HomeMy WebLinkAboutCLAREMONT_COMPLETE FILE - HISTORICAL_20071015'STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_�
DOC TYPE
r
❑ COMPLETE FILE.- HISTORICAL
,
MOST RECENT
❑
DATE
YYYYMMDD
The City of Claremont
Tom Winkler
P.O. Box 446
Claremont, North Carolina 28610
Dear Mr. Winkler;
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
ED
olecnE A l Sull V
Divisi q t
October 15, 2007 OCT 3 1 2D01
NC DENR MRO
DWO-Surface Water Protection
Subject: Request for Waiver
DWQ has reviewed the comments received, the requirements of state laws and
administrative rules, the rights of the municipalities, and our mandate to protect public health and
environmental quality. Based on that review, DWQ is granting the City of Claremont's request to
rescind permit No. NCS000503 and grant a waiver from the requirements otherwise applicable to
municipalities that own or operate a municipal separate storm sewer system (MS4) within an
urbanized area.
Pursuant to Session Law 2006-246, the City of Claremont may subsequently be required
to seek coverage under an NPDES permit if circumstances change.
Although requirements to seek an NPDES Permit to administer the six minimum
measures in 40 CFR,122.34 has been waived for the City of Claremont, any new development
that cumulatively disturbs one acre or more of land located in the City of Claremont, must
comply with the standards set forth for waters classified as Watershed IV Protected. DWQ
believes this, along with existing stormwater programs implemented by the City of Claremont,
are adequate to protect water quality.
If you have any questions concerning this waiver or the post -construction requirements in
Session Law 2006-246, please contact me at 919/733-5083 ext. 545.
Sincerely,
Mike Randall
Environmental Engineer
cc: DWQ Mooresville Regional Office
Stormwater Permitting Unit
DWQ Central File
Na" C,
,U4
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5093 Customer Service
Internet: www.ncwaterauality.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Rocycled110% Post Consumer Paper
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1
Wi DEPT. OF E,,Nlv;R0,%lMEl'JT t
AND NAT � ` _ E;ESOURCFS
MOOREB',' CVALOFFICE
1
MAR 07 2005
CITY OF CLAREMONT
WATE
PHASE II NPDES STORMWATER PERMIT APPLICATION KTIOM
and
COMPREHENSIVE STORMWATER MANAGEMENT
PROGRAM REPORT
Submitted to
NORTH CAROLINA DIVISION OF WATER QUALITY
STORMWATER UNIT
RALEIGH, NORTH CAROLINA
ryp
!
JUNE, 2004 ! JUN ! 2°1v
Prepared by
COREY A. TEAGUE
WESTERN PIEDMONT COUNCIL OF GOVERNMENTS
PO BOX 9026
HICKORY, NORTH CAROLINA 28603
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Seeking Permit Coverage
City of Claremont
b.
Ownership Status (federal,
state or local)
Local
c.
Type of Public Entity (city,
town, county, prison, school,
City
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Catawba
f.
Jurisdictional Area (square
miles)
6.77 square miles
g.
Population
Permanent
1,077
Seasonal (if available)
Not Applicable
h.
Ten-year Growth Rate
9.9 %
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
6.77 square miles
b.
River Basin(s)
Catawba
c.
Number of Primary Receiving
Streams
3
d.
Estimated percentage of jurisdictional area containing the following four land use activities:
•
Residential
3011/0
•
Commercial
6%
•
[ndustrial
13%
•
Open Space
510/0
Total =
10011/o
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ® No
Page 1 .
SWU-264-103 02
NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
® Yes ❑ No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
I ❑ Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
Not Applicable
• NPDES Permit Number
Not Applicable
c. Do you intend to co -permit
Yes ®No
with another Phase II entity?
d. If so, provide the name(s) of
Not Applicable
the enti :
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
erm ittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes ® No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Not Applicable
• Element they will implement
Not Applicable
• Contact Person
Not Applicable
• Contact Address
Not Applicable
• Contact Telephone Number
Not Applicable
c. Are legal agreements in place
to establish responsibilities?
