HomeMy WebLinkAboutNCS000557_APPLICATION_20110801Z 14
NORTH CAROLINA
Department of Environmental Qual
STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
vo CJ � 551
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
6-..IPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ �6 " l 01
YYYYMMDD
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E The Townof FriendCy People
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August 1, 201 1
Mike Randall
Division of Water Quality
NC Department of Environment & Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Randall:
Er,
L. F 'J
AUI; 3
Lt_iil
DENR - WATEhr G?U Wed+sn& A e.,.— At t7Y
On February 12, 2010, the Town of Zebulon received notification from the Environmental Management
Commission we were determined to meet the required criteria for formal designation as a regulated public
entity that owns or operates a MS4 subject to the NPDES requirements. As a regulated public entity
under the NP17ES stormwater program, the Town of Zebulon was required to develop a stormwater
management program and apply for a stormwater permit. Enclosed are our permit application,
stormwater program report, and supporting documents.
Since receiving the permit notice, we have accomplished many tasks to comply with the Phase If
requirements. We hired The Wooten Company to provide engineering assistance in developing the
stormwater program and to map our stormwater system. The Zebulon Board of Commissioners adopted ®
the stormwater management program on May 4, 2011. As part of Town of Zebulon`s FY2012 budget, the
"Town established a stormwater departmental operation and a 6-year capital improvement budget to
address Phase 11 requirements. The Stormwater Department is staffed by a Stormwater Superintendent
who is an I I -year veteran of the department. This Fall, an additional equipment operator will be hired to
assist with operational duties.
As part of our public outreach program, Town of Zebulon joined the Clean Water Education Partnership
on July 1, 2011. We expect to utilize their promotional ideas to increase public awareness of stormwater
management. We have also enlisted two volunteer teams from GlaxoSmithKline to stencil storm drains
in a local neighborhood on September 9, 2011.
As indicated in our application and program report, we are making a sincere and concerted effort to
comply with the permit requirements and establish a viable, constructive program. Please contact me if
you have any questions or concerns at 919-269-5285.
Sincerely,XD.
C
Director of Public Works
Town of Zebulon
cc: Richard Hardin,
Town Manager
0
FIRE DEPARTMENT
POLICE DEPARTMENT
TOWN HALL
PUBLIC WORKS DEPARTMENT
113 E. Vance Street
1001 N. Arendell Avenue
1003 N. Arendell Avenue
450 E. Horton Street
Zebulon, NC 27597
Zebulon, NC 27597
Zebulon, NC 27597
Zebulon, NC 27597
(919) 269-6487
(919) 269-7455
(919) 269-7455
(919) 269-5285
Facsimile (919) 269-2618
Facsimile (919) 269-0312
Facsimile (919) 269-6200
Facsimile (919) 269-2617
• • s
Town of Zebulon General Fund Summary Expenditure Budget
Fiscal Year 2011-2012
FY 2011 FY 2012 % Increase
FY 2009 FY 2010 Amended FY 2011 FY 2012 Recommended (Decrease)
Actual Actual Budget Estimate Requested & Approved in Budget
Governing Body(410)
$ 145,896
$ 209,467
$ 221,800
$ 217,391
$ 225,900 $
223,500
1%
Administration/Finance (420)
466,357
449,551
507,750
499,034
609,000
530,150
4%
Contract Services/Taxes (450)
9,298
8,476
9,000
8,337
9,000
9,000
00/0
Stadium (470)
95,359
63,189
102,500
55,228
95,400
75,100
-27%
.Planning (490)
309,481
230,487
375,800
339,470
322,000
308,200
-18%
Buildings & Grounds (500)
770,002
1,058,660
1,068,800
1,003,081
1,289,800
1,178,900 -
10%
Police (510)
1,684,987
1,955,231
1,957,889
1,919,556
2,258,300
2,090,000
7%
Fire (530)
1,142,265
1,174,288
911,800
900,053
1,098,600
1,076,400
18%
Streets (560)
317,911
414,885
717,400
703,237
709,500
587,100
-18%
Powell Bill (570)
85,090
225,025
145,000
130,674
171,300
164,000
13%
Sanitation (580)
708,446
887,891
830,600
771,956
919,000
882,200
6%
Stormwater (590)
-
-
85,000
79,703
145,400
136,300
6(rA
Parks & Recreation (620)
907,692
679,208
709,700
676,354
835,600
679,100
-4%
Special Appropriations (690)
796,593
74,001
125,920
121,102
110,300
144,050
14%
Total Expenditures $ 7,439,377 $ 7,430,359 $ 7,768,959 $ 7,425,176 $ 8,799,100 $ 8,084,000 4.06%
27
s
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0
DEPARTMENT
Administration f420
DatalExchange Server (replacement) $
Finance Server (replacement) $
Financial Software System Upgrade
Planning (490)
GIS Computer (replacement)
Buildings & Grounds (500)
Police Station-HVAC Unit Replacement $
Public Works -Shop Roof Replacement $
Community Center Roof Replacement $
Public Works -Storage Shed
Fire Station #2 Construction
Public Works -Fuel System Replacement
Town Hall-HVAC Replacement
Public Works -Maintenance Yard Expansion
Buildings & Grounds Maintenance (6001
Mowing & Turf Management Equipment (replacement) $
Truck (addition to fleet)
Scissor Lift (new)
Truck (replacement)
Police t510
Four Vehicles (replacement) $
SERT Van (replacement)
Six Vehicles (replacement)
Four Vehicles (replacement)
Fire (530)
Engine 91 Tank Replacement $
Truck or SUV (replacement)
Truck or SUV (replacement)
Truck (replacement)
Breathing Air Machine (replacement)
Pumper Truck (replacement)
TOWN OF ZEBULON•GENERAL FUND
APPROVED CAPITAL IMPROVEMENTS & FINANCING PLAN
FISCAL YEARS 2012-2017
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017
7,800 $ 9,200
9,000
$ 30,000
$ 9,500
50,000
17,500
22,000 $ 225.000
$ 30,000
$ 30,000 $ 200,000 $ 227,500 $ 227,500 $ 227,500
$ 30,000
$ 125.000
$ 155.000
9,200 $ 19,000 $ 25,000
$ 7,900 $ 7,900 $ 7,900 $ 7,900
$ 5,000
$ 42,000
44,600 $ 44,600 $ 44,600- $ 44,600
$ 30,000
$ 68,800 $ 68,800 $ 68,800 $ 68,800
$ 172,900
33,600
$ 34,500
$ 34,500
$ 10,100 $ 10,100 $ 10,100 $ 10,100
$ 40,000
$ 105,950 $ 105,950 $ 105,950
Total Cost (for financed projects) & Notes
Total cost-$2,030,000
Total cost•$28,500
Total cost-$160,000
Total cost-$246,800
Total cast-$36,300
Total cost-$380,000
62
w • •
DEPARTMENT
FY 2012
FY 2013
FY 2014
FY 2015
FY 2016
FY 2017
Streets t560)
_
Street Paving Improvements (general)
$
181,000
$ 20,000
$ 200,000
$ 20,000
$ 200,000
$
20,000
Bobcat (replacement)
$
9,750
$ 9,750
$ 9,750
$ . 9,750
Hydraulic Truck Conversion wlPlow & Spreader
$
22,700
Utility Truck (replacement)
$ 35,000
Dump Truck (replacement)
$ 25,650
$ 25,650
$ 25,650
$
25,650
Ramjet (replacement) (Split with Stormwater)
$ 12,200
$ 12,200
$
12,200
Utility Truck wlCrane & Plow (replacement)
$ 65,000
Powell Bill 570
Truck (replacement)
$
7,300
$ 7,300
$ 7,300
$ 7,300
Sidewalk Improvements (general)
$
20,000
$ 10,000
Dump Truck (replacement)
S 16,400
$ .16,400
S 16,400
$
16,400
Sanitation (580)
Backhoe (replacement)
S
21,000
$ 21,000
$ 21,000
$ 21,000
Server (feplacement)
$ 6,400
Street Sweeper (replacement) (Split with Stormwater)
$ 92,500
Automated Leaf Truck (replacement)
$
97,500
Storm Water (590)
Ttreet Sweeper (replacement) (Split withSanitation)
$ 92,500
Ramjet (replacement) (Split with Streets)
$ 12,200
S 12,200
$
12,200
Stormwater Inspection Camera
$ 69,500
Total Cast (for financed projects) & Notes
Odd years are for design
Total cost-$35,000
Total cost-$92,000
Total cost-$87,000
Total cost - $26,300
Total cost-$58,800
Total cost-$76,000
Total cost-$185,000
Replace leaf machine portion only
Total cost-$185,O1i0
Total cost-$87,000
63
•
DEPARTMENT FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017
Parks t3 Recreation (620)
Whitley Park Improvements T
$
62,800
Field Maintenance Equipment (replacement)
$
13,000
$ 13,000
Whitley Park Playground Equipment
$
75,000
Wakelon School Playground Equipment
$ 75,000
Lawn Tractor & Trailer
$ 20,000
Community Park Batlfields (2 new, lighted & irrigated)
$ 1,050,000
Truck (replacement)
$ 9,200
$ 9,200
$ 9,200
Community Park Ballfield Light Replacement
$ 246,000
Commuinity Park Picinic Shelter Replacement
$ 100,000
Little River Park ImprovementslEnhancements
$ 27,500
Stadium (470) -
Stadium Reserve
$
- $
20,000
$ 20,000
$ 20,000
$ 20,000
$ 20,000
_ Existing Debt Service
FY 2010 Installment Purchase
$
84,700 $
84,700
FY 2009 General obligation Bond -Municipal Complex
$
367,000 $
359,050
$ 351,200
$ 343,300
$ 335,450
$ 327,550
FY 2009 Debt Service - Recreation Projects
$
164,650 $
160,000
$ 155,350
$ 150,750
$ 146,100
$ 141,450
TOTALS $ 1,134,600 $ 1,608,000 $ 1,308,050 $ 2,698,600 $ 1,669,350 $ 1,129,900
Funding Sources
Wake County Fire Revenue
$
$
(34,500) $
(38,150) $
(190,000) $
$
Park Grant Funding
$
$
$
(500,000) $
$
Tax Obligation for Municipal Complex Debt
$
(367,000) $
(359,050) $
(351,200) $
(343,300) $
(335,450) $ (327,550)
Federal Forfeiture Funds
$
- $
- $
(30,000) $
- $
- $
Powell Bill Funding
$
(32,200) $
(12,200) $
(23,700) $
(33,700) $
(16,400) $ (16,400)
TOTAL GENERAL FUND OBLIGATION $ 735,400 $ 1,202,250 $ 865,000 $ 1,531,600 $ 1,317,500 $ 785,950
Total Cost (tor financed projects) & Notes
Total cost-$33,000
Financing for vehicles and equipment
50% for certain Fire -related capital projects
Assumes funding will be received for park project
Tax -obligated financing for ZMC
Federal forfeiture reserve
Reserves for Powell Bill -related capital projects
$ 5,651,750
64
State of North Carolina
Department of Environment & Naturai Resources
O Division of Water Quality
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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 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Zebulon
Seeking Permit Coverage
b.
Ownership Status (federal,
local
state or local
c.
Type of Public Entity (city,
town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Wake
f.
Jurisdictional Area (square
13.63 sq. miles
miles
g.
Population
Permanent
5,545 as of 2009
Seasonal (if available)
N/A
h.
Ten-year Growth Rate
1990-2000: 2.75%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
13.63 sq. miles
b.
River Basin(s)
Neuse River Basin
c.
Number of Primary Receiving
Streams
33
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
62.2%
•
Commercial
12.0%
•
Industrial
14.0%
•
Open Space
9.2%
Total w
97.4%(Remaining area is Mixed Use at 2.6%
e.
Are there significant water
quality issues listed in the
attached application report?
® Yes ❑ No
SWU-264-103102
Page 1
NPDES RPE Stormwater Permit Application
0
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
® Yes ❑ No, In Stormwater Ordinance
b. Local Water Supply Watershed Program
® Yes n No
Portion of jurisdiction is WS-II watershed
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No, Rely on Wake County
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: N/A
• Nan'}e of Phase I MS4
N/A
• NPDES Permit Number
N/A
c. Do you intend to co -permit
Yes ®No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
N/A
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No N/A
ermittees?
40 V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
0
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
Wake County
• Element they will implement
Stormwater and Erosion and Sediment Control administration,
enforcement and plan review
• Contact Person
Britt Stoddard, Wake County Stormwater Administrator
• Contact Address
P.O. Box 550, Raleigh, NC 27602
• Contact Telephone Number
919-856-2641
c. Are legal agreements in place
to establish responsibilities?
®Yes ❑ No Interlocal Agreement
VI, DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
SWU-264-103102
Page 2
NPDES RPE Stormwater Permit Application
OVII. SIGNING OFFICIAL'S STATEMENT
Is
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
f
z ( �L— —.
Name
Richard D. Hardin
Title
Town Manager
Street Address
1003 N. Arendell Ave
PO Box
City
Zebulon
State
NC
Zip
27597
Telephone
919-823-1801
Fax
919-269-2617
E-Mail
rhardin@TownofZebulon.org
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
Chris D. Ray
b.
Title
Public Works Director
c.
Street Address
450 East Horton Street
d.
PO Box
e.
City
Zebulon
f.
State
NC
g.
zip
27597
h.
Telephone Number
919-269-5285
i.
Fax Number
919-269-2617
j.
E-Mail Address
cray@TownofZebulon.org
SWU-264-103102
Page 3
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
OList 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.
0
0
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit: Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
Page 4
SWU-264-103102
rl1
L�J
Stormwater Management Program Report
Narrative for NPDES Phase II
Ci
Regulated Public Entity:
Town of Zebulon, North Carolina
Date: May 4, 2011
n
0
Table of Contents
1. Storm Sewer System Information..........................................................................................I
1.1. Population Served..............................................................................................................1
1.2. Growth Rate.......................................................................................................................1
1.3. Jurisdictional and MS4 Service Areas...............................................................................1
1.4. MS4 Conveyance System...................................................................................................1
1.5. Land Use Composition Estimates......................................................................................1
1.6. TMDL Identification..........................................................................................................I
2. Receiving Streams....................................................................................................................2
3. Existing Water Quality Programs..........................................................................................2
3.1. Local Programs..................................................................................................................2
3.2. State Programs...................................................................................................................3
4. Permitting Information...........................................................................................................3
4.1. Responsible Party Contact List..........................................................................................3
4.2. Organizational Chart..........................................................................................................3
4.3. Signing Official..................................................................................................................4
4.4. Duly Authorized Representative........................................................................................4
5. Co -Permitting Information.....................................................................................................4
6. Reliance on Other Government Entity..................................................................................4
6.1. Name of Entity ...................................................................................................................4
6.2. Element to be implemented................................................................................................4
6.3. Contact Information...........................................................................................................4
6.4. Legal Agreements..............................................................................................................4
7. Stormwater Management Program........................................................................................4
7.1. Public Education and Outreach on Stormwater Impacts....................................................4
7.2. Public Involvement and Participation................................................................................7
7.3. Illicit Discharge Detection and Elimination.......................................................................8
7.4. Construction Site Stormwater Runoff Control.................................................................12
7.5. Post -Construction Stormwater Management in New Development
andRedevelopment..........................................................................................................12
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations..............................15
Appendices
Appendix A - Interlocal Agreement Regarding Stormwater Ordinance ............................... 6 Pages
Appendix B - BMPs and Measurable Goals.......................................................................... 6 Pages
Appendix C — Interlocal Agreement Regarding Watershed Protection ................................. 7 Pages
Stormwater Management Program Report
Narrative for NPDES Phase 11
Town of Zebulon, NC
May 4, 2011
Page i
.'7
1. Storm Sewer System Information
I.I. Population Served
The permanent population is 5,545 (North Carolina State Demographics Office, July 1,
2009). The Town of Zebulon does not experience a seasonal population change.
1.2. Growth Rate
Per U.S. Census data, Zebulon's 1990 population was 3,173 and its 2000 population
grew to 4,046. The growth rate for Zebulon from 1990 to 2000 was 2.75% per year
annualized by dividing the percent change over the time period by ten.
1.3. Jurisdictional and MS4 Service Areas
The Town of Zebulon's jurisdictional
13.63 square miles. The Town's MS4
which includes NCDOT rights -of -way.
1.4. MS4 Conveyance System
area including its extra -territorial jurisdiction is
service area is equal to its jurisdictional area,
The Town of Zebulon currently owns and operates stormwater conveyances in the form
of pipes and ditches. In some cases the stormwater conveyances empty into level
spreaders which distribute the water as sheet flow over open land. Two detention
systems are part of the Zebulon stormwater conveyance system including a dry
detention basin at our community center and a sedimentation basin at the public works
office.
1.5. Land Use Composition Estimates
Land Use Type
Areas . mi.
Percentage
Commercial
1.64
12.0
Industrial
1.91
14.0
Mixed Use
0.35
2.6
Open Space_
1:25
9.2
Residential
8.48
�
62.2
Total
13.63
100.0
*Information provided by Town of Zebulon Planning Department.
1.6. TMDL Identification
No known Total Maximum Daily Load (TMDL) allocations have been established for
any bodies of water or receiving streams receiving discharges from the Town. In
Section 2, there is a table of receiving streams which provides: 1) Stream Name, 2)
Stream Segment, 3) Water Quality Classification, 4) Use Support Rating, 5) Water
Quality Issues and 6) 303d list applicability.
Stormwater- Management Program Report
Narrative for NPDES Phase II
Town of Zebulon, NC
May 4, 2011
Page I
O2. Receiving Streams
s
•
Below is a table of the receiving streams in the Town of Zebulon's jurisdictional area.
reuse River Basin: Receiving Streams in Zebulon's Jurisdictional Area
Receiving Stream Name
Stream Segment or Intersection
Quality
Classification
Use Support
Rating
Water Qualityloo
Issues
3t13(d) List
Beaverdem Creek
27-86.2-3
C NSW
ST
NP
NIA
Moving Downstream
Unnamed Tributary I toBeavcrdamCreek
Pippin Rd.
CNSW
NIA
N1A
NIA
Unnamed Tribute 2 toDeaverdam Creek
North Side Between Pi in Rd. and Pearces Rd.
C NSW
NIA
NIA
WA
Unnamed Tribu 3 toBeaverdam Creek
South Sid Wataona Dr.
C NSW
NIA
N/A
NIA
Unnamed Tnbuta 4 to Beave edam Creek
Tippett Rd,
C NSW
NIA
NIA
NIA
Unnamed Tribute 5 to Beaverdam Creek
South Side Dow stream of Shepard School Rd.
C NSW
NIA
NIA
NIA
Unnamed Tributary 6 to Beaverdam Creek
South Side Downstream of Shepard School Rd.
C NSW
NIA
NIA
NIA
Unnamed Tdbu 7 to Beaverdam Creek
South Side Downstream of Shepard School Rd,
C NSW
NIA
NIA
NIA
Little Creek West Side 27-86-2-4 CNSW NS NP 27-43-12
Moving Downstream
Unnamed T ribu S to little Creek(West Side
At US-64
C NSW
NIA
NIA
NA
Unnamed Tributary (2 to Little Creek Cwest Side
North Side South of US-64
C NSW
NIA
NIA
NIA
Unnamed Tributary 3 to Little Creak(West Side)
North Side South ofNMC Dr.
C NSW
N/A
NIA
NIA
Unnamed Tnbu 4 to Little Creek(West Side
South Side East of Horton St.
C NSW
N/A
NIA
NIA
Unnamed Tnbu 5 to Little Creek(West Side
South Side North of Horton St.
C NSW
NIA
NIA
NIA
Unnamed Tribute 6 to Unle Creek CWest Side
North Side, South of Old US-264
C NSW
N/A
NIA
NIA
Unnamed Tnbu 7 to Little Creek(West Side
South Side North of Horton St.
