nutrient and fecal
coliform loading and actions they can take to minimize
them.
Wof Cary NPDES Phase 11 Permit Application 0 0

APPENDIX B: BMPs and Measurable Goals
2. Public Involvement Program BMP Summary Table
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Storm drain stenciling
Stencil 5% of Town each year, measured in square
X
X
X
X
X
Stormwater Specialist
miles of community. Assign volunteers to area selected
and have leader complete summary report on sections
finished. Report annually on amount of community
completed.
2
Develop a Speakers Bureau
Set up speakers bureau in Year1 Maintain speakers list,
X
X
X
X
X
Stormwater Specialist
provide with a report format to collect information of
events attended, name of group, date, time and
location. Provide withtopics based on -targeted
messages in coordination with Education Program.
Report annually by summarizing number of events and
topics covered.
3
Communications "hotline"
Set up hotline in Year2. Manage a database of calls
X
X
X
X
New position _A
received on communications hotline, including date,
time, person calling, contact information, disposition of
call. Report annually on number of calls received, topics
covered and a summary of the disposition of the calls.
4
Citizen surveys
Conduct research through citizen surveys to target
X
X
X
X
X
Stormwater Specialist
stormwater education and management efforts. Survey
methods to be used include a web poll, a mail survey
and citizen focus groups.
5
Set up an ongoing advisory
Set up advisory committee in Year 1. Have monthly
X
X
X
X
Stormwater Specialist 1
committee
advisory committee meetings for the first 6-9 months
PIO
reducing the meetings to quarterly thereafter, prepare
minutes of meeting, agenda, and attendees list. Focus
committee on targeted pollution programs of concern.
Report annually on number of meetings and subjects
covered.
6
Establish an "adopt a stream"
Establish adopt a stream program in Year 4 and track
X
X
New position _B
program
volunteer groups by name, project, activities completed,
contact information, and have group prepare a
summary report of activities each year. Report on
program, providing amount of miles cleaned and
frequency of activities in annual report.
On of Cary NPDES Phase 11 Permit Application 0 0

APPENDIX B: BMPs and Measurable Goals
3. Illicit Discharge Detection and Elimination BMP Summary Table
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Pbsition/Party
1
Legal Authority
Develop ordinancelamend existing ordinance to include
X
X
X
X
X
New position _A
illicit detection, right of entry, prohibition of certain
discharges, enforcement actions and penalties for
dumping, s ills, and willful illicit connections.
2
Stormwater Infrastructure Inventory
The Town currently has a GIS layer of storm drain pipes
X
X
X
X
X
Stormwater Manager
and inlets. Detailed mapping of the storm drainage
system began in 2002 to meet requirements of the
Neuse Stormwater Rules. At least 10% of theTown will
be.mapped annually with completion of the Town
occuring by 2012. The map will note outfalls and
receiving body of water for each outfall. Report
annual) on progress,
3
Database tracking system
Develop a database tracking system for tracking citizen
X
X
X
X
X
New position _A
complaints and requests. All complaints will be logged
including information on follow-up and geographical
location of illegal discharge or spill. GIS will be used to
track "hotspots".
4
Chemical testing of outfalls
Inspect 10% of community annually during dry weather
X
X
X
X
X
New position _A
conditions (i.e., hasn't' rained in 72 hours) and test
flows found at discharge points. Create database of
outfalls, inspection date, chemical tests conducted,
findings and follow up procedures. Report on number
and actions taken in each annual report.
5
Direct Mail
Create and distribute letters targeting business owners.
X
X
X
X
New position _A
The fetter shall inform business owners of the illegal
discharge ordinance and inform them of potential
inspection. At a minimum letters shall target
landscapers, painting companies, carpet cleaners,
automotive businesses and restaurants.
6
Inspection Program
Town staff will be cross -trained to recognize and report
X
X
X
X
New position _A
illegal discharges. Staff to be trained include code
enforcement officers, inspectors and police & fire
personnel. Additional staff will be added to the
Stormwater Division to manage the illicit discharge
program.
7
Train Town staff
Provide materials through Human Resources to train
X
X
X
X
New position _A
employees in organization on illicit connections and
how to recognize them. Complete by end of year 2 and
note date distributed. Summarize in annual report. This
is also a requirement of the Neuse Stormwater Rules.
W of Cary NPDES Phase I! Permit Application 9
0

APPENDIX B: BMPs and Measurable Goals
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
8
Fact Sheets
Develop fact sheets on illicit connections and spill
X
X
X
New position _A
management. Provide to Inspections & Permits and
Fire Department for distribution to businesses. Prepare
fact sheets for commercial property managers,
restaurant owner/operators, and automotive
businesses. Make available to general public in Town
Hall. Complete by end of year 3 and provide samples
in annual report. Note date completed and number of
copies placed for distribution.
9
Business assistance program
Create a program to educate and assist businesses
X
X
New position _B
with pollution prevention. Create guidelines or
requirements for businesses to meet for special
recognition. Publish a list of environmentally
responsible businesses in the Cary News, write up at
least one business on a quarterly basis and publish on
the web site and recognize in the utility insert.
10
On -site Wastewater Systems
Coordinate with local health department on failing septic
X
X
X
New position _B
systems, locating problem areas in the system map.
Provide information on septic system inspection and
maintenance on Town's web site. Distribute information
to homeowners association in areas outside sewer
service. Note date of distribution and number of copies
placed.
11
Stream monitoring
Monitor stream quality and quantity to document trends
X
X
New position _B
in pollutant loading Report annually on streams
sampled and data collected on each.
Wof Cary NPDES Phase 1l Permit Application 0 a

APPENDIX B: BMPs and Measurable Goals
4. Construction Site Program BMP Summary Table
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Legal Authority
Review /amend existing erosion control ordinance as
X
X
X
X
X
Erosion Control
needed to improve sediment and erosion control
Supervisor
program and comply with Neuse Rules and Phase II
re uiremen#S.
2
Plan review
Reviews site plans for all new development with
X
X
X
X
X
Erosion Control
disturbed area greater than 12,000 square feet. All site
Supervisor
plans are reviewed to ensure compliance with
sedimentation and soil erosion, storm water, and flood
plain management ordinances and state laws. Reviews
storm drainage systems to ensure they meet the design
and Town criteria.
3
Pre -construction Meetings
Meet with site development personnel to review plans
X
X
X
X
X
Erosion Control
and implementation schedules for each development
Supervisor
ra'ect. Review plan revisions as needed.
4
Inspection Program
Inspect all construction sites greater than 12,000
X
X
X
X
X
Erosion Control
square feet of disturbed area to ensure that grading and
Supervisor
construction operations comply with the erosion control
and sedimentation control ordinance. Make on -site
visits to construction sites during the construction
process to ensure proper measures for compliance;
check grade, soil barriers, tree protection fence,
impoundment structures, and other features. Verify that
the erosion control measures on the approved plan are
properly installed and function as designed. Inspect all
single family residences for Silt Fence and Residential
Construction Entrance (S-100) prior to footing
inspection.
6
Local program meetings
Attend quarterly local program meetings to stay abreast
X
X
X
X
X
Erosion Control
of State regulations and share information with other
Supervisor
locally delegated sediment & erosion programs in the
region.
7
Town projects
Inspect Town Projects upon request to ensure
X
X
X
X
X
Erosion Control
compliance with state aeproved erosion control plan.
Supervisor
8
Clean Water Contractor Education
Provide one training event each year using the Clean
X
X
X
X
X
Erosion Control
Water Contractor curriculum provided by the NC
Supervisor
Division of Land Quality. Document training program for
site operators providing numbers of training events held
and number of site operators trained each year,
9
Coordination of NPDES permitted
Review NPDES permit requirements with construction
X
X
X
X
Erosion Control
sites
sites greater than 1 acre. I
JX
I
Supervisor
Wof Cary NPDES Phase // Permit Application 9 6

APPENDIX B: BMPs and Measurable Goals
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible -
1
2
3
4
5
Position/Pa
10
Standard specifications for BMPs
Revise 1 amend standard specifications for sediment
X
X
X
X
X
Erosion Control
and erosion control BMPs as needed
Supervisor
On of Cary NPDES Phase li Permit Application 0
6

APPENDIX B: BMPs and Measurable Goals
5. Post Construction Runoff Control Program BMP Summary Table
BMP
-Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Party
1
Legal Authority
Review /amend existing stormwater ordinances for new
X
X
X
X
X
Erosion Control
development as needed to comply with Neuse Rules
Supervisor
and Phase II requirements.
2
Plan review
Reviews site plans for all new development with
X
X
X
X
X
Erosion Control
disturbed area greater than 12,000 square feet. All site
Supervisor
plans are reviewed to ensure compliance with Neuse
stormwater rules, watershed water supply regulations,
NPDES Phase 11 requirements and small area plan
stormwater requirements as applicable. Review all
water quality and quantity BMP designs to ensure they
are effective.
3
BMP documentation and
Coordinate best management practice documents
X
X
X
X
X
Erosion Control
erformance bonds
including performance and security bonds.
5u ervisor
4
Pre -construction Meetings
Meet with site developers to review plans and
X
X
X
X
X
Erosion Control
implementation schedules for each project, Review plan
Supervisor
revisions as needed
5
Inspection Program
Inspect all construction sites greater than 12,000
X
X
X
X
X
Erosion Control
square feet of disturbed area verify that the Best
Supervisor
Management Practices (BMPs) for water quality and
quantity control on the approved plan are properly
installed and function as designed.
5
Database tracking system
Track each project by spreadsheet. Data tracked
X
X
X
X
X
Erosion Control
includes project area, nitrogen loading, buydown
Supervisor
payments.
6
BMP Inspections
Conduct annual inspection of Stormwater Best
X
X
X
X
X
Erosion Control
Management Practices to ensure proper operations &
Supervisor
maintenance. Correspond with responsible party to
re nest corrective actions.
7
Local program meetings
Attend local program meetings to stay abreast of State
X
X
X
X
X
Erosion Control
regulations and share information with other locally
Supervisor
delegated stormwater programs in the region.
8
Town projects
Inspect Town Projects upon request to ensure
X
X
X
X
X
Erosion Control
compliance with stormwater regulations.
Supervisor
9
Standard specifications for BMPs
Revise / amend standard specifications for stormwater
BMPs as needed
Wof Cary NPDES Phase ll Permit Application fb

APPENDIX B: BMPs and Measurable Goals
8MP
Measurable Goals
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Posltion/Pa
10
Evaluate on -site wastewater
Implement a program that will require evaluation of
X
X
X
New position _A 1
system policies and procedures
septic systems by the Wake County END, or a
Inspections & Permits
contractor certified by Wake County, at the time of
Staff
property sale. For additions with existing OSWW,
require an evaluation of the septic system by the Wake
County EHD prior to the Town signing off for the
building permit.
Wof Cary NPDES Phase 11 Permit Application 0 0

APPENDIX B: BMPs and Measurable Goals
6. Good Housekeeping and Pollution Prevention BMP Summary Table
BMP
Measurable Goals
YR
YR
YR
YR
YR
•Responsible
1
2
3
4
5
Position/Pa
1
Inventory Town -owned facilities
Complete an inventory of Town -owned facilities that will
X
Public Works Director 1
be evaluated through an environmental audit to
Stormwater Staff
determine potential pollution contributions. Prioritize
facilities for an environmental audit. Report on number
and type facilities that you will audit.
2
Environmental Audit
In Year 2 begin environmental audits at priority sites
X
X
X
X
X
Public Works Director/
and complete all audits by Year 3 Prioritize
Stormwater Staff
recommendations as each audit is completed and
initiate recommendations in the fiscal year following the
audit, except where any extreme hazard or potential
human risk is identified. High hazards will be addressed
immediately upon identification. Report annually on
progress toward meeting recommendations. Objective
is to reduce pollutant loading from municipal sites.
3
Train all PWUT Staff
Educate all employees on clean water issues and on
X
X
X
X
Public Works Director 1
workplace responsibilities to reduce or eliminate
Stormwater Staff
pollutants from stormwater. Maintain program annually
and report on number of employees trained and
subjects covered.
4
Train Stormwater Maintenance
Provide training to all employees who maintain the
X
X
X
X
Public Works Director
Staff
drainage system with a focus on floatable, grit,
sediment, and disposal of pollutants removed from the
drainage system. Report annually on number of
employees trained and subjects covered.
5
Train Buildings & Grounds staff
Provide training to all employees who manage and
X
X
X
X
Public Works Director
apply chemicals to address safe storage, application
and disposal of residual chemicals. Repeat training
annually throughout the permit. Report on number of
employees trained and subjects covered.
5
Inspect Vehicle Washing and
Annuaily inspect vehicle washing and fueling operations
X
X
X
X
X
Public Works Director
Fueling Operations
to ensure that they are in good working order and that
they minimize exposure of stormwater to chemicals,
fuels, and other liquids. Document findings and actions
taken to address any problems identified. Report on
finding in annual permit report.
6
Inspect materials storage areas
Inspect material storage facilities and establish priorities
X
X
X
X
X
Public Works Director
for addressing issues identified. Address corrective
activity within 24 months of inspection. Report on
number and type of sites inspected and actions taken in
each annual report.
On of Cary NPDES Phase !I Permit Application 0
6

APPENDIX B: BMPs and Measurable Goals
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/party
7
Inspect salt storage facility and
Inspect salt storage facility and application equipment
X
X
X
X
X
Public Works Director/
evaluate snow/ice management
annually to identify and eliminate exposure to
Stormwater Staff
program
stormwater and/or ineffective / inappropriate
application. In year 3, evaluate current snow and ice
management program and ensure that effective
measures are in place to minimize contamination
Identify problems and address when found. Report
annually on inspections and resulting actions
8
Develop standard operating
Develop standard operating procedures for various
X
X
Public Works Director I
procedures
facilities and/or operations such as street sweeping
Stormwater Staff
activitiesand parking lot (garage) maintenance
activities to ensure that the greatest reduction of
pollutant loading to stormwater that can be achieved.
Annually report on facilities and/or operations targeted
and results of activities.
9
Evaluate solid waste collection
Evaluate solid waste collection practices (including leaf
X
X
X
Public Works Director/
procedures
pick up) to determine if procedures or equipment
Stormwater Staff
adjustments need to be made to address potential for
pollution of stormwater. Focus on issues such as spills
in the street, hydraulic hose ruptures, customer storage
practices. Report on findings and any workplan that
develops as a result.
10
Evaluate spill response
Evaluate current spill response practices and determine
X
X
X
Public Works Director/
if adjustments are needed to reduce the risk of polluting
Stormwater Staff
bodies of water (streams, ponds, lakes, ocean).
Implement recommended changes in Year 5 and report
on findings and strategies in annual reports.
11
Evaluate oil recycling program
Evaluate existing or potential for a new used oil
X
X
Public Works Director
recycling program. Implement new program or make
changes to existing program in Year 5. Report annually
on program, including amount recycled and
adjustments made as needed.
12
Maintain hazardous chemical
Maintain inventory of hazardous chemicals and other
X
X
X
X
X
Public Works Director
inventory
potentially hazardous materials and ensure that limited
but sufficient quantity of items are on hand to minimize
risk of spill or contamination of stormwater. Conduct
research on alternative products to reduce risk of
surface water contamination. Document findings and
actions taken in annual report.
Wof Cary NPDES Phase // Permit Application 0 0

