NCS000442_APPLICATION_20100426

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
Alc�Q (f 0 'I-1(e;l--
DOC TYPE
0 FINAL PERMIT
fl ANUAL REPORT
APPLICATION
0 COMPLIANCE
❑ OTHER
DOC DATE
❑ � U �O d%
YYYYMMDD

ROCKY
DI:MOUNT STC�iZ�114 r17 LK �1:1Vr1Cii:�1}s J t
April 26, 2010
Mike Randall
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDFS Phase 1I Permit #NCS000442 Rcnewal
Dear Mr, Randall,
Please find enclosed one fully executed copy of the City of Rocky Mount's NPDES Phase 11 permit renewal
applicarion, atlong wirh ,i report prepared in accordance with Form SWU-26$.
if YOU have any questions or require -try acldirionsl information, please contact me nr [phone].
Sincerely,
Blair I-linklc, P.L.
Assistant Direcror & Stormwater Manager
Department of Public Works
Enclosure
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331 S�-mli I ranklin 4ucct • Po>t Office Box 118O • Po:ky Motmt, Noi li i,'w'(Ain i ?7502-I ISO
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State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
Date Rec'd
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small 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 ❑ New Application X Renewal (Permit No. NCS000442 )
a.
Name of Public Entity
City of Rocky Mount
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
City
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 — 97
Classification Code
e.
County(s)
Nash & Edgecombe
f.
Jurisdictional Area (square
44.10 City Limits; 69.95 Including ETJ
miles
g.
Population
Permanent
58,902
Seasonal (if available)
n/a
h.
Ten-year Growth Rate
0.7250/o/yr
i.
Located on Indian Lands?
❑ Yes X Na
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
41.10
b.
River Basin(s)
Tar River
c.
Number of Primary Receiving
Streams
9
d.
Estimated percentaqe of jurisdictional
area containing the following four land use activities:
•
Residential
40.7
•
Commercial
13.3
•
Industrial
11.0
•
Open Space
35.0
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes X No
III. EXISTING LOCAL WATER QUALITY PROGRAMS
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
a. Local Nutrient Sensitive Waters Strategy
X Yes ❑ No
b. Local Water Supply Watershed Program
X Yes ❑ No
c. Delegated Erosion and Sediment Control Program
X Yes ❑ No
d. CAMA Land Use Plan
❑ Yes X No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
Yes X No
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 X No
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 [I 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
Stephen Raper
has been delegated
b. Title/position of person above
City Manager
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
4--
Please see the application instructions to determine who has signatory authority for this permit
-'application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and -evaluate the information submitted Based on my inquiry of the person or
persons who manage"the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibili of A, and imprisonment for knowing violations.
Signature
/ophen
Name
St W. a er N U
Title
City Manager
Street Address
331 South Franklin Street
PO Box
1180
City
Rocky Mount
State
North Carolina
Zip
27804 (PO Box: 27802)
Telephone
25Z 9721325
Fax
252 972 1173
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Blair Hinkle, Ph
b.
Title
Assistant Director of Public Works &Stormwater Manager
c.
Street Address
Same as above
d.
PO Box
e.
City
f.
State
g.
Zip
h.
Telephone Number
252 972 1520
L
Fax Number
252 972 1173
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
NC0030317 (WWTP); NCO072133 (Sunset Ave WTP);
Permit Number
NC0072125 (Tar River WTP)
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
(SWU-268).
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
Page 4
SWU-264-103102

NPDE5 RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTINGTNFORMATION
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
Page 5
SWU-264-103102

R-2003-22
RESOLUTION AUTHORIZING SUBMISSION OF THE
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; and
WHEREAS, the Environmental Protection Agency (EPA) wan
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 Dec.
9, 1999 affecting communities with a populations of leas than
100,000; 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 City of Rocky Mount has been notified of, and
is legally designated to, comply with the NPDES Phase 11
regulations as established by EPA and the State of North
Carolina, requiring the submittal of a permit application and
atormwater management plan; and
WHEREAS, the regulations require designation of the legally
responsible party and authorization for the submittal of the
application and the stormwater management plan; and
WHEREAS, the City of Rocky Mount supports the goals and
objectives of the regulatory program to provide a safe and
healthy environment for all its citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Rocky Mount, that Stephen Raper, City Manager, is hereby
authorized to sign and submit on behalf of the City of Rocky
Mount, the necessary documentation for compliance with the NPDES
Phase 11 program requirements established by the State of North
Carolina no later than March 10, 2003; and
Page 1 of 2

R-2003-22
BE IT FURTHER RESOLVED, that Stephen Raper, City Manager,
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 it regulations, to ensure
compliance on behalf of the City of Rocky Mount -
Adopted this 24th day of February, 2003.
14 Jean M. Ba ley
City C1 rk
Page 2 of 2

National Pollutant Discharge Elimination System
Phase II
201.o Report
Blair Hinkle, . .
5tormwater Manager
City of Rocky Mount

City of Rocky Mount
NPDRS Pliase Z Storutwater Report
Page 1 of 15
1. Storm Sewer Information............................................................................................
2
2. Receiving Streams........................................................................................................
2
3. Existing Water Quality Programs
3.1. Local Programs....................................................................................................
3
3.2. State Programs.....................................................................................................
3
4. Permitting Information
4.1. Responsible Party Contact List ............................................................................
4.2. Organization Chart..............................................................................................4
4.3. Signing Official.................................................................................................... 4
4.4. Dually Authorized Representative....................................................................... 4
5, Co -Permitting Information (N/A)
6. Reliance on Other Government Entity (N/A)
7. Stormwater Management Program Plan
7.1. Public Education and Outreach..........................................................................
5
7.2. Public Involvement and Participation..................................................................
6
7.3. Illicit Discharge Detection and Elimination ........................................................
....................................
7
7.4. Construction Site Stormwater Runoff Control ...................................................
9
75. Post Construction Stormwater Management in New Development and
Redevelopment..................................................................................................
10
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations .............
13

City of Rocky Mount
NPDFS Phase 2 Storinwater Report
Page 2 of 15
1. Storm Sewer Information
1.1. The City of Rocky Mount has a population of 58,902 based on the most recent data
available.
1.2. The annualized population growth rate is 0.725% per year. This is based on the growth
between 2000 and 2008.
1.3. The jurisdictional and MS4 service area is 41.10 square miies.
1.4. The city's stormwater conveyance system is comprised of pipes, ditches, creeks, and
streams. In a typical urban area, stormwater is conveyed to large branches or creeks via a
pipe network. In less developed areas, road -side swales are utilized more often than drop
inlets and pipe systems. One notable system, Parkers Canal, serves as the primary outfall
for down town Rocky Mount. This canal is variously open and piped, and ultimately
discharges into Cowlick Creek.
Ditches are maintained by dedicated crews on a six to eight month rotation. The city
utilizes street sweepers to minimize floatables in the system, and pipes and catch basins are
cleaned as needed using hand tools and/or a vacuum truck.
1.5. Land use within the city is approximately 40.7% residential, 13.3% commercial, 11.0%
industrial, and 35.0% open space.
1.6. There are no water bodies within the city which are subject to a TMDL.
2. Receiving Streams
Table 1
Tar -Pamlico River Basin
Stream
WQ
Use Support
303(d) List
Stream Name
Segment
Classification
Rating
Water Quality Issues
(2010 Draft)
Tar River
28-(64.5)
WS-IV; NSW
Not Listed
Low DO
Yes
Grape Branch
28.65
WS-IV; NSW
Not Listed
None
No
Maple Creek
28.66
WS-iV; NSW
Not Listed
None
No
Tar River
28-(665)
WS-IV; NSW
C
None
No
Tar River
28,(67)
NSW
B
None
No
Stony Creek
28-68
NSW
C
Eco/Bio Integrity
Yes
Benthos; Low DO
Tar River
28469)
NSW
C
None
No
Goose Branch
28-70
NSW
C
None
No
Cowlick Branch
28-71
NSW
C
None
No
Compass Creek
28-72
NSW
C
None
No
Horn Beam
28-72-1
NSW
C
None
No
Swamp
Gav Branch
28-72.5
NSW
C
None
No

City of Rocky Mont
NPDES Phase 2 Stormwater Report
Page 3 of 15
3. Existing Water Quality Programs
3.1. Local Programs
The City of Rocky Mount has several local or locally delegated programs related to
stormwater management. These programs include Water Supply Watershed, Delegated
Erosion Control, and, most notably, the Tar -Pamlico Nutrient Sensitive Waters rule.
3.1.1. Water Supply Water Shed Program
The city has adopted a watershed protection ordinance that regulates development
in the water supply watershed. Through this ordinance, the city requires that
developers of property within the watershed install BMP's or utilize low intensity
development practices to reduce or eliminate their projects' negative impacts on
the water supply.
3.1.2. Delegated Erosion and Sediment Control Program
The city has had a locally delegated erosion control program for over 20 years and
has staff dedicated to erosion control plan review, field inspections, and
enforcement. Developers who disturb more than one acre of land are required to
submit formal erosion control plans and calculations, and once approved, a permit
is issued. Once all erosion control measures are installed appropriately, city
inspectors sign off on the site and construction is allowed to begin. Enforcement
is provided via the city's erosion control ordinance, which provides for significant
fines for out of compliance sites.
3.1.3. Tar Pamlico NSW Program
The State of North Carolina has adopted the Tar- Pamlico Nutrient Sensitive
Waters rule which establishes a broad set of rules for certain municipalities within
the basin. One of these rules requires the establishment of buffers along all "blue
line" streams. The city enforces this requirement through the Land Development
Code and other development requirements.
3.2. State Programs
As discussed above, the City of Rocky Mount became subject to the Tar -Pamlico Nutrient
Sensitive Waters rule in 2004. Through this rule, the city is required to meet many of the
same requirements imposed by the NPDES Phase 2 Permit. These requirements include
Construction Site Stormwater Controls and Post -Construction Stormwater Controls. As
a part of this program, the city submits annual reports to the Division of Water Quality,
each of which have been received favorably.
4. Permitting Information
4.1. Responsible Party Contact List
Blair Hinkle, P.E. Asst. Dir. of Public Works and Stormwater Manager
Phone: [phone] Fax: [phone]

Ciiy of Rocky Mount
NPDES Phase 2 Stormwater Report
Page 4 of 15
blair.hink][e-mail]
Responsible for Public Education and Outreach, Public Involvement and Participation,
Illicit Discharge Detection and Elimination, and Pollution Prevention/Good
Housekeeping for Municipal Operations
Karen Callaway, P.E. Stormwater Engineer
Phone: [phone] Fax: [phone]
[e-mail]
Responsible for Construction Site Runoff Control and Post Construction Stormwater
Management in New Development and Redevelopment
4.2. Organization Chart
Please see Appendix A for applicable organizational charts.
4.3. Signing Official
Name: Stephen W. Raper
Position: City Manager
Address: P.O. Box 1180
Rocky Mount, NC 27802
Telephone: [phone]
4.4. Dually Authorized Representative
Signing authority was delegated by City Council Resolution R-2003.22, adopted on
February24, 2003. A copy of this resolution is attached.
5. Co -Permitting Information (N/A)
6. Reliance on Other Government Entity (N/A)

City of Rocky Mount
NUDES Phase 2 Storni vater Repart
Page 5 of 15
7. Stormwater Management Program Plan
7.1. Public Education and Outreach
Identify the target pollutant sources the permitee's public education program is designed to address
and why they are an issue for your MS4.
The City of Rocky Mount's public outreach program targets pollution caused by over
fertilization, auto maintenance, buffer vegetation removal, and littering. In addition, pet
waste and oils and grease are addressed through public education efforts. Nutrients, such
as nitrogen and phosphorous, and sediment are of particular concern in the Tar River.
Identify the target audiences likely to have significant stormwater impacts and why they were
selected.
The target audiences for advertisements and educational materials varies by type of
pollutant. For instance, education regarding proper disposal of used motor oil is targeted
to young men, the most likely group to change their own oil. General litter prevention is
typically targeted at middle or high school aged children and young adults.
Describe your outreach strategy, including the mechanisms you will use to reach your target
audiences, and how many people you expect to reach by your outreach strategy over the permit term.
The City of Rocky Mount participates in the Clean Water Education Partnership (CWEP)
administered by the Triangle J Council of Governments. This partnership allows member
entities to pool resources in order to purchase advertising on major television and radio
stations, as well as to maintain a website specifically for pollution prevention materials and
information. Through CWEP, the city has reached tens of thousands of households in
Nash and Edgecombe Counties with messages regarding over fertilization, oil disposal,
littering, the importance of buffer protection, and other relevant topics.
In addition to the city's participation in CWEP, Keep America Beautiful of Nash and
Edgecombe Counties (KAB) is also very active in promoting the importance of stormwater
pollution prevention. Through participation in expos and presentations, we have reached
an estimated fifty thousand people throughout the twin counties, including dissemination
Of almost four thousand pamphlets, litter bags, and other educational materials.
Explain how you will evaluate the effectiveness of this minimum measure, including measurable
goals for each of the BMPs.
The effectiveness of educating the public about stormwater issues has been confirmed by
CWEP, of which the city is a part. CWEP utilized data from 2005 survey sponsored by
NCDENR to establish a baseline for citizen actions and knowledge related to stormwater.
After running several informational campaigns, CWEP then reevaluated citizens living in
those same areas using data from an ECU survey. The reported results indicated
statistically significant increases in five of eight positive behaviors related to stormwater
pollution prevention. A copy of this report is included in appendix X.

City of Rocky Mount
NPDFS Phase 2 Stonnwater Reporr
Page 6 of 15
7.2. Public Involvement and Participation
Conduct at least one public meeting to allow the public an opportunity to review and comment on
the stormwater plan.
A public hearing was held when the city's stormwater program was established in 2005.
At that time, a committee comprised of representatives from throughout the city was
formed to provide input regarding the formation of the program. The committee
members represented interests from all facets of the community, including property
owners, environmentalists, and business owners.
Implement a volunteer stormwater related program designed to promote ongoing citizen participation.
The city's Keep America Beautiful Coordinator is generally responsible for organizing
large cleanups. Over the past four years, KAB has conducted many clean up events,
including annual events such as the Great American Cleanup and the NC Big Sweep.
Details on the response to these two events are as follows (2006.2009):
Great American Cleanup:
KAB coordinated 501 clean up events with 4,276 volunteers. These volunteers
collected 353,200 pounds of litter and debris from 954 miles of highways and
streets and 17 miles of creaks and streams. In addition, volunteers have cleaned
up 29 illegal dumping sites and planted over 8,000 trees.
NC Big Sweep:
KAB coordinated 175 clean tip events with 1,804 volunteers. 63,915 pounds of
debris was removed from 232 miles of streets and 13 miles of rivers and creeks. In
addition, nine illegal dumping sites were cleaned up.
In addition to KAB, the city is also in the process of starting a pilot program for the
installation of storm drain markers. It is our hope that the city will be able to utilize
volunteers for this program, thus promoting additional public involvement.
Describe a mechanism to provide opportunities for the public, including major economic and ethnic
groups, to participate in program development and implementation.
As described above, the Stormwater Advisory Committee, formed to provide guidance on
program development, was comprised of a diverse group of people representative of the
city as a whole.
Explain how you will evaluate the effectiveness of this minimum measure, including the measurable
goals for each of the BMPs.
The goals for this minimum measure include the number of cleanup events held, the
number of volunteers, and the amount of litter collected. In addition, should the
installation of storm drain markers be accomplished with volunteers, the number of
markers installed will be utilized as a measure of performance.

City of Rocky Mount
NPDES Phase 2 Stormwater Report
Page 7 of 15
7.3. Illicit Discharge Detection and Elimination
Describe how you will maintain a current storm sewer map showing the location of major outfalls
and the names and location of all receiving waters. Describe the sources of information for the maps
and how you developed this map.
The City of Rocky Mount completed its multi -phased stormwater system inventory in
2009. Information for all stormwater infrastructure within the city is quickly accessible
via GIS, with material -of -construction, size, invert elevation, and survey grade location,
enabling staff to quickly trace spills and illicit discharges to their sources. Additionally,
this information has allowed more targeted inspection of high -risk areas. Over the past
three years, city inspectors have located approximately 400 potential illicit connections to
the stormwater system. Most of these locations were found to be condensate lines, under
drains, or other allowable discharges, but they were mapped nonetheless and continue to
be monitored.
The inventory data is constantly updated, and data for newly installed infrastructure is
merged with the existing data using in-house resources.
Describe the mechanism used to effectively prohibit illicit discharges into the MS4.
Describe your plan to ensure appropriate enforcement procedures and actions such that your illicit
discharge ordinance is implemented.
The city's stormwater ordinance expressly defines the enforcement mechanism to he used
to rectify violations. The process begins with issuance of a Notice of Violation specifying
necessary remedial actions to be performed within a noted time frame. If compliance is
not gained within the timeframe, the city can contract with a private company to perform
the cleanup or infrastructure modification, and the violator billed for that cost in addition
to a civil penalty, if warranted. Should the violator not pay, the ordinance provides for
hearings and, ultimately, relief through the court system. It is important to note that the
vast majority of illicit discharges within the city are fairly benign in nature, i.e. innocuous
condensate discharges or leaves raked into a ditch. In the latter case, a letter citing the
applicable ordinance typically stops the violation.
Describe your program to detect and address illicit discharges to your system, including discharges
from illegal dumping and spills.
Priority areas for illicit discharges were established by utilizing stormwater inventory data
and drive -by inspections. These areas were then thoroughly inspected by city personnel
utilizing a GPS device to map illicit discharges evident during dry weather. As noted
above, most of these illicit discharges were found to he allowable discharges.
In addition, the city established a Stormwater Hotline to receive calls from citizens who
witness illegal dumping. These reports have led to a number of enforcement actions
against violators, ranging from illegally dumping grass clippings in ditches to more severe
cases of motor oil disposal in storm drains.
Since the inception of the city's stormwater program, several situations have occurred
which required increased enforcement action against land owners. The following
accounts are representative of the city's application of the relevant ordinances:

City of Rocky Mount.
NPDES Phase 2 Stormvatet Repott.
Page 8 of 15
July 17, 2008
A contractor digging a trench for the installation of storm drainage infrastructure
hit an electrical conduit adjacent to a pad mounted transformer. The conduit was
pulled out of the transformer, causing approximately five gallons of oil inside to be
discharged to the surrounding environment. The oil was immediately determined
to be non -PCB. City crews responded, along with Nash County Emergency
Management personnel, and absorbent booms and cloths were placed immediately
downstream of the spill to contain it. The contractor took immediate
responsibility and performed the clean up under the supervision of city personnel.
Due to the nature of the incident, no enforcement action was taken.
June 17, 2009
The city's community code supervisor was notified by the General Manager of
Nash County Railroad of a stretch of track on which several gallons of oil had
been dumped. Upon inspection, it was apparent that 10-20 gallons of used motor
oil had been dumped, and open containers of oil were found on an adjacent
property. A Notice of Violation was issued on June 18,.2009, in which the
adjacent property owner was ordered to cease all illegal dumping and hire a
licensed environmental firm to conduct a clean up of the area. The property
owner did not respond prior to the compliance deadline, and the cleanup was
initiated by the city with a total cost of $3,500. After extensive communication
with the property owner's attorney, a settlement agreement was reached in the
amount of $1,750, which was paid shortly thereafter.
December 16, 2009
The city was notified that a wet pond in a newer commercial development had an
oily sheen. Upon inspection it was evident that a significant amount of oil had
been dumped in a curb inlet just upstream of the pond (past -cleanup information
indicated that the amount was approximately 1,500 gallons). Fortunately, the
subject pond was the first of a three stage system, and the outlet structure
completely contained the oil. As a precaution the outlet pipe was scaled. The fire
and police departments were immediately notified, as were Nash County
Emergency Management and DWQ. The property owner contracted with a
licensed environmental firm, and cleanup was complete within a week. The
criminal investigation is ongoing.
While these cases are severe, they are also uncommon, and they show the general
procedure used for removing illicit discharges. The method by which enforcement is
carried out continues to be refined by the Stormwater Manager. As each case is unique,
enforcement is tailored to each specific violation.
Describe how you plan CO infOTM public employees, businesses, and the general public of hazards
associated with illegal discharges and improper disposal of waste.
The city's ditch maintenance crews have been trained to recognize illicit discharges and
report them to program staff for follow up.

City of Rocky Mount
NPDES Phase 2 Storinwater Report
Page 9 of 15
One component of the city's public education effort is to provide citizens with
information on the hazards of illicit discharges. This information is provided through
CWEP, the utilization of the city's public access television channel, C.I.T.Y. TV19, the
city's website, utility bill inserts, and the KAB program.
Explain how you will evaluate the effectiveness of this minimum measure, including measurable
goals for each of the BMPs.
Based on the city's original permit application, the goals for this measure were to establish
the Stormwater Hotline and to respond to initial calls within 30 days. In addition, the
goal of the ditch inspection crews was to inspect each ditch at least once per year, follow
up on each suspect location within 90 days, and resolve or remove illicit discharges within
120 days.
The Stormwater Program has far exceeded these expectations. The Stormwater Hotline
has been established, and most calls regarding illicit discharges are handled the same day
that they are received. Depending on the severity of the call, a Notice of Violation can be
issued immediately.
Ditch crews inspect and maintain all ditches conveying public water within the city on a
six to eight month schedule. When crews find a potential illicit connection or discharge,
it is reported to program staff for follow up.
7.4. Construction Site Stormwater Runoff Control
Regulatory Mechanisms
Section 801 of the City of Rocky Mount's Land Development Code (LDC) addresses
construction site runoff and sedimentation and erosion control requirements. The LDC
requires that control measures to prevent off -site erosion and sedimentation be provided
regardless of the size of the disturbance. The City of Rocky Mount operates a locally -
delegated sedimentation and erosion control program authorized and audited by
NCDENR Land Quality Section.
Contractors are encouraged to minimize construction waste. They are required to keep
waste contained, to remove it from the site on a regular basis, and to deposit it in an
approved landfill facility.
Plan Reviews
For disturbances larger than one acre, the owner/developer is required to submit a land
disturbance permit and sedimentation and erosion control plan for review and approval
by the Stormwater Engineer prior to the commencement of any land disturbing activity.
The sedimentation and erosion control plan review is incorporated into the City's weekly
development plan review process. It is estimated that 75% of sites have pre -construction
site plans reviewed. Since January of 2008, the City has reviewed 31 sedimentation and
erosion control plans. NCDENR Land Quality Section has reviewed additional plans that
meet certain requirements such as projects with funding from federal, state and/or local
governmental sources and projects within the ETJ but outside of the city limits.