C NSW
NIA
NIA
NIA
Urmamed Tribu 8 to little Creek CWest Side
North Side South of Old US-264
C NSW
N1A
NIA
NIA
Unnamed Tribu 9 to Little Creek CWest Side
North Side South of Old US-265
C NSW
NIA
NIA
NIA
Unnamed Tributary 10 to Little Creek(West Side
North Side South of Old US-266
C NSW
NIA
NIA
NIA
Unnamed Tribu 11 to Little Creek (West Side
North Side South of Old US-267
C NSW
NIA
NIA
N/A
Unnamed Tnbu 12 to Little Creek(West Side
South Side NC
C NSW
N/A
NIA
NIA
Unnamed Tnbu 13 to Little Creek(West Side
North Side Downstream of NC-39
C NSW
NIA
NIA
NIA
Moccasin Creek unn Lake 27-86.2
C NSW
ST
NP
NIA
Unnamed Tributary to Moccasin Creek(Bann LI-I East of Old Bunn Rd. and NC-39
C NSW
NIA
NIA
NIA
Little River sPond 27-57.95 WS-V NSW ST NP NIA
Moving Downstream
Unnamed Tributary t to Little River (TarlpleysPond
East Side North orUS-64
WS-V NSW
NIA
NIA
NIA
Unnamed Tabula 2 to Little River (TArpleys Pond
Past Sid Green Pace Rd,
WS-V NSW
NIA
NIA
NIA
Unnamed Tribe 3 to Little River (Tarpleys Pond
East Side, South of Riverview Dr.
wS-V NSW
NIA
NIA
NIA
Unnamed Tnbut 4 to Little River (Tarpleys Pond
Lest Side South of Swihland Dr.
WS-V NSW
NIA
NIA
NIA
Unnamed Tribute 5 to Little River (Tarpley3 Pond
East Side, West of Mack Todd Rd.
WS-V NSW
NIA
NIA
NIA
Unnamed TribiLtaxy n to Little River T 1 s Pond4
East Side,East of Mack Todd Rd.
W S-V NSW
NIA
NIA
NIA
Unnamed Tribute 7 to Little River (Tarpleyji Pond
East Side Moss Rd.
WS-V NSW
NIA
NIA
NIA
Little River 27-57. 7,5 WS-11H W NSW CAI ST I NP I NIA
3. Existing Water Quality Programs
3.1. Local Programs
The following are existing water quality programs that have been implemented within
the Town of Zebulon's MS4 service area.
3.1.1. Stormwater Ordinance. On January 4, 2010 the Town of Zebulon adopted a
Stormwater Ordinance modeled after the Wake County Stormwater Ordinance;
therefore, requirements for the reduction of Nitrogen and attenuation of the 1-
yr 24-hr storm are included pursuant to the Neuse Nutrient Sensitive Waters
(NSW) Urban Stormwater Rule as Wake County is covered under the Rule.
Through an interlocal agreement, Wake County enforces the Town's
ordinance.
3.1.2. Erosion and Sedimentation Control Ordinance. Since 1985, Zebulon has
referenced Wake County's Erosion and Sedimentation Control ordinance as
Stormwater Management Program Report
Narrative for NPDES Phase H
Town ofZehulon, NC
May 4, 2011
Page 2
O
0
•
their own. Wake County enforces Zebulon's Erosion and Sedimentation
Control Ordinance through an interlocal agreement.
3.2. State Programs
0 The Town of Zebulon is required by the State to adhere to Neuse River Riparian
Area Protection and Maintenance Rule (15A NCAC 2B .0233) due to it being
located within the Neuse River Basin.
a The Town of Zebulon lies alongside the Little River Watershed, which is classified
as a WS-11 watershed by the State of North Carolina. The Town of Zebulon, Wake
County, and other municipalities participate in the Little River Reservoir Water
Supply Watershed Protection Interlocal Agreement to control development density
(See Appendix C, Maps A & B).
4. Permitting Information
4.1. Responsible Party Contact List
Measure
Contact Nam r0asition
Phone
Fax
e-mail
I, Public Education and Outreach
Chris D. Ray, Zebulon Public Works Director
919-269-52a5
919-269-2617
g
2. Public Involvement and Participation
Chris D. Ray, Zebulon Public Works Director
919-269-5295
919-269-2617
3. Illicit Dischisr a Detection and Elimination
Britt Stoddard Wake County Stormwater Administrator
919-656.2641
919-743-4772
bstqddardQwake&pv cam
4. Construction Site Stormwater Runoff Control
Britt Stoddard, Wake County Stonmwater Administrator
919-856-2641
919-743-4772
bstodd ke v
5, Post Construction Stormwater Management
Britt Stoddard, Wake County Stormwater Administrator
919-856-2641
919-743-4772
bstaddu;i ko
6. Pollution Prevention/Good HousekeepingHousek"ping
Chris D. Ray,Zebulon Public Works Director
919-269-5285
919-269-2617
4.2. Organizational Chart
TOWN OF ZEBULON, NORTH CAROLINA
ORGANIZATION CHART
:Citizens
5EP'rEMBER 17, 2010 _ _
I, Board of
Town Attorney T' l' Cornmisiloners
Town Manager
Finance
Fire
Planning
Police
Budgeting
Suppression
Land Use
Patrol
Payroll
Training
Code
Investigation
Personnel
Irisptctions�
Enf6rcement
Accounts
Fire Prevention
Economic
Crime
Ragable
Development
r:Prevention
Stormwater Management Program Report
Narrative far NPDES Phase 11
Town of Zebulon, NC
Planning Board . .
Board of Adjustment.
Patin &,Recreation Advisory Board
Parks
Programs &
Public
;,-1vents,-.
Buildings
Community
Center.,.
Streets &
Powell W11
Sanitation
Storm Water,:.
i Stadium ]
May 4, 2011
Page 3
O 4.3. Signing Official
Richard D. Hardin, Town Manager is the authorized signing official of the NPDES
Phase 11 Stormwater Permit Application. The manager oversees all personnel
responsiblc for implcmcnting the program. As the Town Manager, Mr. Hardin is the
principle executive officer of the municipality.
•
4.4. Duly Authorized Representative
The Town of Zebulon will not be delegating permit application responsibility to
someone other than the signing official.
Chris D. Ray, Director of Public Works, will be the person/position responsible for day
to day implementation and oversight of the stormwater program. The Zebulon Public
Works Director is authorized to make minor adjustments to BMPs to accomplish the
overall objectives and goals of the stormwater management program.
5. Co -Permitting Information
The Town of Zebulon will not be co -permitting with another entity in order to fulfill
the requirements of this permit.
6. Reliance on Another Government Entity
6.1. Name of the Entity: Wake County
6.2. Element to be Implemented
Wake County is currently administering and enforcing the Town of Zebulon's Erosion
and Sedimentation Control and Stormwater Ordinances. As a part of the NPDES Phase
11 Stormwater Permit Requirements, Wake County will be responsible for enforcement
of the following program areas: Illicit Discharge Detection and Elimination,
Construction Site Stormwater Runoff Control, and Post -Construction Stormwater
Management in New Development and Redevelopment. If illicit discharge is reported
or detected during maintenance operations, Town of Zebulon will report the violation
to Wake County for enforcement of the ordinances.
6.3. Contact Information for the Responsible Party
Mr. Britt Stoddard
Wake County Stormwater Administrator
P.O. Box 550
Raleigh, NC 27602
919-856-2641
6.4. Legal Agreement
The Town of Zebulon and Wake County have an interlocal agreement which provides
the legal mechanism for Wake County to both administer and enforce the Town of
Zebulon's Erosion and Sedimentation Control and Stormwater Ordinances. A copy of
the interlocal agreement is included in Appendix A.
Stormwater Management Program Report
Narrative for NPDES Phase II May 4, 2011
Town of Zebulon, NC Page 4
O7. Stormwater Management Program
•
7.1. Public Education and Outreach on Stormwater Impacts
The Town of Zebulon will implement a public education program to distribute
educational materials to the community and/or conduct equivalent outreach activities
about the impacts of stormwater discharges on water bodies and the steps that the
public can take to reduce pollution in stormwater runoff.
7.1.1. BMP Summary Table. See Appendix B.
7.1.2. Target Audience. Our public education program will target homeowners,
students and business owners because Zebulon is primarily a residential
community with supporting commercial businesses. The Town believes if you
can educate the students, the message will be taken home to the parents.
7.1.3. Target Pollutant Sources. Given the fact that sediment and nitrogen are the
predominant pollutants in the Neuse River Basin, these are the pollutants which
we will concentrate on in our public education and outreach efforts. The public
education program will address household hazardous waste, pet waste, lawn
and gardening activities, vehicle washing and illicit discharges.
7.1.4. Outreach Program. The stormwater education outreach program which the
Town plans to implement will be developed to address water resources
degradation in the Town of Zebulon jurisdictional area. The Town will partner
with Wake County, the Wake County Center of the NC Cooperative Extension,
Clean Water Education Partnership and the Wake County Department of
Environmental Services (DES) to deliver a targeted public education program
promoting environmental stewardship to conserve natural resources and to
foster an environmental ethic among citizens of Zebulon through
environmental education and science -based information. The education
objectives planned to be implemented include:
• Printing fliers on examples of how home and business owners impact water
quality and include them in utilities billing annually.
Adding a page to the Town website which provides links to the Wake
County Stormwater website, NC Cooperative Extension website for Phase
II Stormwater and the website for the Clean Water Education Partnership.
The website will include the contact information for the Town of Zebulon
Stormwater Administrator for the Phase II Program for answering specific
questions and for notifying the Town of potential illicit discharges and
ordinance violations. It will also direct after hours emergency calls to
Zebulon Public Works' after-hours emergency number.
Placing brochures in government facilities promoting best management
practices to handle household hazardous waste and pet waste using
resources from the NCDENR Stormwater and Runoff Pollution Tool Kit
and NC Cooperative Extension.
Stormwater Management Program Report
Narrative for NPDES Phase It May 4, 2011
Town of Zebulon, NC Page 5
O • Holding presentations annually at schools in the jurisdiction to educate
students on stormwater and its impact on water quality,
• Including articles in our periodic newsletter to residents and businesses
promoting best management practices for vehicle washing, handling pet
waste, lawn and gardening activities, and proper disposal of household
hazardous waste.
• Running television announcements on Eastern Wake TV giving tips on
how to be an effective steward of the environment.
• Setting up a stormwater information booth at community -sponsored
festivals to inform citizens about how they can contribute to improving
water quality in the area.
The Town of Zebulon will join the Clean Water Education Partnership giving
the Town access to the education opportunities provided by them. The Town
will also appoint a representative to attend partnership meetings and bring back
ideas on how to further educate our citizens.
All of the above mentioned activities will be implemented on the schedule
shown in Appendix B and will be continued throughout the extent of this
permit. It is anticipated that each of these activities will contribute to the
Town's ultimate goal of implementing a successful education and outreach
® program to inform the public about the benefits of improving water quality in
their community.
7.1.5. Evaluation.
Informational Website:
• Record data from calls to the Zebulon Stormwater Administrator and act
on suggestions for improvement.
• Record the number of "hits" on the stormwater website.
Educational Fliers, Newsletters and Brochures:
• Record number of educational materials created and distributed through
billing to homeowners and businesses.
• Record the number of brochures distributed.
• Record number of newsletters sent out with stormwater information in
them.
Using the Media:
• Record the number of announcements made on TV.
• Record the number of stormwater related articles/advertisements published.
Classroom Education and Information Booth:
• Record number of educational materials distributed.
• Record number of schools, classes and students that participate in Town
® sponsored presentations or activities.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 7011
Town of Zebulon, NC Page 6
O + Try to record the number of visitors to the Zebulon Night Out information
booth.
7.2. Public Involvement and Participation
To meet the minimum requirement for public involvement, this permit has been
available for public review on our website since March 24, 2011. An advertised Public
Meeting was held on April 20, 2011 at the regularly scheduled Town Meeting for the
purposes of taking public comments on the proposed stormwater program. No
comments were received.
An outreach program will be developed within the first two years of the permit in order
to reach out and engage all economic and ethnic groups and provide opportunities for
the ,public to participate in program development and implementation as well as
forming a citizen's volunteer action group for participating in stormwater improvement
activities.
7.2.1. BMIP Summary Table. See Appendix B.
7.2.2. Target Audience. The Town of Zebulon's target audiences for its public
involvement program will actively involve all potentially affected stakeholder
groups, including, but not limited to commercial and industrial businesses,
trade organizations, environmental groups, homeowner associations,
developers/builders and educational organizations.
7.2.3. Participation Program. The Town of Zebulon will provide activities for
public participation in stormwater management and opportunities for public
involvement/review of the stormwater program, including the following:
Activities/Public Participation:
• Storm drain stenciling of storm drains within the jurisdiction.
• Establish an ongoing advisory committee (stakeholder group)
Involvementlpublic Opinion:
• Hold public hearings on stormwater issues including approval of the Phase
II Permit Application and ordinance revisions (if needed).
• Facilitate public meetings as needed on specific stormwater related topics.
• Survey citizens as needed for research and targeted education programs.
The core of the public involvement program will be volunteer groups
participating in a storm drain stenciling program. This program will begin
during the first year of implementation with an annual goal of stenciling 10%
of all drains in the system. The Town's website will include postings of
volunteer opportunities for storm drain stenciling, provide information on how
to join the Stormwater Advisory Committee and provide the schedule for
Public Meetings where stormwater issues will be discussed.
7.2.4. Evaluation
0 Storm Drain Stenciling:
Stormwater Management Program Report
Narrative fir NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 7
O The number or proportion of drains stenciled.
+ The number of stenciling volunteers.
Public Meetings:
• The number of meetings held.
• The number of attendees.
• Actions taken as a result of stakeholder meetings.
+ Number of write ups detailing stormwater related discussions during public
meetings.
• The number of stakeholder groups represented.
7.3. Illicit Discharge Detection and Elimination
The Town of Zebulon will adopt, implement and enforce a program to detect and
eliminate illicit discharges.
7.3.1. BMP Summary Table. See Appendix B.
7.3.2. Storm Sewer System Map. The Town of Zebulon is currently in the process
of mapping its stormwater infrastructure including outfalls, discharge points
and BMPs. This work will be completed by June 30, 2011. Mapping of
stormwater infrastructure will be updated as more infrastructure is added to the
system.
7.3.3. Regulatory Mechanism. The Town of Zebulon already has legal authority to
investigate illicit discharges as established in its stormwater ordinance. Wake
County is now and will continue enforcing Zebulon's illicit discharge
ordinance, although the Town will assist the County with inspecting,
identifying, and correcting illicit discharges. The Town will have its
stormwater ordinance reviewed by the Town Attorney, and if additional
authority is needed, it will be established through ordinance amendments with
collaboration with Wake County.
7.3.4. Enforcement. Town staff will be cross -trained to recognize, report,
investigate and correct illegal discharges. Staff to be trained includes the
maintenance staff of the Public Works Department. Initially, the current staff
of the Town will be responsible for identifying illicit discharges. If the need is
found for further personnel to investigate illicit discharges and administer the
program, Wake County will be contacted for support.
7.3.5. Detection and Elimination.
7.3.5.1. Locating Problem Areas. Illicit discharges and connections to the
Town's storm sewer system will be identified using the following
techniques:
• Water sampling data, water quality information and/or location
of the oldest sanitary sewer lines in the Town will be reviewed to
identify potential problem areas and to prioritize the need for
. visual screening.
Stormwater Management Program Report
Narrative for NPDES Phase H May 4, 2011
Town of Zebulon, NC Page 8
0
• Town employees will be trained to conduct proper inspections,
screen, and test outfalls. All members of the maintenance staff
for the Public Works Department will be trained annually on
how to identify illicit discharges during their daily operations.
• Visual screening of 10% of the outfalls in the storm sewer
system that are under the control of the Town will be completed
annually.
• Dry weather field screening of outfalls will be conducted as
needed. Dry weather is defined as periods where there has not
been precipitation or snow melt for 2 days. The location
screened will be marked on the Town's stormwater infrastructure
map.
• Locations identified by visual screening, complaints, and water
quality data as requiring follow up will be prioritized and
revisited during dry weather periods. Outfalls potentially
discharging polluting material during dry weather periods will be
tested based on water quality problems found in the stream,
screening tests, odor, color and/or visual observations.
Assistance in sample collection and testing will be requested of
NCDWQ when a significantly unusual pollutant or complex
problem is found.
• The Town of Zebulon will establish a complaint system to log
complaints, assign them for follow-up and document results of
investigations. A procedure to coordinate complaint response
and follow up will be developed in cooperation with Wake
County.
7.3.5.2. Finding the Source. The location and prioritization of the sources
that are illicitly discharging polluting materials into receiving
streams in the jurisdiction will be as follows:
• Water quality problems that have been identified from past
sampling and inspections by the Town or NCDWQ will be
reviewed. A plan will be developed for further investigation and
correction.
• Complaints related to the discharge of polluting materials will be
investigated as they are reported. Staff resources will be
allocated as needed in order to respond in a timely manner. A
system will be developed for follow up distribution of public
education materials regarding improper disposal into storm
sewer system for those associated with the illicit discharges.
• Water sampling and testing will be conducted as necessary to
locate the source of the illicit discharge.
• Suspicious discharges will be prioritized based on the estimate of
their impact on the watershed.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 9
• Investigation of suspicious discharges will be made by visual
inspection and/or testing of discharges within the storm drainage
system upstream and downstream of the suspicious discharge.
Other options that will be considered in locating illicit
connections or discharges include televising the storm sewer or
dye testing premises in the area where there is a discharge.
Notification will be placed on the doors of residents and
businesses alerting them to the problem that is under
investigation and to solicit their assistance in finding the source.
A building -by -building evaluation may also be used in areas
where a problem has been isolated to a small area.
7.3.5.3. Removing/Correcting Illicit Connections.
The Town of Zebulon will include the location of outfalls to
waters of the State on their stormwater infrastructure map.
Suspicious discharges identified from available water sampling
data, complaints and visual inspections will then be prioritized
for sampling. Investigations will be made to find the sources of
pollutants. Those responsible for discharges will be notified for
correction and followed up with to assure correction is
satisfactorily completed.
• Existing ordinances will be used to address illicit discharges and
connections. Assistance may be requested from NCDWQ to
obtain correction. If current ordinances are not adequate to result
in correction of illicit discharges, amendments to the ordinance
will be prepared. If an ordinance change is needed to correct
illicit discharges, the changes will be presented to the Town
Commissioners within 9 months after it is determined that
existing ordinances are inadequate to require correction of the
illicit discharge.
• Per Interlocal Agreement, Wake County will be in charge of
enforcing the illicit discharge ordinance for the Town of
Zebulon. The Town will assist the County by completing the
annual visual inspections, identifying illicit discharges, and
taking appropriate actions to have illicit discharges removed.
7.3.5.4. Non-Stormwater Discharges. The following categories of non-
stormwater discharges or flows (i.e., illicit discharges) will only be
investigated if found in an area that has been identified as having
polluted water:
• Water line flushing
• Landscape irrigation
• Diverted stream flows
• Rising ground waters
0 • Uncontaminated ground water infiltration
Stormwater Management Program Report
Narrative for NPDES Phase II
Town of Zebulon, A'C
May 4, 2011
Page 10
•
Uncontaminated pumped ground water
•
Discharges from potable water sources
•
Foundation drains
•
Air conditioning condensation
•
Irrigation water
•
Springs
•
Water from crawl space pumps
•
Footing drains
•
Lawn watering
•
Individual residential car washing
•
• Flows from riparian habitats and wetlands
• De -chlorinated swimming pool discharges
• Street wash water
7.3.6. General Prevention.
• Through coordination with Wake County, the Town of Zebulon will
monitor the installation of all new storm and sanitary sewers. Before the
County issues a certificate of occupancy for new facilities, the Town will
require a certification that no illicit connections will be made by the new
facility owner.
• The Town of Zebulon will send formal notification to the NCDWQ of new
proposed industrial facilities for follow-up to ensure compliance with the
NPDES program.
7.3.7. Outreach Program. The Town of Zebulon will be providing Stormwater
Public Education Programs for residents, businesses and schools. These
programs will include specific information about illicit discharges and
connections. Discharges from potable water sources, irrigation water, lawn
watering and individual residential car washing will be managed via the public
education program to reduce the number of potential illicit discharges.
7.3.8. Decision Process. The stormwater Illicit Discharge Detection and Elimination
Program will emphasize prevention of illegal discharges through regulation and
education. The ordinance will be enforced as needed, but the emphasis when a
discharge is found will be education and elimination of the discharge. The
inventory of previous complaints and location of old sanitary sewer lines will
be the initial priority areas for visual inspection. Efforts will be made at cross -
training Town staff in recognition of illegal discharges.
7.3.9. Evaluation. All activities related to this Illicit Discharge Elimination
Program will be tracked and documented by the Town of Zebulon.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page I 1
In years 1 to 5 following the issuance of the NPDES stormwater permit, the
following will be accomplished on an annual basis:
• A summary report detailing complaints received, investigated and the
results of the investigation will be prepared.
• Suspicious outfalls that had a dry weather flow during visual screening will
be tested for suspected pollutants.
