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HomeMy WebLinkAboutNCS000481_Maiden 2016 Permit Application_20160201STORMWATER DIVISION CODING SHEET M54 PERMITS PERMIT NO. �l (� p O � qD �\1 DOC TYPE ❑FINAL PERMIT ❑- /ANNUAL REPORT. ICY APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑ YYYYMMDD /ed Stormwater Management Program Assessment North Carolina Division of Water Quality 512 N. Salisbury St. Raleigh, NC 27604 Town of Maiden Permit Number: NCS000481 Report Number: NCS000481_2016 County: Catawba Region: Mooresville 2016 Background Information Sw100010 APPLICANT STATUS INFORMATION sw10002o Name of Public Entity Seeking Permit Coverage Town of Maiden swloaoso Jurisdictional Area (square miles) 9.953 SW100070 Population Permanent 3401 swl00oso Population Seasonal (if available) Same sw100110 RPE / MS4 SYSTEM INFORMATION sw100120'Stbrrri=Sewer'Service=Area (sque"re'miles) 5.392238 sw100130 River Basin(s) Catawba sw1oo15a Estimated percentage of jurisdictional area containing the following four land use activities sw100160 Residential 77.7 SW100170 Commercial 4.4 sw1=80 Industrial 17.4 sw100190 Open Space sw100210 Do you have an inventory of storm water inlets, pipes, ditches, and open channels? Yes SW100220 Do you know how many outfalls your city discharges to and where they are located? Yes Sw100260 EXISTING LOCAL WATER QUALITY PROGRAMS "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " Page 3 of 29 SW100280 River Basin sW100283 Program 1 Receiving Stream Name Clarks Creek sw,003w Stream Segment From source to a point 0.9 miles upstream of Walker Creek swlomio Water Quality Classification WS-V SWlDM20 Use Support Rating SW100325 TMDL Yes [SW100331-Program 2 SW100332 Receiving Stream Name Maiden Creek SW100333 Stream Segment From source to Maiden Reservoir to Pinch Gut Creek. SW100334 Water Quality Classification 4 W S-V SW100335 Use Support Rating TMDL No Program 3 Sw1oo33s-Receiving Stream Name Shady Branch swloo339 Stream Segment From source to Pinch Gut Creek -T SW10033A Water Quality Classification C SW10033B Use Support Rating SW10033C TMDL No SVVIO033D Program 4 Fsw-,0933E Receiving Stream Name NIA SW10033F Stream Segment NIA SwlC033G Water Quality Classification NIA SW10033H Use Support Rating SWs00331 TMDL No Page 4 of 29 swlom4o Local Nutrient Sensitive Waters Strategy Yes swico35o Local Water Supply Watershed Program Yes sw,00sso Delegated Erosion and Sediment Control Program Yes Comments: Delegated to Catawba County sw100370 CAMA Land Use Plan No sw,ocaoo Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo'maps or SCS map. Streams that are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. sw10o44c River basin you are in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm SW100450 Stream Index Numbers: http://62o.enr.state. nc.usl6ims/Reports/reportsWB.fiitmi swico46o Water Quality Classifications: http://h2o.enr,state.nc,us/bims/Reports/reportsWB.html swiooaio Basinwide Water Quality Plans: http:Ith2o.enr,state.nc.us/basinwide/index.html sw,omo 303(d) List: http://h2o.enr.state.nc.us/mtu/download.htmI sw100490 CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) swioosoo Do you co -permit with a permitted Phase I entity? No sw,00s,o If so, provide the name of that entity: NIA SWI00550 Other Entity N/A sw10056o Have legal agreements been finalized between the co-permittees? SWI00570 RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS rl'0sa0 Do you intend that another entity perform one or more of your permit obligations? Yes sw100590 If yes, identify each entity and the element they will be implementing swiowoo Name of Entity Catawba County Environmental Health swiooaio Element they will implement Septic Tank Inspections / Permitting FSW13-062OContact Person Mike Cash SW100630 Contact Address P,O. Box 389 Newton, NC 28658 Page 5 of 29 sw100640 Contact Telephone Number - $28-320-3067 swlcosso Are legal agreements in place to establish responsibilities? Yes Comments: A letter was sent to allow Catawba Co. to handle this for the Town. swloo66o PERMITS AND CONSTRUCTION APPROVALS SW100700 State or NPDES Stormwaler Permit Number (s) issued to the permittee NCS 000481 (Phase II Stormwater) and NCO039594 (WWTP) Sw100920 MS4 CONTACT INFORMATION SW10093C Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program, sw100940 Name Todd Herms sW10095c Title Town Manager sw10096c Street Address 19 N. Main Avenue Sw100970 PO Box NIA SW100980 City Maiden swloo,Yx State NC sw101000 Zip 28650 sw1olo10 Telephone 828-428-5020 r W101020 Fax 828-428-9087 SW101030 E-Mail therms@maidennc.gov 1001040 "Permittee's Website" www.maidennc.gov sw101060 BMPs Isw1o10so Do you plan to add any new BMPs? j No SW101070 Do you plan to amend any existing BMPs? w No uvioiwo If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. li further space is needed, attach additional sheets. Page 6 of 29 Co -Permitting Information SW101570 Contract Operations sw,01630 Does the Stormwater Management Program identify contract operations (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Yes Comments: Those that are applicable are done through the Town such as trashlrecycling with Republic Services, most operations are done through the departments or on an as needed basis Construction Site Stormwater Runoff Control swio419a Construction Site Stormwater Runoff Control Sw104200 Does the permittee rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to SW104220) Not Applicable SW104210 If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. SW104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements? (If no, go to SW104300) Yes SWI04230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Yes SWIa4250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Yes SWIG4260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Yes SWI04270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Not Applicable sw1043oo Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW104450) Yes Sw104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes Page 7 of 29 sw104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? Yes sws04330 If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. SW104340 Does the Permittee conduct site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? Yes Sw104350 The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. sw1043w Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? Yes SW10437o The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or. permit denials for non-compliance. SW104380 Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? Yes SWI0443o Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? —Yes SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? Yes SW104450 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? Yes SW1044W Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. SW104470 Staff Training and Certification SW1044BO The number of training and certification programs offered to staff. 1 Comments: training is on an as available basis sW104490 The number of trained staff inspectors. kswlo"soo'Tfie number of certified staff'ins eectors. SW1045ic The number of certified contractors by permittee. Page 8 of 29 swiN520 Inspection and Enforcement swiO45w The number of plans reviewed greater than one acre. sw104590 The number of enforcement actions or NOVs taken. 0 Illicit Discharge Detection and Elimination SW103190 Illicit Discharge Detection and Elimination Sw103200 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW103210 Stormwater Map Sw103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? Yes M103260 Does stormwater mapping include drainage areas? Yes sw10327o Does stormwater mapping include receiving streams? Yes Swl=ao Does stormwater infrastructure maooina include outfalls? _Yes ---- ----- — --- -- - - - - Sw103290 Estimated or actual number of outfalls. 7 M103300 Does stormwater infrastructure mapping include sewer pipes? Yes SW103310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? We have contracted with the Western Piedmont Council of Government for more detailed mapping this year. 3WI03320 Estimated or actual number of structural BMPs? 4 sw103330 Percent of outfall mapping complete. 100 W03340 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? Yes sw103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? Yes W1033w Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? Yes SW103370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: Page 9 of 29 sw1o3eo Procedures for locating priority areas. SWID3390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will u location of the source. sw1o3400 Procedures for removing the source of the illicit discharge. Procedures for evaluation of the plan to detect and eliminate illicit discharges. ;e to detect the Does the Stormwater Management Program address the following categories of non storm water discharges or flo\ illicit discharges) only if permittee identify them as significant contributors of pollutants to the permittee's small MS4 Yes landscape irrigation; D water line flushing; o diverted stream flows; a uncontaminated groundwater infiltration; discharges from potable water sources; air conditioning condensate (commercial/residential); springs; footing drains; residential and charity car washing; dechlorinated swimming pool discharges; rising groundwaters; uncontaminated pumped groundwater; foundation drains; Swi635W irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); sw,o3570 water from crawl space pumps; sw,o3550 lawn watering; sw,o35so flows from riparian habitats and wetlands; Sw103600 street wash water; _ swt03610 flows from emergency fire fighting. Page 10 of 29 Sw103620 The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. Sw1o363o These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). sw1o364o-Does the Stormwater Management -Program document'local controls or conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? Yes SW103650 In addition toconducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? Yes SW10370o Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? Yes SW103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? Yes Comments: This information is kept in a file located in the planning department. SW103720 Does the Stormwater Management Program establish a stormwater incident response program? Yes sw10373o Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? Yes Comments: Ali education materials are handled by the regional partnership, in our newsletter, and through materials in the Town Hall Lobby. Does the Stormwater Management Program provide fora septic system program in conjunction witFi Department? Yes sw10375o Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? No Root Cause: Authority is ineffective and/or inadequate Plan of Action: Funding is not available at this time. The Public Works Department is proposing to purchase a street sweeper in the upcoming budget year. Inlets and outfalls are cleaned regularly by the public works department. Sw103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Yes SWI03770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? Yes Sw103780 Does the Stormwater Management Program establish a Household Waste Recycling Program? Yes Comments: Program is ran through Catawba County and public works. Sw103850 Identifying Illicit Connections Sw1038w 1 he number of sites pnoritized Tor inspection. Page 11 of 29 SW103870 The number of illicit connections reported by citizens. 0 swimaso The number of illicit connections found. sw103890 The number of illicit connections repaired/replaced. 0 sw1039m The number of illicit connection referrals. 0 sw103910 Illegal Dumping SWIC393o The number of illegal dumps reported by citizens. SWIC3940 The number of penalties enforced upon the participants of illegal dumps. 0 sw103950 The number of illegal dump or sit -out clean-ups completed. 1 sw103970 Industrial or Business Connections 3wia39aQ_The,number_of:dry-weather . tests/inspections.completed.,continuous= —_ Comments: Public works staff is trained to check all drains and other areas while doing their other duties. sw103990 The number of high -risk connections prioritized. 0 sw104000 The number of illicit connections reported by employees or businesses. 1 sw104010 The number of illicit connections found. 1 3w104020 The number of illicit connections repaired/re placed. 1 sw1o4ow Recreational Sewage Isw10A040 The number of pump -out stations. [ Comments: no such stations exist for RVs in Maiden swlo4o5o The number of no -discharge areas created. 0 sw1040so The number of new signs added to inform users of dumping policies and alternatives. SW104070 The number -of enforced cases of recreational dumping.- 0 sw1040so The number of citizen complaints made reporting illegal action. 0 Sw104090 Sanitary Sewer Overflows (SSO) W041oo The number of overflows reported. 0 Comments: sw164110 The number of overflow causes that were identified during inspections. 0 Page 12 of 29 sw1o412o The number of sites repaired. 0 Sw104130 Wastewater Connections to the Storm Drain System swloalao The number of rerouted connections. 0 also The number of dryweather monitoring activities performed. continuous also The number of unwarranted connections reported. 0 170 The number of unwarranted connections found. 0 swloalao The number of unwarranted connections repaired/replaced. 0 Information specifically regarding the permit swlolaso Permitting Information swlolaso Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? Yes Ordinance, Legal or Regulatory Authority sw107050 Ordinance, Legal or Regulatory Authority Sw1070W Illicit Discharge Detection & Elimination Adopted SWI07070 Erosion & Sediment Control Adopted sw7171so Post -Development Stormwater Management Adopted svvl07090 Stormwater Ordinance Adopted swlo�,00 Unified Development Ordinance Adopted swlo7110 Flood Damage Protection Ordinance Adopted sw1o:712o Other: . _ Not Applicat�le sw107130 Other: Not Applicable sw,o7,aa Other: Not Applicable Pollution Prevention/Good Housekeeping for Municipal Operations Page 13 of 29 SW105750 Pollution Prevention/Good Housekeeping SW105760 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw10577o noes the Stormwater Management Program list the permittee's municipal operations that are impacted by this operation and maintenance program? Yes sw,o57ao The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. Municipal Operations include: swlo-%w Transfer Station No Fleet Maintenance Yes swi05820 Airport No sw,o583o Animal Shelters No SW105840 Waste Water Treatment Plan Yes Comments: WWTP has its own permit Water Plants No sw,osaso Construction Debris Site No sw,osM Transit Authority No sw,osaeo Public Works Operations Yes swiosaso Prisons No swl059w Emergency Service Facilities Yes Fire Stations Yes sWIC5920 Landfills No SW105930 Schools Yes SW105940 Parks Yes sw105950 Waste Recycling Centers No swiosaso Vehicle Maintenance Operations Page 14 of 29 Yes sw,o6970 Vehicle Wash Operations --- _ — - _ --- . _- ----_ - -- -- ----- —_-. - -- - - - - - Yes swlosseo Pump Stations or Lift Stations sw,oesso Other: NIA swiw000 In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? Yes sw'06010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? Yes sw1o603c Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? Yes sw'o6o5o Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? Yes sw'os"o Industrial Activities sw10612o Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater De operated by the permittee? Not Applicable Comments: no Phase I communities in our tipped in area mit owned and !w1D613o Did the permittee review the Stormwater Pollution Prevention Plan, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Not Applicable Comments: no Phase I communities in our tipped in area sw'06160 Does the permittee have a Used Oil Recycling Program? Yes 3w106170 Does the permittee have a street sweeping program? No Root Cause: Resources (including equipment and tools) are not adequate andlor sufficient Plan of Action: The Public Works Department is proposing the purchase of a street sweeper for the upcoming budget year, swiosifio Does the permittee have a program to clean catch basins, storm lines, and ditches? Yes sw'06190 Does the permittee review fertilizer and pesticide use programs? Yes sw1062oo Does the permittee have spill prevention plans at city facilities? Yes 3w106210 City Facilities Inspections sw106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Page 15 of 29 Yes SW106230 Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? Yes sw,06240 Does the permittee inspect stormwater outfalls? Yes sw1062so Does the permittee inspect culverts? Yes sw10626o Does the permittee inspect swaleslditchs? Yes SW106270 Does the permittee inspect catch basins, inlets, and grates? Yes Sw106280 Does the permittee inspect MS4 pipes? Yes SWI06290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? Not Applicable SWI06300 Does the permittee inspect animal shelters and pounds? Not Applicable sw,ass,o Does the permittee inspect parking lots? Yes Sw106320 Does the permittee inspect parks and open spaces? Yes sw10633o The number of inspections conducted. Continuous Comments: Inspections are performed as staff are performing other duties. sw,o6400 Automobile Maintenance swlos4,o The number of employees trained in preventing pollution from automobile maintenance activities. _2 SW106420 The number of sites rewarded as being a "clean site" under a rewards program. — 0 sw, 06430 The number of spills reported. SW106440 The number of educational materials distributed at garages, auto shops, and other automobile -related businesses. 0 swlo645o Hazardous Materials Storage sw106460 The total number of storage facilities equipped to store hazardous materials. 1 Comments: fuel island swio6aio-The number ofregularly'inspected storage units Comments: Inspection of this facility is continuous. sw,064ao The number of employees trained in hazardous material storage and maintenance. 3 Page 16 of 29 sw,06490 Illegal Dumping sw1065oc The number of "no dumping" signs posted. 0 swiosslo The number of educational materials distributed. Distributed through newsletter. sw,06520 The number of reports of illegal dumping received. 1 sw,o6530 The number of dump sites and/or illegal sit -outs cleaned up. 1 SWIC654o The number of sites improved to eliminate as target dumping spots. 0 sw106550 The number of enforcement actions pertaining to illegal dumping. 0 _ _ _ swio65w Landscape and Lawn Care, and Pest Control swloe57o The number of storeslgardens participating in education programs. 0 Comments: no lawn/garden stores exist in Maiden swiossao The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. 0 Comments: We do post classes hosted by state outreach programs. sw,ossso The number of classes/seminars offered'by the permittee iri landscaping and'lawn care. 0 Comments: We rely on outside state agencies for this and the stormwater partnership. swiw6io The number of municipal employees trained in integrated pest management. 1 sw1ow2o Parking Lot and Street Cleaning swiom3o The number of parking lots. 5 sw,ossao The number of scheduled parking lot and/or road cleanings. 0 sw,o665o Pet Waste swl%660The number of dog parks. 0 SW106670 The number of "pooper-scooper" stations installed 0 swlossao The number of educational materials distributed. 0 sw,osssa Road Salt Application and Storage sw1057oo The number of storage facilities included in a regular inspection and maintenance program. 1 Comments: Salt is stored on a pallet in our storage building swio6710 The number of employees trained in road salt aonlication. 2 Page 17 of 29 sw105720 The quantity of salt applied to roadways (in tons). 0.01 Sw106730 The quantity of alternative products used (in tons). 0 swloeeoo Spill Response and Prevention swio6610 The number of leak detection devices installed at municipal facilities. 4 The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equ continuous ,Comments: Standard,inspection_and_maintenance,procedures daily,Xeekly,_monthly_etc. swlo6830 The number of personnel trained in spill response. 2 Sw106840 The number of regularly inspected high -risk facilities. 1 Comments: fuel island sw1a6650 The number of educational materials distributed to municipal employees. I swloseso Storm Drain System Cleaning . sw106870 The number of outfalls cleaned regularly. 0 Comments: cleaned as needed sw106660 The number of storm drains cleaned regularly. 0 Comments: cleaned as needed sw1o6690 The amount of trash, sediment, and other pollutants removed during cleaning (in tons). I 7 Used Oil Recycling 3 The number of gallons of used oil collected from municipal operations. 500 sw1o6920 The number of recycling facilities that collect oil from municipal operations. 1 swlo693o The number of educational materials distributed to municipal employees. 0 sw10694 Vehicle Washing sw1oeg5o The number of educational materials distributed to municipal employees. 0 sw106%0 The number of designated municipal vehicle washing areas. 1 Post -Construction Storm Water Management in New Development and Redevelopment Page 18 of 29 swlo4a90 Post -Construction Storm Water Management in New Development and Redevelopment 3w104900 Does the Stormwater Management Plan summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw104910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Yes swio4e20-The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. sw1o493o Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance (O&M) of BMPs? Yes iw104940 Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. Yes swlosooc Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? Yes swlosolo Do new development and redevelopment codes allow for the following: swlo5c2o Bioretention basins? Yes Sw105030 Alternative pavers? Yes swlo5o4o Buffer zones? Yes swlososo Dry ponds? Yes swlcsow Wet ponds? Yes SW105070 Alternatives to curb and gutter? Yes swimow Grass swales? Yes 3wl05090 Grassed filter strips? Yes swlosloo Green parking lots? Yes 3w10511c In -line storage systems? Yes SW105120 Infiltration basins? Yes sw105136 Infiltration trenches? Page 19 of 29 Yes SW105140 Manufactured products installed in storm water inlets? Yes SW10515o Developments and redevelopments that use narrow streets? Yes sw105160 On -lot treatment? Yes SW105170 Open space design? Yes sw105180 Sand and organic filters? Yes sw105190 Porous pavement? Yes swl05200 Stormwater wetlands? Yes SW105210 Urban forestry? Yes Sw10522o Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? Yes SW105230 Does the Stormwater Management Program provide training for staff and developers/builders? Yes SW105250 BMP Inspection and maintenance sw10527o Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Yes sw105200 The number of BMP inspections and/or maintenance activities. 4 SW105290 The number of problems that were identified and remedied. SW105300 New Development and Redevelopment BMP Summary swlosalo The number of development/redevelopment projects regulated for post -construction stormwater. control, 0 swlo555o Evaluation of Post -construction Stormwater Management Program Measures 3w105560 Model Practices: For those areas within the jurisdictional area of the permitlee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post - construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: SW10557o Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Yes 3w10558o Do projects permitted as a low density projects meet the following criteria: Yes 3w1135590 No more than two dwelling units per acre or 24% built -upon area; and, Page 20 of 29 sw,o5600 Use of vegetated conveyances to the maximum extent practicable? Yes sw,u�lu Hre.protects.permittea.as.nign-aensiry-protects_meet.me_rouowing-requiremenis:..r.es sw105620 The stormwater control measures control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume draw -down time must be a minimum of 24 hours, but not more than 120 hours; sw105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and Swlo5640 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); swloesso Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? Yes swioseso Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? Yes SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction Stormwater management? Yes swiossao Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1— WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. sw105590 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction Stormwater management. SWI05700 Additional Requirements for Trout Waters: Has the permittee developed, adopted, andimplemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? NIA SWI05710 Additional Requirements for Nutrient Sensitive Waters 3wsa5720 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? Yes sw10573o Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program? No Root Cause: Design is inadequate Plan of Action: This is currently being explored. Page 21 of 29 3WI05740 In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Program Accomplishments Sw106970 Staff and Capital Improvement Projects swimsw The number of staffed stormwater management position(s). 1 ' Comments: position is 10-20% of the time available from the Planning Director sw10s990 The number of new stormwater management position(s) created or staffed for the reporting year. 0 sw,07ooc Total annual budget (excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. $6500.00 3w,07010 The number of Capital Improvement Projects planned. 1 Sw107020 The number of Capital Improvement Projects active. 1 sw1o7c3o The number of Capital Improvement Projects completed. 1 Sw107040 Total annual budget for Capital Improvement Projects for the reporting year. $10, 000. Public Education and Outreach sw'oisgo Public Education and Outreach 3w7017oo Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SWI01710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected? Yes 3w10172o Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? Yes sw101730 Does the Stormwater Management Program describe the permittee' outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? Yes Comments: Note: the Town relies on the stormwater working group for most of its resources and outreach education. Page 22 of 29 sw1017so Has the permittee develop general stormwater educational material to appropriate target groups? Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. Yes SWI0176o Does general stormwater educational material include information on the following topics: SWI0177o Household Hazardous Waste Yes Pet Waste Yes SW101790 Septic Systems Yes swioiaoo Lawn and Gardenino Yes swiolelo Vehicle Washing Yes Erosion Yes sw401M Stream Buffers Yes Flooding Yes swioisso Litter Yes swic,sw List any additional topics not identified above. Blowing leaves and/or glass clippings into the storm drains 7 01870 Does the permitee's outreach program include: swioimo Distributina Drinted educational material to general public through utilitv mail outs? Root Gause: System is not in place to properly coordinate the review and acceptance of new/updated plans/procedures with appropriate agencies Plan of Action: The Towns utility bills are not sent in envelopes so stuffing is not available. We do place articles in the quarterly newsletter regard ing.the,subject. Distributing printed educational material to general public through special events (i.e., Information booth at festivals and Yes Distributing printed educational material to business 1 industry? Yes sw,otis,o presentations to local community groups? Yes SW101920 Stormwater programs/presentations for elementary or middle schools? Yes swi01930 Local TV or radio spots? Yes SW101940 Print Media - Ads 1 Articles / Newsletters? Yes SW101950 Posters? Yes ' swioiseo Storm drain stenciling Page 23 of 29 Yes 3w101970 Other environmental education programs (i.e., Designate a "Keep 5W Clean" month)? Yes swloleeo Workshops Yes No Root Cause: Past staffing levels have not been sufficient to achieve performance goals Plan of Action: Will look into possible funding opportunities, we are currently replacing older signs in Town and we will look into this to the work order. sw1020w Has the permittee developed an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes sw10202o Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes SW102060 Classroom Outreach sw102070 The number of educational materials distributed to schools. 1 Comments: The Town relies on the regional stormwater partnership to achieve this goal. SW102060 The number of schools that narticioate in municipal -sponsored storm water workshops or activities. a Comments: The Town relies on the regional stormwater partnership to achieve this goal. of students that participate in municipal -sponsored storm water workshops or activities. Comments: The Town relies on the regional stormwater partnership to achieve this goal. SVV102100 The number of workshops held for teachers. 0 Comments: The Town relies on the regional stormwater partnership to achieve this goal. 3WI02110 The number of certificates or other rewards given out to schools, Gasses, or students participating in storm water education. a Sw102120 The number of students receiving storm water education as a regular part of the school curriculum. unknown ns,.P_resentations, Welcome.Packets 02150-The number of stormwater- eerelated displays at special events or meetings 10 Comments: The town and the partnership keep materials on display year round swloziffl_ The number-oof.peopie at events who.saw_the.display or -took a pamphletlbooklet.onknown Comments: Numerous people have seen the stormwater materials. We do have a banner we keep about stormwater runoff and any time school children come in on field trips I make sure they see the banner. SW102170 Number of new homeowner welcome packets containing storm -water -related information. 0 Page 24 of 29 Comments: We reach these citizens through the quarterly newsletter. sw102180The number of signs and billboards with stormwater related messages. a sw102190 The number of stormwater related presentations at special events or meetings. 1 Comments: We conduct an annual presentation at a town council meeting. SWI02210 The number of educational materials that were distributed to business owners and operators. all Comments: All commercial and industrial utility users receive material in the newsletter. )'The number oof businesses trained under the stormwater program. 2 Comments: We focus on new business such as car washes and repair facilities SWIC2310 Pet Waste Management SW102320 The number of "clean up after your pet' signs posted in parks and neighborhoods. 0 i The number of dog -walking designated areas in parks. 0 The number of posters/brochures put up in pet supply stores. 0 Comments: There are no pet supply stores in Maiden. sw10235o The number of educational materials given out to pet owners. 0 Promotional Giveaways sw10237o The number of items given out. 0 The number of events attended (to give out items). 0 � The number of partnerships far promotions (radio, TV, -Businesses). 1 Comments: The partnership has articles that businesses may read. SW102400 Proper Disposal of Household Hazardous Waste sw1o2410 The number of household hazardous waste curbside pickup days. 104 sw102420 The number of educational materials distributed to homeowners. 4 Comments: Quarterly newsletter sw102430 The number of partnerships established with businesses. 7 0 SW102440 Outreach Programs to Minority and Disadvantaged SW102460 The number of brochures/posters created in non-English languages. 0 Page 25 of 29 Sw10246o The number of educational materials distributed in non-English languages. 0 sw10247o The number of partnerships established with minority organizations. 0 sw1024e0 The number of educational materials distributed to low-income neighborhoods. unlimited Comments: We rely on the regional stormwater partnership to achieve this goal. sw102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. C Sw102540 Using the Media SW102550 The number of public service announcements made on radio and TV. unlimited Comments: The regional stormwater partnership handles this as well as cross media coverage from Charlotte. sw1025w The number of stormwater related press releases/advertising. unlimited Comments: The regional stormwater partnership handles this as well as cross media coverage from Charlotte. sw10257o The number of stormwater related articles published. unlimited Comments: the regional stormwater partnership handles this as well as cross media coverage from Charlotte. sw1025W Water Conservation for Home Owners sw102590 The number of partnerships established with local water utilities. SWI02600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills 0, we place this in our Town newsletter. SW102610 A survey of homeowners about their water conservation behavior before and after the message is delivered. 0 Public Involvement and Participation SW102620 Public Involvement and Participation sw10263o Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sw10264o Does the Stormwater Management Program identify the target audiences of the permittee's public involvement program, including a description of the types of ethnic and economic groups engaged? Yes SW102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. Page 26 of 29 sw+02wo Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? Yes SWI0267o Has the permittee provided for the means to involve the public in the development and implementation of the permittee storm water management program through: sw1026e0 Public Hearings, stakeholder meetings, or other meetings? Yes SWI02690 A Stormwater Steering Committee (or similar advisory group)? Yes sw102700 Stream clean-up events? Yes Comments: We work with Catawba Co. and their programs swi02710 Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail program? Yes Comments: We work with Catawba County, Carolina Thread Trail, and NCDOT sw102720 Reforestation programs cr wetland planting programs? Not Applicable A stormwater hotline? Yes SW102740 Volunteer monitoring programs? No Root Cause: Authority is ineffective and/or inadequate Plan of Action: C u r re nt ly we do not have any groups here in Maiden. Will look into possibility of volunteer monitoring. Storm drain stenciling? Yes SW102760 Encourage neighborhood coordinators to become active in the program? Not Applicable SW102770 Regional workshops? Yes SWI0278o Telephone/Web/Mall surveys? _Not _Applicable- Sw1021W Working with citizen volunteers willing to educate others about the program? Not Applicable rw,o2a3o Adopt -A -Stream Program sw10284o The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail programs. Unknown. SWI0285o The quantity of trash and debris removed by Adopt -A -Stream, Adopt -a -drain, Adapt -a -highway or Adopt -a -trail volunteers (in tons). Unknown Surveys swiomm The number of citizens solicited to complete surveys. 0 SWI02880 The number of completed surveys. 0 Page 27 of 29 sw102890 Hotlines sw1029m The number of calls received by a hotline(s). 0 SWI02910 The number of problemslincidents remedied as a result of hotline calls. 0 Reforestation Programs sw10293a The number of volunteer tree planters. NA sw,02940 The number of trees planted. NA sw,02950 The number of acres planted with trees. NA sw,o296a Public Hearinas. stakeholder meetinas. or other meetinos sw102970 The number of meetings held. 1 sw,ozseo The number of attendees. 17 sw,oz9so The number of actions taken as a result of stakeholder meetings. 0 swimow Storm Drain Stenciling Sw,03010 The percent of drains stenciled. 95+ sw10302o The number of stenciling volunteers. I Sw,03030 The number of drains stenciled. 1 850 est. T Stream Cleanup sw,030w The number of stream cleanups. 0 Comments: Catawba Co. and other groups do this The number of cleanup participants. 0 Comments: Catawba Co. and other groups do this sw103070 The quantity of waste collected as a result of cleanup efforts (in tons). unknown Comments: Catawba Co. and other groups do this sw,03080 The number of stream miles cleaned. unknown Comments: Catawba Co. and other groups do this Page 28 of 29 swio3m Volunteer Monitoring SWI0310o The number of volunteers participating in monitoring programs. 0 sw'03110 The,frequency of monitoring in the watershed (D Daily W �Weekly B Bimonthly M-Monthly Q Quarterly and A-; e r i4 + Sw103120 The number of volunteer monitoring stations established in the watershed. 0 sw,03130 The. numbokof volunteer monitoriiing t rainmg;sessions herd sw10314o The number of actions that were taken as a result of the monitoring data -collected by volunteers. 0 swio315a Wetland Plantings 4 swiomw The acres of land planted. 0 Comments: not applicable in our area sw103170The number of volunteers that participated' in;plantirng swiO3lao The number of planting events held. 0 Page 29 of 29 State of North Carolina OFFIC USE ONLY Department of Environment & Natural Resources Date Rec`d Division of Water Quality Fee Paid Permit Number NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES sormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPOES 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 required for the application package to be considered a complete application submittal. Incomplete app 1pu r submittals may be returned to the applicant. 1 rn 0 O I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. a. Name of Public Entity Town of Maiden Seeking Permit Coverage b. Ownership Status (federal, state or local) Local lam c. Type of Public Entity (city, Town a town, county, prison, school, etc. d. Federal Standard Industrial SIC 91 — 97 Classification Code e. County(s) Catawba and Lincoln f. Jurisdictional Area (square 5.21 miles inside Town, 5.86 miles ETI, total 11.07 square miles miles g. Population Permanent 3,501 2008 census estimate Seasonal (if available) h. Ten-year Growth Rate 25 persons per year or 0.7% growth over 8 years data US census http://www.census.gov/popest/cities/cities.litml i. Located on Indian Lands? ❑ Yes ®No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 5.21 b. River Basin(s) Catawba c. Number of Primary Receiving Streams 1 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 48% • Commercial 6% • Industrial 36% • Open Space 10% Total = 100% e. Are there significant water quality issues listed in the attached application report? ❑ Yes ® No N U Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes W No b. Local Water Supply Watershed Program Yes ❑ No c. Delegated Erosion and Sediment Control Program X Yes ❑ No d. CAMA Land Use Plan ❑ Yes N No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑Yes ®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 ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Catawba Co. Erosion and Sedimentation Control • Element they will implement Erosion Control • Contact Person Toni Norton • Contact Address P.O. Box 389 Newton, NC 28658 • Contact Telephone Number (828) 465-8161 c. Are legal agreements in place to establish responsibilities? ® Yes ❑ No a. Do you intend that another entity perform one or more of our permit obligations? ®Yes ❑ No b. If yes, identify each entity and the element they will be implementing • Name of Entity Catawba Co. Environmental Health • Element they will implement Septic Tank Inspection/ permiting • Contact Person Mike Cash • Contact Address P.O. Box 389 Newton, NC 28658 • Contact Telephone Number (828) 320-3067 c. Are legal agreements in place to establish responsibilities? ®Yes El No Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application 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 has been delegated b. Title/position of person above 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 Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES Stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. lam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name Robert L. Smyre Title Mayor Street Address 113 W. Main St. PO Box City Maiden State NC Zip 28650 Telephone (828)428-5000 Fax (828)428-5017 E-Mail Mayor.smyre@mail.ci.maiden. nc. us 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 Todd Herms b. Title Town Manager c. Street Address 113 W. Main St. d. PO Box Page 3 SWU-264-103102 NPDES RPE Stormwater Permit Application e. City Maiden f. State NC g. Zip 28650 h. Telephone Number (828) 428-5000 i. Fax Number (828) 428-5017 j. E-Mail Address therms@ mail. ci.maiden. nc.us Page 4 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 N/A Management Program b. UIC program under SDWA c. NPDES Wastewater Discharge NCO039594 Permit Number 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 N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under N/A 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 5 SWU-264-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 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 6 SWU-264-103102 Chapter 1 The Town of' Maiden contains an estimated 3,501 persons according; to the most recent (.July 1, 2008) US Census estimates. From the actual 2000 Census to the 2008 estimate the 'Town of Maiden has an estimated growth rate of seven percent. The Town of Maiden proper contains 5.21 square miles (est.) with an additional 5.86 square miles of ET.l. Both areas are served by either Town maintained stormwater controls or North Carolina Department ol'TransportatiOil maintained controls. NCDOT maintains all stormwater systems located in the E.T.J. These controls are predominantly open ditch/grass swales and piped curb inlets. Land use estimates within any small Town are difficult due to land ownership changes. The Planning; Departments best estimates are that 48% of all land is used for residential purposes. Commercial property makes up an estimated 6% of all land. Industrial land use is around 36% with the remaining 10% left in open space. This open space is predominantly made up of creeks, tloodplain, parks, and areas awaiting expansion of existing; land uses. Currently the Town of Maiden is not under a 'TM DL. Chapter 2 The Town of Maiden's current Town limits all drain to the Catawba River. Clarks Creek a tributary of the Catawba is listed as an impaired stream due to pollution from the City of Newton's waste water treatment plant. Chapter 3 The Town of Maiden participates in two state programs with the Planning Department being the primary local day to day operations body. These two programs include a local water supply watershed program and Phase II stormwater program, Chapter 4 The Town Council has directed the Town Manager William "Todd" He_rms as the responsible party contact. Todd's phone number is (828) 428-5000 and email is therms a,maiLei. maiden. nc.us , Day to day operations of the Phase II permit are assigned to the appropriate town department. Primarily this is the Planning] Department, Sam Schultz Planning Director (828) 428-5034 sschulLz a, mail.ci.maiden.nc.us or Public Works Department, Billy Price Public works director (828) 428-5000. MAYOR TOWN COUNCIL TOWN MANAGER PLANNING DEPARTMENT I 1 PUBLIC WORKS 'file Town of Maiden's Mayor Robert L Smyre is the highest ranking public official and has signed the official statement. He has directed Todd Flerms, to insure that all state and federal regulations are met. Chapter 5 NIA Chapter 6 The Town of Maiden has partnered with two other agencies to insure proper implementation of certain sections of the Phase 11 permit. Tile first is with Catawba Co. Erosion and Sedimentation Control. Toni Norton, PIS, is responsible for all erosion control plans, inspections and enforcement for all sites over one acre. Toni may be reached at (828) 465-8161. All sites under one acre fall to the Town of Maiden Planning Department (828) 428-5034. The Town also partners with Catawba County Environmental Health for all septic tank inspections / permitting and enforcement. The primary contact is Mike Cash at (828) 3201-3067. Chapter 7 7.1 The Town of Maiden like most small towns is under very tight fiscal pressure and staff time requirements. This greatly reduces the opportunities that the Planning Department has to work with the public towards education. The Town publishes a news letter every quarter and dedicates it highly visible panel to stormwater education. Additionally every year Maiden Elementary and Tuttle F lementary second grade students visit the planning department to learn more about how different jobs in the community work. This opportunity is always taken to educate the children on why stormwater is important. This program has been very successful for the past three years. The "Town has also placed storm drain markers (Aluminum) to inform the public not to dump anything down storm drains. Within the Hickory and Charlotte region cross education is very common. Some of these include Catawba River Fest and public spots on TV, Radio and in printed materials. 7.2 Public involvement and participation is extremely difficult in a small town. There are very few civic organizations and very little public interest in stormwater unless it is directly impacting a property owner. While every opportunity is taken for education and to encourage involvement beyond public meetings, with mostly negative visions of the costs of'stormwater, no public involvement has been achieved. 7.3 Illicit Discharge Detection and Elimination (IDDIE) program in the Town has been very successful. "This is mostly attributed to the "Town taking the unprecedented steps of hosting a training session, with Mitch Woodward, on the subject as no other entities seems to be capable of do so regularly. "this training was made available to other government agencies ($5.00) as well as the local stormwater group (free). Town staff, including all Public Works staff, has kept an eye out for any discharges and has reported them to the Planning Department. It should be noted that only three reports have been filed and one offender properly identified. The successful elimination involved the straight piping of washing machine, resulting in a plumbing upgrade to the building. The other two reported cases have been suds in a small creek. While staff has attempted to locate the source it is still under investigation as the source has not been consistent. In many cases the Public Works staff has informed/educated citizens not to dump as it would result in a report being tiled. This vigilance as stopped an unknown number of spills. 7A Construction site stormwater controls have been very well enforced with the combined forces of the Town of maiden Planning Department and Catawba Co. Erosion Control. The combined group has gained a reputation of being very tuff and hard to work with on the subject resulting in very good adherence to the regulations. Any violations found are usually corrected within hours of an inspectors visit. Inspections are random usually involve the Planning Department driving by the site on a regular basis. 7.5 The management of Post -Construction Stormwater Management in new developments and redevelopments has been very successful despite a down economy. This can be mostly attributed to the local stormwater working group that has allowed all Hickory Metro area Phase I communities to work together. This has enabled the smaller communities to increase their working knowledge and receive local assistance with local problems. Most importantly this group has reduced the work load and has allowed for all communities to utilize the same operations manual and review requirements. This has been very beneficial in assisting developers with having only one set of local regulations to work with as well as avoid inconsistent interpretation of regulations. This model should be suggested in other parts of the state. 7.6 Pollution prevention and good housekeeping for municipal operations is the most difficult to achieve. Simple changes in the day to day operations and Mitch Woodward's training session have increased awareness however the costs of completely overhauling the Town's operations make this a difficult to achieve goal. To assist those small towns who are in greatest financial need to upgrade facilities to a higher standard grants should be offered at a zero to 109/o match. This will allow small communities to afford the new standards of pollution prevention and good housekeeping. e • nrL Ui=Pi. tip"::?l'•�,',¢�U'6v��llr��T j �`• ,a / MAR 07 2001 s A t' TOWN OF MAIDEN = PHASE 11 NPDES STORMWATER PERMIT APPLICATION Submitted to NORTH CAROLINA DIVISION OF WATER QUALITY STORMWATER UNIT RALEIGH, NORTH CAROLINA MAY, 2004 Prepared by MIKE? STRUVE, CLM WESTERN PIEDMONTCOUNCIL OF GOVERNMENTS HICKORY, NORTH CAROLINA IJ State of North Carolina Department of Environment & Natural Resources Division of Water Quality ` OFFIC'USE-ONLY 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 2N .