APPENDIX B: BMPs and Measurable Goals
BMP
Measurable Goals
YR
YR
YR
YR
YR
Responsible
1
2
3
4
5
Position/Pa
13
Evaluate sanitary sewer and water
Evaluate sanitary sewer and water supply maintenance
X
X
Public Works Director/
supply maintenance programs
activities to ensure that the greatest reduction of
Stormwater Staff
pollutant loading to stormwater that can be achieved.
Revise procedures as needed to minimize pollutant
loading. Track cross connections found and eliminated.
14
Evaluate road construction and
Evaluate road construction and maintenance activities
X
X
X
Engineering Director/
maintenance practices
to ensure that the greatest reduction of pollutant loading
Stormwater Staff
to stormwater that can be achieved. Revise procedures
as needed to minimize pollutant loading.
15
Evaluate stormwater maintenance
Develop a proactive inspections and maintenance
X
Public Works Director/
programs
program for stormwater structures within the ROW... _
Stormwater Staff
Evaluate private maintenance needs including stream
and ditch maintenance needs.
Wof Cary NPDES Phase /l Permit Application 0 6

Appendix C: Portions of Land Development Ordinance
Chapter 3 Review and Approval Procedures
Part 3.12 Development in Flood Hazard Areas
Part 3.13 Grading Permits
Chapter 4 Zoning Districts
Part 4.4.6 Watershed Protection Overlay
Chapter 7 Development and Design Standards
Part 7.3 Stormwater Management
Part 7.3.8 Illegal Discharges to the Storm Sewer System
Part 7.4 Soil Erosion and Sedimentation Control
Part 7.5 Flood Damage Prevention
Note: The entire text of the Land Development Ordinance (LDO) is available at wunv.townofcrrry.o g
•
0

Chapter 3: Review and Approval Procedures
Sec. 3.10 [RESERVED)
• 3.9.4 Site Plans
(A) Purpose
This Section sets forth specific provisions applicable to the review and approval
of applications for site plans. These specific provisions supplement the common
procedures set forth in Section 3.9.2.
(B) Applicability
(1) Site plans are required for the following types of developrnents:
(a) Any mufti -family development;
(b) Any residential development containing any lots smaller than
8,000 square feel; and
(c) Any non-residential development or non-residential component
in a mixed use development.
(2) A building permit may be issued for the uses listed in (1) above, and the
following uses may be established, only after a site plan showing the
proposed development of the property has been approved by the Town
Council or the Planning Director in accordance with the procedures and
requirements of this Section
0(3) This Section shall not apply to temporary uses classified as temporary
sales or events as governed by Section 5.4 of this Ordinance.
3.10 [RESERVED]
3A1 [RESERVED]
3.12 DEVELOPMENT IN FLOOD HAZARD AREA
3.12.1 Stormwater Services Manager
The Engineering Department shall appoint a Stormwater Services Manager whose duties
shall include, but are not limited to, the following:
(A) Review all applications for permits and other forms of development approval for
compliance with the provisions in Section 7.5 ("Flood Damage Prevention") of
this Ordinance regarding flood hazards, and to determine whether all necessary
permits and approvals have been obtained from those federal, state or other
local governmental agencies from which prior approval is required;
(B) Review all applications for permits and other forms of development approval for
compliance with the provisions in Section 7.5 of this Ordinance regarding flood
hazards, and to determine whether all necessary permits and approvals have
been obtained from those federal, state or other local government agencies from
which prior approval is required;
(C) Notify adjacent communities, the Federal Emergency Management Agency and
the N.C. Department of Environment and Natural Resources prior to any
alteration or relocation of a watercourse, and to assure that the altered
watercourse is maintained so that the flood carrying capacity of the watercourse
is not diminished;
Town of Cary Land Development Ordinance Page 3-41

Chapter 3: Review and Approvai Procedures
Sec. 3.12 Development in Flood Hazard Area
(D) Verify and record the actual elevation (in relation to mean sea level) of both the
lowest floor and any flood proofing of all new or substantially improved
structures;
(E) Obtain certification from a registered professional engineer or architect when a
structure is flood proofed;
(F) Interpret the exact location of the boundaries of the Flood Hazard Area;
(G) Obtain, review and reasonably utilize any base flood elevation data available
from a federal, state or other source where base flood elevation data has not
been provided in accordance with Section 7.5.2 in order to administer the
provisions of Section 7.5, Flood Damage Prevention;
(H) Provide the N.C. Department of Crime Control and Public Safety, Division of
Emergency Management, State Coordinator for the National Flood Insurance
Program with two copies of the maps delineating new corporate limits within six
months from the date of annexation or change in corporate limits;
(1) Maintain all records pertaining to the provisions of this Section 3.12 and Section
7.5, and to hold them open for public inspection; and
(J) Review all applications for development and all variances to the required
standards and to maintain all of the records required by Section 7.5.
3.12.2 Permit and Approval Requirements
•
(A) Compliance Required •
No development shall occur in the Flood Hazard Area, unless it complies with the
procedures set forth in this section and the flood damage prevention standards
set forth in Section 7.5 of this Ordinance. In general, no development is allowed
in the Flood Hazard Area unless a_ special use is approved; and/or the
property/use is exempted from this requirement; and/or the development is for
roads, greenways, pedestrian crossings, park -related equipment, or public
utilities and facilities such as waste water, gas, electrical, and water systerns that
are located and constructed to minimize flood damage.
(S) Development Requiring Other Forms of Town Approval
The Town requires no separate permit to demonstrate that the proposed
development meets the flood damage prevention standards set forth in Section
7.5 of this Ordinance when this Ordinance requires some other form of approval
for the proposed development (such as a building permit, certificate of
occupancy, special use permit, site plan approval, or subdivision plat approval).
However, the applications for those other forms of development approval shall
require the submission of additional information relating to flood hazards as part
of the application package. As part of the staff review process for those other
forms of development approval, the Stormwater Services Manager shall review
the application to ensure that it meets the flood damage prevention standards set
forth in Section 7.5.
(C) Development Requiring No Other Forms of Town Approval; Floodplain
Development Permit Required •
In those cases where no other form of approval is required for the proposed
development, the development shall not proceed until and unless the
Town of Cary Land Development Ordinance Page 3-42

Chapter 3: review and Approval Procedures
Sec_ 3.12 Development in Flood Hazard Area
• Engineering Department issues a floodplain development permit for the proposed
development. The person undertaking such development shall file an application
for a floodplain development permit with the Stormwater Services Manager. The
application shall be filed on a form prescribed by the Stormwater Services
Manager. The Stormwater Services Manager shall review the application and
shall issue the permit only upon finding that the proposed development conforms
to the flood damage prevention standards set forth in Section 7.5 of this
Ordinance.
(D) Additional Requirement for Non -Residential Structures Located within the
Flood Hazard Area
No non-residential structure or related impervious surface shall be built,
expanded, or located within the Flood Hazard Area until and unless the Town
Council has approved a special use permit for such structure or surface under
Section 3.8. The Town Council shall approve such a structure as part of the site
and/or subdivision plan only upon finding that, without this ability, the owner
cannot make a reasonable use of his or her property. In other words, this
restriction causes undue hardship. The Town Council may attach to the approval
of the site and/or subdivision plan such reasonable conditions as it deems
necessary to safeguard the public health, safety, and welfare against any flood
hazards that the proposed non-residential structure may present.
3.12.3 Approval Procedure
. (A) Upon receiving any application for development within the Flood Hazard Area,
the Stormwater Services Manager shall determine whether the proposed
development meets the Flood damage prevention standards set forth in Section
7.5.
(B) If the Stormwater Services Manager determines that`the proposed development
does not meet these standards, then the Town shall issue no'permit, certificate,
or other form of approval for the proposed development.
(C) In those cases where this Ordinance requires some other form of approval for
development in the Flood Hazard Area, the Stormwater Services Manager shall
report its determination to the body or agency responsible for the issuance of that
other forrn of development approval, within a reasonable amount of time for that
body to act accordingly in approving or denying the proposed development.
(D) In those cases where no other form of approval is required for the proposed
development in an area of special Flood hazard, the Stormwater Services
Manager shall notify the applicant of its determination within a reasonable
amount of time.
3.12.4 Appeals
(A) All questions on the enforcement of this section shall first be addressed to the
Stormwater Services Manager. The decisions of the Stormwater Services
Manager may be appealed to the Town Council.
(B) The Town Council may grant relief from a decision of the Stormwater Services
isManager only if the Town Council finds that the Stormwater Services Manager
acted incorrectly in interpreting or administering any of the duties or functions
listed under Section 3.12.1; other provisions of this Section 3,12; or Section 7.5,
Flood Damage Prevention. The Zoning Board of Adjustment has no authority or
power to hear a decision based on this Section 3.12.
Town of Cary Land Development Ordinance Page 3-43

Chapter 3: Review and Approval Procedures
Sec. 3.13 Grading Permits
3.13 GRADING PERMITS •
3.13.1 Purpose and Scope
This section sets forth the procedures for obtaining a grading permit for development and
land -disturbing activities within the Town and its extraterritorial jurisdiction. (The
standards for control of sedimentation and soil erosion appear in Section 7.4.)
(A) Applicability
(1) Except as provided in paragraphs (B) and (C) below, it shall be unlawful
to conduct any land -disturbing activity without first obtaining a grading
permit from the Engineering Department.
(2) Except where an adopted Town policy allows the issuance of grading
permits prior to final site and/or subdivision plan approval, no application
for a grading permit shall be filed or accepted until the project for which
the permit is sought has received all other necessary approvals required
under Chapter 3 of this Ordinance.
(B) Exemptions from All Grading Standards and Permit Requirements
The requirements of this section and Section 7.4 of this Ordinance shall apply to
all land -disturbing activities undertaken by any person within the Town's
corporate limits or extraterritorial jurisdiction, except for the following:
(1) Agriculture
Land -disturbing activities undertaken on agricultural land that is taxed at •
the present -use value standard;
(2) Forestry
Land -disturbing activities undertaken on forest land for the production
and harvesting of timber and timber products and which are conducted in
accordance with Forest Practice Guidelines Related to Water Quality
(best management practices) as adopted by the N.C. Department of
Environment and Natural Resources. Within the Watershed Protection
Overlay, however, both a permit and a valid forestry management plan
shall be required from the appropriate federal or state agencies.),-
(3) Mining
Land -disturbing activities undertaken by persons, as defined in G.S.
§ 113A-S2(8), who are otherwise regulated by the provisions of the
Mining Act of 1971, as amended (G.S. §74-46 through G.S. §74-68);
(4) Fire Fighting
Land -disturbing activities undertaken for the purpose of fighting fires; and
(5) Activities Regulated by Sedimentation Control Commission
The following tand-disturbing activities that are regulated by the North
Carolina Sedimentation Control Commission:
(a) Land -disturbing activities conducted by the State, the United
States, a unit of local government, or persons or agencies having
the power of eminent domain; •
(b) Land -disturbing activities licensed by the State or the United
Slates;
Town of Cary Land Development Ordinance Page 3-44

Chapter 3: Review and Approval Procedures
Sec. 3.13 Grading Permits
• (C) Land -disturbing activities funded in whole or in part by the State
or the United States.
(C) Exemptions from Grading Permit Requirements
The land -disturbing activities set forth below need not obtain a grading permit,
yet shall nevertheless comply with the requirements set forth in Chapter 7 of this
Ordinance, including the soil erosion and sedimentation control requirements of
Section 7.4. These activities include:
(1) Construction of a single-family residence on a single lot, except when the
disturbed area exceeds one acre;
(2) Land -disturbing activities that do not exceed 12,000 square feet in
surface area, on contiguous lands under single or diverse ownership
being developed as a unit; and
(3) The stockpiling of raw or processed sand, stone, or gravel in material
processing plants and storage yards, provided that the exposed surface
area of such materials does not exceed a contiguous area of 12,000
square feet.
3.13.2 Application Requirements
(A) An application for a grading permit shall be filed with the Engineering
Department. An application for a grading permit may be filed only by the owner
• of the property on which the land -disturbing activity is to occur or a contractor,
agent, lessee, or contract purchaser specifically authorized by the owner to file
such application.
(B) The application shall include an erosion control plan that has been designed and
signed by a registered professional engineer or registered landscape architect
who is qualified in hydrology.
(C) Before filing the application, the applicant is strongly encouraged to request a
pre -application conference with the Planning Department. See Section 3.1.5.
3.13.3 Review and Approval
(A) The Engineering Department shall
approve, approve with modifications,
deny the application, based on the
forth in Section 3.13.4. The revi(
conducted in conjunction with any
subdivision plan approval that may
for the proposed development.
'eview each application and shall act to
approve with performance reservations, or
criteria set
N shall be /\
site and/or
be required
(B) Where the application must be revised in
accordance with any modifications or
performance reservations required by the
Engineering Department, the applicant shall
submit a revised application to the Engineering
Department. The Stormwater Services Manager
do shall approve or deny the revised application.
(C) Upon approval of the application, the
Engineering Department shall issue a grading
Application
Filing
Staff Review
-Review and Decision
-Issuance of Permit
Obtain Erosion Control
Certificate
-prerequisite to other approvals
Grading Permit
Town of Cary Land Development Ordinance Page 3-45