• A summary report of premises found to be improperly connected to the
storm sewer or sanitary sewer will be prepared.
• A list of outfalls, manholes tested (as appropriate), and test results will be
prepared.
7.4. Construction Site Stormwater Runoff Control
Per Interlocal Agreement, The Town of Zebulon will rely on the Wake County Erosion
and Sedimentation Control Program to meet the requirements of this component of the
Phase II Program. The Town recognizes that sedimentation is a major pollutant of
stormwater in North Carolina and has designated it as one of the primary pollutants for
the public education programs and local initiatives for water quality along our major
streams.
The Town maintains a strong working relationship with Wake County Erosion and
Sedimentation Control Officials and keeps them informed of potential violations on
building sites.
See Appendix B for BMP Summary Table.
7.5. Post -Construction Stormwater Management in New Development and
Redevelopment
The Town of Zebulon currently has a stormwater ordinance in place which is generally
consistent with Wake County's stormwater ordinance. Wake County's stormwater
program complies with the State's Watershed Water Supply Protection requirements,
the Neuse NSW requirements for urban stormwater and the State's Phase II rules for
post -construction. The Town of Zebulon's current stormwater program addresses
stormwater runoff from new development and re -development projects that disturb an
area greater than or equal to 20,000 square feet, which is more restrictive than Wake
County's stormwater program. All subject projects must control peak flow and lower
nitrogen export amounts.
7.5.1. Regulatory Mechanism. The Town's stormwater ordinance addresses post -
construction runoff from new developments and redevelopments. Below is a
general outline of the Town's requirements which are generally more stringent
than minimum requirements of the NPDES Phase 11 program.
General Development and Redevelopment Standards:
• No development within 50 feet of any perennial or intermittent stream.
0 • No development within the FEMA designated 100-year floodplain.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 12
Low Density Projects Only (between 15 and 24% built upon area):
• No net increase in the peak flow leaving the site from pre -development
conditions for the 1-year, 24-hour storm.
• Drawdown time for all flow reduction structural BMPs shall be between 48
and 120 hours.
High Density Projects Only (more than 24% built upon area):
• Control and treat runoff from the first inch of rain with a drawdown time of
between 48 and 120 hours.
• All structural stormwater treatment systems shall provide a Total
Suspended Solids (TSS) removal of 85%.
• No net increase in the peak flow leaving the site from the pre -development
conditions for the l-year, 24-hour storm.
• Runoff volume drawdown time shall be between 48 and 120 hours.
The Town has an interlocal agreement with Wake County to administer and
enforce the Town's stormwater ordinance.
7.5.2. BMP Operation and Maintenance. Zebulon's program includes an operation
and maintenance component that ensures the adequate long-term operation of
the structural BMPs required by the program. As a part of the interlocal
agreement, Wake County is responsible for annually reviewing and approving
ismaintenance inspection reports of all structural BMPs from appropriate,
qualified licensed design professionals and those certified by the NC
Cooperative Extension Service for stormwater BMP inspection and
maintenance. Property owners must submit documentation to Wake County
for review. Wake County staff will communicate directly with the BMP
owners to facilitate needed maintenance or corrective actions.
7.5.3. On -Site Wastewater Systems. There are some existing on -site septic systems
located within Zebulon's jurisdiction. As a part of the minimum control
measures for this permit, Zebulon will incorporate all of the known locations of
on -site septic systems in its jurisdiction from the Wake County Environmental
Services database into its stormwater mapping to use for prioritizing visual
inspections of its MS4. On -site septic systems found to be experiencing
problems or failing, will be referred to the Wake County Environmental
Services Department. If public sanitary sewers are not available, short and
long term solutions for sewage disposal must then be devised. All new
construction is required to connect to municipal sewer. The entire municipal
sewer in the Town of Zebulon's jurisdictional area is owned and operated by
the City of Raleigh. If overflows of sanitary sewer manholes or cross
connections to a storm sewer are detected, the City of Raleigh will be notified
so the problem can be corrected.
7.5.4. Nutrient Sensitive Waters. The Town of Zebulon service area drains to
Nutrient Sensitive Waters in the Neuse River Basin. The Town of Zebulon's
stormwater ordinance requires all development and redevelopment projects to
provide permanent on -site BMPs to lower the nitrogen export amounts as part
Stormwater Management Program Report
Narrative jor NPDES Phase 11 May 4, 2011
Town ofZebulon, NC Page 13
® of the stormwater management plan and accompany the land disturbing plan
submittal. BMPs are to be in accordance with and as specified in the Design
Manual. Additionally, the Town is subject to 15A NCAC 02B.0233 Neuse
River Basin: Nutrient Sensitive Waters Management Strategy: Protection and
Maintenance of Existing Riparian Buffers which establishes 50 foot wide
buffers directly adjacent to surface waters.
7.5.5. Comprehensive Watershed Protection Plans. The Town of Zebulon has an
interlocal agreement with other local municipalities and Wake County to
protect water supply watersheds in the area. (See Appendix C, Maps A&B)
7.5.5. BMP Summary Table. See Appendix B.
7.5.7. Non -Structural BMPs. The Town of Zebulon attempts to direct high density
growth to identified areas, protects sensitive areas such as wetlands and
riparian areas, maintains and/or increases open space, provides buffers along
sensitive water bodies, and minimizes disturbance of soils and vegetation
through adopted land use plans and by policy or ordinance.
• Land Use Plans — Growth is directed to specific areas through land use
plans that are developed with public input and adopted by Zebulon. These
plans provide guidance for the development community.
• Minimize soil and vegetation loss through the erosion and sedimentation
control program.
® • Local Riparian Buffer requirements as provided in the stormwater
ordinance
• Open space program
• Tree preservation program
7.5.8. Structural BMPs. The Town of Zebulon allows the use of structural BMPs as
approved by the State of North Carolina in accordance with the BMP manual.
7.5.8.1. Wet ponds and extended detention outlet structures are approved
structural BMPs for stormwater use.
7.5.8.2. Filtration practices such as grassed swales, bioretention cells, sand
filters and filter strips are approved structural BMPs for stormwater
treatment.
7.5.8.3. Infiltration practices such as infiltration basins and infiltration
trenches are not commonly used due to the predominance of clay
soils in Wake County; however they have been used where
appropriate soils exist.
7.5.9. Regulatory Mechanism. Post -construction runoff is addressed through local
ordinance.
7.5.10. Operation and Maintenance. Long-term operation and maintenance (O&M)
of on -site BMPs is ensured through legal documentation filed with the Wake
• County Register of Deeds and through financial bonds or sureties, which must
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 14
be posted with Wake County for each project. These sureties usually originate
with the developer and financial responsibilities are passed on to the
landowners through the homeowner's association in residential developments.
Given our low density of residential development, we have not encountered a
subdivision, which had to provide BMPs, bonds or sureties to date. For
commercial developments we generally deal only with the landowner.
Maintenance manuals and inspection manuals are also required.
7.5.11. Decision Process. The Town of Zebulon's current programs and ordinances
appear to meet or exceed the post -construction stormwater management
requirements of NPDES Phase It. The Town of Zebulon's stormwater
ordinance is consistent with Wake County's stormwater ordinance. Wake
County will be administering and enforcing the Town's post -construction
stormwater management requirements. The Town will amend its ordinance as
necessary to be consistent with the County's requirements and to satisfy Phase
11 requirements.
7.5.12. Evaluation. Wake County will maintain data for each construction project,
which includes pre- and post -loading conditions. An annual report will be
submitted to the Division of Water Quality each year by Wake County
summarizing new development.
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
The Town of Zebulon will develop and implement an operations and maintenance
program that includes a training component and has the ultimate goal of preventing or
reducing pollutant runoff from municipal operations including any Town owned or
operated portion of the stormwater conveyance system.
Using training materials that are available from EPA, other federal, state and non-profit
organizations, Zebulon will train employees to prevent and reduce stormwater pollution
from activities such as park and open space maintenance, fleet and building
maintenance, new construction and land disturbances, and stormwater system
maintenance.
7.6.1. BMP Summary Table. See Appendix B.
7.6.2. Affected Operations. The following Town of Zebulon facilities and
operations are impacted by this operation and maintenance program. These
programs will be evaluated and revised to ensure that the programs minimize
pollutant loading. Facilities will be inspected to identify and eliminate
exposure to stormwater. Corrective actions will be taken or BMPs put in place
as needed.
Facilities/operations/new construction and land disturbances:
• Parks and open space maintenance
• Buildings and grounds maintenance
• Fleet maintenance and vehicle washing
0 • Stormwater system maintenance
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 15
• New construction and land disturbances
• Parking lot maintenance
• Yard waste processing facility
• Materials and chemicals storage
• Street sweeping
• Bulk fueling station (has an Industrial Stormwater Permit)
7.6.3. Training. Employee training programs will be developed for preventing and
reducing stormwater pollution from activities including:
• Park and open space maintenance
• Buildings and grounds maintenance
+ Fleet maintenance and vehicle washing
• Materials and chemicals handling
• Stormwater system maintenance
• Solid waste collection procedures
• New construction and land disturbances
• Parking lot maintenance practices
. • Yard waste collection and processing practices
• Street sweeping
•
• Bulk fueling operation
7.6.4. Maintenance and Inspection. Maintenance of stormwater structures within
the road right-of-way (ROW) is conducted as needed by NCDOT for State
maintained roadways. There is no regular inspection program. Problems are
found usually due to flooding problems and/or citizen complaints. The Town
regularly maintains streets and other facilities within the MS4 through
regularly scheduled street sweeping and maintenance. The Town will establish
a goal of inspecting and cleaning 10% of infrastructure annually. Condition of
devices will be recorded and deficiencies will be addressed in a timely manner.
Illicit discharge inspections and stenciling may be completed at the same time.
7.6.5. Vehicle Operations. Zebulon will review its personally owned and
maintained facilities with the intent of implementing controls for reducing or
eliminating the discharge of pollutants from Town owned and maintained
parking lots, maintenance and storage yards, yard waste processing centers,
bulk fueling station and fleet or maintenance shops with outdoor storage areas.
The majority of our fleet and maintenance facilities are already covered to
prevent exposure to rainfall. All vehicle washing activities will be reviewed as
to their effects on water quality.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town ofZehulon, NC Page 16
® 7.6.6. Waste Disposal.
MS4 Conveyance System and Municipal Operations
All leaves and yard debris removed from Zebulon owned and maintained MS4s
and municipal operations is properly collected and disposed of at the Town's
yard waste facility. All sediment collected from storm sewer cleaning is also
taken to the yard waste facility and placed in an erosion protected area to be
dried and subsequently added to the Town's soil stock pile. Litter removed
from storm sewer cleaning activities is disposed of in the litter collection area
at the yard waste facility and subsequently disposed of in the County landfill.
All water collected during vacuuming of the storm sewer system is filtered to
collect sediment and returned back to the storm sewer.
•
Yard Waste Processing Facility
The yard waste facility is outdoors but is completely fenced to prevent leaves
and debris from being blown into a nearby stream. A double silt fence and
check dams are in place to prevent sediment transfer from the processing area
and are inspected and maintained on a regular schedule. The site has a
maintained minimum 60' grassy buffer to control stormwater runoff of the
facility. Yard waste is collected in the Town of Zebulon year round. The
grinding of yard waste into mulch is performed bi-annually to minimize the
amount of collected yard waste at the facility.
Street/ Parking Lot Sweeping
Street/parking lot sweeping is performed throughout the year in the Town. Our
annual goals are as follows:
• Main thoroughfares (Gannon Avenue, Arendell Avenue, Shepard School)
will be swept 26 times per year.
• Collector and all residential streets will be swept at least once month.
• The downtown business district will be swept weekly.
• Parking lots located at the Zebulon Municipal Complex, Zebulon
Community Center and Zebulon Public Works are swept weekly during
mowing season.
All material is disposed of properly at the County landfill.
7.6.7. Decision Process. The development of a pollution prevention/good
housekeeping program for municipal operations is required to minimize
pollutant loading from Town operations or facilities. By training staff and
evaluating programs and facilities, the Town of Zebulon can minimize
pollutant loading to the maximum extent practical.
7.6.8. Evaluation.
Fleet Maintenance and Vehicle Washing
The number of employees trained in preventing pollution from fleet
maintenance and vehicle washing activities.
• The number of spills reported and the resultant actions/solutions.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 4, 2011
Town of Zebulon, NC Page 17
Materials Management
• The number of facilities storing hazardous materials.
• The frequency of inspection and maintenance visits to storage facilities.
• The number of personnel trained in hazardous material handling and
storage.
• The amount of waste generated by Town operations.
• Whether or not an inventory of hazardous materials was created for each
storage facility.
Parking Lot and Street Sweeping
• Whether or not roads and parking lots were inventoried and prioritized for
sweeping.
• The number of scheduled road sweepings.
• The pounds of debris collected from street sweeping.
Storm Drain System Cleaning
• Whether or not areas with high pollutant loadings were inventoried and
prioritized for cleaning.
• The length of open channels cleaned annually.
• The number of catch basins and culverts cleaned annually.
• The amount of litter, sediment, and other pollutants removed during
cleaning.
Bulk Fueling Facility
• Number of employees trained in preventing pollution from fueling activity.
• The number of spills reported and the resultant action/solutions.
Road Salt Application and Storage
• The number of employees trained in road salt application.
• The quantity of salt applied to roadways.
• The quantity of alternative products used.
Spill Response and Prevention
• Whether or not an inventory of municipal facilities at risk for spills was
created.
• The number of leak detection devices installed at Town facilities.
• The number of preventative maintenance procedures performed on tanks,
valves pumps, pipes and other equipment.
Stormwater Management Program Report
Narrative for NPDES Phase 11 Miry 4, 2011
Town of Zebulon, NC Page 18
•
•
• Whether or not a spill response plan was developed for municipal facilities.
• The number of personnel trained in spill response.
• The number of regularly inspected high -risk facilities.
Stormwater Management Program Report
Narrative for NPDES Phase 11 May 9, 2011
Town of Zebulon, NC Page 19
STATE OF NORTH CAROLINA
is COUNTY OF WAKE
INTERLOCAL AGREEMENT
BETWEEN
THE TOWN OF ZEBULON AND WAKE COUNTY
REGARDING ADMINISTRATION OF ZEBULON
STORMWATER ORDINANCE AND EROSION AND
SEDIMENTATION CONTROL ORDINANCE
This Interlocal Agreement (the "Agreement"), entered into this the --?—day of Feb , 2010,
by and between the TOWN OF ZEBULON, NORTH CAROLINA, being a municipal co oration
and public body politic of the State of North Carolina (hereinafter "Zebulon") and WAKE
COUNTY, NORTH CAROLINA, a public body politic and corporate of the State of North
Carolina thereinafter "Wake"); collectively referred to herein as "the Parties",
WITNESSETH:
WHEREAS, the County in collaboration with its municipalities often forms citizen
task forces to study and make recommendations on critical issues; and
WHEREAS, on February: 1 7,2006 -the -County.; and its. municipalities convened. such
a task.force;to.stuply and make, recommendation s:,on:stormwater.management, and
• WHEREAS, on. November s1,9, ::2007 the, task force :presented to the county
Commissioners its-recommendations.including a five year implementation plan; and
WHEREAS, the County Commissioners appropriated funds to. implement .the plan's
first -year recommendations and directed staff to work with interested municipalities to
pursue implementation; and
WHEREAS. .'.a key recommendation indicated that municipalities without stormwater
ordinances. should; (1): draft and adopt a .common stormwater ordinance .and (2)
consider an interlocal agreement for the County to administer the ordinance; and,
WHEREAS, Zebulon has worked :with neighboring municipalities, diverse business
and citizen interests; County staff, State regulators, and others. to draft a stormwater
ordinance 'to be County administered within Zebulon's corporate limits and
extraterritorial jurisdiction; and
WHEREAS, the County and Zebulon recognize benefits to this agreement including
establishing across jurisdictions greater consistency in requirements and review
procedures for :managing. ,stormwater impacts. including flooding, sedimentation and
erosion control, water. pollution; and degradation of -aquatic habitat; and,
• - WHEREAS, the County has .long-. administered -for . Zebulon - an , erosion and
sedimentation control ordinance without -benefit of. a formal interlocai agreement and
Page 1.of 6
both parties desire that this agreement incorporate administration of erosion and
sedimentation control and stormwater ordinances into one document; and,
WHEREAS, both parties believe that the County should continue to administer in
Zebulon's jurisdiction the current erosion and sedimentation control ordinance that is the
same as that administered in the County's jurisdiction; and that the County should
administer in Zebulon's jurisdiction the current stormwater ordinance that is similar to
that administered in the County's jurisdiction; and that consistency of the Zebulon and
County ordinances is fundamental to the County's ability to administer the ordinances
with.efficiency and practicality; and,
WHEREAS, the parties pursuant to the authority of Chapter 16OA-461 et seq. of the
North Carolina General Statutes are authorized to enter into this interlocai agreement
in order to pursue the above stated goals.
NOW THEREFORE, for and in consideration of the premises and covenants
contained in the Agreement and the mutual benefits derived therefrom, the sufficiency
of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I
Purpose, Roles, & Responsibilities
1.01. Purpose. This Agreement shall define the terms under which the County
shall administer and enforce the Zebulon stormwater management ordinance and the
Zebulon erosion and sedimentation control ordinance.
1.02. Roles and Responsibilities of the Parties:
(A) No later than ninety (90) days from the "Effective Date " of
this Agreement (See Section 3.08), the County shall:
1. Provide personnel, equipment, space, and resources needed to
administer the Ordinances.
2. Administer the Ordinances, including establishing and assigning
all duties of County employees necessary to administer the
Ordinances, and do so in a way that assures a common level of
service for Zebulon and County.
3_ Collect development and administrative fees from developers
applying for stormwater management or erosion and
sedimentation control approval within Zebulon's jurisdiction.
Such fees shall be assessed in accordance with the then
current fee schedule adopted by the Wake County Board of
Commissioners and shall be retained by the County to pay for
the costs of personnel, equipment, space, and resources
needed to administer the Ordinances.
4. Assess and collect in their discretion any civil penalties
+ authorized by the Zebulon Ordinances. Any penalties collected
shall be retained by Wake County.
Page 2 of 6
. 5. Communicate regularly with Zebulon to foster efficient and
effective administrative processes.
6. Determine if Zebulon's ordinances meet the requirements set
forth in (B)1 hereunder for the purpose of Wake's continued
administration and enforcement of Zebulon's Ordinances under
the terms of this Agreement,
(B) Zebulon shall:
1. Enact and abide by an Erosion and Sedimentation Control
Ordinance identical in content and form to the Wake County
Erosion and Sedimentation Control Ordinance in its current form
and as it may be amended from time to time; and enact and
abide by a Stormwater Management Ordinance similar in
content and form to the Wake County Stormwater Management
Ordinance in its current form and as it may be amended from
time to time.
2. Abide by and perform any functions that may be required by the
Stormwater Management Ordinance and Sedimentation and
Erosion Control Ordinances as adopted except as otherwise
delegated in this Agreement. Specifically, Zebulon shall be
responsible for administering the variance procedure dictated by
the Ordinances including granting or denying petitions
O thereunder; and administering the appeal procedure through
their Appeal Board, including deciding any appeals thereunder.'
3. Consider in accordance with legal process any future
amendments necessary to keep the Ordinances up to :date.
Zebulon is required to notify Wake's Stormwater Ordinance
Administrator (Mr. Britt Stoddardhis successor or assign ) in
writing of any proposed or approved amendments to the Erosion
and Sedimentation Control Ordinance and/or the Stormwater
Management Ordinance as soon as practicable but in no event
later than ten (10) business days from the date such item
appears on the Commissioner's agenda.
4. Communicate regularly with the County to foster. efficient and
effective administrative processes.
5. Nothing herein regarding the creation of same or similar
ordinances shall be construed to divest Zebulon of the
discretion and powers of its goveming bodies; rather this
Interlocal Agreement defines the terms under which Wake's
administration and enforcement of Zebulon's Ordinances shall
be practical and efficient.
•
Page 3 of 6
ARTICLE II
0 Term
2.01. The term of this Agreement shall be for a period of ten (10) fiscal years.
The first year hereunder shall commence on the date of the execution of
this Agreement and shall run through the end of the then current fiscal
year, with successive years hereunder to begin July 1 and end June 30.
The agreement will terminate on June 30, 2019 unless renewed by the
parties as set forth herein.
2.02. The parties may renew this Agreement for successive periods of ten (10)
years by the written consent of both parties executed with the same
formality herein.