City of Rocky Mount
NPDES Phase 2 Stormwater Report
Page to of 15
Inspections & Enforcement
The City has three construction inspectors who visit active construction sites a minimum
of once per week to ensure that required measures are in place and functioning properly.
The inspectors issue inspection reports a minimum of once per month and more often if
violations occur. In the event of a violation, the inspection report is given to the
contractor with a deadline for compliance (usually 48 hours.) The inspector then makes a
re -inspection, and if the violation(s) have been rectified, the matter is considered closed.
If, however, the contractor has not addressed the problem(s), the Stormwater Engineer
sends a Notice of Violation (NOV) to the financially responsible party with a copy to the
property owner (if they are not the same). In the last eighteen months, the City has been
successful in resolving issues once an NOV has been issued and has not had to levy any
civil penalties. The LDC authorizes the use of bonding and civil penalties as enforcement
options. The City will also withhold certificates of occupancy and the recording of final
plats to ensure compliance.
Public Information
Reports received from the public regarding erosion and sedimentation issues are
forwarded to the appropriate construction inspector for investigation. If a violation has
occurred, compliance is gained utilizing the above enforcement process.
Evaluation
As mentioned above, the City operates a locally -delegated erosion control program which
is audited and evaluated on a regular basis by NCDENR Land Quality Section. The city
will continue to evaluate its erosion control program and rely on NCDENR to continue
to perform audits and provide feedback on the effectiveness of the program.
7.5. Post Construction Stormwater Management in New Development and Redevelopment
Regulatory Mechanisms
The City of Rocky Mount's Land Development Code (LDC) addresses post -construction
runoff from new developments and redevelopments. Chapter 7 addresses general
development standards and chapter 8 addresses all aspects of stormwater management
including sedimentation and erosion control, Tar -Pamlico nutrient management and
buffer controls, water supply watershed protection, and BMP facilities. A copy of the
applicable ordinances in included in Appendix X
Operation & Maintenance
Section 804 of the LDC requires that prior to final plat approval or issuance of a
certificate of occupancy, the property owner must enter into a binding operation and
maintenance agreement with the City. The agreement requires the owner to maintain,
repair and, if necessary, reconstruct a stormwater control structure in accordance with the
operation and maintenance plan provided by the design engineer. The agreement also
requires the owner to submit annual inspection reports of the BMP facilities and
delineates the penalties for failure to complete the required inspections, maintenance or
improvements. Executed agreements are submitted to the Stormwater Engineer for
approval, and the City's paralegal ensures executed documents are recorded in the Nash
or Edgecombe County Register of Deeds. The Stormwater Engineer maintains a master

City of Rocky Mount
NPDES Phase 2 Stormwater Report
Page 11 0£ 15
list of all BMPs, their owners, performance and warranty bonds, recording information for
operation and maintenance agreements, and annual inspection reports. Reminder letters
are also mailed to each owner annually for inspection reports.
It is the city's current practice to maintain and inspect all ponds within residential
subdivisions. Though this is the policy, executed Operation and Maintenance
Agreements are entered into with all home owners' associations in order to place the
ultimate responsibility for maintenance and upkeep of BMPs on property owners.
The City of Rocky Mount reviews plans for all new development projects with the
exception of single-family dwelling or duplex units. All plans are reviewed for compliance
with the LDC, current DWQ requirements for stormwater management including BMP
design, and current NCDENR Division of Land Quality requirements for sedimentation
and erosion control. Section 802 of the LDC requires that any activity that disturbs more
than 05 acre of land in order to establish, expand, or modify a multi -family residential
development or a commercial, industrial, institutional or other non-residential facility
must meet the provisions of the Tar -Pamlico stormwater nutrient management
requirements.
The City of Rocky Mount does not have a formal program for controlling the sources of
fecal coliform. However, the City is constantly improving its municipal sanitary sewer
system by extending lines and connecting residential properties currently on septic
systems. The City has received funding from the Clean Water Management Trust Fund
to extend sewer lines on Leggett Road, Shore Drive, and Lake Shore Drive and connect 54
residences to municipal sewer. The grant also includes removal of the existing septic tanks
serving the properties. Construction is scheduled to begin in mid -May of this year.
The Stormwater Engineer works closely with consulting engineers for private development
projects to ensure that appropriate BMPs are utilized for reducing nutrient loading. The
City requires compliance with both the LDC and DWQ's latest version of the Stormwater
Best Management Practices Manual.
Non -Structural BMPs
Section 704 of the City's LDC addresses landscaping and buffering, which are mandated
above and beyond the requirements of the Tar -Pamlico buffer controls. The landscaping
and buffering standards of this section apply to all proposed development for which a site
plan is required. The intent of the regulations is to aid in stabilizing the environment's
ecological balance by helping to reduce soil erosion, stormwater runoff, and flooding,
while aiding in noise, pollution and heat abatement. It is also intended to encourage the
preservation of existing trees and vegetation and to provide habitat for plants and animals
that might not otherwise occur in urban or suburban environs. Indirectly, it helps to
minimize impervious surfaces.
In addition to previously discussed public education efforts, the city has begun an
education program this year known as the Citizens' Academy. Residents are invited to
apply for the opportunity to attend weekly 3-hour seminars highlighting the various
components of our local government. The Academy has provided another opportunity

City of Rocky Mount
NPDPS Phase Z Stonnwater Report
Page 12 of 15
to educate the citizens of Rocky Mount about stormwater management, spill prevention,
nutrient management, value of buffers, and other stormwater issues.
Structural BMPs
There are a wide variety of structural BMPs located on private property throughout Rocky
Mount. Most are wet ponds and extended dry detention basins. Also present are
bioretention cells, grassed swales, engineered wetlands, and underground -sand filters.
Developers are free to utilize any BMP for which the credit is given in the NCDENR
DWQ BMP Design Manual.
Natural Resource Protection
Section 704 of the LDC describes the credit available for preservation of existing
vegetation to meet the City's landscaping and buffering requirements. In order to receive
credit, preserved vegetation must be in good health and condition and must be protected
during construction.
For all development within the City of Rocky Mount, a fifty -foot riparian buffer must be
maintained from any perennial or intermittent stream in accordance with the Tar Pamlico
Nutrient Management Regulations.
Section 803 of the LDC outlines the water supply watershed protection regulations. The
water supply watershed is categorized as either critical or protected. In critical areas,
engineered stormwater controls must he used to control runoff from the first inch of
rainfall and impervious area is limited to 50%. In protected areas, BMPs are also required
and impervious area is limited to 70%.
Open Space Protection/Mixed Use Development/Street Design
Section 712 of the LDC defines the requirements of planned density residential districts
(PDR) which are intended to encourage efficient use of the land and public services and to
promote high quality design that will provide a variety of dwelling tyq)es and open spaces.
The same section also defines the requirements of residential cluster developments where
conventional zoning standards are relaxed to permit modifications to save infrastructure
costs, environmental damage, energy use and land resources by allowing a reduction in lot
size to provide more usable open space or common area.
Redevelopment/Development in Areas with Existing Infrastructure
The City of Rocky Mount's Comprehensive Plan, Down Town Action Plan, and ]..and
Development Code all encourage redevelopment in areas with existing infrastructure.
The City itself is in the process of redeveloping two large projects downtown: the Douglas
Block Project and the Downtown Streetscape Project.
Green Infrastructure Elements/Street Design
Section 704 P of the LDC calls for streetscape buffers along major arterials and collector
streets. The primary objective of the major streetscape tree standards is to create a built
environment that benefits from the aesthetic and environmental qualities of an extensive
tree canopy along the frontages of streets and highways.

City of Rocky Mount
NPDES Phase 2 Stormwater Report
Page 13 of 15
While the City does not have a formal policy for promoting pervious materials for paving
areas, the Stormwater Program is in the process of finalizing a Stormwater Fee Credit
Manual which will provide incentives in the form of fee credits for property owners who
exceed required Stormwater controls. Until the Manual is finalized, the Engineering and
Planning & Development Departments will continue to work with engineers and
developers to encourage pervious pavements and other green infrastructure materials and
techniques.
The Stormwater Engineer works very closely with engineers and developers early in the
design process to encourage green infrastructure stormwater design implementation. The
Tar Pamlico Nutrient Management Rules and the NC Division of Water Quality BMP
manual also encourage the use of appropriate BMPs and buffer zones. Nutrient
management can also be accomplished via in lieu payments to the NC Ecosystem
Enhancement Program.
Maintenance/Enforcement
Chapter 8 of the LDC requires that an operation and maintenance agreement for
Stormwater BMPs be recorded at the appropriate register of deeds office prior to final
acceptance of a project. The City also requires performance and warranty bonds and an
annual Stormwater BMP inspection report. The Stormwater Engineer is constantly
evaluating the City's approach and policies for stormwater management and enforcement.
Evaluation
The city's post construction stormwater control program has and is meeting the following
goals:
Inspecting or causing to be inspected all structural BMPs within the city at least
once per year.
Requiring that repairs or improvements identified in the inspection report be
made within six months of the annual inspection.
Reviewing all BMP designs within 21 days of submittal.
The Stormwater Engineer tracks, approves, and generally administers the post
construction stormwater control program with oversight by the Stormwater Manager.
Both positions are charged with ensuring program effectiveness and efficiency.
7.6. Pollution Prevention/Goad Housekeeping for Municipal Operations
List the municipal operations that are impacted by this operation and maintenance program.
Waste Water Treatment Plant (NC0030317, NCO 110000)
Sunset Water Treatment Plant (NC0072133)
Tar River Water Treatment Plant (NC0072125)
Fleet Maintenance Facility
Parks & Recreation Facilities

Ciry of Rocky Mount
NPDES Phase 2 Sronnwater Report
Page 14 of 15
Describe any employee training program you will use to prevent and reduce stormwater 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.
Waste Water/Water Treatment Plants:
Good housekeeping and chemical handling practices for these facilities are addressed
through their respective NPDES Permits as noted above.
Fleet Maintenance Facility
To this point, the city's fleet maintenance facility has operated without an NPDES permit.
Upon approval of this report, the city will begin the process of securing an Industrial
NPDES Permit for the facility.
Parks & Maintenance Facilities
The City of Rocky Mount operates 53 different parks and recreation facilities throughout
its jurisdiction. Maintenance personnel are trained through programs offered byNCRPA,
NRPA, and Recreation Resources Services (affiliated with NCSU), in areas such as
fertilizer, herbicide, and pesticide application. When not in use, these materials are stored
in secure, protected buildings and are therefore not subject to release to the stormwater
system.
New Construction/Land Disturbances
All land disturbing activities are required to comply with state erosion control
requirements and the requirements of the Tar -Pamlico NSW rules.
Describe maintenance activities, maintenance schedules, and long term inspection procedures for
controls to reduce floatables and other pollutants to your MS4.
The City of Rocky Mount has a very aggressive stormwater system maintenance program,
with 40 full time positions responsible for the ongoing operation and maintenance of the
system. There are 18 employees who maintain and inspect all open ditches on a six to
eight month rotation, including the removal of debris and floatables.
In addition, the stormwater program has a vacuum truck used to remove floatables and
debris from catch basins. In 2011, the city plans to purchase a combination jet -vacuum
truck, which will allow for even greater removal of debris from pipes and catch basins on a
routine basis.
Describe your controls for reducing or eliminating the discharge of pollutants from municipal parking
lots, maintenance and storage yards, waste transfer stations, fleet or maintenance slops with outdoor
storage areas, and salt/sand storage locations and snow disposal areas you operate.
The City of Rocky Mount does not have a plan for the reduction of pollutants from
municipal parking areas.
Areas in which vehicles are washed or serviced, or in which refuse is transferred or
handled, drain into oil/water and grit separators and are discharged to the sanitary sewer
system.
Any new facilities which are constructed will be required to comply with the Tar -Pamlico
NSW rules, including erosion control and nutrient management requirements.

City of Rocky Mount
NPDFS Phase 2 Stormwater Report
Page 15 of 15
Describe your procedures for the proper disposal of waste removed from your MS4 and your
municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris.
Debris from the city's three street sweepers is screened, and floatables are taken to the
city's transfer station for appropriate disposal. Organic matter and soil is added to the
city's top soil or compost stockpiles. Similarly, materials removed from the Stormwater
system during maintenance activities is separated and disposed of properly or reused, as
appropriate.
Explain how you will evaluate the effectiveness of this minimum measure, including the measurable
goals for each of the BMPs.
Application for Industrial NPDES Permit for the city's fleet maintenance facility by
January 1, 2011.
Development of a Stormwater Pollution Prevention Plan for the city's fleet maintenance
facility by January 1, 2011.
Documentation of employee training programs for those divisions which could have a
negative impact on stormwater quality.

ROCKY
MOUNT
N O R TN CAROLI WA
-Organization
revised January ZO LO
CITIZENS' OF ROCKY MOUNT
MAYOR'& CITY COUNCIL
CITY CLERK CITY ATTORNEY
-jean Bailey Foyner &Spruill
BOARDS & COMMISSIONS
CITY MANAGER
Stephen W Rarer
FINANCE
Amy. Staton, Director
ASSISTANT CITY MANAGER
Chdries Pe my
PUBLIC UTILITIES
Rich Worsinger, Director
HUMAN RESOURCES
Elayne Roberts, Director
DOWNTOWN DEVELOPMENT
Idn Kipp, Manager
FIRE
Chi�(J. Keith Harris:
POLICE
c4flohn H. Manley ji.
PARKS & RECREATION
Dale;Srrith, Director
BUDGET & EVALUATION
Kenneth W. Hume'r, Manager
PUBLIC AFFAIRS
Megan Hinkle, Manager
ASSISTANT CITY MANAGER
ENGINEERING 1
William grad"Kerr, Director
HUMAN. RELATIONS
Loretta Brasurrell, Director
PLANNING & DEVELOFMENT
Am.:Wall, Director
,TRANSIT
Todd Gardner;- Manager
WATER RESO URGES
Wayne Hollowell, Director
PUBLIC WORDS
Jonathan Boone, Director

PUBLIC WORKS ADMINISTRATION
ORGANIZATIONAL CHART

o. r- a•
ROCKY
MOUNT
IDITI CIIDLII_
ENGINEERING DEPARTMENT

CWEP Final Survey Comparison Report
Pre- and Post -TV Campaign Surveys of Stormwater
Awareness & Behavior in the
Clean Water Education Partnership Service Area:
Comparisons and Findings
Contents
Introduction..........................................................................................
Pre -Campaign Survey Methodology....................................................
CWEP Outreach Campaigns................................................................
Post -Campaign Survey Methodology ..................................................
Comparison of Findings.......................................................................
Demographics..................................................................................
Opinions of Water Quality..............................................
.................
Knowledge about Sources of Water Pollution .................................
Knowledge about Stormwater Runoff Destination ..........................
Lawn Care Behaviors.......................................................................
Car Washing Behaviors...................................................................
Oil Changing and Disposal Behaviors .............................................
Pet Waste Disposal Behaviors.........................................................
Summary............................................................................................
References..................................................................................
Appendix A — Jurisdictions Participating in NC CWEP ...................
Appendix B — Mail Survey Instrument ..............................................
Appendix C — Web Traffic and Mass Media Campaigns ..................
Introduction
..................... 2
..................... 2
.................... 3
..................... 4
..................... 4
..................... 6
..................... 7
..................... 8
..................... 8
........................ I 1
........................ 12
..................... 12
.............. 13
........................ 16
........... I............ 17
............... I ... ..... 18
........................ 22
Many local governments and other entities are using mass media to conduct outreach to
educate the public about nonpoint source water pollution, or polluted stormwater runoff,
and the role that the behavior of individuals plays in contributing pollution to runoff as it
flows over yards, driveways, and roads. The NC Clean Water Education Partnership
(CWEP) is a cooperative effort of approximately 30 local governments in the eastern half
of North Carolina that pool resources to purchase radio and television airtime, maintain a
website (www.ncCleanWater.org), and develop outreach materials. The Partnership has
administrative support by agreement with Triangle J Council of Governments
(www.tjcog.org).
In 2006, CWEP applied for and received a Section 319 grant from the NC Department of
Environment and Natural Resources to conduct a television campaign and to evaluate its
effectiveness. The null hypothesis was that CWEP's campaigns would not produce a
measurable effect on behavior, which is a valid postulation based on research, presented at
the 2005 Chicago EPA Nonpoint Source Education conference and the fact that a
previous survey conducted by the NC Department of Environment and Natural Resources
(Bartlett, 2006) showed little difference between urban jurisdictions, which have been
conducting outreach since 1990 under Phase I rules, and non -urban jurisdictions
(however, there is not a perfect alignment between Census -defined "urban" communities
-I_

CWEP Final Survey Comparison Report
and Phase I communities, and inmigration and outmigration may dilute the effects of
outreach).
The objective of this project was to collect information on the effects of mass media
outreach campaigns on stewardship behaviors. CWEP routinely collects data on
campaign outputs, or the quantitative and easily measured portions of the campaigns that
are under the control of those conducting outreach. The survey work conducted as part of
this project was an attempt to evaluate the outcomes and impacts of mass media outreach
on the target audiences. Summaries of the media campaigns described below are
available on the CWEP website under "Outreach."
Pre -Campaign Survey Methodology
The ZIP -code specific sub -sample of 234 was pulled from data collected in 2005 for a
Stormwater Awareness Survey sponsored by NC DENR. The sample for the original
research was comprised of 1,000 responses spanning the entire state of North Carolina
(95% confidence level with a f 3.1 confidence interval). This sub -sample of 234 (95%
confidence level with a f 6.4 confidence interval) represents the NC Clean Water
Education Partnership jurisdictions and serves as comparison data for a follow-up survey
on awareness and behavior regarding stormwatef conducted after media campaigns were
run covering the region.
CWEP Outreach Campaigns
CWEP originally planned to run a single, extra -heavy television campaign in the spring
of 2007 and measure changes based on that campaign. However, due to delays in survey
deployment, two additional campaigns were conducted before the post -campaign survey
was conducted: a summer radio campaign and a Fall television campaign.
The Spring 2007 and Fall 2007 television campaigns both evenly rotated the 30-second
"Johnny Fishpatrick" spot (developed by NCDENR) and the 30-second "Buffer
Improvement" spot (developed by CWEP). Johnny Fishpatrick depicts general principles
of residential stormwater contamination (yard care, car washing, storm drains not
treated), and the Buffer Improvement spot emphasizes the importance of planting riparian
vegetation. Both campaigns were targeted to men aged 25-54. The Spring campaign
included an extra run of spots broadcast during the 2007 ACC basketball tournament.
The summer radio campaign evenly rotated two 60-second spots throughout the CWEP
area and was also targeted to young and middle-aged men of various ethnic backgrounds
(Latino, African -American, and Other). One spot focused on proper disposal of used
motor oil and the other on car washing practices. The campaign was run three weekends
in June 2007.
Traffic on the CWEP website was tracked during all three campaigns. During the Spring
TV campaign, a web poll was also deployed asking visitors how they came to the site.
More than half of the web poll respondents said they were visiting the website because
they saw a television spot. Media campaign and web traffic summaries are available on
-2-

CWEP Final Survey Comparison Report
the CWEP website under Outreach by outreach medium (radio, television, and website).
See Appendix C of this report for information on CWEP website traffic.
Post -Campaign Survey Methodology
A 26-item survey instrument was created in partnership with East Carolina University's
Center for Survey Research. There were two components to the post -campaign survey: a
phone instrument and a mail instrument. They were designed to measure awareness,
perceptions and behaviors related to water quality and stormwater runoff in specific areas
of North Carolina. The same instruments gathered respondent data on gender, age,
income, education and ethnicity. The survey instruments were very similar to the 2005
NCDENR survey instrument except that we added a question about whether respondents
recalled seeing an ad about stormwater on television. We created the mail instrument to
facilitate a high rate of timely participation, since time elapse was an issue due to the
question about media ad recall. (See Appendix B for survey instruments.)
The sample of 8,000 telephone numbers was purchased from a reputable survey sampling
company. Respondents for the mail survey were selected from a random sample of
directory -listed households within CWEP member government ZIP codes. This sample of
1,500 names and addresses for the mail survey was purchased from the same sampling
company. For the telephone survey, respondent telephone numbers were coded as urban,
suburban or rural dwellers by the survey sampling company who provided the sample.
Data for the surveys were collected between September 2007 and October 2007. Over
8,000 calls were placed to capture 479 completed telephone surveys, and 1,500 mailings
-3-

CWEP Final Survey Comparison Report
were sent to yield 236 completed mail surveys. With a total sample size of 715, the
confidence level is 95 percent and the confidence interval is ± 3.7. The telephone survey
was administered by twelve interviewers, trained and employed by ECU's Center for
Survey Research using a computerized telephone -assisted interview (CATI) software
system. The mail survey was administered by students employed by the Center for
Survey Research.
The data were compiled and analyzed by the ECU Center for Survey Research. After
validity and reliability were established, data were analyzed using frequencies and cross -
tabulations. For all statistical findings, significance levels were set at p < .05. Cross -
tabulations were performed on the survey questions using all demographic data points:
area (for telephone respondents), gender, race, education level, age, household income,
and retirement status. These cross -tabulations are available upon request and on the
CWEP website as appendices to the report for the post -campaign survey. Another cross -
tabulation was run separately and is discussed here: whether respondents recalled seeing
a television ad about stormwater.
Comparison of Findings
Both pre- and post -campaign surveys began with three questions to establish basic
demographic information, which were followed by 3 questions to assess stormwater
knowledge, 12 questions about behavior, and finally 6 demographics questions. ECU
produced detailed reports for both surveys, including demographic cross -tabulations and
goodness of fit analyses of the survey population compared with US Census data, that are
available on the CWEP website.
Demographics
County Distribution - Top 4 Counties
Percent of Responses
are- aamp 1 n,
Wake
35.0
Durham
7.7
Wayne
6.8
Johnston
5.1
3` 1.4
Wake
35.1
Durham
8.3
Orange
7.8
Johnston
7.0
-4-

CWEP Final 'Survey Comparison Report
Demographic Percentages
li -Camp.
(Percent). (Perezilt)
I"_
Men
42
44
Women
58
56
R' ire'
Yes
31
33
No
69
67
ea o ''Resi" nee.. rue,. �• , i~ y
Urban
31
32
Suburban
47
47
Rural
22
21
Mo l i. g
iEciucation Lac' el i `
pFf13 [' v
Some high school or less
16
5
High school graduate
25
17
Some vocational/technical school
7
4
Graduated from voc/ tech school
6
6
Some college/2 yr college grad
21
19
4- ear college graduate
15
26
Post -graduate de ree
10
23
Demographic Percentages
1
18-24
12
5
25-34
11
11
35-44
36
17
45-54
18
23
55-64
11
20
65 and Over
12
24
"dRaCe n 4 "c �i, • ilLrt r�°a
Y a,u a?i. r"aI
Blaek/African-American
18
13
Asian
4
1
White
52
78
Hispanic
11
4
Other
7
2
Don't Know/Refuse to Answer
8
2
#ncome
Less than $12 000
8
5
$12 000 to $25 000
15
8
$25 000 to $35 000
10
9
$35 000 to $50 000
16
12
$50 000 to $75 000
18
14
$75 000 to $100 000
8
14
Over $100 000
7
17
Don't KnowfRefuse to Answer
18
21
A chi-square goodness of fit test showed a significant difference between the number of
males and females in both the pre -campaign and post -campaign samples compared to the
expected number in 2007 Census data for the region. A significant difference was also
-5-

CWEP Final Survey Comparison Report
noted between both the pre -campaign and post -campaign samples and the population
with regard to the race categories of African -American, Asian, White, Hispanic and
Other. Data on age, household income, education levels and household income could not
be evaluated using this measure due to overwhelming differences in the categorization of
the data in the survey instrument compared to census data categories.
Responses for knowledge and behavior questions are compared for each survey and
discussed below. A version of the question respondents were asked is listed first. Then,
pre -campaign and post -campaign responses are shown side -by -side as percentages of
respondents giving that response. Then, post -campaign responses are further broken out
by respondents' responses to the other question of whether they recalled seeing a
television ad about stormwater. Correct or desirable responses are highlighted in yellow,
and the highest frequency responses are in boldface type. For all comparisons, "Don't
know" and "Refuse to answer" responses were eliminated from statistical calculations.
Opinions of Water Quality
Based on your current knowledge, do you think the overall water quality of the rivers,
streams, lakes, estuaries, etc. in your area is... (poor/fair/good/excellent)
[There is no "correct" or desirable response to this question.]
Participants were asked to rate the quality of water on a scale of 1 to 4, where 1 = Poor
and 4 = Excellent (see Table 4). An independent samples t-test was used to determine
whether there were significant differences between perceived water quality in the pre -
and post -campaign data. The difference between the two groups was significant, (1(913)
= 2.59, p = .01), in that slightly more pre -campaign participants (M= 2.34) thought that
the water quality was better than those in the post -campaign survey (M= 2.20). There
were not substantial differences in the post -campaign response set between those who
recalled seeing a television spot and those who did not.
Post -campaign opinions of overall water quality by television ad recall
Did recall
(percent)
Did not recall
(percent)
Poor
14
16
Fair
51
50
Good
31
27
Excellent
2
3
Don't know
2
4
-6-

CWEP Final Survey Comparison Report
Knowledge about Sources of Water Pollution
I am going to read you a list of possible sources of water pollution, and I would like
you to tell me which one you think is the biggest source of water pollution in North
Carolina.
Litter Trash dumped into rivers and lakes
if!k
6
13
Wastewater from industrial plants
„`,,MOSUMN,
17
Wastewater from sewage treatment lants
' 33'.
12
Y>:'••'.�M1i!? � AM
unOtitfriam,. ands ar[t'in �lotsiandistfe'H
9
k h
Runoff from farms and a riculturaI operations
17
it '' ` 029ANOgy1
Don't know/Refuse to answer
2
6
A chi-square test was employed to gauge differences in responses from one campaign to
the other. There were, in fact, significant differences in responses between the two
surveys, j = 82.6, p < .001, Pre -campaign respondents were more likely to cite
wastewater from various types of plants as the most important source of water pollution,
whereas those in the post -campaign survey cited types of runoff as the most important.
There was a substantial increase in the percentage of respondents giving the correct
desired response, "runoff from yards, parking lots, and streets." Whether or not people
recalled seeing a television spot was significantly correlated with knowledge of where
stormwater comes from (x2 = 12.047) N= 626, p = .034).
Post -campaign knowledge of sources of water pollution by television ad recall
Did Recall
(percent)ercent
Did Not Recall
Litter
12
13
Wastewater from industrial plants
12
19
Wastewater from sewage treatment plants
11
12
fiRun6ffnthati2s;flowedao�eryardsparkingllofselc::
30
19
Runoff from farms and agricultural operations
31
29
Don't know
4
8
-7-