Chapter I Review and Approval Procedures
Sec. 3A3 Gradinq Permits
permit for the proposed land -disturbing activity. The applicant shall keep a copy •
of the grading permit and the approved erosion control plan on file at the job site.
(D) In the event that the Engineering Department disapproves the application, the
Town shall advise the applicant in writing as to the specific reasons that the plan
was disapproved. The applicant may appeal the Town's decision to deny or
modify the proposed application by following the appeals procedure set forth in
Section 3.21, but the appeal shall be to the Town Council, not the Zoning Board
of Adjustment. If the Town Council upholds the denial or modification of the
application, then the applicant may appeal this decision to the North Carolina
Sedimentation Control Commission as provided in G.S. 113A-61(C) and N.C.
Administrative Code Title 15, 4B.0018(b). Alternatively, the applicant may appeal
the disapproval of the plan directly to the Commission, in accordance with G.S.
113A-61, without appeal to the Town Council.
3.13.4 Approval Criteria
(A) The Engineering Department shall approve only those applications that are
shown to have the potential to control accelerated erosion and prevent off -site
siltation at least the equivalent in effectiveness, safety, quality, and durability of
that prescribed in the current edition of the "Erosion and Sedimentation Control
Planning and Design Manual" published by the North Carolina Sedimentation
Control Commission.
(B) The Engineering Department may deny the application for any of the following
reasons, upon finding that the applicant, or any parent or subsidiary corporation
(if the applicant is a corporation) meets any of the criteria set forth below. For
purposes of this subsection, an applicant's record may be considered for only the •
two years prior to the application date.
(1) The applicant has failed to substantially comply with state rules or local
ordinances and regulation adopted pursuant to the Sedimentation
Pollution Control Act;
(2) The applicant is conducting or has conducted land -disturbing activity
without an approved permit, or has received notice of violation of a
permit previously approved by the North Carolina Sedimentation Control
Commission, the Town, or another local government, and has not
complied with the notice within the time specified therein;
(3) The applicant has failed to pay a civil penalty assessed pursuant to the
Sedimentation Pollution Control Act or this Ordinance for failure to
comply with the applicable sedimentation and erosion control
requirements, where such payment is due and no appeal is pending
regarding the penalty-,
(4) The applicant has been convicted of a misdemeanor pursuant to G.S.
113A-64(b), or any similar provision of this Ordinance, for failure to
comply with the applicable sedimentation and erosion control
requirements.
40
Town of Cary Land Development Ordinance Page 3-46

Chapter 3: Review and Approval Procedures
Sec. 3.13 Grading Permits
®
Grading Permit Approval
3.13.5 Effect
of Approval; Certificate of Erosion Control
Compliance
Initial sedimentation
and Erosion Control
(A)
Following approval of the grading permit
Measures Installed
application, the applicant shall install the initial
sedimentation and erosion control measures
specified in the approved erosion control plan.
Engineering Department
-Inspection
-Issuance of Certificate of
(13)
The land -disturbing activity shall not begin until
Erosion Control Compliance
the Stormwater Services Manager has inspected
these initial measures and issued a certificate of
Land -disturbing
erosion control compliance indicating that these
Activity May
initial measures conform to the approved
Commence
application.
(C)
No building permit or certificate of occupancy
Obtain Other Approvals as
Necessary
shall be issued by the Inspections and Permits
(e.g. Building Permit)
Department prior to the issuance of the
certificate of erosion control compliance.
Certificate of Erosion
Control Compliance
(D) The grading permit shall be valid so long as the
site and/or subdivision plan to which it refers remains valid and in effect. When
the approval of the site and/or subdivision plan lapses, the grading permit is null
and void.
• 3.13.6 Responsibility for Maintenance and Additional Erosion Control Measures
(A) During development of a site, the person conducting -the land -disturbing activity
shall install and maintain all temporary and permanent erosion and sedimentation
control measures as required by the approved application and any provision of,
or order adopted pursuant to, this Ordinance or the Sedimentation Pollution
Control Act (G.S. §113A-50 et seq., as amended)_
(8) After development of the site is complete, the landowner or person in possession
or control of the land shall install and/or maintain all necessary permanent
erosion and sedimentation control measures, except for those measures installed
within a road or street right-of-way or easement that a government agency has
accepted for maintenance.
(C) Whenever the Town determines that significant sedimentation is occurring as a
result of a land -disturbing activity, despite the application and maintenance of
protective practices, the person conducting the land=disturbing activity or the
person responsible for maintenance shall be required to take additional
protective action as the Engineering Department deems necessary to control the
sedimentation.
(D) All uncovered areas that existed on the effective date of the State rules and
resulted from land disturbing activity, exceed 12,000 square feet, are subject to
continued accelerated erosion, and are causing' off -site damage from
sedimentation, shall be provided with a ground cover or other protective
• measures, structures, or devices sufficient to restrain accelerated erosion and
control off -site sedimentation. The required ground cover shall be consistent with
this Section 3.13 and Chapter 7 of this Ordinance_
Town of Cary Land Development Ordinance Page 3-47

3.14
Chapter 3: Review and Approval Procedures
Sec. 3.14 Building Permits
3.13.7 Changes to Approved Erosion Control Plans •
(A) Changes Initiated by Department
Following commencement of a land -disturbing activity pursuant to an approved
grading permit, if the Engineering Department determines that the approved
application is inadequate to meet the requirements of this Ordinance, then the
Department may require such revisions to the plan as are necessary to comply
with this Ordinance.
(B) Changes Initiated by Applicant
The applicant may apply at any time to amend a grading permit, in written and/or
graphic form, under the same conditions and following the same procedure as
the original application- Until such time as the Engineering Department approves
such an amendment, the land -disturbing activity shall not proceed except in
accordance with the application as originally approved.
BUILDING PERMITS
3.14.1 Building Permit Required
A building or structure that is governed by the State Building Code may be erected,
added to, structurally altered, moved, occupied, or demolished only after the Inspections
and Permits Department has issued a building permit for such work. A building permit
shall be issued only for work that conforms to the requirements and standards of this
Ordinance and the terms and conditions of any other permits, approvals, or variances
granted pursuant to this Ordinance.
3.14.2 Application Requirements •
(A) An application for a building permit shall be filed with the Inspections and Permits
Department and may be filed only by the owner of the lot on which the building or
structure is to be located or -an agent, lessee, or contract purchaser specifically
authorized by the owner to file such application.
(B) Applications for new
construction shall include
evidence that a new water
Prerequisite
and/or sewer service
Approvals
connection has been approved
obtained
for such construction, in
accordance with Chapter 19 of
the Cary Code of Ordinances.
Application
Filing
(C) A review of compliance with the
requirements of this Ordinance
will occur concurrently with the
evaluation of a building permit
Licensed Specialty
Inspections and
Permits Department
application- This review shall
Contractor
-Review of Permit
include, but is not limited to: off-
-If required by Town
-Issuance of Permit
street parking, landscaping,
Code or North
buffers, or other developmental
Carolina Statutes
commencement
standard as listed in Chapters 5
must begin within six
must
m
months of approval or
through 8 of this Ordinance.
permit is null and void. •
Building Permit
Town of Cary Land Development Ordinance Page 3-48

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
• from the Authority on compliance with its ordinances to the
Planning Director.
(b) No building permit shall be issued for establishment of a
structure or expansion of an existing structure at a height of
greater than 50 feet unless there has first been issued by the
Raleigh -Durham Airport Authority (I ) a permit for the structure
under the provisions of its ordinances, or (2) a determination that
a permit is not required for the structure.
(2) Supplemental Regulations of the Raleigh -Durham International
Airport Authority
All development within the Airport Overlay shall also comply with the
airspace regulations adopted by the Raleigh -Durham International
Airport Authority, as may be amended from time to time, which are
incorporated Herein by reference. Whenever said airspace regulations
impose more stringent requirements or limitations than are required by
this Ordinance, the provisions of the airspace regulations shall control.
(D) Prohibited Uses and Structures
(1) Prohibited Uses
(a) Residential uses, including all forms.of dwellings, manufactured
homes, mobile homes, nursing homes, and life care
communities;
(b) Places of public assembly and institutional uses including
schools, colleges, churches, day care centers, clubs and lodges,
libraries, museums, and hospitals, but not including arenas or
stadiums for sporting events;
(c) Indoor and outdoor amusement establishments;
(d) Guest houses-,
(e) Correctional or penal institutions;
(f) Radio and television broadcasting stations;
(g) Landfills or quarries;
(h) Warehousinglabove-ground bulk storage of explosive,
hazardous, flammable, or combustible materials, and related
facilities or operations that could pose a threat to the welfare of
the public in the event of an aircraft crash or other mishap;
(i) Petroleum refining and other related uses that may be
susceptible to explosion or fire;
(j) Outdoor storage of certain goods and materials, including but not
limited to the following: oxides; coal; ores; minerals; produce;
• furniture; building supplies, paper and frame products: or
wrecked, dismantled or partially dismantled vehicles.
(k) Wildlife sanctuaries, refuges, and other uses that may be an
attractant to birds.
Town of Cary Land Development Ordinance Page 4-32

4.4.6
Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
(2) Prohibited Lighting .
(a) Any moving, pulsating, flashing, rotating, or oscillating light, other
than navigational markings or lights marking potential
obstructions in accordance with Federal Aviation Administration
requirements;
(b) Flood lights, spot lights, or other lighting devices which are not
shielded so as to prevent illumination in an upward direction;
(c) Any lights which make it difficult for pilots to distinguish between
airport lights and others, results in glare in the eyes of pilots
using the airport, impairs visibility in the vicinity of the airport or
otherwise in any way endangers or interferes with the landing,
takeoff or maneuvering of aircraft intending to use the airport.
(3) Prohibited Electronic Signals
Any electronic impulse or signal which interferes with radio
communications between aircraft and the airport, or which interferes with
established navigation aids, is prohibited in the Airport Overlay.
(4) Prohibited Structures .
Structures in excess of the applicable height limit established for the
Zones specified in the "Raleigh -Durham International Airport Height
Zoning Ordinance" adopted by the Raleigh -Durham Airport Authority and
as may amended from time to time by the Raleigh -Durham Airport
Authority are prohibited in the Airport Overlay. Structure means an
object, including a mobile object, constructed, or installed by man,
including, but not limited to, buildings, towers, cranes, earth formations,
and overhead transmission lines. 0
(E) Nonconforming Uses and Structures
Nonconforming uses and structures may be continued in the Airport Overlay in
accordance with Chapter 17 of this Ordinance. However, no building permit shall
be issued that would allow the expansion of a structure or use that does not
comply with the requirements of this Ordinance.
(F) Location of Buildings and Parking Areas
All buildings and structures located in the Airport Overlay shall meet the minimum
setback requirements of the underlying zoning district and any other applicable
setback requirements set forth elsewhere in this Ordinance. All parking areas in
the Airport Overlay shall be located no less than 30 feet from the right-of-way of a
major thoroughfare.
Watershed Protection Overlay
(A) Purpose and Intent
The intent of the Watershed Protection Overlay is to ensure the availability of
public water supplies at a safe and acceptable level of water quality for present
and future residents of the Town and the surrounding region. Watershed
protection measures allowed by this section include:
(1) Restriction of land uses allowed within water supply basins; •
(2) Impervious area and density limitations; and
Town of Cary Land Development Ordnance Page 4-33

•
�J
•
Chapter 4: Zoning Districts
Sec_ 4.4 Overlay Zoning Districts
(3) Engineered stormwater control structures and the best management
practices as listed in the Department of Water Quality's State Design
Manual.
(B) Applicability
(1) Designated Watersheds
The Watershed Protection Overlay is an overlay district to be applied to
all lands lying within the watershed of a public water supply. The
boundaries of the Watershed Protection Overlay shall be shown on an
official map kept in the Planning Department. The Watershed Protection
Overlay consists of three sub -areas:
(a) Swift Creek Watershed;
(b) Jordan Lake Watershed; and
(c) Jordan Lake Watershed Critical Water Quality Area.
(2) Applicability to Development Activity
(a) The following types of development activity are exempt from the
requirements of this Section 4.4.6:
(b)
1. Development existing prior to June 30, 1993;
2. Development on vacant tots inside of PDs approved
prior to June 30, 1993;
3. Development on vacant lands in subdivisions platted
prior to June 30, 1993, 'unless such lands have
undergone a zoning change after June 30, 1993; and
4. Redevelopment provided there is no increase in the total
amount of impervious surface for a lot or development
site.
The requirements of this Section 4.4.6 shall. apply to the
following:
1. Vacant land that is rezoned from its designation in place
on June 30, 1993;
2. New lands added to a planned development after June
30, 1993, even if the original planned development was
approved prior to June 30, 1993;
3. Development in a planned development if the
development had to be amended after June 30, 1993, to
accommodate the development;
4. Any expansions to existing development in place as of
June 30, 1993 (provisions are only applied to the
addition, not the impervious surface in place on June 30,
1993).
Town of Cary Land Development Ordinance
Page 4-34

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoninq Districts
(3) Sedimentation and Erosion Control
Responsible control of erosion and sedimentation is crucial to the
protection of stormwater quality and the continued proper function of the
measures required in this section. Requirements pertaining to
sedimentation and erosion control are addressed in Section 7.4 of this
Ordinance.
(C) Procedures for Development Approval
(1) Development Review
All development within the Watershed Protection Overlay shall
demonstrate compliance with the requirements of this Section 4.4.6 at
the time of approval of a subdivision plan or site plan. Applicants
complying with the standards of this section must also satisfy all other
applicable requirements and obtain all other necessary approvals or
permits under this Ordinance.
(2) Protection Measures Prerequisite to Certificate of Occupancy
A Certificate of Occupancy shall not be issued for any development in
the Watershed Protection Overlay until all of the watershed protection
measures required by this section have been approved and are in place
on the property.
(D) Overview of High Density and Low Density Development Options
There are two development options in the Watershed Protection Overlay, a Low
Density Option and a High Density Option, each with different provisions related
to either the Swift Creek Watershed or the Jordan Lake Watershed as well as to •
sub -areas within either watershed.
(1) Impervious Surfaces
The maximum allowable amount of impervious surface within a proposed
development is limited based upon the Low or High Density Option, and
differs from watershed to watershed as depicted in Tables 4.4-1 and 4.4-
2.
(2) Calculation of Impervious Surfaces
Calculation of impervious surface area shall include the pavement area
of all existing and proposed internal public and private streets, one -halt
of the width of roadways on the perimeter of the project, driveways,
rooftops, parking lots, patios, and all other impervious surfaces. For the
purpose of calculating the impervious surface of roadways on the
perimeter of a project, the ultimate pavement cross section of the
roadway based on the Thoroughfare Plan and any sidewalk(s) or
greenway(s) along the perimeter roadway will be included in the
calculation. For purposes of calculating the percentage of impervious
area coverage, the total project area shall be regarded as the actual area
of the property plus the area within the rights of way of the internal and
perimeter streets included in the calculation of impervious area.
(3) Residential Density
In addition to limitations on the amount of impervious surface, the Low
and High Density Development Options limit the gross residential
densities of projects based upon the watershed where they are
proposed, with higher densities allowed under the High Density Option
as depicted in Tables 4.4-1 and 4.4-2.
Town of Cary Land Development Ordinance Page 4-35