❑ Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority Doris Bumgarner
has been delegated
b. Title/position of person above City Manager (Interim)
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
SWU-264-103102
NPDES RPE Stormwater Permit Application
' VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority For this permit
' application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below,
' I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
' properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
' including the possibility of fines and imprisonment for knowing violations,
1.
1,
11
r
11
n
11
11
Signature
a
Name
Doris Bumgarner
Title
City Manager (Interim)
Street Address
3288 E Main Street
PO Box
446
City
Claremont
State
NC
Zip
28610
Telephone
(828)459-7009
Fax
(828)459-0596
E-Mail
claremontmgr@charterinternet.com
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.
dame of Contact
Person
Doris Bumgarner
b.
Title
City Manager (Interim)
c.
Street Address
3288 E Main Street
d.
PO Box
446
e.
City
Claremont
f.
State
NC
g.
Zip
28610
h.
Telephone Number
(828) 459-7009
i.
Fax NUmber
(828) 459-0596
j.
E-Mail Address
daremontmgr a charterinterrnet.com
F Page 3
5W U-264-103102
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
Management Program
None
b.
UIC program under SDWA
None
c.
NPDES Wastewater Discharge
NCO032662 — Claremont North WWTP
Permit Number
NCO081370 — Claremont McLin Creek WWTP
d.
Prevention of Significant
Deterioration (PSD) Program
None
Claremont is part of a nonattainment area for ozone and
e.
Non Attainment Program
particulate matter.
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
None
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
section 404 of CWA
None
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
1.
Page 4
SWU-264-103102 1
NPDES RPE Stormwater Permit Application
'
2.
RECEIVING STREAMS
'
3.
EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
'
4.
PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
'
4.4. Duly Authorized Representative
'
5.
Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6.
Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
'!
6.3. Contact Information
6.4. Legal Agreements
7.
STORMWATER MANAGEMENT PROGRAM
i..
7.1. Public. Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
F
I
I Page 5
SW U-2611-103102
Comprehensive Stormwater Management Program Report
11
11
11
11
u
11
N
11
11
11
Storm Sewer System Information
1.1 Population Served: The permanent population of Claremont based on the 2000
US CCI)SL1S is 1,077. The City's population does not vary seasonably.
1.2 Growth Rate: Claremont's population according to the 1990 US Census WZIS
980. "IThe City's population based on the 2000 US Census was 1,077. The City's
population grew 9.9% during that decade, or about 1 % annually.
1.3 Jurisdictional and MS4 Service Area: Claremont's land -use jurisdictional area
includes parcels located within Claremont's corporate limits as well as an
established extraterritorial jurisdictional area (ETJ) (See Attachment 1). These
areas collectively total 6.77 square miles (includes roads),
1.4 MS4 Conveyance System:
The City of Claremont has approximately 2.04 miles of curb and gutter on State
maintained roads and 1.47 miles of curb and gutter on City maintained roads.
Ditches transport stormwater along the remaining streets in the City and culverts
under driveways and streets are used to pipe water. The City has dedicated staff
to maintain the storm sewer system while an engineering consulting firm provides
technical expertise.
1.5 Land Use Composition Estimates: 'fable I below provides information on tl)e
estimated percentage of the MS4 service area that is under residential,
commercial, ituiustrial and open space use.
t ores `r,�
;rPer ccnta �e"
Residential
1,174
30%
Commercial
235
6%
Industrial
505
l 3%
Open S ace
2,004
51 %
Total
3,918
100%
*'Dues nut include ui-aj of roue] rights -cif -way.
1.6 Estimate Methodology: The land use estimates were obtained through a [rand
Use Survey and GIS analysis of the City maintained by the Wcstern Piedmont
Council of' Governments. Properties were aggregated into the residential,
Commercial, InditStrlal and open SpaCC CategOriCS.