CWEP Final Survey Comparison Report
Knowledge about Stormwater Runoff Destination
Stormwater is the water that collects on streets and parking lots after a rain storm,
which is often collected in gutters at the curb and storm drains. Now, oftentimes folks
don't really know much about this, and that's ok, but if you had to pick one of the
following options for here stormwater runoff goes after it goes down a storm drain,
would it be that it goes to...
There were slightly significant differences between pre- and post -campaign participants,
x2 = 8.13, p = .043. A much lower percentage of respondents gave the very undesirable
incorrect response "a sewage of wastewater treatment plant" (which is never the case in
North Carolina), a slighly lower percentage gave the also incorrect response of a
special/separate treatment plant, and there was a substantial increase in respondents
giving the correct desired response of "the closest river, stream, or lake" (45% to 57%).
Those who recalled seeing a television spot were more likely to give the correct response,
but the difference between those who recalled seeing a spot and those who didn't is not
that substantial.
Post -campaign knowledge of stormwater runoff destination by television ad recall
Did recall
(percent)
Did not recall
(percent)
A sewage/wastewater treatment plant
17
19
A special separate treatment plant
7
10
Nearby fields and yards
6
7
iK e. ,,_;
64
55
Don't know
6
9
Lawn Care Behaviors
Do you have a grass lawn or yard that you maintain?
Significantly more pre -campaign respondents did have grass to mow (x2 = 24.55, p <
.001) than post -campaign survey respondents.
-8-

CWEP Final Survey Comparison Report
[Those who responded "yes" were also asked:] What do you do with the grass
Clippings?
"'t4t.,? s, nY F ki i r yj1ry�k� y li
it t �,�� L• fd�l�� fiCC;
•.r. ,ri r � t
Cnnlntl�i iign
- Tis. •f F
CCIit��t{�CI'CC11t'a:
PUSt-Cnsnt�nt_n ,ri
Herat FL. �
Collect and put in garb getx"dS�4M
�� tiNr_
Blow themRefuse
to answer
A significant difference also exists between the two survey groups (xz = 32.3, p > .001)
for this question. Pre -campaign respondents were more likely to leave them in the yard
or put them in the garbage, while post -campaign respondents more often left them in the
yard or used them for compost/mulch. However, differences in the post -campaign survey
population between those who recalled seeing a television spot and those who did not
were not substantial.
Post -campaign grass clipping disposal reported behavior by television ad! recall
Did recall
(percent)
Did not recall
(percent)
Put them in the garbage
10
14
Le"aiie:them iithe;yardi r.._on",
62
57
Dump them into a gutter or a ditch
---
- -
Mulch. post the.rn � tl
22
22
Other/not sure
2
4
1 don't mow the yard
4
3
Do you use fertilizer on your lawn?
There were no substantial differences in the amount of people using fertilizer on their
lawns between the first survey and the second. Differences in the post -campaign survey
population between those who recalled seeing a television spot and those who did not
were similarly negligible.
Post -campaign fertilizer use reported behavlor by television ad recall
Did recall Did not recall
(percent) erc nt
Yes
55 52
No
45 48
-9-

CWEP Final Survey Comparison Report
[Those who responded "yes" were also asked:] How often do you fertilize your lawn?
Monthly
Two to three times a
Don't know/Refuse to answer I--- -- 3
There were no statistically significant differences with regard to the frequency with
which people apply fertilizer to their lawns between the first survey and the second.
Post -campaign respondents who did recall seeing a television spot were somewhat less
likely to give the desired response "once a year or less." It is not likely that the CWEP
media campaigns were a factor in this difference.
Post -campaign frequency of fertilizer application reported behavior by television ad recall
Did recall
(percent)
Did not recall
(percent)
Monthly or every other month
6
7
Two/three times a year
49
40
once,Y::a� rl4igr,A� 9:a kur
45
53
[Those who responded "yes" to whether they fertilize their lawn were also asked:] Does
anyone ever test the soil to determine fertilizer needs?
There was a slightly significant difference between those who reported having their soil
tested and those who did not (xZ = 4.1, p = .043), in that fewer participants in the post -
campaign survey reported having their soil tested (an undesirable change). It is unlikely
that the CWEP media campaigns are an explanatory variable, since television ad recall
was slightly positively associated with soil testing behavior.
Post -campaign soil testing reported behavior by television ad recall
Did recall
(percent)
Did not recall
(percent)
':Y1.6 '1 1"WKW
36
29
No
63
66
Don't know
1
5
-10-

CWEP Final Survey Comparison Report
Car Washing Behaviors
Do you have a car/truck or other vehicle?
[Those who responded "yes" were also asked:] How do you wash your vehicle?
At home 38 37
Take it to a car wash 11 47i ;,,:5' MOM ft57AV . "
Other 15 2
There were differences in how respondents wash their vehicle(s) O ` = 17.12, p < .001)
between surveys. Post -campaign respondents take their car to a car wash more frequently
than those in the pre -campaign survey do. Additionally, pre -campaign respondents were
more likely to choose some other car washing option than those in the post -campaign
survey. The differences here may be partly due to the wording and response options they
were given in the two campaigns. The first campaign included "someone else washes it"
with the other option. This may be a reason more pre -campaign participants responded
"other" to the question than did post -campaign respondents.
Car wash location reported behavior by television ad recall
Did recall
(percent)
Did not recall
ercent
At home
41
33
Take it to a car wash
47
54
Take it to a volunteer car wash
1
2
Other
6
4
1 don't wash my vehicle
5
7
[Those who responded "yes" they washed their car at home were also asked:] Where
does the soapy water,flow?
/j' :A. iS �� Y 1`E '.�-'s4''•y 1 4
1
5 J�kY
i FF .f��� Pi. f R:)�`
i-��«
Post Campaign
pereent)
Intothe streetor drivewayt
• to answer
There was a significant difference between surveys regarding where respondents reported
letting the car wash water flow (x2 = 17.12, p = .006). Post -campaign participants were
less likely to let the soapy water flow into the driveway than those in the pre -campaign
survey, a positive (desirable) change. Respondents who reported having seen a television
spot were more likely to give the desired response and less likely to give the undesired
response than those who did not recall seeing a television ad.
-11-

CWEP Final Survey Comparison Report
Runoff from vehicle washing reported behavior by television ad recall
Did recall
(percent)
Did not recall
ercenk
xlnta,tfeE '�as's`ciiitiors"'�avel�'
64
56
into the street or driveway
15
23
It varies
9
7
Refuse to answer
12
13
Oil Changing and Disposal Behaviors
Do you change your own oil at home?
[Those who responded "yes" were also asked:] How do you dispose of the used oil?
Large significant differences were found between responses for the two surveys (x2 —
55.47, p < .001). Respondents in the pre -campaign survey were more likely to pour the
used oil down a storm drain, a highly undesirable behavior. Participants in the post -
campaign survey were much more likely to take the oil somewhere to be recycled.
However, those who recalled seeing a television ad and those who didn't were almost
equally likely to report properly disposing of. oil. However, our survey asked if
respondents recalled seeing an ad on television, and CWEP's campaign addressing motor
oil was run on the radio. It is possible, though somewhat unlikely, that respondents
mentally differentiated the two media, giving the desired response and not attributing it to
a television campaign. It is also possible that some exogenous factor is in play.
Method for disposing of used oil reported behavior by television ad recall
Did recall
(percent)
Did not recall
ercent
Put it with garbage
2
4
Pour it down a storm drain
0
2
jT6k63it=t6W61'&6 cled iMM'
94
89
Other
4
4
Pet Waste Disposal Behaviors
The question regarding whether respondents had a pet was changed somewhat from the
pre -campaign survey to the post -campaign survey. 87% of pre -campaign survey
-12-

CWEP Final Survey Comparison Report
respondents reported having a pet that they walked. 44% of post -campaign survey
respondents reported having a dog.
[Those who responded "yes" they had a dog or pet they walked were also asked:] How
often do you pick up your pet's waste from walks ar from the yard?
�. r.ti+,�F= r.efl^}`•L �� )k- "�' Y
�y. - 0'� � w; „, • �y��.• �..� t Yy,�, .�' ,q
;!" 141-1`'��
t�G+�d�`�
W �
� �' '1�ri1j, ti
�+r� Pre-},•�,� - `�,
7j� -' � Fi
t�(yyPost ���,;
�4a..�. w�.. L
MC1!e �t
�ercent)
Refuse to answer
There was no statistically significant differences between the pre -campaign and post -
campaign survey with regard to whether respondents picked up their dog's waste. The
largest portion of respondents in both the pre- and post -campaign surveys that walk their
pets or have dogs, always (or almost always) pick up the waste. Oddly, the percentage of
respondents reporting that they always pick up their pet waste was higher for those who
reported recalling a television ad, and the percentage reporting that they do so only
"sometimes" was slightly higher for those who did recall a television ad. It is unlikely
that the media campaigns are a causal variable; more likely this reflects natural variation
in the response set.
Frequency of picking up pet waste reported behavior by television ad recall
Did recall
ercent
Did not recall
ercent
Al+nia" s;lYtt'�".�ro'k
2$
38
Sometimes
24
18
Rarely
13
9
Never
35
34
Summary
The data collected show a number of interesting trends. These findings are summarized
in the table below.
"Correct" response(s)
Direction of
Statistically
positively correlated
Topic/behavior
change?
significant?
with TV ad recall?
Major sources of water pollution
+
Yes
Yes
are nonpoint, not point sources
Stormwater goes to nearest creek
+
Yes
Yes
or stream
Car wash flow onto grass or
+
Yes
Yes
gravel
Proper disposal of used motor oil
+
Yes
Yes
Leaving grass clippings on lawn,
+
Yes
Yes (mildly)
not put in garbage
Fertilizing frequency
+
No
No
Soil testing to determine need for
Yes
Yes
fertilizer
Pick up after pet
Mixed
No
Trend was mixed
-13-

CWEP Final Survey Comparison Report
Further research and analysis would be needed to help definitively ascertain whether the
changes in behavior reported were correlated with media ad recall.
CWEP did request that ECU analyze correlatory relationships between responses to
knowledge questions and responses to behavior questions. These were preformed on
both pre- and post -campaign samples. Two questions were proxies for participant
knowledge: (1) What is the biggest source of water pollution in NC? and (2) Where does
stormwater go once it enters a storm drain? Behavior questions included those regarding
lawn grass clipping disposal methods, frequency of fertilizer application on lawns, soil
testing to determine lawn fertilizer needs, how respondents washed their cars, where they
allow soapy car wash water to flow, used oil disposal methods for those who change their
own motor oil, and pet waste pickup.
It was hypothesized that the more knowledgeable the participant was about stormwater,
the more likely they were to exhibit desirable behaviors with regard to nonpoint source
water pollution. There were three significant correlations within the pre -campaign survey
data. One was positive, meaning that more knowledge relates to better behaviors. The
other two were negative, indicating a relationship between more knowledge and bad
behaviors.
Pre -Campaign Correlations between Participant
Kno ded a and Behaviors
91
Where does
source of watcr,.-t',
stormwater o once it
pollution
What do you do with the grass clippings after
you mow your lawn?
.174*
.003
How often does someone fertilize your lawn?
-.285*
.011
Has anyone ever tested the soil to determine
how much fertilizer it needs?
043
.027
How do you get your vehicle washed?
-.009
.040
When you wash your vehicle at home, where
does the soapy water flow?
-.051
-.484**
If you change your own oil, how do you
dispose of the used oil?
.184
.111
How often do you pick up your dog's waste?
-.106
.i88
*Correlation is significant at the .05 level
**Correlation is significant at the .01 level
The desired response for the question asking the respondent to identify the biggest source
of water pollution was "runoff from yards, parking lots, and streets." Those who gave the
desired response were more likely to give responses indicative of better methods of grass
clipping disposal. Those who were more knowledgable were more likely to leave their
grass clippings on the grass, spread them in the yard, or mulch/compost them (r = .174, p
= .035). However, those who gave the desired response were also more apt to fertilize
their yard more than once a year (r = -2.85, p = .026).
-14-

CWEP Final Survey Comparison Report
Participants who knew more about where stormwater goes were more likely to exhibit
poor car washing behaviors. The best choice for where stormwater goes once it enters a
storm drain is "to the nearest stream." Those choosing this answer were more likely to
allow their soapy water to flow into the street or driveway (r = -.484, p = .001).
Conversely, participants who chose the poorer answers for where stormwater goes were
more likely to allow the soapy water to flow into the dirt or gravel, which is a better
behavior.
The same set of correlations was conducted on the post -campaign data. There was only
one significant correlation. There is a positive relationship between more knowledge
about where stormwater goes and used oil disposal. Those who knew that stormwater
goes to the nearest stream once it enters a storm drain were more likely to take the used
oil somewhere to be recycled (r = .164, p = .028). Those who chose the poorer answers
for where stormwater goes were more likely to perform harmful behaviors with their oil
disposal (putting it with the garbage, pouring it down a storm drain, or something else
other than recycling).
Post -Campaign Correlations between Participant
Knowledge and Behaviors
XVhat is biggest
NN'herc does
the
source of ivater
storillwiter I wice it
pollution in NC?
entersa storni drain?
What do you do with the grass clippings after
you mow your lawn?
.041
.050
How often does someone fertilize your lawn?
.008
.018
Has anyone ever tested the soil to determine
-.019
how much fertilizer it needs?
.020
How do you get your vehicle washed?
-.039
-.032
When you wash your vehicle at home, where
does the soapy water flow?
.084
.044
If you change your own oil, how do you
dispose of the used oil?
.060
.164*
How often do you pick up your dog's waste?
.030
.074
`Correlation issignifrcant at the.05level
In general, there are poor correlations between better knowledge and better behavior.
This is consistent with research that even if people know about watershed functions, their
behaviors may not be appropriate, and vice versa. This further reinforces the
fundamental concept that in order to effectively change behaviors that contribute to
nonpoint source water pollution, those conducting outreach need to focus on the
behaviors themselves. increasing knowledge may have other benefits, such as increasing
willingness to pay for environmental services or support for environmentally protective
policies.
This research conveys a number of interesting findings for those conducting and
evaluating the effectiveness of mass media campaigns directed at changing public
behaviors. Most broadly and most notably, in this case, information dissemination alone
appears to have brought about changes in self -reported behaviors. However, our research
cannot confirm whether people actually DID change their behavior, or whether they
maintained the new behaviors.
TINE

CWFP Final Survey Comparison Report
The claim that our media campaigns brought about changes in awareness of stormwater
issues can be made more conclusively, at least with regard to desirable behaviors, as
awareness is necessary for people to give the correct responses. After the campaign, a
greater proportion of respondents generally gave desirable responses on questions both
about stormwater generally and about individual behaviors that contribute pollutants to
stormwater runoff. It appears that the CWEP media campaigns conducted in 2007 were
effective in bringing about overall increases in awareness and improvements in behaviors
that contribute to the nationwide problem of polluted stormwater runoff.
References
Bartlett, Chrystal. 2006. Stormwater Knowledge, Attitude, and Behaviors: A 2005
Survey of North Carolina Residents. NC Department of Environment and Natural
Resources.
Foushee, Samantha. 2009a, Pre -Campaign Survey Results. Center for Survey Research,
East Carolina University.
Foushee, Samantha. 2009b. Post -Campaign Survey Results. Center for Survey
Research, East Carolina University.
Foushee, Samantha. 2009c. Pre- and Post -Campaign Survey Comparison. Center for
Survey Research, East Carolina University.

CWEP Final Survey Comparison Report
Appendix A - Jurisdictions Participating in the NC Clean Water
Education Partnership in 2007
Apex
Carrboro
Cary
Chapel Hill
Durham
Fuquay-Varina
Garner
Goldsboro
Havelock
Hillsborough
Holly Springs
Hope Mills
Chatham County
Durham County
Johnston County
Orange County
Municipalities
Counties
Kinston
Knightdale
Morrisville
New Bern
Oxford
Raleigh
Rocky Mount
Smithfield
Spring Lake
Tarboro
Wake Forest
Wilson
Nash County
Wake County
Wayne County
.17.

CWEP Final Survey Comparison Report
Appendix B - Mail Survey Instrument
Clean Water Education Partnership Survey
Please circle the letter to show your response. Thank you!
1. Are you...
a) Male
b) Female
2. What county do you live in?
3. What is your ZIP code?
4. Based on your current knowledge, do you think the overall water quality of the rivers,
streams, lakes, etc. in your area is...
a) Poor
b) Fair
c) Good
d) Excellent
S. The following is a list of possible sources of water pollution. Please tell us which one
YOU think is the biggest source of water pollution in North Carolina:
a) Litter
b) Wastewater from industrial plants
c) Wastewater from sewage treatment plants
d) Runoff from yards, parking lots, and streets
e) Runoff from farms and agricultural operations
6. If you had to pick ONE of the following options to describe where rainwater goes
after it goes down into a storm drain (see picture), would you say that the rainwater
drains to....
a) a sewage/wastewater treatment plant
b) a separate special treatment plant
c) nearby fields and yards
d) the nearest stream
-18-

CWEP Final Survey Comparison Report
7. Do you recall seeing any ads on TV recently about rainwater or stormwater runoff
(water that runs off streets and parking lots after it rains) or how the land next to a stream
should be maintained?
a) Yes
b) No
c) Not sure
d) 1 don't watch TV
8. Do you have a grass lawn or a yard that you maintain?
a) Yes
b) No (skip to # 13)
9. When you mow the grass, what do you do with the grass clippings?
a) Collect them and put them with the garbage
b) Leave the clippings on the grass or spread them in the yard
c) Dump them in a gutter or ditch
d) Pile them in the yard, or compost/mulch them
c) Other
0 1 don't niow
10. Does anyone fertilize your lawn?
a) Yes
b) No
11. About how often would you say someone fertilizes your lawn?
a) Monthly or every other month
b) Two or three times a year
c) Once a year or less
12. Has anyone ever tested the soil on your lawn to determine how much fertilizer it
needs?
a) Yes
b) No
13. Do you have a car, truck, or other vehicle?
a) Yes
b) No (skip to 918)
-19-

CWEP Final Survey Comparison Report
14. How do you get your vehicle washed?
a) 1 wash it at home or have it washed at home
b) I take it to a commercial car wash
e) I take it to a volunteer car wash
d) It depends ! Other
e) 1 don't wash my vehicle (skip to 416)
15. If/when you wash your vehicle at home, does the dirty washwater flow...
a) Onto grass, dirt, or gravel
b) Onto the street or driveway
c) It varies
d) Not sure where it goes
e) 1 don't wash my vehicle at home
16. Do you ever change your own oil?
a) Yes
b) No (skip to 4 18)
17. If you change your own oil, how do you dispose of the old used oil? Do you...
a) Put it with garbage
b) Pour it dawn a storm drain, into the yard, or
into a ditch
c) Take it somewhere to be recycled
d) Other (specify):
18. Do you have a dog?
a) Yes
b) No (skip to 420)
19. Do you pick up your dog's waste (from walks or from in the yard)...
a) Always or almost always
b) Sometimes
c) Rarely
d) Never
To help us interpret the range of responses we will receive, please tell us a little about
yourself. All answers are completely confidential.
20. Are you retired?
a) Yes
b) No
21. Do you own or rent the place where you live?
a) Own
b) Rent
c) Other
-20-

CWEP Final Survey Comparison Report
22. Which of the following best describes your formal education?
a) Some high school or less
b) High school graduate
c) Some vocational or technical school
d) Vocational or technical school graduate
e) Some college or 2-year college graduate
0 4-Year college graduate
g) Post -graduate degree or more
23, Which of these categories best describes your age?
a) I8-24
b) 25-34
c) 35-44
d) 45-54
e) 55-64
0 over 65
24, To ensure our survey has a proper representation by race, are you...
a) Slack or African -American
b) White or Caucasian
c) Asian
d) Hispanic or Latino
c) Other
25. Which of the following categories best describes your total annual household income
before taxes? Remember, this information will only be associated with your other
responses to this survey and never with you as an individual.
a) Less than $12,000
b) $12,000 to $25,000
c) $25,000 to $35,000
d) $35,000 to $50,000
e) $50,000 to $75,000
0 $75,000 to $100,000
g) over $100,000
Thank you for participating in this important survey! We greatly appreciate your time
and assistance.
To find out more about why we are conducting this survey, call [phone] or email [e-mail].
- 2'1 -

CVVEP Final Survey Comparison Report
Appendix C - Web Traffic and Mass Media Campaigns
There was a discernible spike in web traffic associated with our Spring 2007 TV
campaign. Traffic during the radio campaign was low overall, probably because web
traffic is generally lower in the summer anyway. One explanation for why there was an
increase with television and not with radio is that people were inside and near their
computers when they are watching TV, whereas radio listening tends to be associated
more with outdoor activities and driving. Also, it is possible that TV viewers have an
easier time remembering a URL than might radio listeners because the URL is displayed
visually on television.
Figure 1: Number of overall visits and number of visitors for FY07.
3.500
' 0--�Numtier,ofvisits
31000 -L:- - Unlque vislt1.orw
2,500'
2,600
1;500
t,000:
500
July Aug. Sep,.. Oct, Nov, Dec'., Jan..- fab 'Apri
:, ,:Mat Oh ` 401, May, June
2006 2006 2006. 20M 2oo6. .20a6 '2607 2007' �2007;2007 2007 '2007
Some springtime web traffic may also be attributable to the "tile" (small sidebar
advertisement) we ran on WTVD during our TV campaign linked to our website. At a
cost of $1,000, CWEP's tile was shown 90,319 times ($.01 1 per impression). 130
WTVD website visitors "clicked -through" the tile to our website while the tile was
online.
We polled visitors to our www.neCleanWatenort~ website from March — April 2007 with
the following question posted to our homepage: "What brings you to our website today?"
Responses were as follows:
Response
Number
Percent of total
responses
saw one of your commercials on
television
29
46%
clicked a link on another website
12
19%
I have visited before
11
17%
Other
6
10%
I used a search engine
5
S%
Total
63
100%
It seems clear from this poll that a major driver of traffic to the website during that period
was the television campaigns.
!W*AE

CWEP Final Survey Comparison Report
Another metric of effectiveness is the number of people who visited our website overall
and how many added the site to their "Favorites" list. The percentage of visitors staying
more than 30 seconds stayed approximately constant with the increase in traffic, which is
good. The percentage if visitors who added the site to their Favorites increased
consistently over the fiscal year; the increase may or may not have been due to the media
campaigns.
Figure 2: Percentages of visitors adding page to favorites and
staying more than 30 seconds
These campaigns were conducted in a very intensive fashion, with broadcast times
purchased at highly desirable time slots when viewership is high, such as during the 2007
ACC Tournament.
Run
Time Period
Total Impressions
Cost
Spring 2007 (FY07)
TV
February -April 2007
27,402,654
$103,409.85
Summer 2007 (FY07)
Radio
June 2007
$19,962.00
Fall 2008 (FY08) TV
September 2007
8,948,428
$55,068.50
In total, CWEP spent $156, l 28 on media campaigns during the time period, of which
$21,370 was paid for by NCDENR. For details on the individual media campaigns
conducted, please visit the CWEP Website, www.ncCleanWater.org and click on
"Outreach."
-23_

CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 3 of 83
Sec. 703. Certification of occupancy.
A. Applicability. No change shall be made in the use, the reuse or change of occupancy of any
existing land, building or structure until a certificate of occupancy is obtained from the
inspections services administrator certifying that all of the provisions of this LDC have been met.
Furthermore, any change listed above shall cause the applicant to submit a site plan which shall
be in compliance with all city requirements, including the zoning provisions of this LDC.
B. Application. An application for a certificate of occupancy shall be filed with the inspection
services administrator when a structure of use or occupancy is ready for initial use or occupancy
and when a change of use or re -occupancy occurs.
C. Effect of approval. Any department or official shall issue no permit or license required by
the city or other governmental agency or employee unless a copy of an effective certificate of
occupancy issued by the inspection services administrator accompanies the application for
such.
D. Conditional certificate of occupancy. Pending the issuance of a permanent certificate of
occupancy, a conditional certificate may be issued. The conditional certificate shall be valid for a
period established by the inspection services administrator, pending completion of an addition,
or during occupancy of a structure. The inspection services administrator may issue a
conditional certificate of occupancy as warranted.
E. Unlawful to occupy without valid certificate of occupancy. It is unlawful to occupy any
building that does not have a valid certificate of occupancy.
Sec. 704. Landscaping and buffering.
Landscaping and buffering on a specific site may be comprised of a number of separate
elements, as set forth below. The standards of this section provide for the preservation of existing
vegetation and for the installation and maintenance of new vegetation and other landscape architectural
features. The purpose of these standards is to improve property and community appearance, allow for
the ecological benefits provided by plant materials, prevent the overcrowding of land and enhance the
privacy and welfare of citizens by separating land uses. The landscaping and buffering standards of this
section shall apply to all proposed development for which a site plan is required. All requirements shall
run with the land use and shall apply against any owner or subsequent owner. Land used toward
achieving the requirements of the section need not hold the same zoning designation as the use to
which the landscaping and buffer applies but the landscaping shall either be on the same lot or on
contiguous property under the same permanent possession or control as the lot on which the use is
located.
A. Purposes and intent. The purposes and intent of the regulations contained in this
section are as follows:
1. To aid in stabilizing the environment's ecological balance by helping to
reduce soil erosion, stormwater runoff, flooding, and seasonally extreme weather
conditions, while at the same time aiding in noise, glare, pollution, and heat
abatement;
2. To encourage the preservation of existing trees and vegetation;
3. To assist in preventing overcrowding of land;
4. To provide visual buffering and enhance the beautification of the city;
5. To safeguard and enhance property values and to protect public and private
investment;
6. To preserve, protect and restore the unique identity and environment of
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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Rocky Mount and preserve the economic base attracted to the city by such
factors;
7. To conserve energy, and to protect the public health, safety and general
welfare;
8. To provide habitat for living things that might not otherwise occur or be found
in urban and suburban environs.
B. Application of landscaping requirements.
1. Except as otherwise provided, the landscaping requirements of this section
shall apply to all land (public ,and private) located in the planning/zoning
jurisdiction of the city: Unless provided otherwise by this section, none of the
uses authorized by this LDC shall be permitted until such landscaping
requirements are met. However, none of these requirements shall apply to:
a. Development existing at the time this section becomes applicable,
except as noted in this LDC.
b. Lots in the downtown area bounded by Goldleaf Street to the north,
Nash and Marigold Streets to the south, Albemarle and Washington
Streets to the east, and Church Street to the west.
2. The following categories are required to be landscaped:
a. Parking lot and driveway landscaping (subsection 704.F);
b. Dumpsters and other garbage disposal equipment (subsection
704. G);
c. Loading areas (subsection 704.G);
d. HVAC equipment (subsection 704.G);
e. Buffer areas (subsection 704.H); and
3. The intent of buffers is to provide a space to separate differing uses. The
buffer width is the specified width of the area devoted to plant materials. The
width is dependent on intensity of the use.
4. There are four (4) basic plant types referred to in this LDC, and all shall be
locally adapted living plants. They include large trees, small trees, shrubs, and
ground cover defined as follows:
a. Large trees: Large trees which are planted to meet the requirements
of this subsection shall have an expected mature height of thirty (30) feet
or greater unless subject to a power line overhead, in which case a small
tree may be substituted. Sixty (60) percent of the required trees shall be
locally adapted natural evergreen species. Evergreen trees used to meet
the requirements of this section shall be a minimum of six (6) feet in
height when planted. Deciduous trees shall be a minimum of eight (8) feet
in height and six and one -quarter (6.25) inches in circumference (two (2)
inches in diameter) measured one-half (.6) foot above ground level when
planted. All trees shall be distributed throughout the yards, so that no
required tree is closer than ten (10) feet to any other required tree.
b. Small trees: Small trees planted to meet the requirements of this
subsection shall be a minimum of four (4) feet in height (and in a three (3)
gallon container) at the time of planting and have an expected mature
height of between ten (10) and thirty (30) feet. Sixty (60) percent or more
of these trees shall be evergreen.
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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c. Shrubs: Shrubs planted to meet the minimums standards of this
section shall be minimum of one and one-half (1.5) feet in height when
planted and be expected to reach a height of six (6) feet or greater within
five (5) years of planting. All such shrubs shall be evergreen, except that
deciduous shrubs may be used in buffering for perennial watercourses.
d. Ground cover. A planting of low plants that grow and cover soil.
C. Landscaping procedures and genera! requirements.
1. Landscape plan requirements. When site plan approval is required by this
LDC on any land where the landscaping requirements of this section are
applicable, the site plan shall contain in addition to the information already
required, the information listed in paragraphs (a) through (e) below. When an
application is made for a building permit on any land where the landscaping
requirements of this chapter are applicable, such building permit application shall
be accompanied by a landscape plan. The landscape plan or site plan shall
contain the information listed in paragraphs (a) through (e) below, or any
additional information as determined by the department of planning and
development, planning board, or city council to enable them to determine
whether the permit application or plan should be approved.
a. Existing and proposed land uses and buildings on the subject lot,
including the location and dimensions of parking areas, driveways,
sidewalks, loading and exterior storage areas, and if applicable, HVAC
and refrigeration equipment;
b. Existing land uses and buildings, on adjoining and adjacent lots or
within two hundred (200) feet of the common property line, whichever is
less, excluding properties across a public street; and the current zoning
classification(s) and the names and addresses of the owners of all
adjacent or adjoining properties;
c. Existing and proposed landscaping which will be used to comply with
the requirements of this LDC including the location and dimensions of
planting areas (including bufferyards); the number, location, spacing,
species, and height of plants; the size in circumference one-half ( 1/2)
foot above grade of new trees (except small trees); an indication of the
size of walls, earth berms and fences; and provisions for watering, soil
stabilization, plant protection, and maintenance access;
d. The number, location, species, and size in circumference four and
one-half (4 112) feet above grade of existing natural trees which are to be
maintained and preserved for credit; and the type(s) of trees (small and/or
large) and number of each for which credit is being taken; and
e. The location and description of any barriers to be erected to protect
any vegetation from damage during and/or after construction.
2. Standards. All plant material shall meet or exceed size and shape
relationships specified in the latest edition of The American Standard for Nursery
Stock published by the American Association of Nurserymen. All sizes specified
refer to size 'at time of planting. No building permit shall be issued nor grading
begun until a plan for buffers and landscaping has been approved.
3, Maintenance responsibility. Unless otherwise stated, the owner of any
property where landscaping is required shall be responsible for the maintenance
of all required plant material and continued compliance with this section.
4. Request for extension of occupancy. It is recognized that land development
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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occurs continuously and that vegetation used in landscaping or screening should
be planted at certain times to insure the best chance of survival. In order to
insure compliance and to reduce the potential expense of replacing landscaping
or screening materials which were installed at an inappropriate time or under
unfavorable conditions, a letter of request for extension of compliance with
landscaping requirements may be filed with the planning administrator, which
states the reasons why the request is being made. The planning administrator
may find cause to grant an extension of compliance if one (1) or more of the
following conditions exist:
a. The planting material is unavailable.
b. The time for planting would jeopardize the health of planning material.
c. Weather conditions prohibit the planting of material.
In addition, this letter shall acknowledge that the applicant for the building
permit is aware of all landscaping and screening requirements. If the
planning administrator grants the extension of compliance, the applicant
shall post a performance guarantee (such as a letter of credit or
performance bond) payable to the city from a financial institution licensed
in the State of North Carolina with a local office within sixty (60) miles of
the city sufficient to cover one hundred ten (110) percent of the installed
landscaping costs has been posted with the department of engineering.
The applicant will be required to comply with the landscape requirements
within one hundred eighty (180) days from the issuance of the extension
of compliance, or discontinue use of the property. If the initial letter of
request for extension of compliance with landscaping requirements has
expired and conditions are still deemed unsuitable for planting, the
applicant may request one (1) additional extension of up to ninety (90)
days. The applicant shall also acknowledge that while a conditional
certificate of occupancy may be issued,.no final certificate of occupancy
will be issued while there is an active extension of compliance with
landscaping requirements. Failure to comply with the provisions of this
section within the time noted in the letter of request for the extension of
compliance with landscaping requirements shall be deemed a violation of
this LDC.
5. Plant and topsoil requirements. All plants installed to meet the requirements
of this section shall be healthy and conform to -the standards set forth in the
current edition. of American Standards of Nursery Stock (developed by the
American Association of Nurserymen). Such plants shall be planted in fertile,
sandy loam topsoil that is free from any substance that may be harmful to plant
growth.
6. Maintenance requirements: The owner is responsible for maintaining all
required plant material in good health for the duration of the premises. In
maintaining such plants, good husbandry techniques shall be used, including but
not limited to, proper pruning, watering, fertilizing and mulching,' so that the plants
will meet the requirements of this LDC and have minimum density and foliage. All
landscape planting areas shall be stabilized from soil erosion immediately upon
planting and shall be maintained for the duration of the premises. Such soil
stabilization shall include mulching with bark or other acceptable material or
seeding with grass (unless ground cover is already established). Whenever
planting areas required by this section are adjacent to parking areas or
driveways, the planting areas shall be protected from vehicular intrusion and
damage from vehicle lubricants or fuels. Any dead, unhealthy or missing plants
must be replaced with locally adapted vegetation, which conforms to the initial
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CHAPTER 7. GENERAI. DEVELOPMENT STANDARDS
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planting standards of this LDC. In order to help insure that required plants are
established in good health and will continue to grow to their desired size, the
owner of any required landscaping shall provide the city with a performance bond
from a surety company authorized to do business in North Carolina, an
irrevocable letter of credit or other instrument readily convertible to cash at face
value payable to the city from a financial institution licensed in the State of North
Carolina with a local office (within sixty (60) miles of the city, or cash placed in
escrow with a financial institution designated as an official depository of the city
in the amount of ten (10) percent of the estimated cost of said landscaping
improvements as estimated by the director or the director's designee. For
financial guarantees of two thousand dollars ($2,000.00) or less, only irrevocable
letters of credit or cash placed in escrow will be accepted. The financial
guarantee may be used to replacelreplant any . required plants, which the city
determines, are unhealthy within eighteen (18) months after the initial planting.
Such replanting shall take place within one (1) year after a plant is deemed
unhealthy.
7. Traffic hazards. Landscaping shall not obstruct the view of motorists using
any street, private driveway, parking aisles or the approach to any street
intersection so as to constitute a traffic hazard or a condition dangerous to the
public safety upon any such street, driveway parking aisle or street intersection;
or violate the thirty (30) foot sight triangle or site distance easement (SDE)
computation guidelines.
8. Easements. No tree, shrub, or barrier shall be installed on property subject to
utility or drainage easements without the consent of the public works and/or
public utilities departments and the easement holder (grantee).
9. Solar access. If existing development on an adjoining lot is designed for solar
access, small trees shall be substituted for large trees where large trees would
destroy solar access.
D. Alternate methods of landscaping compliance. Although certain materials and
particular methods of construction are specifically prescribed by this section, this section
is not intended, especially whenever a stream, natural rock formation or other
physiographic condition exists, to prevent the use of an alternate material or method of
construction; provided any such alternate material or method of construction has been
approved in writing or in plan and its use authorized by the director or the director's
designee. The director may approve in writing or in plan any such alternate material or
method of construction; provided, it is found that the proposed alternate material or
method of construction is for the purpose intended, at least the equivalent of that
specifically prescribed by the LDC in quality, effectiveness, durability, hardiness, and
performance. The director may require that sufficient evidence or proof be submitted to
substantiate any claim that may be made regarding its use. In instances where the
ground area required for landscaping by this LDC exceeds twenty-five (25) percent of
the area of the lot and the property owner has reduced the width of the bufferyard, then
the size of landscaped planting areas may be further modified as deemed appropriate to
achieve this twenty-five (25) percent limitation. This provision of this section is
supplemental to any statutory and LDC authority to issue variances.
E. Credit for preservation of existing vegetation. The preservation of existing
vegetation within bufferyards and on -site is strongly encouraged. Existing vegetation
may be used to meet any non-residential development landscaping/buffering
requirements of this LDC as long as the intent and applicable standards of this LDC are
fully met.
1. Credits and other incentives to preserve vegetation: Existing live natural trees
located on the subject lot and outside of drainage and utility easements and
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TABLE INSET:
public street rights -of -way may be credited towards the tree planting
requirements of this LDC, including buffer trees, street trees and parking lot
trees, according to the following:
Size of Existing Tree
Number of Trees to be Credited
2 inch to six in caliper
1
7 inch to 12 inch caliper
2
13 inch to 18 inch caliper
3
19 inch to 24 inch caliper
4
25 inch + caliper
5
In order to receive credit, preserved vegetation must be in good health and
condition. Trees designated to be preserved must be indicated on the landscape
and grading plans. Protective barriers must also be shown on the landscape
plans in accordance with the ' submission requirements of this section. If a
preserved tree dies within twenty-four (24) months of the completion of the
landscape project,, it must be replaced with the total number of trees which were
credited to the existing tree; the size of the new tree must comply with the size
requirements for new trees as established in this section.
2. Protection of existing trees during construction. No grading or other land -
disturbing activity can occur on a site with existing trees which are designated to
be preserved in order to meet the landscaping requirements until protective
barriers are installed by the developer and 'approved by the planning and
development director. Trees designated for preservation which are counted
toward the landscape requirements must be protected by barrier, while trees
designated for preservation which do not count toward the landscape
requirements are encouraged to be protected by barriers. The diameter of the
preserved trees and the location of protective barriers must be shown o the
landscape and grading plans with the dimension between the tree trunk and
barrier indicated.
Barricades shall be placed around the critical root zone of the preserved trees
that are within fifty (50) feet of any grading or construction activity. The critical
root zone is a circle extending around the tree with a one (1) foot radius for every
on inch of tree diameter. For example, a ten (10) inch diameter tree would have a
barricade surrounding it, erected ten (10) feet away from the trunk. All protective
barriers must be maintained throughout the building construction process.
Protective barriers shall'consist of either:.
a. A fence which is at least three (3) feet high and constructed in
a post and rail configuration, using two (2) by four (4) rails; or
b. A fence with two (2) by four (4) posts placed no farther apart
than ten (10) feet' apart covered with four (4) 'foot orange
polyethylene laminar safety fencing.
No credit will be allowed for any tree proposed to be retained if there is any
encroachment within the "protected ground area" defined above. For the purpose
of this section, an encroachment is defined as any change in the natural grade,
construction of impervious surfaces, trenching or excavation, storage of
equipment, materials or earth and the temporary .or permanent parking or
circulation of vehicles or equipment., This definition does not exclude the
construction of sidewalks or permeable parking areas, so long as such areas are
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 9 of 83
approved by the director and the following conditions are met:
a. No more than ten (10) percent of the protected ground area
(including any additional landscape planting area) may be covered
by sidewalks, up to twenty (20) percent of this area may be
covered by permeable parking areas or a combination of
sidewalks and permeable parking areas;
b. Sidewalks shall be raised to avoid root damage; private
sidewalks may be constructed with asphalt if a concrete or brick
sidewalk would damage the tree's roots; and
c. Permeable paving shall provide water and gaseous exchange
to the tree roots, and the existing grade shall not be lowered or
raised, except that the finished paved surface may be an average
of six (6) inches above the existing grade.
d. Where existing vegetation is used in bufferyards,
supplemental plantings may be required, if the existing vegetation
does not provide the same effect as a planted buffer would after
five (5) years of normal growth. Where supplemental evergreen
shrub plantings are required, the shrubs shall have a minimum
height of one and one-half (1 1/2) feet when installed with an
expected height of six (6) feet or greater within five (5) years after
planting. When existing vegetation to be preserved on a site does
not meet all of the requirements of this LDC, then the owner shall
only be required, to plant those trees and shrubs necessary to
meet these requirements.
F. Parking lot and driveway landscaping.
1. Intent, purposes and application. The landscape requirements herein have
been developed to improve the appearance of parking areas, to distribute
planting areas around and within parking areas; to modify the rate of stormwater
runoff and increase the capability of groundwater recharge in urbanizing areas; to
provide shade, noise reduction, filtering of the air of pollutants, and other
beneficial environmental effects to the microclimate; to prevent the overcrowding
of land; and to break the visual blight created by large expanses of parking
areas. The requirements of this subsection are for all parking areas or portions
thereof, required or otherwise, built after the application of this section (effective
date), which provide service 'to a nonresidential development, regardless of the
zoning district in which they are located. Parking areas as they pertain to this
subsection shall include all areas outside of public rights -of -way where motor
vehicles are either stored or driven, including private driveways, parking lots,
vehicular display lots, rental lots, and depots, but excluding parking
buildings/structures, temporary parking areas which are covered with grass or
other live plant material, and areas which are exclusively used as loading and/or
service areas.
2. Landscaped parking areas development within parking areas (including
accessory drives and aisles) exceeding five thousand (5,000) square feet on the
same parcel shall provide and maintain landscaped areas based upon the
surfaced parking area. Areas under canopies, loading and service areas, and
portions of drives with no parking on either side for a distance longer than twenty-
five (25) feet and/or used exclusively as access to loading or service areas, are
exempt from this requirement. The landscaping within parking areas shall be
provided in addition to buffer requirements of this LDC. Internal areas provided
for landscaping shall be in the amount equivalent to at least fifteen (15) percent
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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of the paved parking area, and shall be used for either the saving of existing
trees or their replacement' with either trees or shrubs according to the credits
below. Tree planting areas shall be Iodated such that no parking space is farther
than sixty (60) feet from a large tree trunk (To ensure this requirement is met the
developer shall submit a parking landscape radius detail).
3. Required landscape materials.
a. Trees shall be credited at the following rates, either in combinations of
small and large trees, or with large trees only, to add up to the required
landscape area:
1) One (1) two and one half (2 112) inch caliper, large tree per
two hundred fifty (250) square feet of required landscaped area.
Each large tree shall be located within a minimum growing area of
two hundred fifty (250) square feet, un-encroached upon by
shrubs or impervious pavement, with a minimum dimension of ten
(10) feet. Additional credit may be given for larger trees, up to four
(4) inch caliper, when larger growing areas are also provided.
2) One (1) small tree/large shrub or evergreen tree at the rate of
one (1) eight (8) foot tall tree per one hundred twenty-five (125)
square feet of required landscaped area. Small trees and
evergreen trees shall be located within a minimum growing area of
one hundred twenty-five (125) square feet, with a minimum
dimension of seventy-two (72) 'feet, un-encroached upon by
shrubs or impervious pavement. Small trees/large shrubs may be
used to fulfill up to one half ( 1/2) of the required trees.
b. Evergreen trees and large shrubs, when used, shall be either pruned
or located to facilitate safe sight distance easements within parking lots.
c. Shrubs shall be credited at the rate of one (1) fifteen (15) to eighteen
(18) inch minimum height evergreen or deciduous shrub per thirty-five
(35) square feet of required landscaped area. This rate may be varied
based upon size of installed shrubs or ground cover. Shrubs to meet this
requirement must be located within fifteen (15) feet of the paved area.
Additionally, shrubs shall be located to facilitate safe sight distance
easements within parking . lots, and to protect them from overhangs of
motor vehicles.
d. Minimum curb'radii of three (3) feet are required on the corners of all
tree islands and medians to allow for free movement of motor vehicles
around planting materials. All islands shall have raised edging around
them to further protect plants from being run over by motor vehicles.
Medians without raised edging shall include devices to stop vehicles from
driving into the planted areas.
e. No more than one (1) tree may be provided per island, unless there is
at least the minimum growing area per tree as required in this LDC. Large
trees shall not normally be planted less than eighteen (18) feet apart, and
small trees/large shrubs shall not normally be planted less than twelve
(12) feet apart.
4. Vehicular use area landscaping design screening. Requirements of this
subsection are intended to ensure attractive views of a property from streets and
adjacent properties;, to block views of parking lots from the adjacent rights -of -
way, to moderate temperatures of impervious areas and abate glare from parking
lots or service areas; to filter automotive exhaust; and to encourage the
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 11 of 83
preservation of stands of existing trees and their root zones. This section
specifies minimum requirements and design standards while allowing flexibility
freedom in design. It is not the intent of this section to completely block the views
of buildings from the street. Irrigation of landscape medians is strongly
discouraged. The use of drought -tolerant planting material should be used
instead. Landscaping requirements in parking areas and vehicular use areas are
as follows:
a. All vehicular use areas must have at least one (1) canopy tree trunk
within sixty (60) feet of each parking space. Two (2) small trees may be
used instead of one (1) canopy tree only if overhead or underground
utility lines will impair the canopy tree's growth to mature habit. All
vehicular use areas used for parking shall be screened from the view of
adjacent properties and streets by evergreen plantings that will attain a
height of three (3) feet within three (3) years. The use of shrubs and
ground covers is encouraged in parking area islands and along the
borders of parking areas.
b. Existing healthy, well -formed, canopy trees may be counted toward
the requirements of this section, provided that these trees are protected
before and during development of the site and maintained after
development in a healthy growing condition.
c. The design of the vehicular use area with landscaped areas, and the
selection of plant materials, and the vehicular use area shall meet the
following standards:
1) All parking spaces shall be within sixty (60) feet of the trunk of
a canopy tree, or thirty (30) feet from small trees if allowed under
overhead utilities or within special circumstances.
2) All planting medians and/or islands in vehicular use areas
should all be at least ten (10) feet long by ten (10) feet wide with a
minimum'of three hundred (300) square feet of space per canopy
tree where these trees are proposed. This dimension must be
measured from the back of the curbs. Linear planting strips
between the length of parking isles are strongly encouraged rather
than numerous small one (1) tree islands. If linear planting strips
are used then the distance of parking spaces from a trunk of a
canopy tree may be increased to seventy (70) feet.
3) A minimum ten (10) foot wide continuous planted median shall
be installed in off-street parking areas approximately every two
hundred fifty (250) linear feet in one (1) direction for vehicular
surface areas exceeding seventy-five thousand (75,000) square
feet. Other design options may be approved provided the intent of
"breaking up" large areas of parking is met. Saving existing interior
trees may be credited toward this requirement. This requirement
does not apply to vehicular display lots, vehicular rental lots and
other similar lots.
1) The size of the planting area and size of plant material
at maturity shall allow for a three and one-half (3 1/2) foot
bumper overhang from the face back of the curb. Barriers,
such as curbs or wheel stops, must be provided between
vehicular use areas and landscaped areas.
2) All sidewalks shall be at least six (6) feet from the
trunks of all trees, unless otherwise approved by the
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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Director. For example, when the placement of the sidewalk
Would require the removal of an existing large tree to meet
this requirement or where there is not enough space on the
site to accommodate both the tree and the sidewalk this
requirement may be modified.
3) Parking lots shall be graded so that landscape islands
do not impound water, unless surface impoundment is
required as a method of on -site retention of stormwater.
Landscape islands should be thoroughly cultivated and
amended so as to support healthy plant growth.
4) Preservation of existing groups or stands of trees,
groves of trees, as well as isolated islands with single
trees, is strongly encouraged. Canopy trees shall be at
least two and one-half (2 112) inches in caliper when
installed.
5) Evergreen shrubs shall be of at least twenty-four (24)
inches in height and minimum three (3) gallon container
size at the time of installation.
6) The standards for all plants in vehicular use areas shall
conform to the American Standard for Nursery Stock
published by the American Association of Nurserymen for
tree or shrub types at installation.
7) Adequate drainage, and mulching, and irrigation shall
be provided for landscape medians and islands. If
automatic underground irrigation systems are permitted,
moisture sensor regulators soil moisture sensors or drip
irrigation shall be used.
8) . The property owner or developer shall provide for