2.03. Appropriations for the purposes established herein shall be established
through the normal budget and appropriations processes of the COUNTY.
Failure of the governing body to adopt the budget. ordinance or any capital
project funding related to provision of services hereunder prior to the
commencement of a new fiscal .year shall result in termination of this
agreement effective for the next fiscal year with no requirement of
compliance with the notice provisions of Section 2.04.
2.04. In the event that either party in its sole discretion determines. that the
Zebulon Ordinances no longer conform with Section 1.02 (B)1, herein, and
either party determines that as a result, administration and enforcement of
• the Zebulon Ordinances is no longer feasible, then either party may
terminate this Agreement within ninety (90) days by giving notice as
prescribed by Section 2.05 hereunder, notwithstanding that the shorter
time provision shall apply. At the execution of this Agreement, the parties
agree that the Zebulon ordinances as written conform with Section 1.02
(13)(1). This section shall apply to changes or amendment to the
ordinance(s) made after the execution of this Agreement which either
party may deem non -conforming.
2.05. The County and Zebulon shall each have the right to withdraw from this
Agreement for any reason upon giving two hundred forty (240) days'
notice to the other party in writing and delivered to the other party as
follows:
For the County: Mr. Britt Stoddard
Community Services
336 Fayetteville Street
Raleigh, N.C. 27602
For Zebulon: Mrs. Lisa Markland
1003 N. Arendell Avenue
S Zebulon, North Carolina 27597
Page 4 of 6
The roles and responsibilities of each party shall terminate 240 days after
notice is given by withdrawing party in accordance with this Agreement
unless otherwise agreed by the written consent of the parties executed
with the same formality as the foregoing document,
ARTICLE III
Miscellaneous
3.01. Governing Law: The Parties agree that North Carolina law shall govern
this Agreement,
3.02. Severability: If any provision of this Agreement shall be determined to be
unenforceable by a court of competent jurisdiction, such determination will not affect
any other provision of this Agreement.
3.03. Entire Agreement, Amendments: This Agreement constitutes the entire
Agreement between the Parties. This Agreement shall not be modified or amended
except in a writing signed by all the Parties and executed with the same formality as the
foregoing document.
3.04. Liability of Officers and Agents: No officer, agent or employee of any
Party shall be subject to any personal liability by reason of the execution of this
Agreement or any other documents related to the transactions contemplated hereby.
Such officers, agents, or employees shall be deemed to execute this Agreement in their
official capacities only, and not in their individual capacities. This section shall not
relieve any such officer, agent or employee from the performance of any official duty
provided by law.
3.05. Counterparts: This Agreement may be executed in several counterparts,
each of which shall be an original. Alternatively, each Party may execute an original of
this Agreement and all individually executed originals shall constitute a single Interlocal
Agreement.
3.06. Assignment: No Party shall sell, transfer, assign, or subcontract
any interest in or obligation under this Agreement without the prior written consent of all
of the Parties.
3.07. No Creation of Agency: County and Zebulon agree that nothing herein
shall be construed to create an agency relationship between the County and Zebulon or
to mandate purchase of insurance by the County pursuant to N.C.G.S. 153A-435, or to
waive the County's defense of governmental immunity from any cause of action alleged
or brought against the County for any reason if otherwise available as a matter of law.
3.08. Effective Date of Agreement: The effective date of this Agreement shall
be the date upon which the Wake County Manager executes this agreement and the
Page 5 of 6
® Wake County Clerk attests to such execution. This date shall be reflected in the first
paragraph of this Interlocal Agreement.
L'I
•
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed in their corporate names by their duly authorized officers, all as of the date
first above written.
TOWN OF ZEBULON, NORTH
This instrument is approved as to form and
CAROLINA
legal ci cy.
Town Attorney
By:
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,tik1t1
N
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P
ATTEST: [SEALI S
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Lisa M. Markland, Town Clerk A
„0<<`
WAKE COUNTY, NORTH CAROLINA
This instrument is approved as to form and
legal sufficiency.
By:
David ooke, County Manager
County. Attorney
or
ATTEST:
s
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M
M
punt Cl
om
Page 6 of 6
0 0 0
Appendix B: BMPs, and Measureable Goals
1. Public Education and Outreach on Stormwater Impacts BMP Summary Table
BMP
I Measurable Goals
1 Year "
1 Year 2
1 Year 3 1 Year 4
1 Year 5
1 Responsible Party
A. Develop an Annual
Prepare a public education plan in the first 12 months of the permit.
Chris D. Ray
Education Plan _
Include in the plan the BMPs being used, education schedule, targeted
•
.
•
•
•
Public Works Director
audiences by each BMP and the measurable goals of each BMP.
Summarize plan and implementation progress in each annual report.
B. Informational Website
Develop and maintain a stormwater information page for the existing
Chits D. Ray
internet Website. Post brochures and provide information on water quality,
Public Works Director
stormwater pollutants and ways to minimize them, municipal projects and
•
•
•
•
activities. Also provide contacts for illicit discharge reporting and
questions,
C. Article in Newsletter
Include an article in periodic newsletter detailing tips on how citizens can
•
I
•
•
•
Chris D. Ray
help improve water quality in and around their neighborhoods.
Public Works Director
D. Eastern Wake TV
Use information from the NCDENR Stormwater and Runoff Pollution Tool
Chris D. Ray
Advertising Campaign
Kit to develop advertisements to place on Eastern Wake 1V along with
I
Public Works Director
other municipal advertisements. This advertising campaign will focus on
•
•
•
•
•
how the individual can be an effective steward of the environment. Target
message about the importance of clean water and how stormwater gets
dirty. Give tips on reducing pollution.
Chris D. Ray
E. Distribution of Pollution
Place brochures at government facilities for citizens to take which will give
Prevention Brochures
them information on how to properly dispose of household hazardous
Public Works Director
waste and provide information on public reporting of illicit discharges and
awareness of nutrient and fecal coliform issues. Use brochure templates
•
•
•
•
•
provided by NC Cooperative Extension, the NCDENR Stormwater and
Runoff Pollution Tool Kit, and the Clean Water Education Partnership
Website.
F. Festivals
Establish a stormwater information booth at town -sponsored festivals
Chris D. Ray
which will consist of a display showing tips for improving stormwater
Public Works Director
quality on the household and personal citizen level. Provide messages an
0
•
•
•
•
the importance of clean water and on specific activities that can be carried
out to help keep stormwater clean.
G. Fliers included with
Print fliers with information from the NCDENR Stormwater and Runoff
Chris D. Ray
Billing
Pollution Tool Kit and place them in regular utility billing statements at
I
•
I
•
•
I
•
Public Works Director
least once per year. Fliers will target specific pollutants.
H. Presentations for
Hold presentations annually beginning in year three of the permit at area
Chris D. Ray
Schools
schools. Develop age -specific educational information on ways the public
(
• (
•
•
Public Works Director
can work to enhance water quality.
I. Clean Water Education
Zebulon will join CWEP in order to benefit from their supply of education
Chris D. Ray
Partnership (CWEP)
materials and to collect ideas that will lead to a more efficient plan for
•
•
•
•
Public Works Director
Memberst.
improving water quality in the jurisdiction.
•
Appendix B: BMPs and Measureable Goals
2. Public Involvement and Participation BMP Summary Table
BMP
I Measurable Goals
I Year f
I Year 2
1 Year 3
1 Year 4
1 Year 5
1 Responsible Party
A. Storm Drain Stenciling I
Stencil 10% of the Town's storm draing annually based on total number of
Chris D. Ray
mapped drains within the Town's MS4,
Public Works Director
B. Communications
Set up 'hotline" via email in year 2 for reporting stormwater issues such as
Chris D. Ray
"Hotline"
illicit discharges. Manage a database of calls received on "hotline" including
Public Works Director
date, time, person calling, contact information, disposition of the call and
0
•
•
•
action taken. Report annually on the number of calls received, topics
covered, a summary of the disposition of the calls and action taken.
C. Set up an Ongoing
Set up volunteer group in Year 1. Have quarterly meeting for the fast year or
Chris D. Ray
Stormwater Volunteer
until such time that the schedule can be reduced to biannual for the
Public Works Director
Group
remainder of the permit period. Prepare minutes of meeting. agenda and
•
.
•
•
attendees list. Focus group on targeted pollution programs of concern and
direct them on how to gather volunteers for storm drain stenciling initiatives.
Report annually on the number of meetings held and the subjects covered.
• • •
Appendix B: BMPs and Measureable Goals
3. Illicit Discharge Detection and Elimination BMP Summary Table
BMP
I Measurable Goals
I Year I
I Year 2
I Year 3
i Year 4
1 Year 5 1 Responsible Party
A. Legal Autharfty
(Collaborate with Wake County to develop ordinancelamen d existing
Britt Stoddard
ordinance to include illicit detection, right of entry, prohibition of certain
Wake County Stormwater
discharges, enforcement actions and penalties for dumping, spills and
Administrator or designee
Wilful illicit connections.
Chris Ray
Town of Zebulon PWD
B. Stormwater
Mapping of the Town's MS4 to be completed by June 30, 2011. and it will
Chris D. Ray
Infrastructure Inventory
be updated as system changes. The map will note outfalls and receiving
•
Town of Zebulon PWD
and Mapping
body of water for each outfall. Report annually on any new infrastructure
added to the system and mapped.
C. Database Tracking
Develop a database tracking system for tracking citizen complaints and
Britt Stoddard
System
requests received on Town's "hotline". All complaints will be logged
Wake County Stormwater
including information on follow up and geographical location of illegal
A
0
•
0
Administrator or designee
discharge or spill. Based on illicit discharge locations, trending of
occurrences to identify areas of specific concern will be conducted.
Chris Ray
Town of Zebulon PWD
D. inspection of Outfalls
A goal of 10% of the outfalls in the Town's MS4 will be visually inspected
Chris D. Ray
during dry Conditions to look for illicit flows and sources of pollution. A
Town of Zebulon PWD
database will be created for the purpose of recording the discharges found
i
•
•
0
•
and the follow-up methods performed to correct them. Report annually on
number of ill€cit connections found and the actions taken.
Town staff will he cross -trained to recognize and report illegal discharges.
E. inspection Training
Chris D. Ray
Program
In addition to Public Worsts Staff, code enforcement officers, construction
;♦
Town of Zebulon PWD
inspectors and public safety personnel will be trained.
F. On -Site Wastewater
Town will keep a summary report of all on -site wastewater disposal
Chris D. Ray
Disposal Systems
systems found to be improperly functioning and the actions that were taken
Town of Zebuton PWD
to correct the problems. No new on -site wastewater systems will be
permitted within municipal sewer service area.
0 0 0
Appendix B: BMPs and Measureable Goals
4. Construction Site Stormwater Runoff Control BMP Summary Table
BMP
I Measurable Goals
I Year 1
I Year 2
1 Year 3
1 Year 4 1 Year 5
1 Responsible Party
A.
Enforcement of Wake
(Coordinate local complaints and building permits wi!h the Wake County
'
Britt Stoddard
County's Erosion and
Erosion and Sedimentation Control Program staff.
Wake County Stormwater
Sedimentation Control
Administrator designee
Program
Chris dray
Town of Zebulon PWb
0 0 0
Appendix B: BMPs and Measureable Goals
5. Post -Construction Stormwater Management in New Development and Redevelopment BMP Summary Table
BMP
I Measurable Goals
I Year 1
1 Year 2
1 Year 3
1 Year a!
Year 5
1 Responsible Party
A. Legal Authority
Review/amend existing stormwater ordinances for new development as
Britt Stoddard
needed to comply with NPDES Phase It requirements.
Wake County Stormwater
Administrator or designee
Chris Ray
Town of Zebuion PWD
B. Plan Review
Send site plans for all new development with disturbed area greater than
Britt Stoddard
20,000 square feet to Wake County for review. Ail site plans will be
Wake County Stormwater
reviewed to ensure compliance with watershed water supply protection
0
9
0
•
9
Administrator or designee
regulations, NPDES Phase II requirements as applicable. All water quality
and quantity BMP designs will be reviewed to ensure they are effective.
C. BMP Documentation
County will coordinate with Post Construction Runoff Control Program.
Britt Stoddard
and Performance Bonds
County will not close out any projects until post -construction measures are
.
Wake County Slormwater
in and financial sureties for maintenance, deed restrictions, etc. are
Administrator or designee
addressed,
D. Inspection Program
County will inspect all construction sites greater than 20,000 square feet of
Britt Stoddard
disturbed area and verity that the BMPs for water quality and quantity
9
Wake County Stormwater
control on the approved plan are property installed and function as
Administrator or designee
designed.
E. Database Tracking
County will track each project by spreadsheet. Data tracked includes
Britt Stoddard
System
project area, nitrogen loading and BMPs utilized, etc.
,
Wake County Stormwater
Administrator or designee
F. BMP Inspections
County will conduct annual inspection of all Stormwater BMPs (or obtain a
Britt Stoddard
certified inspection report from a licensed professional) for water quality
*
Wake County Stormwater
and quantity control on the approved plan are properly installed and
Administrator or designee
function as designed.
G. Town Projects
County will inspect ail Town projects upon request to ensure compliance
Britt Stoddard
with stormwater regulations.
Wake County Stormwater
Administrator or designee
H. Standard Specifications
Revfselamend standard specifications for stormwater BMPs as needed.
Britt Stoddard
for BMPs
Wake County Stormwater
Administrator or designee
0 0 0
Appendix B: BMPs and Measureable Goals
6. Pollution Prevention/Good Housekeeping for Municipal Operations BMP Summary Table
BMP
I Measurable Goals
i Year 1
1 Year 2
1 Year 3
1 Year 4
1 Year 5
i Responsible Party
A. Inventory and inspectionComplete
an annual inventory of all Town -owned sites which have the
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Chris D. Ray
of Town -Owned
potential to be a stormwater impact. Complete a general inspection for
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Pub4c Works Director
Facilities
each site detailing what actions might need to be taken in order to mediate
stormwater impacts.
B. Train Staff
Educate all employees on clean water issues and on workplace
Chris D. Ray
responsibilities to reduce or eliminate pollutants from stormwater. Maintain
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Public Works Director
program annually and report on number of employees trained and the
topics covered.
C. Inspect Vehicle Washing
Annually inspect vehicle washing and fueling operations to ensure that they
Chris D. Ray
and Fueling Operations
are in good working order and that they minimize exposure of stormwater
Public Works Director
to chemicals, fuels and other pollutants. Document findings and actions
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taken to address any problems identified. Report on findings in annual
permit report.
D. Inspect Materials
Inspect materials storage facilities and establish priorities for addressing
Chris D. Ray
Storage Areas
issues identified annually. Address corrective activity within 24 months of
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Public Works Director
inspection. Report on number and type of sites inspected and actions
taken in each annual report.
E. Inspect Salt Storage
Inspect salt storage facility and application equipment annually to identify
Chris D. Ray
Facility and Evaluate
and eliminate exposure to stormwater andlor ineffective/inappropriate
Public Works Director
Snaw/tce Management
application. In year 3, evaluate current snow and ice management program
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Program
and ensure that effective measures are in place to minimize contamination.
Identify problems and address when found. Report annually on inspections
and resulting actions.
F. Evaluate Spill Response
Evaluate current spill response practices and determine if adjustments are
Chris D. Ray
needed to reduce the risk of polluting bodies of water (streams, ponds and
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Public Works Director
lakes). Implement recommended changes in year 5 and report on findings
and strategies in annual re oris.
G. Evaluate Potential for a
Evaluate the potential for a recycling program which would collect
Chris D. Ray
Household Hazardous
hazardous household wastes including oil and cleaning supplies from
Public Works Director
Waste Recycling
citizens in the jurisdiction, Implement the new program in Year 5. Report
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•
Program
annually on the program, including amount recycled and adjustments
made as needed.
H. Maintain Hazardous
Maintain inventory of hazardous chemicals and other potentially hazardous
Chris D. Ray
Chemical Inventory
materials and ensure that limited but sufficient quantity of items are on
Public Works Director
hand to minimize risk of spill or contaminations of stormwater. Conduct
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research on altemative products that could be used by Town to reduce
risk of surface water contamination. Document findings and actions taken
in annual report.
I. Street Sweeping
Maintain a record of streets that have been cleaned and the approximate
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Chris D. Ray
amount of debris collected during sweeping activities.
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Public Works Director
J. Inspection and Cleaning
Inspect and/or clean 10% of stormwater Infrastructure annually to include
Chris D. Ray
catch basins, junction boxes, and collection system piping. Condition of
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Public Works Director
devices will be recorded.
j
INTtRLOCAL AGREEMENT
LXTTLE RIVER RESERVOIR WATER SUPPLY WATERSHED PROTECTION
This INTERLOCAL AGREEMENT is dated thcl. day of P&p," , 2008, and is among
the City of RALEIGH ("Raleigh"), and Towns of ROLESVILLE ("Rolesville'l, WAKE
FOREST ("'Wake Forest"), WENOELL ("Wendell"), and ZEBULON ("Zebulon") all of the
above being municipal corporations and public bodies politic of the State of North Carolina
(herein sometimes collectively referred to as the Municipal Parties); and WAKE COUNTY (the
"County"), a body politic and a political subdivision of the State of North Carolina.
WITNESS T
WHEREAS, the County of Wake, the City of Raleigh and the Towns of Rolesville, Wake
Forest, Wendell, and Zebulon have determined that it is in their best interests to mutually agree
upon the limits of Urban Services Areas in the vicinity of the future Little River Reservoir, to
protect surface water supplies by controlling development density and to control urban -style
development in environmentally sensitive areas i.a order to protect the health, safety and general
welfare of the public pursuant to the provisions of North Carolina General Statutes Section 143-
214.5, 153A•121 and 160A-174; and
WHEREAS, these parties do Hereby cuter into an interlocai agreement pursuant to the
provisions of North Carolina General Statute Sections 160A-461, 160A-464, 153A-121, 160A-
174 and 143-214.5 to establish an urban growth boundary for the purpose of protecting surface
water supplies by controlling deveiopment density and for controlling urban -style development
in environmentally sensitive areas in order to protect the health, safety and general welfare of the
public; and
WHEREAS, the agreement on the limits of the Urban Services Area boundary will either
reaffirm or modify the Urban Services Area designation, which were created in partnership with
all the jurisdictions, and are defined by the official Wake County Land Use Plan: General
Classifications Map Attachment A, originally adopted on July 21, 1997 and most recently
amended on July 24, 2008; and
0
• WHEREAS, this Agreement is entered into by all parties for the purpose of implementing
•
consistent water quality protection measures within the Little River Reservoir Water Supply
Watershed so that it may permanently serve the water supply needs of die City of Raleigh Water
System and all of its customers: and
WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes,
Article 20, Pvt l of Chapter 160A;
NOW THEREFORE, in consideration of the mutual goals and promises contained herein,
and the mutual benefits to result there from, the parties agree as follows:
1. WATER QUALITY: The parties recognize the current water quality designation and
high degree of water quality that exists in the Little River and all of its tributaries at the
proposed dam and reservoir location, which is immediately upstream of the US 64/ 264
bridge in eastern Wake County. The parties agree that each, jurisdiction shall implement
the measures and methods described herein to protect and maintain the current high water
quality in the Little River.
2. ZONING WITHIN ITIE LITTLE RdVER WATER SUPPLY WATERSHED: The
parties agree to limit development in the water supply watershed area to residential
development, with the exception of non-residential development in a Non-urbwi Activity
Center as designated on the Wake County Land Use Plan. The procedure for approving
such uses snail follow the procedure of the approving jurisdiction. For instance:, Wake
County allows such development through the issuance of a Special Use Permit by the
Board of Adjustment.
3. DENSITY OF DEVELOPMENT IN WATERSHED: The parties agree to maintain
densities within the Little River water supply watershed as shown on the Attachment B
map. Tide parties agree to maintain a maximum of one (1) dwelIing unit per two (2) acres
in the critical area of the Little River water supply watershed, and to maintain densities of
one (1) dwelling unit per one (1) acre in the non -critical area.
2
•
•
4. STORMWA.TER: The parties agree to maintain current standards on impervious surfaces
for both residential and non-residential uses within the water supply watershed.
5. BUFFERS: Stream, buffer protection is recognized as an important component of
watershed management. The parties agree to 100-foot wide stream buffers in the Little
River water supply watershed, and adding all tributaries in the reservoir to the County`s
open spsce acquisition corridor priority list.
6. FLOODPLAIN REGULATIONS: The parties agree to not allow development in the 100-
year floodplain of the Little River water supply watershed; however, to the extent
possible under current state and federal regulations, this prohibition will not exclude
development of Greenways and public parks.