1.7 TMM, Identification! (.,ands «,ilhin the City's jurisdiction drain into Lotig,
Mcl.in ',znd Mull Creeks.
11
Comprehensive Stormwater Management Program Report
2. Receiving Streams
Receiving
Stream Segment
Water Quality
Use Support
Water Quality
Stream Name
Classification
Ratin
Issues
Long Creek
1-1-0111 S011thern Railway
WS-IV
NIA
NIA
to end at McLin Creek
McLin Creek
From intersection of
WS-IV
NIA
NIA
Shangra-La Drive and
Keisler Dairy Road to
Southeastern corner of
City jurisdiction at
Cinderella Street
Mull Creek
From western tin -it of
WS-IV
NIA
NIA
ETJ to the north side of
1-40 just past the rest
area.
3. Existing Water Quality Programs
3.1 Existing Programs: The City of Claremont has adopted and is administering a
local water supply watershed protection ordinance (see Attachment 2).
3.2 State Programs: Staff with the Mooresville Regional Office of the Land Quality
Section of the DENR administers the state's Erosion and Sediment Control
Regulations within the City's planning area.
4. Permitting Information
4.1 Responsible Party Contact List:
4.2 Organizational Chart: (see Attachment 3)
4.3 Signing Official: Doris Buntgarner, City Manager (lnterini)
4.4 Duly Authorized Representative: Not applicable.
5. Co -Permitting Information: Not applicable.
6. Reliance on other governmental entity to salisfy one or more permit obligations:
Not .ippliccihle
2
1
Comprehensive Stornmater Management Program Report
' 7. Stormwater Management Pro grain Plan
' 7.1 Public Education and Outreach on Stoma Water Impacts
' 7.1.1 BNIP Summary "fable 7.1. l describes the activities the City will undertakc
to meet the State's public education and outreach requirements.
7.1.2 The City has a growing number of commercial and industrial
developments, especially in areas that flow into receiving streams.
Therefore, business and industry owners will be the primary target
' audience for the public education component of the City's stormwater
program. Residential property owners will also receive educational
materials on how stormwater impacts can be minimized.
t7.1.3 No receiving streams in the City's jurisdiction are identified by the state
for having any specific pollution issues. As development increases,
however, sediment will be the major pollutant targeted by the stornwater
program.
7.1.4 A combination of brochures and public workshops will be used to
distribute information about stormwater to property owners. Materials
will be directly mailed to business and industry owners.
7.1.5 The City Planner developed a draft outreach program based on research
from other existing programs. In general, the BMPs will focus on
explaining what homeowners and business owners can do to reduce
pollutant loading and minimize stormwater volume. Individual BMI's
were selected that would be effective in communicating general
'I stormwater education to the public, and that could utilize existing City
ii resources or programs in doing so.
,j 7.1.6 The success of this particular minimum measure will be evaluated based
ff on the following: the number of stormwater educational materials
distributed to homeowners; the number of City events where educational
materials and displays were available; the number (11' business ,Ind
industries receiving stormwater materials; and the number of people
attending stormwater workshops.
7.2 Public Involvement and Participation
7.2.1 BiMl' Stlmlllary Table 7.2.1 describes the .Ictivities the City will undertake
to Incet the State's public ilivolvelllellt and part1cipat10II rc[IuIIY]Illcntti.
7.2.2 Whilc Claremont is a simill, rural conimurlity, wilh a rclativcly
homogenous population, there arc il growing number of collimorcial and
industrial developments. The focus of' this component of' the City's
1f
7.3
1
Comprehensive Stormwater Management Program Report
stonmwater program will be involving primarily business and itl(Iustry
leaders in planning, oversight, and conuminity involvement activities. ,
However, homeowners will also be included.
7.2.3 An advertised public hearing before the City Council was held to receive
public comment oil the Clt),'S S[Orinwater program prior to its official
adaptation. As an integral component to the public involvement
requirement, the City will establish a citizen stormwater committee that
will help staff evaluate the effectiveness of the City's program over tirne
and suggest changes to the program as deemed necessary.