continuous maintenance of the landscaped areas after
occupancy of the building. The property owner shall ensure
that performance criteria within this LDC and/or included
on the approved development plan are met. Failure to
correct deficiencies in a timely manner shall result in a
citation for violation of this LDC.
d. Exceptions are provided for underground parking and above ground
parking structures. When parking is provided underground or within
buildings, the above requirements shall not apply. However, if the parking
is visible from a public right-of-way or adjacent property, then it shall be
screened from views from streets and adjacent properties. Unless they
are designed to look life, reflect the architectural style of, and blend in
with the adjacent buildings, other buildings, dense landscaping should
visually separate all parking structures from the view of streets and
adjacent property. If this is not possible, then the walls of the structure
should be softened by the use of terracing, plantings, or other techniques.
G. Loading areas, trash collection and HVAC equipment screening regulations. All
loading areas, trash collection areas and portions thereof, and HVAC and refrigeration
equipment installed or established. after the effective date of this section, which provide
service to a nonresidential development and are not screened by an intervening building,
shall be screened from the view of all public street rights-6f-way for their entire length
along those streets, except for necessary access. Screening for such areas may be
accomplished by a closed fence or wall, or with natural evergreen shrubs. The location
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of the required screening shall be between the street right-of-way and all chain link
fences, so that such fences are also screened from the street. Natural evergreen shrubs
used to meet the requirements of this section shall be spaced at no more than one-half
( 1/2) of their natural spread at maturity or seven (7) feet, whichever is less.
Fences/walls used to meet the requirements of this section must be comparable with the
material, color and design of the main building, and additional planting materials shall be
provided so that no more than two-thirds ( 2/3) of the surface of the fencelwall is visible
from the street within three (3) years of the erection of the structure. Planting areas for
shrubs which are required by this subsection shall have a minimum width of five (5) feet.
1. Loading areas. Fences/walls used to screen loading areas must be at least
six (6) feet high; when using natural evergreen shrubs for screening, such shrubs
shall be a minimum of three (3) feet in height when planted and shall reach a
minimum height of six (6) feet within three (3) years of planting. Screening for
refuse containers (dumpsters) must equal or exceed the height of the container;
this screening standard shall be met at installation for fences, or within three (3)
years of planting for shrubs.
2. HVAC equipment and trash collection. Fences/walls used to screen HVAC
and refrigeration equipment or trash collection areas must equal or exceed the
height of the equipment required to be screened and be located at least two and
one-half (2 112) feet from such equipment. Natural evergreen shrubs used for
screening shall be a minimum of eighteen (18) inches in height when planted and
shall be expected to equal or exceed the height of the structures required to be
screened within three (3) years of planting. Shrubs planted to meet the
requirements of this section shall be located so that at maturity they will be no
closer than two and one-half (2 1/2) feet to any HVAC or refrigeration equipment.
H. Buffer areas. The intent of buffer areas is to provide a space to separate differing
uses, reduce the visual impact of development and provide for the protection and
retention of existing or revegetated plant materials.
1. Permitted uses within buffer areas. Buffers shall be left in an undisturbed
natural vegetative state or provided with supplemental plantings. Selective
thinning of vegetation under one and one-half (1 1/2) inch caliper and removal of
dead vegetation shall be permitted as long as the intent of the buffer requirement
is maintained. Driveways or walkways may cross a buffer at as near a
perpendicular angle as practical. Grading in the designated buffer may be
allowed with site plan approval, if the revegetation plan is determined to meet the
intent of this section.
2. Purpose of buffer yards. Buffer yards are a combination of land and physical
barriers such as trees, shrubs, fencing, and earthen berms which separate
various incompatible land uses. The purpose of buffer yards is to: (1) create a
better quality of living for the community and stabilize the environment's
ecological balance by planting and preserving vegetation; (2) establish
separation and a greater sense of privacy between incompatible land uses; (3)
reduce the transmission of dust, dirt, litter, air pollution, and odors; (4) help block
out visual pollution, glare, and noise; (5) help protect the value of buildings and
land in the community as a whole; and (6) serve as a protective or safety barrier
when incompatible land uses adjoin one another.
3. Buffers required. All new land uses established after the effective date of this
section shall provide a buffer yard whenever one is required, which complies with
the requirements of this LDC, on the developing property or on a contiguous
planting easement on the adjacent/adjoining property which is to be screened.
Existing lots may be required by the DRC and/or planning board to meet the
buffer yard requirements of this LDC, when proposed expansions or additions
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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exceed fifty (50) percent of he initially developed floor area and such expansions
are subject to planned building group regulations. In all other cases, the
requirements of this subsection shall not apply to adaptive reuse of existing
buildings or structures.
4. Riparian buffers. For all residential and non-residential development, a fifty
(50) foot riparian buffer shall be maintained from any perennial or intermittent
stream in accordance with the Tar Pamlico Nutrient Management Regulations as
adopted by the North Carolina Department of Environment and Natural
Resources. Land disturbing activities within the riparian buffer shall be limited to
those permitted by the NC DENR regulations.
5. Buffer yards of different setbacks or widths are required depending upon the
combination! of uses- and the adverse effects which the uses have. Bufferyard
setbacks are measured from the common property line to the edge of the closest
vehicular surface area, building, loading, display, storage, or service area located
on the lot of the proposed land use (except in the case of buffering for perennial
watercourses which is measured from the edge of the bank of the watercourse).
Whenever two (2) or more bufferyard setbacks are simultaneously applicable, as
an example, a building which contains office and commercial uses, then the more
stringent regulation is controlling. But, if two (2) or more different uses are
present on one (1) lot, only those uses which are more than ten (10) percent of
the gross floor area of the building or land area shall be considered.
6. Detached single-family housing on its own lot shall not be required to provide
any bufferyards.
7. Determination of required bufferyard. To determine the bufferyard required by
this section, the following steps shall be taken:
a. Identify the classification of the proposed land use and any existing
adjacent -land uses listed in the buffer yard use classification.
b. Use the buffer yard chart to determine the appropriate letter
designation for each abutting yard. Refer to Table 8.
c. Match the letter designation obtained from the buffer yard chart with
the letter designation of the buffer yard specifications Table 9, to
determine the required buffer yard.
I. Bufferyard use classification. Below are the classifications of land uses which will
determine the required bufferyards.
1. Classification I.
a. Single-family' dwellings, golf courses (regulation), nature areas,
wildlife sanctuaries and accessory uses including recreation and storage.
2. Classification II.
a. Duplexes, family care homes, multi -family - dwellings, dormitories,
manufactured home parks, fraternities and sororities,
rooming/boardinghouses and accessory uses including recreation and
storage.
b. Limited impact recreational uses, including, but not limited to,
playgrounds, jogging trails, bicycling areas, boat launch ramps, golf
courses (par 3), picnic areas, swimming pools, tennis courts, and ball
fields. Specifically excluded are miniature golf facilities, golf driving
ranges not operated in conjunction with a golf course (regulation) and
outdoor movie theaters.
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 15 of 83
3. Classification III.
a. Institutional uses, including, abut not limited to, day or youth camps,
cemeteries, churches, day care centers, group homes, libraries,
museums, nursing homes, public or private schools, schools or homes for
the physically or mentally handicapped, retirement homes, social or
fraternal organizations and hospitals.
b. Governmental buildings or uses, including, but not limited to, offices,
fire stations, police stations, garages, public utilities and public service
uses. Specifically excluded are sanitary landfills, wastewater treatment
facilities, extraction activities and animal shelters.
c. Commercial and services uses, including, but not limited to, retail
operations, hotels, laundries/dry cleaners, grocery stores not open any
time between the hours of 11:00 p.m. and 6:30 a.m., alcoholic beverage
stores, restaurants (standard, not drive-ins), service or business stores
(e.g. catering, bakery, duplicating, photography, shoe repair, tailoring,
travel agency, etc.) taxi companies, shopping centers, funeral homes and
principal use parking lots.
d. Utility uses, including, but not limited to telephone facilities, cable
television, radio and television facilities.
e. Medium impact commercial recreation uses, including but not limited
to, amusement parks, fairgrounds, miniature golf, golf driving ranges not
operated in conjunction with a golf course (regulation), sports' arenas,
stables, indoor recreation areas such as skating rinks, tennis, swimming,
handball and racquetball, athletic clubs, exercise and dance studios and
indoor theaters. .
f. Plant nurseries or greenhouses that are not a part of a farm.
g. Offices, including drive-in facilities.
4. Classification IV.
a. High impact recreational uses, including, but not limited to outdoor
theaters, ranges (skeet, rifle, archery) go-cart racing, billiard parlors and
nightclubs.
b. Road service uses, including, but not limited to, gasoline service
stations, convenience stores, drive in/fast food restaurants, major and
minor automobile repair, boat rental/sales or service, vehicle rental/sales
or service, automobile wash, retail sales involving outdoor storage
(vehicles, storage units, etc.), veterinary offices, kennels, bus and truck
terminals and mobile home sales.
c. Agricultural support uses including, but not limited to, farm equipment
rental/sales and service, and farm supply (feed, grain and fertilizer).
d. Grocery stores that remain open any time between 11:00 p.m. and
6:30 a.m. and animal shelters.
e. Light industrial uses, including, but not limited to, sewing operations,
wood. products, laboratories, warehouses, wholesaling businesses and
storage, publishing plants and printing plants, mini -warehouses,
contractors' office with equipment storage yards, furniture refinishing, fuel
oil, ice, coal; wood sales, lumberyards, building materials sales and
storage, trade shops (including cabinet, metal, carpentry, planing,
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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plumbing, upholstery, refinishing and paneling), tire recapping plants, and
wastewater treatment plants.
5. Classification V.
a. Heavy industrial uses, including, but not limited to, concrete or asphalt
mixing plants, open storage of bulk material or machinery, fuel generation
plants, grain elevators, farm product processing (dairies, poultry or meat),
meat packaging plants or slaughterhouses, resource recovery activities,
landing strips and heliports, and fertilizer manufacturing.
b. Extraction activities and junkyards.
J. Bufferyard requirements.
1. Bufferyard chart in Table 7-1 sets forth requirements for various use
classifications.
2. Buffering for adjacent nonresidential developed lots on which there is two
hundred (200) or more feet between the common property line and any existing
development maybe reduced by one (1) letter (from C to B for example).
3. Manufactured home parks must adhere to the buffer requirements specified
in the regulations for manufactured home parks.
4. The minimum allowed bufferyard width is six (6) feet. Where the bufferyard
width is less than nine (9) feet, two (2) small trees shall be provided for every
large tree otherwise required.
Table 7-1. Use Classification Bufferyard Requirements.
TABLE INSET:
Adjacent Existing Land Use Class
1
Adjacent Vacant
Residential
Proposed Land Use
Class
1
11
III
IV
V
Zoning District
11
B
--
--
--
--
A
III
C
B
-_
__
__
B
IV
D
j C
j A
j
j
j C
V
E
I D
B
A.
--
D
5. Bufferyard specifications.
Table 7-2. Bufferyard Specifications.
TABLE INSET:
Number of Plants Per 100 Feet
Bufferyard Type
Width (feet) 1
Large Trees
Small Trees
Evergreen Shrubs
A
6
0
3
7
B
10
2
3
16
C
20
.4
5
32
D
30
6
7
38
E
50
9
9
50
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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6. The required bufferyard shall be measured in a horizontal line, beginning at
the property boundary line to the outermost distance required in Table 7-2 above.
All required plantings shall be located within the required bufferyard.
7. Buffering with fences, walls, and earthen berms.
(a) A closed wooden fence or solid wall which is at least six (6) feet in
height may be used toward meeting the requirements of this subsection.
Such fences and walls shall be compatible with the material, color and
design of the main building, and the required plant materials shall be
located between the fence and the common property line. If a fence or
wall which meets these requirements is installed, the number of
evergreen shrubs and the bufferyard width (amount of land) may be
reduced by forty (40) percent (to a minimum width of six (6) feet).
(b) Any berms installed in a bufferyard shall have a minimum height of
three (3) feet, a minimum crown width of two (2) feet, and a stabilized
side slope of no greater than 2:1. A steeper side slope may be used in
exceptional cases when: (a) this steeper slope is sufficiently stabilized; (b)
the screening objectives of this ordinance are better achieved; and (c)
physical constraints of the site prevent the use of a flatter slope.
If an earthen berm which meets these requirements is installed, the
bufferyard width may be reduced by twenty (20) percent (to a minimum of
six (6) feet).
(c) Where a standard bufferyard covers more than twenty (20) percent of
the total area of a lot, a fence and berm combination may be used toward
meeting the requirements of this section. Such fence/berm combinations
shall be at least eight (8) feet in height and must meet the fence
requirements of subsection (g)(1).
If a fence/berm combination which meets these requirements is installed,
the number of evergreen shrubs and the bufferyard width may be reduced
by a maximum of sixty (60) percent (to a minimum of six (6) feet).
K. Buffering for perennial and intermittent watercourses. A fifty (50) foot riparian buffer
shall be maintained from any perennial or intermittent stream in accordance with the Tar
Pamlico Nutrient Management Regulations as adopted by the North Carolina
Department of Environment and Natural Resources. Land disturbing activities within the
riparian buffer shall be limited to those permitted by the NC DENR regulations.
L. [Reserved.]
M. [Reserved.]
N. Landscape screens/buffer, unsightly areas. The planning board may require
screen/buffers and/or berms to block unsightly views. The intent of a screens/buffer is to
use plant materials and/or other landscape architectural elements, fences or walls to
obscure views from the backs and sides of adjacent properties and roadways or trash
collection and dumpster locations. Breaks in screens shall be permitted to provide
adequate ingress and egress as needed. Loading docks for semi -trailers and trucks over
thirty-five (35) feet in length, mini -warehouses, correctional institutions, service courts,
and outside storage of material stocks or equipment, not for sale on the premises, such
as motor vehicles, farm equipment, or construction equipment, shall normally be
screened from unobstructed off -site views.
O. Landscape screen standards. Features and uses specified in subsection 703.0
above as requiring screen/buffers shall provide a visual obstruction from adjacent
properties in conformance with the following standards: The screen may be composed of
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
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existing undisturbed or re -planted, view -obscuring vegetation, wall, fence, or berm. The
items may be used individually or in combination. The result shall be a semi -opaque
(seventy-five (75) percent) screen which obscures views from the ground to a height of
the object being screened; however, the screen is not required to exceed eight (8) feet.
Plant materials shall be at least two (2) feet tall at the time of installation and reach the
desired height within three (3) to five (5) years of planting. When a combination of
features is proposed, one-third ( 1/3) of the surface area of all walls, fences or berms
that face off -site must be covered with plant material within three (3) to five (5) years.
Additionally, screen areas shall be sufficient to allow for the mature growth of plant
materials when used.
P. Streetscape buffer, major arterials and collector street trees. The primary objective
of major streetscape tree standards is to create a built environment that benefits from
the aesthetic and environmental qualities of an extensive tree canopy along the
frontages of streets and highways. Trees along major streets are attractive amenities
that improve the appearance of the community, providing shade and visual interest.
Trees along streets improve air quality, reduce stormwater runoff, provide wildlife habitat
and moderate the micro -climate impacts of heat absorbed by paved surfaces. Street tree
standards promote an appropriate balance between the built environment and the
preservation of natural vegetation.
1. Street trees for non-residential development. In all non-residential
developments which do not have street yard plantings, the developer shall either
retain or plant trees in front yards and corner side yards along any frontage with
adjacent public rights -of -way such that there is an average at least one (1) large
street tree for every thirty (30) feet of street frontage. The location of trees may
be varied, as long as there is a minimum of one (1) large tree for every one
hundred (100) feet of street frontage. Driveway widths may be subtracted from
the frontage linear feet.
2. Streetscape buffer for residential subdivisions. In all residential subdivisions
along any minor or major arterial street frontage abutting the development, an
average twenty-five (25) foot streetscape buffer shall be provided and protect the
subdivision and adjacent residence's side and rear yards from traffic noise. The
screen may be composed of existing undisturbed or re -planted, view -obscuring
vegetation, wall, fence, or berm. The items -may be used individually or in
combination. The result shall be a semi -opaque - (seventy-five (75) percent)
screen which obscures views from the major street into the subdivision lots being
screened; however, the screen is not required to exceed twelve (12) feet in
height from the ground. Plant materials shall be at least two (2) feet tall at the
time of installation and reach the desired height within three (3) to five (5) years
of planting. When a combination of features is proposed, one-third ( 113) of the
surface area of all walls, fences or berms that face off -site must be covered with
plant material within three (3) to five (5) years. Additionally, screen areas shall be
sufficient to allow for the mature growth of plant materials when used.
3. Protection. Property owners and developers shall be responsible for making
a good faith effort to protect existing or installed streetscape trees and buffers in
accordance with standard horticultural practice. Such good faith efforts over
twelve (12) months from the issuance of a certificate of occupancy shall be
deemed to meet these requirements.
4. Existing trees. Developers are encouraged to use existing specimen and
other trees identified on the tree survey to meet the requirements of LDC, as long
as existing trees are protected in accordance with the standards herein,
protection of existing vegetation. - Existing trees preserved to meet other
requirements of the LDC.may be used to meet these requirements as well. Street
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 19 of 83
tree credit shall be granted to a development for preserving existing trees in
public rights -of -way adjacent to the development provided that the root zone
outside of the public right-of-way is protected.
5. Street tree installation. Street trees to be provided in accordance with chapter
7 of this LDC, streetscape buffer tree standards, shall be clearly noted on any
site plan, development plan, preliminary plat, final plat, special use permit. Street
trees shall be of a species included on the list of acceptable street tree species
adopted by the director. Streetscape buffer trees shall be planted in accordance
therewith shall be at least two and one-half (2 112) inch caliper measured four
and one-half (4 112) feet above the ground. The director or the director's
designee shall have the authority to vary on a case -by -case basis the amount
and size of required street trees where an alternative requirement would address
unique site conditions and allow.design flexibility while still serving the objectives
for street tree standards. New street trees shall be located within the front
setback area and within twenty-five (25) feet of the street right-of-way and shall
not be located within or within four (4) feet of any street right-of-way or within any
right-of-way easement. However, the director of public works or the director's
appointee shall have the authority to approve street tree planting in the street
right-of-way in situations where street trees will not conflict with public utilities or
the provision of other public services. At least two hundred fifty (250) square feet
of contiguous, un-encroached growing area shall be provided for each tree. The
director of public works or the director's appointee shall have the authority to
approve a street tree growing area of smaller size where special features are
utilized in the site design to provide for adequate growth of street trees. Planting
location shall take into consideration any roadway widening identified on
approved arterial plans but not provided by the development. Street trees
required by chapter 7, streetscape buffer tree standards, on any lot shall be
planted before a certificate of occupancy is issued, except that the planting may
be postponed to the appropriate season in accordance with the requirements of
chapter 7, request for extension of compliance with landscaping requirements.
6. Application of streetscape and street tree standards. All new development
and land disturbing activity shall be conducted in accordance with this section,
following adoption, except additions to existing residential buildings on single-
family residential lots of record.
Q. Variations. The planning board may modify buffer and landscape standards where:
1. There are special considerations of site design and/or topography.
2. There is existing healthy vegetation that is sufficient to meet the requirements
of this section in part or in whole.
3. There exists a unique relationship to other properties.
4. The plantings or planting area would conflict with utilities, easements, or
overhead power ' lines, or encroach upon city trees, as recommended by the
director.
5. Proposed street widening not provided by the developer will consume the
landscaping area.
6. The additional screening or landscaping requirements of any other section
warrants a variance, in which case, the approving authority may vary the
requirements of this LDC so long as the intent of all sections are met.
The director may require alternative buffers or landscaping when a modification
to the requirements of this section is warranted in order to meet the intent of the
specified standards.
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CHAPTER 7. GENERAL DEVELOPMENT STANDARDS Page 20 of 83
R. [Reserved.]
S. [Reserved.]
T. Landscaping in site distance triangles. Within a thirty (30) foot by thirty (30) foot
sight distance triangle where any two (2) public streets intersect, all landscaping shall
remain clear between and within the plain described as thirty (30) inches to ninety-six
(96) inches in height above ground level. There shall be no obstructions to vision in
compliance with chapter 7. Within parking lots where drive aisles intersect a travel lane,
a ten (10) foot sight distance. easement shall be maintained and landscaping shall
remain clear of obstructions to vision! between and within the plain described as thirty
(30) inches to ninety-six (96) inches in height above ground level.
U. Location and spacing. Plant materials shall be spaced in such a way as to provide
an effective buffer. For example, trees and shrubs planted. in a row which is parallel to
the common property line would be acceptable, whereas plants in rows which are
perpendicular to the common property line are not acceptable.
V. Screening fence, wall or hedge. For the purpose of maintaining a compatible
relationship between certain land uses, a screening requirement may be established in
other sections of this LDC. When provisions require the construction of a screen wall or
fence as a condition, the screening wall or fence:
1. Shall be constructed, designed, and arranged to provide visual separation of
such uses, irrespective of vegetation.
2. Shall not be less than six (6) feet in height in side and rear yards, however in
front yard setback.areas, no fence or wall shall exceed four (4) feet in height.
3. Shall be constructed with all braces and supports on the interior, except
where both sides are of the same design and appearance.
4. Shall be erected prior to the issuance of the certificate of occupancy or prior
to the initiation of any use; and
5. Shall be repaired and maintained as necessary.
W. Landscaping for single-family lots, duplex sites and multifamily developments. At
least one (1) large tree and one (1) small tree shall be provided on all single-family
residential lots. Duplex lots shall require one (1) large tree per unit. Multifamily units shall
require one (1) large tree per each four (4) units. The required trees shall comply with
chapter 7, landscaping requirements preservation of existing trees on the site meeting
the standards may be counted towards this requirement.
(Ord. No. 0-2005-34b, § 1(Att. A), 5-9-05)
Sec. 705. Drainage improvements, soil erosion and sediment control.
Drainage improvements may be required for any regulated development in conformance with
the provisions of this LDC. Soil erosion and sediment control -related measures are required for any
regulated land disturbance activity, in accordance with the standards set forth in chapter 8 of this LDC.
All temporary measures and permanent erosion control and sediment control shall be maintained
continuously in an effective, working condition.
Sec. 706. Driveways/roadway access and sidewalks.
A. Single-family and duplex dwellings. Curb openings for single-family and duplex dwellings
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CHAPTER 8. STORMWATER MANAGEMENT
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,CHAPTER 8. STORMWATER MANAGEMENT
Sec. 801. Soil erosion and sedimentation control.
A. Purpose. This section is adopted for the purposes of:
1. Regulating certain land -disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and
2. Establishing procedures through which these purposes can be fulfilled.
B. Scope and exclusions.
1. Geographical scope of regulated land -disturbing activity. This section shall apply to
land -disturbing activity within the territorial jurisdiction of the City of Rocky Mount and to
the extraterritorial jurisdiction of the city as allowed by agreement between local
governments, the extent of annexation, or other appropriate instrument or law.
2. Exclusions from regulated land -disturbing activity. Notwithstanding the general
applicability of this section to, all land -disturbing activity, this Section shall not apply to
the following types of land -disturbing activity:
a. An activity, including breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man, including,
but not limited to:
1) Forage and sod crops, grain and feed crops, tobacco, cotton, and
peanuts.
2) Dairy animals and dairy products.
3) Poultry and poultry products.
4) Livestock, including beef cattle, sheep, swine, horses, ponies, mules,
and goats.
5) Bees and apiary products.
6) Fur producing animals.
b. An activity undertaken on forestland for the 'production and harvesting of
timber and timber products and conducted in accordance with best management
practices set out in Forest Practice Guidelines Related to Water Quality, as
adopted by the Department of Environment and Natural Resources. If land -
disturbing activity undertaken on forestland for the production of timber and
timber products is not conducted in accordance with Forest Practice Guidelines
Related to Water Quality, the provisions of this section shall apply to such activity
and any related land -disturbing activity on the tract.
c. An activity for which a permit is required under the Mining Act of 1971, Article
7 of Chapter 74 of the General Statutes.
d. A land -disturbing activity over which the state has exclusive regulatory
jurisdiction as provided in N.C.G.S. § 113A-56(a).
e. An activity which is essential to protect human life during an emergency.
3. Plan approval requirement for land -disturbing activity. No person shall undertake
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CHAPTER 8, STORMWATER MANAGEMENT
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any land -disturbing activity subject to this section without first obtaining a sedimentation
and erosion control (SEC) plan approval therefore from the city.
4. Protection of property. Persons conducting land -disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by
such activity.
5. More restrictive rules shall apply. Whenever conflicts exist between federal, state, or
local laws, ordinance, or rules, the more restrictive provision shall apply.
6. Plan approval exceptions. Not withstanding the general requirement to obtain a SEC
plan approval prior to undertaking land -disturbing activity, a SEC plan approval shall not
be required for land -disturbing activity that does not exceed forty-three thousand five
hundred sixty (43,560) square feet (one (1) acre) in surface area. In determining the
area, lands under one (1) or diverse ownership developed as a unit will be aggregated.
C. General requirements.
1. General.
a. Soil disturbance shall be conducted in such a manner as to minimize erosion
and sedimentation.
b. Soil stabilization methods shall consider the time of year, site conditions, and
the use of temporary and permanent measures.
c. Properties and channels located downstream from development sites shall be
protected from erosion and sedimentation. At points where concentrated flow
leaves a site, stable downstream facilities are required.
d. Soil erosion and sediment control features shall be constructed prior to the
commencement of upland disturbance.
e. If dewatering devices are used, adjacent properties shall be protected.
Discharges shall enter an effective sediment and erosion control measure.
2. Sites smaller than one (1) acre.
a. For all land -disturbing activities, control measures adequate to prevent off -