•
E
•
Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
(4) Runoff Control
Engineered stormwater controls intended to control the "first inch" of
stormwater runoff are required in any development utilizing the High
Density Option in either watershed.
(E) Restrictions on Allowed Uses
The uses allowed within the Watershed Protection Overlay are the same as the
uses permitted in the general use zoning district within which the land is located,
pursuant to Table 5.1-1. However, the following uses are allowed within the
overlay district only if they comply with the performance standards set forth in this
Section 4.4.6.
(1) Swift Creek Watershed and the Jordan Lake Watershed
(a) All industrial service uses;
(b) All waste -related uses;
(c) Uses producing and/or storing toxic and/or hazardous materials-,
and
(d) Any use discharging sewage, industrial waste and/or non -
process industrial waste.
(2) Jordan Lake Watershed Critical Water Quality Area
All uses set forth in paragraph (1) above; and all agricultural uses.
(F) L,imitations on Impervious Surface Area and Density
(1) tow Density Option
Maximum impervious surface limits for the. Low Density Option are set
forth in: the table below. Separate regulations are provided for the
Jordan Lake and Swift Creek areas. The Jordan Lake regulations
recognize two sub -areas, the Critical Area and the remainder of the
watershed; while the Swift Creek regulations distinguish between three
different sub -areas: New Suburban, New , Urban, and Existing Urban
development. These sub -areas are depicted on the Town's Official
Zoning Map and the Land Use Plan Map.
• • . • -
Swift Creek Watershed
Suburban -New
Urban -New
Existing Urban
Residential
Non
Residential
Non-
Residential and Non -
Residential
Residential
Residential
6.0 dwelling units per
The impervious
2.5 dwelling
acre east of Holly
surface of tl�e
units per acre
Springs Rd., Greater
underlying zoning of
not to exceed
°
12 /°
than 6.0 units per
°
12 /°
the propertynot to
12%
acre west of Holly
exceed 12 /°
impervious
Springs Rd., not to
impervious surface
surface area.
exceed 12%,
im ervious surface
area.
Jordan Lake Watershed
impervious surfaces shall not exceed 24% of the project area, or two dwelling units per acre; or
three dwelling units per acre and 36% impervious surface area for projects containing streets built
without curbs and gutters.
Town of Cary Land Development Ordinance
Page 4-36

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
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Jordan ■
exceed Critical Area
Non-residential and non -single-family residential development's impervious surface ratios shall not
density of •le -family residences shall notexceed two dwellirig units er acre.
(2) High Density Option
High Density Option development proposals may be approved, provided
that the development applications are consistent with the following
standards:
Swift Creek Watershed
Suburban -New Urban -New
Existing Urban
Residential
Non-
Residential
Non-
Residential and
Residential
Residential
Non -Residential
Sewer
Required
Impoundment
Required to contain the runoff from the first one inch of rainfall. Public or private maintenance.
and
(Other BMPs besides impoundments may be available; consult the Division of Water Quality's
Maintenance
State Design Manual for Best Mana ement Practices Related to Stormwater ControlThe
6.0 dwelling units per
The
The impervious
2.5 dwelling
impervious
acre east of Holly
impervious
area allowed
Maximum
units per
area allowed
Springs fed., Greater
area allowed
under the
Impervious
acre not to
under the
than 6.0 units per acre
under the
underlying
Surface
exceed 30%
underlying
west of Holly Springs
underlying
general use
Limits
impervious
general use
°
Rd., not to exceed 70 /°
general use
zoning districts,
surface
zoning
impervious surface
zoning
not to exceed
area,
districts, not to
districts, not to
700
exceed 30%.
area.
exceed 70%.
°.
Jordan Lake Watershed
Where new development exceeds the Low Density Option Standards above, engineered stormwater controls
shall be used to control runoff from the first inch of rainfall and development shall not exceed-70% impervious
surface area.
Jordan Lake Watershed Critical Area
Where- proposed development exceeds the Low Density Option Standards above, engineered stormwater
controls are required to control runoff from the first inch of rainfall and development shall not exceed 50%
impervious surface area.
(G) Engineered Stormwater Control Structures
(1) Ownership and Design Requirements
Unless otherwise approved, ownership of stormwater control structures
shall remain with the owner of the property or a property owner's
association. All stormwater control structures shall be designed by either
a North Carolina registered professional engineer or landscape architect,
to the extent that the N.C. General Statutes allow. Other stormwater
systems shall be designed by a North Carolina registered professional
with qualifications appropriate for the type of system required-, these
registered professionals are defined as , professional engineers,
landscape architects, to the extent that the N.C. General Statutes allow
and land surveyors, to the extent that the design represents incidental
drainage within a subdivision, as provided in N.C. General Statutes.
•
(2) Structures Required for High -Density Option 0
All development under the high -density option shall use engineered
stormwater control structures as a primary treatment system.
Town of Cary Land Development Ordinance Page 4-37

Chapter 4: Zoning Districts
Sec, 4.4 Overlay Zoning Districts
Engineered stormwater control structures shall be designed for specific
pollutant removal according to modeling techniques approved by the
North Carolina Division of Environmental Management. Specific
requirements for these systems shall be in accordance with the Standard
Engineering Details and Specifications Manual.
(3) Ground Cover Required
In addition to the vegetative filters required in the Standard Engineering
Details and Specifications Manual, all land areas outside of the
engineered stormwater control structures shall be provided with a ground
cover sufficient to restrain erosion within 15 days after any land
disturbance. Upon completion of the stormwater control structure, a
permanent ground cover shall be established and maintained as part of
the maintenance plan described in paragraph (9) below.
(4) Legal Description Required
A legal description of the area containing the stormwater control
structure shall be prepared and filed consistent with Section 4.4.5(G)(9)
as a separate deed with the Wake County Register of Deeds along with
any easements necessary for general access to the stormwater control
structure. The deeded area shall include' sufficient area to perform
inspections, maintenance, repairs and reconstruction. The deeded area
shall include, but is not limited to detention' pond, vegetative filters, all
pipes and water control structures, berms and dikes.
S (5) Computation of Total Built -Upon Area
Qualifying areas of the stormwater control structure may be considered
pervious when computing total built -upon area. However, if the structure
is used to compute the percentage built -upon area for one site, it shall
not be used to compute the built -upon area for any other site or area.
(6) Wet Detention Ponds
Wet detention ponds designed following the Standard Engineering
Details and Specifications Manual, properly constructed, with all required
financial assurances and maintenance agreements in place may be
regarded as adequate to satisfy the impoundment requirements of the
entire upstream contributory drainage basin.
(7) Posting of Financial Security Required
All engineered stormwater control structures shall be conditioned on the
posting of adequate financial assurance for the purpose of construction,
maintenance, repairs, or reconstruction necessary for adequate
performance of the stormwater control structures. Financial assurance
shall be in the form of the following:
(a) Acceptable Forms of Security
During construction of the engineered stormwater control
device(s), cash or an evergreen letter of credit is required as
financial security. The cash or letter of credit shall be in an
amount equal to two times the total cost of the stormwater
control structure, as estimated by the applicant and approved by
the Town Engineer. The total cost of the stormwater control
• structure shall include the value of all materials such as piping
and other structures; seeding and soil stabilization; and, clearing,
grubbing, grading, excavation and Fill. The costs shall not be
prorated as part of a larger project, but rather under the
assumption of an independent project.
Town of Cary Land Development Ordinance Page 4-38

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning districts
(b) Cash or Letter of Credit Deposited after the Release of the
Performance Bond
After the engineered stormwater control structure is constructed
the performance bond required in (b)(1) above may be released,
provided that cash or an evergreen letter of credit as financial
security is deposited with the Town to ensure that the
engineered stormwater control structure is adequately
maintained. The permit applicant shall deposit with the Town of
Cary either cash or a letter of credit as financial security
approved by the Town that is readily convertible into cash at face
value. The cash or security shall be in an amount equal to 15
percent of the total cost of the stormwater control structure or the
estimated cost of maintaining the stormwater control structure
over a ten year period, whichever is greater. The estimated cost
of maintaining the stormwater control structure shall be
consistent with the approved operation and maintenance plan or
manual provided to the Town by the developer. The amount
shall be computed by estimating the maintenance cost for 25
years and multiplying this amount by two -fifths or 0.4.
(c) Operation and Maintenance Agreement
For all development built under the high density development
option, the permit applicant shall enter into a binding Operation
and Maintenance Agreement between the Town and all persons
having a freehold estate in the development. Said Agreement
shall require the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in
accordance with the operation and management plan or manual •
provided by the developer. The Town shall file the Operation
and Maintenance Agreement with the Wake County Register of
Deeds.
(d) Default Under the Security
Upon default of the permit applicant to complete and/or maintain
the stormwater control structure as spelled out in the
performance bond or other security, the Town may obtain and
use all or any portion of the funds necessary to complete the
improvements. The Town shall not return any funds not spent in
completing the improvements to the owning entity.
(e) Default Under the Cash Security
Upon default of the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in
accordance with the Operation and Maintenance Agreement, the
Town shall obtain and use all or any portion of the cash security
to make necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be made after
exhausting all other reasonable remedies seeking the owning
entity to comply with the terms and conditions of the Operation
and Maintenance Agreement. The Town shall not return any of
the unused deposited cash funds, which shall be retained for
maintenance.
(8) Inspections for Stormwater Control Structures and Release of •
Financial Security
(a) The Stormwater Management Engineer shall inspect the
stormwater control structure after the owning entity notifies the
Town of Cary Land Development Ordinance Page 4-39

•
•
Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
Stormwater Management Engineer that all construction -related
wont has been completed. At this inspection, the owning entity
shall provide:
The executed deed, related easements, operation and
maintenance agreement and survey plat for the
stormwater control structure ready for filing with the
Wake County Register of Deeds;
2. A certification sealed by an engineer stating that the
stormwater control structure is complete and complies
fully with the approved plans and specifications.
Reproducible as built plans showing best management
practices.
(b) The Stormwater Management Engineer shall review the
documents submitted by the owning entity and the Town's
inspection report.
If the Stormwater Management Engineer approves the
inspection report, deed and easements, and accepts the
certification, the owning entity shall file the Operation
and Maintenance Agreement; deed and easements with
the Wake County Register of Deeds and provide proof of
recordation to the Stormwater Management Engineer.
Upon receipt of proof of recordation, the Stormwater
Management Engineer will release the performance
bond or other security and issue a Certificate of
Watershed Protection,
2. If deficiencies are found; the Stormwater Management
Engineer shall direct the owning entity to correct the
deficiencies, make improvements and inspections and/or
correct documents and resubmit proof of the corrections
and/or improvements to the Stormwater Management
Engineer.
(c) A Certificate of Occupancy shall not be issued for any building
within the permitted development until the Town has approved
the stormwater control structure, as provided in Section
10.3.10(b).
(d) All stormwater control structures shall be inspected at least on
an annual basis by the Stormwater Management Engineer to
determine whether the controls are performing as designed and
intended. Records of inspection shall be maintained on forms
approved or supplied by the North Carolina Division of
Environmental Management. Annual inspections shall begin
within one year of filing date of the deed for the stormwater
control structure.
0(e) In the event the Stormwater Management Engineer discovers
the need for corrective action or improvements, the Stormwater
Management Engineer shall notify the owning entity of the
needed improvements and the date by which the corrective
action is to be completed. All improvements shall be made
Town of Cary Land Development Ordinance Page 4-40

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
consistent with the plans and specifications of the stormwater is
structure and the operation and maintenance plan or
manual. After notification by the owning entity, the Stormwater
Management Engineer shall inspect and approve the completed
improvements. The Stormwater Management Engineer may
consult with an engineer approved by the Town Council.
(f) Appeals of any order, requirement, decision or determination
made by the Stormwater Management Engineer may be made to
and decided by the Town Council.
(9) Maintenance and Upkeep
(a) An operation and maintenance plan or manual shall be provided
by the developer,for each stormwater control structure, indicating
what operation and maintenance actions are needed, what
specific quantitative criteria will be used for determining when
those actions are to be taken, and consistent with the Operation
Maintenance Agreement, who is responsible for those actions.
The plan shall clearly indicate the steps that will be taken for
restoring a stormwater control structure to design specifications if
a failure occurs.
(b) Landscaping and grounds management shall be the
responsibility of the owning entity. However, vegetation shall not
be established or allowed to mature to the extent that the
integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement or access to the
stormwater control structure. •
(c) Except for general landscaping and grounds management, the
owning entity shall notify the Stormwater Management Engineer
Prior to any repair or reconstruction of the stormwater control
structure. All improvements shall be made consistent with the
approved plans and specifications of the stormwater control
structure and the operation and maintenance plan or manual.
After notification by the owning entity, the Stormwater
Management Engineer shall inspect the completed
improvements and shall inform the owning entity of any required
additions, changes or modifications and of the time period to
complete said improvements. The Stormwater Management
Engineer may consult with an engineer approved by the Town
Council.
(d) Amendments to the plans and specifications of the stormwater
control structure and/or the operation and maintenance plan or
manual shall be approved by the Stormwater Management
Engineer. Proposed changes shall be prepared by an engineer.
if the Stormwater Management Engineer approves the
proposed changes, the owning entity of the stormwater
control structure shall file sealed copies of the revisions
with the Office of the Stormwater Management Engineer.
2. if the Stormwater Management Engineer disapproves
the changes, the proposal may be revised and
resubmitted to the Town Council as a new proposal. If
the proposal has not been revised and is essentially the
Town of Cary Land Development Ordinance Page 4-41

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
® same as that already reviewed, it shall be returned to the
applicant.
(e) If the Town Council or Stormwater Management Engineer finds
that the operation and maintenance plan or manual is
inadequate for any reason, the Stormwater Management
Engineer shall notify the owning entity of any required changes
and the owning entity shall prepare and file copies of the revised
agreement first with the Wake County Register of Deeds. The
owning entity shall then file a copy certified by the Register of
Deeds with the Office of the Stormwater Management Engineer.
(H) Clustered Development Option
Clustering of development in the Watershed Protection Overlay may be allowed
as an optional configuration in either Low Density or -High Density developments
on a project -by -project basis. Clustering shall follow the procedures and
standards set forth in Section 8.3, and is subject to the following additional
criteria:
(1) The overall density and/or impervious surface coverage of the project
may not exceed the density and/or impervious surface coverage allowed
under either the Low Density or the High Density option. At a minimum,
lot sizes shall conform to the standards of the TR district (see Chapter 6)
for single-family residential cluster development projects; however the
• total number of lots shall not exceed the number of lots allowed for
single-family residential development under any Chapter 4 zoning
district; and
(2) Impervious surfaces shall be designed and sited to minirize stormwater
runoff impacts on the receiving waters and to minimize the concentration
of stormwater Flow; and
(3) The remaining undeveloped portion of the tract shall remain in an
undisturbed vegetated or natural state. Where the development has an
established property owner's association, the title to the open space area
shall be conveyed to the association. Where a property owner's
association has not been established, a maintenance agreement shall be
filed with the Wake County Register of Deeds.
(1) Modifications and Variances
Requests for relief from the requirements of this Section 4.4.6 shall be decided
either by the Town Council or by the Environmental Management Commission,
depending on the watershed and the type of standard from which relief is sought.
(1) Variances Granted by the Environmental Management Commission
The Environmental Management Commission shall have the sole
authority to grant variances from the provisions of this Section 4.4.6 for
properties in the Jordan Lake Watershed and Jordan Lake Watershed
Critical Area.
• (2) Modifications Granted by the Town Council
The Town Council shall have primary, but not sole, authority to grant
modifications from the provisions of this Section 4.4.6 for properties in
the Swift Creek Watershed, pursuant to this Sub -section.
Town of Cary land Development Ordinance Page 4-42