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Maiden b. Ownership Status (federal, state or local) Local c. Type of Public Entity (city, town, county, prison, school, Town etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Catawba and Lincoln f. Jurisdictional Area (square miles) 9.81 g. Population Permanent 2,470 Seasonal (if available) Not Applicable h. Ten-year Growth Rate 28.6%n i. Located on Indian Lands? ❑ Yes Fx_1 No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 9.81 b. River Basin(s) Catawba c. Number of Primary Receiving Streams 7 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 77.8% • Commercial 4.5% • Industrial 17.2 • Open Space 0.5% Total = 100% e. Are there significant water quality issues listed in the attached application report? Yes ❑ No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ❑x No b. Local Water Supply Watershed Program ❑x Yes ❑ No c. Delegated Erosion and Sediment Control Program 0 Yes ❑ No d. CAMA Land Use Plan ❑ Yes ® 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 enti ? 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 ® 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? El Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated 'Todd Clark b. Title/position of person above Town Manager c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Signature Name odd lark Title Town Manager Street Address 113 West Main Street PO Box PO Box 125 City Maiden State NC Zip 28650 Telephone (828) 428-5000 Fax (828) 428-5017 E-Mail tclark@cimaiden.nc.us 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 Todd Clark b. Title Town Manager c. Street Address 113 West Main Street d. PO Box PO Box 125 e. City Maiden f. State NC g. Zip 28650 h. Telephone Number (828) 428-5000 i. Fax Number (828) 428-5017 j. E-Mail Address tclark@cimaiden.nc.us Page 3 S W U-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 None b. UIC program under SDWA None c. NPDES Wastewater Discharge Permit Number NC0039594 d. Prevention of Significant Deterioration (PSD) Program None e. Non Attainment Program Maiden is part of a nonattainment area for ozone and articulate matter. f. National Emission Standards for Hazardous Pollutants (NESHAPS) None reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under section 404 of CWA None X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. TABLE OF CONTENTS STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL IdentiFication 2. RECEIVING STREAMS Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2, Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 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 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served: The permanent population of Maiden based on the 2000 US Census is 3,177. The population of the Town does not vary seasonably. 1.2 Growth Rate: The population of Maiden according to the 1990 US Census was 2,470. The population of the Town based on the 2000 US Census was 3,177. The population of the Town grew by 28.6% during the past decade or about 2.9% annually. A copy of a report showing the corrected census count for 1990 and 2000 for Maiden appears as Attachment #1 in the Appendix. 1.3 Jurisdictional and MS4 Service Areas: The land -use jurisdictional area of the Town includes parcels located within Maiden's corporate limits as well as an established extraterritorial jurisdictional area (ETJ). Collectively, these areas total 9.8 mi2. A copy of a map showing the extent of the Town's planning area appears as Attachment #2 in the Appendix. 1.4 MS4 Conveyance System: About 50% of the streets in Town have curb and gutter systems for transporting stormwater. Curb and gutter systems are required in new subdivisions. In addition, the Town uses Powell Bill funds annually (about $50,000) to install curb and gutter systems on existing Town -owned streets. Swales and ditches transport stormwater along the remaining streets in Town, and culverts under driveways and streets are used to pipe water. Crowns on many of these roads direct runoff to both sides of the street, Maintenance of the system is handled by Town staff. 1.5 Land Use Composition Estimates: Table 1 below provides information on the estimated percentage of the MS4 service area that is classified as residential, commercial, industrial and open space. Table 1. Land Use Categories by Area and Percent of 'rotal Land Area for the Maiden Planning Jurisdiction. Land Use Area (mi) Percentage Residential 7.63 77.8 Commercial 0.44 4.5 Industrial 1.69 17.2 Open Space 0.05 0.5 Total 9.81 100.0 1.6 Estimate Methodology: The land use estimates were obtained by a GIS analysis of the zoning layer coverage of Maiden maintained by the Western Piedmont Council of' Governments. Properties identified in specific zoning districts were aggregated into the residential, commercial and industrial categories. For example, parcels zoned C-1, C-2, 321-ED(MX) and 0-1 were grouped together to estimate the total arca for the "Commercial" Category. The Town of Maiden owns three parks totaling 34.68 acres that contain the only dedicated open space area in Town. 1.7 TMDL Identification: The western portion of the Town's MS4 system discharges into Clark Creek, which appears on the NC Division of Water Quality's draft 2002 303d list of impaired waters. 2. RECEIVING STREAMS (See Attachment #3 in the Appendix.) Table 2. Information on Streams Located Within the Maiden Planning Jurisdiction. Receiving Stream Segment Water Quality Use Support Water Stream Name Classification Rating Quality Issues Allen Creek From source to a point 0.7 mile WS-II; HQW N/A N/A upstream of Maiden water supply intake Allen Creek From a point 0.7 mile upstream WS-II; HQW, N/A NIA of Maiden water supply intake CA to Maiden water supply intake Allen Creek From Maiden water supply C NIA N/A intake to Maiden Creek Betts Branch From source to Clark Creek C N/A N/A Bills Branch From source to Clark Creek C N/A N/A Clark Creek From source to a point 0.9 mile C PS None upstream of Walker Creek identified Long Branch From source to Pinch Gut C N/A N/A Creek Maiden Creek From source to a point 0.7 mile WS-II; 14QW N/A N/A upstream of Maiden Reservoir Maiden Creek From a point 0.7 mile upstream WS-11; HQW, N/A N/A from backwaters of Maiden CA Reservoir to dam at Maiden Reservoir Maiden Creek From dam at Maiden Reservoir C N/A N/A located 680 feet more or less upstream from the bridge on Catawba County SR IS 10 to Pinch Gut Creek Shady Branch From source to Pinch Gut C N/A N/A Creek 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: The Town of Maiden has adopted and is administering a local water supply watershed protection ordinance. This ordinance currently covers about 20%n of the northeast portion of the Town's planning area. The affected land area is classified as a WS-11 watershed. 1) 3.2 State Programs: Staff with the Land Quality Section of the DENR Mooresville Regional Office administers the state's Erosion and Sediment Control Regulations within the Town's planning area. 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List: Mr. Todd Clark Town Manager Phone: (828) 428-5000 Fax: (828) 428-5017 Email: tclark@cimaiden.nc.us 4.2 Organizational Chart: (see Attachment #4 in the Appendix.) 4.3 Signing Official: The individual signing the permit application will be Mr. Todd Clark, Town Manager of Maiden. The Town Manager is authorized to sign contracts and similar official documents on behalf of the Town. 4.4 Duly Authorized Representative: Not applicable. 5. CO -PERMITTING INFORMATION: Not applicable. 6. RELIANCE ON OTHER GOVERNMENTAL ENTITY TO SATISFY ONE OR MORE PERMITOBLIGATIONS: Not applicable. 7. STORMWATER MANAGEMENT PROGRAM PLAN 7.1 Public Education and Outreach on Storm Water Impacts 7.1.1 BMP Summary Table 7.1.1 describes the activities the Town will undertake to meet the State's public education and outreach requirements. 7.1.2 The Town has relatively few commercial properties. 'Thus the primary target audience for the public education component of' the Town's stormwater program will consist of homeowners residing within the Town's planning area. Business owners in Town will also receive targeted educational materials explaining how stormwater impacts can be minimized from these commercial operations. 3 BMP Summary Table 7.1.1. Best Management Practices and Measurable Goals for Public Education and Outreach. :.:.:..::.::::::: .....:...............; ... . Year c BMP Measurable Goals 1 2 3 4 5 Responsible Position/Party 1 Distribute Stormwater 1. Distribute brochures through special X X X X X Town Manager Prevention Brochures event displays and utility/tax bill inserts. Include information on steps to reduce pollution sources including proper disposal of oil and toxic materials, proper use of lawn care products, and public reporting of illicit discharges. 2. Have stormwater materials on hand for X X X X X Town Manager distribution; provide materials to individuals when seeking permits from Town staff. 2 Public Workshops Conduct informational workshops. X X Town Manager Include information on stormwater impacts and what citizens can do to minimize stormwater runoff from activities occurring at their homes. 3 Business Outreach Develop an educational program to inform X X X X X Town Manager Program businesses on illicit discharges, reporting, and actions they can take to minimize stormwater impacts from activities associated with their business. 7.1.3 Multiple segments of Clark Creek within the Town's planning area appear in DWQ's draft 2002 impaired waters list. The likely sources of impairment identified by DWQ are varied and include municipal and industrial point sources, intentional channelization, agriculture and urban runoff/storm sewers. Several of these contributors to impaired conditions such as point source impacts and agriculture can be best addressed through other existing programs (for example, the NPDES permitting program or point -source impacts and programs offered by USDA-NRCS for agricultural runoff control). However, water quality impairment related to urban runoff will be a focal point of this plan. A point of emphasis in the education tools distributed to homeowners and businesses alike will discuss how stormwater runoff can contribute to poor water quality conditions. Strategies will be provided on how stormwater volume can be minimized and how pollutant loadings can be reduced associated with activities occurring near residential and business areas. 7.1.4 A combination of brochures and utility/tax bill inserts will be used for distributing information about stormwater to homeowners in Town. Because of the relatively small number of businesses, educational materials will be direct mailed to these proprietors. 7.1.5 Urban runoff has been identified as a major source of impairment affecting Clark Creek. For this reason, educational opportunities will concentrate on what homeowners and business owners can do to reduce pollutant loading and minimize stormwater volume. Individual BMPs were selected that would be effective in communicating general stormwater education to the public, and that could utilize existing Town resources or programs in doing so. The Town Manager will be the person responsible for supervising this, and all other aspects, of the Town's stormwater program. 7.1.6 The success of this particular minimum measure will be evaluated based on the following: the number of stormwater educational materials distributed to homeowners; the number of Town events where educational materials and displays were available; the number of business receiving stormwater materials; and the number of people attending stormwater workshops. 7.2 Public Involvement and Participation 7.2.1 BMI' Summary Table 7.2.1 describes the activities the Town will undertake to meet the State's public involvement and participation requirements. 7.2.2 Because Maiden is a small, rural community, the Town's population is relatively homogenous ethnically, racially, socio-economically and 4 BMP Summary Table 7.2.1. Best Management Practices and Measurable Goals for Public Involvement and Participation. dik - - Year BMP Measurable Goals 1 2 3 4 5 Responsible Position/Party 1 Establish Citizen The Council will meet at least semi- Stormwater Council annually to provide oversight and suggest x x x x x Town Manager changes to the Town's stormwater program. Council members will include citizens from the Town and the Town's ETJ area. 2 Encourage Reporting of Through the dissemination of brochures x x x x x Town Manager Local Water Quality and similar materials, a phone number will Problems & Violations be provided where Town residents can report local water quality concerns and violations. culturally. The focus of this component of the Town's stormwater program will again be involving primarily homeowners and people in planning, oversight, and community involvement activities. 7.2.3. An advertised public hearing before the Town Council was held to receive public comment on the Town's stormwater program prior to its official adaptation by the Town Council. As an integral component to the public involvement requirement, the Town will establish a citizen stormwater council that will help staff evaluate the effectiveness of the Town's program over time and suggest changes to the program as deemed necessary. T2.4. Because Maiden is a relatively small town, a limited number of organized civic and community groups exist. For this reason, it will be difficult to find individuals and organizations willing to actively participate in activities such as storm drain stenciling and adopt -a -stream programs. One of the roles of the stormwater council will be to identify over time individuals in the community with expertise in various stormwater topics willing to educate others about stormwater impacts, as well as identify organizations willing to participate in stormwater-related activities and projects. 7.2.5. The success of this particular minimum measure will be evaluated based on the following: the number of meetings held by the citizen stormwater council and the number of phone calls received by the Town reporting water quality violations or expressing concerns regarding water quality. 7.3. Illicit Discharge Detection and Elimination 7.3.1. BMP Summary Table 7.3.1 describes the activities the Town will undertake to meet the State's illicit discharge detection and elimination requirements. 7.3.2. The Town is completing a project that will display contour lines overlaid on a map of the Town's planning area. This map will also include the location of outfalls and storm drains. This map will assist the Town in displaying and quantifying the movement of direction flow of stormwater to specific receiving streams. Field data is also being collected using GPS technology and is being stored, manipulated and mapped using GIS. This work is scheduled to be completed by May, 2004. The information being collected for this effort can be displayed with previously collected data layers including roads, zoning, and parcel data. The development, analysis, and storage of this information in a GIS-data base will facilitate the regular updating of these maps on an anticipated five-year interval. BMP Summary Table 7.3.1. Best Management Practices and Measurable Goals for Illicit Discharge Detection and Elimination. Year JW BMP Measurable Goals 1 2 3 4 5 Responsible Position/Party 1 Map Storm Sewer Identify & map the location of all outfalls & System the names and location of streams in the X X X X X Town Manager Town's planning area that receive discharges from these outfalls. 2 Identify Illegal Identify & eliminate illegal discharges and X X X X X Town Manager Discharges to the Storm illicit connections to the storm sewer Sewer System system. 3 Adopt Stormwater Adopt ordinance(s) to prohit the non Management stormwater discharges into the storm X Town Manager sewer system and to grant the Town legal authority to take enforcement action when a violation occurs. 4 Distribute Brochures Distribute educational materials to citizens X Town Manager and business about preventing/eliminating non stormwater discharges 7.3.3. The Town will adopt a Stormwater Management Ordinance. This ordinance will prohibit the discharge of materials to streams that are not carried in stormwater or covered under a NPDES permit issued the North Carolina Department of Health and Natural Resources. This ordinance will be adopted by Maiden by the end of Year I of the Town's stormwater program. (Maiden will be adopting a stormwater protection ordinance prohibiting nonstormwater discharges similar in nature to that adopted by Greensboro, NC - see Attachment #5 in the Appendix.) 7.3.4. The Stormwater Management Ordinance will continue to be enforced by the Town's Zoning Administrator. 7.3.5. Detection and Elimination 7.3.5,1. High priority areas will include streams draining businesses located along Business US 321, Boyd Street and Union Street. These areas represent the older commercial and industrial areas of Town and are likely to contain the majority of illicit discharges or connections to the storm system such as floor drains. Over time, as educational outreach efforts are implemented, calls frorn citizens and businesses may help identify other priority areas. 7.3.5.2. Streams are currently walked monthly to inspect sewer outfalls as part of the Town's NPDES requirements. Most sewer lines run along the length of their respective streams due to gradient. The Town has existing utility easements in place that allow staff access to these lines and streams for conducting inspections and needed maintenance. Suspicious appearing discharges are typically traced to their point of origin and when warranted, dye tests are performed. 7.3.5.3. A letter from the Town will be sent to the noncompliant individual or business notifying them that they are in violation of the Town's Stormwater Management Ordinance. Emphasis will be placed on obtaining voluntary compliance initially. However, if the violator does not take action to comply with the Town's ordinance, the Town will take appropriate legal action to ensure removal of the illicit discharge. 7.3.5.4. A major responsible of the Town's Stormwater Advisory Council will be to evaluate the effectiveness of all program elements and suggest changes where appropriate. 6 BMP Summary Table 7.5.8. Best Management Practices and Measurable Goals for Post Construction Stormwater Management. Y �' " � � _ : '� Y Year BMP Measurable Goals Adopt a local ordinance to manage 1 2 3 4 5 Responsible Position/Party 1 Adopt a Local Post X Town Manager Construction Stormwater stormwater runoff from development and Management Ordinance redevelopment sites within the Town's planning area. 2 Septic tank maintenance Information on septic tank maintenance X X X X X Town Manager information will be available for citizens visiting Town Hall 7.3.6. Non Stormwater Discharges. water discharges or flows pollutants in Maiden. 7.3.7. Not applicable. None of the listed categories of' non -storm are considered significant contributors of 7.3.8. The Public Education component of the Town's stormwater program will be used to educate homeowners and businesses about the hazards associated with illegal discharges and the improper disposal of wastes. Educational outreach efforts will include mailings and public workshops. Town employees and contractors will receive instruction on the proper handling of wastes via employee training as listed under Pollution Prevention/Good Housekeeping for Municipal Operations. 7.3.9. In conjunction with Town staff, the Town's Stormwater Advisory Council will evaluate the effectiveness of all program elements and suggest changes where appropriate. 7.3.10. This program component will be evaluated by documenting the number of illegal discharges removed, recording the number of businesses and homeowners receiving educational information about illicit discharges and proper storage of wastes, and documenting the number of Town employees and contractors receiving training in this area. 7.4. Construction Site Stormwater Runoff Control The Town will continue to rely on the Land Quality Section with the NC Department of Environment and Natural Resources' Regional Office in Mooresville to administer the state's sediment/erosion control regulations within the Town's planning jurisdiction. 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.5.8. See BMP Summary Table 7.5.8.1 found on the following page. 7.5.9.1. The Town currently administers a Water Supply Watershed Protection Ordinance that places limits on density and impervious surfaces regarding new development for a portion of the Town's planning area. 7.5.9.1 The "Town has no policies or ordinances that specifically encourage infill development. 7.5.9.3. The Town currently has no education programs in place. 7 7.5.9.4. The Town has no measures or programs currently in place as described. 7.5,10.1. The Town currently does not allow engineered stormwater control structures to be built for controlling runoff. The Town has adopted the 10%/70% option for the WS-II balance of the watershed area for the Allen Creek Watershed. New development that occurs within the remainder of the Town's planning area that occupies a water supply watershed must be developed under the low - density option. 7.5.10.2. Grass swales and ditches collect and transport runoff along about 50%n of the streets in Town. 7.5.10.3. The Town does not require infiltration basins or trenches under any of its land use regulations. 7.5.11. The Town currently administers a water supply watershed protection ordinance in about 20% of the Town's planning jurisdiction. It is the Town's intent to amend this existing ordinance to meet the Phase 11 post - construction runoff requirements in the remainder of the Town's planning area. A copy this ordinance appears as Attachment #6 in the Appendix. 7.5.12. The Town currently has no provisions or guidelines covering the annual inspection of stormwater control structures since these BMPs are not allowed under the Town's existing watershed protection ordinance. 7.5,13.1. The Town will amend its current water supply watershed protection ordinance and administer this ordinance for the Town's entire planning area for managing stormwater associated with new development and redevelopment projects. 7.5.13.2. The program will be locally tailored by amending the Town's current water supply watershed protection ordinance, where appropriate, and administering this ordinance throughout the Town's planning area. Educational materials will also be available at the Town Hall for distribution to homeowners on proper septic tank care and maintenance. 7.5.14. The success of the post -construction ordinance will be measured in part on how many new development and redevelopment projects are affected by the ordinance annually. The success of the septic tank maintenance ,1 program will be evaluated by how many brochures or pamphlets are distributed annually. 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 7.6.1. BMP Summary Table 7.6.1 for this component of the Town's stormwater program can be found on the following page. 7.6.2. Except for its sanitary sewer system, all of the Town's municipal operations are either outsourced, such as solid waste pickup and road maintenance, or handled by other entities, such water line extension and maintenance by the Maiden Water Corporation. The Town does not own or operate any industrial facilities that have received a General Stormwater Permit. 7.6.3. The Town will require contractors that regularly work for the Town to attend stormwater management workshops. The Town does not have any existing materials it plans to use for meeting the Pollution Prevention/Good Housekeeping requirement. However, the Town anticipates that existing training and education materials available from sources such as US EPA, NC State University and NC Cooperative Extension Service will likely be sufficient to educate contractors about minimizing stormwater impacts associated with their routine activities. 7.6.4. The Town has an Inflow and Infiltration (I&I) Program that results in scheduled inspections of part of the Town's sewer system each year. Flow meters are used to identify unusually high flows in the system. When these atypical flows are documented, the lines are smoke tested and/or shot with a camera to identify holes and cracks. Maintenance is performed on the lines on an as needed basis. 7.6.5. The Town has a mechanic that oversees vehicle maintenance. Materials employed for de-icing streets and sidewalks are stored uncover in a bin. 7.6.6. Waste materials from the MS4 are extracted or skimmed off. The collected waste products are transported to the Catawba County Landfill for disposal. 7.6.7. The Town has five streams that have riparian lands occupying a 100-year floodplain: Allen Creek, Clark Creek, Maiden Creek, Put Gut Creek and an unnamed tributary to Maiden Creek. New development projects slated for these areas are reviewed by a committee consisting of the Town Manager, Planner, Police Chief, Fire Chief and Public Works Director prior to issuance of a building permit. Within the Town's water supply watershed area, 100-foot vegetative buffers are required along Allen Creek, Maiden Creek and Maiden Reservoir. All other perennial waters 9 BMP Summary Table 7.6.1. Best Management Practices and Measurable Goals for Pollution Prevention of Municipal Operations. Year BMP Measurable Goals 1 2 3 4 5 Responsible Position/Party 1 Train Municipal Staff Provide workshops to Town staff and x x x x x Town Manager and Contractors contractors outlining how stormwater pollutant loading can be reduced from municipal supervised activities within the Town's watershed area have 30-foot minimum, vegetative buffers. 7.6.8. The Town's water supply watershed protection ordinance will be re- evaluated to determine if changes should be made to render this ordinance more effective in minimizing runoff associated with new development, encouraging more compact development projects, and providing greater protection of natural waterways. 7.6.9. Not applicable. 7.6.10. The Pollution Prevention/Good Housing workshops will emphasize how Town employees can reduce pollutant loadings associated with activities that they are responsible for or directly conduct on a regular basis. Employee responsibilities that fall within this category that receive attention at these annual trainings include sewer line installation and maintenance, vehicle maintenance, storage of materials (such as de-icing compounds), and application and storage of pesticides and herbicides. Land management and maintenance at the Town's parks will also be covered. The Town Manager will be responsible for supervising this aspect of the Stormwater Program. 7.6.11. Success will be measured based on the number of employee hours of training received by Town staff on an annual basis. While more difficult to quantify, success will also be evaluated based on changes in practices and behaviors associated with Town operations that result in pollution prevention and minimization as a result of training. EI LINC Report (Selected Geographic Areas) Attachment #1 LINC Variable: Population Area Name Drexel A4aiden Rutherford College Data Definitions 2000 19_90 1,938 1,746 3.177 2.470 1,303 1,126 Population Census/Estimate/Projection 5001 : Depending on the year, this is the corrected census count (April 1 census year), or the estimate or projection from the State Demographer (April 1 census years, July 1 all other years). A projection differs from an estimate in that it relies on certain assumptions about long-term trends in data which are not yet available, while an estimate is based on data from predictor variables that are available for the estimate year. See variable 100 (POPARS) for an age/race/sex breakdown of the same data for counties (also available as a topic report). POPULATION is useful as a denominator for deriving per capita versions of other variables. However, when making per capita calculations from the BEA data (variables 3001-3187), use variable 3004 (BEAPOP) for the denominator. Note also that the numbers are rounded to the nearest 100 for years 1971-1979. Other years are not rounded: this is not meant to imply that estimates and projections are accurate to the single digit but rather to allow greater precision in deriving per capita figures. For municipalities, POPULATION is available for 1970 and for 1980 through the current estimate year. There are no projections for municipalities. As is the case for counties, the municipal numbers for the census years are I percent counts and reflect all known corrections which have been issued by the Census Bureau. For the other years, the figures are those published in 'North Carolina Municipal Population," usually available in the fall of the year after the estimate year. If you use LINC to retrieve population for all counties and municipalities, the county balance will show for years 1986 and following. For any year other than census years, the population estimates for municipalities, municipal parts, and county balances are not adjusted to reflect subsequent revisions in the estimate of county population. The municipal estimates are based on municipal boundaries for the estimate year. (Another set of estimates, used for revenue distribution, is prepared based on the boundaries one year after the estimate year, but that set is not in the LINC database.) Occasionally, new incorporations occur, and past census figures are made available, as well as current estimates, for the new places. Since these places did not exist as such at the time of the census, the census figures are separation counts, and do not appear in census publications. IMPORTANT: The municipal estimates for any year are generated independently from those of other years. This practice allows flexibility for improvement in data sources and methods from year to year. Furthermore, changes in municipal populations are heavily influenced by annexations. For these reasons, POPULATION should not be used to track year-to-year trends for municipalities. Instead, its value for the year of interest should be compared with values of census counts to show growth. However, POPULATION can be used at the county level to show year-to- year trends. The state total population may differ from the sum of counties due to rounding of estimates or projections. Source: State Agency Data: Office of the Governor April 19, 2004 Attachment #2 N 0 0.25 0.5 1 1 1 1 1 1 1 1_1 1 Miles 21 6V, '7. MAIDEN fi ` •` ''� IDEN MAIDENS , . MAIDEN s <r..- a �.. •� � . r, I} OL R; 11 MAIDEN ` CATAWBA COUNTY .�._.._ - LINCOLN �• �-, ,ram === �� r� �R �'i COUNTY STREAMS CITY OF MAIDEN, COUNTY BOUNDARY EXTRA TERRITORIAL MAIDEN CITYLIMIT JURISDICTION (ETJ) MAIDEN ETJ AND ROADS This map was created by the Western US 321 WATERSHED Piedmont Council of Governments using the latest data provided by Catawba WS-II County GIS and ESRI. 4/22/04 c5wp mg_projWsWald enZma ll_Malden_Parta l_a nd_H yd rogra phy_Map. mxd North Carolina Waterbodies Listed by County Note: Waterbodies are fisted in more than one county if they cross county lines. Name of Stream Description Curr. Class Date Prop. Class Basin Attachment #3 Report Date: 04117104 Records Found: 100 Search Parameters: County: Catawba Class: SpDes: Name: Desc: Index#: Stream Index # CATAWBA RIVER From U.S. Highway 321 WS-IV,B;CA 08/03/92 Catawba 11-(53) (Lake Hickory Bridge to N.C. Hwy. 127 below elevation 935) Horseford Creek From source to a WS-IV 08/03/92 Catawba 11-54-(0.5) point 0.7 mile upstream of mouth Frye Creek From source to WS-IV 08/03/92 Catawba 11-54-1 Horseford Creek Cripple Creek From source to WS-IV 08/03/92 Catawba 11-54-2 Horseford Creek Horseford Creek From a point 0.7 mile WS-IV,CA 08/03/92 Catawba 11-54-(3) upstream of mouth to Lake Hickory, Catawba River CATAWBA RIVER From M.C. Hwy. 127 to WS-V,B 08/03/92 Catawba 11-(59.5) (Lake Hickory Oxford Dam below elevation 935) Falling Creek From source to Lake C 09/01/74 Catawba 11-60 Hickory, Catawba River Snow Creek From source to Lake C 09/01/74 Catawba 11-61 Hickory, Catawba River Long Shoal Creek From source to Lake WS-V,B 08/03/92 Catawba 11-64 Hickory, Catawba River Naked Creek From source to Lake C 03/01/62 Catawba 11-66 Hickory, Catawba River CATAWBA RIVER From Oxford ❑am to a WS-IV 04/01/99 Catawba 11-(67) (Lookout Shoals point 0.6 mile upstream Lake below of mouth of Lower elevation 845) Little River CATAWBA RIVER From a point 0.6 mile WS-IV;CA 04/01/99 Catawba (Lookout Shoals upstream of mouth of Lake below Lower Little River to elevation 845) Elk Shoal Creek (East Side) Page ) of 7 Name of Stream Description Curr. Class Date Prop, Class Basin Stream Index # Elk Shoal Creek From source to a WS-IV 04/01/99 Catawba 11-71-(0.3) (West Side) point 0.1 mile upstream of Dellinger Creek Elk Shoal Creek From a point 0.1 mile WS-IV;CA 04/01/99 Catawba 11-71-(0.7) (West Side) upstream of Dellinger Creek to Lookout Shoals Lake, Catawba River Dellinger Creek From source to a WS-IV 04/01/99 Catawba 11-71-1-(1) point 0.1 mile upstream of mouth Dellinger Creek From a point 0.1 mile WS-IV;CA 04/01/99 Catawba 11-71-1-(2) upstream of mouth to Elk Shoal Creek CATAWBA RIVER From Elk Shoal Creek WS-IV,B;CA 04/01/99 Catawba ll-(72) (Lookout Shoals (East Side) to Lake below Lookout Shoals Dam elevation 845) CATAWBA RIVER From Elk Shoal Creek WS-IV,B;CA 04/01/99 Catawba ll-(72) (Lookout Shoals (East Side) to a Lake below point 0.5 mile upstream elevation 845) of Lookout Shoals Dam CATAWBA RIVER From Lookout Shoals Dam WS-IV;CA 08/0-1/92 Catawba ll-(74) (Lake Norman to Lyle Creek below elevation 760) CATAWBA RIVER From a point 0.5 mile WS-IV,B;CA 08/03/92 Catawba ll-(73.5) (Lookout Shoals upstream of Lookout Lake below Shoals Dam to Lookout elevation 845) Shoals Dam CATAWBA RIVER From Lyle Creek to WS-IV,B;CA 08/03/92 Catawba ll-(75) (Lake Norman Cowan's Ford Dam below elevation 760) Lyle Creek From source to Bakers C 09/01/74 Catawba I1-76-(0.5) Creek Herman Branch From source to Lyle C 09/01/74 Catawba 11-76-1 Creek Mahaftie Branch From source to Lyle C 09/01/74 Catawba 11-76-2 Creek Bakers Creek From source to Lyle C 09/01/74 Catawba 11-76-3 Creek Lyle Creek From Bakers Creek to WS-IV 08/03/92 Catawba 11-76-(3.5) U.S. Hwys. 64 & 70 Mull Creek From source to Lyle WS-IV 08/03/92 Catawba 11-76-4 Creek Page 2 o; 7 Name of Stream Description Curr, Class Date Prop, Class Basin Stream Index # Lyle Creek From U.S. Flwys. 64 & 70 WS-IV;CA 08/03/92 to Lake Norman, Catawba River McLin Creek From source to C 09/01/74 Catawba County SR 1734 McLin Creek From Catawba County WS-IV 09/03/92 SR 1734 to a point 0.2 mile upstream of Catawba County SR 1722 Long Creek From source to McLin WS-IV 08/03/92 Creek Hagan Fork From source to C 09/01/74 Catawba County SR 1806 Hagan Fork From Catawba County WS-IV 08/03/92 SR 1806 to McLin Creek McLin Creek From a point 0.2 mile WS-IV;CA 08/03/92 upstream of Catawba County SR 1722 to Lyle Creek Unnamed Tributary From source to Lake WS-IV;CA 08/03/92 at Catawba Norman, Catawba River Balls Creek From source to a WS-IV 08/03/92 (hurrays Mill point 0.7 mile upstream Lake) of mouth Gold Mine Creek From source to Balls WS-IV 08/03/92 Creek Balls Creek From a point 0.7 mile WS-IV;CA 08/03/92 upstream of mouth to Lake, Norman, Catawba River Terrapin Creek From source to a WS-IV 08/03/92 point 0.5 mile upstream of mouth Terrapin Creek From a point 0.5 mile WS-IV;CA 08/03/92 upstream of mouth to Lake Norman, Catawba River Holdsclaw Creek From source to point WS-IV,B 08/03/92 0.6 mile upstream of earthen dam Holdsclaw Creek From a point 0.6 mile WS-IV,B;CA 08/03/92 upstream of earthen dam to Lake Norman, Catawba River Beaverdam Creek From source to Lake WS-IV,B;CA 08/03/92 Norman, Catawba River Catawba 11-76-(4.5) Catawba 11-76-5-(0.3) Catawba 11-76-S-W.7) Catawba 11-76-5-1 Catawba 11-76-5-2-(1) Catawba 11-76-5-2-(2) Catawba 11-76-5-(3) Catawba 11-77 Catawba Catawba 11-80-1 Catawba 11-80-{2} Catawba 11-81-(11 Catawba 11-81-(2) Catawba 11-90-(1) Catawba 11-90-(2) Catawba 11-94 Page 3 of 7 Name of Stream Description Corr, Class Date Prop. Class Basin Stream Index # Bettie Creek From source to Lake WS-IV,B;CA 08/03/92 Catawba 11-95 Norman, Catawba River Mountain Creek From source to Lake WS-IV;CA 08/03/92 Catawba 11-96 Norman, Catawba River North Fork From source to a WS-IV 08/03/92 Catawba 11-97-(0.S) Mountain Creek point 0.5 mile upstream of mouth Battle Run From source to North WS-IV 08/03/92 Catawba 11-97-1 Fork Mountain Creek North Fork From a point 0.5 mile WS-IV;CA 08/03/92 Catawba 11-97-(2) Mountain Creek upstream of mouth to Lake Norman, Catawba River South Fork From source to a WS-IV 08/03/92 Catawba ll-98-(0.5) Mountain Creek point 1.0 mile upstream of mouth Jones Lake Entire lake and wS-IV 08/03/92 Catawba 11-98-1 connecting stream to South Fork Mountain Creek South Fork From a point 1.0 mile WS-IV;CA 08/03/92 Catawba Mountain Creek upstream of mouth to Lake Norman, Catawba River Reed Creek From source to a WS-IV 08/03/92 Catawba point 0.7 mile upstream of mouth Reed Creek From a point ❑.7 mile WS-IV;CA 08/03/92 Catawba 11-99-(2) upstream of mouth to Lake Norman, Catawba River Mundy Creek From a point 0.6 mile WS-IV,B;CA 08/03/92 Catawba 11-100-(2) upstream of mouth to Lake Norman, Catawba River Lippard Creek From source to C 08/03/92 Catawba 11-119-1-3 Leepers Creek Link Creek From source to C 08/03/92 Catawba 11-119-1-3-1 Lippard Creek Killian Creek From source to a C 03/01/62 Catawba 11-119-2-(0.5) point 1.2 miles upstream of mouth Wilkinson Creek From source to C 03/01/62 Catawba 11-119-2-2-1-1 Wingate Creek South Fork From source to WS-V 08/01/98 Catawba 11-129-(o.5) Catawba River Catawba -Lincoln County Line Page 4 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Henry Fork From Laurel Creek to C 03/01/62 Catawba 11-129-1-(12.5) South Fork Catawba River Longview Creek From source to Henry C 09/01/74 Catawba 11-129-1-17 Fork Pepsi Branch From source to Longview C 09/01/74 Catawba 11-129-1-17-1 Creek Geitner Branch From source to Henry C 03/01/62 Catawba 11-129-1-18 Fork Barger Branch From source to Henry C 03/01/62 Catawba 11-129-1-19 Fork Muddy Creek From source to Henry C 03/01/62 Catawba 11-129-1-20 Fork Jacob Fork From Camp Creek to a WS-III 08/03/92 Catawba 11-129-2-(9.5) point 0.6 mile upstream of mouth Rock Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-11 Fork Douglas Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-12 Fork Camp Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-13 Fork Hop Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-14 Fork Jacob Fork From a point 0.6 mile WS-III;CA 08/03/92 Catawba 11-129-2-(15) upstream of mouth to South Fork Catawba River (Town of Newton water supply intake) South Fork From Catawba -Lincoln WS-IV 08/01/98 Catawba 11-129-(2.5) Catawba River County Line to a point 0.8 mile upstieam of Lincoln County SR 1008 Pott Creek From source to point C 08/01/98 Catawba 11-129-3-(0.3) 0.3 mile upstream of Lincoln County SR 1217 Cow Branch From source to Pott C 08/01/98 Catawba 11-129-3-1 Creek Sampson Creek From source to Pott C 08/01/98 Catawba 11-129-3-2 Creek Haas Creek From source to Pott C 08/01/98 Catawba 11-129-3-3 Creek Rhodes Mill Creek From source to PoCC C 08/01/98 Catawba 11-129-3-4 Creek Page 5 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Howards Creek From source to South C 08/01/98 Catawba Fork Catawba River Clark Creek From source to a C 08/01/98 Catawba (Shooks Lake) point 0.9 mile upstream of walker Creek Miller Branch From source to Clark C 09/01/74 Catawba (Bolicks Dry Creek Branch) Cline Creek From source to Clark C 09/01/74 Creek Conover Branch From source to Cline C 09/01/74 Creek Hildebran Creek From source to Clark C 09/01/74 (Anthony Creek) Creek Town Creek From source to Clark C 09/01/74 Creek Smyre Creek From source to Town C 09/01/74 Creek Bills Branch From source to Clark C 07/01/95 (Bili Branch) Creek Betts Branch From source to Clark C 07/01/95 Creek Pinch Gut Creek From source to Clark C 09/01/74 Creek Long Branch From source to Pinch C 07/01/95 Gut Creek Maiden Creek From source to a WS-II,HQW 08/03/92 point 0.7 mile upstream from backwaters of Maiden Reservoir Bee Branch From source to Maiden WS-II;HQW 08/03/92 Creek Maiden Creek, From a point 0.7 mile WS-II;HQW, 08/03/92 including upstream from CA Maiden backwaters of Maiden reservoir below Reservoir to dam at elevation 842 Maiden Reservoir Maiden Creek From dam at Maiden C 07/01/95 Reservoir located 680 feet more or less upstream from the bridge on Catawba County SR 1810 to Pinch Gut Creek Stream Index # 11-129-4 11-129-5-(0.3) 11-129-5-1 Catawba 11-129-5-2 Catawba 11-129-5-2-1 Catawba 11-129-5-3 Catawba 11-129-5-4 Catawba 11-129-5-4-1 Catawba 11-129-5-5 Catawba 11-129-5-6 Catawba 11-129-5-7 Catawba 11-229-5-7-1 Catawba 11-129-5-7-2-(1) Catawba 11-129-5-7-2-2 Catawba 11-129-5-7-2-(2.5) Catawba 11-129-5-7-2-(3) Page 6 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Allen Creek From source to a WS-II;HQW 08/03/92 Catawba 11-129-5-7-2-4-(1) point 0.7 mile upstream of Maiden water supply intake Allen Creek From a point 0.7 mile WS-II,,HQW, 08/03/92 Catawba 11-129-5-7-2-4-{2) upstream of Maiden CA water supply intake to Maiden water supply intake Allen Creek From Maiden water C 07/01/95 Catawba 11-129-5-7-2-4-(3) supply intake to Maiden Creek Carpenter Creek From source to Maiden C 07/01/95 Catawba 11-129-5-7-2-5 Creek Shady Branch From source to Pinch C 07/01/95 Catawba 11-129-5-7-3 Out Creek Indian Creek From source to a WS-II;HQW 08/03/92 Catawba 11-129-8-(1) point 0.5 mile upstream of Mill Creek Little Indian From source to Indian WS-II;HQW 08/03/92 Catawba 11-129-8-2 Creek Creek Page 7 of 7 Attachment #4 Town of Maiden Organizational Chart Council Members Name 'Title Term Expires Zane R. Hudson Mayor 2006 Kevin Spiva Pro Tem/Counci1 2006 Bill Brotherton Council 2006 Marsha Howard Council 2006 George McClellan Council 2008 Brad Shelton Council 2008 Planning Board Barbara Brown Board Member NA Richard Cansler Board Member NA Aundria Jones Board Member NA Pat Keener Board Member NA Marcus Midgett Board Member NA Barbara Poovey Board Member NA Sandy Hudson Board Member NA Town Staff Todd Clark Town Manager NA Patricia Miller Finance Officer NA Tracy Ledford Interim Chief of Police NA Eddie Faulkner Public Works Director NA Mike Lingerfelt Sewer Plant Superintendent NA Danny Hipps Recreation Director NA Kevin Sanders Zoning/Code Enforcement Officer NA Burl Shrum Fire Chief NA Wendy Vanover Town Clerk NA Anthony Starr Planning Director NA Attachment 5 Chapter 27 STORM WATER MANAGEMENT ORDINANCE' *Editor's note: Ord. No.94-22, § 1, adopted May2, 1994, enacted provisions pertaining to storm water management and designated as Ch. 27 herein set out. Words in brackets [ ] have been added by the editor for clarity, Cross references., Buildings and building regulations, Ch. 6; fire protection and prevention, Ch. 10; hazardous waste management, Ch. 10.5; nuisances, Ch. 17; planning and development, Ch. 22; soil erosion and sedimentation control, Ch. 24; water, sewers and waste disposal, Ch. 29; zoning, Ch. 30. Art. I. In General, §§ 27-1-27-20 Art Il. Commercial and Residential, §§ 27-21-27-30 Art. Ill. Illicit Discharges and Improper Discharges, §§ 27-31-27-40 Art. IV. Industrial and Related Facilities, §§ 27-41-27-45 Art. V. Construction Site Runoff, §§ 27-46-27-60 Art. VI. Enforcement, §§ 27-51-27-60 Art. VII. Appeals, §§ 27-61-27-65 Art. Vlll. Service Charges and Rates, §§ 27-66--27-68 Art, IX. Annexation, § 27-69 ARTICLE I. IN GENERAL Sec. 27-1. Title. This chapter shall be and is collectively referred to and cited as "The Storm Water Management Ordinance of Greensboro, North Carolina." (Ord. No. 94-22, § 1, 5-2-94) Sec.27-2. Purposes. The purpose of this chapter is to protect and promote the public health, safety and welfare by preventing the introduction of potentially harmful materials into the city storm sewer system; to protect property from potential storm water damage, to maintain and enhance water quality; and to meet the requirements in the City of Greensboro's National Pollutant Discharge Elimination System Permit for Storm Water Discharges. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-3. Objectives. [The objectives of this chapter are the following:] (1) To provide for the enforcement of the city's storm water quality management program; (2) To reduce the discharge of pollutants to the storm sewer system to the maximum extent practicable by requiring, where appropriate, the use of best management practices, structural and/or nonstructural storm water quantity and quality control measures and other provisions; (3) To provide for the inspection and proper maintenance of structural and nonstructural storm water controls and the municipal separate storm sewer; (4) To prohibit non -storm water discharges to the city storm sewer and require the removal of illicit connections to the city storm sewer; (5) To prevent improper disposal of materials that degrade water quality; (6) To permit sampling and monitoring for pollutants such as those associated with illicit discharges, improper disposal, industrial and construction activities, and the application of pesticides, herbicides, and fertilizers; and (7) To reduce erosion' associated with storm water runoff. (Ord. No. 94-22, § 1, 5-2-94) See.27-4. Jurisdiction. The provisions of this chapter shall apply to all the territory encompassed in the City of Greensboro, North Carolina and shall govern the development and use of land and structures therein_ (Ord. No. 94-22, § 1, 5-2-94) Sec.27-5. Authority. This chapter is adopted pursuant to the following authorities in NCGS: Chapter 15 (Criminal Procedure), Chapter 113A (Pollution Control and Environment), Chapter 130A (Public Health), Chapter 160A (Cities and Towns). (Ord. No. 94-22, § 1, 5-2-94) Sec.27-6. Abrogation. This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-7. Definitions. [For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto:] Best management practice (BMP). A structural or nonstructural management - based: practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals. (Ref; Section 30-2- 2.2) Built -upon area. That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel (for pedestrian or vehicular use), recreation facilities (e.g. tennis courts), etc. (Note: wooden slatted decks and the water area of a swimming pool are not considered built -upon area.) Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of the city storm sewer. Conveyance. Any feature of the landscape or earth, manmade or natural, that carries water in a concentrated flow. Developer. A person engaged in land, site, or building development. (Ref: Section 30-2-2.7.) Discharge. Additions of pollutants into waters of the United States from: Surface runoff which is collected or channelled by man; discharges through pipes, sewers, or other conveyance owned by a stated municipality, or other person which does not lead to a treatment works; and discharges through pipes, sewers, or other conveyance, leading into privately owned treatment works. (Ref: 40 CFR 122.2) Ditch/swale. Open channel that infiltrates and/or transports runoff waters, Drainage. The flow of runoff into a conveyance. Drainage easement. An easement which grants to the city council the right to maintain conveyances of drainage structures. (Ref: Section 30-2-2.4) Easement. A grant of one (1) or more of the property rights, by the property owner, to, or for use by, the public, a corporation, or other entity. (Ref: Section 30-2-2.4) Erosion. The wearing away of land surface by the action of wind, water, gravity, or any combination thereof. (Ref: Section 30-2-2.5). Garbage. Animal and vegetable refuse resulting from the handling, preparation, cooking and consumption of food, including a minimum amount of liquid necessarily incident thereto. (Ref: Section 25-1). Having control over. Shall mean but not be limited to any person using, transferring, storing, or transporting a hazardous material immediately prior to release of such hazardous material on the land or into the air or the waters of the city. (Ref: Section 10-33) Hazardous material. Any substance which, when discharged in any quantity, may present an eminent and substantial danger to the public health or welfare or to the environment. (Ref: Section 10-33) Hazardous material response. The sending of fire department equipment to abate hazardous materials which endanger the health or safety of persons or the environment. (Ref: Section 10-33) Illicit discharge. Any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities. (Ref: 40 CFR 122.26(b) (2)) impervious surface. An area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include but are not limited to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Municipal separate storm sewer. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains). (Ref: 40 CFR 122.26(b) (8)) National Pollutant Discharge Elimination System (NPDES). A permitting system established by Section 402 of the Clean Water Act. Permits are issued by the State of North Carolina for discharges directly to the surface waters of the state. New development. Any activity for which a building permit or a grading permit is required, or any of the following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating, transporting, and filling of land. Outfall. A point source at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separate storm sewers; or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. (Ref: 40 CFR 122. 25(b) (9)) Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or their legal representative agents or assigns. Preliminary plat. A map indicating the proposed layout of the subdivision showing lots, streets, water, sewer, storm drainage, and any other information required in Appendix 2 (Map Standards) (Ref: Section 30-2-2.7.) Refuse. Solid waste, including but not limited to garbage, rubbish and ashes. (Ref: Section 25-1.) Riparian buffer or stream buffer. An area of native or. non-native woody vegetation adjacent to a stream or other natural conveyance of water or storm water. Soil erosion and sedimentation plan. The graphic plan, including narrative where appropriate, required by the development ordinance as a prerequisite for a grading permit, the purpose of which is to explain existing conditions and proposed grading of land including any development and to describe the activities and measures to be undertaken to control accelerated soil erosion and sedimentation. (Ref: Section 30-2- 2.5.) Substantial redevelopment. An increase or change in impervious area that impacts the municipal storm sewer system. Storm water. Storm water runoff, snow melt runoff, and surface runoff and drainage. (Ref: 40 CFR 12226(b) (13)) (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 1, 12-5-00) Sec.27-8. Acronyms. [The following acronyms are used in this chapter] ABEQ--Advisory board for environmental quality. BMP--Best management practice. CFR--Code of Federal Regulations. DEHNR--Department of Environmental, Health, and Natural Resources. DEM--Division of environmental management. G WA --General watershed areas. NCGS--North Carolina General Statutes. NPDES--National pollutant discharge elimination system. SWPPP--Storm water pollution prevention plans. SWQMR-Storm water quality management program. WCA--Watershed critical area. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-9. Right -of -entry. (a) The city manager or his designee shall have right -of -entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. The city manager or his designee shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter. (b) Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city manager or his designee will be permitted to enter without delay for the purposes of performing specific responsibilities. (c) The city manager or his designee shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations. (d) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the city manager or his designee. The costs of clearing such access shall be bome by the person. (e) The city manager or his designee may inspect the facilities of any user in order to ensure compliance with this chapter. Such inspection shall be made with the consent of the owner, manager, or signatory official. If such consent is refused the city manager or his designee may seek issuance or an administrative search warrant. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-10. Assessments. (a) Property owners of single-family homes, townhouses and condominium properties can request that city council approve a resolution that allows storm water improvement costs to be assessed against the property as a lien. (b) The city council shall determine which storm water improvements inside the city shall be provided and the type of solution, either piping or non -piping, for the improvement. The council shall likewise determine the amount of construction cost to be borne by the abutting property owners and the amount to be bome by the city, (c) The assessment formula for storm water improvements using a piping solution shall be set at a rate that recovers one hundred (100) percent of the construction cost, including engineering, labor and materials of a fifteen -inch storm water pipe or a rate not to exceed fifty (50) percent of the total project cost, whichever is less. The assessment formula for storm water improvements using a non -piping solution shall be set at a rate of ten (10) percent of the cost, including engineering, labor and materials. The assessment rate will be reviewed for any necessary adjustments once a year in coordination with the annual budget process. (d) Upon receiving notice of completion of a stormwater management project, city council shall confirm all assessment obligations in said project and shall call for advertisement of same in a local newspaper published at least weekly and which is generally available to Greensboro citizens. Such advertisement shall run within forty-five (45) days following the date of confirmation . and shall inform that all. listed assessment obligations may be fully satisfied, without interest, if payment - in -full of the total principal balance is received by the tax collector within ninety (90) days following the date of confirmation. (e) Assessment accounts not paid in full within ninety (90) days following the confirmation date shall be scheduled for payment in substantially equal installments, plus interest on the whole unpaid principal balance. Such interest shall be computed from the date of confirmation at a rate fixed in the assessment resolution, with said rate not exceeding the maximum allowed by law. The first installment shall become due and payable no later than one (1) year (three hundred sixty-five (365) days) following confirmation, with subsequent installments being due and payable on the regular and sequential cycle of the installment frequency (monthly, quarterly, semi-annually or annually) elected by the obligee(s) and with the final installment being due and payable by not later than one hundred twenty (120) months after the confirmation date. If the obligee expresses no preference as to payment frequency the assessment obligation MI be scheduled for payment in ten (10) annual installments. Upon approval of the tax collector, the frequency of payment for existing assessment accounts may be changed for the economic and budgetary convenience of the obligee, with the first such change being granted without charge and with subsequent changes being granted with a transaction fee of thirty-five dollars ($35.00). (f) At any time after the first ninety (90) days in the life of an assessment account the full principal balance may be paid in full with all accrued interest and without early payoff penalty. (Ord. No. 99-97, § 1, 6-15-99; Ord. No. 00-46, § 1, 3-7-00; Ord. No, 02-103, § 1, 6-18- 02) Secs.27-11--27-20. Reserved. ARTICLE II. COMMERCIAL AND RESIDENTIAL Sec. 27-21. New development. (a) Drainage. (1) It shall be the duty of all property owners, in order to abate and prevent nuisances resulting from improper drainage, to provide at their own expense a proper and adequate drainage system of their respective premises, such drainage system to conform to the design established by the city. (Ref: Section 29-30) (2) Rainwater leaders shall not extend beyond the building or property line, but shall be built in chases or on the inside of the wall, and shall not empty on any street or sidewalk. (Ref; Section 6-27) (3) No person shall construct or install any ditch, pipe or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of city street, water, sanitary sewer or storm sewer facilities without a permit issued by the city manager or his designee upon a finding that such city facilities will not be adversely affected by such construction or installation. (Ref: Section 29-29) (b) Subdivisions. (1) Requirements. a. For drainage requirements refer to Chapter 30 Zoning, Planning and Development, Article VI, Subdivisions: Procedures and Standards, section 30-6-13.7.. Drainage. b. Street and utility construction plans for all street, water, sanitary sewer, and storm sewer facilities shall be submitted to the city following preliminary plat review but shall not be reviewed until the street and utility network on the preliminary plat has been found generally satisfactory by the technical review committee. For each subdivision section, the street and utility construction plans shall include all improvements lying within or adjacent to that section, as well as all water, sanitary sewer, and storm sewer lines lying outside that section and being required to serve that section. No street and utility construction plans shall be approved until the preliminary plat has been approved. (Ref: Section 30-6-8.1) (2) Maintenance. a. Rights -of -way and easements. The approval and recordation of a plat constitutes dedication to and acceptance by the city and the public of the right-of-way of each public street, alley or utility or drainage easement shown on such plat. The approval and recordation of a plat does not constitute acceptance of maintenance responsibility within such right-of-way or easement. Improvements within such rights -of -way or easements, such as utility lines, street paving, drainage facilities, or sidewalks, may be accepted for maintenance by the city council or by the (c) (d) (e) administrative officer authorized to inspect and, where appropriate, accept the dedication of such improvements. (Ref: Section 30-6-3.3(A)) b. In accordance with city policy the developer shall be responsible for establishing proper connections with existing storm sewer lines and shall bear ultimate responsibility for the correction of any problems associated with that connection. (See Greensboro's Roadway and Utility Design Manual) Soil erosion and sedimentation control. (1) Incorporation of section 30-7-4 (Soil Erosion and Sedimentation Control). This section incorporates by reference the requirements of section 30-7- 4, Soil Erosion and Sedimentation Control. Water supply watershed districts, (1) Incorporation of section 30-7-1 (Water Supply Watershed Districts); section 30-7-2 (General Watershed Areas); section 30-7-3 (Watershed Critical Areas). This section incorporates by reference the requirements of section 30-7-1, Water Supply Watershed Districts; section 30-7-2, General Watershed Areas; section 30-7-3, Watershed Critical Areas. Additional requirements. (1) Parking lot construction and paving. No new parking lot, loading dock construction, or the construction of similar structures or the grading/or paving of existing parking lots, loading docks, or similar structures shall be undertaken until the developer obtains a permit from the city. The site shall be inspected before, during and after construction. Any violation of the permit shall result in permit revocation and cessation of construction until the violations are corrected. (2) Stormwater management The design, construction, and maintenance of stormwater improvements to meet the requirements of section 27-22 or section 30-7 shall be according to the City of Greensboro Stormwater Management Manual under the specifications and requirements as set out by the city manager and on fie in the office of the city clerk, which specifications and requirements are hereby adopted and made a part of this chapter as if set out in full. (3) Reserved for: Development Policy Manual (4) Responsibility of property owner. It shall be the responsibility of the property owner to correct drainage controls on individual properties that do not function property or are not constructed according to their design. (5) New storm sewer design and construction. All new storm sewers shall be constructed according to the City of Greensboro Storrs Sewer Design Manual. (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-54, §§ 3--6, 4-4-00) Sec. 27-22. Stormwater management control requirements. (a) (b) (c) (d) Purpose. (1) The purpose of the "Stormwater Management Control Ordinance" is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased stormwater runoff associated with new development or redevelopment within the City of Greensboro. Proper management of stormwater runoff, including the provision of appropriate stream buffers, will minimize damage to public and private property, promote a functional storm drainage system, reduce local flooding and drainage problems, and maintain, to the extent practicable, the pre - developed stormwater runoff characteristics of the developed site. Applicability. (1) Coverage. This section (Stormwater Management Control Requirements) applies to the following type of developments. a. All sites containing new development and/or redevelopment including grading, paving, gravel placement, and construction of buildings and other structures within the corporate limits and the extraterritorial jurisdiction of the City of Greensboro. b. The construction and installation of new public improvements by local government agencies shalt comply with the provisions of this article to the extent practicable. Participation in a regional stormwater management facility. (1) Where permitted. Where a regional stormwater management facility has been established by one (1) or more local governments, or by an authority operating on behalf of one (1) or more local governments, a development may participate in said program in lieu of any certification of runoff control required by this article, provided that: a. Runoff from the development drains to an approved existing or proposed public regional stormwater management facility that will be operational within two (2) years; b. Participation is in the form of contribution of funds, contribution of land, contribution of stormwater management facility construction work, or a combination of these, the total value of which shall be in accordance with fee schedule adopted by the City Council; and c. The technical review committee finds that the stormwater management plan is in compliance with all other applicable requirements of this article. (2) Use of contributions. Each contribution from a development participating in a regional stormwater management facility shall be used for acquisition, design, construction or maintenance of one (1) or more such facilities in the same watershed in which the development is located. Stormwater management plan. (1) Plan required. A stormwater management plan and separate maintenance plan in accordance with the requirements of this article shall be submitted to the enforcement officer and shall include all applicable information listed in the Stormwater Management Manual and the Storm Sewer Design Manual. The stormwater management plan may be combined with any required watershed development plan. (2) Plan approval. The technical review committee is authorized to approve the stormwater management plan, which is in conformance with the requirements of this article. Approval of the stormwater management plan must be as follows: a. Site plans: The stormwater management plan and separate maintenance plan must have approval prior to or concurrent with site plan approval. Preliminary subdivision plats: The stormwater management plan must have approval prior to or concurrent with preliminary subdivision plat approval except that when a stormwater management improvement is proposed, the construction plan details including proposed grading, dimensions, calculations, etc. for the proposed improvement and the separate maintenance plan may be approved following preliminary subdivision plat approval. The construction plan details and separate maintenance plan must be approved prior to issuance of any permits as specified in section 27-22(d)(3). (3) Approved plan a prerequisite. The enforcement officer is not authorized to issue any permits, except as provided in section 30-3-4.2 (Permits Issued Prior to Site Plan or Preliminary Plat Approval) of the Greensboro Development Ordinance, for development on any land unless and until a stormwater management plan, that is in compliance with the requirements of this section, has been approved. (4) Plan certification requirement for structural stormwater management improvements. Where a structural stormwater management improvement is required for a development to meet the requirements of this article, a North Carolina licensed professional engineer shall sign and seal a certification on the plan that the plan meets all stormwater management requirements of this section. (e) Stormwater management improvements. (1) Construction of improvements. a. The construction of all structural stormwater management improvements, shown on an approved stormwater management plan shall be substantially completed prior to final plat recordation or issuance of any building certificate of compliance. Upon approval by the enforcement officer, a surety for the completion of stormwater management improvements may be given to the City of Greensboro in order to record the final plat. b. Final approval of the installed stormwater management improvements is required at the time of issuance of the final building certificate of compliance. If neither a building permit nor a grading permit is required for a site, then the installation of the required structural stormwater management improvements shall be substantially completed or a surety for completion must be obtained prior to installation of any built -upon area on the site, An engineer's certification of completion of the foram below (which is identical to Table 30-7-1-6 of the Greensboro Development Ordinance), shall be required prior to final approval by the enforcement officer. Table 30-7-1-6 ENGINEER'S CERTIFICATION OF STORMWATER CONTROL COMPLETION The engineer's certification, required according to section 30-7-1.6(B) of the Greensboro Development Ordinance and section 27-22(e) of the Stormwater Management Ordinance upon completion of permanent stormwater control structures, shall be of the following form: ENGINEER'S CERTIFICATION OF STORMWATER CONTROL COMPLETION I certify that, pursuant to generally accepted engineering standards in the community, it is my professional opinion that the permanent stormwater control(s) labeled as T on this plat (or on liame ofplat) as recorded in PB PG in the Office of the Guilford County Register of Deeds) has been completed in conformance with the plans and specifications approved on (approval date), has its full design volume available, and is functioning as designed. P.E. SEAL SIGNATURE DATE (2) Recordation of permanent improvements. All permanent stormwater management improvements and associated access/maintenance easement(s) shall be recorded on a final plat, and if required by section 27-22(e)(3), a mechanism to ensure their maintenance shall be established concurrent with or prior to plat recordation. (3) Maintenance responsibility. a. When a stormwater management improvement serves more than one (1) parcel, an owners' association or binding contract for the purpose of maintenance is required. See section 30-6-10.1, Establishment of Owners' Association, of the Greensboro Development Ordinance. b. The owner or owners' association shall be responsible for maintaining the completed stormwater management improvement as directed by the governmental office having jurisdiction for stormwater management or by the approved maintenance plan. If an owners' association is responsible for the maintenance of the stormwater management improvements such responsibility must be stated in the association declaration. An underground oversized storm sewer system which is approved through TRC for acceptance and maintenance by the city, carries public waters and is located either in the dedicated street right-of-way or drainage maintenance and utility easement is exempt from this requirement. The enforcement officer has the authority to inspect stormwater management improvements and to notify the responsible property owner or owners' association when maintenance or repairs are required. All required repairs and maintenance shall be performed within ninety (90) days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the city may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners' association. (f} Stream protection requirements. (1) Stream channelization1piping. a. Perennial streams, as defined by the Stormwater Management Manual, within a designated water supply watershed may not be channelized or piped, except for channelization permitted pursuant to section 30-7-1.8(C), Stream Channelization. b. Perennial streams that are outside of a designated water supply watershed and other streams that are not classified as perennial may be channelized or piped, but only after obtaining all applicable federal and state permits and certifications. (2) Stormwater management stream buffers. On any streams where section 30-7-1.8, Stream Buffer Required, requires a stream buffer, this section will require the same buffer. On all other streams, or section of streams, to which this section applies, stream buffers with minimum widths as specified below shall be maintained along all open (1) perennial streams, as defined by the Stormwater Management Manual, and (2) drainage channels draining an area equal to or larger than fifty (50) acres. a. The buffer shall consist of two (2) strips of land totaling a minimum total width of fifty (50) feet on each side of the water body: The first strip of land has a minimum width of fifteen (15) feet measured horizontally from and perpendicular to the top of stream bank, or the top of slopes steeper than fifteen (15) percent, or the edge of contiguous sensitive areas (i.e. wetlands). This first strip of land and the area between this first strip of land and the first strip of land on the other side of the water body is to be maintained free from development including disturbance of the soil, grading or filling, erection of structures, fences or placement of built -upon surfaces except those associated with street and driveway crossings, utility crossings, and installation of stormwater management facilities where no practicable alternative exists. The second strip of land has a minimum width of thirty-five (35) feet measured horizontally from and perpendicular to the landward edge of the first strip of land. This second strip of land is to be maintained free from occupied structures and shall maintain a built -upon area below fifty (50) percent with the exception of public or private street crossings. (g) Stormwater management requirements. (1) Stormwater management requirements for all new development and redevelopment shall consist of, as a minimum, runoff control measures necessary to control runoff to a level which will not cause increased off - site quantity problems as specified in (2) and (3) below. (2) Quantity control requirements. a. The engineer shall provide a certification that said development or redevelopment would not cause increased offsite flooding, drainage, or erosion problems. Determination of impacts shall be based on hydrologic and hydraulic engineering studies extending downstream to a point where the proposed site development or redevelopment represents less than ten (10) percent of the total drainage area or watershed. The studies shall be based on an analysis of both two- and ten-year storm events. (see Stormwater Management Manual). b. Where it is determined that the development of the said site does contribute to flooding, drainage or soil erosion problems at any location between the proposed development site and the ten (10) percent downstream point then stormwater quantity control improvements must be implemented. The stormwater quantity control improvements must limit the two-year and ten-year post - development peak discharge rates to pre -development peak discharge rates, to minimize increased flooding, drainage, and erosion problems. These improvements may consist of nonstructural approaches such as natural swales, depressions in the land and other natural approaches, or structural approaches such as detention structures (wet and dry basins), extended detention facilities and alternative best management practices with provisions for stormwater quantity control. A combination of nonstructural and structural approaches is encouraged. C. For stormwater management improvements that are proposed to be implemented to meet the quantity control requirements of this section, a hydrologic -hydraulic analysis of the site drainage system in the pre -development condition and the post - development condition shall be performed. The analysis should be included with the stormwater management plan and should demonstrate that the quantity control requirements stated in section 27-22(h)(2) will be achieved by the proposed improvements. These improvements shall be subject to review and approval by the enforcement officer. (3) Developments that meet the requirement for being identified as an integrated multiple use developments, planned unit developments, phased developments or group developments can meet the requirements of section 27-22(g) at the point the discharge leaves the overall property. (h) Master plan requirements. It is the intent of the City of Greensboro to produce stormwater quantity and quality management master plans to guide the design and development of the drainage system for all of the major sub -watersheds and watersheds in the city. Where such master plans are available and approved by the city council, site development projects are to conform to the stormwater management guidance and standards available in said master plans. (i) Additional requirements. If site characteristics indicate that complying with the minimum stormwater management requirements of this section will not provide adequate designs or protection for local residents, and downstream property, it shall be the site designer's responsibility to exceed the minimum requirements as necessary. (j) Exempt activities. The following activities are exempt from the requirements of section 27-22(g). However, any restrictions upon building location, drainageways, pavement, or other built -upon area, or any other matter appearing on any previously approved development plan covering the subject property, shall be complied with unless and until replaced by an approved revised plan. (1) Individual single-family housing on an individual lot. (2) Replacement of existing built -upon area with like or lesser amount of new built -upon at the same location, or at a different location on the same zone lot if the enforcement officer has determined that equal or improved stormwater management will result. (3) Placement of small accessory buildings or structures or small amounts of additional built -upon area provided that the total additional built -upon area is no greater than four hundred (400) square feet. (Ord. No. 99-35, § 1, 3-16-99; Ord. No. 00-54, § 1, 4-4-00; Ord. No. 01-79, § 2, 4-3-01) Editor's note: Section 2 of Ord. No. 00-54, adopted April 4, 2000, in part, provided as follows: "Property covered by one or more of the following will be exempt from this ordinance [Ord. No. 00-541: 1. Unified Development Plan approved prior to April 4, 2000. 2. Preliminary Subdivision Plat approved between July 1, 1997 and April 4, 2000 or covered by an earlier preliminary plat that remained valid (refer to Section[s] 30-6-7.8 and 30-6-12) at any time during this period. This exemption also applies to the placement of one principal building and accessory structures on each lot. 3. Site plan approved between July 1, 1997 and April 4, 2000 or covered by an earlier site plan that remained valid (refer to Section 30-3-11,4(F)) at any time during this period. Secs.27-23--27-30. Reserved. ARTICLE III. ILLICIT DISCHARGES AND IMPROPER DISPOSAL Sec. 27-31. Prohibited discharges. (a) Illicit connections. (1) It shall be unlawful to use any stream or watercourse to carry off water from any kitchen sink, bathtub or privy, or to carry off any fluid of an offensive or dangerous nature. No water or refuse from any industrial, commercial or institutional process, including uncontaminated water used for heating or cooling, shall be discharged in any stream or watercourse by any person until such person has obtained the appropriate local, state and federal permits. (Section 18-5(e)) (2) Street and utility construction a. Plans. When required, street and utility construction plans for all public or private street and water, sanitary sewer, and storm sewer facilities shall be submitted to the city following conditional approval or approval of the site plan. For each phase of the site plan, street and utility construction plans shall include all improvements lying within or adjacent to that phase and all water, sanitary sewer, and storm sewer lines lying outside that phase and being required to serve that phase. b. No construction without plan approval. None of the improvements listed above shall be constructed until the street and utility construction plans for such improvements have been reviewed and approved by the city. C. Inspections. Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the city. (Ref: Section 30-3-11.3(A)(B)(C)) (3) It shall be unlawful, wilfully or negligently to injure, deface, mutilate, destroy, tamper or interfere with any city -owned property or any property used in the city's water, sanitary sewer or storm sewer, police or fire alarm system. (Ref: Section 18-2) (4) In accordance with city policy permits shall be required before the construction of any connection to the municipal separate storm sewer. (See City of Greensboro's Roadway and Utility Design Manual) (b) Improper disposal. It shall be unlawful for any person to discharge non -storm water to any storm water conveyance with the exception of the following: (1) Water line flushing; (2) Diverted stream flows; (3) Rising ground waters; (4) Uncontaminated ground water infiltration (as defined at 40 CFR (c) (d) 35.2005(20)) to separate storm sewers; (5) Uncontaminated pumped ground water discharges from potable water sources; (6) Foundation drains; (7) Air conditioning condensation; (8) Irrigation water; (9) Springs; (10) Water from crawl space pumps; (11) Footing drains; (12) Lawn watering; (13) Car washing at one's residence, not for hire; (14) Flows from riparian habitats and wetlands; (15) Dechlohnated swimming pool discharges; (16) Street wash waters; and (17) Discharges from firefighting. Litter and refuse control. (1) It shall be unlawful to throw, place or deposit any refuse in any street, public place, on any private property, or in any conveyance within the city limits, except in garbage cans or garbage receptacles as provided in chapter 25, or as approved by the city manager or his designee. (Ref: Section 25-3(a)) (2) It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any of the sidewalks in the city or upon the floors of any churches, public halls, theaters, buses or other public places. It shall be unlawful for any person to place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or containers or any kind upon any median strip, alleyway, street or street right-of-way, park or grass strip, or in any conveyance, or upon the private premises of another without permission of the owner or person in control of such premises, or upon any public property; provided, however, that the provisions of this section do not apply to those materials required to be placed for collection on the grass or park strip by chapter 10 of this Code. (Ref: Section 26-11) Organic waste. (1) Loose leaves shall be collected at curbside by city forces from October 1 through the second Wednesday in January. All other times during the year, leaves shall be bagged or containerized in approved receptacles. (Ref: Section 25-32(c)) (2) It shall be the duty of the property owner to keep leaves that have been piled for fall leaf collection out of the gutter, inlet, catch basin, or side ditch. (3) It shall be unlawful to place stumps or any organic materials on any property, public or private, except in those specific areas designated for such use by the city manager or his representative. (Ref: Section 26-3(b)) (4) It shall be unlawful to place grass clippings, leaves, tree and shrub clippings, or any other yard wastes in any street, storm drain, stream, storm water conveyance, or any other location where concentrated storm water flows will wash such wastes into the storm sewers. (5) No privy, pigpen or stable of any kind shall be permitted to stand so near any stream, ditch, drain, or storm water conveyance of any kind that the droppings therefrom will run into such stream, ditch, drain, or storm water conveyance or in any way poison or contaminate the water therein; nor shall the urine from any privy be allowed to fall or be emptied into any stream, ditch, drain, or storm water conveyance. (Ref: Section 18-5(d)) (6) Every owner and/or person in possession of any premises across through which any stream or open ditch runs, or on which any body of water is impounded, shall keep the banks and edges of the stream, ditch or body of water free and clear of accumulations of debris which might block, hinder, or obstruct the natural flow of water in swales, streams, creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 2, 12-5-00) Sec. 27-32. Spill response. (a) Purpose and authority. The Greensboro Fire Chief or his designee shall have the authority to summarily abate, control and contain hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment. The fire chief or his designee shall have the authority to enter public or private property with or without the owner's consent, to respond to such hazardous materials emergencies. The fire chief or his designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate, control and contain all hazardous materials which are emitted into the environment. (Ref: Section 10-30) (b) Responsibility, • fees and charges.. The property owner and/or the person exercising control over the hazardous materials that create the hazardous material emergency shall be held financially liable br the response, control, containment, equipment, and materials costs incurred by the city fire department during the emergency. The property owner and/or person exercising control over such hazardous material, may provide personnel to assist abatement, removal and remedial measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of state and federal laws. The City of Greensboro shall not be liable for the use of outside personnel. Assistance shall consist of any or all of the following: (1) Informing fire department personnel of all matters pertaining to the incident; (2) Supplying emergency response plan information for the site; (3) Supplying emergency response equipment, personnel and materials. The city will charge for abatement, control and containment of hazardous material responses or fire incidents involving hazardous materials which accrue more than one hundred dollars ($100.00) in charges. In all cases the first one hundred dollars ($100.00) of expenses shall not be charged to the person in default. Charges for hazardous materials emergency response on behalf of the city by the fire department shall be based upon the following schedule: (1) Engine response shall be one hundred dollars ($100.00) for each hour, or any part thereof. (2) Additional engine response shall be one hundred dollars ($100.00) for each hour, or any part thereof. (3) Hazardous materials unit response shall be one hundred seventy-five dollars ($175.00) for the initial hour, or any part thereof, and one hundred dollars ($100.00) for each additional hour, or any part thereof. (4) Ladder truck response shall be fifty dollars ($50.00) for each hour, or any part thereof. (5) Squad truck response shall be fifty dollars ($50.00) for each hour, or any part thereof. (6) Battalion chief response shall be no charge for the initial hour, twenty-five dollars ($25.00) for each additional hour or any part thereof. (7) Any other actual costs of abatement, control and containment of the hazardous materials other than set out above. Failure to pay the charges as assessed shall give the city a right to levy a lien upon the land or the premises where the hazardous material emergency arose and the levy shall be collected in the same manner as unpaid taxes pursuant to the authority of N.C.G.S. 160-A 193. (Ref: Section 10-31) (c) Fire incidents involving hazardous materials. In fire incidents that involve hazardous materials or an exposure to hazardous materials, no fee will be assessed for resources normally associated with firefighting operations. Fees shall be assessed for those activities and resources (reference section 10-31) associated with the abatement, control and containment of the hazardous materials involvement or exposure which accrues more than one hundred dollars ($100.00) in charges. (Ref: Section 10-32) (Ord: No. 94-22, § 1, 5-2-94) Secs, 27-33--27-40, Reserved. ARTICLE IV. INDUSTRIAL AND RELATED FACILITIES Sec. 2741. Review of storm water pollution prevention plans. The city may review the storm water pollution prevention plans required under a facility's NPDES storm water discharge permit when outfall monitoring or the illicit dischargelimproper disposal program locates a suspected violator. (Ord, No. 94-22, § 1, 5-2-94) Secs.27-42--27-45. Reserved. ARTICLE V. CONSTRUCTION SITE RUNOFF Sec. 27-46. Self inspection records. The city's manager or his designee may review on request the self -inspection record required for sites with land -disturbing activity greater than five (5) acres. Site operators who do not supply the requested information shall be reported to OEM for permit noncompliance. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-47. Runoff control structures. Runoff control structures shall be constructed and maintained according to the specifications in the development ordinance (Chapter 30) and the North Carolina Erosion and Sediment Control Planning and Design Manual. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-48--27-50. Reserved. ARTICLE VI. ENFORCEMENT Sec.27-51. Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this article and by state law: (1) Development without permit. To engage in any development, use, construction, remodeling, or other xtivity of any nature upon land or improvements thereon subject to the jurisdiction of this chapter without all required permits, certificates, or other forms of authorization as set forth in this chapter. (2) Development inconsistent with permit. To engage in any development, use, construction remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. (3) Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the city council or its agent boards upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon. (4) Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this chapter or any other regulation made under the authority conferred thereby. (5) Continuing a violation. To continue any of the above violations is a separate and distinct offense each day. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-52. Civil penalties. (a) Illicit connections. (1) Any person who is found responsible for an illicit connection shall receive a notice of violation when the connection is discovered. The person shall have thirty (30) days to remove the connection. At the end of that time if the connection has not been removed, the city may enter the property and take measures necessary to remove the connection and perform whatever cleanup or abatement is necessary. If the person fails to remove the connection in the time prescribed, the city may petition the superior court of justice, for the issuance of an injunction to compel removal and payment; however, removal of the illicit connection shall be immediate upon the determination of the storm water services division that the connection poses an imminent threat to public health. (2) If any person who previously has been found to have an illicit connection reconnects to the municipal separate storm sewer, he shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). The penalty shall increase by twenty-five percent (25%) of the previous penalty amount for every subsequent illicit connection made by the same person. The penalty shall be additional to the cost of cleanup and abatement. if the person has or is required to have a storm water discharge permit from the state division of environmental management, the city shall alert the appropriate state authorities of the violation. In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally, g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and The costs of enforcement to the City of Greensboro. (b) Improper disposal. (1) Process wastewater. Any person who is found to have improperly disposed of process wastewater to the municipal separate storm sewer shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and h. The costs of enforcement to the City of Greensboro. (2) Bulk sales. Any person who is found to have improperly disposed of any substance that was purchased at a bulk sales location which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or Failing to comply with the storm water duality management program, and h. The cost of enforcement to the City of Greensboro, (3) Household products. Any person who is found to have improperly disposed of any substance that was purchased over-the-counter for household, in quantities considered normal for household purposes, which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed five hundred dollars ($500.00). In determining the amount of the civil penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and h. The costs of enforcement to the City of Greensboro. (4) Yard waste. Any person who is found to have improperly disposed of leaves, grass clippings, or other yard wastes shall be assessed a civil penalty not to exceed five hundred dollars ($500.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with the storm water quality management program; and h. The costs of enforcement to the City of Greensboro. (5) Repeat violation. If a person is found to be responsible for more than one (1) instance of improper disposal, the penalty shall increase by twenty- five percent (25%) of the previous penalty amount for each subsequent improper disposal. The penalties shall be additional to the cost of clean - Lip and abatement. (6) Watershed areas. The penalty assessed for any of the above violations shall be increased by twenty-five percent (25%) of the amount assessed if it occurs in any designated water -supply watershed area. (7) Failure to report. The penalty assessed for any of the above violations shall be increased by twenty-five percent (25%) of the amount assessed for any spill not properly reported by the violator once he has knowledge of the violation. (c) In the event there are subsequent penalties assessed by the state against the city for improper disposal or illegal dumping, or illicit connection into the municipal separate storm sewer system as identified in Section 27-52 (a) and (b), caused by any person, such person shall be assessed the equivalent amount of civil penalty. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-53. Public nuisances. (a) Nuisances. The following enumerated and described conditions are found, deemed and declare to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the city and are found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on lands dedicated to and/or accepted by the city as natural stream corridors, floodplain and/or open space which are established in order to preserve natural greenways, vegetative stream buffers, and/or natural connecting networks along floodways, streams, and creeks are deemed and. declared as exceptions for the purpose of enforcement of this article. (1) Any condition which constitutes a breeding ground or harbor for rats, mosquitoes, harmful insects, or other pests. (2) A place of dense growth of weeds or other noxious vegetation over twelve (12) inches in height. (3) . An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials or objects of a like nature. (4) An open place of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind. (5) Hides, dried or green, provided the same may be kept when thoroughly cured and odorless. (6) Any furniture, appliances, or metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas of confinement. (7) Any condition which blocks, hinders, or obstructs in any way the natural flow of water in swales, streams, creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. (Ref. Section 17-1(1)(3)(4)(6)(7)). (b) Notice to abate, emergency abatement by city. If any person shall violate the provisions of section 17-1, it shall be the duty of the city manager or his designee to give notice to the owner or to any person in possession of the subject property, as provided by section 17-3, directing that all unlawful conditions existing thereupon be abated within ten (10) days from the date of such notice; provided, that if, in the opinion of the city manager or his designee, the unlawful condition is such that it is of imminent danger or peril to the public, then an authorized public works representative may, without notice, proceed to abate the same, and the cost thereof shall be charged against the property as is provided in section 17-5 (Ref: Section 17-2) (c) Abatement by city where owner fails to abate. Upon the failure of the owner or person in possession of any premises to abate any unlawful condition existing thereupon within the time prescribed by section 17-2, it shall be the duty of an authorized public works representative to cause the removal and abatement of such unlawful condition therefrom pursuant to section 17-5(a)). (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 3, 12-5-00) Sec.27-54. Remedies. Any or all of the following procedures may be used to enforce the provisions of this chapter. (1) Injunction. Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. (2) Civil penalties. Any person who violates any provision of this chapter shall be subject to the assessment of a civil penalty under the procedures provided in section 27-52 (Civil Penalties). (3) Denial of permit. The city manager or his designee shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, or use in which there is an uncorrected violation of a provision of this chapter, or of a condition or qualification of a permit, certificate, or other authorization previously granted. (4) Conditional permit or temporary certificate. The city manager or his designee may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority. (5) Revocation of permit. The city manager or his designee may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans, or specifications; refusal or failure to comply with the requirements of state or local law, or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. (6) Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as provided by NCGS 14-4, Each violation shall be subject to a fine not to exceed five hundred dollars ($500.00). (7) Notification of the state enforcement officials. Industrial and related facilities. When a city manager or his designee discovers an apparent violation of an industrial or related facility's NPDES storm water discharge permit or that the facility is not operating pursuant to its storm water pollution prevention plan, the city shall notify the appropriate state officials immediately. b. Construction sites. If the city manager or his designee discovers an apparent violation of the NPDES storm water discharge permit required by the state for sites with land -disturbing activity greater than five (5) acres, he shall report the violation immediately to the appropriate state officials. C. Abatement. When the discharge from the facility interferes significantly with the municipal separate storm sewer, and the facility fails to take appropriate actions upon notification by the city, the city may take immediate and appropriate measures to control the problem whether or. not the facility is violating its NPDES permit and recover the cost from the facility. (8) Judicial enforcement. When any person is in violation of the provisions of this chapter, the city manager or his designee, through the city attomey, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-55--27-60. Reserved. ARTICLE VII. APPEALS Sec. 27-61. Appeal hearing. (a) Any person assessed a civil penalty under this chapter shall have the right to a hearing before the storm water services division upon making a written demand to the division specifying the issues to be contested, within thirty (30) days following receipt of the assessment. (b) Unless such written demand is made within the time specified herein, the action shall be final and binding. (c) The storm water services division shall make a final decision on the contested penalty within thirty (30) days of the receipt of the written demand for a hearing. (d) The storm water services division shall transmit a copy of the decision by registered or certified mail. (e) The decision of the storm water services division shall be considered the final administrative action for the purposes of judicial review. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-62. Judicial review. Any person may seek judicial review of a final administrative decision by the storm water services division by filing a petition for writ of certiorari within thirty (30) days after receipt of notice by registered or certified mail, but not thereafter, with the Superior Court of Guilford County and with a copy to the City of Greensboro. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-63--27-65. Reserved. ARTICLE Vlll. SERVICE CHARGES AND RATES Sec. 27-66. Definitions for rate calculations. (The following definitions shall apply concerning rate calculations:] Equivalent residential unit (ERU) two thousand five hundred forty-three (2,543) . square feet of impervious surface. Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include but is not limited to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Other property unit. A parcel of land that is not a single-family residential unit. Single-family residential unit. A building detached from other structures used as a residence for four (4) or fewer family units. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-67. Purpose of service charge. Storm water management services shall be funded through the operation of a storm water utility, as authorized by state law, and charges shall apply to all property within the city limits, without regard to ownership. Such charges shall be based on the presence of impervious surface on each parcel as determined by the unit standard set forth in section 27-66. The city shall set a base rate for single-family residential units and calculate charges for other property units utilizing the equivalent residential unit as a multiplier, (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-68. Rate for service charges. (a) Single-family residential unit shall pay a Flat rate service charge of two dollars and forty-four cents ($2.44) per month. (b) Other property shall pay a service charge of two dollars and forty-four cents ($2.44) per month for each equivalent residential (unit] or portion of an equivalent residential on the parcel. No charge shall be made on parcels with less than six hundred (600) square feet of impervious surface. (Ord. No. 94-22, § 1, 5-2-94) ARTICLE IX. ANNEXATION Sec. 27-69. Annexation of storm water sewers and drainage stems. Upon annexation of property that includes dedicated public streets containing storm sewers and other such storm water drainage system, such storm sewer systems and features shall become the property of the city without cost to the city and shall be incorporated into the city storm sewer and drainage system as if they were originally constructed by the city. (Ord. No. 94-22, § 1, 5-2-94) Attachment #6 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 02 PLANNING, ZONING AND SUBDIVISION CONTROL 17-603 ARTICLE VL WATERSHED PROTECTION ORDINANCE See. 17-601. Authority and enactment. .The legislature of the State of North Carolina has, in Chapter 160A, Article 19, Planning and Regulation of Development; and in Chapter 143, Article 21, Watershed. Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The T wn of Maiden, North Carolina ("the 7bwn" ), does hereby ordain and enact into law the following articles as the Watershed Protection Ordinance of Maiden, North Carolina. (Ord. No. 12-93, 8-16-93) See. 17.302. Jurisdiction. The provisions of this ordinance shall apply within the overlay zones designated as a Public Water .Supply Watershed as defined and established on the "Official Zoning Map of Maiden, North Carolina." ("the Zoning Map"), such overlay zones being adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon atcompanies and is hereby made a part of this ordinance. This ordinance shall be permanently kept on file in the oPhce of the town clerk. (Ord. No. 12-93, 8-16-93) Sec. 17-603. Exceptions to applicability. (a) Existing development, as defined in this ordinance, is not subject to the requirementa.of this ordinance. Expansions to structures classified as existing development must meet the requirements of this ordinance; however, the built -upon area of the existing development is not required to be included in the density calculations. Eoriating development is defined as those projects that are built or those projects that at a minimum have established a vested'right under North Carolina zoning law as ofthe effective date of this ordinance based on at least one (1) of the following criteria: (1) Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the prclecti (2) Having an outstandlug valid building permit as authorized by N,C.G.S. 16OA-SM.1; or (3) Having an approved site specific or phased development plan as authorised by N.C.G.S. 160A-3M.1. (b) Expansions to structures classified as existing development must meet the require- ments of this article; however the built upon area of the existing development is not required to be included in the density calculations. Supp. No. 8 1061 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 03 17-603 MAIDEN TOWN CODE (c) Reconstruction of buildings or built -upon are as. Any existing building or built -upon area not in conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single family residential development, provided: (1) Repair or reconstruction in initiated within twelve (12) mouthe and completed within two (2) years of such damage. (2) The total amount of space devoted to built -upon area may not be increased if it exceeds the allowed built-up area defined in this ordinance. (d) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of•record shall not be subject to the development restrictions of this ordinance if it is developed for single-family purposes. (e) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this ordinance amend, modify; or, restrict any provisions of the Code of Ordinances of Maiden; however, the adoption of this ordinance shall and does amend any and all ordinances, resolutions. and regulations in effect is the Zbwn at the time of the adoption of this ordinance that may be construed to impair or reduce the effectiveness of this ordinance or to conflict with any of its provisions. (f) It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulationa impose greater restrictions or higher standards for the use of a building or, land, then the provisions of these regulations shall control. (OnL No. 12-93, 5-16-93; Ord. No. 35-96, 12-2-96) , Sec. 17-604. Cluster or planned unit development. Cluster or planned unit development is allowed in all watershed areas under the following . conditions: (a) Minimum lot sizes are not applicable to residential cluster or planned unit development pixdecte; however, the total number of lots or dwelli n units shall not exceed the•number of lots. or dwelling units allowed for residential developments in Article III. Huiltrupon area► for the project shall not exceed that allowed in Article M. (b) All built -upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow. (c) The remainder of the tract shall remain in a vegetated or natural state. The title to the open apace area shall be conveyed to an uncorporated homeowners association for manage- ment; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association, is not incorporated, a maintenance agreement shall be filed with the deeds, (Ord. No. 12-93, 8-16-93; Ord. No. 35-96, 12-2-96) Bupp. Na. 5 1062 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 04 PLANNING, ZONING AND SUBDIVISION CONTROL 1 17-606 Soc. 17-605. Buffer areas required. (a) A minimum thirty-foot vegetative buffer for development activities is required along all perennial waters indicated in the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Artificial streambank or shoreline stabilization is permitted. A minimum one -hundred -foot vegetative buffer' for development activities is required along Maiden Code, Allen Creek, and along the Maiden Reservation, measured from normal pool elevation. (b) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenwaya and their appurtenances 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, defined as a structural or nonstructural management -based practice used singularly or in combination to reduce nonpoint source inputs receiving waters in order to achieve water quality goals. (Ord. No. 12-93, 8-16-93; Ord. No. 31-97, 12-16-97) Sec. 17-6W. Watershed adnibA strator and duties thereof. The Maiden Town Council shall appoint a watershed administrator. It shall be the duty of the watershed administrator to administer and enforce the provisions of this ordinance as fnllowe: (a) The watershed administrator shall issue "permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the administrator. (b) The watershed administrator shall serve as staff to the watershed review board. (c) The watershed administrator shall keep records of all amendments to the local Water ,Supply Watershed Protection Ordinance and shall' provide copies of all amendments upon adoption to the Division of Water Quality. (d) The watershed administrator is granted the authority to administer and enforce the provisions of this ordinance, exercising in the fulfillment of his iesponsibility the Bill zoning and police power of the Zbwn of Maiden. The watershed administrator, or his duly authorized representative, in" enter any building, -structure, or premises, as' provided by law, to perform any duty imposed upon him by this ordinance. (a) The watershed administrator shall keep a record of variances to the local Water Supply' Watershed Protection Ordinance. This record shall be submitted each calendar year to. the Division of Water Quality on or before January 1 of the following calendar year and shall provide a description of each project receiving a variance and the reasons for granting the variance. (Ord. No. 12-93, 3-16-93; Ord. No. 35-96, 12-2.96) iiapp. No. 8 1063 04/14/2004 12:34 028-428-5017 TOWN OF MAIDEN PAGE 05 17-607 MAIDEN TOWN CODE Sec, 1.7.607. Appeal from the watershed, aclministratox. (a) Any order, requirement, decision or determination made by the watershed administra- tor may be appealed to and decided by the watershed review board. (b) An appeal from a decision of the watershed administrator must be submitted to the watershed review board within thirty (30) days from the date the order, interpretation, decisions or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of 'an appeal. the watershed administrator shall transmit to the. board all papers constituting the record upon which the action appealed from was taken. (c) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, In such case, proceedings shall not be stayed otherwise than by a restre'� order which maybe granted by the board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause show:,. (d) The board shall fix a reasonable time for hearing the appeal and give notice thereof to. the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney. (Ord.. No. 12-93, 8-16-93) Sec. 17-608. EstabRahment of watershed review board. There shall be and hereby is created the watershed review board consisting of the same.. membership as the Maiden Board of Adjustment. Terms for members of the watershed review' board shall coincide with the membership terms for board of aclajustment. (Ord. No. 12-93, 6-16-93) sec. 17-609. Powers and duties of the watershed review board. The watershed reviewboard shall be responsible for reviewing and hearing all major and minor variance cases, and shall follow the.staadarda procedures of this ordinance for variance applications. If the application calls for the granting of a major variance, and if the board decides is favor of granting the variance, the board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include: (a) The variance applications; (b) The hearing notices; (e) The evidence presented; (d) Motions, oiYars of proof, objections to evidence, and ruling& on them; (e) Proposed findings and exceptions; (f) The proposed decision, including all conditions proposed to be added to the permit. $upp. No, a 1064 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 06 PLANNING, ZONING AND SUBDMSION CONTROL § 17-612 The preliminary record shall be sent to the environmental management commission for its review as follows: (a) If the commission concludes from the Preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return &am, nor wake any practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the commission shall approve the variance as proposed or approve the proposed. variance with conditions and stipulations. The commission shall prepare a commission decision and send it to the watershed review board. If the commission approves the variance as proposed, the board shall prepare a final decision granting the proposed variance. If the cointoission approves the variance with conditima and stipulations, the board shall prepare .a final decision, including such conditions and stipulations, granting the proposed variance. (b) If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (2) the variance, if granted, wiU result in a serious threat to the water supply, then the commission shall deny approval of the variance as proposed. The commission shall prepare a commission decision and send it to the watershed review board. The board shall prepare a final decision denying the variance as proposed. (Ord. No. 12-93, 8-16-93) Sea 17-610. Appeals from the watershed review board. Appeals from the watershed review board must be filed with the superior court within thirty (30) days from thx date of the decision. The decisions by the superior court will be in the. manner of certiorari. (Ord. No. 12-93, 8-16-93) Sea. 17-611. 10% / 70% Option in the WS-II Balance of Watershed Area of the Allen Crook Watershed.' New development and a=pensions to wdisting development may occupy ten (10) percent, of the W&H Balance of Watershed Area of the Allen Creek watershed with seventy (70) pervert built -upon area when approved as a special intensity allocation (SI.A). The watershed administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects must minimis8 built -upon surface area, direct storinwater away &om'surface waters and incorporate bast management practices to minimize water quality impacts. (Ord. No: 12-93, 8-16-93; Ord. No. 85-96, 12-2-96) Sea 17-612. Re=ed.iea (a) If any subdivision, development and/or land use is found to be in violation of this ordinance, the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of fifty dollars ($50.00), institute actions or proceadings 3upp. No. 8 1065 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 07 § 17-612 MAIDEN TOWN CODE to restrains, correct, or abate the violations; to prevent occupancy of the building, structure, or laud; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. 143.215.6(a)• Each day that the violation continues shall constitute a separate offenae. (b) If the watershed administrator finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating, the nature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land; buildings or structures; removal of illegal buildings or structures, or of addition, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take axy actions authorized by tbie ordinance to ensure compliance with or' to prevent violation of its provisions. If a ruling of the Watershed administrator is questioned, the aggrieved party or parties may appeal such ruling to the. watershed review board. (Ord. No. 12-93, 3-16-93) Sec. 17-618. Sanctions. In addition to the remedies. described in section 17-612 of this ordinance and consistent with G.S: 1.6OA-17b, the Maiden 7bwn Council may seek enforcement of this ordinance by ameaaing a civil penalty to be recovered by the town in a civil action iu the nature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of the . ordinance. Such violation may be enforced by an appropriate equitable remedy iasuizig from 'a .court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of . the property. The action shall be governed in ail respects by the laws and rules governing civil proceedings, including the rules of Civil Procedure in general and Rule 66 in particular. If the` . defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the town may execute the order of abatement. The town shall have a lien, on the property for'ttie' cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may Secure cancellation of an order of abatement by paying' all cours of.the proceedings and posting bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter in heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed.by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in coajunction therewith. Enforcement of this ordinance may be by any .one, all or at combination of the remedies authorized in this ordinance. Each day's continuing violation shall be a separate and distinct offense. (Ord. No. 12.93, &16-93) 9upp. No, 8 1066 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 08 PLANNING, ZONING AND SUBDIVISION CONTROL § 17-701 Sea, 17-614. Effective date. 'This ordinance shall take effect and be in force on October 1, 1993. Amendments shall take effect and be in force December 2, 1996. (Ord_ No. 12-93, 8-16-93; Ord. No. 35-96, 12-2-96) Seca. 17-815--17.699. Reserved. ARTICLE VIE. US 321 CORRIDOR DISTRICT ZONING ORDINANCE Sec. 17-701. Statement of intent. The adopted US 321 Corridor District Plan represents formal policy statements by the `Ibwn of Maiden concerning land use and land development within the Corridor. The 321-Econonuc Development District (321-ED) is designed to implement these policy statements and achieve the desired goals for the: 321 Corridor. Specifically, the 321-ED District will accomplish the following: (a) Promote a sensitive conversion of farmland and vacant land to more urban uses; (b) Support development that is compatible with and, whenever possible, enhances the visual attractiveness of the land; (e) Promote well -planned, economically viable development of all types; (d) Ensure safe and efficient traffic flow along the US 321 Corridor District roadways; (e) Protect the environment by providing clean air, clean water and an appropriate mix of natural vegetation and wildlife; (fl Encourage orderly and sensitive planned development, especially at the interch4ngee; (g) Avoid uncoordinated, strip development patterns; _ (h) Promote flmdbility in individual site design including diversiAcation in the locations of structures, parking areas and other components; (i) Encourage tha efficient use of land to facilitate an economical arrangement of buildings, traffic circulation systems, land uses and utilities; Q) Provide for more usable and suitably located recreation facilities and other public and . common facilities than, would not otherwise be provided under conventional laud development procedures; (k) Encourage high quality development; (1) Ensure that adequate traffic capacity is available to serve proposed projecta. (m) Create an environment that supports opportunities for alternative residential devel. opment that consists of well -planned, affordable housiag; Supp. No. a 1067 04/14/2B04 12:34 828-420-5017 TOWN OF MAIDEN PAGE 09 f 17-820 . MAIDEN TOWN CODE c. Lots or pads are elevated on compacted 1111 of by any other method approved by the town planner so that the, lowest habitable floor of the manufactured home is at or above the regulatory flood level. d. Adequate surface drainage and easy access for a manufactured home hauler are provided. e. Load -bearing foundation supports such as piers or pilings must be placed on stable soil or concrete footings no more than ten (10) feet apart, and if the support ' height is greater than seventy -tyro' (72) inches, the support must contain steel reinforcement. (2) If a manufactured home location or relocation is not deemed to constitute the e)rpan- $ion; of an existing manufactured home pa;k, the location or. relomtiou shall be al- lowed. provided that any manufactured home moved into or relocated within an ex- isting manufactured home park shall be anchored in acwrdance with the provisions of subsections (b)(1)a. and b. above. (3) Electrical, beating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the compouenta during conditions of flooding. (4) All now manufactured home parks or subdivisions greater than fifty (w)-lots or five (5) acres, whichever is the leaser, shall include within the proposal base flood elova- tion data. (Ord- of 4-11-70, Art. VII, 6 74; Code 1976, § 12.37(11); Ord. No. 21-80, 8-113-80; Ord. No. 4-87, 4 1(12.87(llXaX3)), (12.37(11)(bX3)), (12.37(12), 3-2.87) Sec. 17-321. Use requirements by district. Within, the districta indicated on the zoning map, no building or land shall be used, and no building shall be erected or altered which is intended or designed to be used in whole or in part, for any use other than those listed as permitted for that district in this article. (Ord, of 4-11-70, Art. VIU; Code 1976, 4 1138) : See., 17.822. R-20 Residential District. The R-20 Residential District is established as a district in which the principal use of'the land is for low density residential and agricultural•purposes, and to provide and protect low density residential areas for those desiring that type of environment. These districts are intended to ensure that residential development not having access to public water supplies and dependent upon septic tanks•for sewage disposal will occur at a sufficiently low density to provide a healthful environment. (1) Permitted uses. The following uses are permitted: Sapp. Na a. Single-family dwellings 'and amended two-family dwellings; l.• Manufactured homes, Classes A, B and'C, provided they are treated as principal uses and meet the same lot size and yard requirements as nonmanufactured 998 04/14/2004 12:34 828-426-5017 TOWN OF MAIDEN PAGE 10 PLANNING, ZONING AND'SUBDMSON CONTROL 1 lMk dwelling unite. Manufactured homes within floodwgy and floodwgy f`rilige zones are further subjected to the requirements of section 17-320. c. Any form'of agriculture or horticulture, including the Bale of products at a retail stand on the propertywhere produced; d. Customary home occupations, including dressmaking, cooking, and baking, hair- dressing, music instruction, the renting of not more than one (1) room, the practice of such professions as insurance and accounting, shall be permitted as accessory uses in a residence. The board of adjustment shall decide whether other home occupations not listed here are within the spirit of this category of accessory uses; e. Kindergartens and day nurseries, provided that not less thann two hundred (200) square feet of play area is provided for each child and provided further such. aggregate play space is surrounded by a sturdy fence at least four (4) feet in height; f. Rest and convalescent homes not used primarily for the treatment of contagious diseases, alcoholics, drug addicts and psychotics; g. Churches and their customary related uses including cemeteries, provided that all buildings and graves shall he set back at least twenty (20) feet from any property line; h. Public and elementary and secondary schools and private schools having curric- ula approximately the same as ordinarily given in public schools; L Public or private parks, playgrounds, community centers, clubs and lodges, golf courses, swimming pools, fishing lakes, family camp grounds and similar recre- ation uses; J. Public safety facilities such as fire and police stations and rescue squad head- quarters, provided that all vehicles and equipment shall be stored indoors; pro- vided further, that all buildings shall be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in'such a way as to blend in with the surrounding area; k. Public works and public facilities' Buch 0 transformer stations,' pumping sta- tions, water towers and telephone exchanges, provided: 1. Such facilities are essential to the service of the' immediate area and no vehicles or materials shall be stored on the premises; 2. All buildings .and apparatus shall be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in such a way ae to blend in with the surrounding area; 3. Such facilities as water towers, pumping stations, and so forth, shall be surrounded by a chainlink fence six (6) feet in height, L Customary acceaaory uses and structures including private garages, swimming pools, and other accessory Btructures in the rear yard where they shall not cover more than thirty (80) percent of the rear yard; 9upp. Na 9 96 a� 04/14/2004 12:34 028-428-5017 TOWN OF MAIDEN PAGE 11 1 17-322 MAIDEN TOWN CODE M. Sign: 1. One (1) professional or announcement sign per lot for customary home occu- pations, kindergartens and rest homes. Such signs shall not exceed three (3) square feet in area. No such sign shall be illuminated. 2. One (1) sign per lot pertaining only to the lease, rent or sale of the property upon which displayed. Such sign ahall not exceed six (6) square feet in area. No such sign shall be illuminated. 3. Church bulletin boards and signs announcing clubs and other recreation facilities and schools. Such signs shall be limited to one (1) per lot and eighteen (18) square feet in area. Such sign may be of the type which is lighted from behind to silhouette letters and figures. (2) Conditional uses. The following uses may be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will be met: a. Manufactured home parks, subject to the conditions listed under sections 17-319 and 17.320 of this article; b. Temporary sawmills, provided they shall not be in operation for more than one (1) year; provided further, all sawmill structures shall be levelled and the prem- ises cleaned up within six (6) months after discontinuance. (3) Dimensional requirements. Within the R-20 Residential District as shown on the zoning map, the following dimensional requirement8 shall be complied with: a. Twenty thousand (20,000) square feet minimum required lot area far the first dwelling unit and five thousand (6,000) additional square feet lot area for the second attached dwelling unit (duplex); however, where the residence will be serviced by municipal water facilities, the lot area for the first dwelling unit need only be fifteen thousand (15,000) square feet. b. One hundred (100) feet minimum required mean lot width. c. Forty (40) feet minimum required building setback line. d. Minimum required aide yards for the principal building shall be at least twelve (12) feet except that any side yard abutting a street shall be at least fifteen (16) feet. e. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard need not exceed thirty (30) feet. f. Maximum permissible lot coverage by the principal building and all accessory buildings shall not exceed twenty (20) percent of the total lot area. g. Height of buildings shall not 'exceed thirty-five (35) feet unless the depth of the front and total width of the side yards required herein shall be increases) by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. h. Accessory buildings shall not be erected in any required front or side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street line. 8upp. No. 3 1000 t 04/14/2004 12:34 628-428-5017 TOWN OF MAIDEN PAGE 12 PLANNING. ZONING AND SUBDIVISION CONTROL § 17.322 L Off-street parking shall be provided as required in section 17-317. Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Critical Area for single-family purposes: - Minimum Lot Size: w/o water or sewer: 20,000 sf water or sewer: 15,000 of Lots recorded after the effective date of the watershed protection ordinance in the WS iI Critical Area for aingle-family purposes: - Minimum Lot Size: 87,120 sf (2 at), Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: w/o water or sewer: 25,000 sf water or sewer: 20,000 s€ Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. OPTION 2: - Minimum Lot Size: 174,240 at (4 ac). Lots recorded prior to the affective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: - Minimum Lat Size: w/o water or sewer: 20,000 sf water or sewer: 15,000 sf Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: OPTION 1: - Minimum Lot Size: w/o water or sewer: 20,000 sf water or sewer: 15,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total Iot area. Supp. No. 6 1001 04/14/2004 12:34 828-429-5017 TOWN OF MAIDEN PAGE 13 § 17-322 MAIDEN TOWN CODE OPTION 2: - Minimum Lot Size: 43,560 sf (1 ac). Maximum permissible lot coverage by the principal building and all accessory build• ings shall not exceed twenty (20) percent of the total lot area. Lots in the WS If Protected Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: w/o water.or sewer: 25,000 sf water or sewer: 20,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total lot area. OPTION 2: Minimum Lot Size: 87,120 sf (2 ac). (Ord. No. 4-11.70, Art. VTII, § 80; Code 1976, § 12.39; Ord. No. 21.80, ii-18-80; Ord. No. 24.80, 11.17.80; Ord. No. 2-90, 1.15.90; Ord. No. 12.93, 8-16-93) See. 17.328. Rr 15 Residential District. The R-15 Residential District is established as a district in which the principal use of land is for medium density single-family purposes along with limited home occupations and public and private community uses. It is expected that all dwellings in such a district will have access to municipal water supplies or municipal sewage disposal facilities or a reasonable expectation of such service in the near future. (1) Permitted uses. The following uses are permitted. All uses permitted in the R-20 Residential District except class S and C manufactured homes and manufactured home parks, rest homes, clubs and lodges, public safety facilities and backyard work. shops. With the exception that all existing manufactured home parks and manufac• tured home site& are to exist in the same capacity as in use at present time. (2) Conditional uses. The following uses shall be permitted subject to a.tinding by the board of adjustment that the provisions of subsection (3) of this section will be met: . a. Group or cluster housing projects or subdivisions, subject to the conditions listed . under section 17.335 of this article; b. Planned unit developments: (3) Dimensional requirements. Within the R-15 Residential District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Fifteen thousand (15,000) square feet minimum lot area per single-family dwelling unit and twenty thousand (20,000) square feet per two-family dwelling (duplex). b: Eighty (80) feet minimum mean lot depth. Supp. No. 6 1002 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 14 PLANNING, ZONING AND SUBDIVISION CONTROL 6 17-323 c, Eighty (80) feet minimum lot width. d, Thirty (30).feet minimum building setback line. e, Minimum required side yards for the principal building shall be at least ten (10) feet, except that any side yard abutting a street or highway shall beat least fifteen (15) feet. f, Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard need not exceed thirty (30) feet, g. Maximum permissible lot coverage by the principal building and all accessory . buildings shall not exceed thirty (30) percent of the total lot area. h, Height of buildings shall not exceed thirty-five (35) feet unless the depth of the front and total, width of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. i. Accessory buildings shall not be erected in. any required front or side yard or within twenty (20) feet of any street or highway line or within five (5) feet of any lot line not a street or highway line. An accessory building or use may be located in a reAr yard provided it is located not less than ten (10) feet from the principal building and five (6) feet from the rear yard line. j. Off-street parking shall be provided as required in section 17-317. Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Critical Area for single-family purposes: - Minimum Lot Size: 16,000 sf Lots recorded after the effective date of the watershed protection ordinance in the WE II Critical Area for single-family purposes: • Minimum Lot Size: 87,120 sf (2 ac). Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: 20,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area, OPTION 2: - Minimum Lot Size: 174,240 sf (4 ac). Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: - Minimum Lot Size: 15,000 of Lots recorded after the effective date of the watershed protection ordinance in the WS 11 Protected Area for single-family purposes: Rupp. No. 6 1003 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 15 $ 17.323 MAIDEN TOWN CODE OPTION 1: - Minimum. Lot Size: 15,000 of Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total lot area. OPTION 2: - Minimum Lot Size: 43,660 sf (1 ac). Maximum permissible lot coverage by the principal building and all accessory build- ings shall -not exceed thirty (30) percent of the total Lot area. Lots in the WS II Protected Area to be used for two-family dwelling purposes. OPTION 1: - Minimum Lot Size: 20,000 sf Maximum permissible impervious surface coverage as defined in this ordinance snail not exceed twelve (12) percent of the total lot area. OPTION 2: - Minimum Lot Size: 87,120 of (2 ac). (Ord. No. 4.11-70, Art. ViII $ 81; Code 1976, § 12.40; Ord, No. 24.80, 11.17-80; Ord. No. 2-83, 2.7-83; Ord. No. 2.90, 1-15.90; Ord_ No. 12-93, 8-16-93) Sec. 17.324. R-11 Residential District. The R-11 Residential District is establisbed as a district in which the principal use of land is for medium density. single-family purposes along with Iimited home occupations and public and private cammulnity uses. It is expected that all dwellings in such a district will have access to municipal water supplies or municipal sewage disposal facilities or a reasonable expectation of such service in the near future. (1) Permitted uses. The following uses are permitted: All uses permitted in the R-15 Residential District. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of o4justment that proviaions of subsection (3) of this section will be met: a- Group or cluster hauaing projects or subdivisions, subject to the conditions listed under section 17-335 of this article; b. Planned unit developments. (3) Dimensional requirements. Within the R-11 Residential District, as shown on the zoning map, the following dimensional requirements shall be complied with: a, Eleven thousand (11,000) square feet minimum lot area per single-faxnxiiy dwelling unit and sixteen thousand (16,000).square feet per two-family dwelling (duplex). b. Seventy-five (75) feet minimum lot width. Supp. No. 6 1004 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 16 PLA.NN NO, ZONING AND SUBDIVISION CONTROL § 17.324 c. Thirty (30) feet minimum building setback line. d. Minimum required side yard for the principal building shall be' at least ten (10) feet, except that any aide yard abutting a street or highway shall be at least fifteen (15) feet. e. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard abutting a street or highway shall be at least thirty (30). feet. f. Maximum permissible lot coverage by the principal building. and all accessory buildings shall net exceed thirty (30) percent of the total lot area. g. Height of building shall not•eieceed thirty -Five (36) feet.unless the depth of the front and total width of the side yards required in this.section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty -Five (35) feet. h. A.caessory buildings shall not be erected in any required front or aids yard or within twenty (20) feet of any street or highway line or within five (a) feet of any lot line not a street or highway line_ An accessory building or use may be located in a rear yard provided it is located not less than ten (10) feet from the principal building and five (5) feet.fmiri the rear yard line: ' i. Off-street perking shall be provided as required in section 17-317 of this article. Lots recorded prior to the effective date of the watershed protection ordinance in the WS U Critical Area for single-family purposea: - Minimum -Lot Size: 11,00.0 of Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area for single-family purposes- - Minimum Lot Size: 87,120 of (2 ac). Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION 1: • Minimum Lot Size: '16,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. OPTION 2: - Minimum Lot Size:.174,240 sf (4 ac). Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: - Minimum Lot Size: 11,000 sf Lots recorded after the effective date of the watershed protection ordinance in the WS H Protected Area Tor single-family purposes; - supp. No. 6 1005 04/14/2004 12:34 B28-428-5017 TOWN OF MAIDEN PAGE 17 § 17.324 MAIDEN TOWN CODE OPT10N 1. Minimum Lot Size: 11,000 sf Maximum permissible impervious surface coverage as dofawd in this ordinance. shal I not exceed twelve (12) percent.of the total lot area. OPTION 2: Minimum Lot Size: 43,560 of (1 ac). Maximum permissible.lot coverage by the principal building and all accessory build-' ings fhall not exceed thirty (30) percent of the total lot area. Lots in the WS II Protected Area. to be used for two-family dwelling purposes: OPTION 1: - Mi4tuvum 4t Sus: 16,000' sf Maximum permissible impervious surface coverage as defined in this ordinaaoe. shall not exosed twelve (12) percent of the total lot area. OPTION 2: Minimum Lot Size. 87,120 sf (2 ac). (Ord. of 4.11.70, Art. VM 181-A; Code 1976, § 12.41; Ord. No. 24.80, 11-17-80; Ord- No. 2.83, 2-7-83; Ord. No. 12.93, 8.16-93) Sec, 17.325. R-8 Resddsatial District. The R-8 Residential. District is established as a district in which the principal use of lend is for single-fRr ily, two-family and multifamily residences. The regulations of this district are intended to provide areas in the community for those persons desiring small residences and multifamily atructures in relatively high -density neighborhoods. The regulations are intended' to piohibit any use, which, because of its chsrectgr, would •interfere with the reoidentiol nature -- of this district. It is expected that municipal water and sewerage facilities will be available to each lot in such districts. (1) Parrnitted uses. The following uses are permitted: au All uses permitted in the R-20 Residential District except class H and a mane- faetured homes and manufactured home parka;, b. Two-family dwellings; c. . Multifamily dwellings; d. Rooming and boarding houses and touriat homes; a. Offices fai doctors, dendf is, chiropractors, attorneys, 0=ountants, insuranee, men and similar -profess iorW persons. $upp. No. 6 1006 04/14/2004 12:34 828--428-5017 TOWN OF MAIDEN PAGE 18 PLANNING, ZONING AND SUBDIVISION CONTROL $ 17-325 (2) Conditional uaes. The following uses shall be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will'be met: a. Group or cluster housing projects or subdivisions subject to the conditions listed under section 17-335 of this article; b. Group homes; c.. Planned unit developments. (3) Dimensional requirements. Within the R•8 Residential District; as shown on the zoning map, the following dimensional requirements shall be complied with: - a. Eight thousand (8,000) square feet minimum required lot area for the first dwelling unit, and three thousand (3,000) square feet additional lot area per attached dweliing:unit for each unit up to a maximum 'of ten (lb) dwelling unite per icre. b. Seventy (70) feet minimum mean lot width for the first dwelling unit, ten (10) feet additional mean lot width for the second attached building. c. Thirty (30) -feet minimum required front yard petback. d. Minimum required side yards for the principal building shall be at least ten (10) feet, except that any side yard abutting a street shall be at least twelve (12) feet. e. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that ouch rear yard need not exceed thirty (30) feet. E Maximum permissible lot coverage by the ,principal building and all accessary buildings shall not exceed forty (46) percent of the total lot area. g. Height of buildings shall not exceed thirty-five (35) feet unless the depth. of the front and total width of the side yards required in this section shall be increaaed by one (1) foot for each. two (2) feet or fraction thereof of building height in excess of thirty-five (35) feet. h. Accessory buildings shall not Ve. erected in any required front or side yard or 'within twenty (20) feet of any street or highway line or within five (5) feet of any , lot line' not a street or highway line. An accessory building or use may be located in a rear yard provided it is located not less than ten (10) feet from the principal building and five (5) feet from the rear yard line. i. Off street panting shall be provided as required in section 17.317 of this article. Lots recorded prior to the effective, date of the watershed protection ordinance in the WS'II Critical Area for single-family purposes: - Minimum' Lot Size: 8,000 of Lots recorded after the effective date of the watershed protecti h ordinance in the WS II Critical Area for single-family purposes: - Mir6num Lot Size: 87,120 sf (2 ec)' Lots in the WS II Critical Area,to be used for multi -family dwelling purposes; CIMON l: - Minimum Lot Size: $,GOO of for the first unit and 3,000 of for each additional unit. Maxilnum.permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. SUPP. No. 6 1007 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 19 § 17-326 . MAIDEN TOWN CODE OPTION 2: - Minimum Lot She: 67,120 sf. (2 ac) per unit. Lots recorded prior to the effective date -of the watershed protection ordinance in the WS II Protected Ax" for single-family purposes: • Minimum.Lot Size: 8,000 of Lots recorded aver• the effective. date of the watershed protection 'ordinance in.thes WS Ii Protected Area. for'si4aAmilt' purposes: OPTION 1: Minimum Lot .Size: 8,0W sf Maximum permissible impervious surfer coverage as defined in this ordinance `h'all not teed twelve (12) percent ofthe,total lot area OPTION 2: - Mi Anvs m- Lot Size: 43,W of (1 ac)- Max#raum .permissible Sot coverage-by'the principal building and all accessory build- iaga aball•aot exceed Party (40) petxent of the total lot area. Lots in the WS U. Protected Area to be .used for multi -family dwelling purposes: OpnoN is • Uirdmum Lot. Size: 8,0Q0 at for the first unit and 3;000 sf for each additional unit.. Mw*a.um permissible imperviotu surface coverage as defined in -this ordinance shall . not exceed twelya (12) percettt of the total -lot area OPTION 2: - Minimum Lot ,rise: 4,C 56w of (I ac) per unit. (Ord. of 4-11-.7%-Art.. VM,182; Carle 1878,•4 12.42; ©rd. of B-16-76; Ord. No. 1-81,1.5-Si; Ord. No, 2-83, 24.85;' Ord. No. 12-85; &1745: Card.. No. 2-90, .1-15.90; Llyd. NQ1. 12•$3, .8-16.98) 4lec. 174M. C•1 Central CA mmerciai District. The C-1 Central Comameraal District is estehZfshed as the Centrally located trade and commerclal;service area of the community. -The regulations -of this diofriet are designed to encourage the continued use of land for comtnun T trade and commercial service uses and to .permit a -concentrated ;develop=went of permitted uaee while maintaining a substantial yela- • tionship between the intensity .of land uses and the capacity .of utilities aad .streets. (1) P"itted asses. The following uses. are permitted: a. Any use permitted in R,8 District,'. Supp. No. 6 1008 04/14/2004 12:34 628-428-5017 TOWN OF MAIDEN PAGE 20 PLANNING, ZONING AND SUBDIVISION CONTROL 17.326 b. Any retail business or serviceestablishment not otherwise referred to in this section, whose principal activity is conducted within an enclosed building and is devoted to retail sales and services; c. Hospitals and clinics; d. Fhilanthropic and charitable institutions; e. Public libraries, public museums and art galleries; f. Nursing homes; g.. Automobile parking lots and structures; h. Automobile parts and supplies, new; i. Bakeries, retail; j. Banks and other financial institutions, including loan and finance companies; k. Barber and beauty shops; 1. Billiard or pool halls; M. Bus stations; n. Businesscolleges, barber and beauty collages, art schools, music and dance stu- dios and similar uses, but excluding industrial trade schools; o. Business signs, provided that signs projecting at right angles from the building shall be allowed when suspended from a canopy, provided the sign is at least eight (8) feet above the sidewalk, otherwise, signs must not project more than eighteen (18) inches from such walks; p. Churches and their customary accessory uses, but excluding cemeteries; q. Dairy bars and ice cream manufacturing for retail•sales on the premises only; r. Drugstores, with or without foundations; s. Dry cleaning and laundry pick-up stations and dry cleaning plants having not more than two thousand (2,000) square feet; t. Electric repair shops; u. Fire and police stations; v. Floral and gift shops; w. Food stores and meat markets, retail only, but excluding the killing or dresain;g of any flesh or fowl; x. Funeral homes and mortuaries; y. Hotels and inns; z. Jewelry repair shops and opticians; aa. Launderettes and laundromats; bb. Locksmiths and gunsmiths; cc. Medical and dental clinics and laboratories; dd. Newspaper offices and printing plants incidental to such offices; ee. Offices, business, professional and public; fl: Ofrice supplies and equipment, sales and service; gg. Photographic studios; hh. Printing, publishing and reproduction establishments; ii. Public works and utility facilities, but excluding service and storage yards; jj. Radio and TV repair shops; Supp. No. 6 1009 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 21 $ 17.326 MAIDEN tOWN CODE kk. Restaurants,-ineluding drive-in restaurants, provided such drive-in restaurants are fenced on all sides which abut residential districts. Fences shall be solid from the ground to it height of six (6) feet; U. Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliances, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby and craft stores, but not excluding similar retail outlets; nun. Service stations, provided that all .gasoline pumps and other.stationary equip- ment shall be located at least twelve. (12) feet behind the property line, provided further, that on all sides where such stations abut residential districtl, a 'MIX -foot high fence and suitable landscaping shall be provided; nn. Shoe repair and shine shops; oo. Signs directing the public to off-street parking areas,. provided not more than two (2) signs shall be permitted per lot, provided further, the aggregate size of signs shalt not excead eight (8) square feet in area; pp. Tailor.and dreRgrn� shops; qq. Taxicab stands; rr. Telephone and telegraph offices; as'. Theaters, indoor; tt. Customary accessoryuses and structures when located on the same block as the principal structure, excluding, however, open storage. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will be met- a. Mixed uses, i.e., building erected for both dwelling and business purposes. b. Car wash establishments, provided that the board of adjustment.shall consider the appropriateness of the establishment and structure proposed in light of the nature of the district. The board of adjustment shall review a site plan and conceptual drawings to be submitted by the applicant and shall consider all relevant factors, including, but not: limited to,' the following: 1. Nature of surrounding land use; 2. Trafric access; 3: Water drainage; 4. Trash facilities; 5. Lot size. c.. The assembly and packaging of articles or merchandise from the following pre- viously.prepared materials: aluminum, glass, leather, paper, plastics and other materials that can be assembled and packaged in a relatively clean end` quiet manner. (3) Dimensional requirements. Within the C-1 Central Commercial District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Required yards. No building shall be less than forty (40) feet from the centerline of the street. No other yards are required except that where the rear of a lot abuts Supp. No. 6 1010 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 22 PLANNING, ZONING AND SUBDIVISION CONTROL § 17.327 a residential district there shall be a fifteen -foot rear yard and where a lot abuts the side of a lot zoned residential there shall be a side yard not less than ten (10) feet in width. In all other cases where a aide yard, not required, is provided, it shall be at least eight (8) feet in width. b. Height regulations. In the C-1 Central Commercial District every building here- after erected or structurally altered to exceed fifty (50) feet in height shall be set back from the front lot line on the ratio of one (1) foot for each two foot rise above fifty .(50) feet, but in no case shall the required setback exceed ten (10) feet. c. Off-street loading and unloading. Buildings constructed or converted to commer- cial use after the effective date of the ordinance from which this article is derived which have access to a public alley shall provide off-street loading and unloading berths as required in section 17.318. d. Off-street parking requirements. Off-street parking space shall be provided as required by section 17.317. e. Lots recorded after the effective date of the watershed protection ordinance in the WS U Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area: Follow any miramurn lot size requirements specified by the zoWng ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (4) Buffer restrictions for C-1 and C-2 Commercial Districts. A buffer shall be required for any manufacturing or commercial use in this district located on a lot ofi any side of the lot which abuts a residential district. A buffer shall not be required where the boundary between the manufacturing and residential .districts is a dedicated public street. The type of buffer required, either planted hedge, wall or fence, shall be determined by the governing body. (Ord. of 4-11-70, Art. VIII, § 83; Code 1976, § 12.43; Ord, of 8-16-76; Ord. No. 14.76, 12.6-76; Ord. No. 12-84, 12-3-84; Ord. No, 6-86, 2-3-86; Ord, No. 12.93, 8-16-93) See. 17.327.. Of ce.Inatitutional District. The Office and Institutional District is designed to provide a wide range of professional and economical office space, as well as space for public and quasi public uses. . (1) Permitted uses. The following uses are permitted: a. Public or privately -owned medical and dental clinics, and offices where medical or dental services are rendered; supp. No. 6 1011 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 23 5 .17.327 MAIDEN TOWN CODE b; Single-family residences provided they meet the setback requirements of the R-8 poning strict; C. Funeral hmnes; d. Banks (except drive-in banks) and loan offices and agencies; e. Business, professional, government, religious, charitable, civic or fraternal of- fices or agencies and private clubs not engaged in retail sales to the general public or the maintenance of a stock of goods, merchandise or supplies on the premises. f. Libraries,, .art galleriea, museums, music or dancing institutions or s;hools; g. Auditoriums, armories and publicly -owned and operated recreation facilities; h. Pubiioly-owned institutions, except jails, correctional institutions .and hoapitals or institutions operated principally for the treatment of mental, alcoholic or narcotic patients; i_ Customay accessory uses .and structures when located on the same lot as the main structure; j. Business signs, accessory to and on the same premises with uses permitted in this district, but not including -billboards, provided that no sign opal) project more them three (3) feet from the main building, nor shall any sign hang lower than eight (8) feet to any sidewalk. Furthermore, there shall be no flashing signs. (2) Conditional .uses. The following conditional uses shall be permitted subject to ap- proval by, the board of adjustment: at. Drive-in banks; b. Public utility and services uses. (3) Dinwnsionul requirennnes. Within the Office•Institutional District, as .shown on .the zoning map, the fallowing dimensional requirements shall be camplied with: a. Minimum front yard; Fifteen (15) feet; b. Minimum side yard: None required, except when abutting a residential district, then as eight -foot side yard and a thirty-foot front yard mall :be required; c. Minimum rear yard: FU%een (15) feet; d. Maidmurn building height: Thirty-five (35) feet; e. Off-street parking and loading requirements shall be provided for all uses as required by section 17-317. f, Lots recorded after the effective date,of the watershed protection ordinance in the WS II Critical Area: Follow -any nunimum lot size requirements specified by the zoning ordinance but the maxim= impervious surface coverage shall not exceed six (6).pereent of the total lot area. Lots recorded -after the effective date of the watershed protection ordinance in the WS II Protected Area: 5upp. No. 6 101E 04/14/2004 12:34 826-428-5017 TOWN OF MAIDEN PAGE 24 PLANNING, ZONING AND SUBDMSION CONTROL 17-328 Follow any minimum lot size requirements specified by the zoning ordinance but . the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (Code 1976, $ 12.43.1; Ord_ No. 2.83, 2-7-83; Ord. No. 12-93, 8.16.93) Sec. 17-328. C-2 General Business District. The purpose of the C-2 General Business District is to encourage the establishment of areas for general business which do not require a central location. Activities in this district are often large space users and are intended to provide for offices, personal services and the retailing of convenience and necessity type goods for the community. (1) Permitted uses, The following uses are permitted: a. Any use permitted in the C-1 District; b. Grocery stores and other retail business or service establishment not otherwise referred to in this section that is consistent with the purpose of this section and caters to the needs of the travelling public. Should a reasonable doubt arise, the board of adjustment shall determine if the retailing establishment is within the, spirit of this district; c. Ardmal hospitals, provided no pens or kennels are located closer than twenty (20) feet to any property line; d. Assembly halls, coliseums, armories, ballrooms, and similar structures; e. Automobile sales, new and used; f. Bakeries and other establishments manufacturing or packaging food products for wholesale distribution; g. Bicycle sales and repair shops; h. Boat and trailer works and sales; i. Bottling works; j. Bowling alleys and skating rinks, miniature golf courses, riding stables, go-cart tracks and other commercial recreation facilities-, k. Building materials storage and sales yards, provided they are fenced by a solid fence not less than six (6) feet in height; I. Business signs and billboards, provided such are not located within fifty (50) feet of any residential district, provided further that not more than one (1) billboard structure shall be allowed per one hundred (100) feet or less of lot frontage in single ownership; m. Cabinet, woodworking and upholstery shops; n. Car wash establishments; o. Circuses, carnivals and revival grounds; p. Contractors offices and storage yards, provided the latter are fenced by a solid fence not less than six (6) feet in height; q. Dairy products processing and distributing facilities, including dairy bars; r. Dry cleaning and laundering plants; it. Electrical supplies and equipment, sales and repairs; Supp. No. 6 1012.1 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 25 17-328 MAIDEN TOWN CODE t. Freezer lockers and ice plants; u. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height; V. Industrial trade schools and research laboratories; W. Machine and welding shops; x: Mobile home display lots; y. Monument works and sales; z. Motels and motor lodges; aa. Motorcycle, lawnmower and power saw sales and service; bb. Plumbing and heating supply houses, provided all open storage is fenced by a solid fence not less than six (6) feet in height; cc. Secondhand stores and swap shops; dd. Sheet metal, roofing, plumbing and heating and refrigeration shops, but ex• eluding open storage unless it shall be fenced by a solid fence not less than six (6) feet in height; ee. Sign painting and fabricating shops; ff. - Wholesale and warehousing establishments; gg. Wholesale storage of gasoline and oil products, including bottled gas and oKggan; hh. Customary accessory uses and structures including open storage provided the area devoted to open storage is enclosed by a solid fence not less than six (6) feet in height. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will be met: Mixed uses, i.e., buildings erected for both dwelling and business purposes, provided such buildings shall be furnished with side yards on each aide of the building measuring not less than eight (8) feet in width; provided, however, that this regulation shall not apply to the street side of a corner lot. (3) Dimensional requirements. Within the C-2 Highway Commercial District as shown on the zoning map, the following dimensional requirements shall be'complied with: a. Minimum lot area and yard requirements shall be: 1. Forty (40) feet minimum front yard; 2. Ten (10) feet minimum side yard; 3. Twenty (20) feet minimum rear yard. b. The total ground area covered by the principal building and all accessory build- ings shall not exceed fifty (50) percent of the total lot area. c. No building shall exceed thirty-five (35) feet in height unless the depth of the front and total width of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. d. Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as .required in section 17-828, Supp. No. 6 1012.2 04/14/2004 12:34 828--428-5017 TOWN OF MAIDEN PAGE 26 PLANNING, ZONING AND SUBDMSION CONTROL. $ 17.329 e. Off-street parking space shall be provided as required in section 17.317. f. Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection ordinance in the WS It Protected Area. Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area, (4) Buffer restrictions for GI and C-2 Commercial Districts, A buffer shall be required for any manufacturing or commercial use in this district located on a lot on any side of the lot which abuts a residential district. A buffer shall not be required where the boundary, between the manufacturing and residential districts is a dedicated public street. The type of buffer required, either planted hedge, wall or fence, shall be determined by the governing body. (Ord, of 4.11-70, Art. VITT, § 84; Code 1976, § 12.44: Ord. of 8-16-76; Ord. No. 14.76, 12.6-76; Ord. No. 11-79, 9-17-79; Ord. No. 13-84. 12-3-84; Ord. No. 12.93, 6-16-93) Sec. 17.329. M-1 Industrial District. The M-1 Industrial District is established for those areas of the community where the principal use of land is for industrial and warehousing uses. These uses, by their nature, may create some nuisance and are not properly associated with residential, commercial or service establishments. These uses normally seek outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties, (1) Permitted uses. The following uses are permitted: a. Automobile parking lots and structures; b. Amusement, recreation and sporting goods manufacturing; c. Apparel and clothing manufacturing, including hosiery; d. Automobile parts and accessories manufacturing; e. Bakeries and other establishments manufacturing prepared food products for wholesale distribution; f. Bedding and carpet manufacturing; g. Boat and trailer works and sales; h. Bottling works; i. Building materials and specialties manufacturing; j. Building materials storage and sale yards, provided all open storage is fenced by a solid fence not less than six (6) feet in height; Supp. No. 6 1012.3 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 27 § 17.829 MAIDEN TOWN CODE k. Business machines manufacturing; 1. Business signs and billboards, provided such are not located within fifty (50) feet of any residential district, provided further that not more than one (1) billboard structure shall be allowed per .one hundred (100) feet or less of lot frontage in single ownership, with one (1) additional billboard structure allowed per addi- tional one hundred (100) feet of Iot frontage; m. Cabinet, woodworking and upholstery shops; n. Contractors' officas and storage yards, provided all open storage is fenced by a solid fence not less than six (6) feet in height; o. Dairy products processing and distributing facilities; p. Drugs, medicines and cosmetics manufacturing; q. Dry cleaning and laundry plants; r. Electrical appliancea and electronic equipment manufacturing; s. Feed and seed stores, hatcheries and fertilizer sales; t. Food stores, fruit stands and produce markets; u. Flour and feed mills; V. Furniture manufacturing, w. Greenhouses and horticultural nurseries; x. Hardware and housewares manufacturing; y. Ice and cold storage plants and freezer lockers; z. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height; aa. Industrial trade schools and research laboratories; bb. Leather products, including luggage and shoe manufacturing; cc. Machine and welding shops; dd. Metal fabricating plants; ' ee. Monument works and sales; ff. Musical instruments manufacturing; gg. Offices pertaining to any permitted use; hh. Outdoor recreation uses, such as miniature and par-3 golf courses, go-cart tracks and riding stables; ii. Paper products manufacturing; ji. Plastic products manufacturing; kk. Rubber and glass products manufacturing; IL Plumbing and heating supply houses, provided all open storage is fenced by a solid fence not less than six (6) feet in height; mm. Precision instruments and jewelry manufacturing; nn. Printing, engraving and publishing establishments; oo, Public safety facilities such as fire and police stations and rescue squads; pp. Restaurants, including drive-in restaurants; qq. Service stations, including major repair work, provided that all gasoline pumps sha11 be located at least twelve (12) feet behind the property line; rr. Sheet metal, roofing, plumbing, heating and refrigeration'shops; Supp, No. 6 1012.4 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 28 PLANNING, ZONING AND SU13DMSION CONTROL Q 17-329 ss. Sign painting and fabricating shops; tt. Textile and cordage manufacturing; uu. . Trucking terminals, transfer companies; vv. Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives; WW. Customary accessory uses and structures, including open storage, provided the area devoted to open storage is enclosed by a fence at least six (6) feet in height. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will be met: a. Mobile home parks, aubjeat to the conditions listed under sections 17.819 and 17-320. • b. Manufacturing uses not otherwise named in this section which come within the spirit or intent of this article. Such determination will be -made by the board -of adjustment. (3) Dimensional requirements. Within the M-1 Industrial District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Minimum yard requirements shall be: 1. Fifty (50) feet ininimum front yard setback; 2. Fifteen (15) feet minimum side yard on each side of every principal building; 3. Twenty (20) feet minimum required rear yard. b. No building shall exceed fifty (50) feet in height unless the depth of the front and total width. of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height.in excess of fifty (50) feet. c. Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as required in section 17.318. d. Off street parking space shall be provided as required in section 17-917. e. Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area: Follow any minimum Iot size requirements specified by the zoning ordinance but themaximum impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (Ord. of 4-ii-70, Art. VIII, § 85: Code 1976, $ 12.45; Ord, No. 12-93, 8-16-93) Supp. No. 6 1012.5 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 29 § 17-330 MAIDEN TOWN CODE Sec. 17.330. Lot of record. (a) Where the owner of a lot of official record in any residential district at the time of the adoption of the ordinance from which this article derives. April 11, 1970, or his- successor in title thereto does not own sufficient contiguous land to enable him to conform to the dimen- sional requirements of this article, such a lot may be used as a residential building site; provided, that the lot dimensions are not more than twenty (20) percent below the minimums .specified in this article. in any case, where the lot dimensions are more than twenty (20) percent below the minimum specified in this article or other dimensional requirements cimnot be met, a request must be made to the board of adjustment to obtain a variance. (b) Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in single ownership at any time after April 11, 1970 and such lots individually have less area or width than .the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this article for the district in which such lots are located. (c) Every lot to be built upon shall abut by at least forty (40) feet a public street or shall have access to a public street by a right-of-way at least forty (40) feet in width, and no dwelling shall be built or placed on a lot which does not comply with the foregoing and with all other requirements of this chapter, including, but not limited to, the subdivision control article. (Ord. of 4.11-70, Art. IX, § 90; Code 1976, § 12,46; Ord. No. 12-83, 11-21.83) See. 17.331. Front yard for dwellings. The front yard requirements of this article for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as such lot is less than the minimum required front yard depth. In such case, the front yard on such lots,may be less than the required front yard but not less than the average of the existing front yard on the aforementioned lots, or a distance of ten (10) feet from the street right-of-way, whichever is greater. (Ord. of 4-11-70, Art. IX, § 91; Code 1976, § 12.47) See. 17.332. Height limitations. . (a) The height limitations of this article shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, [lag poles, radio towers, television towers, masts, aerials and similar structures. (b) Radio and television towers shall be permitted as a conditional use in any commercial or industrial district upon approval by the planning and zoning board and subject to a finding by the board that all other requirements for permitted or ,conditional uses within the district 5upp. No, 6 1012.6 TOWN OF MAIDEN NORTH CAROLINA 28650 P.O. BOX 125 • (828) 428-5000 FAX (828) 428-5017 • TDD 800-735-2962 April 29, 2004 Mr. Bradley Bennett NC DENR Division of Water Quality Stormwater and General Permits Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Submission of the Town of Maiden's Phase II Stormwater Permit Application and Stormwater Management Plan Dear Mr. Bennett, 1 m AY - 3 2004 OFFICE OF TOWN MANAGER I f Please find enclosed three (3) copies of the Town of Maiden's NPDES Phase II stormwater permit application. This application package contains form SWU-264 and the comprehensive stormwater program narrative. Also enclosed is a check for $715 to cover the required application fee. Please feel free to call Mike Struve with the Western Piedmont Council o1� Governments (phone number 828.485,4248), who prepared this application, should you have any questions concerning the Town's stormwater application package. Sincerely, To Clark Maiden Town Manager Enclosures cc: Mike Struve, WPCOG TOWN OF MAIDEN PHASE II NPI)ES STORMWATER PERMIT APPLICATION Submitted to NORTH CAROLINA DIVISION OF WATER QUALITY STORMWATER UNIT RALEIGH, NORTH CAROLINA MAY, 2004 Prepared by MIKE STRUVE, CLM WESTERN PIEDMONTCOUNCIL OF GOVERNMENTS HICKORY, NORTH CAROLINA State of North Carolina Department of Environment & Natural Resources Division of Water Quality OFFIC USE ONLY Date Rec'd Fee Paid �. } Permit Number C S NPDES STORMWATER PERMIT APPLICATION FORM This application form is for use by public bodies seeking NPDES sormwater permit coverage for Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application package includes this form and three copies of the narrative documentation required in Section X of this form. This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both required for the application package to be considered a complete application submittal. Incomplete application submittals may be returned to the applicant. I. APPLICANT STATUS INFORMATION a. Name of Public Entity Seeking Permit Coverage Town of Maiden b. Ownership Status (federal, state or local) Local c. Type of Public Entity (city, town, county, prison, school, Town etc. d. Federal Standard Industrial SIC 91 - 97 Classification Code e. County(s) Catawba and Lincoln f. Jurisdictional Area (square miles) 9.81 g. Population Permanent 2,470 Seasonal (if available) Not Applicable h. Ten-year Growth Rate 28.6% L Located on Indian Lands? ❑ Yes ❑x No II. RPE / MS4 SYSTEM INFORMATION a. Storm Sewer Service Area (square miles 9.81 b. River Basin(s) Catawba c. Number of Primary Receiving Streams 7 d. Estimated percentage of jurisdictional area containing the following four land use activities: • Residential 77.8% • Commercial 4.5% • Industrial 17.2 • Open Space 0.50/0 Total = 100% e. Are there significant water quality issues listed in the attached application report? Yes ❑ No Page 1 SWU-264-103102 NPDES RPE Stormwater Permit Application III. EXISTING LOCAL WATER QUALITY PROGRAMS a. Local Nutrient Sensitive Waters Strategy ❑ Yes ❑x 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 ® No IV. CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) a. Do you intend to co -permit with ❑ Yes 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 ❑ Na with another Phase II enti ? 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 ® 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? El Yes ❑ No VI. DELEGATION OF AUTHORITY (OPTIONAL) The signing official may delegate permit implementation authority to an appropriate staff member. This delegation must name a specific person and position and include documentation of the delegation action through board action. a. Name of person to which permit authority has been delegated Todd Clark b. Title/position of person above Town Manager c. Documentation of board action delegating permit authority to this person/position must be provided in the attached application report. Page 2 SWU-264-103102 NPDES RPE Stormwater Permit Application VII. SIGNING OFFICIAL.'S STATEMENT Please see the application instructions to determine who has signatory authority for this permit application. If authority for the NPDES stormwater permit has been appropriately delegated through board action and documented in this permit application, the person/position listed in Section VI above may sign the official statement below. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. / , 1 17 Signature Awl Name add bark Title Town Manager Street Address 113 West Main Street PO Box PO Box 125 City Maiden State NC Zip 28650 Telephone (828) 428-5000 Fax (828) 428-5017 E-Mail tclark@cimaiden.nc.us 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 Todd Clark b. Title Town Manager c, Street Address 113 West Main Street d. PO Box PO Box 125 e. City Maiden f. State NC g. Zip 28650 h. Telephone Number (828) 428-5000 i. Fax Number (828) 428-5017 j. E-Mail Address tclark@cimaiden.nc.us 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 None b. UIC program under SDWA None c. NPDES Wastewater Discharge Permit Number NCO039594 d. Prevention of Significant Deterioration (PSD) Program None e. Non Attainment Program Maiden is part of a nonattainment area for ozone and articulate matter. f. National Emission Standards for Hazardous Pollutants (NESHAPS) None reconstruction approval g. Ocean dumping permits under the N/A Marine Protection Research and Sanctuaries Act h. Dredge or fill permits under section 404 of CWA None i X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT Attach three copies of a comprehensive report detailing the proposed stormwater management program for the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown below. The required narrative information for each section is provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the following order, bound with tabs identifying each section by name, and include a Table of Contents with page numbers for each entry. �lit��]��I�It;)1��►y�y STORM SEWER SYSTEM INFORMATION 1.1. Population Served 1.2. Growth Rate 1.3. Jurisdictional and MS4 Service Areas 1.4. MS4 Conveyance System 1.5. Land Use Composition Estimates 1.6. Estimate Methodology 1.7. TMDL Identification 2. RECEIVING STREAMS Page 4 SWU-264-103102 NPDES RPE Stormwater Permit Application 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs 3.2. State programs 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List 4.2. Organizational Chart 4.3. Signing Official 4.4. Duly Authorized Representative 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 1. STORM SEWER SYSTEM INFORMATION 1.1 Population Served: The permanent population of Maiden based on the 2000 US Census is 3,177. The population of the Town does not vary seasonably. 1.2 Growth Rate: The population of Maiden according to the 1990 US Census was 2,470. The population of the Town based on the 2000 US Census was 3,177. The population of the Town grew by 28.6% during the past decade or about 2.9% annually. A copy of a report showing the corrected census count for 1990 and 2000 for Maiden appears as Attachment #1 in the Appendix. 1.3 Jurisdictional and MS4 Service Areas: The land -use jurisdictional area of the Town includes parcels located within Maiden's corporate limits as well as an established extraterritorial jurisdictional area (ETJ). Collectively, these areas total 9.8 mi2. A copy of a map showing the extent of the Town's planning area appears as Attachment #2 in the Appendix. 1.4 MS4 Conveyance System: About 50% of the streets in Town have curb and gutter systems for transporting stormwater. Curb and gutter systems are required in new subdivisions. In addition, the Town uses Powell Bill funds annually (about $50,000) to install curb and gutter systems on existing Town -owned streets. Swales and ditches transport stormwater along the remaining streets in Town, and culverts under driveways and streets are used to pipe water. Crowns on many of these roads direct runoff to both sides of the street. Maintenance of the system is handled by Town staff. 1.5 Land Use Composition Estimates: Table I below provides information on the estimated percentage of the MS4 service area that is classified as residential, commercial, industrial and open space. Table 1. Land Use Categories by Area and Percent of Total Land Area for the Maiden Planning Jurisdiction. Land Use Area (mi) Percentage Residential 7.63 77.8 Commercial 0.44 4.5 Industrial 1.69 17.2 Open Space 0.05 0.5 Total 9.81 100.0 1.6 Estimate Methodology: The land use estimates were obtained by a GIS analysis of the zoning layer coverage of Maiden maintained by the Western Piedmont Council of Governments. Properties identified in specific zoning districts were aggregated into the residential, commercial and industrial categories. For example, parcels zoned C-1, C-2, 321-ED(MX) and O-I were grouped together to estimate the total area for the "Commercial" Category. The Town of Maiden owns three parks totaling 34.68 acres that contain the only dedicated open space area in Town. 1.7 TMDL Identification: The western portion of the Town's MS4 system discharges into Clark Creek, which appears on the NC Division of Water Quality's draft 2002 303d list of impaired waters. 2. RECEIVING STREAMS (See Attachment #3 in the Appendix.) Table 2. Information on Streams Located Within the Maiden Planning Jurisdiction. Receiving Stream Segment Water Quality Use Support Water Stream Name Classification Rating Quality Issues Allen Creek From source to a point 0.7 mile WS-II; HQW NIA N/A upstream of Maiden water supply intake Allen Creek From a point 0.7 mile upstream WS-II; HQW, NIA NIA of Maiden water supply intake CA to Maiden water supply intake Allen Creek From Maiden water supply C NIA NIA intake to Maiden Creek Betts Branch Frorn source to Clark Creek C NIA NIA Bills Branch From source to Clark Creek C NIA NIA Clark Creek From source to a point 0.9 mile C PS None upstream of Walker Creek identified Long Branch From source to Pinch Gut C NIA NIA Creek Maiden Creek From source to a point 0.7 mile WS-11; HQW NIA NIA upstream of Maiden Reservoir Maiden Creek From a point 0.7 mile upstream WS-11; HQW, NIA NIA from backwaters of Maiden CA Reservoir to dam at Maiden Reservoir Maiden Creek From dam at Maiden Reservoir C N/A NIA located 680 feet more or less upstream from the bridge on Catawba County SR 1810 to Pinch Gut Creek Shady I3ranch From source to Pinch Gut C N/A NIA Creek 3. EXISTING WATER QUALITY PROGRAMS 3.1 Local Programs: The Town of Maiden has adopted and is administering a local water supply watershed protection ordinance. This ordinance currently covers about 20% of the northeast portion of the Town's planning area. The affected land area is classified as a WS-II watershed. 2 3.2 State Programs: Staff with the Land Quality Section of the DENR Mooresville Regional Office administers the state's Erosion and Sediment Control Regulations within the Town's planning area. 4. PERMITTING INFORMATION 4.1 Responsible Party Contact List: Mr. Todd Clark Town Manager Phone: (828) 428-5000 Fax: (828) 428-5017 Email: tclark@cimaiden.nc.us 4.2 Organizational Chart: (see Attachment #4 in the Appendix.) 4.3 Signing Official: The individual signing the permit application will be Mr. Todd Clark, Town Manager of Maiden. The Town Manager is authorized to sign contracts and similar official documents on behalf of the Town. 4.4 Duly Authorized Representative: Not applicable. 5. CO -PERMITTING INFORMATION: Not applicable. 5. RELIANCE ON OTHER GOVERNMENTAL ENTITY TO SATISFY ONE OR MORE PERMIT 013LIGATIONS: Not applicable. 7. STORMWATER MANAGEMENT PROGRAM PLAN 7.1 Public Education and Outreach on Storm Water Impacts 7.1.1 BMP Summary Table 7.1. l describes the activities the Town will undertake to meet the State's public education and outreach requirements. 7.1.2 The Town has relatively few commercial properties. Thus the primary target audience for the public education component of the Town's stormwater program will consist of homeowners residing within the Town's planning area. Business owners in Town will also receive targeted educational materials explaining how stormwater impacts can be minimized from these commercial operations. 91 BMP Summary Table 7.1.1. Best Management Practices and Measurable Goals for Public Education and Outreach. ::. .:....... earXIX BMP Measurable Goals 1 2 3 4 5 Responsible Position/P2ft 1.:. Distribute Stormwater 1. Distribute brochures through special X X X X X Town Manager Prevention Brochures event displays and utility/tax bill inserts. Include information on steps to reduce pollution sources including proper disposal of oil and toxic materials, proper use of lawn care products, and public reporting of illicit discharges. 2. Have stormwater materials on hand for X X X X X Town Manager distribution; provide materials to individuals when seeking permits from Town staff. 2 Public Workshops Conduct informational workshops. X X Town Manager Include information on stormwater impacts and what citizens can do to minimize stormwater runoff from activities occurring at their homes. 3 Business Outreach Develop an educational program to inform X X X X X Town Manager Program businesses on illicit discharges, reporting, and actions they can take to minimize stormwater impacts from activities associated with their business. 7.1.3 Multiple segments of Clark Creek within the Town's planning area appear in DWQ's draft 2002 impaired waters list. The likely sources of impairment identified by DWQ are varied and include municipal and industrial point sources, intentional channelization, agriculture and urban runoff/storm sewers. Several of these contributors to impaired conditions such as point source impacts and agriculture can be best addressed through other existing programs (for example, the NPDES permitting program or point -source impacts and programs offered by USDA-NRCS for agricultural runoff control). However, water quality impairment related to urban runoff will be a focal point of this plan. A point of emphasis in the education tools distributed to homeowners and businesses alike will discuss how stormwater runoff can contribute to poor water quality conditions. Strategies will be provided on how stormwater volume can be minimized and how pollutant loadings can be reduced associated with activities occurring near residential and business areas. 7.1.4 A combination of brochures and utility/tax bill inserts will be used for distributing information about stormwater to homeowners in Town. Because of the relatively small number of businesses, educational materials will be direct mailed to these proprietors. 7.1.5 Urban runoff has been identified as a major source of impairment affecting Clark Creek. For this reason, educational opportunities will concentrate on what homeowners and business owners can do to reduce pollutant loading and minimize stormwater volume. Individual BMPs were selected that would be effective in communicating general stormwater education to the public, and that could utilize existing Town resources or programs in doing so. The Town Manager will be the person responsible for supervising this, and all other aspects, of the Town's stormwater program. 7.1.6 The success of this particular minimum measure will be evaluated based on the following; the number of stormwater educational materials distributed to homeowners; the number of Town events where educational materials and displays were available; the number of business receiving stormwater materials; and the number of people attending stormwater workshops. 7.2 Public Involvement and Participation 7.2.1 BMP Summary Table 7.2.1 describes the activities the Town will undertake to meet the State's public involvement and participation requirements. 7.2.2 Because Maiden is a small, rural community, the Town's population is relatively homogenous ethnically, racially, socio-economically and 4 BMP Summary Table 7.2.1. Best Management Practices and Measurable Goals for Public Involvement and Participation. Year BMP Measurable Goals 1 2 3 4 5 Responsible Position/Part 1 Establish Citizen The Council will meet at least semi- Stormwater Council annually to provide oversight and suggest X X X X X Town Manager changes to the Town's stormwater program. Council members will include citizens from the Town and the Town's ETJ area. 2 Encourage Reporting of Through the dissemination of brochures X X X X X Town Manager Local Water Quality and similar materials, a phone number will Problems & Violations be provided where Town residents can report local water quality concerns and violations. culturally. The focus of this component of the Town's stormwater program will again be involving primarily homeowners and people in planning, oversight, and community involvement activities. 7.2.3. An advertised public hearing before the Town Council was held to receive public comment on the Town's stormwater program prior to its official adaptation by the Town Council. As an integral component to the public involvement requirement, the Town will establish a citizen stormwater council that will help staff evaluate the effectiveness of the Town's program over time and suggest changes to the program as deemed necessary. 7.2.4. Because Maiden is a relatively small town, a limited number of organized civic and community groups exist. For this reason, it will be difficult to find individuals and organizations willing to actively participate in activities such as storm drain stenciling and adopt -a -stream programs. One of the roles of the stormwater council will be to identify over time individuals in the community with expertise in various stormwater topics willing to educate others about stormwater impacts, as well as identify organizations willing to participate in stormwater-related activities and projects. 7.2.5. The success of this particular minimum measure will be evaluated based on the following: the number of meetings held by the citizen stormwater council and the number of phone calls received by the Town reporting water quality violations or expressing concerns regarding water quality. 7.3. Illicit Discharge Detection and Elimination 7.3.1. BMP Summary Table 7.3.1 describes the activities the Town will undertake to meet the State's illicit discharge detection and elimination requirements. 7.32. The Town is completing a project that will display contour lines overlaid on a map of the Town's planning area. This map will also include the location of outfalls and storm drains. This map will assist the Town in displaying and quantifying the movement of direction flow of stormwater to specific receiving streams. Field data is also being collected using GPS technology and is being stored, manipulated and mapped using GIS. This work is scheduled to be completed by May, 2004. The information being collected for this effort can be displayed with previously collected data layers including roads, zoning, and parcel data. The development, analysis, and storage of this information in a GIS-data base will facilitate the regular updating of these maps on an anticipated five-year interval. 5 BMP Summary Table 7.3.1. Best Management Practices and Measurable Goals for Illicit Discharge Detection and Elimination. Year -_ _ _ = BMP Measurable Goals 1 2 3 4 5 Responsible Position/Part 1 Map Storm Sewer Identify & map the location of all outfalls & System the names and location of streams in the X X X X X Town Manager Town's planning area that receive discharges from these outfails. 2 Identify Illegal Identify & eliminate illegal discharges and X X X X X Town Manager Discharges to the Storm illicit connections to the storm sewer Sewer System system. 3 Adopt Stormwater Adopt ordinance(s) to prohit the non Management stormwater discharges into the storm X Town Manager sewer system and to grant the Town legal authority to take enforcement action when a violation occurs. 4 Distribute Brochures Distribute educational materials to citizens X Town Manager and business about preventing/eliminating non stormwater discharges 7.3.3. The Town will adopt a Stormwater Management Ordinance. This ordinance will prohibit the discharge of materials to streams that are not carried in stormwater or covered under a NPDES permit issued the North Carolina Department of Health and Natural Resources. This ordinance will be adopted by Maiden by the end of Year 1 of the Town's stormwater program. (Maiden will be adopting a stormwater protection ordinance prohibiting nonstormwater discharges similar in nature to that adopted by Greensboro, NC - see Attachment #5 in the Appendix.) 7.3.4. The Stormwater Management Ordinance will continue to be enforced by the Town's Zoning Administrator. 7.3.5. Detection and Elimination 7.3.5.1. High priority areas will include streams draining businesses located along Business US 321, Boyd Street and Union Street. These areas represent the older commercial and industrial areas of Town and are likely to contain the majority of illicit discharges or connections to the storm system such as floor drains. Over time, as educational outreach efforts are implemented, calls from citizens and businesses may help identify other priority areas. 7.3.5.2. Streams are currently walked monthly to inspect sewer outfalls as part of the Town's NPDES requirements. Most sewer lines run along the length of their respective streams due to gradient. The Town has existing utility easements in place that allow staff access to these lines and streams for conducting inspections and needed maintenance. Suspicious appearing discharges are typically traced to their point of origin and when warranted, dye tests are performed. 7.3.5.3. A letter from the Town will be sent to the noncompliant individual or business notifying them that they are in violation of the Town's Stormwater Management Ordinance. Emphasis will be placed on obtaining voluntary compliance initially. However, if the violator does not take action to comply with the Town's ordinance, the Town will take appropriate legal action to ensure removal of the illicit discharge. 7.3.5.4. A major responsible of the Town's Stormwater Advisory Council will be to evaluate the effectiveness of all program elements and suggest changes where appropriate. rr. BMP Summary Table 7.5.8. Best Management Practices and Measurable Goals for Post Construction Stormwater Management. - Year BMP Measurable Goals Adopt a local ordinance to manage 1 2 3 4 5 Responsible Position/Party 1 Adopt a Local Post X Town Manager Construction Stormwater stormwater runoff from development and Management Ordinance redevelopment sites within the Town's planning area. 2 Septic tank maintenance Information on septic tank maintenance X X X X X Town Manager information will be available for citizens visiting Town Hall 7.3.6. Non Stormwater Discharges. water discharges or flows pollutants in Maiden. 7.3.7. Not applicable. None of the listed categories of non -storm are considered significant contributors of 7.3.8. The Public Education component of the Town's stormwater program will be used to educate homeowners and businesses about the hazards associated with illegal discharges and the improper disposal of wastes. Educational outreach efforts will include mailings and public workshops. Town employees and contractors will receive instruction on the proper handling of wastes via employee training as listed under Pollution Prevention/Good Housekeeping for Municipal Operations. 7.3.9. In conjunction with Town staff, the Town's Stormwater Advisory Council will evaluate the effectiveness of all program elements and suggest changes where appropriate. 7.3.10. This program component will be evaluated by documenting the number of illegal discharges removed, recording the number of businesses and homeowners receiving educational information about illicit discharges and proper storage of wastes, and documenting the number of Town employees and contractors receiving training in this area. 7.4. Construction Site Stormwater Runoff Control The Town will continue to rely on the Land Quality Section with the NC Department of Environment and Natural Resources' Regional Office in Mooresville to administer the state's sedimentlerosion control regulations within the Town's planning jurisdiction. 7.5. Post -Construction Storm Water Management in New Development and Redevelopment 7.5.8. See BMP Summary Table 7.5.8. t found on the following page. 7.5.9.1. The Town currently administers a Water Supply Watershed Protection Ordinance that places limits on density and impervious surfaces regarding new development for a portion of the Town's planning area. 7.5.9.2. The Town has no policies or ordinances that specifically encourage infill development. 7.5.9.3. The Town currently has no education programs in place. 7 7.5.9.4. The Town has no measures or programs currently in place as described. 7.5.10.1. The Town currently does not allow engineered stormwater control structures to be built for controlling runoff. The Town has adopted the 10%/70% option for the WS-II balance of the watershed area for the Allen Creek Watershed. New development that occurs within the remainder of the Town's planning area that occupies a water supply watershed must be developed under the low - density option. 7.5.10.2. Grass swales and ditches collect and transport runoff along about 50% of the streets in Town. 7.5.10.3. The Town does not require infiltration basins or trenches under any of its land use regulations. 7.5.11. The Town currently administers a water supply watershed protection ordinance in about 20% of the Town's planning jurisdiction. It is the Town's intent to amend this existing ordinance to meet the Phase II post - construction runoff requirements in the remainder of the Town's planning area. A copy this ordinance appears as Attachment #6 in the Appendix. 7.5.12. The Town currently has no provisions or guidelines covering the annual inspection of stormwater control structures since these BMPs are not allowed under the Town's existing watershed protection ordinance. 7.5.13.1. The Town will amend its current water supply watershed protection ordinance and administer this ordinance for the Town's entire planning area for managing stormwater associated with new development and redevelopment projects. 7.5.13.2. The program will be locally tailored by amending the Town's current water supply watershed protection ordinance, where appropriate, and administering this ordinance throughout the Town's planning area. Educational materials will also be available at the Town Hall for distribution to homeowners on proper septic tank care and maintenance. 7.5.14. The success of the post -construction ordinance will be measured in part on how many new development and redevelopment projects are affected by the ordinance annually. The success of the septic tank maintenance program will be evaluated by how many brochures or pamphlets are distributed annually. 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 7.6.1. BMP Summary Table 7.6.1 for this component of the Town's stormwater program can be found on the following page. 7.6.2. Except for its sanitary sewer system, all of the Town's municipal operations are either outsourced, such as solid waste pickup and road maintenance, or handled by other entities, such water line extension and maintenance by the Maiden Water Corporation. The Town does not own or operate any industrial facilities that have received a General Stormwater Permit. 7.6.3. The Town will require contractors that regularly work for the Town to attend stormwater management workshops. The Town does not have any existing materials it plans to use for meeting the Pollution Prevention/Good Housekeeping requirement. However, the Town anticipates that existing training and education materials available from sources such as US EPA, NC State University and NC Cooperative Extension Service will likely be sufficient to educate contractors about minimizing stormwater impacts associated with their routine activities. 7.6.4. The Town has an Inflow and Infiltration (I&I) Program that results in scheduled inspections of part of the Town's sewer system each year. Flow meters are used to identify unusually high flows in the system. When these atypical flows are documented, the lines are smoke tested and/or shot with a camera to identify holes and cracks. Maintenance is performed on the lines on an as needed basis. 7.6.5. The Town has a mechanic that oversees vehicle maintenance. Materials employed for de-icing streets and sidewalks are stored uncover in a bin. 7.6.6. Waste materials from the MS4 are extracted or skimmed off. The collected waste products are transported to the Catawba County Landfill for disposal. 