site erosion and sedimentation shall be provided regardless of size of
disturbance.
b. While sites with land -disturbing activities smaller than one (1) acre do not
have to meet the requirement for prior submittal and approval of an SEC plan, all
rules regarding protection of adjacent properties, easements, rights -of -way,
storm sewer systems, storm water impoundments, and open channels shall be
adhered to.
c. Where, in the opinion of the director of engineering, off -site erosion and
sedimentation has resulted either directly or indirectly from a land -disturbing
activity, which uncovers less than one (1) acre of land, the director of engineering
may require the submission of an SEC plan. Except for cleanup and interim
protection measures, all other construction activities on the site shall cease until
the SEC plan has been approved and implemented.
3. Site stabilization.
a. In addition to stabilization requirements set forth in this section, all disturbed
areas or phases of construction which will not be under active construction or
disturbance for periods of more than fifteen (15) working days or thirty (30)
calendar days shall be stabilized with temporary or permanent vegetation or
approved stabilization methods such as surface roughening and/or placement of
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CHAPTER 8. STORMWATER MANAGEMENT Page 3 of 31
mulch and tack or rolled erosion control matting.
b. Stabilization for areas not actively being disturbed shall also include but not
be specifically limited to temporary construction features such as soil stockpiles,
borrow operations, sediment traps, basins, ponds, embankments, swales,
diversions, water bars, etc.
4. Design requirements.
a. Except as covered under sections 802 and 803 of this Code concerning land
disturbing activities in or adjacent to areas protected as riparian buffers or
surface water supply watersheds, storm water hydrologic and hydraulic design
methods as well as permanent and temporary storm water control methods shall
be in accordance with the State of North Carolina Erosion and Sediment Control
Planning and Design Manual, latest edition or the City of Rocky Mount Storm
Water Design Manual, latest edition. Where conflicts may occur, the more
stringent requirement shall govern.
5. Protection of existing storm sewer systems.
a. Protection of open waters or wetland areas. All open channels and storm
water management facilities that are or will be functioning during construction
shall be protected, by-passed, shielded, or otherwise treated, cleaned, or filtered
to remove sediment.
b. Protection of enclosed private or public storm sewer systems. All storm sewer
facilities that are or will be functioning during construction shall be protected, by-
passed, shielded, or otherwise treated, cleaned, or filtered to remove sediment.
6. Minimum temporary control measures.
a. Construction entrancelexits. All land disturbing activities requiring direct
ingress and egress from disturbed areas to publicly maintained streets or indirect
access through parking lots, service roads, driveways, private streets, alleyways,
etc. shall be provided with tire cleaning facilities including but not specifically
limited to rock and gravel construction entrance/exits. In the event that
construction entrancetexits prove insufficient to prevent tracking of soil or
sediment onto adjacent properties, and roadways, additional measures such as
tire washing facilities shall be required. All off -site soil or sediment shall be
removed from adjacent properties -and roadways without damage to said
properties and roadways. At no time shall pavement markings be obscured or
unsafe driving conditions be created due to a buildup of sediment on public or
private travelways.
b. Temporary sediment storage. All land disturbing activities requiring a SEC
Plan shall provide for temporary sediment storage regardless of the intended
time of construction. In accordance with the Erosion and Sediment Control
Planning and Design Manual, the required sediment storage may be provided in
one (1) or multiple locations. As the project progresses towards completion, it
may become advantageous to provide smaller temporary storage measures in
more locations. For instance, while temporary sediment traps and basins may be
appropriate for clearing and grading operations early in a project, as storm sewer
systems are installed protection at individual inlets with storage upstream may be
more appropriate.
c. Use of permanent facilities for temporary storage. Where permanent storm
water management facilities are desired or required, their use for temporary
sediment storage is discouraged: Whenever possible, temporary sediment
storage should be captured by alternate measures in upstream areas or in
forebay, fringe, or approach areas outside of the permanent pool. All permanent
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CHAPTER 8. STORMWATER MANAGEMENT Page 4 of 31
storm water management facilities must be at final grade as shown on the
approved plans and in proper working order with stabilized slopes and
embankments prior to issuance of certificates of occupancy or compliance or
approval of subdivision final plats.
7. Drainage and earthwork on multiple lots.
a. Where drainage and/or earthwork including but not specifically limited to
construction of earthen berms, walls, retaining walls, fences, storm sewerage,
open channels or swales, etc. are proposed for placement on more than one (1)
lot of record, the following rules shall apply regardless of size of disturbance:
1) Plan requirement. Construction drawings showing proposed
improvements, proposed or existing easements, pertinent details, notes,
specifications, etc. shall be provided to the director of engineering for
review and approval a minimum of thirty (30) days prior to start of
construction. Copies of the approved construction plans must be available
on -site during any construction activities.
2) Easement requirement. All temporary and permanent easements
necessary for construction, access, inspections, and maintenance must
be recorded with the appropriate County and a copy of said easements
provided to the director of engineering. Copies of said easements must
also be provided to the contractor or contractors and be available for
viewing on -site during construction activities.
3) Maximum slopes for earthen berms. The maximum slope for all
earthen berms shall be dependent upon the soil types, intended
vegetation, and level of maintenance to be provided. However, in no case
shall non -reinforced or non -armored earthen structures be constructed
with slopes steeper than two horizontal to one vertical (2:1).
4) Minimum easement widths. Easement widths for open channels or
enclosed conduit systems shall be based on the minimum widths shown
on the current City of Rocky Mount Standard Detail drawings. Easement
widths for earthen berms must include the base width of the berm at the
widest point, a minimum of ten (10) feet for access and maintenance, and
additional width for drainage swales and/or piping, as necessary. For
example, given a four (4) foot high berm with four (4) foot top width and
2:1 side slopes, the minimum easement width would be calculated as
follows:
4'(height) x 2(slope) x 2(sides) + 4'(top) + 10'(access) = 30' Width
Similarly, for each addition one (1) foot of height, the easement width
must increase by four (4) feet.
5) Drainage provisions. Proposed earthwork and improvements shall
not deny access to downstream drainage for upstream properties nor
create unstable or damaging flows onto downstream properties by
redirecting, concentrating, or realigning storm water discharges. All
upstream drainage regardless of property ownership must be provided
positive drainage to an existing or proposed storm sewer system, storm
water management facility, or protected buffer or conservation area.
8. Posting of surety for incomplete work.
a. Prior to issuance of certificates of occupancy or compliance or approval of
subdivision final plats, all disturbed areas are to be stabilized. In instances where
a stand of vegetation sufficient to prevent erosion and retain sediment has not
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been achieved, a bond or surety must be posted for one hundred ten (110)
percent of the estimated cost to stabilize the site. Estimated costs shall be based
on current market prices for contracting the remaining work including incidental
costs such as preparation of contract documents, bidding, contractors
mobilization, etc. Previous quotes or unit pricing based on larger over-all
contracts shall not be accepted for bonding purposes.
b. Acceptable methods for posting .of a surety shall be a cash bond,
performance bond, or irrevocable letter of credit in accordance with subsection
2.a of section 1310 of this Code.
D. Mandatory standards for land -disturbing activity. No land -disturbing activity subject to the
control of this section shall be undertaken except in accordance with the following mandatory
standards:
1. Buffer zone.
a. Standard buffer. No land -disturbing activity during periods of construction or
improvement to land shall be permitted in proximity to a lake or natural
watercourse unless a buffer zone is provided along the margin of the
watercourse of sufficient width to confine visible siltation within the twenty-five
(25) percent of the buffer zone nearest the land -disturbing activity.
1) Projects on, over, or under water. This subdivision shall not apply to a
land -disturbing activity in connection with the construction of facilities to
be located on, over, or under a lake or natural watercourse.
2) Buffer measurement. Unless otherwise provided, the width of a buffer
zone is measured horizontally from the edge of the water to the nearest
ledge of the disturbed area, with the twenty-five (25) percent of the strip
nearer the land -disturbing activity containing natural or artificial means of
confining visible siltation:
b. Trout buffer. Waters that have been classified as trout waters by the
Environmental Management Commission (EMC) shall have an undisturbed buffer
zone twenty-five (25) feet wide or of sufficient width to confine visible siltation
within the twenty-five. (25) percent of the buffer zone nearest the land -disturbing
activity, whichever is greater. Provided, however, that the sediment control
commission may approve plans which include land -disturbing activity along trout
waters when the duration of said disturbance would be temporary and the extent
of said disturbance would be minimal.
1) Projects on, over, or under water. This subdivision shall not apply to a
land -disturbing activity in connection with the construction of facilities to
be located on, over, or under a lake or natural watercourse.
2) Trout buffer measurement. The twenty-five (25) foot minimum width
for an undisturbed buffer zone adjacent to designated trout waters shall
be measured horizontally from the top of the bank to the nearest edge of
the disturbed area.
3) Limit on land disturbance. Where a temporary and minimal
disturbance has been permitted as an exception to the trout buffer, land -
disturbing activities in the buffer zone adjacent to designated trout waters
shall be limited to a maximum of ten (10) percent of the total length of the
buffer zone within the tract to be distributed such that there is not more
than one hundred (100) linear feet of disturbance in each one thousand
(1,000) linear feet of buffer zone. Larger areas may be disturbed with the
written approval of the Director, NC Division of Land Resources.
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4) Limit on temperature fluctuations. No land -disturbing activity shall be
undertaken within a buffer zone adjacent to designated trout waters that
will cause adverse temperature fluctuations in these waters, as set forth
in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards."
2. Graded slopes and fills. The angle for graded slopes and fills shall be no greater
than the angle which can be retained by vegetative cover or other adequate erosion
control devices or structures. In any event, slopes left exposed will, within fifteen (15)
working days or thirty (30) calendar days of completion of any phase of grading,
whichever period is shorter, be planted or otherwise provided with ground cover,
devices, or structures sufficient to restrain erosion. The angle for graded slopes and fills
must be demonstrated to be stable. Stable is the condition where soil remains in its
original configuration, with or without mechanical constraints.
3. Fill material. Unless a permit from the N.C. Department of Environment and Natural
Resources Division of Solid Waste Management to operate a landfill is on file for the
official site, acceptable fill material shall be free of organic or other degradable materials,
masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials
which would cause the site to be regulated as a landfill by the State of North Carolina.
4. Ground cover. Whenever land -disturbing activity is undertaken on a tract comprising
more than one (1) acre, if more than one (1) acre is uncovered, the person conducting
the land -disturbing activity shall install erosion and sedimentation control devices and
practices 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, and shall plant or otherwise provide a permanent ground cover sufficient to
restrain erosion after completion of construction or development. Except as provided
otherwise in subsection K. of this section, provisions for a ground cover sufficient to
restrain erosion must be accomplished within fifteen (15) working days or ninety (90)
calendar days following completion of construction or development, whichever period is
shorter.
5. Prior plan approval. No person shall initiate any land -disturbing activity on a tract if
more than one (1) acre is to be uncovered unless, thirty (30) or more days prior to
initiating the activity, a SEC Plan for such activity is fled with and approved by the city.
The city shall forward to the director of the division of water quality a copy of each SEC
plan for a land -disturbing activity that involves the utilization of ditches for the purpose of
dewatering or lowering the water table of the tract.
E. Erosion and sedimentation control plans.
1. Plan submission. A SEC plan shall be prepared for all land -disturbing activities
subject to this section whenever the proposed activity is to be undertaken on a tract
comprising more than one (1) acre, if more than one (1) acre is to be uncovered. The
SEC Plan shall be filed with the city and a copy shall be simultaneously submitted to the
Edgecombe County or Nash County Soil and Water Conservation District as applicable,
at least thirty (30) days prior to the commencement of the proposed activity.
2. Financial responsibility and ownership. SEC plans may be disapproved unless
accompanied by an authorized statement of financial responsibility and ownership. This
statement shall be signed by the person financially responsible for the land -disturbing
activity or his attorney in fact. The statement shall include the mailing address and street
address of the principal place of business of (1) the person financially responsible, (2)
the owner of the land, and (3) any registered agents. If the person financially responsible
is not a resident of North Carolina, a North Carolina agent must be designated in the
statement for the purpose of receiving notice of compliance or non-compliance with the
SEC plan, the Sedimentation Pollution Control Act (SPCA), this section, or rules or
orders adopted or issued pursuant to this section.
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3. Environmental Policy Act document. Any SEC plan submitted for a land -disturbing
activity for which an environmental document is required by the North Carolina
Environmental Policy Act (N.C.G.S. § 113A-1, et seq.) shall be deemed incomplete until
a complete environmental document is available for review. The city shall promptly notify
the person submitting the SEC Plan that the thirty (30) day time limit for review of the
SEC Plan pursuant to this section shall not begin until a complete environmental
document is available for review.
4. Content. The SEC plan required by this section shall contain architectural and
engineering drawings, maps, assumptions, calculations, and narrative statements as
needed to adequately describe the proposed development of the tract and the measures
planned to comply with the requirements of this section. Plan content may vary to meet
the needs of specific site requirements. Detailed guidelines for SEC plan preparation
may be obtained from the city on request.
5. Soil and water conservation district comments. The Edgecombe County or Nash
County Soil and Water Conservation District as applicable shall review the plan and
submit any comments and recommendations to the city within twenty (20) days after the
soil and water conservation district received the SEC plan, or within any shorter period of
time as may be agreed upon by the soil and water conservation district and the city.
Failure of the soil and water conservation district to submit its comments and
recommendations within twenty (20) days or within any agreed -upon shorter period of
time shall not delay final action on the SEC plan.
6. Timeline for decisions on plans. The city will review each complete SEC plan
submitted .to them and within thirty (30) days of receipt thereof will notify the person
submitting the plan that it has been approved, approved with modifications, approved
with performance reservations, or disapproved. Failure to approve, approve with
modifications, approve with performance reservations, or disapprove a complete SEC
plan within thirty (30) days of receipt shall be deemed approval. The city will review each
revised SEC plan submitted to them and within fifteen (15) days of receipt thereof will
notify the person submitting the SEC plan that it has been approved, approved with
modifications, approved with performance reservations, or disapproved. Failure to
approve, approve with modifications, approve with performance reservations, or
disapprove a revised SEC plan within fifteen (15) days of receipt shall be deemed
approval.
7. Approval. The city shall only approve a plan upon determining that it complies with
all applicable state and local regulations for erosion and sedimentation control. Approval
assumes the applicant's compliance with -the federal and state water quality laws,
regulations, and rules. The city shall condition approval of SEC plans upon the
applicant's compliance with federal and state water quality laws, regulations and rules. A
permit issued under this article shall be valid for a period not to exceed two (2) years
from the date of the approval or the time required to complete the permitted project
including stabilization of all disturbed areas, which ever is less.
8. Disapproval for content. The city shall disapprove a SEC plan or draft SEC plan
based on its content. A disapproval based upon a SEC plan's content must specifically
state in writing the reasons for disapproval.
9. Other disapprovals. The city may disapprove a SEC plan or draft SEC plan where
implementation of the plan would result in a violation of the rules adopted by the EMC to
protect riparian buffers along surface waters, finding that an applicant, or a parent,
subsidiary, or other affiliate of the applicant:
a. Is conducting or has conducted land -disturbing activity without an approved
SEC plan, or has received notice of violation of"a SEC plan previously approved
by the commission or a local government pursuant to the SPCA and has not
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CHAPTER 8. STORMWATER MANAGEMENT Page 8 of 31
complied with the notice within the time specified in the notice;
b. Has failed to pay a civil penalty assessed pursuant to the SPCA or a local
ordinance adopted pursuant to the SPCA by the time the payment is due.
c. Has been convicted of a misdemeanor pursuant to N.C.G.S. 113A-64(b) or
any criminal provision of a local ordinance adopted pursuant to the SPCA or;
d. Has failed to substantially comply with state rules or local ordinances and
regulations adopted pursuant to the SPCA.
For purposes of this subsection (9) an applicant's record may be considered for
only the two (2) years prior to the application date. In the event that a SEC plan is
disapproved pursuant to this subsection, the city shall notify the director of the
division of land resources of such disapproval within ten (10) days. The city shall
advise the applicant and the director of the division of land resources in writing as
to the specific reasons that the SEC plan was disapproved.
10. Notice of activity initiation. No person may initiate a land -disturbing activity before
notifying the agency that issued the SEC plan approval of the date that land -disturbing
activity will begin.
11. Preconstruction conference. When deemed necessary by the approving authority, a
preconstruction conference may be required.
12. Display of plan approval. A SEC plan approval issued under this article shall be
prominently displayed until all construction is complete, all permanent sedimentation and
erosion control measures are installed and the site has been stabilized. A copy of the
approved SEC plan shall be kept on file at the job site.
13. Required revisions. After approving a SEC plan, if the city, either upon review of
such SEC plan or on inspection of the job site, determines that a significant risk of
accelerated erosion or off -site sedimentation exists, the city shall require a revised SEC
plan. Pending the preparation of the revised SEC plan, work shall cease or shall
continue under conditions outlined by the appropriate authority. If following
commencement of a land -disturbing activity pursuant to an approved SEC plan, the city
determines that the SEC plan is inadequate to meet the requirements of this section, the
city may require any revision of the SEC plan that is necessary to comply with this
section.
14. Amendment to plan. Applications for amendment of a SEC plan in written and/or
graphic form may be made at any time under the same conditions as the original
application. Until such time as said amendment is approved by the city, the land -
disturbing activity shall not proceed except in accordance with the SEC plan as originally
approved.
15. Failure to file a plan. Any person engaged in land -disturbing activity who fails to file
a SEC plan in accordance with this section, or who conducts a land -disturbing activity
except in accordance with provisions of an approved plan shall be deemed in violation of
this section.
F. Basic control objectives. A SEC plan may be disapproved if the plan fails to address the
following control objectives:
1. Identify critical areas. On -site areas which are subject to severe erosion and off -site
areas which are especially vulnerable to damage from erosion and/or sedimentation, are
to be identified and receive special attention.
2. Limit time of exposure. All land -disturbing activities are to be planned and conducted
to limit exposure to the shortest feasible time.
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3. Limit exposed areas. All land -disturbing activity is to be planned and conducted to
minimize the size of the area to be exposed at any one time.
4. 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.
5. Control sedimentation. All land -disturbing activity is to be planned and conducted so
as to prevent off -site sedimentation damage.
6. Manage stormwater runoff. When the increase in the velocity of storm water runoff
resulting from a land -disturbing activity is sufficient to cause accelerated erosion of the
receiving watercourse, a plan is to include measures to control the velocity to the point of
discharge so as to minimize accelerated erosion of the site and increased sedimentation
of the stream.
G. Design and performance standards.
1. Except as provided otherwise in this section erosion and sedimentation control
measures, structures and devices shall be so planned, designed and constructed to
provide protection from the calculated maximum peak rate of runoff from the ten (10)
year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil
Conservation Service's "National Engineering Field Manual for Conservation Practices",
or other acceptable calculation procedures.
2. HQW zones. In high quality water (HQW) zones the following design standards shall
apply:
a. Limit on uncovered area. Uncovered areas in HQW zones shall be limited at
any time to a maximum total area of twenty (20) acres within the boundaries of
the tract. Only the portion of the land -disturbing activity within a HQW zone shall
be governed by this section. Larger areas may be uncovered within the
boundaries of the tract with the written approval of the director, NC Division of
Land Resources.
b. Maximum peak rate of runoff protection. Erosion and sedimentation control
measures, structures, and devices within HQW zones shall be so planned,
designed and constructed to provide protection from the run off of the twenty-five
(25) year storm which produces the maximum peak rate of runoff as calculated
according to procedures in the United States Department of Agriculture Soil
Conservation Service's "National Engineering Field Manual for Conservation
Practices" or according to procedures adopted by any other agency of this state
or the United States or any generally recognized organization or association.
c. Settling efficiency. Sediment basins within HQW zones shall be designed
and constructed such that the basin will have a settling efficiency of at least
seventy (70} percent for the forty (40) micron (0.04 mm) size soil particle
transported into the basin by the runoff of that two (2) year storm which produces
the maximum peak rate of runoff as calculated according to procedures in the
United States Department of Agriculture Soil Conservation Service's "National
Engineering Field Manual for Conservation Practices" or according to procedures
adopted by any other, agency of this state or the United States or any generally
recognized organization or association.
d. Grade. Newly constructed open channels in HQW zones shall be designed
and constructed with side slopes no steeper than two (2) horizontal to one (1)
vertical (2:1) if a vegetative cover is used for stabilization unless soil conditions
permit a steeper slope or where the slopes are stabilized by using mechanical
devices, structural devices or other acceptable ditch liners. In any event, the
angle for side slopes shall be sufficient to restrain accelerated erosion.
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e. Ground cover. Ground cover sufficient to restrain erosion must be provided
for any portion of a land -disturbing activity in a HQW zone within fifteen (15)
working days or sixty (60) calendar days following completion of construction or
development, whichever period is shorter.
H. Storm water outlet protection.
1. Intent. Stream banks and 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.
2. Performance standard. Persons shall conduct land -disturbing activity so that the post
construction velocity of the 10-year storm runoff in the receiving watercourse to the
discharge point does not exceed the greater of:
a. The velocity established by the Table 8-1 of this section; or
b. The velocity of the 10-year storm runoff in the receiving watercourse prior to
development.
If conditions (1) or (2) of this paragraph cannot be met, then the receiving
watercourse to and including the discharge point shall be designed and
constructed to withstand the expected velocity anywhere the velocity exceeds the
"prior to development" velocity by ten (10) percent.
3. Acceptable management measures. Measures applied alone or in combination to
satisfy the intent of this section. are acceptable if there are' no objectionable secondary
consequences. The city recognizes that management of storm water runoff to minimize
or control downstream channel and bank erosion is a developing technology. Innovative
techniques and ideas will be considered and may be used when shown to have potential
to produce successful results. Some alternatives, while not exhaustive, are to:
a. Avoid increases in surface runoff volume and velocity by including measures
to promote infiltration to compensate for increased runoff from areas rendered
impervious;
b. Avoid increases in storm water discharge velocities by using vegetated or
roughened swales and waterways in place of closed drains and high velocity
paved sections;
c. Provide energy dissipaters at outlets of storm drainage facilities to reduce
flow velocities to the point of discharge;
d. Protect watercourses subject to accelerated erosion by improving cross
sections and/or providing erosion -resistant lining; and
e. Upgrade or replace the receiving device structure, or watercourse such that it
will receive and conduct the flow to a point where it is no longer subject to
degradation from the increased rate of flow or increased velocity.
4. Exceptions. This rule shall not apply where it can be demonstrated that storm water
discharge velocities will not create an erosion problem in the receiving watercourse.
5. Velocity. The following is a table for maximum permissible velocity for storm water
discharges:
Table 8-1.
Maximum Permissible Velocities
TABLE INSET:
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Material
F.P.S.
M.P.S.
Fine sand (non -colloidal)
2.5
0.8
Sandy loam (non -colloidal)
2.5
0.8
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 (non -colloidal)
5.0
1.5
Graded, silt to cobbles (colloidal)
5.5
1.7
Alluvial silts (non -colloidal)
3.5
1.1
Alluvial silts (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
Source: Adapted from recommendations by Special Committee on Irrigation Research,
American Society of Civil Engineers,; 1926, for channels with straight alignment. For
sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for
moderately sinuous channels, and by 0.8 for highly sinuous channels.
I. 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 provisions of the Mining Act of 1971, and waste areas for
surplus. materials other than landfills regulated by the department of environment and natural
resources, division of solid waste management shall be considered as part of the land -
disturbing activity 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 permit and/or disposing of the waste, these areas shall be considered a separate
land -disturbing activity.
J. 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 part of
such activity.
K. Operations in lakes or natural watercourses. Land -disturbing activity in connection with
construction in, on, over, or under a lake or natural watercourse shall minimize the extent and
duration of disruption of the stream channel. Where relocation of a stream forms an essential
part of the proposed activity, the relocation shall minimize changes in the stream flow
characteristics.
L. Responsibility for maintenance. During the 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 SEC plan or any provision of this
section, the SPCA, or any order adopted pursuant to this section or the SPCA. After site
development, the landowner or person in possession or control of the land shall install and/or
maintain all necessary permanent erosion and sediment control measures, except those
measures installed within a road or street right-of-way or easement accepted for maintenance
by a governmental agency.
M. Additional measures. Whenever the city determines that significant sedimentation is
occurring as a result of land -disturbing activity, 'despite application and maintenance of
protective practices, the person conducting the land -disturbing activity will be required to and
shall take additional protective action.
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N. Existing uncovered areas.
1. All uncovered areas existing on the effective date of this section which resulted from
land -disturbing activity, exceed one (1) acre, 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.
2. The city shall serve upon the landowner or other person in possession or control of
the land a written notice to comply with the SPCA, this section, a rule or order adopted
or issued pursuant to the SPCA by the SCC or by the city. The notice to comply shall be
sent by registered or certified mail, return receipt requested, or other means provided in
N.C.G.S. 1AA Rule 4. The notice will set forth the measures needed to comply and will
state the time within which such measures must be completed. In determining the