Chapter 4: Zoning Districts
Sec. 4.4 Overlay Zoning Districts
(a) In the Swift Creek Watershed, the Town Council may modify the .
standards of Section 4.4,6(F), Limitations on Impervious Area
and Density, where using perimeter or adjacent roadways in the
impervious surface calculation causes a development to exceed
the allowed impervious surface percentage.
(b) In the Swift Creek Watershed, the Town Council may modify the
standards of Section 4.4.6(F), Limitations on Impervious Area
and Density, to allow impervious surface ratios greater than 12
percent but less than 24 percent. However, requests for relief
greater than 24 percent shall be forwarded for review and
decision by the Environmental Management Commission.
(3) Recommendation by Town Council to the Environmental
Management Commission
If an application calls for the granting of a modification as listed in
paragraph (2) above, the Town Council shall first reach a
recommendation on the modification in accord with the requirements of
Section 3.19. If the Town Council decides in favor of granting the
modification, the Town Council shall prepare a preliminary record of the
hearing as soon as possible and forward it to the Environmental
Management Commission. The preliminary record of the hearing shall
include_
(a) The modification application;
(b) The hearing notices;
(c) The evidence presented; •
(d) Motions, offers of proof, objections to evidence, and rulings on
them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be
added to the permit.
(4) Decision by the Environmental Management Commission
(a) Approval
If the Commission approves the variance as proposed or with
additional conditions, the Commission shall prepare a decision
and send it to the Town Council. The Town Council shall
prepare a final decision in accordance with the Commission's
decision.
(b) Disapproval
If the Commission denies the variance as proposed the
Commission will prepare a decision and send it to the Town
Council. The Town Council shall prepare a final decision in
accordance with the Commission's decision.
•
Town of Cary Land Development Ordnance Page 4-43

:7
•
C
Chapter 7: Development and Design Standards
Sec. 7.3 stormwater Management
1. Fertilization (optional)
2. Pruning within limits (applicant must define the limits)
3. Pest control
4. Mulching
5. Mowing (if any)
6. Protection of the root zones from equipment, construction and related
materials, etc.
7. Watering schedule for irrigation system
8. Other continuing maintenance operations
Failure to maintain all plantings in accordance with this plan may constitute a
violation of the Unified Development Ordinance and may result in fines."
7.3 STORMWATER MANAGEMENT
7.3.1 Purpose
This section is intended to protect water quality for present and future residents of the
Town and surrounding regions by limiting the amount of pollutants, including but not
limited to nitrogen, in stormwater runoff. Specific objectives include: protection of riparian
buffers, control of nitrogen export from development, control of peak stormwater runoff,
and the use of best management practices.
7.3.2 Protecting Riparian Buffers
(A) Establishment of Buffer
(1) All perennial and intermittent streams, including lakes, ponds, and other
bodies of water as indicated on the most recent version of the 1:20,000
scale (7.5 minutes) quadrangle topographic maps prepared by the
United States Geological Survey (USGS) shall have a 100-foot-wide
riparian buffer directly adjacent to such surface waters, excluding
wetlands.
Town of Cary Land Development Ordinance
Page 7-42

Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
(2) All other surface waters as indicated by the most recent version of the
Soil Survey of Wake or Chatham County, North Carolina, shall have a
50-foot-wide riparian buffer adjacent to such waters.
(3) In the Neuse River Basin, where obvious conflicts between actual field
conditions and USGS and Wake County Soil Survey maps exist, appeals
may be made to the North Carolina Division of Water Quality. All other
appeals for obvious conflicts may be made to the Town Manager or his
or her designee.
(4) Appeals to the 100-foot wide riparian buffer may be made as allowed by
Section 7.3.7.
(B) Delineation of Buffer Zones
This Ordinance establishes three zones of the riparian buffer which shall be
measured horizontally from the edge of the water body (i.e., top of bank), and
shall be divided into the following zones:
(1) Zone 1 (30 feet landward adjacent to stream bank): Severe development
restrictions.
(2) Zone 2 (20 feet landward adjacent to Zone 1): Strict development
restrictions.
(3) Zone 3 (50 feet
landward adjacent
to Zone 2): WATR 8COY
Moderate V 20 , 50'
development �—-
restrictions. 1W l 2WE 7 RVE s
Table 7.3-1 below identifies
the component parts of a
riparian buffer and the
associated governmental
agency with jurisdiction
over developmental activity
based upon the type of
stream and the river basin
where the stream is
located.
J-----' Edge of water body
----
Edge of Water body
o ZONE I (x ac
"'� Ce,TJoprneal restrkl- ---
a ZONE 3 (moeuolt
`n deveiepmmt reslr fctlons) -
_ .._._.... _............. ......
Delineation
of Buffer
•
•
0
Town of Cary Land Development Ordinance Page 7-43

•
Chapter 7: Development and Design Standards
Sec: 7.3 Stormwater Management
7�7tmu-�OARIAN BUFFER TY ES AND - r •
Zone 1 (first 30 feet) NC DWQ
..11
Zone 1 (first 30 feel} Town of
Ca
USGS Stream
Zone 2 (20 feet beyond
edge of Zone 1)
NC QWQ
Zone 2 {20 feet beyond
edge of Zone 1)
Town of
Cary
Zone 3 (50 feet beyond
outer edge of Zone 2)
Town of
Cary
Zone 3 (50 feet beyond
outer edge of Zone 2)
Town of
Cary
County Soils
Zone 1 (first 30 feet)
NC DWQ
Zone 1 (first 30 feet)
Town of
Cary
Map Stream
Zone 2 (20 feet beyond
edge of Zone 1)
INC DWQ
Zone 2 (20 feet beyond
edge of'Zone 1)
Town of
Cary
(C) Activity within Buffer
Activity may take place within any riparian buffer zone as defined by 15A NCAC
2B.0233 as amended, and if allowed by Section 3.22; Tree Clearing Certificate.
Likewise, those activities are also allowed within zone 3. Within the Neuse River
Basin, development activity may take place within Zone 1 and Zone 2 provided
that the landowner has obtained one of the following:
9(1) An authorization certificate that documents that the NC Division of Water
Quality has approved an allowable use.
(2) An opinion from the NC Division of Water Quality that vested rights have
been established for that activity.
(3) A letter from the NC Division of Water Quality documenting that a
variance has been granted for the proposed activity.
(4) For development in Zone 3 of streams in the Neuse River Basin or within
any riparian zone of a stream within the Cape Fear Basin, such
development may occur provided that the landowner has obtained one of
the following:
(a) An authorization certificate which documents that the Town has
approved an allowable use; or
(b) An opinion from the Town that vested rights have been
established; or
(c) A letter from the Town documenting that a variance has been
granted for the proposed activity.
(D) Description of Buffers on Site and/or Subdivision Plans
Stream buffers shall be shown on all site plans and subdivision plats approved
within the Town's planning jurisdiction. In addition, riparian buffers shall be
shown on the inventory of natural resources required as part of site and/or
subdivision plan approvalsite and/or subdivision plan.
Town of Cary Land Development Ordinance Page 7A4

Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
(E) . Exclusion of Buffer from Lots •
Generally, no single-family lots created through a site and/or subdivision plan
shall be platted into a riparian buffer. However, the Town Council may allow
riparian buffers to be included in lots only when all of the following conditions are
met:
(1) The buffer impacts a limited part of the subdivision (e.g., less than ten
lots).-
(2) There is no other reason for the formation of a homeowners association
(e.g., covenant, other common areas);
(3) The buffer is placed in a permanent conservation or other legal
instrument dedicated to the Town (required documents must be provided
prior to recording the plat for the impacted area).
(4) Buffers allowed to be included in lots under this section shall meet the
requirements of Section 7.2.3 (J), Ownership of Buffers.
(F) Exemptions
(1) Within the Neuse River Basin, single family residential lots platted prior
to July 27, 2000 or residential subdivision plans submitted to the Town
prior to July 27, 2000 shall be exempt from Section 7.3.2(C) Activity
within Buffer requirements.
(2) Greenways may be placed within Zone 3 of riparian buffers in either the •
Neuse River Basin or the Cape Fear Basin, and shall be exempt frorn
Sections 7.3.2(C) and 7.3.7, Modifications and Variances. Greenways
shall maintain sheet flow to the riparian buffer, mitigation may be
required where concentrated flow occurs.
7.3.3 Nutrient Reduction Requirements
(A) Nitrogen Control Plan Required
For purposes of this section, nitrogen control plans shall he required for the
following:
(1) Any activity that disturbs greater than one acre of land in order to
establish, expand, or modify a single-family or duplex residential
development or a recreational facility.
(2) Any activity that disturbs greater than 12,000 square feet of land in order
to establish, expand or modify a multifamily residential development or 1
commercial, industrial or institutional facility.
(3) Any grubbing, stump removal, and/or grading activity that disturbs
greater than 12,000 square feet
(4) Demolition and subsequent construction upon a previously developed
site.
Town of Cary Land Development Ordinance Page 7-'t`)
is

0
•
•
Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
(B) Exemptions
(1) For purposes of this section, development or land disturbance shall not
include agriculture, mining, or forestry activities.
(2) Existing development as of March 1, 2001, is not subject to the
requirements of this Section. Expansions to existing development must
meet the requirements of this Section. The impervious surface area of
the existing development is not required to be included in the nitrogen
load attributed to the site expansion; nitrogen calculations must follow
Town procedures for allocating undeveloped land to the site.
(3) Redevelopment and/or rebuilding activity which -results in no net increase
in the built -upon area from that that previously existed and which
provides equal or greater stormwatef control than that provided by
previous development.
(C) Calculation of Nitrogen Export
The nitrogen export from each development must be calculated per Town
procedures and approved by the Stormwater Manager or his or her designee.
This export will be calculated in pounds per acre per year (lblac/yr). For
calculating nitrogen export, refer to Controlling Urban Runoff: A Practical Manual
for Planning and Designing Urban BMPs (Schueler's Simple Method), or to the
Neuse River Basin. Model Stormwater Program for Nitrogen Control Manual
(Methods 1 & 2), or for calculating nitrogen export loading:
(1) Method 1 is intended for residential developments where lots are shown
but the actual footprint of the buildings is not shown on the plans.
(2) Method 2 is for residential, commercial, and industrial developments
when the entire footprint of the buildings, parking lots, road, and any
other built -upon area -is shown.
(3) The Scheuler Simple Method may be used for new development on a
case -by -case basis as approved by the Town.
(D) Nitrogen Export Standards
All developments must achieve a nitrogen export of;less than or equal to 3.6
pounds per acre per year. If the development contributes greater than 3.6
pounds per acre per year of nitrogen, then the table below explains the options
available depending whether the development is residential or non-residential.
The offset payment option shown below is oNy available for developments within
the Neuse River basin.
If the computed export is less than 6.0 Ibslaclyr then the
owner may either:
• Install BMPs to remove enough nitrogen to bring the
development down to 3.6 Ibs/aclyr.
• Pay a one-time offset payment of $3301lb to bring
the nitrogen down to the 3.6 Ibslac.lyr.
• Do a combination of BMPs and offset payment to
achieve a 3.6 Ibslaclyr export. _
It the computed export is less than 10.0 Ibslac/yr, then
the owner may either;
• Install BMPs to remove enough nitrogen to bring the
development down to 3.6 lbs/aclyr.
• Pay a one-time offset payment of $330/lb to bring
the nitrogen down to the13.6 Ibslaclyr.
• Do a combination of BMPs and offset payment to
achieve a 3.6 Ibslaclyr export.
Town of Cary Land Development Ordinance
Page 7-46

Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
is
If the computed export is greater than 6.0 lbslaclyr, the If the computed export is greater than 10.0 Ibslaclyr, the
owner must use on -site BMPs to bring the development's owner must use on -site BMPs to bring the development's
export down to 6.0 Ibs/aclyr. Then, the owner may use export down to 10.0 lbslaclyr. Then, the owner may use
one of the three options above to achieve the reduction one of the three options above to achieve the reduction
between 6.0 and 3.6 Ibslaclyr" _ _ between 10 and 3.6 Ibslaclyr.
Once it has been determined that an offset payment is forthcoming, the owner
shall furnish the Town with evidence that the North Carolina Division of Water
Quality has received payment prior to the Town's issuance of a grading permit.
For developments outside of the Neuse River Basin, the owner must provide
evidence of intent to reduce nitrogen export to the levels required by this section
to the maximum extent practicable.
7.3A Peak Runoff Control
There shall be no net increase in peak stormwater runoff flow leaving a development
from predevelopment conditions for the one-year design storm. New developments are
required to minimize damage to subject streams caused by storm flows.
(A) Calculation of Peak Flow
Acceptable methodologies for computing pre- and post -development conditions
for the one-year design storm include:
(1) The Rational Method (used when the drainage area is 200 acres or less) •
(2) The Peak Discharge Method as described in USDA Technical Release
Number 55 (TR-55) (drainage area is 2,000 acres or less)
(3) The Putnam Method (drainage area is greater than 2,000 acres)
The same method must be used for both the pre- and post -development
conditions.
(B) Exceptions to Peak Flow Control
Developments with less than ten percent net increase in peak flow are not
required to control peak flow from the site. However, if the net increase in peak
flow from the new development is greater than ten percent, the entire net
increase from pre -development peak flow must be controlled.
7.3.5 Allowable Best Management Practices
Neuse River buffers required by the Division of Water Quality may not be used for
compliance with nitrogen reduction requirements; however, additional 50-foot buffers
(including locally required buffers) may be used as nitrogen control BMPs. New
development outside of the Neuse basin may use riparian buffers for nitrogen control.
The following best management practices may be utilized for nitrogen reduction:
(A) Wet detention ponds;
(B) Constructed wetlands;
(C) Open channel practices;
Town of Cary Land Development Ordinance Page 7-17