7.6.7. The Town has five streams that have riparian lands occupying a 100-year floodplain: Allen Creek, Clark Creek, Maiden Creek, Put Gut Creek and an unnamed tributary to Maiden Creek. New development projects slated for these areas are reviewed by a committee consisting of the Town Manager, Planner, Police Chief, Fire Chief and Public Works Director prior to issuance of a building permit. Within the Town's water supply watershed area, 100-foot vegetative buffers are required along Allen Creek, Maiden Creek and Maiden Reservoir. All other perennial waters 9 BMP Summary Table 7.6.1. Best Management Practices and Measurable Goals for Pollution Prevention of Municipal Operations. .: - Year- _ _ BMP Measurable Goals 1 2 3 1 4 5 Responsible Position/Party 1 Train Municipal Staff Provide workshops to Town staff and X X X X X Town Manager and Contractors contractors outlining how stormwater pollutant loading can be reduced from municipal supervised activities . within the Town's watershed area have 30-foot minimum, vegetative buffers. 7.6.8. The Town's water supply watershed protection ordinance will be re- evaluated to determine if changes should be made to render this ordinance more effective in minimizing runoff associated with new development, encouraging more compact development projects, and providing greater protection of natural waterways. 7.6.9. Not applicable. 7.6.10. The Pollution Prevention/Good Housing workshops will emphasize how Town employees can reduce pollutant loadings associated with activities that they are responsible for or directly conduct on a regular- basis. Employee responsibilities that fall within this category that receive attention at these annual trainings include sewer line installation and maintenance, vehicle maintenance, storage of materials (such as de-icing compounds), and application and storage of pesticides and herbicides. Land management and maintenance at the Town's parks will also be covered. The Town Manager will be responsible for supervising this aspect of the Stormwater Program. 7.6.11. Success will be measured based on the number of employee hours of training received by Town staff on an annual basis. While more difficult to quantify, success will also be evaluated based on changes in practices and behaviors associated with Town operations that result in pollution prevention and minimization as a result of training. fi17 Attachment #1 LINC Report (Selected Geographic Areas) LINC Variable: Population Area Name 2000 1990 Drexel 1,938 1,746 -Maiden 3.177 2,47(i Rutherford College 003 1,126 Data Derinitions Population (Census/Estimate/Projection) (5001): Depending on the year, this is the corrected census count (April census year), or the estimate or projection from the State Demographer (April I census years, July I all other years). A projection differs from an estimate in that it relies on certain assumptions about long-term trends in data which are not yet available, while an estimate is based on data from predictor variables that are available for the estimate year. See variable 100 (POPARS) for an age/race/sex breakdown of the same data for counties (also available as a topic report). POPULATION is useful as a denominator for deriving per capita versions of other variables. However, when making per capita calculations from the BEA data (variables 3001-3187), use variable 3004 (BEAPOP) for the denominator. Note also that the numbers are rounded to the nearest 100 for years 1971-1979. Other years are not rounded: this is not meant to imply that estimates and projections are accurate to the single digit but rather to allow greater precision in deriving per capita figures. For municipalities, POPULATION is available for 1970 and for 1980 through the current estimate year. There are Po projections for municipalities. 'As is the case for counties, the municipal numbers for the census years are 1W percent counts and reflect all known corrections which have been issued by. the Census Bureau. For the other years, the figures are those published in "North Carolina Municipal Population," usually available in the fall of the year after the estimate year. If you use LINC to retrieve population for all counties and municipalities, the county balance will show for years 1986 and following. For any year other than census years, the population estimates for municipalities, municipal parts, and county balances are not adjusted to reflect subsequent revisions in the estimate of county population, The municipal estimates are based on municipal boundaries for the estimate year. (Another set of estimates, used for revenue distribution, is prepared based on the boundaries one year after the estimate year, but that set is not in the LINC database.) Occasionally, new incorporations occur, and past census figures are made available, as well as current estimates, for the new places. Since these places did not exist as such at the time of the census, the census figures are separation counts, and do not appear in census publications. IMPORTANT: The municipal estimates for any year are generated independently from those of other years. This practice allows flexibility for improvement in data sources and methods from year to year. Furthermore, changes in municipal populations are heavily influenced by annexations. For these reasons, POPULATION should not be used to track year-to-year trends for municipalities. Instead, its value for the year of interest should be compared with values of census counts to show growth. However, POPULATION can be used at the county level to show year-to- year trends. The state total population may differ from the sum of counties due to rounding of estimates or projections. Source: State Agency Data: Office of the Governor April 19, 2004 Attachment #2 t N 0 0.25 0.5 1 1 1 1 1 1 1 1 1 1 Miles �L CATAW BA COUNTY -uNco� �N j COUNTY STREAMS L - COUNTY BOUNDARY MAIDEN CITYLIMIT 0 MAIDEN ETJ ROADS US 321 WS-II 1 v 3N J ■F r �'} ti �Y �• x MV ate.. �. y YA , • , �.: MAIDEN,. : . V' CITY OF MAIDEN, EXTRA TERRITORIAL JURISDICTION (ETJ) ANDThis map was created by the Western WATERSHED Piedmont Council of Governments using the latest data provided by Catawba County GIS and ESRI. 4/22/04 y.4wpcog_projects4M a idenZma n_Ma iden_Paroe I_e nd_Hyd rogra phy_M ap. m xd North Carolina Waterbodies Listed by County Note: Waterbodics arc listed in more than one county if they cross county lines. Attachment #3 Report Date: 04117104 Records Found: 100 Search Parameters: County: Catawba Class: SpDes: Name: Desc: index#: Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # tl! CataWbd'C0Uaty H. CATAWBA RIVER From U.S. Highway 321 WS-IV,B;CA 08/03/92 Catawba ll-(53) (Lake Hickory Bridge to N.C. Hwy. 127 below elevation 935) Horseford Creek From source to a WS-IV 08/03/92 Catawba 11-54-(0.5) point 0.7 mile upstream of mouth Frye Creek From source to WS-IV 08/03/92 Catawba 11-54-1 Horseford Creek Cripple Creek From source to WS-IV 08/03/92 Catawba 11-54-2 Horseford Creek Horseford Creek From a point 0.7 mile WS-IV;CA 08/03/92 Catawba 11-54-(3) upstream of mouth to Lake Hickory, Catawba River CATAWBA RIVER From N.C, Hwy. 127 to WS-V,B 08/03/92 Catawba ll-(59.5) (Lake Hickory Oxford Dam below elevation 935) Failing Creek From source to Lake C 09/01/74 Catawba 11-60 Hickory, Catawba River Snow Creek From source to Lake C 09/01/74 Catawba 11-61 Hickory, Catawba River Long Shoal Creek From source to Lake WS-V,B 06/03/92 Catawba 11-64 Hickory, Catawba River Naked Creek From source to Lake C 03/01/62 Catawba 11-66 Hickory, Catawba River CATAWBA RIVER From Oxford Dam to a WS-IV 04/01/99 Catawba ll-(67) (Lookout Shoals point 0.6 mile upstream Lake below of mouth of Lower elevation 845) Little River CATAWBA RIVER From a point 0.6 mile WS-IV;CA 04/01/99 Catawba 11-(68.5) (Lookout Shoals upstream of mouth of Lake below Lower Little River to elevation 845} Elk Shoal Creek (East Side) Page 1 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Elk Shoal Creek From source to a WS-IV 04/01/99 Catawba 11-71-(0.3) (West Side) point 0.1 mile upstream of Dellinger Creek Elk Shoal Creek From a point 0.1 mile WS-IV;CA 04/01/99 Catawba 11-71-(0.7) (West Side) upstream of Dellinger Creek to Lookout Shoals Lake, Catawba River Dellinger Creek From source to a WS-IV 04/01/99 Catawba 11-71-1-(1) point 0.1 mile upstream of mouth Dellinger Creek From a point 0.1 mile WS-IV;CA 04/01/99 Catawba 11-71-1-(2) upstream of mouth to Elk Shoal Creek CATAWBA RIVER From Elk Shoal Creek WS-IV,B;CA 04/01/99 Catawba 11-(72) (Lookout Shoals (East Side) to Lake below Lookout Shoals Dam elevation 845) CATAWBA RIVER From Elk Shoal Creek WS-IV,B;CA 04/01/99 Catawba ll-(72) (Lookout Shoals (East Side) to a Lake below point 0.5 mile upstream elevation 845) of Lookout Shoals Dam CATAWBA RIVER From Lookout Shoals Dam WS-IV;CA 08/03/92 Catawba 11-(74) (Lake Norman to Lyle Creek below elevation 760) CATAWBA RIVER From a point 0.5 mile WS-IV,B;CA 08/03/92 Catawba (Lookout Shoals upstream of Lookout Lake below Shoals Dam to Lookout elevation 845) Shoals Dam CATAWBA RIVER From Lyle Creek to WS-IV,B;CA 08/03/92 Catawba 11-(75) (Lake Norman Cowan's Ford Dam below elevation 760) Lyle Creek From source to Bakers C 09/01/74 Catawba 11-76-(O.S) Creek Herman Branch From source to Lyle C 09/01/74 Catawba 11-76-1 Creek Mahaffie Branch From source to Lyle C 09/01/74 Catawba 11-76-2 Creek Bakers Creek From source to Lyle C 09/01/74 Catawba 11-76-3 Creek Lyle Creek From Bakers Creek to WS-IV 08/03/92 Catawba 11-76-(3.5) U.S. Hwys, 64 R 70 Mull Creek From source to Lyle WS-IV 013/03/92 Catawba 11-76-4 Creek Page 2 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Lyle Creek From U.S. Hwys. 64 & 70 WS-IV;CA 08/03/92 Catawba 11-76-(4.5) to Lake Norman, Catawba River McLin Creek From source to C 09/01/74 Catawba 11-76-S-(0.3) Catawba County SR 1734 McLin Creek From Catawba County WS-IV 08/03/92 Catawba 11-76-5-(0.7) SR 1734 to a point 0.2 mile upstream of Catawba County SR 1722 Long Creek From source to McLin WS-IV 08/03/92 Catawba 11-76-5-1 Creek Hagan Fork From source to C 09/01/74 Catawba 11-76-5-2-(1) Catawba County SR 1806 Hagan Fork From Catawba County WS-IV 08/03/92 Catawba 11-76-5-2-(2) SR 1806 to McLin Creek McLin Creek From a point 0.2 mile WS-IV;CA 08/03/92 Catawba 11-76-5-(3) upstream of Catawba County SR 1722 to Lyle Creek Unnamed Tributary From source to Lake WS-IV;CA 08/03/92 Catawba 11-77 at Catawba Norman, Catawba River Balls Creek From source to a WS-IV 08/03/92 Catawba 11-80-(0.51 (hurrays Mill point 0.7 mile upstream Lake) of mouth Gold Mine Creek From source to Balls WS-IV 08/03/92 Catawba 11-80-1 Creek Balls Creek From a point 0.7 mile WS-IV;CA 08/03/92 Catawba 11-80-(2) upstream of mouth to Lake, Norman, Catawba River Terrapin Creek From source to a WS-IV 08/03/92 Catawba 11-81-(1) point 0.5 mile upstream of mouth Terrapin Creek From a point 0.5 mile WS-IV;CA 08/03/92 Catawba 11-81-(2) upstream of mouth to Lake Norman, Catawba River Holdsclaw Creek From source to point WS-IV,B 08/03/92 Catawba 11-90-(1) 0.6 mile upstream of earthen dam Holdsclaw Creek From a point 0.6 mile WS-IV,B;CA 08/03/92 Catawba 11-90-(2) upstream of earthen dam to Lake Norman, Catawba River Beaverdam Creek From source to Lake WS-IV,B;CA 08/03/92 Catawba 11-94 Norman, Catawba River Page 3 of 7 Name of Stream Description Curr, Class Date Prop. Class Basin Stream Index # Bettie Creek From source to Lake WS-IV,B;CA 08/03/92 Catawba 11-95 Norman, Catawba River Mountain Creek From source to Lake WS-IV;CA 08/03/92 Catawba 11-96 Norman, Catawba River North Fork From source to a WS-IV 08/03/92 Catawba 11-97-(0.5) Mountain Creek point 0.5 mile upstream of mouth Battle Run From source to North WS-IV 08/03/92 Catawba 11-97-1 Fork Mountain Creek North Fork From a point 0.5 mile WS-IV;CA 08/03/92 Catawba 11-97-(2) Mountain Creek upstream of mouth to Lake Norman, Catawba River South Fork From source to a WS-IV 08/03/92 Catawba 11-98-(0.5) Mountain Creek point 1.0 mile upstream of mouth Jones Lake Entire lake and WS-IV 08/03/92 Catawba 11-98-1 connecting stream to South Fork Mountain Creek South Fork From a point 1.0 mile WS-IV;CA 08/03/92 Catawba 11-98-(3) Mountain Creek upstream of mouth to Lake Norman, Catawba River Reed Creek From source to a WS-IV 08/03/92 Catawba 11-99-ti) point 0.7 mile upstream of mouth Reed Creek From a point 0.7 mile WS-IV;CA 08/03/92 Catawba 11-99-(2) upstream of mouth to Lake Norman, Catawba River Mundy Creek From a point 0.6 mile WS-IV,B;CA 08/03/92 Catawba 11-100-(2) upstream of mouth to Lake Norman, Catawba River Lippard Creek From source to C 08/03/92 Catawba 11-119-1-3 Leepers Creek Link Creek From source to C 08/03/92 Catawba 11-119-1-3-1 Lippard Creek Killian Creek From source to a C 03/01/62 Catawba 11-119-2-(0.5) point 1.2 miles upstream of mouth Wilkinson Creek From source to C 03/01/62 Catawba 11-119-2-2-1-1 Wingate Creek South Fork From source to WS-V 08/01/98 Catawba 11-129-(0.5) Catawba River Catawba -Lincoln County Line Page 4 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Henry Fork From Laurel Creek to C 03/01/62 Catawba 11-129-1-(i2.5) South Fork Catawba River Longview Creek From source to Henry C 09/O1/74 Catawba 11-129-1-17 Fork Pepsi Branch From source to Longview C 09/01/74 Catawba 11-129-1-17-1 Creek Geitner Branch From source to Henry C 03/01/62 Catawba 11-129-1-18 Fork Barger Branch From source to Henry C 03/01/62 Catawba 11-129-1-19 Fork Muddy Creek From source to Henry C 03/01/62 Catawba 11-129-1-20 Fork Jacob Fork From Camp Creek to a WS-III 08/03/92 Catawba 11-129-2-(9.5) point 0.6 mile upstream of mouth Rock Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-11 Fork Douglas Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-12 Fork Camp Creek From source to Jacob WS-III 0a/03/92 Catawba 11-129-2-13 Fork Hop Creek From source to Jacob WS-III 08/03/92 Catawba 11-129-2-14 Fork Jacob Fork From a point 0.6 mile WS-III;CA 08/03/92 Catawba 11-129-2-(15) upstream of mouth to South Fork Catawba River (Town of Newton water supply intake) South Fork From Catawba -Lincoln WS-Iv 08/01/98 Catawba 11-129-(2.5) Catawba River County Line to a point 0.8 mile upstream of Lincoln County SR 1008 Pott Creek From source to point C 08/01/98 Catawba 11-129-3-(0.3) 0.3 mile upstream of Lincoln County SR 1217 Cow Branch From source to Pott C 08/01/98 Catawba 11-129-3-1 Creek Sampson Creek From source to Pott C 08/01/98 Catawba 11-129-3-2 Creek Haas Creek From source to Pott C 08/01/98 Catawba 11-129-3-3 Creek Rhodes Mill Creek From source to Pott C 08/01/98 Catawba 11-129-3-4 Creek Page 5 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Howards Creek Prom source to South C 08/01/98 Catawba Fork Catawba River Clark Creek From source to a C 08/01/98 Catawba (Shooks Lake) point 0.9 mile upstream of Walker Creek Miller Branch From source to Clark C 09/01/74 Catawba (Bolicks Dry Creek Branch) Cline Creek From source to Clark C 09/01/74 Creek Conover Branch From source to Cline C 09/01/74 Creek Hildebran Creek From source to Clark C 09/01/74 (Anthony Creek) Creek Town Creek From source to Clark C 09/01/74 Creek Smyre Creek From source to Town C 09/01/74 Creek Bills Branch From source to Clark C 07/01/95 (Bili Branch) Creek Betts Branch From source to Clark C 07/01/95 Creek Pinch Gut Creek From source to Clark C 09/01/74 Creek Long Branch From source to Pinch C 07/01/95 Gut Creek Maiden Creek From source to a WS-II;HQW 08/03/92 point 0.7 mile upstream from backwaters of Maiden Reservoir Bee Branch From source to Maiden WS-II;HQW 08/03/92 Creek Maiden Creek, From a point 0.7 mile WS-II;HQW, 08/03/92 including upstream from CA Maiden backwaters of Maiden reservoir below Reservoir to dam at elevation 842 Maiden Reservoir Maiden Creek Prom dam at Maiden C 07/01/95 Reservoir located 680 feet more or less upstream from the bridge on Catawba County SR 1810 to Pinch Gut Creek Catawba Catawba Catawba Stream Index # 11-129-4 11-129-5-(0.3) 11-129-5-1 11-129-5-2 11-129-5-2-1 11-129-5-3 Catawba 11-129-5-4 Catawba 11-129-5-4-1 Catawba 11-129-5-5 Catawba 11-129-5-6 Catawba 11-129-5-7 Catawba 11-129-5-7-1 Catawba 11-I29-5-7-2-(1) Catawba 11-129-5-7-2-2 Catawba 11-129-5-7-2-(2.5) Catawba 11-129-5-7-2-(3) Page 6 of 7 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Allen Creek From source to a WS-II;HQW 08/03/92 point 0.7 mile upstream of Maiden water supply intake Allen Creek From a point 0.7 mile WS-II;HQW, 08/03/92 upstream of Maiden CA water supply intake to Maiden water supply intake Allen Creek From Maiden water C 07/01/95 supply intake to Maiden Creek Carpenter Creek From source to Maiden C 07/01/95 Creek Shady Branch From source to Pinch C 07/01/95 Gut Creek Indian Creek From source to a WS-II;HQW 08/03/92 point 0.5 mile upstream of Mill Creek Little Indian From source to Indian WS-II;HQW 08/03/92 Creek Creek Catawba 11-129-5-7-2-4-(1) Catawba 11-129-5-7-2-4-(2) Catawba 11-129-5-7-2-4-(3) Catawba 11-129-5-7-2-5 Catawba 11-129-5-7-3 Catawba 11-129-8-(1) Catawba 11-129-8-2 Page 7 of 7 Attachment #4 Town of Maiden Oreanizational Chart Council Members Name Title Term Expires Zane R. Hudson Mayor 2006 Kevin Spiva Pro Tem/Council 2006 Bill Brotherton Council 2006 Marsha Howard Council 2006 George McClellan Council 2008 Brad Shelton Council 2008 Planning Board Barbara Brown Board Member NA Richard Cansler Board Member NA Aundria Jones Board Member NA Pat Keener Board Member NA Marcus Midgett Board Member NA Barbara Poovey Board Member NA Sandy Hudson Board Member NA Town Staff Todd Clark Town Manager NA Patricia Miller Finance Officer NA Tracy Ledford Interim Chief of Police NA Eddie Faulkner Public Works Director NA Mike Lingerfelt Sewer Plant Superintendent NA Danny Hipps Recreation Director NA Kevin Sanders Zoning/Code Enforcement Officer NA Burl Shrum Fire Chief NA Wendy Vanover Town Clerk NA Anthony Starr Planning Director NA Attachment 5 Chapter 27 STORM WATER MANAGEMENT ORDINANCE* *Editor's note: Ord. No. 94-22, § 1, adopted May 2, 1994, enacted provisions pertaining to storm water management and designated as Ch. 27 herein set out. Words in brackets [ ) have been added by the editor for clarity. Cross references: Buildings and building regulations, Ch, 6; fire protection and prevention, Ch. 10; hazardous waste management, Ch. 10.5; nuisances, Ch. 17; planning and development, Ch. 22; soil erosion and sedimentation control, Ch. 24; water, sewers and waste disposal, Ch. 29; zoning, Ch. 30. Art. I. In General, §§ 27-1 27-20 Art. II. Commercial and Residential, §§ 27-21-27-30 Art. III. Illicit Discharges and Improper Discharges, §§ 27-31-27-40 Art. IV. Industrial and Related Facilities, §§ 27-41-27-45 Art. V. Construction Site Runoff, §§ 27-46-27-60 Art. VI. Enforcement, §§ 27-51--27-60 Art. VII. Appeals, §§ 27-61--27-65 Art, VIII. Service Charges and Rates, §§ 27-66--27-68 Art. IX. Annexation, § 27-69 ARTICLE I. IN GENERAL Sec. 27-1. Title. This chapter shall be and is collectively referred to and cited as "The Storm Water Management Ordinance of Greensboro, North Carolina." (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-2. Purposes. The purpose of this chapter is to protect and promote the public health, safety and welfare by preventing the introduction of potentially harmful materials into the city storm sewer system; to protect property from potential storm water damage; to maintain and enhance water quality; and to meet the requirements in the City of Greensboro's National Pollutant Discharge Elimination System Permit for Storm Water Discharges. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-3. Objectives. [The objectives of this chapter are the following;] (1) To provide for the enforcement of the city's storm water quality management program; (2) To reduce the discharge of pollutants to the storm sewer system to the maximum extent practicable by requiring, where appropriate, the use of best management practices, structural and/or nonstructural storm water quantity and quality control measures and other provisions; (3) To provide for the inspection and proper maintenance of structural and nonstructural storm water controls and the municipal separate storm sewer; (4) To prohibit non -storm water discharges to the city storm sewer and require the removal of illicit connections to the city storm sewer; (5) To prevent improper disposal of materials that degrade water quality; (6) To permit sampling and monitoring for pollutants such as those associated with illicit discharges, improper disposal, industrial and construction activities, and the application of pesticides, herbicides, and fertilizers; and (7) To reduce erosion associated with storm water runoff. (Ord. No. 94-22, § 1, 5-2-94) See.27-4. Jurisdiction. The provisions of this chapter shall apply to all the territory encompassed in the City of Greensboro, North Carolina and shall govem the development and use of land and structures therein. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-6. Authority. This chapter is adopted pursuant to the following authorities in NCGS: Chapter 15 (Criminal Procedure), Chapter. 113A (Pollution Control and Environment), Chapter 130A (Public Health), Chapter 160A (Cities and Towns). (Ord. No. 94-22, § 1, 5-2-94) Sec.27-6. Abrogation. This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-7. Definitions. [For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto:] Best management practice (BMP). A structural or nonstructural management - based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals. (Ref: Section 30-2- 2.2) Built -upon area. That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel (for pedestrian or vehicular use), recreation facilities (e.g. tennis courts), etc. (Note: wooden slatted decks and the water area of a swimming pool are not considered built -upon area.) Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of the city storm sewer. Conveyance. Any feature of the landscape or earth, manmade or natural, that carries water in a concentrated flow. Developer. A person engaged in land, site, or building development. (Ref: Section 30-2-2.7.) Discharge. Additions of pollutants into waters of the United States from: Surface runoff which is collected or channelled by man; discharges through pipes, sewers, or other conveyance owned by a stated municipality, or other person which does not lead to a treatment works; and discharges through pipes, sewers, or other conveyance, leading into privately owned treatment works. (Ref: 40 CFR 122.2) Ditch/swale. Open channel that infiltrates and/or transports runoff waters. Drainage. The flow of runoff into a conveyance. Drainage easement. An easement which grants to the city council the right to maintain conveyances of drainage structures. (Ref; Section 30-2-2.4) Easement. A grant of one (1) or more of the property rights, by the property owner, to, or for use by, the public, a corporation, or other entity. (Ref: Section 30-2-2.4) Erosion. The wearing away of land surface by the action of wind, water, gravity, or any combination thereof. (Ref: Section 30-2-2.5). Garbage. Animal and vegetable refuse resulting from the handling, preparation, cooking and consumption of food, including a minimum amount of liquid necessarily incident thereto. (Ref: Section 25-1). Having control over. Shall mean but not be limited to any person using, transferring, storing, or transporting a hazardous material immediately prior to release of such hazardous material on the land or into the air or the waters of the city. (Ref: Section 10-33) Hazardous material. Any substance which, when discharged in any quantity, may present an eminent and substantial danger to the public health or welfare or to the environment. (Ref: Section 10-33) Hazardous material response. The sending of fire department equipment to abate hazardous materials which endanger the health or safety of persons or the environment. (Ref: Section 10-33) Illicit discharge. Any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities. (Ref: 40 CFR 122.26(b) (2)) Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include but are not limited to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Municipal separate storm sewer. A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains). (Ref: 40 CFR 122.26(b) (8)) National Pollutant Discharge Elimination System (NPDES). A permitting system established by Section 402 of the Clean Water Act. Permits are issued by the Slate of North Carolina for discharges directly to the surface waters of the state. New development. Any activity for which a building permit or a grading permit is required, or any of the following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating, transporting, and filling of land. Outfall. A point source at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two (2) municipal separate storm sewers; or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. (Ref: 40 CFR 122. 25(b) (9)) Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or their legal representative agents or assigns. Preliminary plat A map indicating the proposed layout of the subdivision showing lots, streets, water, sewer, storm drainage, and any other information required in Appendix 2 (Map Standards) (Ref: Section 30-2-2.7.) Refuse. Solid waste, including but not limited to garbage, rubbish and ashes. (Ref: Section 25-1.) Riparian buffer or stream buffer. An area of native or non-native woody vegetation adjacent to a stream or other natural conveyance of water or storm water. Soil erosion and sedimentation plan. The graphic plan, including narrative where appropriate, required by the development ordinance as a prerequisite for a grading permit, the purpose of which. is to explain existing conditions and proposed grading of land including any development and to describe the activities and measures to be undertaken to control accelerated soil erosion and sedimentation. (Ref: Section 30-2- 2.5.) Substantial redevelopment. An increase or change in impervious area that impacts the municipal storm sewer system. Storm water. Storm water runoff, snow melt runoff, and surface runoff and drainage. (Ref: 40 CFR 122.26(b) (13)) (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 1, 12-5-00) Sec.27-8. Acronyms. [The following acronyms are used in this chapter.] ABEQ--Advisory board for environmental quality. BMP--Best management practice. CFR--Code of Federal Regulations. DENNR--Department of Environmental, Health, and Natural Resources. DEM--Division of environmental management. G WA --General watershed areas. NCGS--North Carolina General Statutes. NPDES--National pollutant discharge elimination system. SWPPP--Storm water pollution prevention plans. SWQMP--Storm water quality management program. WCA--Watershed critical area. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-9. Right -of -entry. (a) The city manager or his designee shall have right -of -entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. The city manager or his designee shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter. (b) Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city manager or his designee will be permitted to enter without delay for the purposes of performing specific responsibilities. (c) The city manager or his designee shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations. (d) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the city manager Q his designee. The costs of clearing such access shall be bome by the person. (e) The city manager or his designee may inspect the facilities of any user in order to ensure compliance with this chapter. Such inspection shall be made with the consent of the owner, manager, or signatory official. If such consent is refused the city manager or his designee may seek issuance or an administrative search warrant. (Ord. No. 94-22, § 1, 5-2-94) Sec.27-10. Assessments. (a) Property owners of single-family homes, townhouses and condominium properties can request that city council approve a resolution that allows storm water improvement costs to be assessed against the property as a lien. (b) The city council shall determine which storm water improvements inside the city shall be provided and the type of solution, either piping or non -piping, for the improvement. The council shall likewise determine the amount of construction cost to be borne by the abutting property owners and the amount to be borne by the city. (c) The assessment formula for storm water improvements using a piping solution shall be set at a rate that recovers one hundred (100) percent of the construction cost, including engineering, labor and materials of a fifteen -inch storm water pipe or a rate not to exceed fifty (50) percent of the total project cost, whichever is less, The assessment formula for storm water improvements using a non -piping solution shall be set at a rate of ten (10) percent of the cost, including engineering, labor and materials. The assessment rate will be reviewed for any necessary adjustments once a year in coordination with the annual budget process. (d) Upon receiving notice of completion of a stormwater management project, city council shall confirm all assessment obligations in said project and shall call for advertisement of same in a local newspaper published at least weekly and which is generally available to Greensboro citizens. Such advertisement shall run within forty-five (45) days following the date of confirmation. and shall inform that all listed assessment obligations may be fully satisfied, without interest, if payment - in -full of the total principal balance is received by the tax collector within ninety (90) days following the date of confirmation. (e) Assessment accounts not paid in full within ninety (90) days following the confirmation date shall be scheduled for payment in substantially equal installments, plus interest on the whole unpaid principal balance. Such interest shall be computed from the date of confirmation at a rate fixed in the assessment resolution, with said rate not exceeding the maximum allowed by law. The first installment shall become due and payable no later than one (1) year (three hundred sixty-five (365) days) following confirmation, with subsequent installments being due and payable on the regular and sequential cycle of the installment frequency (monthly, quarterly, semi-annually or annually) elected by the obligee(s) and with the final installment being due and payable by not later than one hundred twenty (120) months after the confirmation date. If the obligee expresses no preference as to payment frequency the assessment obligation will be scheduled for payment in ten (10) annual installments. Upon approval of the tax collector, the frequency of payment for existing assessment accounts may be changed for the economic and budgetary convenience of the obligee, with the first such change being granted without charge and with subsequent changes being granted with a transaction fee of thirty-five dollars ($35.00). (f) At any time after the first ninety (90) days in the life of an assessment account the full principal balance may be paid in full with ail accrued interest and without early payoff penalty. (Ord, No. 99-97, § 1, 6-15-99; Ord. No. 00-46, § 1, 3-7-00; Ord. No. 02-103, § 1, 6-18- 02) Secs.27-11--27-20. Reserved. ARTICLE II. COMMERCIAL AND RESIDENTIAL Sec. 27-21. New development. (a) Drainage. (1) It shall be the duty of all property owners, in order to abate and prevent nuisances resulting from improper drainage, to provide at their own expense a proper and adequate drainage system of their respective premises, such drainage system to conform to the design established by the city. (Ref: Section 29-30) (2) Rainwater leaders shall not extend beyond the building or property line, but shall be built in chases or on the inside of the wall, and shall not empty on any street or sidewalk. (Ref: Section 6-27) (3) No person shall construct or install any ditch, pipe or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of city street, water, sanitary sewer or storm sewer facilities without a permit issued by the city manager or his designee upon a finding that such city facilities will not be adversely affected by such construction or installation. (Ref: Section 29-29) (b) Subdivisions. (1) Requirements. a. For drainage requirements refer to Chapter 30 Zoning, Planning and Development, Article VI, Subdivisions: Procedures and Standards, section 30-6-13.7., Drainage. b. Street and utility construction plans for all street, water, sanitary sewer, and storm sewer facilities shall be submitted to the city following preliminary plat review but shall not be reviewed until the street and utility network on the preliminary plat has been found generally satisfactory by the technical review committee. For each subdivision section, the street and utility construction plans shall include all improvements lying within or adjacent to that section, as well as all water, sanitary sewer, and storm sewer lines lying outside that section and being required to serve that section. No street and utility construction plans shall be approved until the preliminary plat has been approved. (Ref: Section 30-6-8.1) (2) Maintenance. a. Rights -of -way and easements. The approval and recordation of a plat constitutes dedication to and acceptance by the city and the public of the right-of-way of each public street, alley or utility or drainage easement shown on such plat. The approval and recordation of a plat does not constitute acceptance of maintenance responsibility within such right-of-way or easement. Improvements within such rights -of -way or easements, such as utility lines, street paving, drainage facilities, or sidewalks, may be accepted for maintenance by the city council or by the administrative officer authorized to inspect and, where appropriate, accept the dedication of such improvements, (Ref; Section 30-6-3.3(A)) b. In accordance with city policy the developer shall be responsible for establishing proper connections with existing storm sewer lines and shall bear ultimate responsibility for the correction of any problems associated with that connection. (See Greensboro's Roadway and Utility Design Manual) (c) Soil erosion and sedimentation control. (1) Incorporation of section 30-7-4 (Soil Erosion and Sedimentation Control). This section incorporates by reference the requirements of section 30-7- 4, Soil Erosion and Sedimentation Control. (d) Water supply watershed districts. (1) Incorporation of section 30-7-1 (Water Supply Watershed Districts); section 30-7-2 (General Watershed Areas); section 30-7-3 (Watershed Critical Areas). This section incorporates by reference the requirements of section 30-7-1, Water Supply Watershed Districts; section 30-7-2, General Watershed Areas; section 30-7-3, Watershed Critical Areas. (e) Additional requirements. (1) Parking lot construction and paving. No new parking lot, loading dock construction, or the construction of similar structures or the grading/or paving of existing parking lots, loading docks, or similar structures shall be undertaken until the developer obtains a permit from the city. The site shall be inspected before, during and after construction. Any violation of the permit shall result in permit revocation and cessation of construction until the violations are corrected. (2) Stormwater management. The design, construction, and maintenance of stormwater improvements to meet the requirements of section 27-22 or section 30-7 shall be according to the City of Greensboro Stormwater Management Manual under the specifications and requirements as set out by the city manager and on file in the office of the city clerk, which specifications and requirements are hereby adopted and made a part of this chapter as if set out in full. (3) Reserved for; Development Policy Manual. (4) Responsibility of property owner. It shall be the responsibility of the property owner to correct drainage controls on individual properties that do not function properly or are not constructed according to their design. (5) New storm sewer design and construction. All new storm sewers shall be constructed according to the City of Greensboro Storm Sewer Design Manual. (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-54, §§ 3--6, 4-4-00) Sec. 27-22. Stormwater management control requirements. (a) (b) (c) (d) Purpose. (1) The purpose of the "Stormwater Management Control Ordinance" is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased stormwater runoff associated with new development or redevelopment within the City of Greensboro. Proper management of stormwater runoff, including the provision of appropriate stream buffers, will minimize damage to public and private property, promote a functional storm drainage system, reduce local flooding and drainage problems, and maintain, to the extent practicable, the pre - developed stormwater runoff characteristics of the developed site. Applicability. (1) Coverage. This section (Stormwater Management Control Requirements) applies to the following type of developments. a. All sites containing new development and/or redevelopment including grading, paving, gravel placement, and construction of buildings and other structures within the corporate limits and the extraterritorial jurisdiction of the City of Greensboro. b. The construction and installation of new public improvements by local government agencies shall comply with the provisions of this article to the extent practicable. Participation in a regional stormwater management facility. (1) Where permitted. Where a regional stormwater management facility has been established by one (1) or more local govemments, or by an authority operating on behalf of one (1) or more local governments, a development may participate in said program in lieu of any certification of runoff control required by this article, provided that: a. Runoff from the development drains to an approved existing or proposed public regional stormwater management facility that will be operational within two (2) years; b. Participation is in the form of contribution of funds, contribution of land, contribution of stormwater management facility construction work, or a combination of these, the total value of which shall be in accordance with fee schedule adopted by the City Council; and C. The technical review committee finds that the stormwater management plan is in compliance with all other applicable requirements of this article. (2) Use of contributions. Each contribution from a development participating in a regional stormwater management facility shall be used for acquisition, design, construction or maintenance of one (1) or more such facilities in the same watershed in which the development is located. Stormwa ter ma nagemen t plan. (1) Plan required. A stormwater management plan and separate maintenance plan in accordance with the requirements of this article shall be submitted to the enforcement officer and shall include all applicable information listed in the Stormwater Management Manual and the Storm Sewer Design Manual. The stormwater management plan may be combined with any required watershed development plan. (2) Plan approval. The technical review committee is authorized to approve the stormwater management plan, which is in conformance with the requirements of this article. Approval of the stormwater management plan must be as follows: a. Site plans: The stormwater management plan and separate maintenance plan must have approval prior to or concurrent with site plan approval. b. Preliminary subdivision plats: The stormwater management plan must have approval prior to or concurrent with preliminary subdivision plat approval except that when a stormwater management improvement is proposed, the construction plan details including proposed grading, dimensions, calculations, etc. for the proposed improvement and the separate maintenance plan may be approved following preliminary subdivision plat approval. The construction plan details and separate maintenance plan must be approved prior to issuance of any permits as specified in section 27-22(d)(3). (3) Approved plan a prerequisite. The enforcement officer is not authorized to issue any permits, except as provided in section 30-3-4.2 (Permits Issued Prior to Site Plan or Preliminary Plat Approval) of the Greensboro Development Ordinance, for development on any land unless and until a stormwater management plan, that is in compliance with the requirements of this section, has been approved. (4) Plan certification requirement for structural stormwater management improvements. Where a structural stormwater management improvement is required for a development to meet the requirements of this article, a North Carolina licensed professional engineer shall sign and seal a certification on the plan that the plan meets all stormwater management requirements of this section. (e) Stormwater management improvements. (1) Construction of improvements. a. The construction of all structural stormwater management improvements, shown on an approved stormwater management plan shall be substantially completed prior to final plat recordation or issuance of any building certificate of compliance. Upon approval by the enforcement officer, a surety for the completion of stormwater management improvements may be given to the City of Greensboro in order to record the final plat. b. Final approval of the installed stormwater management improvements is required at the time of issuance of the final building certificate of compliance. If neither a building permit nor a grading permit is required for a site, then the installation of the required structural stormwater management improvements shall be substantially completed or a surety for completion must be obtained prior to installation of any built -upon area on the site. An engineer's certification of completion of the form below (which is identical to Table 30-7-1-6 of the Greensboro Development Ordinance), shall be required prior to final approval by the enforcement officer. Table 30-7-1-6 ENGINEER'S CERTIFICATION OF STORMWATER CONTROL COMPLETION The engineer's certification, required according to section 30-7-1.6(B) of the Greensboro Development Ordinance and section 27-22(e) of the Stormwater Management Ordinance upon completion of permanent stormwater control structures, shall be of the following form! ENGINEER'S CERTIFICATION OF STORMWATER CONTROL COMPLETION I certify that, pursuant to generally accepted engineering standards in the community, it is my professional opinion that the permanent stormwater control(s) labeled as on this plat (or on tiame of plat) as recorded in PB PG in the Office of the Guilford County Register of Deeds) has been completed in conformance with the plans and specifications approved on (approval date), has its full design volume available, and is functioning as designed. P. E. SEAL SIGNATURE DATE (2) Recordation of permanent improvements. All permanent stormwater management improvements and associated access/maintenance easement(s) shall be recorded on a final plat, and if required by section 27-22(e)(3), a mechanism to ensure their maintenance shall be established concurrent with or prior to plat recordation. (3) Maintenance responsibility. a. When a stormwater management improvement serves more than one (1) parcel, an owners' association or binding contract for the purpose of maintenance is required. See section 30-6-10.1, Establishment of Owners' Association, of the Greensboro Development Ordinance. The owner or owners' association shall be responsible for maintaining the completed stormwater management improvement as directed by the governmental office having jurisdiction for stormwater management or by the approved maintenance plan. If an owners' association is responsible for the maintenance of the stormwater management improvements such responsibility must be stated in the association declaration. An underground oversized storm sewer system which is approved through TRC for acceptance and maintenance by the city, carries public waters and is located either in the dedicated street right-of-way or drainage maintenance and utility easement is exempt from this requirement. C. The enforcement officer has the authority to inspect stormwater management improvements and to notify the responsible property owner or owners' association when maintenance or repairs are required. All required repairs and maintenance shall be performed within ninety (90) days after such notice. In case of failure by the responsible party to perform the required maintenance or repairs within the stated period, the city may perform such maintenance or repairs and recover all costs attendant thereto from the property owner or owners' association. (f} Stream protection requirements. (1) Stream channelization/piping. a. Perennial streams, as defined by the Stormwater Management Manual, within a designated water supply watershed may not be channelized or piped, except for channelization permitted pursuant to section 30-7-1.8(C), Stream Channelization. b. Perennial streams that are outside of a designated water supply watershed and other streams that are not classified as perennial may be channelized or piped, but only after obtaining all applicable federal and state permits and certifications. (2) Stormwater management stream buffers. On any streams where section 30-7-1.8, Stream Buffer Required, requires a stream buffer, this section will require the same buffer. On all other streams, or section of streams, to which this section applies, stream buffers with minimum widths as specified below shall be maintained along all open (1) perennial streams, as defined by the Stormwater Management Manual, and (2) drainage channels draining an area equal to or larger than fifty (50) acres. a. The buffer shall consist of two (2) strips of land totaling a minimum total width of fifty (50) feet on each side of the water body: The first strip of land has a minimum width of ifteen (15) feet measured horizontally from and perpendicular to the top of stream bank, or the top of slopes steeper than fifteen (15) percent, or the edge of contiguous sensitive areas (i.e. wetlands). This first strip of land and the area between this first strip of land and the first strip of land on the other side of the water body is to be maintained free from development including disturbance of the soil, grading or filling, erection of structures, fences or placement of built -upon surfaces except those associated with street and driveway crossings, utility crossings, and installation of stormwater management facilities where no practicable alternative exists. The second strip of land has a minimum width of thirty-five (35) feet measured horizontally from and perpendicular to the landward edge of the first strip of land. This second strip of land is to be maintained free from occupied structures and shall maintain a built -upon area below fifty (50) percent with the exception of public or private street crossings. (g) Stormwater management requirements. (1) Stormwater management requirements for all new development and redevelopment shall consist of, as a minimum, runoff control measures necessary to control runoff to a level which will not cause increased off - site quantity problems as specified in (2) and (3) below. (2) Quantity control requirements. a. The engineer shall provide a certification that said development or redevelopment would not cause increased offsite flooding, drainage, or erosion problems. Deterrnination of impacts shall be based on hydrologic and hydraulic engineering studies extending downstream to a point where the proposed site development or redevelopment represents less than ten (10) percent of the total drainage area or watershed. The studies shall be based on an analysis of both two- and ten-year storm events. (see Stormwater Management Manual). b. Where it is determined that the development of the said site does contribute to flooding, drainage or soil erosion problems at any location between the proposed development site and the ten (10) percent downstream point then stormwater quantity control improvements must be implemented. The stormwater quantity control improvements must limit the two-year and ten-year post - development peak discharge rates to pre -development peak discharge rates, to minimize increased flooding, drainage, and erosion problems. These improvements may consist of nonstructural approaches such as natural swales, depressions in the land and other natural approaches, or structural approaches such as detention structures (wet and dry basins), extended detention facilities and alternative best management practices with provisions for stormwater quantity control. A combination of nonstructural and structural approaches is encouraged. C. For stormwater management improvements that are proposed to be implemented to meet the quantity control requirements of this section, a hydrologic -hydraulic analysis of the site drainage system in the pre -development condition and the post - development condition shall be performed. The analysis should be included with the stormwater management plan and should demonstrate that the quantity control requirements stated in section 27-22(h)(2) will be achieved by the proposed improvements. These improvements shall be subject to review and approval by the enforcement officer. (3) Developments that meet the requirement for being identified as an integrated multiple use developments, planned unit developments, phased developments or group developments can meet the requirements of section 27-22(g) at the point the discharge leaves the overall property. (h) Master plan requirements. It is the intent of the City of Greensboro to produce stormwater quantity and quality management master plans to guide the design and development of the drainage system for all of the major sub -watersheds and watersheds in the city. Where such master plans are available and approved by the city council, site development projects are to conform to the stormwater management guidance and standards available in said master plans. (i) Additional requirements. If site characteristics indicate that complying with the minimum stormwater management requirements of this section will not provide adequate designs or protection for local residents, and downstream property, it shall be the site designer's responsibility to exceed the minimum requirements as necessary. Q) Exempt activities. The following activities are exempt from the requirements of section 27-22(g). However, any restrictions upon building location, drainageways, pavement, or other built -upon area, or any other matter appearing on any previously approved development plan covering the subject property, shall be complied with unless and until replaced by an approved revised plan. (1) Individual single-family housing on an individual lot. (2) Replacement of existing built -upon area with like or lesser amount of new built -upon at the same location, or at a different location on the same zone lot if the enforcement officer has determined that equal or improved stormwater management will result. (3) Placement of small accessory buildings or structures or small amounts of additional built -upon area provided that the total additional built -upon area is no greater than four hundred (400) square feet. (Ord. No. 99-35, § 1, 3-16-99; Ord. No. 00-54, § 1, 4-4-00; Ord. No. 01-79, § 2, 4-3-01) Editor's note: Section 2 of Ord. No. 00-54, adopted April 4, 2000, in part, provided as follows: "Property covered by one or more of the following will be exempt from this ordinance [Ord. No. 00-541: 1. Unified Development Plan approved prior to April 4, 2000. 