measures required and the time allowed for compliance, the authority serving notice
shall take into consideration the economic feasibility, technology, and quantity of work
required, and shall set reasonable and attainable time limits of compliance.
3. The city reserves the right to require preparation and approval of an SEC plan in any
instance where extensive control measures are required.
4. This rule shall not require ground cover on cleared land forming the future basin of a
planned reservoir.
O. Fees.
1. The.city may establish a fee schedule for the review and approval of erosion and
sedimentation control plans.
2. In establishing the fee schedule, the city shall consider the administrative and
personnel costs incurred for reviewing the plans and for related compliance activities.
3. Applicable fees for review and approval of SEC plans shall be reviewed and adopted
by city council and may be subject to periodic adjustments. Applicable fees shall be set
forth in Section X of the City's Administrative Policy Manual.
P. Plan appeals.
1. Except as provided herein, the appeal of a disapproval or approval with modifications
of a SEC plan shall be governed by the. following provisions:
a. The disapproval or modification of any proposed SEC plan by the city shall
entitle the person submitting the plan to a public hearing if such person submits
written demand for a hearing within fifteen (15) days after receipt of written notice
of disapproval or approval with modifications.
b. Hearings held pursuant to this section shall be conducted by the city within
ten (10) days after the date of the appeal or request for a hearing.
c. The agency conducting the hearings shall make recommendations to the city
council within ten (10) days of date of the hearing on any SEC plan.
d. The city council wilt render its final decision on any SEC plan upon which a
hearing is requested within thirty (30) days of receipt of the recommendations
from the agency conducting the hearings.
e, If the city upholds the disapproval or approval with modification of a proposed
SEC plan following the hearing, the person submitting the plan shall then be
entitled to appeal the local government's decision to the NC Sedimentation
Control Commission (SCC) as provided in N.C.G.S. § 113A-61(c) and Title 15A
NCAC 4B.0018(d).
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2. In the event that a SEC plan is disapproved pursuant to this section, the city shall
notify the director of the NC Division of Land Resources of such disapproval within ten
(10) days. The city shall advise the applicant and the director in writing as to the specific
reasons that the plan was disapproved. The applicant may appeal the city disapproval of
the plan pursuant to this section directly to the SCC.
Q. Inspections and investigations.
1. Inspection. Agents, officials, or other qualified persons authorized by the city will
periodically inspect land -disturbing activities to ensure compliance with the SPCA, this
section, or rules or orders adopted or issued pursuant to this section, and to determine
whether the measures required in the SEC plan are effective in controlling erosion and
sedimentation resulting from land -disturbing activity. Notice of the right to inspect shall
be included in the certificate of approval of each SEC plan.
2. Willful resistance, delay or obstruction. No person shall willfully resist, delay, or
obstruct an authorized representative, employee, or agent of the city while that person is
inspecting or attempting to inspect a land -disturbing activity under this section.
3. Notice of violation. If the city determines that a person engaged in land -disturbing
activity has failed to comply with the SPCA, this section, or rules, or orders adopted or
issued pursuant to this Section, a notice of violation shall be served upon that person.
The notice may be served by any means authorized under N.C.G.S. 1A-1, Rule 4. The
notice shall specify a date by which the person must comply with the SPCA, or this
section, or rules, or orders adopted pursuant to this section, and inform the person of the
actions that need to be taken to comply with the SPCA, this section, or rules or orders
adopted pursuant to this section. Any person who fails to comply within the time
specified is subject to the civil and criminal penalties for a continuing violation as
provided in N.C.G.S. § 113A-64 provided in this section.
4. Investigation. The city shall have the power to conduct such investigation as it may
reasonably deem necessary to, carry out its duties as prescribed in this section, and for
this purpose to enter at reasonable times upon any property, public or private, for the
purpose of investigating and inspecting the sites of any land -disturbing activity.
5. Statements of reports. The city shall also have the power to require written
statements, or filing of reports under oath, with respect to pertinent questions relating to
land -disturbing activity.
R. Penalties.
1. Civil penalties.
a. Civil penalty for a violation. Any person who violates any of the provisions of
this section, or rules or orders adopted or issued pursuant to this section, or who
initiates or continues a land -disturbing activity for which a SEC plan is required
except in accordance with the terms, conditions, and provisions of an approved
SEC plan, is subject to a civil penalty. The maximum civil penalty amount that the
city may assess per violation is five thousand dollars ($5,000.00). A civil penalty
may be assessed from the date of the violation. Each day of a continuing
violation shall constitute a separate violation.
b. , Civil penalty assessment factors. The director of engineering or designee of
the city shall determine the amount of the civil penalty based upon the following
factors:
1) The degree and extent of harm caused by the violation;
2) The cost of rectifying the damage;
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3) The amount of money the violator saved by noncompliance;
4) Whether the violation was committed willfully; and
5) The prior record of the violator in complying or failing to comply with
this section.
c. Notice of Civil Penalty Assessment. The Director of Engineering or designee
of the City shall provide notice of the civil penalty amount and basis for
assessment to the person assessed. The notice of assessment shall be served
by any means authorized under N.C.G.S. 1A-1, Rule 4, and shall direct the
violator to either pay the assessment or contest the assessment, within thirty (30)
days after receipt of the notice of assessment, by written demand for a hearing.
d. Nearing. A hearing on a civil penalty shall be conducted by the city manager
within thirty (30) days after the date of the written demand for the hearing. The
city manager shall make a recommendation to the city council concerning the
appeal within fifteen (15) days after the date of the hearing.
e. Final decision. The city manager's recommendation will be forwarded to the
city council, and the city council shall render its final decision on the civil penalty
within fifteen (15) days of the receipt of the recommendation.
f. Appeal of final decision. Appeal from the final decision of the city council shall
be to the Superior Court of the County where the violation occurred, or the
location of the violator's residence or principal place of business.
g. Collection. If payment is not received within thirty (30) days after it is due, the
city may institute a civil action to recovery of the amount of the assessment. The
civil action may be brought in the Superior Court of the County where the
violation occurred, or the violator's residence or principal place of business is
located. Such civil actions must be filed within three (3) years of the date the
assessment was due, An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested
is due at the conclusion of the administrative and judicial review of the
assessment.
h. Credit of civil penalties. Civil penalties collected pursuant to this section shall
be credited to the civil penalty and forfeiture fund.
2. Criminal penalties. Any person who knowingly or willfully violates any provision of
this section, or rule or order adopted or issued pursuant to this section, or who knowingly
or willfully initiates or continues a land -disturbing activity for which a SEC plan is
required except in accordance with the terms, conditions, and provisions of an approved
SEC plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed five thousand dollars ($5,000.00) as provided in N.C.G.S. § 113A-64.
S. Injunctive relief.
1. Violation of local program. Whenever the city council has reasonable cause to
believe that any person is violating or threatening to violate this section or any rule or
order adopted or issued pursuant to this section, or any term, condition, or provision of
an approved SEC plan, it may, either before or after the institution of any other action or
proceeding authorized by this section, institute a civil action in the name of the city for
injunctive relief to restrain the violation or threatened violation. The action shall be
brought in the Superior Court of the County in which the violation is occurring or is
threatened.
2. Abatement of violation. Upon determination by a court that an alleged violation is
occurring or is threatened, the court shall enter any order or judgment that is necessary
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to abate the violation, to ensure that restoration is performed, or to prevent the
threatened violation. The institution of an action for injunctive relief under this section
shall not relieve any party to the proceedings from any civil or criminal penalty
prescribed for violations of this section.
T. Removal of temporary measures. All temporary erosion and sediment control measures
shall be removed within thirty (30) days after final site stabilization is achieved or after
temporary measures are no longer needed. Areas containing or receiving trapped sediment
shall be approved upland areas, shall be fine graded to receive vegetation and amendments,
and shall be permanently stabilized.
U. Restoration of areas affected by failure to comply. The city may require a person who
engaged in a land -disturbing activity and failed to retain sediment generated by the activity, as
required by N.C.G.S. § 113A-57(3), to restore the waters and land affected by the failure so as
to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in
addition to any other civil or criminal penalty or injunctive relief authorized under this section.
(Ord. No. 0-2004-65, § 2, 8-9-04; Ord. No. 0-2005-34A, § 2, 5-9-05)
Sec. 802. Tar -Pamlico stormwater nutrient management requirements.
The Legislature of the State of North Carolina has designated specific local governments in the
Tar -Pamlico River Basin and has required them to develop a stormwater management program in
conformance with 15A NCAC 2B.0258, Tar -Pamlico River Basin -Nutrient Sensitive Waters
Management Strategy. This section is adopted pursuant to the authority contained in Article 19 of
Chapter 160A, planning and development and the requirements of 15A NCAC 2B.0258. Any
modifications to this section are subject to the approval by the NC Division of Water Quality (DWQ).
A. Applicability.
1. The provisions of this section shall apply within the corporate limits of the City
of Rocky Mount and the ETJ, as defined in section 205 of this LDC.
2. All land development activity meeting the criteria listed below must comply
with the requirements of this section.
a. Any activity that disturbs greater than one acre of land to establish,
expand, or replace a single family or duplex residential development or
recreational facility. For individual single family residential lots of record
that are not part of a larger common plan of development or sale, the
activity must also result in greater than ten percent built -upon area.
b. Any activity that disturbs more than one-half ( 112) acre of land in
order to establish, expand or modify a multi -family residential
development or a commercial, industrial, institutional or any other non-
residential. facility.
B. Exceptions.
1. Projects meeting the criteria listed in 802.A.2.a., b. that replace or expand
existing structures or improvements and that do not result in a net increase in
built -upon area are not required to comply with the provisions of this section.
2. Projects meeting the criteria listed in 802.A.2.a., b. that are located within an
area that the city council has designated as a redevelopment area will not be
required to achieve nutrient reductions provided the city has a specific
redevelopment strategy in place for the area that addresses the following:
a. The redevelopment area is a historic community center, traditional
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central business district, historical district, educational center or other
existing developed area specifically designated by the city council.
b. The city has an established strategy for reinvestment in the area as
appropriate including one or more of the following:
1) A "fix it first" policy that reserves public funds for repair of
existing infrastructure in these areas before investing in new
infrastructure of the same type in new growth areas.
2) Mixed use/mixed density zoning provisions.
3) Retrofits that are consistent with NC DOT definition for
pedestrian scale in traditional neighborhood developments.
4) Parking maximums or shared parking ratios.
5) Residential density bonuses where parking maximums,
pedestrian scale, or "fix it first" are considered.
6) The redevelopment plan is conducive to the goals of the Tar
Pamlico Nutrient Management Strategy.
3. Projects that replace or expand existing structures or improvements resulting in a net
increase in built upon area shall achieve a thirty (30) percent' reduction in nitrogen
loading and no increase in phosphorus loading relative to the previous development.
Such projects may achieve these loads through onsite or offsite measures or some
combination thereof.
4. Phased residential or commercial projects with multiple lots that propose shared
stormwater facilities may be permitted as "on -site" facilities not subject to the
pretreatment limitations defined section 802E. of this LDC, provided the shared facility is
designed and constructed to meet the nutrient reduction and attenuation requirements
for the entire project.
C. Exemptions. Agriculture, mining or forestry activities are not subject to the new
development requirements of this section.
D. Establishment and protection of riparian buffers.
1. New developments meeting the criteria listed in section 802 A, must protect areas
adjacent to intermittent and perennial streams in accordance with the Tar Pamlico
Riparian Buffer Rule. A fifty (50) foot wide riparian buffer is established on all sides of
intermittent and perennial streams, ponds, and lakes shown on the most recent version
of either a Natural Resources Conservation Service Soil Survey of Nash County, Soil
Survey of Edgecombe County, or a 1:24,000 scale (7.5 minute quadrangle) topographic
map prepared by the U. S. Geological Survey (USGS). Tar Pamlico riparian buffers must
be shown on all development plans, preliminary plats and final plats that contain land
area within fifty (50) feet of an intermittent or perennial stream. If the plan or plat shows
an encroachment into the riparian buffer, approval from the DWQ must accompany the
submittal. The city will not approve new development plans that include land area within
fifty (50) feet of the banks of a regulated water body except where one of the following
conditions apply:
a. The development plan does not propose to impact the riparian buffer or,
b. The property owner has received approval from the Division of Water Quality
(DWQ) of the North Carolina Department of Environment and Natural Resources.
Approval by the DWQ may be in the form of the following:
1) An on -site determination by the DWQ in writing that regulated surface
waters are not present on the site.
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2) A permit for the proposed construction activity.
3) An authorization certificate and approval on a mitigation plan for a use
designated as allowable with mitigation.
4) A variance from DWQ and/or the Environmental Management
Commission,
E. Nutrient reduction requirements.
1. Nitrogen and phosphorus export standards:
a. All new development meeting the criteria listed in 802A. must limit
nitrogen export to 4.0 pounds per acre per year (Ibs/ac/yr) and
phosphorus export to 0.4 pounds per acre per year (Ibs/ac/yr) through
some combination of the following:
1) Construction of allowable onsite or offsite stormwater
management facilities. Use of offsite facilities is subject to the
provisions of 802F.--G.
2) Participation in an approved "regional" or "jurisdiction -wide"
facility or strategy.
3) Dedication of "open space" and/or "conservation" easements.
Easements may be onsite or offsite subject to the provisions listed
in section 802F.--G. and section 804 of this LDC. Offsite land
conservation offsets that drain to the same classified water as the
new development and meet the criteria specified in 802H.2.b. may
be approved by the stormwater manager or designee.
4) Pay a one-time offset payment to the North Carolina
Ecosystem Enhancement Program's Riparian Buffer Restoration
Fund using the applicable nitrogen and phosphorous offset
payment calculations specified in the Nutrient Offset Payments
Rule (15A NCAC 02B.0240). Use of offset payment option is
subject to the provisions of 802G.
2. Calculation of nitrogen and phosphorus export and removal efficiencies,
a. The nitrogen and phosphorus export from all new development meeting the
criteria listed in 803.A must be calculated in pounds per acre per year (lb/ac/yr).
The export values for various types of land use, BMP removal efficiencies and
the methodologies to be used in calculating the nitrogen and phosphorus export
from the development are specified in the "City of Rocky Mount Standard
Specifications and Design Manual" and/or the "Tar -Pamlico River Basin:
Stormwater Program for Nutrient Control." These standards and all revisions
thereto are hereby adopted by reference.
3. Allowable best management practices for nitrogen and phosphorus reduction.
a. All stormwater management and/or BMP facilities must designed in
accordance with section 804 of this LDC.
b. Allowable BMPs for nitrogen and/or phosphorus reduction may include but
are not limited to the following:,
1) Wet detention ponds
2) Constructed wetlands
3) Restored riparian buffers
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4) Grass swales
5) Vegetative filter strips with level spreaders
6) Bioretention
7) Sand filters
8) Proprietary BMP or other BMPs (subject to approval by the
stormwater manager and DWQ)
c. Specific use of any particular device or strategy is subject to the approval by
stormwater manager.
F. Peak runoff control.
1. No net increase in peak stormwater runoff. New development shall not result in an
increase in peak stormwater runoff flow leaving the site from the pre -development
conditions for the one-year 24-hour, ten-year 24-hour and the 25-year 24-hour storm
events.
2. Calculation methods. Calculation methods shall be in accordance with the standards
specified in section 804 of this LDC.
3. Exceptions to the peak flow requirement. Peak flow control is not required for new
developments that meet one or more of the following requirements:
a. The overall impervious surface area is less than fifteen (15) percent of the
total site and the remaining pervious portions of the site are utilized to the
maximum extent practical to convey and control the stormwater runoff, or;
b. The increase in peak flow between the pre -development and post -
development conditions does not exceed ten (10) percent, or;
c. The director of engineering makes a determination that stormwater detention
at this particular location will increase flooding, accelerate erosion or negatively
impact existing drainage problems in the area. In such cases, an alternate
method of peak attenuation management may be required.
G. Offsite partial offset option. In accordance with the North Carolina Environmental
Management Commission and its amended Nutrient Offset Payments Rule (15A NCAC
02B.0240), developers of residential, commercial, and industrial projects may partially offset
their nitrogen and phosphorous loads under the following conditions:
1. Except where the project is participating in an approved regional or jurisdiction -wide
strategy, as defined in section 802 H, in order for a project to use the offsite partial offset
option or the offset payment option, the development plan must first reduce nitrogen
export from the site as follows.
a. Single-family or duplex residential meeting the criteria in 802 A.2.a must limit
nitrogen export to no more than six (6) lb. Nlaclyr,
b. Development meeting the criteria in 802 A.2.b. must limit nitrogen export to
10 lb Nlaclyr.
2. If the computed nitrogen export is greater than 4.0 Ibslaclyr but less than 6.0 (or
10.0) Ibslaclyr, then the balance of the nitrogen reduction, to four (4) lblac/yr and
phosphorus reduction to 0.4 lblaclyr, may be achieved through one or both of the
following options:
a. Payment of a one-time offset payment to the North Carolina Ecosystem
Enhancement Program's Riparian Buffer Restoration Fund using the applicable
nitrogen and phosphorous offset payment calculations specified in the Nutrient
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Offset Payments Rule (15A NCAC 02B.0240). The procedure for calculating
nutrient offset payments and processing these payments will be as follows:
1) The formula to calculate nutrient offset payments will be adjusted by
NC EEP on an annual basis (January of each year) based upon the
construction cost index factor published every December in the
Engineering News Record.
2) In cases where reductions are needed for both nitrogen and
phosphorous and the offset option is sought, only the greater value of the
two (2) offset payments calculated is required to satisfy the offset
reductions for both limits.
3) The City of Rocky Mount shall determine or verify correct offset
payment -amount required and shall issue an approval letter to NC EEP
and the developer. The approval letter shall include the project name and
location including river basin, the offset payment calculations, and the
amount of the offset payment.
4) Prior to the City of Rocky Mount issuing a permit, the developer shall
provide receipt from NC EEP.
b. Provide treatment of an offsite-developed area through construction of an
approved BMP or conversion of an existing developed area to protected wooded
pervious area. To qualify, the off -site area or facility must meet the following
conditions:
1) The offsite area and/or facility must drain to the same classified
surface water as the new development, as defined in the schedule of
Classifications, 15A NCAC 2B .0316 and listed in ' Table 8-2 of this
chapter, or be a part of a jurisdiction -wide facility or approach approved
by DWQ as defined in section 802H of this LDC.
2) The offsite facility may be used to address only the nutrient
requirements, except where the development proposal provides
supporting calculations, approved by the stormwater manager or
designee, that demonstrate that meeting some or all attenuation
requirements offsite will not result in degradation of the classified surface
waters to which the new development site discharges.
3) The off -site stormwater management and/or BMP facility may serve
multiple projects provided the facility is appropriately sized and has a
tracking system approved by the stormwater manager or designee to
allocate nutrient removal and flow attenuation to the participating
development sites.
4) The development owner and the owner of the offsite facility, if
different from the development owner, must provide a recorded
enforceable agreement stating that offsite facilities are dedicated to
achieving the specified nutrient and flow reductions for the life of the new
development. The responsibility for maintaining these reductions as well
as the provisions of any easements and operation and maintenance
agreements required in accordance with section 804 of this LDC shall run
with the land and be binding upon subsequent owners of both the
development project and the offsite facility.
5) Operation and maintenance plans and easements must be provided
for all onsite and offsite facilities in accordance with the provisions of
section 804 of this LDC.
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Table 8-2:
Tar River Basin Classified
Surface Waters
TABLE INSET:
Receiving Stream
Name
Stream Segment
Water Quality
Classification
Tar River
4,000' upstream of reservoir dam to dam
WS-IV, NSW, CA, (28-
64)
Tar River
Reservoir dam to Maple Creek
WS-IV, NSW (28-64.5)
Grape Branch
Source to Tar River
WS-IV, NSW (28-65)
Maple Creek
Source to Tar River
WS-IV, NSW (28-66)
Tar River
Maple Creek to 100' downstream of old
CRM intake of HWY 64
WS-IV, NSW (28-66.5)
Tar River
CRM intake to RM Mills Dam
B, NSW (28-67)
Stoney Creek
Source to Tar River
C, NSW (28-68)
Tar River
RM Mills Dam to 0.9 mi downstream Buck
Swamp
WS-IV, NSW (28-69)
Goose Branch
Source to Tar River
C, NSW (28-70)
Cowlick Branch
Source to Tar River
C, NSW (28-71)
Compass Creek
Source to Tar River
C, NSW (28-72)
Hornbeam Branch
Source to Compass Creek
C, NSW (28-72-1)
Gay branch (Indian
Branch)
Source to Tar River
C, NSW (28-72.5)
Buck Swamp
Source to Tar River
C, NSW (28-73)
Beech Branch
Source to Hwy 301
B, NSW (28-75-(1))
Beech Branch
Hwy 301 to Falling Run
C, NSW (28-75-(2))
Little Cokey Swamp
Source to Cokey Swamp
C, NSW (28-83-3-1)
H. Regional and jurisdiction -wide facilities and strategies. The Tar -Pamlico stormwater rule
provides the option for local governments to develop regional or jurisdiction -wide stormwater
facilities and/or approaches as an alternative means for addressing nutrient or flow control
requirements. Regional or jurisdiction -wide approaches will be undertaken by the city on a
project -by -project basis and will be incorporated into the city's comprehensive stormwater
management program as they are developed and approved by DWQ.
1. Regional facilities.
a. Regional facility within the context of this section means a stormwater
management facility or approach that provides a portion of the nutrient and/or
flow control requirements for multiple developments in a specified area within the
city's jurisdiction. Examples of regional facilities may include but are not limited to
wet detention ponds or constructed wetlands.
b. Regional facilities may be publicly or privately owned and operated, but must
be approved by DWQ if the facility is proposed to serve more than one classified
stormwater basin.
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2. Jurisdiction -wide approach.
a. Jurisdiction -wide approach within the context of this section means a nutrient -
reducing management measure or strategy implemented under the authority of
the city and approved by DWQ to offset nutrient and/or flow increases throughout
the jurisdiction. Examples of nutrient reducing measures may include, but are not
limited to, conventional stormwater facilities, constructed wetlands, or land
conservation.
b. Land conservation offsets are an available option provided the following
criteria are met:
1) The conserved land must achieve the net nutrient reductions not
achieved by the new development that conservation is credited with
offsetting.
2) Proposals must quantify the reductions including identification of any
actions to be taken to achieve nutrient reductions. Examples include:
(a) Removal of existing impervious area
(b) Reforestation of managed open space such as agricultural
land, cleared or vacant lots.
(c) Restoration of the buffering functions of land adjacent to
existing or new development, e.g. converting pipe or ditch flow to
dispersed sheet flow through forested land.
3) The conserved land should be no further from the estuary than
the new development and within the same jurisdiction except
where there is an interlocal agreement that provides for
development and offsetting conservation in different jurisdictions.
The agreement shall provide assurance of enforceability between
jurisdictions, as well as cross -jurisdictional tracking and monitoring
procedures.
4) There must be adequate protection to ensure that the
conserved lands will not be credited to other new developments.
5) Lands whose nutrient removal functions are established and
protected through other regulatory programs, such as wetlands
and riparian buffers, would not be eligible for conservation credit.
6) Conserved land may be used to offset flow attenuation
requirements if adequate measures are provided to ensure diffuse
flow and no hydrologic degradation of the conserved features or
surface waters.
7) Conserved land must be secured in a recorded permanent
conservation easement or equivalent legal mechanism with
provisions to prohibit both farming and unapproved logging
practices.
c. Stormwater management facilities must provide the following information to
gain DWQ approval as a regional or jurisdiction -wide system:
1) Land uses in the contributing area.
2) Type of facility.
3) Expected nitrogen and phosphorus removal efficiency and peak
shaving capacity.
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4) Worst -case percent impervious of the contributing area at build out.
5) Assumptions for on -lot treatment and attenuation.
6) Calculations of nitrogen and phosphorus reduction needed,
demonstration that facility meets needs.
7) Process for tracking expenditure of treatment and attenuation
capacity.
8) Easement, restricting land use to protect stormwater management
facility and containing adequate access for maintenance where such an
instrument would be appropriate.
9) An agreement that demonstrates that (a) the developer, (b) a local
government, or (c) a private for -profit or non-profit company will operate
and maintain the facilities.
10) Maintenance guarantees in conformance with the provisions of
section 804. If facility is not owned or operated by the city.
I. Vested rights. Projects such as landfills, NPDES wastewater discharges, and road
construction that have obtained valid state permits prior to August 13, 2004 and projects that
can demonstrate that they have vested rights in accordance with chapter 12 of this LDC as of
August 13, 2004 will not be required to comply with the requirements of this section for the time
periods specified by this LDC except that all vested rights granted by this provision shall expire
five (5) years from the date that local or state approval of the project was granted.
(Ord. No. 0-2004-65, § 2, 8-9-04; Ord. No. 0-2006-39, §§ 2a.-J., 6-12-06)
Sec. 803. Water supply watershed protection regulations.
This section is adopted pursuant to the authority contained in Article 19 of Chapter 160A,
Planning and Development, and N.C.G.S. Chapter 143, Section 214.5, Water Supply Watershed
Protection. The provisions of this section shall apply within the areas designated as a public water
supply watershed by the North Carolina Environmental Management Commission and shall be defined
and established on the map entitled, "Watershed Protection Map of Rocky Mount, North Carolina" ("the
watershed map"), which is adopted simultaneously herewith. The watershed map and all explanatory
matter contained thereon accompanies and is hereby made a part of this LDC. The provisions of this
section shall amend any and all LDC, resolutions or regulations of the city which are in conflict with or
may be construed to impair or reduce the effectiveness of the city's watershed regulations.
A. Watersheds general.
1. The provisions of this LDC relating to watershed protection are adopted
pursuant to the authority contained in N.C.G.S. Article 19 of Chapter 160A,
Planning and Development, and N.C.G.S. Chapter 143, Section 214.5, Water
Supply Watershed Protection. The provisions of this section shall apply within the
areas designated as a public water supply watershed by the North Carolina
Environmental Management Commission and shall be defined and established
on the map entitled, "Watershed Protection Map of Rocky Mount, North
Carolina" ("the watershed map"), which is adopted simultaneously herewith. The
watershed map and all explanatory matter contained thereon accompanies and
is hereby made a part of this LDC. In addition, so long as the only watershed
areas in the city's jurisdiction are WS-IV-CA and WS-IV-PA, only activities that