7. WATER/SEWER ACCESS 1N WATERSHED AREA, The parties agree to not allow
extension of water and/or sewer lines in both the critical and non -critical areas of the
water supply watershed., except as necessary to protect the public health and safety, and
for existing developed properties only. The need to protect the public health and safety in
the preceding sentence shall be a determination of the Wake County Environmental
Services Director and his decision may be reviewed pursuant to the Wake County
Enviroiunental Services Rules of Appeal. In addition to the other circwnstfuices when an
extension of water and/or sewer lines may be allowed to existing developed properties in
the water supply watershed, the parties agree that an extension of water and/or sewer
lines for existing developed properties may be allowed by the' Raleigh Public Utilities
when the N. C. Department of Environment and Natural Resources requests the extension
due to environmental contamination of the water and/or sewer service. Consent from all
parties to the interlocal agreement is required prior to the extension of water or sewer
lines.
B. ANNEXATION: The parties agree to not allow annexation in both critical and con -
critical areas of the water supply watershed after the Urban Services Area is established.
3
s
If a non- urban area is adjusted such that it is no longer a part of the Little River water
supply watershed, the area will be eligible for transfer to the appropriate municipality.
9. STREAMLINE RESTORATION: Parties to the interlocal agreement shall work with the
Raleigh to acquire access easements for stream restoration and wetlands mitigation.
10. RESERVOIR USES: The parties agree to adopt recreational use conditions for the Little
River Reservoir. These conditions are as follows; however, further conditions may be
imposed subsequently by the parties to this agreement, by amendment to this agreement;
a. Fishing shall be permitted only from a boat furnished or authorized by the proper
authority or from a pier erected for that purpose;
b. Bank fishing is prohibited;
c. No private boat of any type shall be allowed upon the reservoir at any time;
d. No gasoline or other petroleum -powered motors are permitted upon the reservoir;
e. No more than sixty (60) boats shall be permitted at any time upon the surface of
the reservoir;
f. Swimming is prohibited.
11. FUTIJRE REQUIREMENTS - The parties will work together to implement fnther, more
stringent requirements, if such are found to be necessary or appropriate in order to
provide additional water quality protection or to achieve regulatory permitting for
construction of the Little River Reservoir. This Agreement may be amended by written
agreement consented to by all parties.
This Agreement shall become effective on trr"4rr? 95_ , 2008, and shall remain
effective until a legal termination occurs or 50 years, whichever comes first.
IN WITNESS WHEREOF, The Boards of the respective Parties have approved this
agreement and have caused it to be signed by the Chairman or Mayor of each Board and
attested to by the Clerk of that Board, the year and day first written above.
4
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COUNTY
By:
Joe
CITY
By: �J� ' 'y — -
Charles u.-meelcer,maybf
TOWN OF ROLESVILLE
By:
Frank Eagles, Mayor
TOW T OF WAKE FOREST
By:
Vivian A. Jones or
TO L
By:
J. Harold Broadwell, Mayor
TOWN OF
LN
Robert S. Matheny,
5
ATTEST:
Clerk
ATTEST:
Clerk
SVIL
CiAf2, -,
13-114
0
LUSV
A
Eastern Wake County
General Classification
Little River Watershed Area
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•
Stormwater Im act Evaluation of Municipally Owned Property
Name el Muntdpalfpr. Town of Zmbaaon
Lot It]
Property Name
Site Use
Stormwater
Stormwater BMPa
Industrial
Potential Stormwater Pollution Source
Potential Training/Public Education Opportunity
Potential Action items
and �Addreaa
Conveyances On•Slte
on Site
F.x sure'
Vaant puduaaad with
- Not Y bang reed
• Shed claw
. NOW
None
- Nana
None
t 2.612.18 35
FEMA ftndrq
No Uvabk shclowas allowed o be bulls them
WA
'
Rlverade Or and
- Only bsah hopped omadordN
t
Riw%44w Dr.
_
Old Water Tani Site. Now
Nd 0a,"K ' berg used
- Sheet Bow
. Nana
- Ovw sPplkatkn of lertpizar by ^dgbbofing homeowner
—
EmrwtS adscrd homeavnaa ebaha Pwope farlBze appiain
• ProAda hlwmstfun b Iwarnheawrrnvra about prCPer fertilizer aPP9wtscrh end herding
3
"Sant lot
Sal►
Clippingshnm mowing operations
Train staff on proleshanding at ddppinps hem mewing oparsUons
- Coiled dfppinla trm mowing operations end dispose or them at to yard wane fsdrty
1I1 E. Horton, St
_.._
Oisplaym wsignp troll ou ti" wratar quaky improvement Bps'-- - --. — .. ---
..
_
community nrresson and events
- Stormwater pipes wth drop Wats
• Grassed males
- Over mouton of farf itzr on beads9 OMds
- Placesgns nest rash nary abort impels roused byunnanaged trash ----��
W 06-9 TraU
and cdoh basis
• Bare earl n in park which cold Isad to aroabon
Tran slaff on collecting dionga. defy mowSng opormbors
- Piece Special Pre waste dspwal cans In open areas where pets may be worked
PLM orrd
• Grassed awalms
- Trash hum war Rooky beak Cam if id fall off
- Train staff on proper fertilizer app8gdon end harhdinp
Place extra bap at each trash can for peopl W giro trash IA when tha can to cornm f W
Boabli Bald*
- Sheet now
• Possible fertilizer spIN In parking hd
. Train stall to properly swaW parting Iota and reads
- Setup a schedule for remeotng trash from the asm and Grounds of the park
• Siloam nsnky Vwoagh park
- Sed lm; ent coo ulmtlon in parking lot
- Educate public m properly odlodkV and dsposkg at pat waste
• Regularly sweep Da'kkg lot and roads
4
Community Park
NIA
• Open mega for pat walking which CdAd lead is fecal 00100Mh
- Train staff to mice areas where erosion mule do"
• MonNy f*Mllsor sppicalson
401 S• ArardMl Ave
pollution
- Ed —to public on to impem to water gwllty due to improperly handed trash
- Plow gravel w-dar the outlets of all yard hydrants
• Yard hydrants w4VqulgrevM below artatooWd lead 10 rwton
• Colect dipping' tom maWq opOredona end depose of Clam lithe yard waste faciity
'
- Bare straoa banks awing erosion
• Reseed bare ran In open spawn
-
- Cllpprv* from mawig operations
• Reatwo Sesrn to radvoo erosion
.
None' -- - ---'-
' --
. Sal up s adhedr/s ror somovkg trash from to cans snd grorreids of re park
'-W
Vttent hot SUsdl W for
- tint omw* bakq used but h iCh*OJed fr
Shoat Row
PafalbSS mrosln diva b comSsctlm adlwitp
- Tra41 *ball 10 notice moves where erosion clad occur -- -
- Put In pace roslpl correW drukii conetrucoon adllvillss ---
peed development as cut
comVucthn to form a afdremc
5
dsaao
WA
,
320 E Barbee Sl
4
-"----
Fo mr Tom Hall
• Currently not balrg used and Is up fro "Is
pavedeve as W toutrg
- Nona
...
. Sediment sornuiabon In perking tot
a
- Train staff to property sweep diary nto brAkrvg
lW
- Regut"swasWidI a alsynwhd to brg
b
1 W N. Ararda6 Aw
Oltlalll
- Sheet Row
NIA
_
- CpnrrAM* Rrteeln and want
- Crowed swalas
Creamed sweles
• awe oath which could load to rwbn
• Train staff m collectkq t$ppkW during moNi g operalklm
- Peace signs roar Vash Gem abrA Impom caused by urrnenaged rash __--_-
-
Tom Cemetery
- Sher flaw
- Cllppkga from rrrowkV oporollonu
- Train staff on proper applulon and hardikg of fort her
• Waco speidel potwomis 44pwal cons In open areas where pals may be walked
- Stormwatr pip" wih drop inlet
- Over apploodon or fetltzr
- Tram elaff to notke moan where erosion could occur
- Plow *Me bap at each trash can for people to place trash In when Va con b6nomas 1Wi
it
Gil Street Prtt end
onWage
and wiCh bnW
M Imreasr n roads red parkhp lag ddsk^g fartlbkg
properly
Educak public on and dfspo*v of pat vasts,p
" Sol u s adladila for tom ovinp trash from the Cars and gtooffi a of Cm park
7
zebWon cemstery
NtA
KMMS
Educate puck m paaa b wMilar qW Sty duN 10 Improperly hor101sd trait
sso� red rolled
N. Pdvork
. Trash ham mar fb'wwt trash cons d ad MR off
- Train staff bprop" sweep parking Iota sod roads
Modlor ffsrSllQuisidy
�s
- Pstwsste from open areas whore psis may be Walked
" Coiled dlppinps from mowing op"b" and dispose of Bhrn aloe yardwaste facility
-
- Sediment accumulation In the parkg lots and on the roads
- Resosd bra areas In grassed open spacer
Canmuxtiy r*caadan and events
Grassed swam
- Graefed *wstq
- Bare spots In the gren in the pars
• Train staff on collecting d4)p1n2a during mcwUM openttoM
• Place 4Wm near trash cars eboull Impacts onsmad by uaman*ged troth
Shed flow
- Eroded ditches wrrytrg wslor tragh the park
- Trainatoff on proper frfter appl tlon and amounts IncWng Not spikng In perking
- Raw 4pr3of put waaw disposal cane In open woes wrens pets maybe walked
- Over applfcatim of frswzr
lot
- Place a &* big d each trash ran for people to doom trash In when Uhs rant becomn MI
Splaape or 4etilzw on the pwkkV lob, aide walks, driveways
. Tran staff to property sweep parfdrg Wes and roads
- Sat up a sdheaim for ramcvrg trashgrounds from the cans and of the park
9,16,21,72,27
Way _
Nu
toldtonrft aowb
" Eduts prrbik on property cotkdtry and dhft paa of pal waste
" Regularly Swamp patdni Id and roads
N. laid 5t
Y
• OIA*W ham mowing operations
- Train stall to notice areas where erosion could omr
- Mont" fatiHzsr applk+dkn
. Pat wrasta from areas where pap may be waited
- Eduwto pubic on the Impacts to wand quail• due to Improperly handed rash
- Cdld cipplrgs km mowig operations end dsposs of then at the yard waste fealty
•
- Trash from ovsnBowlrg trash cos 0IH MB off
Rased bare ran in open spans
- Sadknent eccaan Inn prldrg iotm s and dIMrvsya
wmdat
.� �-
- -
•
--'-�-
---•---"-- •'--•
. Town hall red Town aoundl demben
• Sbnnwalr ptpinp wrlth drop
• Grassed Pwels3 ---
- -----' -
- C fppkW tom mtswrkg Operadrs
- Educate puNlo on wale quaity Improvement lips In the lobby
Place broom= for to public to take n watm! grotty improvemar3 spa In the lobby
• poem Striate
idyls and wit+ bola
• over apoksti ni of feMkm
Train start m proper application and handle of frlBiW
Rogu" mrow ps," lots and ddvowvsys
a►
• ORIcespace for Tom m mooWys
- Crested awales
- sebum Watlon of sediment In the patdng for
- Train staff on she proper ha ndlIV of cilpplrgs from mowing operations
• Monitor appiatlwn of fortber
2sbn lon Mrnidpal
• Shad Plow
3 a of fartzzr In die W and on the drive w and
- pUp parld� qa
• Train police staff on w to wash care whin
aye carservilg wtgr guNly
-Cavan storm drrim b Ixavra radaknad watt from Irdgstkm eaivltlas from sntatrg deem
10
Camofex
r
WA
sldowaikw
• Train staff to property swamp pSrkug Wes and dtwewaym
- Create a Sp odw area for the wmhhv of police Vehwas tsmt wig keep the soapy walor from
1001 N. Arerdell Aw
Setiug
. Soap aril road grime tom pdks wNde w In the ststlan
• Train staff to property oowfn re ed water lrrxn Itpetlon aoivitlas
narWp Into Norm realm
,•
parking; lot
- Called dppkgs hom mowing W engons and dispose d them at the yard waste fedrhy
-�'
• Reclaimed welter used for krlpaian
^-
Amps road and wont
Not our m* being used by Town
~._ 4
Shot Raw
. Noe
None
- ECuab hommwmere on how b nnabae erosion on the toad and se m4ty the
- Mal wMh adjawml hmsoo nwn to talk wih gram obout bow W notka wcakn n Me amass nand
11,15,17
lob
AOA Mt hdRVOw r4f1 leis she 000M rand
MU
Town If they, notion try
617 Wort KAWn Rd
-----
--'
-'--
---'--
----
---'----
• Public prldn;
---'
Shad liar
• Norm
. SefhmwR amumutazon in po*JN M
Edscea Ens pn+peryownars wound the psrktnp ko about haw to Water cvnrol tidlman
- Rairul" Sweep parking bt and drwavrays
- Air cond kWrg oondsn*etlon autd Onprky lot from propety
nm ash from heir prpwW onto shpiing tot
ue
- EnooMa new property owners, ante pitpsrly 4 mold to make a flower bad where the gufar
Paved patulrp Sot corned
i;
not awned by Town
- EIXaxts tow prkkg than about about their lmlsea onxs atormwetar
dorm spout poonto liparkingeparkingsal ng
13.28
_
'
Nhk
• Guitar n directly connected to tie padding tot
• Train staff to properly Sweep panting lot wits driveways
- Provide aduced pmty tcnmotelalm to the prcowners around Via parkYg an how to better
110 W, Vance end 101
ul
cod aoftn" ten oR from theerty their proponto firm par"bt "
N. Modal Aw
• Raw an eel warier sign in the peoklrg td K*Bkky to throe puking there about UMir Imped on
.—_. -
Stormwater
-'--
- Currently not be ft used and Is. up fa sal
• Shed Row
-None ---- ----
'—
- Sediment spC,lrmudatlnn in paridmp id.
- Edccsls property owners wmu hd the rsrfdrg lot on hoar m better oonrd sm invent ten
Repplaty swap Forkkg lot and driveways -- -�
_
- Gutter directly corewcud to potdng ki
off from their properly onto to prkkV lot
- Flwcoursge new, property cwnea, grew property la sold, M make a flower bad where the gutler
Formr Corso l
.,
- Traln otaff to property wweap Parking; lot eel driveway
down spout lours wAo the parking lot
14
Chambers
MIA
- Provide educagorhd matrlYa to be pro" round Die petkN lot an how to bulr
109 E P tm kw St
oonlyd sedlimerl rem off from VWj property onto the lafkkg lot
-Nora ...•-- ---• -
..—..... - _. _
• Pboos an of weather otgn abate our gt W ty on the siG of the buldrg fadrg to ptble alleyway
-�-
• Not aorta. bobV used --�---
. Stoat liar ---
- --
- Over appgwBn of fortizar by rWghbaratg prop" avner who
. Eduate egsoonk properly owrwr abort prapw fortgt er appiation
. Prcwlde Infomuarn b a4*oen! properly away about proper frinzr sppgwyon
VooBmkt
" Ad[acesthampww oxmily mowing We
meinWrs theate
• Educate 04KOCe prop" gwrsw on pw bendtrg ofeRpp6V* from movArp
rW
• provide Inhmdhrmm to molswnt property owner about proper hondirg of dippkga from mowIg
19
213 E Sias St
-
N!A
- dlppkps from hewhg open— by propry owner who
operations
operators
mslnWn tee eta
earth on the its which mould lyd to ordlon
. Teske mteff W rtotloa areas Wtere sralon 0016Eomr
�°� bMfg wed burl l p4rrwd b be ufed
•Shoat Borer
- NO"Son
• Reseed bus in+i on 1hs alto Iuisas hplmihp wrolnwiien that roil make use of other calm
V aaM lot for hM1n farm
rr the construction of a now fire Stash
- Ef*0w from contrvcton KlIvItlo
Trek staff to property handle cgppkg a from mowsro operational
20
s4Uon
WA
-CWpkgw tom mowkg oparafl—
Called dlppinga Iom mowhv operWma
469 Pew Rd
°•
.---- -
" over frdUsticn on the het yard d the Site ` .�
Vehicle ahtanama and akireps — - -- _
. Grauad 84ralia ---
- Crowed owsMs
Tnln stmN on proper frlbw app6cmtn and he d%V
. Maw sell slodnpli doaar Is the brine mbdng etatlon In Masea the 91terggo0 W Spill In the yard
" Bulk fwkg Blazon
9hodmpw
• Chsak dams
- FuM Wpm of tie funding Statlan
- Train staff n how to properly transport end handle rot end brine Solution-
Fury cofsern abx*;dlod sand
Son skctpgino
- Slit fe ve.
- Salt spite when raumfrdng fait hoe mbckp9a to biro mbhy
- Tran staff an proper wayo to arras end dapo" of hmmrdo s meW mil
Im Wt sit long r w the Obwmhsl wWa sic the melitrienw ill
Ga wd and surd abx kpl no
"-
W M doteriUm pod
ourion
- Train staff b properly hnde dippkgi hm mawfg o" gona
Monitor 14MUw ; pplcmtn an the yard
23
Pubile Works Doprtnygri
elm mbdrp
;,,, -
Yes
Kazwdous maimAnl splits while performng v*Wdo matnWmrnw
lly Improvement Ups available tote public In
. P4tom broctume doWirg water golly
Cover Vm Neh % SWUM '
l60 E Hr1on St
Public Wow othce Spew
•-.
- Send &book which bann't oompllty, aortabred
frorsb oNke of the Put& roots ofRwm
• Regularly sweet aeklrog rot and driveway
•
- Fertzizr epamd on t s parking; lab mW aidow*lk
-c0ppkgs from mowing oPF*IcM
-- --
- CanmiMly my"---'-� •-
"----'
. TraI1 stash n the proper hwdtlr�p area tas of peatddp and other Mzaaau dwnlmle
----.
• R99Waty A w 7Sf V lot& and roads ------- -"""�
-----
- SWomwatar ptpllp with drop
- Iz fangs '--
—'--'---
-
. Fertilizer opllts 7n the parking blind niMaw.i9cs
• Rorreazm Dtprvnent ma4tanunos egWpmnt
Iritefs and Catch booth
" GMUW Swots
• Over "Mallon of twM" onft bans of tie we detention
Trani s%R an proper fsrtiww application and hrdkg
• Monitcr lertdtr tppzcszn
ZebrAn Comm 1°�'
and materials skrapo
- GranW wwlp
• WH dstetxlm begin
Pond and p» yed of the oanmur*y oerlar
• Prowess hroftwom in the community onto for pulled to take with Ups an hew to Im WoVS
• Collad d ftbVj dadng moving opratms end dispose M ASm M the yard waste facary .
C~ and Rocroadon
Shod Rat,
- Sediment som"atlon In the pahkip iris
watee auanty
Raseed bare *ace. In prewcnt erosion
24
Goperfbant Meintwwwm
MIA
- C6ppfts fmm moving openton
- Train staff to propeRyaweep poldrg k4 and roses
send rMW mainteianwdkg hull -which co, id case oation
- Trdn staff to notice arms* whwm wosAd icn oxoccia
307 S. ArdhV Ave
...—._.__
- Tre nstaff to cdMctdippingi ham mowIN oportdmm
1�
u
•
5tormwater Impact Evaluation of Municipally,Owned Pro e rty
N err» c! floral cTp digr� Town d Labulon
Prop"Name
Stormwater
Stormwater EMPs
industrial
Lot iQ
Site Use
Potential 9tcrmwater Paiiutian Source
Potential TretnlnplPuAllc Edklcatian Opportunity
Potential Action {tams
and Addre-ea
Conva ances On -site
on Site
ure•
veca nt rot wRh Saco
• Placo mtent of a smallmarnwat ~ ww
- 3har Saw
- Nome
rawer appka50n of fonxzer try Ce PrcVs*y lb c who m anrafrs
- Eduuto eye ad3acart prop" owner do the NWw apprkasan of fsroarer
• ProAds the ayecanl propaq 5+ with Inform, stop on the proper appiro"m of tbtuzsr and
rn rialll
purchased by 1M Toms+
w�`
as kit
- Eduptle Ur*adjaaor-i property owner on the proper fmandikg of clippings from rhoWC
hor-fto of cl p*vs Gan me" onras ors
pProctor St
s • Site enritenad by aaao x Wop"owner
- CYppIrC3 Tramwirg iperatlam Ify TW prowfly a,rwr who
m
opwartlons
--
_
malettolMs lM tot
-+3wasd sreale ----
. Goissad f.W
- Drainl go enerswml
- --
0+ alopfcol*n of faiNzar by adisorM praoarty a nen
Educate 84eoant prop" owner mend proper favVUw sopka=oft ant hrdrng
. P10.04 Wormaaon to a4scerd Propriyawrw sbotrt fortIm ---�-
praPa' aPP4stlon
Vacrmtia
• Sheet flow
- ClppkW from mm" openYav by a*xwt prop.rV owrr
Educate sga;ent prop" owner on piper handky of dkV f gs rrnm mowing
- Prwlde InSormstlon to scipmnt prtp"owner sbwt proper handing d dtWrVs horn mowtrq
213
202 W. Barbee St
- Stamm drairt lal d to muniClpid
wA
- am With two tip on ■le alarm Aa1e Could lead W er"ton
opovallions
Well s- .
storm aawer
Train staff W rKxee area where sm on could patty
__.
Graaaad awake
- Ban earth an an* could lead to erosion -. �-
. Train staff to nodda areas where mmlon mild ecout
• Reseed Ibra ten an the lot
vocalts lea
- Not t arrondy!wing used
• Grassed tw"
29
10e W, Laa St
- Sh" now
NIA
• Cgppings from moekq open"ons
- Train staff 10 Propody hand% clppinga from marring opwotlol-
- Goan grass Clippings hen mawlry operaton a and diposo of clam at oleo yard warts (soli y
storage for M yard waste colloadd In ZWtAW
. Leaves ON graft Clippings which mtdd be bkwn from the y`rd u
- Grassed swess .-.