0 (D) Riparian buffers;
•
Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
(E) Bioretention;
(F) Proprietary BMPs;
(G) Others, as approved by the Town of Cary and the North Carolina Division of
Water Quality
The total nitrogen (TN) BMP removal rates are provided in the table below.
7.3-2: BMP
BMP T S
Wet detention ponds
Constructed wetlands
TYPES, TN
REMOVALTABLE
Basedoval Rite
on Current
Literature
25%
40%
r DESIGN STANDARDS
'DesignSt ..
NC and MD Design Manuals
NC and MD Desi n Manuals
Open channel practices
30%
NC and MD Design Manuals
Riparian buffers
30%
Neuse Riparian Buffer Rule (35A
NCAC2B.0233)
Riparian buffers with a
reenwa
20%
Vegetated filter strips with
levels reader
20%
NC and MD Design Manuals and other
literature information
Bioretention
25%
NC and MD Design Manuals
Sand fillers
35%
NC and MD Design Manuals
Proprietary BMPs
Varies I
Per manufacturer subject to DWQ approval
Other BMPs
Varies
Subject to DWQ approval
If more than one BMP is installed in series on a development, then the removal rate shall
be determined through serial rather than additive calculations. For example, if a wet
detention pond discharges through- a riparian buffer, then the removal rate shall be
estimated to be 47.5 percent. The pond removes 25 percent of the nitrogen and
discharges 75 percent into the buffer. The buffer then removes 30 percent of the
nitrogen discharged from the pond, which is 22.5 percent. The sum of 25 and 22.5 is
47.5. The removal rate is not 25 percent plus 30 percent.
7.3.6 Maintenance of Best Management Practices
All best management practices that are implemented to achieve nitrogen reduction and
flow attenuation will require complete legal documentation and a maintenance plan. For
the purposes of this section refer to Section 4.4.6(H), Engineered Stormwater Control
Structures.
7.3.7 Modifications and Variances
(A) Modifications by Town Council
All requests for relief from the requirements of this Section, only as they apply to
Zone 3 of a riparian buffer within the Neuse River Basin or any riparian buffer
Zones within the Cape Fear River Basin, shall be decided by the Town Council.
Relief from the requirements of this Section may also be permitted through the
Planned Development District rezoning and/or site plan approval processes
provided sufficient documentation is provided to meet criteria listed below.
Banking land within the same watershed may be required. The land to be
banked shall have significant water quality value, such as being contiguous to an
existing flood plain, wetland, or riparian area. The land to be banked shall be
preserved in a permanent conservation easement or other legal instrument
Town of Cary land Development Ordinance _ Page 7-48

(B)
(C)
Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
whose provisions prohibit both farming and unapproved logging. This •
modification shall be based on documentation of practical difficulties or
unnecessary hardships and documentation of the effects on water quality caused
by development within the buffers as related to the following criteria. This
documentation must include but not be limited to concept plan for the use of the
site and data showing the impact on water quality
(1) The basic project purpose cannot be practically accomplished in a
manner that would better minimize disturbance and protect water quality:
(2) The use cannot practically be reduced in size or density or redesigned to
minimize disturbance and protect water quality;
(3) BMPs will be used if necessary to minimize disturbance and protect
water quality;
(4) Impact to Zone 3 must be minimized to the maximum extent practical;
(5) Compensatory mitigation must be done on at feast a 1:1 ratio on a
square foot basis for any impacts to the Zone 3 riparian buffer.
Mitigation ratios will be determined on a case -by -case basis. Additional
mitigation may be required based upon the severity of impacts.
Suggested mitigation ratios are listed below:
(a) 1:1 for restoration of a degraded buffer;
(b) 3:1 for preservation of an existing buffer; and
(c) 10:1 for preservation of open space.
(6) The applicant must receive written approval from the Stormwater
Services Manager acknowledging that these conditions have been met
before any impacts to the riparian buffer shall occur:
If a Planned Development (PD) exceeds the open space requirement, the PD
may qualify for land banking.
Variances Granted Only by the Environmental Management Commission
Only the Environmental Management Commission shall have the authority to
grant variances from any other provisions of this Section.
Other Modifications
(1) Watershed Plans
The Town may develop and
protection plans that may be
requirements of this Ordinance.
implement comprehensive watershed
used to meet part, or all, of the
(2) Management on Case -by -Case Basis
In some cases, the Stormwater Services Manager may require more
stringent stormwater management measures on a case -by -case basis
where it is determined that additional measures are required to protect
water quality and maintain existing and anticipated uses of these waters
and/or to minimize off -site damage from stormwater runoff. is
Town of Cary Land Development Ordinance Page 7-49

Chapter 7: Development and Design Standards
Sec. 7.3 Stormwater Management
is7.3.8 Illegal Discharges to the Storm Sewer System
(A) Purpose
This section is intended to provide for the enforcement of the Town's Storm
Water Management Program, to prohibit non -storm water discharges to the Town
storm sewer, to require the removal of illicit connections to the Town storm
sewer, and to prevent improper disposal of materials that degrade water quality.
(B) Depositing Certain Substances in Storm Sewer System
It is unlawful for any person to empty or deposit in any storm sewer system in the
Town, directly or indirectly, any substance, liquid or solid, which by reason of its
nature, it:
(1) is or may become a public health hazard endangering human or animal
health;
(2) Is a nuisance, including substances which are unsightly or malodorous or
may become so;
(3) Interferes or may interfere with free and rapid flow of surface water;
(4) Is inflammable or explosive:
(5) Is toxic to plant or animal life;
(6) Is corrosive or has properties which may damage or render unsightly the
storm sewer system; or
(7) Affects adversely the State of North Carolina', classification of the stream
into which the storm sewer system discharges.
(C) Obstructing Storm Sewer Systems
It is unlawful for any person to place any obstruction in any storm sewer system
in such a manner as to obstruct or impede the free flow of surface water. This
section does not apply to the construction, reconstruction, or alteration of storm
sewer systems in manner consistent with sound engineering practices.
(D) Permit Required for Construction, Repair or Alteration of Storm Sewer
Systems
No person shall construct, repair, or alter any storm sewer for the purpose of
draining water from any land or premise unless he shall have first applied for and
obtained therefore a permit from the Stormwater Services Manager. The
application shall be in writing and on a form provided by the Stormwater Services
Manager. The Stormwater Services Manager shall issue the permit unless the
Stormwater Manager finds that the construction or repair work or alter proposed
would be contrary to the provisions of this section. The Stormwater Services
Manager may impose reasonable conditions upon the issuance of the permit to
ensure compliance with this article. Such conditions may include, but shall not
• be limited to: specifications of the materials to be used and the manner in which
the work or alteration is to be performed. It is unlawful for any person to perform
any work or make any alteration for which a permit is required under this section
except in compliance with said permit.
Town of Cary Land Development Ordinance Page 7-50

Chapter T Development and Design Standards
Sec. 7.4 Soil Erosion and Sedimentation Control
(E) Nuisances 0
(1) The existence of any condition that obstructs or impedes the free flow of
surface water contrary to the provisions of this section shall constitute a
nuisance.
(2) Any condition that violates the provisions of Section 7.6.3(A) constitutes
a nuisance.
(F) Notice to Property Owner of Obstruction
If the Stormwater Services Manager finds any storm sewer system to be
constructed, arranged, 'clogged, or in such disrepair as to impede, obstruct or
hinder the free flow of surface water in a manner that conflicts with acceptable
engineering practices, he shall give notice in writing to the owner of the premises
on which the condition exists to remedy the condition within such times as the
Stormwater Services Manager may reasonably prescribe. tt shall be the duty of
said owner to remedy or cause to be remedied the said condition within the time
prescribed by the Stormwater services Manager, provided however, said owner
may request an informal hearing before the Stormwater Services Manager or his
or her designee by giving written notice of such request to the Stormwater
Services Manager within the time prescribed by the Stormwater Services
Manager. The Stormwater Services Manager or his or her designee shall fix the
time and place for such informal hearing. A timely request for informal hearing
made pursuant to this section suspends the requirements of the Stormwater
Services Manager's earlier notice until the Stormwater Services Manager or his
or her designee issues a further notice subsequent to the informal hearing.
(G) Violations; Penalties •
(1) A violation of Section 7.6.3(A), (B), or (C) shall be a misdemeanor
punishable in the manner -prescribed by G.S. 14-4 for each separate
violation.
(2) Any person who fails to comply with a notice issued by the Town
Manager pursuant to this section shall upon conviction be guilty of a
misdemeanor as provided by G.S. 14-4.
(3) This article may be enforced by any remedy prescribed by G.S. 16OA-
175.
7.4 SOIL EROSION AND SEDIMENTATION CONTROL
7.4.1 Purposes
This section is adopted for the purpose of regulating land -disturbing activities in order to
control accelerated erosion and sedimentation and accordingly to prevent water pollution
from sedimentation, to prevent accelerated erosion and sedimentation of lakes and
natural watercourses, and to prevent damage to public and private property by
sedimentation during and after construction.
7.4.2 Permit and Approval Requirements
Land -disturbing activities shall be subject to the requirements and procedures set forth in
Section 3.13 of this Ordinance for obtaining grading permits and the approval of erosion
control plans and required permits by the U.S. Army Corps of Engineers or other federal
or state agencies responsible for regulating development in wetlands. Any required state
and/or federal permits must be obtained prior to the issuance of a grading permit.
Town of Cary Land Development Ordinance Page 7-51

Chapter 7: Development and Design Standards
Sec. 7.4 Soil Erosion and Sedimentation Control
0 7.4.3 General Erosion and Sedimentation Control Standards
E
All persons conducting land -disturbing activities shall take ,all reasonable measures to
protect all public and private property from damage by such activities. Any and all state
and/or federal standards apply and must be met. In situations where state and/or federal
rules conflict with the provisions of this section, the more restrictive shall apply. All land -
disturbing activities, except for those exempted by Section 3:13.1 of this Ordinance, shall
meet the following standards:
(A) Conveyance Channels
(1) Stream banks and drainageway channels downstream from any land -
disturbing activity shall be protected from. increased degradation by
accelerated erosion caused by increased velocity of runoff from the land -
disturbing activity. The land -disturbing activity shall be planned and
conducted such that the velocity of stormwater runoff in the receiving
watercourse at the point of discharge resulting from a ten-year storm
after development shall not exceed the greater of:
(a) The velocity as determined from Table 7.4-1 below; or
(b) The velocity in the receiving watercourse determined for the ten-
year storm prior to development.
Fine sand noncolloidal
• •- a-
2.5
•
0.8
Sand loam noncolloidal
2.5
O.B
Silt loam noncolloidal
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine gravel .
5.0
1.5
Stiff clay (very colloidal
5.0
_
1.5
Graded, loam to cobbles
noncolloidal
5.0
1.5
Graded. silt to cobbles colloidal
5.5
17
Alluvial silts noncolloidal
3.5
1.1
Alluvial sills colloidal
5.0
1.5
Coarse gravel noncolloidal)
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
' These values are for channels with straight alignment. For sinuous channels, multiply allowable
velocity by 0.95 for slightly sinuous channels, by 0.9 for moderately sinuous channels, and by 0.8 for
highly sinuous channels.
(2) If the requirements of paragraph (1) above cannot be met, then the
channel below the discharge point shall be designed and constructed to
withstand the expected velocity. Any channel stabilization activities
involving stream bank stabilization may not be approved without the
required state and/or federal permits.
(3) Alternative and innovative measures to satisfy the intent of this
paragraph (A), applied either alone or in combination, may be used if
there are no objectionable secondary consequences and the applicant
can demonstrate to the Stormwater Services Manager that such
measures have the potential to keep slormwater discharge velocities
Town of Cary Land Development Ordinance Page 7-52

(B)
(C)
(D)
(E)
Chapter 7: Development and Design Standards
Sec. 7.4 Soil Erosion and Sedimentation Control
from creating an erosion problem in the receiving watercourse. Some •
alternative measures include:
(a) Avoiding increases in surface runoff volume and velocity by
including measures to promote , infiltration to compensate for
increased runoff from areas rendered impervious:
(b) Avoiding increases in stormwater discharge velocities by using
vegetated or roughened swales or waterways in lieu of closed
drains and high -velocity paved sections;
(c) Providing energy dissipators, which may range from simple rip -
rapped sections to complex structures, at the outlets of storm
drainage facilities to reduce flow velocities to the point of
discharge: and/or
(d) If the watercourse velocity is greater than 2.0 F.P.S., improving
cross -sections and installing erosion -resistant linings.
Slopes Left Exposed
Slopes left exposed shall be planted or otherwise provided with ground cover,
devices, or structures sufficient to restrain erosion within 15 working days
(exclusive of days where seed bed preparation is not possible due to weather as
determined by the Planning Director) or 30 calendar days after completion of any
phase of grading whichever period is less.
Design Requirements •
Erosion and sedimentation control measures, structures, and devices shall be
planned, designed, and constructed to provide protection from the calculated
maximum peak rate of runoff from the ten-year storm. Runoff rates shall be
calculated in accordance with the Town's Standard Specifications and Details
Manual. Calculations shall be submitted with the plans and shall be drafted and
organized in a neat and readable manner.
Protective Cover Required
All uncovered areas shall be provided with protective cover unless the Planning
Director has granted an extension of time, for good cause shown, upon written
request of the developer or landowner. This cover shall be installed within 15
working days (exclusive of days where seedbed preparation is not possible due
to weather as determined by the Planning Director) or 90 calendar days following
completion of any phase of grading, whichever period is shorter. Ground cover is
not required on cleared land forming the future basin of a planned reservoir.
Activity Near Watercourse
All land -disturbing activities near a lake or natural watercourse shall provide
erosion and sedimentation control measures. An undisturbed buffer may be
used as an erosion/sedimentation control measure, provided that the undisturbed
zone shall be of sufficient width to confine visible siltation within the 25 percent of
the undisturbed zone nearer to the land -disturbing activity. This requirement
shall not apply to land -disturbing activities for the construction of facilities to be .
located on, over, or under a lake or natural watercourse.
Town of Cary Land Development Ordinance Page 7-53