2, Preliminary Subdivision Plat approved between July 1, 1997 and April 4, 2000 or covered by an earlier preliminary plat that remained valid (refer to Sections] 30-6-7.8 and 30-6-12) at any time during this period. This exemption also applies to the placement of one principal building and accessory structures on each lot. 3. Site plan approved between July 1, 1997 and April 4, 2000 or covered by an earlier site plan that remained valid (refer to Section 30-3-11.4(l=)) at any time during this period. Secs.27-23--27-30. Reserved. ARTICLE Ill. ILLICIT DISCHARGES AND IMPROPER DISPOSAL Sec. 27-31. Prohibited discharges. (a) Illicit connections. (1) It shall be unlawful to use any stream or watercourse to carry off water from any kitchen sink, bathtub or privy, or to carry off any fluid of an offensive or dangerous nature. No water or refuse from any industrial, commercial or institutional process, including uncontaminated water used for heating or cooling, shall be discharged in any stream or watercourse by any person until such person has obtained the appropriate local, state and federal permits. (Section 18-5(e)) (2) Street and utility construction. a. Plans. When required, street and utility construction plans for all public or private street and water, sanitary sewer, and storm sewer facilities shall be submitted to the city following conditional approval or approval of the site plan. For each phase of the site plan, street and utility construction plans shall include all improvements lying within or adjacent to that phase and all water, sanitary sewer, and storm sewer lines lying outside that phase and being required to serve that phase. b. No construction without plan approval. None of the improvements listed above shall be constructed until the street and utility construction plans for such improvements have been reviewed and approved by the city. C. Inspections. Work performed pursuant to approved street and utility construction plans shall be inspected and approved by the city. (Ref: Section 30-3-11.3(A)(B)(C)) (3) It shall be unlawful, wilfully or negligently to injure, deface, mutilate, destroy, tamper or interfere with any city -owned property or any property used in the city's water, sanitary sewer or storm sewer, police or fire alarm system, (Ref: Section 18-2) (4) In accordance with city policy permits shall be required before the construction of any connection to the municipal separate storm sewer. (See City of Greensboro's Roadway and Utility Design Manual) (b) Improper disposal. It shall be unlawful for any person to discharge non -storm water to any storm water conveyance with the exception of the following: (1) Water line flushing; (2) Diverted stream flows; (3) Rising ground waters; (4) Uncontaminated ground water infiltration (as defined at 40 C>=R (c) (d) 35.2005(20)) to separate storm sewers; (5) Uncontaminated pumped ground water discharges from potable water sources; (6) Foundation drains; (7) Air conditioning condensation; (8) Irrigation water; (9) Springs; (10) Water from crawl space pumps; (11) Footing drains; (12) Lawn watering; (13) Car washing at one's residence, not for hire; (14) Flows from riparian habitats and wetlands; (15) Dechlorinated swimming pool discharges; (16) Street wash waters; and (17) Discharges from firefighting. Litter and refuse control. (1) It shall be unlawful to throw, place or deposit any refuse in any street, public place, on any private property, or in any conveyance within the city limits, except in garbage cans or garbage receptacles as provided in chapter 25, or as approved by the city manager or his designee. (Ref: Section 25-3(a)) (2) It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any of the sidewalks in the city or upon the floors of any churches, public halls, theaters, buses or other public places. It shall be unlawful for any person to place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or containers or any kind upon any median strip, alleyway, street or street right-of-way, park or grass strip, or in any conveyance, or upon the private premises of another without permission of the owner or person in control of such premises, or upon any public property; provided, however, that the provisions of this section do not apply to those materials required to be placed for collection on the grass or park strip by chapter 10 of this Code. (Ref: Section 26-11) Organic waste. (1) Loose leaves shall be collected at curbside by city forces from October 1 through the second Wednesday in January. All other times during the year, leaves shall be bagged or containerized in approved receptacles. (Ref: Section 25-32(c)) (2) It shall be the duty of the property owner to keep leaves that have been piled for fall leaf collection out of the gutter, inlet, catch basin, or side ditch. (3) It shall be unlawful to place stumps or any organic materials on any property, public or private, except in those specific areas designated for such use by the city manager or his representative. (Ref: Section 26-3(b)) (4) It shall be unlawful to place grass clippings, leaves, tree and shrub clippings, or any other yard wastes in any street, storm drain, stream, storm water conveyance, or any other location where concentrated storm water flows will wash such wastes into the storm sewers. (5) No privy, pigpen or stable of any kind shall be permitted to stand so near any stream, ditch, drain, or storm water conveyance of any kind that the droppings therefrom will run into such stream, ditch, drain, or storm water conveyance or in any way poison or contaminate the water therein; nor shall the urine from any privy be allowed to fall or be emptied into any stream, ditch, drain, or storm water conveyance. (Ref: Section 18-5(d)) (6) Every owner and/or person in possession of any premises across through which any stream or open ditch runs, or on which any body of water is impounded, shall keep the banks and edges of the stream, ditch or body of water free and clear of accumulations of debris which might block, hinder, or obstruct the natural flow of water in swales, streams, creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. (Ord. No. 94-22, § 1, 5-2-94, Ord. No. 00-225, § 2, 12-5-00) Sec. 27-32. Spill response. (a) Purpose and authority. The Greensboro Fire Chief or his designee shall have the authority to summarily abate, control and contain hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment. The fire chief or his designee shall have the authority to enter public or private property with or without the owner's consent, to respond to such hazardous materials emergencies. The fire chief or his designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate, control and contain all hazardous materials which are emitted into the environment. (Ref: Section 10-30) (b) Responsibility, fees and charges.. The property owner and/or the person exercising control over the hazardous materials that create the hazardous material emergency shall be held financially liable br the response, control, containment, equipment, and materials costs incurred by the city fire department during the emergency. The property owner and/or person exercising control over such hazardous material, may provide personnel to assist abatement, removal and remedial measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of state and federal laws. The City of Greensboro shall not be liable for the use of outside personnel, Assistance shall consist of any or all of the following: (1) Informing fire department personnel of all matters pertaining to the incident; (2) Supplying emergency response plan information for the site; (3) Supplying emergency response equipment, personnel and materials. The city will charge for abatement, control and containment of hazardous material responses or tare incidents involving hazardous materials which accrue more than one hundred dollars ($100.00) in charges. In all cases the first one hundred dollars ($100.00) of expenses shall not be charged to the person in default. Charges for hazardous materials emergency response on behalf of the city by the fire department shall be based upon the following schedule: (1) Engine response shall be one hundred dollars ($100.00) for each hour, or any part thereof. (2) Additional engine response shall be one hundred dollars ($100.00) for each hour, or any part thereof. (3) Hazardous materials unit response shall be one hundred seventy-five dollars ($175.00) for the initial hour, or any part thereof, and one hundred dollars ($100.00) for each additional hour, or any part thereof. (4) Ladder truck response shall be fifty dollars ($50.00) for each hour, or any part thereof. (5) Squad truck response shall be fifty dollars ($50.00) for each hour, or any part thereof. (6) Battalion chief response shall be no charge for the initial hour, twenty-five dollars ($25.00) for each additional hour or any part thereof. (7) Any other actual costs of abatement, control and containment of the hazardous materials other than set out above. Failure to pay the charges as assessed shall give the city a right to levy a lien upon the land or the premises where the hazardous material emergency arose and the levy shall be collected in the same manner as unpaid taxes pursuant to the authority of N.C.G.S. 160-A 193. (Ref: Section 10-31) (c) Fire incidents involving hazardous materials. In fire incidents that involve hazardous materials or an exposure to hazardous materials, no fee will be assessed for resources normally associated with firefighting operations. Fees shall be assessed for those activities and resources (reference section 10-31) associated with the abatement, control and containment of the hazardous materials involvement or exposure which accrues more than one hundred dollars ($100.00) in charges. (Ref: Section 10-32) (Ord. No. 94-22, § 1, 5-2-94) Secs.27-33--27-40. Reserved. ARTICLE IV. INDUSTRIAL AND RELATED FACILITIES Sec. 2741. Review of storm water pollution prevention plans. The city may review the storm water pollution prevention plans required under a facility's NPDES storm water discharge permit when outfall monitoring or the illicit discharge/improper disposal program locates a suspected violator. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-42--27-45. Reserved. ARTICLE V. CONSTRUCTION SITE RUNOFF Sec. 2746. Self inspection records. The city's manager or his designee may review on request the self -inspection record required for sites with land -disturbing activity greater than five (5) acres. Site operators who do not supply the requested information shall be reported to DEM for permit noncompliance. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-47. Runoff control structures. Runoff control structures shall be constructed and maintained according to the specifications in the development ordinance (Chapter 30) and the North Carolina Erosion and Sediment Control Planning and Design Manual. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-48--27-50. Reserved. ARTICLE VI. ENFORCEMENT Sec.27-51. Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this article and by state law: (1) Development without permit. To engage in any development, use, construction, remodeling, or other activity of any nature upon land or improvements thereon subject to the jurisdiction of this chapter without all required permits, certificates, or other forms of authorization as set forth in this chapter. (2) Development inconsistent with permit. To engage in any development, use, construction remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. (3) Violation by act or omission. To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the city council or its agent boards upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon. (4) Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land in violation or contravention of this chapter or any other regulation made under the authority conferred thereby. (5) Continuing a violation. To continue any of the above violations is a separate and distinct offense each day. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-52. Civil penalties. (a) Illicit connections, (1) Any person who is found responsible for an illicit connection shall receive a notice of violation when the connection is discovered. The person shall have thirty (30) days to remove the connection. At the end of that time if the connection has not been removed, the city_ may enter the property and take measures necessary to remove the connection and perform whatever cleanup or abatement is necessary. If the person fails to remove the connection in the time prescribed, the city may petition the superior court of justice, for the issuance of an injunction to compel removal and payment; however, removal of the illicit connection shall be immediate upon the determination of the storm water services division that the connection poses an imminent threat to public health. (2) If any person who previously has been found to have an illicit connection reconnects to the municipal separate storm sewer, he shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). The penalty shall increase by twenty-five percent (25%) of the previous penalty amount for every subsequent illicit connection made by the same person. The penalty shall be additional to the cost of cleanup and abatement. If the person has or is required to have a storm water discharge permit from the state division of environmental management, the city shall alert the appropriate state authorities of the violation. In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with time storm water quality management program; and h. The costs of enforcement to the City of Greensboro. (b) Improper disposal. (1) Process wastewater. Any person who is found to have improperly disposed of process wastewater to the municipal separate storm sewer shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the stomp water quality management program; and h. The costs of enforcement to the City of Greensboro. (2) Bulk sales. Any person who is found to have improperly disposed of any substance that was purchased at a bulk sales location which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and h. The cost of enforcement to the City of Greensboro. (3) Household products. Any person who is found to have improperly disposed of any substance that was purchased over-the-counter for household, in quantities considered normal for household purposes, which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed five hundred dollars ($500.00). In determining the amount of the civil penalty the city manager or his designee shall consider the following: a. The degree and extent of the hann to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and The costs of enforcement to the City of Greensboro. (4) Yard waste. Any person who is found to have improperly disposed of leaves, grass clippings, or other yard wastes shall be assessed a civil penalty not to exceed five hundred dollars ($500.00). In determining the amount of the penalty the city manager or his designee shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; C. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the storm water quality management program; and h. The costs of enforcement to the City of Greensboro. (5) Repeat violation. If a person is found to be responsible for more than one (1) instance of improper disposal, the penalty shall increase by twenty- five percent (25%) of the previous penalty amount for each subsequent improper disposal. The penalties shall be additional to the cost of clean- up and abatement. (6) Watershed areas. The penalty assessed for any of the above violations shall be increased by twenty-five percent (25%) of the amount assessed if it occurs in any designated water -supply watershed area. (7) Failure to report, The penalty assessed for any of the above violations shall be increased by twenty-five percent (25%) of the amount assessed for any spill not properly reported by the violator once he has knowledge of the violation. (c) In the event there are subsequent penalties assessed by the state against the city for improper disposal or illegal dumping, or illicit connection into the municipal separate storm sewer system as identified in Section 27-52 (a) and (b), caused by any person, such person shall be assessed the equivalent amount of civil penalty. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-53. Public nuisances. (a) Nuisances. The following enumerated and described conditions are found, deemed and declare to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the city and are found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on lands dedicated to and/or accepted by the city as natural stream corridors, floodplain and/or open space which are established in order to preserve natural greenways, vegetative stream buffers, and/or natural connecting networks along floodways, streams, and creeks are deemed and. declared as exceptions for the purpose of enforcement of this article. (1) Any condition which constitutes a breeding ground or harbor for rats, mosquitoes, harmful insects, or other pests. (2) A place of dense growth of weeds or other noxious vegetation over twelve (12) inches in height. (3) An open place of ooncentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials or objects of a like nature. (4) An open place of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind. (5) Hides, dried or green, provided the same may be kept when thoroughly cured and odorless. (6) Any furniture, appliances, or metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas of confinement. (7) Any condition which blocks, hinders, or obstructs in any way the natural Flow of water in swales, streams, creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. (Ref. Section 17-1(1)(3)(4)(6)(7)). (b) Notice to abate; emergency abatement by city. If any person shall violate the provisions of section 17-1, it shall be the duty of the city manager or his designee to give notice to the owner or to any person in possession of the subject property, as provided by section 17-3, directing that all unlawful conditions existing thereupon be abated within ten (10) days from the date of such notice; provided, that if, in the opinion of the city manager or his designee, the unlawful condition is such that it is of imminent danger or peril to the public, then an authorized public works representative may, without notice, proceed to abate the same, and the cost thereof shall be charged against the property as is provided in section 17-5 (Ref: Section 17-2) (c) Abatement by city where owner fails to abate. Upon the failure of the owner or person in possession of any premises to abate any unlawful condition existing thereupon within the time prescribed by section 17-2, it shall be the duty of an authorized public works representative to cause the removal and abatement of such unlawful condition therefrom pursuant to section 17-5(a)). (Ord. No. 94-22, § 1, 5-2-94; Ord. No. 00-225, § 3, 12-5-00) Sec.27-54. Remedies. Any or all of the following procedures may be used to enforce the provisions of this chapter: (1) Injunction. Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. (2) Civil penalties. Any person who violates any provision of this chapter shall be subject to the assessment of a civil penalty under the procedures provided in section 27-52 (Civil Penalties). (3) Denial of permit. The city manager or his designee shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, or use in which there is an uncorrected violation of a provision of this chapter, or of a condition or qualification of a permit, certificate, or other authorization previously granted. (4) Conditional permit or temporary certificate. The city manager or his designee may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority. (5) Revocation of permit. The city manager or his designee may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans, or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. (6) Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed five hundred dollars ($500.00). (7) Notification of the state enforcement officials. a. Industrial and related facilities. When a city manager or his designee discovers an apparent violation of an industrial or related facility's NPDES storm water discharge permit or that the facility is not operating pursuant to its storm water pollution prevention plan, the city shall notify the appropriate state officials immediately. b. Construction sites. If the city manager or his designee discovers an apparent violation of the NPDES storm water discharge permit required by the state for sites with land -disturbing activity greater than five (5) acres, he shall report the violation immediately to the appropriate state officials. C. Abatement. When the discharge from the facility interferes significantly with the municipal separate storm sewer, and the facility fails to take appropriate actions upon notification by the city, the city may take immediate and appropriate measures to control the problem whether or not the facility is violating its NPDES permit and recover the cost from the facility. (8) Judicial enforcement. When any person is in violation of the provisions of this chapter, the city manager or his designee, through the city attorney, may petition the superior court of justice for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-55--27-60. Reserved. ARTICLE VII. APPEALS Sec. 27-61. Appeal hearing. (a) Any person assessed a civil penalty under this chapter shall have the right to a hearing before the storm water services division upon making a written demand to the division specifying the issues to be contested, within thirty (30) days following receipt of the assessment. (b) Unless such written demand is made within the time specified herein, the action shall be final and binding. (c) The storm water services division shall make a final decision on the contested penalty within thirty (30) days of the receipt of the written demand for a hearing. (d) The storm water services division shall transmit a copy of the decision by registered or certified mail. (e) The decision of the storm water services division shall be considered the final administrative action for the purposes of judicial review. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-62. Judicial review. Any person may seek judicial review of a final administrative decision by the storm water services division by filing a petition for writ of certiorari within thirty (30) days after receipt of notice by registered or certified mail, but not thereafter, with the Superior Court of Guilford County and with a copy to the City of Greensboro. (Ord. No. 94-22, § 1, 5-2-94) Secs.27-63--27-65. Reserved. ARTICLE Vill. SERVICE CHARGES AND RATES Sec. 27-66. Definitions for rate calculations. [The following definitions shall apply concerning rate calculations] Equivalent residential unit (ERU) two thousand five hundred forty-three (2,543) . square feet of impervious surface. Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include but is not limited to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Other property unit. A parcel of land that is not a single-family residential unit. Single-family residential unit. A building detached from other structures used as a residence for four (4) or fewer family units. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-67. Purpose of service charge. Storm water management services shall be funded through the operation of a storm water utility, as authorized by state law, and charges shall apply to all property within the city limits, without regard to ownership. Such charges shall be based on the presence of impervious surface on each parcel as determined by the unit standard set forth in section 27-66. The city shall set a base rate for single-family residential units and calculate charges for other property units utilizing the equivalent residential unit as a multiplier. (Ord. No. 94-22, § 1, 5-2-94) Sec. 27-68. Rate for service charges. (a) Single-family residential unit shall pay a flat rate service charge of two dollars and forty-four cents ($2.44) per month. (b) Other property shall pay a service charge of two dollars and forty-four cents ($2.44) per month for each equivalent residential {unit) or portion of an equivalent residential on the parcel. No charge shall be made on parcels with less than six hundred (600) square feet of impervious surface. (Ord. No. 94-22, § 1, 5-2-94) ARTICLE IX. ANNEXATION Sec. 27-69. Annexation of storm water sewers and drainage stems. Upon annexation of property that includes dedicated public streets containing storm sewers and other such storm water drainage system, such storm sewer systems and features shall become the property of the city without cost to the city and shall be incorporated into the city storm sewer and drainage system as if they were originally constructed by the city. (Ord. No. 94-22, § 1, 5-2-94) Attachment 46 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 02 PLANNING, ZONING AND SUBDIVISION CONTROL 0 17-603 ARInCLE VL WATERSHED PROTECTION ORDINANCE Sec, 17.601. Authority and enactment. .The legislature of the State of North Carolina has, in Chapter 160A, Article 19, Planning and Regulation of Development; and in Chapter 143, Article 21, Watershed. Protection Rules, delegated the responsibility or directed local governmental unite to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The Town of Maiden, North Carolina ("the Town"), does hereby ordain and enact into law the following Articles as the Watershed Protection Ordinance of Maiden, North Carolina. (Ord. No. 12-93. 8-16-93) Sec. 17.802. Jurisdiction. The provisions of this ordinance shall apply within the overlay zones designated as a Public Water Supply Watershed as defined and established on the "Official Zoning Map of Maiden, North Carolina" ("the Zoning Map"), such overlay zones being adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance. This ordinance shall be permanently kept on file in the office of the town clerk. (Ord. No. 12-93, 8-16-93) Sam 17.608. Exceptions to applicability. (a) Existing development, as defined in this ordinance, is not subject to the requirements.of this ordinance. Expansions to structures classified as existing development must meet the requirements of this ordinance; however, the built -upon area of the existing development is not required to be included in the density calculations. Existing development is defined as -those projects that are built or those projects that at a minimum have established a vested right under North Carolina poring law as ofthe effective date of this ordinance based on at least one (1) of the following criteria: (1) Having a=pended subetantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the prR1 ect; (2) Having an outstanding valid building permit as authorized by N.C.G.S. 16OA-S88.1; or (a) Having an approved site specific or phased development plan as authorised .by N.C.G.S. 16OA4M.1. (b) Expansions to structures classified as existing development must meet the require- ments of this article; however the built upon area of the existing development is not required to be included in the density calculations. supp. No. 8 1061 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 03 17-603 MAIDEN TOWN CODE (c) Reconstruction of buildings or built -upon areas. Any existing building or built -upon area not in conformance with the restrictions of this ord naace that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single'family residential development, provided: (1) Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of such damage. (2) The total amount of space devoted to built -upon area may not be increased if it exceeds the allowed built-up area defiled in this ordinance. (d) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, thew that lot of'record shall not be subject to the development restrictions of thin ordinance if it is developed for single-family purposes. (e) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this ordinance amend, modify or.. restrict any provisions of the Code of Ordinances of Maiden; however, the adoption of this ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect' in the Town at the time of the adoption of this ordinance that may be construed to impair (it reduce the effectiveness of this ordinance or to conflict with, any of its provisions. M It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater . restrictions or higher standards for the use of a building or.land, then the provisions of these regulatioma shall control. (Ord.. No. 12-93, 8-16-93; Ord. No. 35-96, 12-2-96) . Sec. 17.804. Cluster or planned unit development. Cluster or planned unit development is allowed in all watershed areas under the following . conditions: (a) Minimum 14t sizes are not applicable to residential cluster or planned unit development p vJects; however, the total number of lots or dwelling units shall not exceed the number of low. or dwelling units allowed for residential developments in Article III. Built -upon area for the prgjeet shall not exceed that allowed in Article III. (b) All built -upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow. (c) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an uncorporated homeowners association for manage- ment; to a local government for preservation as a park or open space; or to a conservation organization for piv%ervation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be flied with the deeds. (Ord. No. 12-93, 8-16-93; Ord. No. 96-96, 12-2-96) Rupp. No. 6 1062 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 04 PLANNING, ZONING AND SUBDIVISION CONTROL $ 17-606 See. 17.605. Buffer nreaa required. (a) A minimum thirty-foot vegetative buffer for development activities is required along all perennial waters indicated in, the most recent versions.of VSW 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Artificial streambank or shoreline stabilization is permitted. A minimum one -hundred -foot vegetative buffer' for development activities is required along Maiden Code, Allen Creek, and along the Maiden Reservation, measured from normal pool elevation. (b) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways and their appurtenances 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, defined as a structural or nonstructural management -based practice used singularly or in combination to reduce nonpoint source inputa receiving waters in order to achieve water quality goals. (Ord. No. 12-93, 8-16-93; Ord. No. 31-97, 12-15-97) Sea. 17406. Watershed adYnlxeistratorr and, duties thereof. The Maiden Town Council shall appoint a watershed administrator. It shall be the duty of the watershed administrator to administer and enforce the provisions of this ordinance as follows: (a) The watershed administrator shall :issue permits as prescribed herein. A record of all. permits shall be kept on file and shall be available for public inspection during regular office hours of the administrator. (b) The watershed administrator shall serve as staff to the watershed review board. (c) The watershed administrator shall keep records of all amendments to the local Water Supply Watershed Protection Ordinance and shall' provide copies of all amendments upon adoption to the Division of Water Quality. (d) The watershed administrator is granted the authority to administer and enforce the provisions of this ordinance, exercising in the fulfillment of his responsibility the Hill zoning and police power of the Town of Maiden. The watershed administrator, or his duly authorized representative, may enter any building, -structure, or premises, as' provided by law, to perform any duty imposed upon him by this ordinance. (e) The watershed administrator shall keep a record of variances to the local Water Supply' Watershed Protection Ordinance. This record shell be submitted each calendar year to. the Division of Water Quality on or before January 1 of the following calendar year and shall provide a description of each project receiving a variance and the reasons for granting the variance. (Ord. No. 12-93, 8-16-93; Ord. No. 35-96. 12-2-96) supp. No. s 1063 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 05 § 17-607 MAIDEN TOWN CODE Sec. 17-607. Appeal from the watershed administrator. (a) Any order, requirement. decision or determination made by the watershed administra- tor may be appealed to and decided by the watershed review board. (bl An appeal from a decision of the watershed administrator must be submitted to the watershed review board within thirty (30) days from the date the order, interpretation, decisions or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of 'an appeal, the watershed administrator shall transmit to the. board all papers constituting the record upon which the action appealed from was taken. (c) An appeal stays all proceedings in hirtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imnninent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown,. (d) The board shall fix a reasonable time for hearing the appeal and give notice thereof to, the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney. (Ord.. No. 12-93, 8-16-93) Sec. 17-608. Establishment of watershed review board. There shall be and hereby is created the watershed review board consisting of the same.. membership as the Maiden Board of Adjustment. Terms for members of the watershed review'. board shall coincide with the membership terms for board of adjustment. (Ord. No. 12-93, 8-16-93) Sec, 17-609. Powers and duties of the watershed review board, The watershed review -board shall be responsible for reviewing and hearing all major and minor variance canes, and shall follow the standards procedures of this ordinance for variance applications. If the application calls for the granting of a major variance, and if the board decides in favor of granting the variance, the board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include: (a) The variance applications; (b) The hearing notices; (c) The evidence presented; (d) Motions, offers of proof, objections to evidence, and rulings on them; (a) Proposed findings and exceptions; (f) The proposed decision, including all conditions proposed to be added to the permit. Sapp. No. 8 1064 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PACE 06 PLANNING, ZONWG AND SUBDIVISION CONTROL § 17-612 The preliminary record shall be sent to the environmental management commission for its review as follows: (a) If the commission. concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return from, xxor make any practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the commission shall approve the variance as proposed or approve the proposed, variance with conditions and stipulations. The commission shall prepare a commission decision and send it to the watershed review board. If the commission approves the variance as proposed, the board shall prepare a final decision granting the proposed variance. If the commisdon approves the variance with conditions and stipulations, the board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. (b) If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (2) the variance, if granted, will result in a serious threat to the water supply, then the commission shall deny approval of the variance as proposed. The commission shall prepare a commission decision and send it to the watershed review board. The board shall prepare a deal decision denying the variance as proposed. (Ord. No. 12.93, 8-16-93) See. 17-610. Appeals from the watershed review board. Appeals from the watershed review board must be filed with the superior court within thirty (30) days from the date of the decision. The decisions by the superior court will be in the - manner of certiorari. (Ord, No. 12-93, 8.16-93) See. 17-611. 10% / 7" Option in the WS-11 Balance of Watershed Area of the Ailed Creek Watershed. Now development and expeasions to e3cist'iug development may occupy tea (19) percent, of the WS-11 Balance of Watershed Area of the Allen Creek watershed with seventy (70) percent built upon area when approved as a special intensity allocation (SIM. The watershed administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects must minimize built -upon surface area, direct stormwater away from'surface waters and incorporate boot management practices to minimize water quality.impacta. (Ord. No: 12-93, 8.16-93; Ord. No. 35-96, 12-2-96) Sea 17.612. Remedies. (a) If any subdivision, development and/or land use is found to be • in violation of this ordinance. the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of fifty dollars ($50.00), institute actions or proceedings 8upp. No. 8 1065 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 07 § 17-612 MAIDEN TOWN CODE to restrain, correct, or abate the violations; to prevent occupancy of. the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the violation continues shall comtitute a separate offense. (b) If the watershed administrator finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating, the mature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land; buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this ordinance, to ensure wropliaace with or' to prevent violation of its provisions. If a ruling of the Watershed administrator is questioned, the aggrieved party or parties may appeal such ruling to the. watershed review board. (Ord. No. 12-98, 8-16-93) Sec. 17.613. Sanctions. In addition to the remedies described in section 17-612 of this ordinance and consistent with G,S. 16OA-175, the Maiden'Ibwn Council may seek enforcement of this ordinance by aseeasing a civil penalty to he recovered by the town in a civil action in the uature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of the-. ordinance. Such violation may be enforced by an appropriate equitable remedy isaW=g from a 'court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the rules of Civil Procedure in general and Rule 65 in particular. If the' . defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the town may execute the order of abatement. The town shall have a lien on the property for'Qe cost of executing an order of abatement in the nature of n mechanic's and materiabnan's lien. The defendant may secure cancellation of an order of abatement by paying'all costs of . the proceedings and posting bond for compliance with the order. The bond shall be given with sureties approved by the cleric of superior court in an amount approved by the judge before' whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed -by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in coWunction therewith. Enforcement of this ordinance may be by e4y .one, all or a combination of the remedies authorized in this ordinance. Each day's continuing violation shall bie a separate and distinct offense. (Ord. No. 12.93, 8.16-98) Supp. He. a 1066 04/14/2004 12:34 82e-428-5017 TOWN OF MAIDEN PAGE 08 PLANNING, ZONING AND SUBDIVISION CONTROL 0 17-701 Bea, 17-614. Effective date. This ordinance shall take effect and be in force on October 1, 1993. Amendments shall take effect and be in force December 2, 1996. (Ord. No. 12-93, 8-16-93; Ord. No. 35-96, 12-2-96) S6cs. 17-615-17.609. Reserved. ARTICLE VIL U5 321 CORIUDOR DISTRICT ZONING ORDINANCE seo. 17-701. statement of intent. The adopted US 321 Corridor District Plan represents formal policy statements by the Town. of Maiden concerning land use and land development within the Corridor. The 32I-Economic Development District (321-ED) is designed to implement these policy statements and achieve the desired goals for the 321 Corridor. Specifically, the 321-ED District will accomplish the following (a) Promote a sensitive conversion of farmland and vacant land to more urban uses; (b) Support development that is compatible with and, whenever possible, enhances the visual attractiveness of the land; (c) Promote wellplanned, economically viable development of all types; (d) Ensure safe and efficient traffic flaw along the US 321 Corridor District roadways; (e) protect the environment by providing clean air, clean water and as appropriate mix of natural vegetation and wildlife; Y) Encourage orderly and sensitive planned development, especially at the interch4nges; (g) Avoid uncoordinated, strip development patterns; . (h) Promote flexibility in individual site design including diversification in the location of structures, parking amaa and other components; (i) Encourage the efficient use of land to facilitate an economical arrangement of buildings, traffic circulation systems, laud uses and utilities; {j) Provide for more usable and suitably located recreation facilities and other public end . common facilities than would not otherwise be provided under conventional land development procedures; (k) Encourage high quality development; (1) Ensure that adequate traffic capacity is available to serve proposed projects; (m) Create an environment that supports opportunities for alternative residential devel- opment that consists of well -planned, affordable housing; Supp. No. a ' 1067 04/14/2004 12.34 828-428-5017 TOWN OF MAIDEN PAGE 09 § 17-320 MAIDEN TOWN CODE c. Lots or pads are elevated on compacted fill of -by any other method approved by the town planner so that the lowest habitable floor of the manufactured home is at or above the regulatory flood level. d. Adequate surface drainage and easy access for a manufactured home hauler are provided. e. Load -bearing foundation 'supports ouch as piers or pilings must be placed an stable soil or concrete footings no more than ten (10) feet apart, and if the support -Height is greater than seventy-two (72) inches, the support must contain steel reinforcement. (2) If a manufactured home location or relocation is not deemed to constitute the expan- sion;of an existing manufactured home pa;k, the location or, relocation shall be al- lowed provided that any manufactured home moved into or relocated within an ex- isting manufactured home park shall be anchored in accordance with the provisions of subsections (b)(1)a. and b. above. (3) Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. .(4) All new manufactured home parks or subdivisions greater than fifty (60) lots or five (6) acres, whichever is the lesser, shall include within the proposal. base flood eleva- tion data, (Ord. of 4-11-70, Art, VU, § 74; Code 1976, § 12.37(11); Ord. No. 21-80, 8.18-80; Ord. No. 4-87, $ 1(12.37(11)(03)), (12.37(11) bX3)), (12.37(12), 3-2-87) Sec. 17-321. Use requirements by district. Within the districts indicated on the zoning map, no building or land shall be used, and no building shall be erected or altered which is intended or designed to be used in whole or in part, for any use other than those listed as permitted for that district in this article. (Ord. of 4-11-70, Art. VM; Code 1976, § 12,38) See.. 17-322. R,20 Residential District. The R-20 Residential District is established as a district in which the principal use of the land is for low density residential and -agricultural, purposes, and to provide and protect low density residential areas for those desiring that type of environment.These districts are intended to ensure that residential development not having access to public water supplies and dependent upon septic tanlw for sewage disposal will occur at a sufficiently low density to provide a healthful environment. (1) Permitted uses. The following uses are permitted: a. Single-family dwellings"and'amended two-family dwellings;. b.' Manufactured hbmes, Classes A, Band C, provided they are treated as principal uses and meet the same lot size and yard requirements as non nanufacturod Supp. Tao. 3 998 04/14/2004 12:34 828-42e-5017 TOWN OF MAIDEN PAGE 10 PLANNING, ZONING? AND'SUBDMSI.ON CONTROL f 17-322 dwelling units. Manufactured homes within floodway and floodway fringe zones are further subjected to the requirements of section 17-320. c. ' Any form'of agriculture or horticulture, including the sale of products at a retail stand on the property where produced; d. Customary home occupations, including dressmaking, cooking, and baking, hair- dressing, music instruction, the renting of not more than one (1) room, the practice of such professions as insurance and accounting, shall be permitted as accessory uses in a residence. The board of adjustment shall decide whether other home occupations not listed here are within the spirit of this category of accessory uses; e. Kindergartens and day nurseries, provided that not less than two hundred (200) square feet of play area is provided for each child and provided ffirther such. aggregate play space is surrounded by a sturdy fence at least four (4) feet in height; f. Rest and convalescent homes not used primarily for the treatment of contagious diseases, alcoholics, drug addicts and psychotics; g. Churches and their customary related uses including cemeteries, provided that all buildings and graves shall he set back at least twenty (20) feet from any property line; h. Public and elementary and secondary schools and private schools having curric- ula approximately the same as ordinarily given in public schools; i. Public or private parks, playgrounds, community centers, clubs and lodges, golf courses, swimming pools, fishing lakes, family ramp grounds and similar recre- ation uses; j, Public safety facilities such as fire and police stations and rescue squad head- quarters, provided that all vehicles and equipment shall be stored indoors; pro- vided further, that all buildings shall be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in'such a way as to blend in with the surrounding area; k. Public works and public facilities' such as transforraer stations; pumping sta- tions, water towers and telephone exchanges, provided: 1. Such facilities are essential to the service of the' immediate area and no vehicles or materials shall be stored on the premises; 2. All buildings .and apparatus shall be set back at least twenty (20) feet from all property lines and shall be designed and landscaped in auch a way as to blend in with the 'eurrounding area-, 3. Such facilities as water towers, pumping stations, and so forth, shall be surrounded by a chainlink fence six (6) feet in height. 