Grassed aw•las . ..---
--
- Train staff on proper six fens madame- anoe -`. _T.�...
Repair damaged fist fence 'Y--..-��thOw
e wv%a of rhn year
- Shoot Flow
- Sln fen-
Wallis pus
• Train stag on ways to stark and rnruga yard wute to 40cm o ompwtt bai g bkv n
- Lyp11 sip fans where the gra%* d0voway is drslnkv from dA oleo
• Arnamid mulching of d collected yard waste
- C1Nrk dams
- Sedimrd betrg wsahad downtJ by a gytW dnkirq k0 ■ graved
horn lie pla
StWt yard waste man aghly to red" omnum baking aRecled by And and ran
• Btik Stage d eh aaep mew-7.0a4 by the
driveway
- Cileot cgppirlga tom on sits marring opantUons sna .old C-m to the ys•a waste p%
Town of Zabmrfon yard
Town of ZebJon reran Toren owmt.d f.c6ill"
30.31
Waste RecycfhV Fealty
Polka -Nds StOraga
WA
WO E Horton Si
Dempster $% rVe for large Item was& Men Town
owned l@d4m
• s1 rags lot mulch pmou,c.d from yand waste
.
.Ban qt+n aAOw� on tl� aaa i,n usto -Skit crs, 1s -i �
Rased bars spOq on M s Me to nduse Brae Idt
•Gltiar phwoa lower and assadafed sgJpmam
Graaaea tv.•eh
-Grassad-We --
-..--
. Tral n a Wf on hcw 16 pmgorty han5e dgplrgs Iran m aw'ng opensoos
32
Cat Tower Gnwi Lot
pteean ✓cot
I- Sheet ao-
cw'anrg
Educate cell uowv Q men on Prepar 1aldkg of any hu-dora matonks boat' ray Lea
-Coaod dppirgs from rrmwing oowmi s and dap-. of drwn at Cme yard wmt. fsdltly
220I-varta St
WA
. apw" from ma.++p ooraYen
tamp 4KLq mont mIirtwu a
".�
i
Nye
. Tnbt staff to rxiUu vacs whys aras:m eoeid oenx
Edx 16 adjacent tvoperty owner about proper rof%Wzer sppilcalon
• Provl0e n+rdri:sdort b aunt P' ewer spout prop« srdazw s elm Ra
-..
. Nei a r*y beep used
- 0.W opo k- lorr f fertklza by PraPrh v+nr win meiMal;u d,a
Nacre la
• Adwom prop" w.*rr mows V. tat
wa
104 -
EO s la stljerasnt PraperTY a+ynar M props Mroalttg or tlppiryr frarn maw►-g
Wony
CAPP,-n
- PrMOa hnforr.'iadari b atlj&p1M IxopertY owns spool I><'7Par nanCin6 d gpplrtga from mowly
oA--
'�
220 E. Barbee St
- fDppitS7 front m prtng operr4iro by ds sdlacant prop"
operations
gpera7am
_
�.... -�
owner who matt Wna the lot
Tkasaetl s•rele �
- No'*_ -�- -- _ -.
Norrt
Vacant kt
• Not darandy baktg food
. Grassed &wale34
NSA
.Noce "-..-
113 E Glenn St
--
- Sheet now
- EduCWA the property owners rdstd 00 parking lot m how to baler c of sadrnant
- Worilol fortltzef epplk ~ --�-- "
.Currey real being wad .rd Ia n,p hd ado
• Shoat how
. Rona _-'-_
appticstlon of feafxer on yard f
- SoctnioM actYva it Wan InpaMkV lot
m
nrn oil todtot property omw the pakktg b1
Rrgdwfy sweep perkitq lot and drtve-ors .
. GWier draining directly to parking lot
- EdLK*t► the people pwkkg genre shout hair Impact on stonriwatr
EnAcrags new propoiyownrs, once property Is sold, w make a Mower bad where dim gua w
IJId Pdlos Stagon
• FarOserslollaga m pta kktg IOL ord sldswslk
- rratn stelf W property swoop p&Mrq bk and dM%Wmo"
spout pour onto the psrkkg lot
34
III E, Vence St
WA
- Tract staff on ire proper herding and spplaaun or fsrmize,
Provide eduCatloW materials to the property owners aeok ld tha parking IM on how to better
canto[ asdanam rear off from took property onto the psAirrp lot
-
- Plate art IN wsagsw sign In the pWkkg lot speeklrg w those parking dWe about their tmpod on
stxnrwm r
------ -
• Note - - -
- Fire Staaon rw d- Town of ZebJon
• Large drop Wet in front d Cs.
--
Soapy water, ad] and road grkns tom enrol" wasNnp Werad"
• Train staff to rsoCa IsaG-V fads from equipment
- Grosso spedd truck westing area to ooa. t and use[ wplh weir
37
Fire Statbn
DtiBng
WA
Sal4m" buldup In the psrkirg eras
- Train staff to mYn[mlie soap and wow use when wsaNN
• Ropu"tweap psAkg wee and aldawslk
r
r
tt3 E Vence 3t
Sh"I Slow
-
- possible $sake from *Vpmwn
- Trent stet( to properly sweep perking ares
_.�.
Grassed awls
-None
CammuHry raveaaat aM �venb -
---
- Sara earth xlmldlt mold lead to armlari
EriLrats WAIC on Proper Wtpgssl N Vaeh red pet waste
- Ptah apeda] lent waste Apmal fora uarrd ar.s -trace doge maybe walked
Sham Mow
- Pot Waste from people welldg !fist will oa sCa
Train stall npropetly, eogoodng clppirga trom rnowlrg oparsda s
ne
Plashire tdrougtiwt park doWi g the knp" raa.d by impr'opedy handled trash and pat
- Strsrn an site
. Clippings from inowhg oparsdarr
Trrtln atoll ko rlotloe areas where erosion could i=xor
waste
38
Ca" RJvar Pak
W. G sermon Ava
W A
- Trash left an the greeted
,
• Set up ■ odmadale far rwno,Irg trash from die cana and gmuo os or the park
• Raaeed bme spoh In the grass
• Collect dlppkya from towing operations and dhpose ut Cram at he yoni waste (acilty
• Aged) an axis bag to rash osre 1w piadry frdh H when Ve Can ovarl owe
no only ale cram an, rtousems supaun u v4 'M4 Wom uaprw ern wim ere o rurrq swots I ne moon a^uvt has an npwcisi yemt n uw sDpoprua o wmwrw mtrnagemem ptsm
ORDINANCE 2012-05
Chapter 151: Stormwater
ARTILCE I- GENERAL PROVISIONS
§ 151.01 TITLE
This ordinance shall be officially known as "The Post -Construction Stormwater Ordinance." It is
referred to herein as "this ordinance."
§151.02 AUTHORITY
The Town Board is authorized to adopt this ordinance pursuant to North Carolina law, including but
not limited to Article 14, Section 5 of the Constitution of North Carolina; the Charter of the Town of
Zebulon; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission there under; Session Law 2004-163; Chapter 160A, §§ 174, and 185.
§151.03 FINDINGS
(A) Development and Redevelopment alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint
and point source pollution, and sediment transport and deposition, as well as reducing groundwater
recharge;
(B) These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from Development sites-
(C) Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act') and federal
Phase 11 Stormwater Rules promulgated under it compel the town to adopt minimum stormwater controls
such as those included in this ordinance.
(D) Therefore, the Town establishes this set of water quality and quantity regulations to meet the
requirements of state and federal law regarding control of stormwater runoff and discharge.
§151.04 PURPOSE
(A) General. The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post -Development stormwater runoff and nonpoint and point source
pollution associated with new Development and Redevelopment as well as illicit discharges into
municipal stormwater systems.
(B) Specific. This ordinance seeks to meet its general purpose through the following specific
objectives and means:
(1) Requiring that new Development and Redevelopment maintain the pre -Development
hydrologic response in their post -Development state as nearly as practicable for the applicable design
storm to reduce flooding, stream bank erosion, nonpoint and point source pollution;
(2) Establishing minimum post -Development stormwater management standards and design
criteria for the regulation and control of stormwater runoff' quantity and quality;
•
. (3) Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwater and the preservation of greenspace., riparian buffers and other
conservation areas to the maximum extent practicable;
(4) Establishing provisions for the long-term responsibility for and maintenance of Structural
and nonstructural Stormwater Best Management Practices (BMPs) to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public safety;
(5) Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects, and to assure
appropriate long-term maintenance.
(6) Managing flooding and downstream impacts with an awareness of impending regional
growth.
§151.04 APPLICABILITY AND JURISDICTION
(A) General, Beginning with and subsequent to its effective date, this ordinance shall be applicable
to all' Development and Redevelopment, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt pursuant to Subsection (2) of this Section,
Exemptions.
(B) Exemptions.
(1) Development that cumulatively disturbs less than 20,000 square feet and is not part of a
larger common plan of Development or Sale is exempt from the provisions of this ordinance. This
exemption does not relieve any Development from Neuse Buffer Rules or other applicable federal, state
or local laws.
(2) Redevelopment that cumulatively disturbs less than 20,000 square feet and is not part of a
Larger 'Common Plan of Development or Sale is exempt from the provisions of this ordinance. This
exemption does not relieve any Development from Neuse Buffer Rules or other applicable federal, state
or local laws.
(3) Development and Redevelopment that disturb less than 20,000 square feet are not exempt
if such activities are part of a larger common plan of or sale, even though multiple, separate or distinct
activities take place at different times on different schedules.
(4) Activities that are exempt from, permit requirements of Section 404 of the federal Clean
Water Act as specified in 40 C1+R 232 (primarily, ongoing farming and forestry activities) are exempt
from the provisions of this ordinance.
(5) No Development or Redevelopment Until Compliance and Permit.
(6) No Development or Redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No Development for which a permit is required pursuant to this
ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(C) Map, The provisions of this ordinance shall apply within the areas designated as the municipal
incorporated area and extraterritorial jurisdiction on the town's Official Zoning Map, which is adopted
simultaneously herewith. The Zoning Map shall be kept on file by the town and shall be amended from
• time to time to include changes in the land area covered by this ordinance. In the event of a dispute, the
F'a
applicability of this ordinance to a particular area of land or BMP shall be determined by reference to the
North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional
boundary ordinances,
§151.05 INTERPRETATION
(A) References to Statutes, Regulations, and Documents. Whenever reference is made to a
resolution, ordinance, statute, regulation, manual (including the North Carolina Stormwater Best
Management Practices Manual, hereinafter "the Design Manual "), or document, it shall be construed as
a reference to the most recent edition of such that has been finalized and published with due provision for
notice and comment, unless otherwise specifically stated.
§151.06 NORTH CAROLINA STORMWATER BEST MANAGEMENT PRACTICES DESIGN
MANUAL
(A) Reference to Design ManuaL The Stormwater Administrator or his or her designee shall use the
policy, criteria, and information, including technical specifications and standards, in the Design Manual
as the basis for decisions about sormwater permits and about the design, implementation and
performance of Structural and non-structural sormwater BMPs.
The Design Manual includes a list of acceptable sormwater treatment practices, including specific design
criteria for each storinwater practice. Stormwater treatment practices that are designed, constructed, and
maintained in accordance with these design and sizing criteria will be presumed to meet the minimum
water quality performance standards of the Phase H laws.
(B) Relationship of Design Manual to Other Laws and Regulations. If the specifications or
. guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or
regulations, that fact shall not prevent application of the specifications or guidelines in the Design
Manual.
§151.07 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws. This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of
this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation
or other provision of law, whichever provision is more restrictive or imposes higher protective standards
shall control.
(B) Private Agreements. This ordinance is not intended to revoke or repeal any easement, covenant,
or other private agreement. However, where the regulations of this ordinance are more restrictive or
impose higher standards or requirements than such an casement, covenant, or other private agreement, the
requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private
covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply
with this ordinance. In no case shall the town be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
3
§151,08 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall
be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
(A) Final Approvals, Complete Applications. All Development and Redevelopment projects for
which complete and foil applications were submitted and accepted as complete by the town prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise
terminated at the time of Development or Redevelopment shall be exempt from complying with all
provisions of this ordinance dealing with the control and/or management of post -construction runoff, but
shall be required to comply with all other applicable provisions.
A phased Development plan shall be deemed approved prior to the effective date of this ordinance if it
has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
(1) For the initial or first phase of Development: the type and intensity of use for a specific
parcel or parcels. This shall include, at a minimum, the boundaries of the project and a subdivision plan
that has been approved.
(2) For any subsequent phase of Development: sufficient detail showing that implementation
of the requirements of this ordinance to that phase of Development would require a material change in
that phase of the plan.
(B) Violations Continue. Any violation of provisions existing on the effective date of this ordinance
shall continue to be a violation under this ordinance and be subject to penalties and enforcement under
this ordinance unless the use, Development, construction, or other activity cornphes with the provisions of
this ordinance.
§15110 DEFINITIONS
For the purpose of this chapter, the following words and terms shall have the meaning set forth in
this section, unless other provisions of this Ordinance specifically indicate otherwise; or the context
clearly indicates or requires a different meaning,
BUILT -UPON AREA (BUA). That portion of a Development project that is covered by impervious
or partially impervious surface including, but not limited to, buildings, pavement and gravel areas such as
roads, parking lots, and paths; and recreation facilities such as tennis courts, "Built -upon Area" does not
include a wooden slatted deck, the water area of a swimming pool, or Permeable Pavement that meets the
standards outlined in the North Carolina Division of Water Quality Stormwater Best Management
Practices Manual.
DENSITY. The calculation of the total Impervious Area of a project divided by the total project
area. Surface water bodies shall be included in calculations of project Density.
DEPARTMENT. The North Carolina Department of Environment and Natural Resources,
DESIGN MANUAL. The North Carolina Department of Environment and Natural Resources,
Division of Water Quality Stormwater Best Management Practices Manual approved for use in Phase 11
jurisdictions by the Department for the proper implementation of the requirements of the federal Phase Il
0.
4
stormwater program. All references herein to the Design Manual are to the latest published edition or
revision.
DEVELOPMENT. Any land -disturbing activity that increases the amount of built -upon area or that
otherwise decreases the infiltration of precipitation into the soil.
DIVISION. The Division of Water Quality in the North Carolina Department of Environment and
Natural Resources.
FLOOD PROTECTION ZONE. The FEMA 140-year Boodplain as identified on the current
Flood Insurance Rate Map (FIRM) published by FEMA.
HIGH -DENSITY PROJECT. A project is a High -Density Project if it has more than 24 percent
Built -upon Area (BUA) based on total project acreage for all residential and non-residential
Development. Any project that exceeds the low -Density threshold for Built -upon Area.
IMPERVIOUS AREA. Impervious Areas are those surfaces which prevent the infiltration of or
impede the rate of infiltration of stormwater into the soil as compared with the natural conditions prior to
Development. Common Impervious Areas include, but are not limited to, compacted surfaces used for
pedestrian and vehicular travel or parking and other surfaces which prevent or impede the natural
infiltration of stormwater runoff that existed prior to Development.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. Any area where multiple
separate and distinct construction or land -disturbing activities will occur under one plan. A plan is any
announcement or piece of documentation (including but not limited to a sign, public notice or hearing,
sales pitch, advertisement, loan application, drawing, permit application, zoning request, subdivision
application or computer design) or physical demarcation (including but not limited to boundary signs, lot
stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
LOW -DENSITY PROJECT. A project is a Low -Density Project if it has more than 15 percent
Built -upon Area (BUA) and no more than 24 percent Built -upon Area (BUA) based on total project
acreage for all residential and non-residential development
A project with an overall Density at or below the relevant low -Density threshold, but containing areas
with a Density greater than the overall project Density, may be considered Low Density as long. as the
project meets or exceeds the post -construction model practices for Low -Density Projects and locates the
higher Density in upland areas and away from surface waters and drainage ways to the maximum extent
practicable.
NON-STRUCTURAL BMP. A practice that is intended to reduce the impacts of stormwater runoff
by minimizing pollution at the source and that is not a physical device constructed to control or treat
stormwater runoff. Examples of Non -Structural BMPs include reducing Impervious Areas, snaking use of
existing natural features and systems, reforestation, and cluster Development.
ONE-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24
hours.
0
OWNER. The legal or beneficial Owner of land, including but not limited to a mortgagee or vendee
in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity
holding proprietary rights in the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property.
PERENNIAL OR INTERMITTENT SURFACE WATERS. A Perennial or Intermittent Surface
Water shall be deemed present if the feature is approximately shown on either the most recent version of
the soil survey map prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to
this requirement shall be allowed when surface waters are not present in accordance with the provisions
of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made using Division -approved
methodology.
PERMEABLE PAVEMENT, An alternative to conventional concrete and asphalt paving materials
that allows for infiltration of storm water into a storage area, with void spaces that provide temporary
storage.
REDEVELOPMENT. Any Development on previously -developed land, other than a rebuilding
activity that results in no net increase in Built -upon Area and provides equal or greater stormwater control
than the previous Development.
RIPARIAN BUFFER ZONE. Any area extending 50 feet landward of all Perennial and
Intermittent Surface Waters.
STORMWATER ADMINISTRATOR. The official, including the official's duly authorized agent
or delegate, charged with the administration and enforcement of this ordinance, which includes but is not
limited to the responsibility to make decisions about stormwater permits, the design, implementation and
performance of structural and Non-structural BMPs; to make determinations and render interpretations of
this ordinance; to establish application requirements and schedules; to enforce the provisions of this
ordinance, and to designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
STORMWATER MANAGEMENT PRACTICE. Any practice designed to reduce the impacts of
stormwater runoff, including both Structural and Non-structural BMPs.
STRUCTURAL BMP. A physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics;
to approximate the pre -Development hydrology on a developed site; or to achieve any combination of
these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative
practices, filter strips, grassed swales, and other methods installed or created on real property_
SUBSTANTIAL PROGRESS. For the purposes of determining whether sufficient progress has
been made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading
activity; or installation and approval of on -site infrastructure; or obtaining a building permit for the
construction and approval of a building foundation. "Substantial Progress" for purposes of determining
whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used
. for determining vested rights pursuant to applicable law.
6
TWO-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in two years and with a duration of 24
hours.
TEN-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in ld years and with a duration of 24
hours.
ULTRA LOW -DENSITY PROJECT. A project is an Ultra Low -Density Project if it has 15
percent or less Built -upon Area (BUA) based on total project acreage for all residential and non-
residential Development. A project with an overall Density at or below the relevant ultra low -Density
threshold, but containing areas with a Density greater than the overall project Density, may be considered
ultra low -Density as long as the project meets or exceeds the post -construction model practices for Ultra
Low -Density Projects and locates the higher Density in upland areas and away from surface waters and
drainage ways to the maximum extent practicable,
•
. ARTICLE II: ADMINISTRATIONAND PROCEDURES
151.11 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator, A Stormwater Administrator shall be designated by the Town
Board to administer and enforce this ordinanee.