Chapter 7: Development and Design Standards
Sec. 7.4 Soil Erosion and Sedimentation Control
• (F) Protection During Construction
During construction, soil erosion and sedimentation control practices and devices
shall be employed that are sufficient to retain the sediment generated by the
land -disturbing activity within the boundaries of the tract during construction upon
and development of said tract in accordance with plans approved by the Town.
(G) Compliance with Town Manual
In addition to the standards set forth in this section, all soil erosion and
sedimentation control measures shall conform to the applicable minimum
standards set forth in the Town's Standard Specifications and Details Manual.
7.4.4 Basic Control Objectives for Erosion Control Plans
In addition to meeting the standards of this Section 7.4.3 above, all erosion control plans
submitted for approval under Section 3.13 of this Ordinance shall be developed and
implemented in accordance with the following objectives:
(A) identify Especially Vulnerable Areas
On -site areas that are subject to severe erosion, and off -site areas that are
especially vulnerable to damage from erosion and/or sedimentation, shall be
identified and receive special attention.
(B) Limit Time of Exposure
• All land -disturbing activities shall be planned and conducted to limit exposure to
the shortest feasible time.
(C) Limit Exposed Area
All land -disturbing activities shall be planned and conducted to minimize the size
of the area to be exposed at any one time_.
(D) Control Surface Water
Surface water runoff originating upgrade of exposed areas should be controlled
to reduce erosion and sediment loss during the period of exposure.
(E) Control Sedimentation
All land -disturbing activities shall be planned and conducted so as to prevent off -
site sedimentation damage.
(F) Manage Stormwater Runoff
When the increase in the velocity of stormwater runoff resulting form a land -
disturbing activity is sufficient to cause accelerated erosion of the receiving
watercourse, erosion control plans shall include measures to control the velocity
at the point of discharge so as to minimize accelerated erosion of the site and
increased sedimentation of the stream.
. 7.4.5 Borrow and Waste Areas
When the person conducting the land -disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the Mining Act of 1971 (G.S. 74-46 et seq., as amended), and waste areas
Town of Cary Land Development Ordinance Page 7-54

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
for surplus materials other than landfills regulated by the N. C. Department of Human,
Environment, and Natural Resources, Division of Solid Waste Management, shall be
considered as part of the land -disturbing activity from where the borrow material is being
used or from which the waste material originated. When the person conducting the land -
disturbing activity is not the person obtaining the borrow and/or disposing of the waste,
these areas shall be considered a separate land -disturbing activity.
7.4.6 Access and Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land -disturbing activity shall be considered a component of such
activity.
7.4.7 Operations in Lakes or Natural Watercourses
Land -disturbing activities for construction in, on, over, or under a lake or natural
watercourse shall be planned and conducted so as to minimize the extent and duration of
disturbance of the stream channel or lakebed. Where relocation of a stream is an
essential component of the proposed activity, the relocation shall be planned and
executed so as to minimize changes in the stream flow characteristics, except where the
developer or landowner demonstrates to the Planning Director that significant alteration
to the flow characteristics is justified.
7.5 FLOOD DAMAGE PREVENTION
7.5.1 Purpose
(A) The Flood Hazard Area of the Town is subject to periodic inundation that could
result in loss of life and property, hazards to public health and safety, disruption
of commerce and governmental services, damage to and disruption of public
utilities, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare_ These losses and hazards are caused by th.e cumulative
effect of obstructions in floodplains, which increase flood heights and velocities,
and by the occupancy in flood -prone areas by uses that are vulnerable to floods,
or hazardous to other properties, because they are inadequately elevated, flood
proofed, or otherwise protected from flood damages. Therefore, the regulations
set forth in this section are designed to:
(1) Restrict or prohibit uses that are dangerous to health, safety, and
property due to water or erosion or in flood heights or velocities:
(2) Require that uses that are vulnerable to floods, including facilities that
serve such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers that accommodate and restrain floodwaters;
(4) Prevent or control filling, grading, dredging, and other development that
may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers that will unnaturally
divert floodwaters or that may increase flood hazards to other lands:
(6) To ensure that potential homebuyers are notified that property is in a
flood -prone area.
Town of Cary Land Development Ordinance Page 7-55
is
�J

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
• (B) The degree of flood protection required by this section is considered reasonable
for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This section does not
imply that land outside the Flood Hazard Area will be free from flooding or flood
damages. Neither shall this section create liability on the part of the Town or by
any officer or employee thereof for any flood damages that result from reliance
on this section or any administrative decision lawfully made hereunder.
a
(C) In the interpretation and application of this section, all provisions shall be
considered as minimum requirements, shall be liberally construed in favor of the
Town, and shall be deemed neither to limit nor repeal any other powers granted
to the Town under state statutes.
7.5.2 Applicability
(A) Purpose
This section shall apply to all areas of flood hazard including 100-year floodplain
within the jurisdiction of this Ordinance, and all development in and near such
areas shall comply with the requirements of this section. Areas of 100-year
floodplain include those identified by:
(1) The Federal Emergency Management Agency through a scientific and
engineering report entitled "The Flood Insurance Study for the Town of
Cary, Wake County, North Carolina, dated March 3,1992. This Flood
Insurance Study, as may be amended- and updated from time to time by
the Federal Emergency Management Agency, along with the
accompanying Flood Insurance Rate Maps, Flood Hazard Boundary
Maps, and Floodway Maps, and any revisions thereto, is hereby adopted
by reference and declared to be a section of this Ordinance (on file in
Engineering Department).
(2) Other studies approved by the Town of Cary.
(13) Exemptions
(1) All new residential construction and substantial residential improvements
proposed on a parcel of land that has no buildable area outside the
Flood Hazard Area, and that was recorded prior to June 1978, shall be
exempt from the requirements for residential construction set forth in this
section, but shall be developed. in strict accordance with the
requirements for non-residential construction.
(2) Residential subdivisions submitted for review prior to May 10, 2001, shall
be exempted from the requirements prohibiting the platting of lands
located within the Flood Hazard Area, provided the section complies with
the requirements in place prior to May 10, 2001,
(3) Site and/or subdivision plans submitted prior to May 10, 2001, shall be
exempted from the special use permit for filling in the flood fringe portion
of the Flood Hazard Area.
Town of Cary land Development Ordinance Page 7-56

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
Components
of the Flood
Hazard Area
Diagram
(Reserved)
7.5.3 Development Restrictions and Related Standards In and Near the Flood Hazard
Area
(A) Development Restrictions
In general, no development is allowed in the Flood Hazard Area unless one or
more of the following are met:
(1) A special use is approved,
(2) The property/use is exempted from this requirement-, and/or
(3) The development is for roads, greenways, pedestrian crossings, park -
related equipment, or public utilities and facilities such as waste water,
gas, electrical, and water systems that are located and constructed to
minimize flood damage.
Structures for pedestrian crossings (e.g., footbridges, etc.), playground
equipment, and other similar items may be permitted if the applicant provides
certification by a professional registered engineer, architect, or landscape
architect that these encroachments will not result in any increase in flood levels
during the base flood.
(B) Development Standards
If development or encroachments are permitted, the following standards shall
apply in the Flood Hazard Area.
(1) All new non-residential construction and substantial improvements to
existing non-residential construction shall be:
(a) Anchored to prevent flotation, collapse, or lateral movement of
the structure; and
(b) Constructed with materials and utility equipment resistant to
flood damage; and
(c) Constructed by methods and practices that minimize flcod
damage.
(2) All new and replacement electrical, heating, ventilation, plumbing, air
conditioning equipment, and other service facilities shall be designed and
constructed to prevent water from entering or accumulating in or on the
components.
(3) All new and replacement water supply systems shall be designed to ID
minimize or eliminate infiltration of Floodwaters into the system.
Town of Cary Land Development Ordinance Page 7-57

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
(4) New and replacement sanitary sewer systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system and
discharges from the system into flood waters.
(5) On -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(C) Additional Development Standards and Restrictions for Areas with
Established Base Flood Elevation Data
(1) Residential Construction
(a) New construction of or substantial improvements to any
residential structure shall be located outside the Flood Hazard
Area and shall have the lowest floor, including basement,
elevated at least two feet above the base flood elevation.
"Substantial improvement" is defined in Chapter 12,
(b) No proposed building lot that is wholly or partly subject to
flooding shall be approved unless there is established on the
final plat a line representing an actual contour as determined by
field survey at an elevation two feel above the 100-year flood
crest elevation as determined by, the Federal Emergency
Management Agency (FEMA) Special Hazard Area Maps, or by
other studies approved by the Town. Such a line shall be known
and identified on the site and/or subdivision plan and final plat as
the "Building Restriction Floodline."
(c) Placement of fill within the floodway and/or flood fringe is
prohibited unless such activities are authorized through a Special
Use Permit.
(d) Subdivisions submitted after May 10,,2001, may not plat house
lots located within the Flood Hazard Area unless one of the
following exemptions are met:
1. This requirement does not apply to subdivisions within
Planned Developments provided that the master plan
and/or conditions have exempted lots trout) this
provision.
2. The Town Council may allow these areas to be included
in lots only when all of the following conditions are niet:
a. The flood hazard area impacts a limited section
of the subdivision (i.e., less than ten percent of
the total land area of the subdivision);
b. There is no other reason for the formation of a
homeowner's association to retain ownership
and maintenance responsibility for the Flood
Hazard Area (e.g., covenant, other conlnlon
areas);
C. The Floodplain is placed in a permanent
0 maintenance easement prior to plat recordation.
Town of Cary Land Development Ordinance Page 7-58

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
(2) Non -Residential Construction Approved within the 100-Year
Floodplain 0
(a) New construction of or substantial improvements to any
commercial, industrial, or other non-residential structure shall
have the lowest floor, including basement, elevated at least two
feet above the base flood elevation, with attendant utilities and
sanitary facilities flood -proofed.
(b) For all new construction and substantial improvements, fully
enclosed areas below the lowest floor that are subject to flooding
shall be designed to automatically equalize hydrostatic flood
forces on the exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must be
certified by a registered Professional Engineer or architect, or
must meet or exceed the following minimum criteria:
1. A minimum of two openings having a total net area of
not less than one square inch for every square foot of
enclosed area subject to flooding shalt be provided;
2. The bottom of all openings shall be no higher than one
foot above grade;
3. Openings may be equipped with screens, louvers, or
other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters; and
4. A registered professional engineer or architect shall
certify to the Town Manager that the standards of this
section are satisfied.
7.5.4 Limitations on Encroachments in Fioodways
The floodway, located within the Flood Hazard Area is an extremely hazardous area due
to the velocity of flood waters that carry debris, potential projectiles, and the potential for
erosion. Therefore, encroachments, including fill, in the floodway are permitted only in
limited circumstances and only under the following restrictions:
(A) There shall be no encroachment, including fill, unless the applicant has received
a Special Use Permit (see Section 3.8) or the use is permitted (see Section
7.5.3(A). The applicant for a special use involving the floodway portion of the
Flood Hazard Area shall provide certification by a professional registered
engineer, architect, or landscape architect that the encroachment will not result in
any increase in flood levels during the base flood.
•
Town of Cary Land Development Ordinance Page 7-59

e
•
is
(B) Once paragraph (A)
above is satisfied, all
new construction and
substantial
improvements shall
comply with all
applicable flood
hazard reduction
requirements of this
section.
7.5.5 Standards for Streams
without Established Base
Flood Elevations and/or
Floodways
Located within the
Flood
Hazard Area are
small
streams where no base flood
data has been provided or
where no floodways
have
been identified.
The
following provisions
apply
within such areas:
(A) No encroachments,
including fill, new
construction,
substantial
improvements, or
new development,
shall be permitted
within a distance of
the stream bank
equal to five times
the width of the
stream at the top of
the bank or 20 feet
each side from the
top of the bank,
whichever is greater,
unless a special use
is approved or the
use is permitted.
Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
5X X' 5X
I nr 9W min nr 7f1' min I
No encroachment No encroachment
area area
x'
�r
5X Stream 5x
or 20' min. or 20' min,
Whichever is greater whichever is greater
Standards for Streams
without Established
Base Flood Elevations
(8) In cases where the streams lacking base flood data are USGS or County Soils
Map streams, then the limitations upon encroachments shall apply to the entire
area within the associated riparian buffer, or an area five times the width of the
stream at the top of the bank, whichever is greater.
(C) If paragraph (A) above is satisfied, and base flood elevation data is available
from other sources, all new construction and substantial improvements within
such areas shall comply with all applicable flood hazard ordinance provisions of
this Section and shall be elevated or flood -proofed in accordance with elevations
established under Section 7.5.2. When base flood elevation data is not available
from a federal, state, or other source, the lowest floor, including basement, shall
be elevated at least two feet above the highest adjacent grade.
Town of Cary Land Development Ordinance Page 7-60

Chapter 7: Development and Design Standards
Sec. 7.5 Flood Damage Prevention
Diagram of 7.5.5(C)
[Reserved]
7.5.6 Cross Drainage Area Standards and Restrictions
For any new proposed development subject to flooding which includes, but is not limited
to, those lots along any significant watercourse, whether or not the stream or water
course is enclosed with a pipe or culvert; the applicant shall make a determination of the
crest elevation of the flood expected to be equaled or exceeded that has a 1 percent
chance of annual occurrence in accordance with generally accepted engineering
practice, which is to be submitted with the seal and signature of a Professional Engineer
to the Director of Engineering. Any new construction of, or substantial improvements (see
Chapter 12, Definitions) to, any residential or non-residential structure shall comply with
Section 7.5.3(C).
7.5.7 Special Requirements for Manufactured Homes
(A) No manufactured home shall be placed in the Flood Hazard Area, except when
located within an existing manufactured home park. In existing manufactured
home parks, all manufactured homes to be placed or substantially improved
within Zones Al-30, AH and AE, as indicated on the Flood Insurance Rate Map,
shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is two feet above the rase flood elevation and shall be
securely anchored to an adequate foundation system in accordance with the
provisions of (e) below.
(B) Manufactured homes may not be placed in the floodway.
(C) All manufactured homes within the Flood Hazard Area shall be anchored to resist
flotation, collapse, or lateral movement in accordance with the Regulations for
Mobile Homes and Modular Housing adopted by the Commissioner of Insurance
pursuant to N.C. Gen. Stat. 143-15. Where the required elevation can be met by
elevating the chassis no more than 36 inches above grade at the site, the
chassis shall be supported by reinforced piers or other foundation of equivalent
strength, When the elevation of the chassis is above 36 inches in height an
engineering certification is required.
7.5.8 Special Requirements for Development Proposals Requiring Site and/or
Subdivision Plan Approval
For purposes of this section only, the boundaries of the Flood Hazard Area for a
subdivision or a discrete phase of a subdivision are established if all of the following
conditions are met --
(A) The subdivision is approved for construction through approval of a preliminary .
subdivision plan and all other applicable permits;
(B) A substantial investment is made in constructing the subdivision.
Town of Cary Land Development Ordinance Page 7-61