1: Customary accessory' uses and structures including private garages, swimming pools, and other accessory structures in the rear yard where they shall not cover more than thirty (30) percent of the rear yard; 8upp. Na 8 9�9 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 11 1 17-322 MAIDEN TOWN CODE in. Signs: 1. One (1) professional or announcement sign per lot for customary home occu- pations, kindergartens and rest homes. Such signs shall not exceed three (3) square feet in area. No such sign shall be illuminated. 2. One (1) sign per lot pertaining only to the lease, rent or sale of the property upon which displayed. Such sign shall not exceed six (6) square feet in area. No such sign shall be illuminated. 3. Church bulletin boards and signs announcing clubs and other recreation facilities and schools. Such signs shall be limited to one (1) per lot and eighteen (18) square feet in area. Such sign may be of the type which is lighted from, behind to silhouette letters and figures. (2) Conditional uses The following uses may be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will be met: a. Manufactured home parks, subject to the conditions listed under sections 17-319 and 17-320 of this article; b. Temporary sawmills, provided they shall not be in operation for more than one (1) year; provided further, all sawmill structures shall be levelled and the prem- ises cleaned up within six (6) months after discontinuance. (3) Dimensional requirements. Within the R-20 Residential District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Twenty thousand (20,000) square feet minimum required lot area far the first dwelling unit and five thousand (5,000) additional square feet lot area for the second attached dwelling unit (duplex); however, where the residence will be serviced by municipal water facilities, the lot area for the first dwelling unit need only be fifteen thousand (15,000) square feet. b. One hundred (100) feet minimum required mean lot width. c. Forty (40) feet minimum required building setback line. d. Minimum required side yards for the principal building shall be at least twelve (12) feet except that any side yard abutting a street shall be at least fifteen (15) feet. e. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard need not exceed thirty (30) feet. f. Maximum permissible lot coverage by the principal building and all accessory buildings shall not exceed twenty (20) percent of the total lot area- g. Height of buildings shall not'exceed thirty-five (35) feet unless the depth of the front and total width of the side yards required herein shall be increased by one (1) foot for each, two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. h. Accessory buildings shall not be erected in any required front or side yard or within twenty (20) feet of any street line or within five (5) feet of any lot line not a street line. 9upp. No, S 1000 I u 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 12 PLANNING. ZONING AND SUBDIVISION CONTROL § 17-322 i. Off-street parking shall be provided as required in section 17.317• Lots recorded prior to the effective date of the watershed protection ordiiiahce in the WS a Critical Area for single-family purposes. - Minimum Lot Size: w/o water or sewer: 20,000 sf water or sewer: 15,000 of Lots recorded after the effective date of the watershed protection ordinance in the WS 11 Critical Area for single-family purposes: - Minimum Lot Size, 87,120 sf (2 ae). Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: w/o water or sewer: 25,000 of water or sewer: 20,000 of Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. OPTION 2: - Minimum Lot Size: 174,240 of (4 ac). Lots recorded prior to the effective date of the watershed protection ordinance in the WS 11 Protected Area for single-family purposes: - Minimum Lot Size: w/o water or sewer: 20,000 of water or sewer: 15,000 of Lots recorded after the effective date of the watershed protection ordinance in the WS 11 Protected Area for single-family purposes: OPTION 1: - Minimum Lot Size: w/o water or sewer: 20,000 sf water or sewer: 15,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total Iot area. Supp. No. 6 1001 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 13 § 17-322 MAIDEN TOWN CODE OPTION 2: - Minimum Lot Size: 43,560 sf (1 ac). Maximum permissible lot coverage by the principal building and all accessory build. ings shall not exceed twenty (20) percent of the total lot area. Lots in the WS 11 Protected Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: w/o water, or sewer: 25,000 sf water or sewer: 20,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total lot area. OPTION 2: - Minimum Lot Size: 87,120 sf (2 ac). (Ord. No. 4-11.70, Art. VIII, § 80; Code 1976, § 12.39; Ord. No, 21.80, 8-18-80; Ord. No. 24.80, 11-17.80; Ord. No. 2-90, 1.15.90; Ord. No. 12-93, 8-16-93) Sac. 17.328. Rr15 Residential District. The R-15 Residential District is established as a district in which the principal use of land is for medium density single-family purposes along with limited home occupations and public and private community uses. It is expected that all dwellings in such a district will have access to municipal water supplies or municipal sewage disposal facilities or a reasonable expectation of such service in the near future. (1) Permitted usds. The following uses are permitted: All uses permitted in the X20 Residential District except class H and C manufactured homes and manufactured home parks, rest homes, clubs and lodges, public safety facilities and backyard work. shops. With the exception that all existing manufactured home parks and manufac- tured home sites are to exist in the same capacity as in use at present time. (2) Conditional uses. The following uses shall be permitted subject to n Anding by the board of adjustment that the provisions of subsection (3) of this section will be met: . a. Group or cluster housing projects or subdivisions, subject to the conditions listed under section 17.335 of this article; b. Planned unit developments: (3) Dimensional requirements. Within the R-15 Residential District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Fifteen thousand (15,000) square feet minimum lot area per single-family dwelling unit and twenty thousand (20,000) square feet per two-family dwelling (duplex). b. Eighty (80) feet minimum mean lot depth. supp. No. 6 1002 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 14 PLANNING, ZONING AND SUBDIVISION CONTROL § 17-323 c. Eighty (80) feet minimum lot width. d. Thirty (30),feet 7ninimurn building setback line. e. Minimum required side yards for the principal building shall be at least ten (10) feet, except that any side yard abutting a street or highway shall be. at least fifteen (15) feet. f. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard need not exceed thirty (30) feet. g. Maximum permissible lot coverage by the principal building and all accessory buildings shall not exceed thirty (30) percent of the total lot area. h, Height of buildings shall not exceed thirty-five (35) feet unless the depth of the front and total width of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. i. Accessory buildings shall not be erected in any required front or side yard or within twenty (20) feet of any street or highway line or within five (5) feet of any lot line not a street or highway line. An accessory building or use may be located in a rear yard provided it is located not less than ten (10) feet from the principal building and five (6) feet from the rear yard line. j. Off-street parking shall be provided as required in section 17-317. Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Critical Area for single-family purposes: - Minimum Loot Size: 16,000 sf Lots recorded after the effective date of the watershed protection ordinance in the WS 11 Critical Area for single-family purposes: - Minimum Lot Size: 87,120 sf (2 ac). Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION 1: - Minimum Lot Size: 20,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. OPTION 2. - Minimum Lot Size: 174,240 sf (4 ac). Lots recorded prior to the effective date of the watershed protection ordinance in the WS It Protected Area for single-family purposes: - Minimum Lot Size: 15,000 sf Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: Supp. No. 6 1003 04/14/2004 12:34 628-428-5017 TOWN OF MAIDEN PAGE 15 § 17.323 MAIDEN TOWN CODE OPTION 1: • Minimum. Lot Size: 15,000 sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total lot area. OPTION 2: - Minimum Lot Size: 43,660 of (1 ac). Maximum permissible lot coverage by the principal building and all accessory build• ings shall -not exceed thirty (30) percent of the total lot area. Lots in the WS lI Protected Area to be used for two-family dwelling purposes: OPTION 1: Mi.nirnum Lot Size: 20,000 of Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed twelve (12) percent of the total lot area. OPTION 2: Minimum Lot Size: 87,120 sf (2 ac). (Ord. No. 4.11-70, Art. V1II, § 81; Code 1976, § 12.40; Ord, No. 24.80, 11.17-80; Ord. No. 2-83, 2-7.83; Ord. No. 2-90, 1-16-90; Ord. No. 12-93, 8-16-93) Sec. 17.324. R-11 Residential District, The R-11 Residential District is established as a district in which the principal use of land is for medium density. single-family purposes along with Iimited home occupations and public and private community uses. It is expected that all dwellings in such a district will have access to municipal water supplies or municipal sewage disposal facilities or a reasonable .expectation of such service in the near future. (1) Permitted roses. The following uses are permitted: All uses permitted in the R-15 Residential District. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of adjustment that provisions of subsection (3) of this section will be met: a. Group or cluster housing projects or subdivisions, subject to the conditions listed under section 17-335 of this article; b. Planned unit developments. (3) Dimen&ional requirements. Within the R-11 Residential District -as shown on the zoning map, the following dimensional requirements shall be complied with: a Eleven thousand (11,000) square feet minimum lot area per single-family dwelling. unit and sixteen thousand (16,000), square feet per two-family dwellinLr (duplex). b. Seventy-five (75) feet minimum lot width. 5upp. No. 6 1004 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 16 pL,ANNING, ZONING AND SUBDIVISION CONTROL ¢ 17.324 c. Thirty (30) feet minimum building setback line. d. Minimum required side yard for the principal building shall be at least ten (10) feet, except that any side yard abutting a street or highway shall be at least fifteen (15) feet. e. Minimum required rear yard shall be twenty (20) percent of the mean lot depth, provided that such rear yard abutting a street or highway shall be at least thirty (30). feet. f. Maximum permissible lot coverage by the principal building, and all accessory buildings shall not exceed thirty (30) percent of the total lot area. g. Height of building shall not.exceed thirty-five (85) feet unless the depth of the front and total width of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. h. Accessory buildings -shall not be erected in any required front or. side yard or within twenty (20) feet of any street or highway Iine or within five (5) feet of any lot line not a street or highway line. An accessory building or use may be located in s rear yard provided it is located not less than ten (10) feet from the principal building and five (5) feet from the rear yard line:' i. Off-street parking shall be provided as required in section: 17-317 of this article. Lots recorded prior to the effective date of the watershed protection ordinance in the WS It Critical Area for single-family purposes: - Minimum Lot Size: 11,00.0 if Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area for single-family purposes- - Minimum Lot Size: 87,120 of (2 ac). Lots in the WS II Critical Area to be used for two-family dwelling purposes: OPTION '1: • Minimum Lot Size: 16,000 'sf Maximum permissible impervious surface coverage as defined in this ordinance shall not exceed six (6) percent of the total lot area. OPTION 2: - Minimum Lot Size: •174,240 sf (4 ac). Lots recorded prior to the effective date of the watershed protection ordinance in the WS II Protected Area for single-family purposes: Minimum Lot Size: 11,000 sf Lota recorded after the effective date of the watershed protection ordinance in the WS II Protected Area'for single -farm, y purposes: . supp. No. 6 1005 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 17 § 17-324 MAIDEN TOWN CODE OPTION 1: Minimum Lot Size: 11,000 Sr Maximum permissible impervious surface coverage as defined in this ordinance,ahall not exceed twelve (12) percent.of the total lot area. OPTION 2: • Minimum Lot Size: 43,660 of (1 ac). Maximum pum%issible.lot coverage by the principal building and all accessory build- in$a shall not exceed thirty (30) percent of the total lot area. Lots i;n the WS ii Protected Area. to be used for two-family dwelling purposes. - OPTION 1: - Minimum Iat. Size: 16,000' sf M,ammum permissible impervious surface coverage as defined in this ordinance, shall not exceed twelve (12) percent of the total lot area. OPTION 2: Minimum Lox Size; 87,120 sf (2 ac). (Ord. of 4.11-70, Art. Vr1I 0 81-A; Code 1976, § 12.41; Ord. No. 24-80, 11-17-80; Ord- No. 3•83, 2-7-83; Ord. No. 12-93, 8-16-93) Sec, 17.325. R-8 Residential District. The R-8 Residential District is established as a district in which the principal use of land is for single-faiixily, two-family and multifamily reaidenm.. The regulations of this diatrict are intended to provide areas in the community for those persons desiring amall reside=ea and multifamily atru.etures in relatively high -density neighborhoods. The regulations are intended to prohibit any.:use, which, because of its character, would j;iterfere with the residential nature �- of this district. It is expected that municipal water and ¢awerage facilities will be availabld to each lot in such districts. (1) Permitted, uses. The followiag uses are permitted- a All uses permed in the R-20 Rezideatial District axoept class H and C =rlu- factured homes and manufactured home parks; b. Two-family dwellings; c. . Multifamily dwellings; d. Rooming and boarding houses and tourist homes; e. Offices foe doctors, dendite, chiropractors, attorneys, sccoLuntants, Insuremos men and similar professional persona. 8upp. No. 6 1006 04/14/2004 12:34 826-428-5017 TOWN OF MAIDEN PAGE 18 PLANNING, ZONING AND SUBDIVISION CONTROL 17-325 (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of adjustment that the provisions of subsection (3) of this section will'be met: a. Group or cluster housing projects or subdivisions subject to the conditions listed under section 17-335 of this article-, b. Group homes; c.. Planned unit developments. (3) . Dimensional requirements. Within the R-8 Residential District', as shown on the zoning map, the following dimensional requirements shall be complied with: - a_ Eight thousand (8,000) square feet minimum required lot area for the first dwelling unit, and three thousand (3,000) square feet additional lot area per attached dwelling;unit for each unit up to a maximum of ten (1b) dwelling unite per acre. b. Seventy (70) feet minimum mean lot width for the first dwelling unit, ten (10) feet additional mean lot width for the second attached building.: c. Thirty (30) feet minimum required front yard setback. d. Minimum required side yards for the principal building shall be at least ten (10) feet, except that any aide yard abutting a street shall be at least twelve (12) feet. e. Minimum required rear yard shall be twenty (26) percent of the mean lot depth, provided that such rear yard need not exceed thirty. (30) feet. f. Maximum permissible lot coverage by- the principal building and all accessory buildings shall not exceed forty (46) percent of the total lot area. g. Height of buildings shall not'exceed thirty-five (35) feet unless the depth. of the froht and total width of the. side yards required in this section shall be increased by one (1) foot for each two (2) feet or fraction thereof of building height in excess of thirty-five (35) feet. h. Accessory buildings shall not b�e.erected in any required front or side yard or within twenty (20) feet of any street or highway line or wfthfn five (5) feet of any lot line -not a street or highway line. An accessory building or use may be located in a rear yard provided it is located not less than ten (10)- feet from the principal building and five (5) feet from the rear yard line.' i. Off-street parking shall be provided as required in section 17.317 of this article. Lots recorded prior to the effective date of the watershed protection ordinance in the WS 1I Critical Area for single-family purposes: - Minimum Lot Size: 8,000 sf Lots recorded after the effective date of the watershed protectiaii ordinance in the WS lI Critical Area for single-family purposes: - Minimum Lot Size: 87,120 sf (2 uc) Lots in the- WS it Critical Area -to be used for multi -family dwelling purposes: OPTION 1; - Minimum Lot Size.. 8,000 of for the first unit and 3,000 sr for -each additional unit. Maximum, permissible impervious surface coverage as defined in this ordinance shall • not exceed six (6) percent of the total lot area. Supp. Na. 8 .1007 04/14/2094 12:34 828-428-5017 TOWN OF MAIDEN PAGE 19 § 17-325 . MAIDEN TOWN CODE OPTION 2: Minimum Lot Size: 67,120 sf (2 ac) per unit. Lots recorded prior to the effective date -of the watershed protection ordinance in the WS II Protected Area for single-f tmily purposes: - Minimum.Lot Size: .8,000 sf. . Lots recorded after the effective. date of the watershed protection ordinance in -the• WS II Protected Area, for'singierfamily purposes: OPTION 1: Minimum Lot Size: 8,000 sf Maximum permissible impervious suff$ce.coverage as defined in this ordinance shall not geed twelve (12) percent ofthe total lot area. OPTION 2: Minimum Lot .Size, 43,W sf (1 Re)- Maxiiaum .permissible lot coverage -by•the principal building and all accessory hulld- ings ahall-, not exceed forty (40) peitetit of the total lot area. Iota in the WS 11. Protected Area to be .uaed for multi -family dwelling purposes: OP'i`ION I. • Ddnunum Lot. Size: 8,000 of for the first unit and 3,*N sf:for each additional unit.. Maximum permissible impervious surfam coverage as defined is this ordinance shall not e=eed twatya (12) percent of the total lot area OPTION 2: - Minimum Lei ,Size. 43,5W sf (1 ad per unit. (Ord. of 4-11-70,-Art.. VW,182; Code 19715,4 12.42; Ord. of 8-16-78; 0rd. No. 1.81,1.5.81; Ord. No. 2.93, 2.7.83; Ord. No. 12-85; &17-85; Ord..No. 2-90, 1.15.90; Ord. NoL .12.98, .&16.98) see. 17.326. C•1 Central Lommercial Digtrlet. The C-1 Central Coszuse and District ie established as the centrally located trade and commerdal;service area -of the community. -The regulations of this district sire dewed to encourW tie continued use of land for conunuuity trades and commercial eerviioe uaw and to permit a •aoncentr&W ,dery l p=m znt of peartuittead uses -whi.le maintaining a substantial rela- tionship between the intensity of land uses and the capacity .of utilities aad •streets. (1) P"itted uses. The following uses am permitted: i a Amy use permitted in R,8 District,'. suPF. No. s 1008 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 20 PLANNING, ZONING AND SUBDIVISION CONTROL 17-329 b. Any retail business or service establishment not otherwise referred 0 in this section, whose principal activity is conducted within an enclosed building and Is devoted to retail sales and services; c. Hospitals and clinics; d. Philanthropic and charitable institutions; e. Public libraries, public museums' and art galleries; f. Nursing homes; g.. Automobile parking lots and structures; h. Automobile parts and supplies, new; i. Bakeries, retail; j. Banks and other financial institutions, including loan and finance companies; k- Barber and beauty shops; 1. Billiard or pool halls; 'm. Bus stations; n. Businesscolleges, barber and beauty colleges, art schools, music and dance stu- dios and similar uses, but excluding industrial trade schools; o. Business signs, provided that signs projecting at right angles from the building shall be allowed when suspended from a canopy, provided the sign is at least eight (8) feet above the sidewalk, otherwise, signs must .not project more than eighteen (18) inches from such walks; p. Churches and their customary accessory uses, but excluding cemeteries; q. Dairy burs and ice cream manufacturing for retail'sales on the premises only; r. Drugstores, with ar without foundations, s. Dry cleaning and laundry pick-up stations and dry cleaning plants having not more than two thousand (2,000) square feet; t. Electric repair shops; u. Fire and police stations; v. Floral and gift shops; w. Food stores and meat markets, retail only, but excluding the killing or dressing of any flesh or fowl; x. Funeral homes and mortuaries; y. Hotels and inns; z. Jewelry repair shops and opticians; an. Launderette4 and laundromats; bb. Locksmiths and gunsmiths; cc. Medical and dental clinics and laboratories; dd. Newspaper offices and printing plants incidental to such offices; ee. Offices, business, professional and public; iT. Office supplies and equipment, sales and service; gg. Photographic studios; hh. Printing, publishing and reproduction establishments; ii. Public works and utility facilities, but excluding service and storage yards; jj. Radio and TV repair shops; 8upp. No, 6 1009 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 21 17-326 MAIDEN TOWN CODE kk. Restaurants,' including drive-in restauranta, provided such drive-in restaurants are fenced on all sides which abut residential districts. Fences shall be solid from the ground to a height of six (6) feet; dl. Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliances, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby and craft stores, but not excluding similar retail outlets; mm. Service stations, provided that all gasoline pumps and 6ther.stationary equip- ment shall be located at least twelve.(12) feet behind the property line, provided further, that on all aides where such stations abut residential districts, a six-foot high fence and suitable landscaping shall be provided; nn. Shoe repair and shine shops; oo. Signs directing the public to off-street parking areas, provided not more than two (2) signs shall be permitted per lot, provided further, the aggregate size of signs shalt not exceed eight (8) square feet in area; pp- Tailor,and dressmaking shops; qq. Taxicab. stands; rr. Telephone and telegraph offices; M Theaters, indoor; tt. Customary accessory uses and structures when located on the same block as the principal structure, excluding, however, open storage. (2) Conditional uses. The following uses shall be permitted subject to a finding by''the board of adjustment that the provisions of subsection (3) of this section will be met: a. Mixed uses, i.e., building erected for both dwelling and business purposes. b. Car wash establishments, provided that the board of adjustment -shall consider the appropriateness of the establishment and structure proposed in light of the nature of the district. The board of adjustment shall review a site plan and conceptual drawings to be submitted by the applicant and shall consider all relevant factors, including, but not' limited to,' the following: 1. Nature of surrounding land use; 2. Traffic access; S: Water drainage; 4. Trash facilities; 5. Lot size. c.. The assembly and packaging of articles or merchandise from the following pre- viously.prepared materials: aluminum, glass, leather, paper, plastics and other materials that can be assembled and packaged in a relatively clean and' quiet manner. (3) Dimensions! requirements. Within the C-1 Central Commercial District as shown on the zoning map, the following dimensional requirements shallbe complied with: a. Required yards. No building shall be less than forty (40) feet from the centerline of the street. No other yards are required except that where the rear of a lot abuts SUPP. No. 6 1010 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 22 PLANNING, ZONING AND SUBDIVISION CONTROL § 17.327 a residential district there shall be a fifteen -foot rear yard and where a lot abuts the aide of a lot zoned residential there shall be a side yard not less than ten (10) feet in width. In all other cases where a side yard, not required, is provided, it shall be at least eight (8) feet in width, b. Height regulations. In the C-1 Central Commercial District every building here- after erected or structurally altered to exceed fifty (50) feet in height shall be set back from the front lot line on the ratio of one (1) foot for each two -foot rise above fifty (50) feet, but in no case shall the required setback exceed ten (10) feet. c. Off-street loading and unloading. Buildings constructed or converted to commer- cial use after the effective date of the ordinance from which this article is derived which have access to a public alley shall provide off-street loading and unloading berths as required in section 17.318. d. Off-street parking requirements. Off-street parking space shall be provided as required by section 17-317. e, Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection 'ordinance in the WS II Protected Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (4) Buffer restrictions for C-1 and C-2 Commercial Districts. A buffer shall be required for any manufacturing or commercial use in this district located on a lot on any side of the lot which abuts a residential district. A buffer shall not be required where the boundary between the manufacturing and residential .districts is a dedicated public street. The type of buffer required, either planted hedge, wall or fence, shall be determined by the governing body. (Ord. of 4-11.70, Art. •VIII, § 83; Code 1976, § 22.43; Ord. of 8-16-76; Ord. No. 14.76, 12.6-76; Ord. No. 12-84, 12-3-84; Ord. No. 6-86, 2-3-86; Ord. No. 12.93, 8-16.93) See. 17.327.. Office -Institutional District, The Office and Institutional District is designed to provide a wide range of professional and economical office space, as well as space for public and quasi -public uses. . (1) Permitted uses. The following uses are permitted: a. Public or privately -owned medical and dental clinics, and offices where medical or dental services are rendered; supp. No. 6 1011 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 23 ¢ 17-327 MAIDEN TOWN CODE b: Single-family residences provided they meet the setback requirements of the R-8 smtiing'district; c. Furkeral homes; d. Banks (except drive-in banks) and loan offices and agencies; e. Business, professional, government, religious, charitable, civic or fraternal of- fices or agencies and private clubs not engaged in retail sales to the general public or the maintenance of a stock of goods, merchandise or supplies on the .premises. f. Libraries, .art galleriea, museums, music or dancing institutions or schools; g. Auditoriums, armories and publicly -owned and operated recreation facilities; h. Publiel"wned institutions, except jails, correctional institutions and hospitals or institutions operated principally for the treatment of mental, alcoholic or narcotic patients; i_ Customary accessory uses ,and structures when located an the same loot as the main structure; j. Business signs, accessory to and on the same premises with uses permitted in this district, but not including billboards, provided that no sign shall project more than three (3) feet from the main building, nor shall any sign hang lower than eight (8) feet to any sidewalk. Furthermore, there shall be no flashing signs. (2) .Conditional oases, The following conditional uses shall be permitted subject -to ap- proval by the board of a4justment: a. Drive-in banks; b. Public utility and services uses. (3) Dirmnsional requirements. Within the Office -Institutional District, as .shown on .the zoning reap, the fallowing dimensional requirements shall be complied with: a. Minimum front yard: Fifteen (15) feet; b. Minimum side yard: None required, except when abutting a residential district, then as eight -foot side yard a=d n thirty-foot front yard shall be required; c. Minimum rear yard: Fifteen (15) feet; d. Maximum building height: Thirty -rive (35) feet; e. Off-street parking and loading requirements shall be provided for all uses as required by section 17.317. f. mots recorded after the effective date -of the watershed }protection ordinance in the WS II Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximwn impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of.the watershed protection ordinance in the WS II Protected Area: Sapp. No. 6 101E 04/14/2004 12:34 026-428-5017 TOWN OF MAIDEN PAGE 24 PLANNING, ZONING AND SUBDIVISION CONTROL 4 17.328 Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (Code 1976, § 12.43.1; Ord. No. 2-83, 2-7-83; Ord. No. 12-93, 8-16.93) Sec. 17-328. C-2 General Business District. The purpose of the C-2 General Business District is to encourage the establishment of areas for general business which do not require a central location. Activities in this district are often large space users and are intended to provide for offices, personal services and the retailing of convenience and necessity type goods for the community. (1) Permitted uses. The following uses are permitted: a. Any use permitted in the C-1 District; b. Grocery stores and other retail business or service establishmment not otherwise referred to in this section that is consistent with the purpose of this section and caters to the needs of the travelling public. Should a reasonable doubt arise, the board of adjustment shall determine if the retailing establishment is within the spirit of this district; c. Animal hospitals, provided no pens or kennels are located closer than twenty (20) feet to any property line; d. Assembly halls, coliseums, armories, ballrooms, and similar structures; e. Automobile sales, new and used; f. Bakeries and other establishments manufacturing or packaging food products for wholesale distribution; g. Bicycle sales and repair shops; h. Boat and trailer works and sales; L Bottling works; j. Bowling alleys and skating rinks, miniature golf courses, riding stables, go-cart tracks and other commercial recreation facilities; k. Building materials storage and sales yards, provided they are fenced by a solid fence not less than six (6) feet in height; 1. Business signs and billboards, provided such are not located within fifty (50) feet of any residential district, provided further that not more than one (1) billboard structure shall be allowed per one hundred (100) feet or less of lot frontage in single ownership; m. Cabinet, woodworking and upholstery shops, n. Car wash establishments; o. Circuses, carnivals and revival grounds; p. Contractors offices and storage yards, provided the latter are fenced by a solid fence not less than six (6) feet in height; q. Dairy products processing and distributing facilities, including dairy bars-, r. Dry cleaning and laundering plants; s. Electrical supplies and equipment, sales and repairs; 5upp. No. 6 1012.1 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 25 5 17-328. MAIDEN TOWN CODE t. Freezer lockers and ice plants; u. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height; v_ Industrial trade schools and research laboratories; w. Machine and welding shops; x: Mobile home display lots: y. Monument works and sales; z. Motels and motor lodges; aa. Motorcycle, lawrunower and power saw sales and service; bb. F1umbing and heating supply houses, provided all open storage is fenced by a solid fence not less than six (6) feet in height; cc. Secondhand stares and swap shops; dd. Sheet metal, roofing, plumbing and heating and refrigeration shops, but ex• eluding open storage unless it shall be fenced by a solid fence not less than six (6) feet in height; ee. Sign painting and fabricating shops; ff. Wholesale and warehousing establishments; gg. Wholesale storage of gasoline and oil products, including bottled gas and oxygen; hh. Customary accessory uses and structures including open storage provided the area devoted to open storage is enclosed by a solid fence not less than six (6) feet in height. (2) Conditional uses. The following uses shall be permitted subject to a finding by the board of 4ustment that the provisions of subsection (3) of this section will be met: Mixed uses, i.e., buildings erected for both dwelling and business purposes, provided such buildings shall be furnished with side yards an each side of the building measuring not less than eight (8) feet in width; provided, however, that this regulation shall not apply to the street side of a corner lot. (3) Dimensional requirements. Within the C•2 Highway Commercial District as shown on the zoning map, the following dimensional requirements shall be'complied with; a. Minimum lot area and yard requirements shall be: 1. Forty (40) feet minimum front yard; 2. Ten (10) feet minimum side yard; 3. Twenty (20) feet minimum rear yard. b. The total ground area covered by the principal building and all accessory build- ings shall not exceed fifty (50) percent of the total lot area. c. No building shall exceed thirty-five (35) feet in height unless the depth of the front and total width of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof, of building height in excess of thirty-five (35) feet. d. Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as required in section 17-318. supp. Net. 13 1012.2 04/14/2004 12:34 828-428-5017 TOWN OF MiAIDEN PAGE 26 PLANNING, ZONING AND SUBDIVISION CONTROL 6 17-329 e. Off-street parking space shall be provided as required in section 17-317. f. Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface Coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area. - Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (4) Buffer restrictions for C-1 and C-2 Commercial Districts. A buffer shall be required for any manufacturing or commercial use in this district located on a lot on any side of the lot which abuts a residential district. A buffer shall not be required where the boundary,between the manufacturing and residential districts is a dedicated public street. The type of buffer required, either planted hedge, wall or fence, shall be determined by the governing body_ (Ord. of 4-11-70, Art. VIII, § 84; Coda 1976, § 12.44; Ord. of 8.16-76; Ord. No. 14-76, 12.6.76; Ord. No. I1.79, 9-17-79; Ord. No. 13-84, 12-3-84; Ord. No. 12.93, 8.16-93) Sec. 17.329. M-1 Industrial District. The M-1 Industrial District is established for those areas of the community where the principal u'se of land is for industrial and warehousing uses. These uses, by their nature, may create same nuisance and are not properly associated with residential, commercial or service establishments. These uses normally seek outlying locations on large tracts of land where the operations involved do not detract from the development potential of nearby undeveloped properties. (1) Permitted uses. The following uses are permitted: a. Automobile parking lots and structures; b. Amusement, recreation and sporting goods manufacturing; c_ Apparel and clothing manufacturing, including hosiery; d. Automobile parts and accessories manufacturuig; e. Bakeries and other establishments manufacturing prepared food products for wholesale distribution; f. Bedding and carpet manufacturing; g. Boat and trailer works and sales; h. Bottling works; i_ Building materials and specialties manufacturing; j. Building materials storage and sale yards, provided all open storage is fenced by a solid fence not less than six {6a feet in height; Supp. No. 6 1012.3 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 27 § 17-329 MAIDEN TOWN CODE k. Business machines manufacturing; 1. Business signs and billboards, provided such are not located within fifty (50) feet of any residential district, provided further that not more than one (1) billboard structure shall be allowed per .one hundred (100) feet or less of lot frontage in single ownership, with one (1) additional billboard structure allowed per addi- tional one hundred (100) feet of lot frontage: m. Cabinet, woodworking and upholstery shops; n. Contractors' offices and storage yards, provided all open storage is fenced by a solid fence not Iess than six (6) feet in height; o. Dairy products processing and distributing facilities; p. Drugs, medicines and cosmetics manufacturing; q. Dry cleaning and laundry plants; r. Electrical appliances and electronic equipment manufacturing; s. Need and seed stores, hatcheries and fertilizer sales; t. Food stores, fruit stands and produce markets; u. Flour and feed mills; v. Furniture manufacturing; W. Greenhouses and horticultural nurseries; x. Hardware and housewares manufacturing; y. Ice and cold storage plants and freezer lockers; z. Industrial supplies and equipment, sales and service, provided all open storage is fenced by a solid fence not less than six (6) feet in height; aa. Industrial trade schools and research laboratories; bb. Leather products, including luggage and shoe manufacturing, cc. Machine and welding shops; dd. Metal fabricating plants; ee. Monument works and sales; ff. Musical instruments manufacturing; gg. Offices pertaining to any permitted use; hh. Outdoor recreation uses, such as miniature and par-3 golf courses, go-cart tracks and riding stables; ii. Paper products manufacturing; y. Plastic products manufacturing; kk. Rubber and glass products manufacturing; 11. Plumbing and heating supply houses, provided all open storage is fenced by a solid fence not less than six (6) feet in height; mm. Precision instruments and jewelry manufacturing; nn. Printing, engraving and publishing establishments; oo. Public safety facilities such as fire and police stations and rescue squads; pp. Restaurants, including drive-in restaurants; qq. Service stations, including major repair work, provided that all gasoline pumps shall be located at least twelve (12) feet behind the property line; rr. Sheet metal, roofing, plumbing, heating and refrigeration shops, 9upp. No. 6 1012.4 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 28 PLANNING, ZONING AND SLIBDMSION CONTROL $ 17-329 so. Sign painting and fabricating shops; tt. Textile and cordage manufacturing; uu. Trucking terminals, transfer companies; vv_ Wholesale and warehousing establishments, except for the storage of dangerous or offensive items such as uncured hides and explosives; ww. Customary accessory uses and structures, including open storage, provided the area devoted to open storage is enclosed by a fence at least six (6) feet in height. (2) Conditional uses. The following uses shall be permitted subjectto a finding by the board of adjustment that the pravisions of subsection (3) of this section, will be met: a. Mobile home parks, subject to the conditions listed under sections 17.819 and 17-320. b. Manufacturing uses not otherwise named in this section which come within the spirit or intent of this article. Such determination will bemade by the board of adjustment.' (3) Dimengional requirements. Within the M-1 Industrial District as shown on the zoning map, the following dimensional requirements shall be complied with: a. Minimum yard requirements shall be: 1. Fifty (50) feet ininimum front yard setback; 2. Fifteen (15) feet minimum side yard on each side of every principal building; S. Twenty (20) feet minimum required rear yard. b. No building shall exceed fifty (50) feet in height unless the depth of the front and total width•of the side yards required in this section shall be increased by one (1) foot for each two (2) feet, or fraction thereof. of building height,in excess of fifty (50) feet. c. Buildings constructed or converted to uses permitted in this district shall provide off-street loading and unloading space as required in section 17.319. d. Off-street parking space shall be provided as required in section 17.317. e. Lots recorded after the effective date of the watershed protection ordinance in the WS II Critical Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed six (6) percent of the total lot area. Lots recorded after the effective date of the watershed protection ordinance in the WS II Protected Area: Follow any minimum lot size requirements specified by the zoning ordinance but the maximum impervious surface coverage shall not exceed twelve (12) percent of the total lot area. (Ord. of 4-11.70, Art. VIII, § 85: Code 1976, 6 12.45; Ord. No. 12-93, 8-16-93) Supp. No. 6 1012.5 04/14/2004 12:34 828-428-5017 TOWN OF MAIDEN PAGE 29 17-330 MAIDEN TOWN CODE Sec- 17.330. Lot of record. (a) Where the owner of a lot of official record in any residential district at the time of the adoption of the ordinance from which this article derives, April 11, 1970, or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the dimen- sional requirements of this article, such a lot may be used as a residential building site; provided, that the lot dimensions are not more than twenty (20) percent below the minimums .specified in this article. In any case, where the lot dimensions are more than twenty (20) percent below the minimum specified in this article or other dimensional requirements cannot be met, a request must be made to the board of adjustment to obtain a variance. (b) Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in single ownership at any time after April 11, 1970 and such lots individually have less area or width than .the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this article for the district in which such lots are located. (c) Every lot to be built upon shall abut by at least forty (40) feet a public street or shall have access to a public street by a right-of-way at least forty (40) feet in width, and no dwelling shall be built or placed on a lot which does not comply with the foregoing and with all other requirements of this chapter, including, but not limited to, the subdivision control article. (Ord. of 4-11-70, Art. 1X, § 90; Code 1976, § 12.46; Ord. No, 12.83, 11-21.83) Sec. 17•331. Front yard for dwellings. The front yard requirements of this article for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within one hundred (100) feet on either side of the proposed dwelling and on the same side of the street in the same block and use district as such lot is less than the minimum required front yard depth. In such case, the front yard on such lots •may be less than the required front yard but not less than the average of the existing front yard on the aforementioned lots, or a distance of ten (10) feet from the street right-of-way, whichever is greater. (Ord. of 4-11.70, Art. IX, § 91; Code 1976, § 12.47) Sec. 17.332. Height limitations. (a) The height limitations of this article shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures. (b) Radio and television towers shall be permitted as a conditional use in any commercial or industrial district upon approval by the planning and zoning board and subject to a finding by the board that all other requirements for permitted or conditional uses within the district supp. No. 6 1012.6 TOWN OF MAIDEN NORTH CAROLINA 28650 P.O. BOX 125 • (828) 428-5000 FAX (828) 428-5017 • TDD 800-735-2962 June 24, 2005 Mr. Mike Randall, Environmental Engineer North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NPDES Phase 11 Permit Number NCS000481 - Additional Information Request Dear Mr. Randall: Unclosed is the additional information the Division of Water Quality has requested regarding the draft Phase II Stormwater Permit for the Town of Maiden. If you need any additional information or have any questions, please contact me at (828) 485- 4238 or (828) 428-5034. Sincerely, 0"�- �Kf FL Andrea L. Lytle Town Planner � ,e, w% G �� N, �Q s Page 1 SECTION B: PUBLIC EDUCATION AND OUTREACH PERMIT NO. NCS000481 Additional Information Request $ _ ti r T BMP r A r n w 5 rr r �a iA r r a4 ku a t� 3 �' ' `FMeasurable Goals V ' w ^aY}ti�y)�.t�' 10rr��el....,"��,� �s �i.+?,�ras,;r„r,:�{'a�`e� ,� � YR ,"1 r4 YR ;2 YR •3 <YR, 4'� s 'r. 1 YR ,• u���.$ (b) Informational Develop and maintain internet web site. X X X X X Web Site Post newsletter articles on stormwater, information or water quality, stormwater projects and activities, and ways to contact stormwater management program staff. The Town of Maiden has recently launched a new website, located at www,maidennc.com. To comply with this BMP, the Town will add a webpage that focuses exclusively on stormwater issues. Maiden will post articles from its Town newsletter and notices about upcoming stormwater events, as well as general information about stormwater and preserving water quality. There will also be staff contact information and a link to send an email reporting illicit discharges. This webpage will be developed and maintained by VC3, Inc. SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION r { .�! ,. k ,��� a `;fir E •���y��,: � � ;w �,� �C' i, - u^ ta r �!w r a 1 r y N u,1 N easu�rable'Goals �:��ia �,�,,�'<< �g�'Y����p��"���t��°������"��'�;r��..x,�'�'��3a�'�Y� YRr ��.�g yYR� ��,'�� YR �,r�� q 1'Rk; �4,t *. yRl" ��;� , (g) Establish a public Establish and publicize a reporting X X X X X reporting mechanism for the public to report illicit mechanism discharges. Citizens can report illicit discharges to in one of the following methods: (1) Send an email to Town of Maiden staff— a link will be provided on the stormwater webpage; (2) Call the Town of Maiden — an urgent Work Order will be issued to investigate the complaint; (3) Report the discharge directly to staff at Town Hall; (4) Call the Maiden Police Department after-hours — the Communications Center„ dispatch will inform the stormwater staff (5) Call the NCDENR, Division of Land Resources "Stop Mud" hotline �a x r, � cam, Page 2 PERMIT NO. NCS000481 Additional Information Request SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS As of July 1, 2005, the Town of Maiden will enter into an Interlocal Agreement with Catawba County to administer its Erosion and Sediment Control Program. The Country will be responsible for all permitting, monitoring, and enforcement activities related to the implementation of the Erosion and Sedimentation Control Program. The Town of Maiden hereby officially requests a "minor modification" to its Phase II permit to reflect this change. SECTION G: POLLUTION PREVENTION AND GOODHOUSEKEEPING FOR MUNICIPAL OPERATIONS t I3MP >' T 1Vleasurable Goals ` YR YR. FYR .YR YR' (d) Review of Conduct annual review of the industrial X X X X X municipality or activities with a Phase I NPDES operated industrial stormwater permit owned and operated activities by'the permitee. Review the following aspects: the Stormwater Pollution Prevention where one is required, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. The only municipality -owned facility with a Phase I NPDES stormwater permit is the Town of Maiden Wastewater Treatment Plant. To comply with this BMP, the Town will conduct an annual review of this facility. During this review, stormwater staff will conduct a site visit of the plant and inspect its discharge records. Staff will use the opportunity to conduct training regarding stormwater concerns and Phase II requirements. In turn, wastewater staff will ensure that stormwater staff understand their discharge procedures and precautions to avoid stormwater contamination.