(B) Powers and Dunes. In addition to the powers and duties that may be conferred by other
provisions of Code of the Town of Zebulon and other laws, the Stormwater Administrator shall have
the following powers and duties under this ordinance:
(1) To review and approve, approve with conditions, or disapprove applications for approval
of plans pursuant to this ordinance.
(2) To make determinations and mender interpretations of this ordinance.
(3) To enforce the provisions of this ordinance in accordance with its enforcement provisions.
(4) To maintain records, maps, forms and other official materials as they relate to the adoption,
amendment, enforcement, and administration of this ordinance.
(5) To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwatcr Administrator.
(6) To take any other action necessary to administer the provisions of this ordinance.
151.12 REVIEW PROCEDURES
49 (A) Permit Required; Must Apply far Permit. A stormwater permit is required for all Development
and Redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to
a properly submitted and reviewed permit application, pursuant to this section.
(B) Effect of Permit. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including Structural BMPs and elements of site
design for stormwater management other than Structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to
be used for the management and control of stormwater for the Development or Redevelopment site
consistent with the requirements of this ordinance, whether the approach consists of Structural BMPs or
other techniques such as low -impact or low -Density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after project construction is assured by
the maintenance provisions of this ordinance.
(C) Authority to File Applications. All applications required pursuant to this Code shall be
submitted to the Starmwater Administrator by the Owner or the Owner's duty authorized agent.
(D) Establishment ofApplication Requirements, Schedule, and Fees.
(1) Application Contents and Form. The Stormwater Administrator shall establish
requirements for the content and form of all applications and shall amend and update those requirements
from time to time. At a minimum, the stormwater permit application shall describe in detail how post -
Development stormwater runoff will be controlled and managed, the design of all stormwater facilities
and practices, and how the proposed project will meet the requirements of this ordinance.
.B
• (2) Submission Schedule. The Stormwater Administrator shall establish a submission
schedule for applications. The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring —that there is adequate time to review applications, and that the
various stages in the review process are accommodated.
(3) Permit Review Fees. Permit review fees as well as policies regarding refund of any fees
upon withdrawal of an application shall be established and may be amended and updated from time to
time.
(4) Administrative Manual. For applications required under this Code, the Stormwater
Administrator shall compile the requirements and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the public.
(E) Submittal of Complete Application. Applications shall be submitted to the Stormwater
Administrator pursuant to the application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered a complete submittal only when it contains all elements of complete
application pursuant to this ordinance and the Wake County Erosion and Sedimentation Control
regulations, if applicable, along with the appropriate fee. if the Stormwater Administrator finds that an
application is incomplete, the applicant shall be notified of the deficient elements and shall be provided
with an opportunity to submit a complete application. However, the submittal of an incomplete
application shall not suffice to meet a deadline contained in the submission schedule established above.
(F) Review. Within 30 working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application complies with the
standards of this ordinance.
(1) Approval. If the Stormwater Administrator finds that the application complies with the
standards of this ordinance and the Wake County Erosion and Sedimentation Control regulations, if
applicable, the Stormwater Administrator shall approve the application. The Stormwater Administrator
may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions
shall be included as part of the approval.
(2) Fails to Comply. If the Stormwater Administrator finds that the application fails to comply
with the standards of this ordinance and the Wake County Erosion and Sedimentation Control regulations,
if applicable, the Stormwater Administrator shall notify the applicant and shall indicate how the
application fails to comply. The applicant shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review. A complete revised application shall be reviewed by theStormwater Administrator within 15 working days after its re -submittal and shall be approved, approved
with conditions or disapproved.
If a revised application is not resubmitted within six months from the date the applicant was notified, the
application shall be considered withdrawn, and a new submittal for the same or substantially the same
project shall be required along with the appropriate fee for a new submittal.
151.13 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting. Before a stormwater management permit application
is deemed complete, the Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the proposed
. Development. This consultation meeting should take place at the time of the preliminary plan of
subdivision or other early stop in the Development process. The purpose of this meeting is to discuss the
post -construction stormwater management measures necessary for the proposed project, as well as to
discuss and assess constraints, opportunities and potential approaches to stormwater management designs
before formal site design engineering is commenced. Local watershed plans, the Zebulon and Wendell
Open Space and Greenway Master Plan, the Framework Plan (as described in the Town of Zebulon
Comprehensive Plan), and other relevant resource protection plans should be consulted in the discussion
of the concept plan.
To accomplish this goal, the following information should be included in the concept plan, which should
be submitted in advance of the meeting:
(1) Existing Conditions 1 Proposed Site Plans. Existing conditions and proposed site layout
sketch plans, which illustrate at a minimum: existing and proposed topography; Perennial and Intermittent
streams; mapping of predominant soils from soil surveys (if available); boundaries of existing
predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed
roads, buildings, parking areas and other impervious surfaces.
(2) Natural Resources Inventory. A written and graphic inventory of natural resources at the
site and surrounding area as it exists prior to the commencement of the project. This description should
include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native
vegetative areas on the site, as well as the location and boundaries of other natural feature protection and
conservation areas such as lakes, ponds, floodplains, stream buffers, Flood Protection Zones, and other
setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or constraints for Development
and stormwater management.
(3) Stormwater Management System Concept Plan. A written and graphic concept plan of the
proposed post -Development stormwater management system including: preliminary selection and
location of proposed structural stormwater controls; low -impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of
floodplainlfloodway limits; relationship of site to upstream and downstream properties and drainages; and
preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application. The stormwater management permit application
shall detail how post -Development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this ordinance, including Section 3, Standards,
(1) Downstream Impact Analysis. As part of the permit application, all Development and
Redevelopment shall perform a Downstream Impact Analysis as specified in Section 4.13.1.
(2) Plan Certification. All such plans shall be prepared by a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area(s) of competence, and shall
verify that the design of all stormwater management facilities and practices meets the submittal
requirements for complete applications, that the designs- and plans are sufficient to comply with
applicable standards and policies found in the Design Manual, and that the designs and plans ensure
compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist established by the
Stormwater Administrator, Incomplete submittals shall be treated pursuant to Section 3.13.4.
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151.14 APPROVALS
(A) Effect afApproval. Approval authorizes the applicant to go forward with only the specific plans
and activities authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
(B) Time Limit/Expirahon. An approved plan shall become null and void if the applicant fails to
make Substantial Progress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon
receiving a written request from the applicant before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial relianec on the original
permit and the change in standards would infringe the applicant's vested rights.
151.15 APPEALS
(A) Right of Appeal_ Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance made by the Stormwater
Administrator, may file an appeal to the town's designated Appeal Board within 30 days.
(B) Filing of Appeal and Procedures. Appeals shall be taken within the specified time period by
filing a notice of appeal and specifying the grounds for appeal on forms provided by the town. The
Stormwater Administrator shall transmit to the town's designated Appeal Board all documents
constituting the record on which the decision appealed from was taken.
. The hearing conducted by the town's designated Appeal Board shall be conducted in the nature of a
quasi-judicial proceeding with all findings of fact supported by competent, material evidence.
E
(C) Review by Superior Court. Every decision of the town's designated Appeal Board shall be
subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the
Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the latter of the
following:
(l) The decision of the town's designated Appeal Board is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed a written
request for such copy with the (Chair or Secretary of the board that will hear appeals) at the time of its
hearing of the case.
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ARTICLE III: STANDARDS
151.16 STANDARDS BASED ON PROJECT DENSITY
(A) Development Standards for Ultra Low -Density and Low -Density Projects. Ultra Low -Density
Projects and Low -Density Projects shall comply with each of the following standards, in addition to the
General Standards found in subsection B in this section:
(1) Stormwater runoff from the Development shall be transported from the Development by
vegetated conveyances to the maximum extent practicable.
(2) All Development and Redevelopment shall be located outside the Riparian Buffer Zone
and the Flood Protection Zone. These Zones shall be in accordance with the following provisions:
(a) Except where other applicable buffer standards are more restrictive, the Riparian
Buffer Zone shall extend a minimum of 50 feet landward of all Perennial and Intermittent Surface Waters.
The most restrictive standards shall apply.
(b) The Riparian Buffer Zone shall remain undisturbed unless otherwise permitted by this
section.
(c) The Flood Protection Zone shall extend throughout the FEMA 100-year floodplain as
identified on the current Flood Insurance hate Map (FIRM) published by FEMA. The Flood Protection
Zone shall remain undisturbed unless otherwise permitted by this section.
(d) No Development or Redevelopment is permitted within the Riparian Buffer Zone or
the Flood Protection Zone except for stream bank or shoreline restoration or stabilization, water
dependent structures, and public or private projects such as road crossings and installations, utility
crossings and installations, and greenways, where no practical alternatives exist.
(e) Permitted activities within the Riparian Buffer Zone and the Flood Protection Zone
shall minimize impervious coverage, direct runoff away from surface waters to achieve diffuse flow, and
maximize the utilization of Non-structural BMPs.
(f) Where the Riparian Buffer Zone and the Flood Protection Zone both are present
adjacent to surface waters, the more restrictive shall apply.
(3) The approval of the storrnwater permit shall require an enforceable restriction on property
usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future owners maintain the site consistent with the approved project plans.
(4) All Development and Redevelopment projects shall provide permanent on -site BMPs to
lower the nitrogen export amounts as part of the stormwater management plan and accompany the land
disturbing plan submittal. BMPs are to be in accordance with and as specified in the Design Manual.
(5) For Low -Density Projects only, structural and Non-structural BMPs shall be used to ensure
there is no net increase in peals flow leaving the site from the pre -Development conditions for the t-year,
24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120
hours.
(6) General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H .1008(c), as explained in the Design Manual;
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. (7) Developers must manage runoff so that after Development the site will not exceed the
Target Curve Numbers in the table in subsection A.3 of this Section.
(8) Ultra Low -Density Projects and Low -Density Projects may be eligible for target curve
number credits, as described in subsection B, below.
(B) Maximum Curve Number after Development. Developers must manage runoff so that after
Development the site will not exceed the following composite curve numbers, in accordance with
procedures specified in the United States Department of Agriculture, Natural Resource Conservation
Service, Technical Release 55, Urban Hydrologyfor Small Watersheds.
Project Density
Maximum Compsite Curve Number ' b Sol! Group
A
B
C
D
Ultra -Low
43
63
76
81
Low
48
66
78
83
High
I NIA
NIA
NIA
NIA
(C) Target Curve Number Credits
(1) Purpose. The purpose of establishing a stormwater credit system is to provide incentives to
implement better site design and locate new Development in a manner that causes less impact to aquatic
resources. Certain Development practices reduce the generation of stormwater from the site; thereby
reducing the size and cost of stormwater storage. In addition, these practices can provide partial removal
. of many pollutants. The credit system directly translates into cost savings and better protection of water
resources.
(2) Disconnected Impervious Surfaces. Disconnected impervious surfaces, included permeable
pavers, are encouraged. Runoff from these disconnected surfaces must be spread over pervious areas as
sheef flow. As a credit, these disconnected impervious surfaces will be assigned the lower curve number
specified by procedures of the United States Department of Agriculture, Natural Resources Conservation
Service, Technical Release 55, Urban Hydrology for Small Watersheds.
(3) Reforestation. The planting of trees and shrubs is encouraged as a means of reducing
runoff. As a credit for such practices, reforested areas in dedicated open space will be assigned the curve
number for woods in good condition per procedures in the United States Department of Agriculture,
Natural Resources Conservation Service (MRCS), Technical Release 55, Urban Hydrology for Small
Watersheds. Areas planted with trees or shrubs must meet the following standards to qualify for the
credit.
(a) Tree/Shrub Density and Spacing. Planted trees or shrubs must meet the minimum
Density and spacing standards of the NRCS, as specified in the Field Office Technical Guide. Existing
trees or shrubs may be used toward meeting the planting standard.
(b) Mulching. An initial application or mulch is required for the area designated for
reforestation. Mulching must meet applicable standards of the NRCS, as specified in the Field Office
Technical Guide. Existing groundcovcr may be used toward meeting the mulching standard.
(4) Cluster, Conservation and Open Space Subdivisions. Cluster, conservation and open space
. subdivisions are encouraged_ In applying curve number calculations to such developments, calculations
must take into account the lots' proportionate share of right-of-way and permanent open space.
13
(5) Calculations Regarding Ponds, Lakes, and Streams. Surface water bodies may not be
assigned a curve number for impervious surfaces. Instcad, such water bodies will be removed from
calculations so that developments are not penalized for their presence. Surface water bodies shall be
included in calculations of project Density.
(D) Development Standards for Nigh -Density Projects. High -Density Projects shall implement
stormwater control measures that comply with each of the following standards, in addition to the General
Standards found in subsection B of this Section,
(1) The measures shall control and treat runoff from the first inch of rain. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(2) All structural stormwater treatment systems used to meet these requirements shall be
designed to have a minimum of 85 percent average annual removal for Total Suspended Solids (TSS).
(3) All Development and Redevelopment projects shall provide permanent on -site BMPs to
lower the nitrogen export amounts as part of the stormwater management plan and accompany the land
disturbing plan submittal. BMPs are to be in accordance with and as specified in the Design Manual.
(4) Structural and Non-structural BMPs shall be used to ensure there is no net increase in peak
flow leaving the site from the pre -Development conditions for the I -year, 24-hour storm. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(5) General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H .1008(c), as explained in the Design Manual.
(6) All Development and Redevelopment shall be located outside the Riparian Buffer Zone
and the Flood Protection Zone, These Zones shall be in accordance with the following provisions: .
(a) Except where other applicable buffer standards arc more restrictive, the Riparian
Buffer Zone shall extend a minimum of 50 feet landward of all Perennial and Intermittent Surface Waters.
The most restrictive standards shall apply.
(b) The Riparian Buffer Zone shall remain undisturbed unless otherwise permitted by this
section.
(c) The Flood Protection Zone shall extend throughout the FEMA 100-year floodplain as
identified on the current Flood Insurance Rate Map (FIRM) published by FEMA. The Flood Protection
Zone shall remain undisturbed unless otherwise permitted by this section.
(d) No Development or Redevelopment is permitted within the Riparian Buffer Zone or
the Flood Protection Zone except for stream bank or shoreline restoration or stabilization, - water
dependent structures, and public or private projects such as road crossings and installations, utility
crossings and installations, and greenways, where no practical alternatives exist.
(c) Permitted activities within the Riparian Buffer Zone and the Flood Protection Zone
shall minimize impervious coverage, direct runoff away from surface waters to achieve diffuse flow, and
maximize the utilization of Non-structural BMPs.
(f) Where the Riparian Buffer Zone and the Flood Protection Zone both are present
. adjacent to surface waters, the more restrictive shall apply.
14
(7) The approval of the stormwater permit shall require an enforceable restriction on property
usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future Development and Redevelopment maintains the site consistent with the approved project plans.
Buffer widths and locations shall be clearly delineated on all plans, final plat, and as-builts.
151.17 GENERAL STANDARDS
(A) Downstream Impact Analysis. The downstream impact analysis must be performed in
accordance with the "ten percent rule," and a copy of the analysis must be provided with the permit
application. The purpose of the downstream impact analysis is to determine if the project will cause any
impacts on flooding or channel degradation downstream of the project site. The analysis must include the
assumptions, results and supporting calculations to show safe passage of post -Development design flows
downstream. This analysis shall be performed at the outlet(s) of the site, and downstream at each
tributary junction to the point(s) in the conveyance system where the area of the portion of the site
draining into the system is less than or equal to 10 percent of the total drainage area above that point.
The typical steps in the application of the 10 percent rule are:
(1) Using a topographic map, determine the point downstream whcrc the proposed site equals
10 percent of the total drainage area, called the 10 percent point. identify all tributary junctions between
the downstream site boundary and the 10 percent point. All points identified, as well as the outlet of the
site, are known as 10 percent rule comparison points.
(2) Using a hydrologic model with existing land uses, determine the pre -Development peak
runoff rate (efs) for the 10-year design storm event at each comparison point.
(3) Insert the proposed site design and proposed BMPs into the land uses and determine the
post -Development peak runoff rate for the 10-year design storm at each comparison point.
(4) If the post -Development peak discharge rate is equal to or less than pre -Development
conditions at all comparison points, no further analysis is required.
(5) If the 10-year post -Development peak discharge rate is greater than the pre -Development
peak discharge rate at any comparison point, then one of the following actions must be taken:
(a) Revise the site plan for the proposed site to incorporate better use of natural features,
design additional structural control facilities, reduce impervious cover, or alter timing of peak flows to
lower post -Development flows at each comparison point to prc-Dcvciopment levels.
(b) Obtain a flow easement from downstream property owners through the 10 percent
point where the post -Development peak discharge rate is higher than the pre -Development peak discharge
rate.
(c) Work with the town to determine other acceptable approaches to reduce the peak
discharge rate for the 10-year storm.
For further information on the 10 percent rule, refer to the Stormwater Manual, available online.
(B) Standards for Stormwater Control Measures.
(1) Evaluation According to Contents of Design Manual. All stormwater control measures and
stormwater treatment practices (or BMPs) required under this ordinance shall be evaluated by the
15
. Stormwater Administrator according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater practice, in the Design
Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet
the requirements of this ordinance.
(2) Determination of Adequacy; Presumptions and Alternatives. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with the criteria and specifications
in the Design Manual will be presumed to meet the minimum water quality and quantity performance
standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed
and constructed in accordance with the criteria and specifications in the Design Manual, the applicant
shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for the Stormwater
Administrator to determine whether such an affirmative showing is made.
(3) Separation from Seasonal High Water Table. For BMPs that require a separation from the
seasonal high-water table, the separation shall be provided by at least I2 inches of naturally occurring soil
above the seasonal high-water table.
(4) Changes to Stormwater Plan Based on Emerging Technologies. Subject to the standards of
this ordinance and other applicable law, a developer, in conjunction with the Development's lot owners,
may submit an application to revise the approved stormwater plan so as to use new technologies or best
management practices not available when the original stormwater plan was approved. Innovative
technologies may be used on a demonstration basis for a period of one year while simultaneously
collecting data on the effectiveness of the technology according to its design. If at the end of the
demonstration period the technology is not performing according to its intended design functions as
judged by the Stormwater Administrator, the developer must retrofit the site with a standard technology.
(C) Additional Stormwater Management Measures. In some cases, the Stormwater Administrator
may require more stringent stormwater management measures where it is determined that additional
measures are required to protect water quality and maintain existing and anticipated uses of these waters
or to minimize off -site damage from stormwater runoff in accordance with the purpose of this ordinance
as defined in Section I.D.
(D) Dedication of BAPS, facilities & Improvements. The town may elect to accept dedication of
any existing or future stormwater management facility for maintenance, provided such facility meets all
the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance.
(E) Low Impacl Development Project Classifications.
(1) All Development or Redevelopment to which this ordinance applies may be submitted for
classification as a Low Impact Development (LID) Protect.
(2) Classification as a Low impact Development Project requires that the Development mimic
the pre -developed hydrologic conditions defined as woods in good condition for the 2-year, 24-hour
storm, within 10 percent. The prc-developed conditions shall include: its hydrologic balance, frequency
distribution of high flows; magnitude, frequency, and duration of low flows; groundwater recharge (or
infiltration), and flow length and pattern. The conditions shall be measured through the comparison
between measures of the pre -developed and developed conditions including: total runoff volume, time of
• concentration, curve number, and peak discharge. Mimicry of the prc-developed hydrologic conditions
16
may be achieved through such techniques as the minimization of disturbed areas and the use of on -lot
distributed retention storage as described in more detail on Wake County's Stormwater Web Site under
Low Impact Development,
(3) The following techniques must be used to achieve LID classification:
(a) Natural site design in consultation with the town;
(b) Site buildings, roads, and other land disturbance in the least environmentally -sensitive
areas, preserving steep slopes, naturally well -draining soils, and other hydrologically valuable features
undisturbed;
(4) In addition, one of the following two techniques must be used to achieve LID classification:
(a) Bio-retention systems;
(b) On -site infiltration;
(5) In addition, at least two of the following techniques must be used to achieve LID
classification:
(a) Retention of 50 percent of vegetated area, including open space, landscaping, or
forests;
(b) Use of Pcrmcablc Pavement for all private driveways, private roads, sidewalks, and
• parking areas in accordance with the North Carolina Stormwater Best Management Practices Design
Manual;
•
(c) Installation of one rain cistern per lot or three rain barrels per lot;
(d) InstalIation of vegetated roofs;
(e) Increasing all buffers in the Riparian Buffer Zone or the Flood Protection Zone,
whichever is greater, by 50 feet, in accordance with Section 4.A. Lb for Low -Density and Ultra Low -
Density Projects and Section 4.A.4.f for High -Density Projects.