Chapter 7: Development and Design Standards
Sec. 7.6 Nuisance and Hazard Control Standards
(C) In addition to satisfying the other requirements of this Ordinance, all proposals for
subdivisions and site plans shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have public utilities and facilities, such as wastewater, gas, electrical,
and water systems, located and constructed so as to rinimize flood
damage;
(3) Have all proposed residential structures located outside the Flood
Hazard Area, with the lowest floor, including basement, elevated at least
two feet above the base flood elevation;
(4) Have all proposed non-residential structures located outside of the Flood
Hazard Area, with the lowest floor, including basement, located at least
two feet above the base flood elevation (Note that an approved special
use may permit structures in a flood fringe — see Section 3.12.3)
(5) Have all drainage structures located within the Flood Hazard Area
designed to accommodate the 100-year flood without causing increased
base flood elevations on properties other than that for which
development approval is being requested;
(6) Shall provide base flood elevation data along with the subdivision plan or
site plan, which is submitted to the Town for approval.
• 7.6 NUISANCE AND HAZARD CONTROL STANDARDS
7.6.1 Purpose and Applicability
This section is intended to ensure that industrial, research, and other business activities
are established and maintained with proper appearance from streets and adjoining
properties, and to ensure that such activities are good neighbors to adjoining properties
by controlling the emission of noise, odors, glare, vibration, smoke, dust, liquid wastes,
radiation, radioactivity, and similar pollutants. Accordingly, this section states the
performance standards and conditions with which the Town expects the construction and
operation of industrial, research, and other business activities to comply. These
performance standards, like all other provisions of this Ordinance, are continuing
obligations, and all industrial, research, and other business uses will be expected to
operate in compliance with these standards. Any land use that fails to comply with these
standards shall be in violation of this Ordinance.
7.6.2 General Standards and Measures for Compliance
(A) All uses shall be conducted so as to preclude any nuisance, hazard, or
commonly -recognized offensive condition or characteristics of the use, including
the creation or emission on other properties of dust, gas, smoke, noise, fumes,
odors, vibrations, particulate matter, chemical compounds, toxic matter, fire,
explosions, electrical disturbance, heat, glare, or excessive night illumination. At
any time before or after a building is used or occupied, the Planning Director may
require that adequate control measures be provided in accordance with the
requirements or standards of the appropriate state of federal government agency
responsible for regulating that condition or pollutant, in order to protect the public
health, safety, comfort, convenience, and general welfare from any such
nuisance, hazard, condition, or pollutant.
Town of Cary Land Development Ordinance Page 7-62

Chapter 7: Development and Design Standards
Sec, 7.6 Nuisance and Hazard Control Standards
(B) Federal and State environmental regulations may also apply to one or more of
the features governed by the standards in Section 7.6.3 below. The intent is for
the standards of this section to supplement and complement, not supersede or
replace, any applicable Federal and State regulations. If any standard herein
conflicts with an applicable Federal or State standard, then the Federal or State
standard shall control_
7.6.3 Performance Standards
(A) Landscaping
All required front yards, side yards, and rear yards shall be open, landscaped
green areas or left in their naturat state. Where landscaped, such yards shall be
planted attractively with lawn, trees, shrubs, and the like in accordance with the
site plan which the Town has approved for the use. Any areas left in their natural
state shall be properly maintained in a sightly and well -kept condition. Parking
areas also shall be maintained in a sightly and welt -kept condition.
(B) Noise
Noise shall be muffled so as not to become objectionable at or beyond the
property line due to intermittent beat frequency, shrillness, or intensity.
(C) Odors
Odors from any use shall not exceed the standards established by the Stale of
North Carolina.
(D) Glare 0
Direct or reflected glare, such as from Floodlights or high temperature processes,
and as differentiated from general illumination, shall not be visible at or beyond
any property line.
(E) Smoke
Smoke emissions shall not exceed meet the maximum limits established by the
State of North Carolina.
(F) Dust and Other Particulate Matter
Solid or liquid particulate matter shall not be emitted at any point in a
concentration exceeding three -tenths grains per cubic foot of the conveying gas
or air.
(G) Gases
Fumes or gases shall not be emitted at any point in concentrations or amounts
that are noxious, toxic, corrosive, or in excess of any applicable maximum limits
established by State or Federal regulations.
(H) Fire and Explosion Hazards
All operations shall be carried out in accordance with the Town Fire Code and
with reasonable precautions against fire and explosive hazards. •
Town of Cary Land Development Ordinance Page 7-63

A Appendix D: Public Hearing
Affidavit of Publication
Town Council Meeting Minutes, February 27, 2003
U
0

s
El
•
AFFIDAVIT OF PUBLICATION
NORTH CAROLINA.
Wake County. ) Ss.
PUBLIC NOTICE — —I Before the undersigned, a, Notary Public of- Johnston
TOWN
PUHEARING
County North Carolina, duly commissioned and authorized to
The public wid take notice
administer oaths, affirmations, etc., personally appeared Ivy
P y PP
that the Cary lawn Council
will meet in eSession
Marsch, who, being duly sworn or affirmed, according to law,
on Thursday , February 27,
inffi
TownHollA dAitoriume and
loth depose and say that she is Billing Manager -Legal
ing A, 316 N. Academy Street.
Cary, NC to conduct a Public
Advertising of The News and Observer a corporation
hearing on the following
item.
organized and doing business wider the Laws of the State of
STORMWATER PERMIT
North Carolina, and publishing a newspaper known as The
APPLICATION
News and Observer, in the City of Raleigh Wake
The Town of Cary's NPDES
Phase it Stormwater Permit
y Count and State aforesaid, l the said newspaper per in which such
Appllcationwitibesuhmitted
to the Nc DivlSlor water
federal
notice, paper, document, or legal advertisement was published
Quality per mandate
by March 10, 2003. This per-
mit Is required of all municl-
ttl
was, at the time of each and every such publication, a
Polities designated as urban
areaSbvthe2000cenus.Tho
newspaper meeting all of the requirements and qualifications
permit includes the Town's
narrative stormwoter Mon-
of Section 1-597 of the General Statutes ol'North Carolina and
ogemenf Plan which de-
scribes the following
was a qualified newspaper within the meaning of Section I -
required minirnum measures
for'tstormwoter manage.
597 of the General Statutes of North Carolina, and that as such
1. Public Education and out-
she makes this allidavil, that site is familiar with the books,
reach
2. Public Involvement
files and business of said corporation and by reference to the
3.Mega 1 Discharge Detec-
flon and Elimination
files of said publication the attached advertisement for TOWN
P
4. construction site Runoff
s.Coai onstrucr;on Runoff
OF CARY was insertediin the aforesaid newspaper
6.Go dolHousekeeping and
on dates as follows: 02/16/03, 02/23/03
Polluhor Prevention
'
Anyone wishing to address
the Town Council during
these hearings must register Account Number: 46940490
to speak by contacting the
Cary Engineering Deport-
ment of (90) 469-4076, via
e - mail to
bpeurceQci.cory.nc.us, or in
Personal the Engineering
Department Olfices located
in Building B on the Cary
Town Hall Campus at 318
North Academy Street. Those
wishing to speak must regis-
ter with the Engineering De-
pariment by 5:00 p.m. on
Wednesday February 26,
2003. Copies of the related
materials are available for
review.
N80: February 16, 23, 2003
The above is correctly copied fiont the books and files of the aforesaid Corporation and publication
SEAL
Tilling' eanager-Legal Advertising
Sworn or affirmed to, and subscribed before me, this
24 day of FEBRUARY , 2003 AD
1n Testimony Whereof, I have hereunto set my (rand
and affixed my official seal, the day and year aforesaid.
i l '
/ Notaty Public
My commission expires 2nd day of July 2005.

REGULAR MEETING OF THE TOWN OF CARY Page 12 of 27
9 D. PUBLIC HEARINGS
1. Public hearing on the National Pollutant Discharge Elimination System (NPDES), Phase II, stormwater permit
application.
In 1987, Congress amended the Clean Water Act which mandated that the Environmental Protection Agency (EPA)
require that municipalities apply for permits to discharge stormwater to the "waters of the U.S." under the National
Pollution Discharge Elimination System (NPDES). In 1990, the initial phase of the Clean Water Act, NPDES Phase 1,
required that municipalities with populations greater than 100,000 apply for a stormwater discharge permit. In North
Carolina, it included the municipalities of Charlotte, Durham, Greensboro, Winston-Salem, Raleigh and
Fayetteville/Cumberland County.
In October of 2002 the temporary rules for Phase II of the NPDES program were approved by the worth Carolina
Environmental Management Commission which was authorized by the EPA to administer the NPDES program in North
Carolina.
The EPA has identified the Town of Cary, along with several thousand other communities across the country, as being
subject to the NPDES's Phase II program and has set a date of March 10, 2003 as the date when a permit application has
to be submitted to North Carolina Division of Water Quality for approval.
The program requires that the Town develop, implement, and enforce a stormwater management program (SWMP)
designed to reduce the discharge of pollutants from
Its municipally operated separate storm sewer system (MS4) to the maximum extent practicable (MEP), to protect water
quality and to satisfy the water quality requirements of the Clean Water Act. The SWMP must be fully developed and
implemented within five years from the effective date of the issued NPDES stormwater permit. A component of this plan is
a resolution to be adopted by council designating the appropriate person, in this case the Town Manager, to be
responsible for the enforcement of the SWMP and to ensure the Town's compliance with all required provisions of the
Clean Water Act.
The permit has six program components:
1. Public Education and Outreach on Stormwater Impacts
A program to distribute educational materials to the community or conduct equivalent outreach activities about the
impacts of stormwater discharges on water bodies and the steps the public can take to reduce pollutants in
stormwater runoff (Currently in place as part of the Town's stormwater program for nutrient removal)
2. Public Involvement and Participation
A program to reach out and engage all economic and ethnic groups and provide opportunities for the public to
participate in program development and implementation. (This public Hearing is serving as part of that
httD://www.towiiofcarv.orv/ai?enda/cotinciImin03/cniO22703.htm 6/28/2004

REGULAR MEETING OF THE TOWN OF CARY
Page 13 of 27
•
requirement.)
3. Illicit Discharge Detection and Elimination
A program to develop, implement and enforce detection and elimination of all illicit discharges to our storm drain
system. (A program currently in place in our stormwater program for nutrient removal.)
4. Construction Site Stormwater Runoff Control
A program to develop, implement and enforce reductions of pollutants to the Town's MS4 from construction
activities that disturb one acre or more of land. (Currently enforced by the Town's Erosion Control program.)
5. Post -Construction Stormwater Management in New Development and Redevelopment
A program to develop, implement and enforce management of post -construction stormwater discharges into the
Town's MS4. This includes both structural and non-structural BMPs. (This component has to be implemented by
March 10, 2005.)
6. Pollution Prevention 1 Good Housekeeping for Municipal Operations
A program to develop and implement an O&M program that includes a training component and has the
• ultimate goal of preventing or reducing pollutant runoff from municipal operations.
Staff Recommendation: Staff recommends that council adopt the resolution designating the Town Manager, on behal
Town, as the person responsible for the implementation of the Stormwater Management Plan to ensure its compliance
NPDES Phase II regulations and to forward the NPDES Phase II permit application to the NCDWO on or before Ma
2001
RESOLUTION
Authorization to Submit National Pollutant Discharge Elimination System Phase II Permit Application and Stormwater
Management Plan
WHEREAS, The United States Congress passed the Clean Water Act in 1972 and amended said Act in 1987 to address
controls for pollution carried by stormwater;
WHEREAS, The Environmental Protection Agency (EPA) was authorized to define and proscribe a program of measures
to improve the quality of water in our national and state streams, rivers and water bodies under the National Pollutant
Discharge Elimination System (NPDES) and promulgated Phase II rules on December,9, 1999 affecting communities and
institutions under 100,000 population;
WHEREAS, the State of North Carolina is delegated by EPA to establish a regulatory program for NPDES Phase II and
has established rules and regulations as required;
0 littp://www.townofcary.org/agenda/councilniin03/cm022703.litm 6/28/2004

REGULAR MEETING OF THE TOWN OF CARY
Page 14 of 27
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WHEREAS, the Town of Cary has been notified of and is legally designated to comply with the NPDES Phase li
regulations as established by EPA and the State, requiring the submittal of a permit application and stormwater
management plan:
WHEREAS, the regulations require designation of the legally responsible party and authorization for submittal of the
application and stormwater management plan; and
WHEREAS, the Town of Cary supports the goals and objectives of the regulatory program to provide a safe and healthy
environment for all its citizens;
NOW THEREFORE, the Town of Cary on this 27th day of February in 2003, is hereby resolved to the following:
1. The Town Manager, William B. Coleman, Jr. shall sign and submit on behalf of the Town of Cary no later than
March 10, 2003, the necessary documentation for compliance with the NPDES Phase II program requirements as
established by the State; and
2. The Town Manager or his designee shall carry out aq necessary strategies and requirements as set forth in the
stormwater management plan developed and submitted as required by the NPDES Phase II regulations, to ensure
compliance on behalf of the Town of Cary.
Mr. Terry Warren's power point presentation is attached to and incorporated in these minutes as Exhibit C.
No one came forward to speak, and Mayor Lang closed the public hearing.
ACTION: Mr. Weinbrecht made a motion to approve the resolution. Ms. Dorrel provided the second, and Council
granted unanimous approval.
2. Public hearing on the draft Land Development Ordinance, draft zoning map, and amendments related to the
Comprehensive Plan and Town Code.
Refer to the minutes of February 13, 2003 for the staff reports on this item. This public hearing was continued from the
February 13, 2003 meeting.
Staffs and consultant's power point presentation is attached to and incorporated in these minutes as Exhibit D.
Mr. Barker noted that staff continues to work to address the issue of in -home daycares.
Mr. Brian Barber requested a rezoning on his property at 1219 Walnut Street. He stated the conversion allows a 2500
square foot building or the size of the building that already exists. He stated this property has two lets, and it is more of a
transitional lot. He stated the current proposal under the conversion would require two buildings on two different lots. He
proposed that the rezoning allow one building closer to the road with a 4500 to 5500 foot building. He stated it would
serve as a sound barrier and a buffer to homes behind it. He stated what he wants to build will be compatible with the
surrounding homes.
Mr. Boots Elam of ETD, representing Rick Hendricks Automotive Dealership, stated the table of uses in Section 5.1 shows
a new ORD district, which replaces the current PEC district. He stated the new district has auto sales and rentals as
permitted uses, but the current PEC district refers to it as auto sales and service. They are concerned that the new chart
lists the service type items as special use permit items. He stated staff indicated this was not the intent of the ordinance.
He asked for clarification in the wording.
Mr. Ben Kuhn, attorney for the automotive group, distributed a map (Exhibit E attached to and incorporated in these
0 http://www.towtiofc;try.org/agenda/councilmin03/cm022703.htm 6/28/2004