require a sedimentation and erosion control plan for the proposed development
pursuant to the sedimentation and erosion control section of the LDC or State
erosion/sedimentation law are required to meet the provisions of this section.
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2. Existing development, as defined in this LDC, is not subject to the
requirements of this section. Expansions to structures classified as existing
development must meet the requirements of this section, however, the built -upon
area of the existing development is not required to be included in the density
calculations.
3. A pre-existing lot owned by an individual prior to the effective date of this
section, regardless of whether or not a vested right has been established, may
be developed by such individual owner or any subsequent owner for single-family
residential purposes without being subject to the restrictions of this section.
B. Standards and required improvements.
1. All lots shall provide adequate building space in accordance with the
development standards contained in this LDC. Lots which are smaller than the
minimum required for residential lots shall be identified on the plat as, "not for
residential purposes."
2. For the purpose. of calculating built -upon area, total project area shall include
total acreage in the tract on which the project is to be developed.
3. Where possible, roads should be located outside of critical areas and
watershed buffer areas. Roads constructed within these areas shall be designed
and constructed so to minimize their impact on water quality.
C. Exceptions.
1. Existing development, as defined in this section, is not subject to the
requirements of this section.
2. A pre-existing lot owned by an individual prior to the effective date of this
section, regardless of whether or not a vested right has been established, may
be developed by such individual owner or any subsequent owner for single-family
residential purposes without being subject to the restrictions of this section.
D. Establishment of watershed areas.
1. For the purposes of this section the city and its extraterritorial jurisdiction is
hereby -divided into the following areas as delineated on the watershed map:
a. WS-IV-CA (critical area)
b. WS-IV-PA (protected area)
E. Watershed areas described.
1. WS-IV watershed areas --Critical area (WS-IV-CA). Only new development
activities that require a sedimentation and erosion control plan under the city's
sedimentation and erosion control LDC or state erosion/sedimentation law are
required to meet the provisions of this section In order to address a medium to
high land use intensity pattern, single-family residential uses are allowed at a
maximum of two (2) dwelling units per acre. All other residential and
nonresidential development shall be allowed twenty-four (24) percent built -upon
area. New sludge application sites and landfills are specifically prohibited.
a. Permitted uses.
1) Agriculture subject to the provisions of the Food Security Act
of 1985 and the Food, Agriculture, Conservation and Trade Act of
1990. Agricultural activities conducted after January 1, 1993 shall
maintain a minimum ten -foot vegetative buffer, or equivalent
control as determined by the soil and water conservation
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commission, along all perennial waters indicated on the most
recent versions of U.S.G.S 1:24,000 (7.5 minutes) scale
topographic maps or as determined by the director of engineering.
Animal operations greater than one hundred (100) animal units
shall employ best management practices by July 1, 1994 as
recommended by the soil and water conservation commission.
2) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101.0209).
3) Residential development.
4) Nonresidential development, excluding:
(a) The storage of toxic and hazardous material unless a
spill containment plan is implemented;
(b) Landfills; and
(c) Sites for land application of sludge/residuals or
petroleum contaminated soils.
b. Low density and built -upon limits.
1) Single-family residential development shall not exceed two (2)
dwelling units per acre on a project -by -project basis.
2) All other residential and nonresidential development shall not
exceed twenty-four (24) percent built -upon area on a project -by -
project basis. For the purpose of calculating the built -upon area,
total project area shall include total acreage in the tract on which
the project is to be developed.
c. High density and built -upon limits. High density and built -upon limits
are permitted in this watershed area pursuant to the provisions of chapter
8 of this LDC.
2. WS-IV watershed areas --Protected area (WS-IV-PA). Only new development
activities that require a sedimentation and erosion control plan under the city's
sedimentation and erosion control LDC or state erosion/sedimentation law are
required to meet the provisions of this LDC. In order to address a medium to high
land use intensity pattern, residential and nonresidential uses are permitted in
this watershed area, subject to the requirements of this LDC, including the
following:
a. Uses permitted.
1) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agriculture, Conservation and Trade Act of
1990.
2) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
3) Residential development.
4) Nonresidential development, excluding the storage of toxic
and hazardous material unless a spill containment plan is
implemented.
b. Low density and built -upon limits.
1) Single-family residential development shall not exceed two (2)
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dwelling units per acre or twenty-four (24) percent built -upon area,
on a project -by -project basis. For projects without a curb and
gutter street system, development shall not exceed three (3)
dwelling units per acre or thirty-six (36) percent built -upon area, on
a project -by -project basis.
2) All other residential and nonresidential development shall not
exceed twenty-four (24) percent built -upon area, on a project -by -
project basis. For projects without a curb and gutter street system,
development shall not exceed thirty-six (36) percent built -upon
area, on a project -by -project basis.
3) For the purpose of calculating built -upon area, total project
area shall include total acreage in the tract on which the project is
to be developed.
c. High density and built -upon limits. High density and built -upon limits
are permitted in this watershed area pursuant to the provisions of chapter
8 of this LDC.
F. Development in watershed areas. Clustering of development is allowed in all
watershed areas under the following conditions:
1. Minimum lot sizes are not applicable to single-family cluster development
projects; however, the total number of lots shall not exceed the number of lots
allowed for single-family detached developments in chapter 8 of this LDC. Built -
upon area or stormwater control requirements of the project shall not exceed that
allowed for the critical area or protected area, whichever applies.
2. All built -upon areas shall be designed and located to minimize stormwater
run-off impact to the receiving waters and minimize concentrated stormwater
flow.
3. The remainder of the tract shall remain in a vegetated or natural state. Where
the development has an incorporated property owners association, the title of the
open space area shall be conveyed to the association for management. Where a
property association is not incorporated, a maintenance agreement shall be filed
in the appropriate county.
G. Buffer areas required.
1. A minimum one hundred (100) foot vegetative buffer is required for all new
development activities that exceed the low density option; otherwise, a minimum
thirty (30) foot vegetative buffer for development activities is required along all
perennial waters indicated on the most recent versions of U.S.G.S 1:24,000 (7.5
minute) scale topographic maps or as determined by the director of engineering.
Desirable artificial stream bank or shoreline stabilization is permitted.
2. No new development is allowed in the buffer except for water development
structures and publicprojects such as road crossings and greenways where .no
practical alternative exists. These activities should minimize built -upon surface
area, direct runoff away from the surface waters and maximize the utilization of
stormwater best management practices.
H. Rules interpretation of watershed boundaries. Where it is believed that the majority
of an existing or proposed lot in its natural, undisturbed, predevelopment state actually
drains outside of the watershed (as indicated on the official watershed map), a
topographic survey prepared by a registered land surveyor may be submitted to the
director of the department of planning and development as evidence that the lot should
be excluded from the official watershed area boundaries. Where uncertainty exists as to
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the boundaries of the watershed area, as shown on the watershed map, the following
rules shall apply:
1. Where area boundaries are indicated as approximately following either street,
alley, railroad or highway lines or centerlines thereof, such lines shall be
construed to be said boundaries.
2. Where area boundaries are indicated as approximately following lot lines,
such lot lines shall be construed to be said boundaries. However, a surveyed plat
prepared by a registered land surveyor may be submitted to the director as
evidence that one (1) or more properties along these boundaries do not lie within
the watershed area.
3. Where the watershed area boundaries lie at a scaled distance more than
twenty-five (25) feet from any parallel lot line, the location of watershed area
boundaries shall be determined by use of the scale appearing on the watershed
map.
4. Where the watershed area boundaries lie at a scaled distance of twenty-five
(25) feet or less form any parallel lot line, the location of watershed area
boundaries shall be construed to be the lot line.
5. Where other uncertainty exists, the planning director shall interpret the
watershed map as to location of such boundaries. This decision may be
appealed to the board of adjustment.
I. Existing developments. Any existing development as defined in this section, may be
continued and maintained subject to the conditions provided herein. Expansions to
structures classified as existing development must meet the requirements of this section,
however, the built -upon area of the existing development is not required to be included
in the density calculations.
J. Compliance prior to issuance of permits.
1. Except where a single-family residence is constructed on a lot of record prior
to the effective date of this section, no building or built -upon area shall be
erected, moved, enlarged or structurally altered, nor shall any building permit be
issued nor shall any change in the use of any building or land be made until the
provisions of this section have been complied with.
2. No building or structure which has been erected, moved or structurally
altered may be occupied nor shall a certificate of occupancy/compliance be
issued until the provisions of this section have been complied with.
K. High density development.
1. The planning board may approve high density development proposed
consistent with the following standards:
a. WS-IV watershed areas --Critical area (WS-IV-CA). Where new
development exceeds either two (2) dwelling units per acre or twenty-four
(24) percent built -upon area, engineered stormwater controls shall be
used to control runoff from the first inch of rainfall and development shall
not exceed fifty (50) percent built -upon area.
b. WS-IV watershed areas --Protected areas (WS-IV-PA). Where new
development requires a sedimentation and erosion control plan and
exceeds either two (2) dwelling units per acre or twenty-four (24) percent
built -upon area, or three (3) dwelling units per acre or thirty-six (36)
percent built -upon area for projects without curb and gutter street system,
engineered stormwater controls shall be used to control runoff from the
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first inch of rainfall and development shall not exceed seventy (70)
percent built -upon area.
c. The engineered stormwater management and/or BMP facilities shall
be designed and constructed in accordance with the criteria listed in
section 804 of this LDC.
2. High density development shall meet the requirements of this LDC and the
provisions of the LDC relating to watershed protection.
(Ord. No. 0-2004-65, § 2, 8-9-04; Ord. No. 0-2005-34B, § 1(Att. A), 5-9-05)
Sec. 804. Design, construction and maintenance of stormwater management and/or
BMP facilities.
A. Stormwater management facility design.
1. All stormwater management and/or best management practices (BMP) facilities 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 N.C.G.S. 89A allows,
and land surveyors, to the extent that the design represents incidental drainage within a
subdivision, as provided in N.C.G.S. 89C-3(7),
2. The standards used for the design and construction of all stormwater management
and/or BMP facilities shall be in accordance with the "City of Rocky Mount Standard
Specifications and Design Manual," latest edition and "The North Carolina Department of
Environment and Natural Resources, Division of Water Quality, Water Quality Section,
Stormwater Best Management Practices Manual," 1999. These standards and all
amendments thereto and are hereby adopted by reference.
3. Stormwater management facilities for nutrient reduction and water quality, may
consist of one (1) treatment option or a combination of treatment options so long as the
following conditions are met:
a. Eighty-five (85) percent average annual removal of total suspended solids,
and;
b. Facility shall be designed in accordance with the provisions of 804 Al -2 and
to meet the nutrient reduction requirements of section 802, and
c. The discharge rate shall meet the following criteria:
1) The discharge rate for constructed wetlands, wet detention basins
bioretention areas and other extended detention facilities following the
one -inch design storm shall be such that the runoff draws down to the
pre -storm design stage within five (5) days, but not less than two (2) days;
and
2) The post development peak discharge rate shall equal the
predevelopment rate for the one-year, 24-hour storm.
4. In addition to any required vegetative filters all land areas outside of the stormwater
management facility shall be provided with a ground cover sufficient to restrain erosion
within thirty (30) days after any land disturbance. Upon completion of the stormwater
control structure, a permanent ground cover shall be established and maintained as part
of a maintenance agreement.
5. A legal description of the area containing the stormwater control structure shall be
prepared and included in a separate deed to the owning entity to be filed with the
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register of deeds in the appropriate county along with any easements necessary for
general access to the stormwater management structure. The deeded area shall include
the stormwater management structure, vegetative filters, all pipes and water control
structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance,
repairs and reconstruction.
6. Qualifying areas of the stormwater management 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 (1) site, it shall not be used to compute
the built -upon area for any other site or area.
B. Posting of financial security required.
1. Plan approval for new stormwater control structures shall be conditioned on the
posting of a financial assurance as provided in section 1310 of this LDC for one hundred
ten (110) percent of the estimated construction cost for the purpose of construction,
repair, or reconstruction necessary for adequate performance of the stormwater
management and/or BMP facility.
2. Default under the financial assurance. Upon default of the applicant to complete
and/or maintain the stormwater control structure as spelled out in the performance bond
or other security, the director of engineering may obtain and use all or any portion of the
funds necessary to complete the improvements based on an engineering estimate. The
director of engineering shall return any funds not spent in completing the improvements
to the owning entity; provided, however, no funds shall be returned to the owning entity
until the director of engineering is satisfied that adequate provisions have been made for
the future maintenance, repair, and if necessary, reconstruction of the stormwater
controls.
3. Default under 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 director of engineering 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 director of engineering
shall not return any of the deposited cash funds.
C. Maintenance and upkeep.
1. All stormwater management facilities and/or best management practice (BMPs)
facilities that are constructed or implemented to meet the requirements of this LDC must
be maintained in a manner that maintains the nutrient reduction levels and flow
attenuation levels anticipated in the design of the facility.
2. Prior to final plat approval or issuance of a certificate of compliance, the applicant
shall enter into a binding operation and maintenance agreement between the city and all
interests in the development. Such agreement shall
a. Require the owning entity to maintain, repair and, if necessary, reconstruct
the stormwater control structure in accordance with the operation and
management plan provided by the developer.
b. The operation and maintenance of agreement shall be in recordable form
executed by the owning entity ,and director of engineering and shall be filed with
the register of deeds in the appropriate county.
c. The owning entity or entities will be responsible for submitting an annual
inspection report of the stormwater management and/or BMP facility performed
by a knowledgeable professional in the field to the director of engineering. The
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CHAPTER 8. STORMWATER MANAGEMENT
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annual report shall include an assessment of the condition of the facility including
any improvements needed to insure that the facility operates safely.and achieves
the necessary nutrient reduction and flow attenuation levels anticipated in the
design of the facility.
d. The stormwater management agreement shall clearly delineate the penalties
for failure to complete the required inspections, maintenance or improvements
and shall grant the city authority to enter the property for the purposes of
ensuring compliance with the provisions of the agreement and this LDC. If the
owner and/or operator fails to complete the required inspections or any required
improvements, the city shall inspect the facilities and make any necessary
corrections. Any costs associated with this work, including administrative costs
and fines, will be charged to the owner and/or party legally responsible for
maintenance of the facility.
e. Maintenance agreements shall run with the land and be binding upon
subsequent owners of both the development project and/or any offsite facilities.
3. As part of the operation and maintenance agreement, an operation and maintenance
plan 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 and 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.
4. 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 an easement or access to the stormwater control structure.
5. Except for general landscaping and grounds management, the owning entity shall
notify the director of engineering 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. After notification by the owning entity, the director of engineering or
designee 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
such improvements. The director of engineering may consult with an engineer or
landscape architect (to the extent that N.C.G.S. Chapter 89A allow) designated by the
planning board.
6. Amendments to the plans and specifications of the stormwater management and/or
BMP facility, the operation and maintenance agreement or the operation and
maintenance plan shall be approved by the planning board. Proposed changes shall be
prepared by a North Carolina registered professional engineer or landscape architect (to
the extent that the N.C.G.S. ch. 89A allow) and submitted to and review by the.
department of planning and development prior to consideration by the planning board.
a. If the planning board approves the proposed change, the owning entity of the
stormwater control structure shall file sealed copies of the revisions with the
department of planning and development.
b. If the planning board disapproves the changes, the proposal may be revised
and resubmitted to the board as a new proposal. If the proposal has not been
revised and is essentially the same as that already reviewed, it shall be returned
to the owning entity.
7. If the planning board finds that the operation and maintenance plan is inadequate for
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CHAPTER 8. STORNIWATER MANAGEMENT Page 30 of 31
any reason, the board shall notify the owning entity of any required changes and the
owning entity shall prepare and file copies of a revised operation and maintenance
agreement with the department of planning and development and such revised plan
shall be the plan for the development.
D. Release of the performance bond.
1. The director of engineering shall inspect the stormwater management and/or BMP
facility after the developer notifies him that all work has been completed. At or prior to
this inspection, the developer shall provide to the city:
a. Certified as -built drawings of the stormwater management and/or BMP
facility.
b. Final plat(s) creating a separate lot of record for the stormwater management
facility ready for filing with the register of deeds;
c. Signed deed(s) and related easements, as required, to convey the
stormwater controls to the owning entity, and
d. A certification sealed by an engineer or landscape architect (to the extent that
the N.C.G.S. Chapter 89A allow) stating that.the stormwater management and/or
BMP facility is complete and consistent with the approved plans and
specifications.
2. If the director of engineering approves the inspection report and accepts the items
listed in [section] 804 D1, the director may release up to seventy-five (75) percent of the
value of the performance bond or other security, and authorize the issuance of a
certificate of compliance for the stormwater management and/or BMP facility. If
deficiencies are found, the director of engineering shall direct that improvements and
inspections be made and/or documents corrected.
3. No sooner than one (1) year after year after the filing date of the deed, easements,
and maintenance agreement issuance of the certificate of compliance, the developer
may request that the director of engineering release the remaining value of the
performance bond or other security. Upon receipt of such request the director of
engineering shall inspect the stormwater control structure to determine whether the
controls are performing as designed and intended.
a. If the director of engineering approves the report and accepts the request, the
director of engineering shall release the remaining performance bond or other
security.
b. If the director of engineering does not accept the report and rejects the
request, he shall provide the developer with instructions to correct any
deficiencies and all steps necessary for the release of the performance bond or
other security.
4. In the event the director of engineering discovers the need for corrective action or
improvements, he 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
consistent with the plans and specifications of the stormwater control structure and the
operation and maintenance plan. After notification by the owning entity, the director of
engineering shall inspect and approve the completed improvements.
(Ord. No. 0-2004-65, § 2, 8-9-04; Ord. No. 0-06-68, § 2, 7-10-06)
Sec. 805. Permits and enforcement.
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A. Permits. Permits for all development activities covered by this chapter shall be issued in
accordance with section 717 of this LDC.
B. Enforcement. Except as otherwise provided in this chapter, enforcement of the provisions
of this chapter shall be in accordance with chapter 12 of this LDC.
C. Appeals. Except as otherwise noted in this chapter, appeals of any order, requirement,
decision or determination made by the director of engineering may be made to and decided by
the board of adjustment as provided in chapter 3 of this LDC.
(Ord. No. 0-2004-65, § 2, 8-9-04)
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CHAPTER 13. MINIMUM DESIGN AND IMPROVEMENTS REQUIREMENTS Page I 1 of 15
be required.
c. No stormwater drainage shall be discharged into a sanitary sewer.
d. Access to the drainage easement from the public street shall be provided.
Sec. 1307. Miscellaneous.
Sites for community facilities.
When a sketch subdivision plat is submitted for city approval and the area proposed to be
subdivided encompasses an area designated in the adopted Rocky Mount Comprehensive flan, or any
other long-range development plan approved by the city council, as a site for a community facility, the
director shall advise the city manager of such fact, and the city council shall notify the subdivider within
sixty (60) days from submission of the sketch plan to the department of planning and development
whether it still wishes the site to be reserved, and if so, the specific location and size of the site to be
reserved. If the city council does wish to reserve the site, the subdivision sketch plat shall not be
approved without such reservation. The city or any other public or quasi -public organization with
authority to condemn property for public use under the right of eminent domain shall then have eleven
(11) months, beginning on the date of approval of the construction plat, within which to acquire the site
by purchase, gift or initiating condemnation proceedings. If the city or such other public or quasi -public
organization has not acquired or begun proceedings to condemn the site within eleven (11) months, the
subdivider may treat the land as freed of the reservation.
Sec. 1308. Bonus density design.
A. The bonus density design provision applies to all residential zoning districts except the PDR
districts. In cases of dedication to and acceptance by the city of open space specifically for park
land without monetary compensation by the city to the subdivider, and/or in case of property
located within the floodway and/or property constituting the fifty (50) foot arterial buffer required
for residential development adjacent to major arterials, the following bonus density provision
may be employed; however, in no case may a lot be reduced in area or frontage below the
minimum requirement of the next higher density single-family zoning designation. The bonus
density design provision is applied in the following manner:
1. The square footage of the area reserved for parklopen space, floodway or arterial
buffer purposes is divided by the square footage of the total area to be subdivided;
2. The minimum lot area and frontage of the lot requirements specified by the zone of
the subject property is multiplied by the resulting quotient (representative of the
percentage of land eliminated_ from residential land use development) obtained from step
(1) above;
3. The resulting lot area and lot frontage of step (2) is then considered to be the
minimum lot specifications upon which the subdivision may be designed.
B. For example, if a thirty (30) acre tract of land were zoned R-15 (minimum lot area of fifteen
thousand (15,000) square feet and lot frontage of one hundred (100) feet) and the subdivider
desires to dedicate three (3) acres of land, the bonus density design provision would be applied
as follows:
1. 3 acres = 43,560 x 3 = 130,680 square feet; 43,560 x 30 = 1,306,800 square feet;
130,68011,306,800 = 10 percent.
2. Minimum lot area (R-15): 15,000 x 10 percent = 1,500; 15,000 - 1,500 = 13,500,
Minimum lot frontage (R-15): 100 x 10 percent.= 10; - 100 10 = 90.
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3. 13,500 square feet minimum lot area; 90 feet minimum lot frontage.
The same foregoing bonus density design provision may be employed in developments
so designed to have common green or open space to be utilized by the residents therein
and not to be owned by the general public.
Sec. 1309. Design and improvements only in PDR subdivisions and cluster
developments.
Street requirements. These requirements shall apply to both public and private streets.
1. Street pattern. Streets shall be arranged to fit the contour of the land, to create
usable lots, and to discourage through traffic in residential neighborhood.
2. Coordination of streets. Street access shall be provided in conformance with the city
council's adopted arterial plan and feeder street plan. When a proposed street depicted
in those plans traverses a PDR subdivision, the street design and construction
specifications shall comply with chapter 13 of this LDC. Street access may be provided
to adjoining undeveloped tracts of land and shall be coordinated with existing and
planned streets as required by the department of planning and development and
department of engineering. Access shall be provided to adjacent property at locations
deemed necessary and desirable by the planning board.
3. Street right-of-way and construction widths. All private streets must be paved. Curb
and gutter shall not be required at locations where curb and gutter are not necessary as
determined by the director of engineering. Within the city limits, curb and gutter streets
are required and shall be constructed -to the following standards in Table 25. Any street
improvement designated by the feeder street plan or the arterial plan shall be designed
and constructed to standards identified in chapter 13.
Table 13-4. Private Street Requirements.
TABLE INSET:
Type of Street
Minimum Right -of -Way
Construction Width
12 feet one-way
Private street
46 feet
22 feet two-way
24 feet cul-de-sac
26 feet through
Cul-de-sac
46 feet, with a 45-foot
26 feet, with a 40-foot end
end radius
radius
Local
46 feet
26 feet back of curb to back of
curb
Residential Collector
60 feet
30 feet back of curb to back of
curb
Commercial Collector
65 feet
40 feet back of curb to back of
curb
Industrial Collector
65 feet
40 feet back of curb to back of
curb
Arterial street
85 feet
To be determined by director of
engineering
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W A T7 -
Michael F, Easley, Governor
RQG
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
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Coleen H, Sullins, Deputy Director
Division of Water Quality
November 8. 2004
Doug Roberson, Director of Public Works
POB 1 180
Rocky Mount, North Carolina 27802
Subject: NPDES Permit Number NCS000442
City of Rocky Mount
Dear Mr. Roberson:
On July 12, 2004 the North Carolina General Assembly ratified Senate Bill 1210 (S 1210)
- Phase 11 Stormwater Management. The Governor signed the bill on August 2, 2004. This bill
addresses implementation of the federal NPDES Phase Ii stormwater program in North Carolina.
In S1210, the General Assembly provided.a framework that will allow state and local
government agencies to begin implementing the program. ,The bill establishes minimum
stormwater management requirements for municipal storm sewer systems and also applies
stormwater controls to some developing areas around these municipalities.
Phase H Draft permits for local governments were publicly noticed the week of
November 1, 2004 for those communities identified in the 1990 U.S. Census. Your community's
permit has been noticed and copies of the draft permit are available at:
http://h2o.enr.state.nc.us/su/phase2_draft_Permits.htm
We look forward to receiving your comments on this draft permit and continuing to work
together for the benefit of your community and North Carolina. All comments and request
should reference draft permit number NCS000442. Please provide your comments by Friday,
December 10, 2004. If you have any questions about this draft permit don't hesitate to contact
me at [phone], ext. 584.
Sincerely,
Ken Pickle
cc: tStormwater Permitting Un`it-.-1
Raleigh Regional Office
SAWA
NZ-D R
N. C. Division of Wawr Quality 1617 Mail Service Center Raleigh, North Carolina 27699.1617 [phone] Customer Service
1-877-623-6749