(f) Use of reclaimed water for all buildings in accordance with State and local laws.
(g) Use of innovative LID techniques subject to the approval of the town.
(6) For Development and Redevelopment projects achieving classification as LID Projects, the
Stormwater Administrator shall reduce or waive the storinwater permit fee if stipulated in the fee
schedule duly adopted by the applicable governing board.
(7) Upon collaboration with the Planning Board, the Stormwater Administrator may develop
and apply an expedited review schedule for Development or Redevelopment projects achieving
classification as LID Projects. Such a review schedule will depend upon the continued availability of
local government resources to conduct expedited reviews.
17
•
151.18 ONSITE WASTEWATER
Onsite wastewater disposal systems shall be operated and maintained in accordance with the
Regulations Governing &Wirge Treat.menj and Disposal Systems in Wake County (Regulations) adopted
by tilt Wake County Board of Human and Environmental Services and enforced by Waite Coonty Onsite
sy oms' shall be inspected,' permitted, repaired and/or professionally operated in ac66rd4nce with the
Regulations and in a manner to pmvept adverse impacts to surface water and groundwater. Then Tpwq of
Zebulon and WCES shall collaoorate on identification of areas of high risk for systept 1.f*lyres and
associated need for environmental surveys, system repairs and possible service by municipal uti. es,
ARTICLE IV.- COMPLETION OF IMPROVEMENTS AND MAINTENANCE
151.19 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE OF
IMPROVEMENTS
The town nmy, at its discretion, require the submittal of a performance bond, letter of credit from, or
cash escrow account with a local bank prior to issuance of a permit. If improvements are not installed
prior to approval of a record plat, the town shall require the submittal of a performance bond, letter of
credit from, or cash escrow account with a local bank prior to issuance of a permit. This performance
18
9
security is required in order to ensure that the Structural BMPs are installed by the permit holder as
required by the approved stormwater management plan, and/or maintained by the Owner as required by
the operation and maintenance agreement,
(A) Form and Amount of Installation Performance Security. The amount of an installation
performance security must equal at least 125 percent of the estimated cost of the required improvements,
including project management costs that have not been installed by the time of Record Plat submittal.
(B) Form and Amount of Maintenance Performance Security. The amount of a maintenance
performance security must be at least 125 percent of the total estimated construction cost of the Structural
BMPs approved under the permit.
(C) Uses of Performance Security for Installation
(1) Forfeiture Provisions. The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time specified, or to initiate or maintain any
actions which may be required of the applicant or Owner in accordance with this ordinance, approvals
issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this
ordinance.
(2) Default. Upon default of the Owner to construct, maintain, repair and, if necessary,
reconstruct any Structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make
necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made
after requesting the Owner to comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, the town shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security. If the town takes action upon such failure by the
applicant or Owner or property owners' association, the town may collect from the applicant or Owner or
property owners' association the difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or damages due.
(4) Refund, Within GO days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus 25 percent) of
landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any
such landscaping shall be inspected one year after installation with replacement for compliance with the
approved plans and specifications and, if in compliance, fie portion of the financial security attributable
to landscaping shall be released.
(D) Uses of Performance Security for Maintenance
(1) Forfeiture Provisions. The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time specified, or to initiate or maintain any
actions which may be required of the applicant or Owner in accordance with this ordinance, approvals
issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this
ordinance.
(2) Default. Upon default of the Owner to construct, maintain, repair and, if necessary,
reconstruct any Structural BMP in accordance with the applicable permit or operation and maintenance
19
•
agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make
necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made
after requesting the Owner to comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, the town shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security. If the town takes action upon such failure by the
applicant or Owner or property owners' association, the town may collect from the applicant or Owner or
property owners' association the difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or damages due.
152.20 AS -BUILT PLANS AND FINAL APPROVAL
Upon completion of a project, the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit actual "as built" plans in
both digital file (1 copy) and mylar formats (3 mylars) for all stormwater management facilities or
practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and
practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices,
as installed. The designer of the stormwater management measures and plans shall certify, under seal, that
the as -built stormwater measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this ordinance. A final inspection and
approval by the Stormwater Administrator shall occur before the release of any performance securities.
No certificate of compliance or occupancy shall be issued without final as -built plans and a final
inspection, or performance guarantees, and approval by the Stormwater Administrator.
c
152.21 MAINTENANCE OF IMPROVEMENTS
(A) Maintenance Required. All structural and Non-structural BMPs must be maintained so they
will continue to serve their intended functions.
(B) Parties Responsible for Maintenance of Structural 8MPs_ The developer must maintain
structural and Non-structural BMPs until accepted by a property owners' association or lot Owner.
(1) All Structural BMPs required for residential subdivisions, including those on individual
lots, must be accepted for maintenance by a property owners' association. The developer must disclose
which party will be responsible for continued maintenance on the record plat and on the stormwater
management plan.
(2) Before improvements are accepted for maintenance by the property owners' association or
lot Owner, the developer or the developer's engineer or other representative, as authorized by Statute,
must certify to the property owners' association or lot Owner and to the town that improvements are
complete and functioning as designed.
(3) If a property owners' association or similar legal entity is to be responsible for the
maintenance and control of BMPs, it shall be established so that it has clear legal authority to maintain
and exercise control over, including the power to compel contributions from subdivision property owners
to cover their proportionate shares of the costs associated with the maintenance of the BMPs. Such
association shall be established prior to approval of the final plat..
(4) Documents providing for the establishment of a homeowners' association or similar legal
entity in accord with this ordinance shall be approved by the Stormwater Administrator before any plat is
recorded.
(C) Maintenance Plan.
(1) The developer must record, and reference on the record plat, a maintenance plan that
instructs the property owners' association or lot Owner about the annual maintenance tasks and associated
costs for at least a 20-year period.
(2) It will be the responsibility of the property owners' association or lot Owner to update the
maintenance plan at least every 10 years in perpetuity
(D) Maintenance Agreement. The developer must record, and reference on the record plat, a
maintenance agreement, or restrictive covenant that sets forth the property owners' association's or lot
Owner's continuing responsibilities for maintenance, including specifying how cost will be apportioned
among lot owners served.
(1) The maintenance agreement must provide that the association and its individual members
are jointly and severally liable for maintenance.
(2) The maintenance agreement shall grant to the town a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain,
repair or reconstruct the structural and Non-structural BMPs; however, in no case shall the right of entry,
of itself, confer an obligation on the town to assume responsibility for the structural and Non-structural
BMPs.
(E) Maintenance Easement. The developer must record easements for access, maintenance and
• inspections by any property owners' association and by the town.
21
• (F) Annual Maintenance Inspection and Report.
(1) The person or entity responsible for maintenance of any structural and Non-structural
BMPs installed pursuant to this ordinance shall submit to the Stormwater Administrator an annual
inspection report from one of the following persons performing services only in their area of competence:
a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist,
aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater
treatment practice inspection and maintenance.
(2) Annual inspection reports are due by June 30 of each year. The first annual report is due by
June 30 following one year after approval of the as -built plan. For Structural BMPs located on properties
subject to property owners' association agreements, the property owners' association is responsible for
collecting and submitting in€omation on all individual lot Structural BMPs installed pursuant to this
ordinance on an annual basis. The inspcction report shall contain all of the following:
The name and address of the land Owner; the recorded book and page number of the lot of each structural
and Non-structural BMPs; a statement that an inspection was made of all structural and Non-structural
BMPs; the date the inspection was made; a statement that all inspected structural and Non-structural
BMPs are performing properly and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and the original signature and seal of the engineer,
surveyor, or landscape architect.
(3) All inspection reports shall be on forms supplied by the Stormwater Administrator. An
original inspection report shall be provided to the Stormwater Administrator by the first day of July
following the issuance of a certificate of occupancy. Subsequent annual reports shall be due on the first
. day of July each year.
151.22 INSPECTION PROGRAM
Inspections and inspection programs by the town may be conducted or established on any reasonable
basis, including but not limited to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and material or water
in BMPs; and evaluating the condition of BMPs.
If the Owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties, including inspections on private property. Refusal of Owner or
occupant of any property to permit such inspection is a violation of this ordinance.
151.23 SIGNAGE
Where appropriate in the determination of the Stormwater Administrator to assure compliance with
this ordinance, Structural BMPs shall be posted with a conspicuous sign stating who is responsible for
required maintenance and annual inspection. The sign shall be maintained so as to remain visible and
legible.
22
• 151.24 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The Owner of each Structural BMP shall keep records of inspections, maintenance, and repairs for at
least Eve years from the date of creation of the record and shall submit the same upon reasonable request
to the Stormwater Administrator.
151.25 NUISANCE
The Owner of each stormwater BMP, whether structural or Non-structural BMP, shall maintain it so
as not to create or result in a nuisance condition.
ARTICLE V. ENFORCEMENT AND VIOLATIONS
151.26 GENERAL
(A) Authority to Enforce. The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the town. Whenever this section refers to
the Stormwater Administrator, it includes his or her designee as well as any authorized agent of the town.
• (B) Violation Unlawful. Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or other
Development or Redevelopment approval or authorization granted pursuant to this ordinance, is unlawful
and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense. Each day that a violation continues shall constitute a separate
and distinct violation or offense.
(D) Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether
actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP,
practice, or condition in violation of this ordinance shall be subject to the remedies, penalties, and/or
enforcement actions in accordance with this section. Persons subject to the remedies and penalties set
forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this
ordinance results or persists; or an Owner, any tenant or occupant, or any other person, who has control
over, or responsibility for, the use or Development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited to.
(1) Person Maintaining Condition Resulting In or Constituting Violation. An architect,
engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility for land or Use of Land. The Owner of the land on which the violation
40 occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or
23
•
CJ
practices pursuant to a private agreement or public document, or any person, who has control over, or
responsibility for, the use, Development or Redevelopmont of the property.
151.27 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall
be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(A) Remedies.
(1) Withholding of a Building Permit. The Stormwater Administrator or other authorized
agent may refuse to issue a building permit for a building or other improvements constructed or being
constructed on any Development site and served by the Structural BMP in question until the applicant or
other responsible person has taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
24
• (2) Withholding of Certificate of Occupancy. The Stormwatcr Administrator or other
authorized agent may refuse to issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the stormwater practices in question until the
applicant or other responsible person has taken the remedial measures set forth in the notice of violation
or has otherwise cured the violations described therein.
0
(3) Disapproval of Subsequent Permits and Development Approvals. As long as a violation of
this ordinance continues and remains uncorrected, the Stormwater Administrator or other authorized
agent may withhold, and the Board of Commissioners may disapprove, any request for permit or
Development_approvai or authorization provided for by this ordinance or the zoning and subdivision
ordinances for the land on which the violation occurs.
(4) Injunction, Abatements, etc. The Stormwatcr Administrator, with the written authorization
of the Town Manager, may institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person
violating this ordinance shall be subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(5) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed
dangerous or prejudicial to the public health or public safety and is within the geographic' limits
prescribed by North Carolina G.S. § 160A-193, the Stormwatcr Administrator, with the written
authorization of the Town Manager, may cause the violation to be corrected and the costs to be assessed
as a lien against the property.
(6) Stop Work Order. The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain in effect until the person has taken
the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations.
(B) Civil Penalties. Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days
after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up
to the full amount of penalty to which the Town of Zebulon is subject for violations of its Phase Il
Stormwater permit, or if no Phase Il Stormwater permit exists for the jurisdiction, civil penalties may be
assessed up to the full amount allowed by law.
(C) Criminal Penalties. Violation of this ordinance may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law. A civil penalty may be assessed from the date
of the violation,
Each day of continuing violation constitutes a separate violation.
151.28 PROCEDURES
(A) InitiationlComplaint. Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may File a written complaint. Such complaint shall state fully the alleged violation
and the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the
complaint. The complaint shall be investigated promptly by the Stormwater Administrator.
25
(B) Inspection. The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this
ordinance.
(C) Notice of Violation and Order to Correct. When the Stormwater Administrator finds that any
building, structure, or land is in violation of this ordinance, the Storrnwatcr Administrator shall notify, in
writing, the property Owner or other person violating this ordinance. The notification shall indicate the
nature of the violation, contain the address or other description of the site upon which the violation is
occurring, order the necessary action to abate the violation, and give a deadline for correcting the
violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the
civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be
subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order personally,
by the Code Enforcement Officer, by certified or registered mail, return receipt requested, or by any
means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
Stormwater Administrator may take appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
(D) Extension of Time. A person who receives a notice of violation and correction order, or the
Owner of the land on which the violation occurs, may submit to the Stormwater Administrator a written
request for an extension of time for correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the Stormwater Administrator may
extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not
exceeding 14 days. The Stormwater Administrator may grant 7-day extensions in addition to the
foregoing extension if the violation cannot be corrected within the permitted time due to circumstances
beyond the control of the person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the date prior to which
correction must be made, after which the violator will bo subject to the penalties described in the notice of
violation and correction order.
(E) Enforcement After Time to Correct. After the time has expired to correct a violation, including
any extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the Stormwater Administrator may
act to impose one or more of the remedies and penalties authorized by this ordinance.
(F) Emergency Enforcement. If delay in correcting a violation would seriously threaten the
effective enforcement of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwatcr Administrator may order the immediate cessation of a violation. Any person
so ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
(G) Variances.
(1) Any person may petition the town for a variance granting permission to use the person's
land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must
show all of the following:
0 (a) Unnecessary hardships would result from strict application of this ordinance.
26
• (b) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(c) The hardships did not result from actions taken by the petitioner.
(d) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(2) The town may impose reasonable and appropriate conditions and safeguards upon any
variance it grants.
(3) Statutory exceptions. Notwithstanding subdivision (a) of this section, exceptions from the
Riparian Buffer Zone and. Flood Protection Zone requirements as well as the deed restrictions and
protective covenants requirements shall be granted in any of the following instances:
(a) When there is a lack of practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent
practicable through the use of BMPs.
(b) When there is a lack of practical alternatives for a stormwater management facility; a
stormwatcr management pond; or a utility, including, but not limited to, water, sewer, or gas construction
and maintenance corridor, as long as it is located 15 feet landward of all Perennial and Intermittent
Surface Waters and as long as it is located, designed, constructed, and maintained to minimize
. disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least
adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BMPs.
•
(c) A lack of practical alternatives may be shown by demonstrating that, considering the
potential for a reduction in size, configuration, or Density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or
result in less adverse impact to surface waters.
27
. ARTICLE YI.- ILLICIT DISCHARGES
151.29 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stonnwater conveyance, the waters of the State, or upon the land m
manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the
State, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed and provided that they do not significantly
impact water quality:
(1) Water line flushing,
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(I 0) Irrigation water;
(H) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) De -chlorinated swimming pool discharges;
(l 8) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been
approved and issued by the State of North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by the town.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter.
28
. (B) Illicit Connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in subsection (A) above, are unlawful.
Prohibited connections include, but are not limited to: floor drains, waste water from washing machines
or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water
from septic systems.
(2) Where such connections exist in violation of this section and said connections wore made
prior to the adoption of this provision or any other ordinance prohibiting such connections, the property
Owner or the person using said connection shall remove the connection within one year following the
effective date of this ordinance. However, the one-year grace period shall not apply to connections which
may result in the discharge of hazardous materials or other discharges which pose an immediate threat to
health and safety, or are likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other than this
section;
. (4) The Stormwater Administrator shall designate the time within which the connection shall
be removed. In setting the time limit for compliance, the Stormwater Administrator shall take into
consideration:
property, and
(a) The quantity and complexity of the work,
(b) The consequences of delay,
(c) The potential harm to the environment, to the public health, and to public and private
(d) The cost of remedying the damage.
(C) ,Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and
properly disposed. All affected areas shall be restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property, on which the substances were released or discharged, shall immediately
notify the Zebulon Fire Chief of the release or discharge, as well as making any required notifications
under state and federal law. Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor
shall such notification relieve any person from other liability which may be imposed by state or other law-
(D) Nuisance. Illicit discharges and illicit connections which exist within the planning jurisdiction
of the Town of Zebulon are hereby found, deemed, and declared to be dangerous or prejudiced to the
29
•
•
•
public health or public safety and are found, deemed, and declared to be public nuisances. Such public
nuisances shall be abated in accordance with the procedures set forth in sections § 96.02 and § 96.99 of
the Code of the Town of Zebulon.
`7 Ion// 1
DATE
ti OF
tpRPp
a
z�
Z
pe01
CA ROB-�,.••'
..........
�..
Lis M. Markland, CMC—Town Clerk
30
0 0 0
Stormwater Communications Database
Responsible Party: Date:
Title:
end of each.
'Morroo1w "IthiAdIcrM ---Uie ittid*.
-;,� --,
#bM- 6mw,---rwe
f M M 1.lt 0
Date/Time of Call
Name of Person
Calling
Contact Information of Person
Calling
Person Who
Received/Returned
the Call
General Disposition of the Call
General Stormwater Communications Page 1
0 0 0
ZEBULON PUBLIC WORKS
STORM DRAIN MAINTENANCE LOG 2011
DATE:
OPERATOR:
CLEAN/WASH OUT TANK? YES NO
LOCATIONS
•NOTE: Top will be removed from catch basin, basin will be vacuumed out
with the vac trailer, and basin will be pressure -washed before top Is replaced
on basin,
TOTAL AMOUNT OF DEBRIS COLLECTED
CLEAN/WASH OUT CONDITION OF BASIN
STORM DEVICE AFTER CLEANING
CY
PIPE CONDITION
BASIN # (list each street, w/block numbers) (Yes/No) (Excellent, Good, fair, Poor) (NOTE5)
0
IIllicit Discharge Inspection Report I
Completed by: Date:
Title:
Inspection
Dale
Re[ew" Stream Name
Illicit Discharge Location'
!]licit Discharge .nttr �cal,on
Potential Responsible Patty
Nv*fwd (YIN)1 Date
Acuan Taken
11fial Discharge Removal Dale
fmrn giving me rotation of the imca oiscnarge. inatcate awommamy raw many teei Upstream of downstream it is from a signthcani physical landmark or inlersecttion
111,01 Discharge Inspection Reporl Page 1
Employee Training
Responsible Party: Date:
Title:
Instructions:gAt aminimum; training for,employees involved in any of the.Town's operations that have, the .poten#ial toecontaminate stormwater.
runoff shall be=provided annually. The training shall include proper spillresponse and cleanup procedures and preventative
maintenance activities. Training should be documented on.this vrorksheet.
I Training Program 1 Topic I Brief Description of Training Program 1 Training Date(s) Facility Personnel Facility Personnel I
Materials (e.g., video, discussion, etc.) in Charge of Training in Attendance
Employee Training Page 1
List of Significant Spills or Leaks
Responsible Parry: Date: .
Title.
(lase
(montNday/yearj
Spill
Leak
Locason
(Refer In site
map)
OescA~
CleanupyResponse
Preventive
Measures Taken
Substance
Quantity
Source {if knawnj
Cause (it known)
Action Taken
AmouRecovered nt of crud an!
D�pcsal
. — — —u ayr�+�n, t ...+..+sere 1� a {xiysc ,'drw upR
List of Sgnaicani Spies or Leaks Page t
0 0 0
SPILL PREVENTION and RESPONSE PLAN (SPRP)
Completed by: Date: _
Title:
Potential Responsible Perso6nel
Pollutant Source Spill Response Procedures (Individual or Team, or if
applicable, refer to Part 1)
Spill Prevention and Response Plan (SPRP) Page 1
0
Structural BMP Inspection Report for Town -Owned Properties
Instructions: Record inspections and regular cleaning of stormwater control systems in the table below. T
Routine Inspections and Maintenance
BMP/Location
Date of Inspection 1 By.Whom
Issues Found
Description of Maintenance Activity
Inspection Program Page 1
• •
ZEBULON PUBLIC WORKS
SWEEPING PROGRAM Hopper site of sweeper is3.5cubic yardsper manufacturer.
1997 TYMCO SWEEPER
CY of DEBRIS COLLECTED CLEAN/WASH OUT
ENDING READINGS LOCATIONS Dump Pile/measurement in Feet HOPPER WATER USE FtLLUp a OF MAINT,
DATE OPERATOR TRUCK HRS TRUCKMILES AUX ENGINE (list each street, w/block numbers) L x W x H/27 Yes/rao Reclaimed/eatable DATE GALLONS REQUIRED
3167.1 20429.0 1919.2 TT