7.2.4 Because Claremont is a relatively small city, a limited number of
organized civic and community groups exist. For this reason, it will be
difficult to find individuals and organizations willing to actively
participate in activities such as storm drain stenciling and adopt -a -stream
programs. One of the roles of the stormwater committee will be to
identify individuals over time in the community with expertise in various
f
stormwater topics willing to educate others about stormwater impacts, as
i
well as identify organizations willing to participate in stormwater-related
activities and projects.
'I
7.2.5 The success of this particular minimum measure will be evaluated based
on the following: the.number of meetings held by the citizen stormwater
'
committee and the number of phone calls received by the City reporting
water quality violations or expressing concerns regarding water quality.
Illicit Discharge Detection and Elimination
7.3.1 BMP Summary`fable 7.3.1 describes the activities the City will undertake
to meet the State's illicit discharge detection and elimination requirements.
7.3.2 A storm drain map for the City's planning area will be developed by the
'(
end of Year 11 using GPS and GIS technology. While the GPS technology
employed will not be survey grade, the accuracy will be more than
sufficient to use the map(s) created to assist the City with later identifying
'
dry weather flows and other suspicious discharges for in-depth inspections
and monitoring and potential elimination. Besides hydrography and
outfall information, the location of roads and businesses in the City will
'
also be placed on these maps. The development, analysis and storage of
this information in a GIS-data base will facilitate the regular updating of
these nliips oil all anticipated live -year Interval.
�]
i
7.3.3 The City will adopt a Stormwater Nlanagcment Ordinance. 'fills
ordirl licc will prohibit the discharge of materials to streams that arc not
carried ill stominwatcr or covered under a Nl'DFS permit issued the North
Carolina Department of Health and Natural Resources. Clarenlorit will
BMP Summary Table 7.1.1. Best Management Practices and Measurable Goals for Public Education and Outreach.
::.::.:..:...:..:.::::....:..::.:.::::r._.:::.::::....:::.::::::::::::::::.:::::.:._.::.::::::.:..::,::.::.:
:::....:...............:::.>::._:�:;::;:�:.:<>.:...:.:..::�<:::,.:::.:;..:.::.>.::,..v:-�;<::<;>.::.:>...:�::.::.�.v ...:
Year
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Distribute Stormwater
Distribute brochures through special event
X
X
X
X
X
City Manager
Prevention Brochures
displays and utility/lax bill inserts. Include
information on steps to reduce pollution
sources including proper disposal of oil
and toxic materials, proper use of lawn
care products, and public reporting of
illicit discharges.
2
Public Workshops
Conduct informational workshops.
X
X
City Manager
Include information on stormwater
impacts and what citizens can do to
minimize stormwater runoff from activities
occurring at their homes.
3
BUSirness Outreach
Develop an educational program to inform
X
X
X
X
X
City Manager
Program
businesses on illicit discharges, reporting,
and actions they can take to minimize
stormwater impacts from activities
associated with their business.
BMP Summary Table 7.2.1. Best Management Practices and Measurable Goals for Public Involvement and Participation.
-
rs-
YeaamagaMER
ON
SMP
Measurable Goals
1
2
3
1 4
1 5
Responsible Position/Part
1
Establish Citizen
The Committee will meet at least semi
5tormwater Committee
annually to provide oversight and suggest
X
X
X
X
X
City Manager
changes to the City`s stormwater program.
Committee members will include citizens
from the City and the City's ETJ area.
2
Encourage Reporting of
Through the dissemination of brochures
X
X
X
X
X
City Manager
Local Water Quafity
and similar materials, a phone number will
Problems & Violations
be provided where City residents can
report water quality concerns and
violations occurrin2 locally,
BMP Summary Table 7.3.1. Best Management Practices and Measurable Goals for Illicit Discharge Detection and Elimination.
�•_.
Year
x-,_
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Map Storm Sewer
Identify & map the location of all outfalls &
System
the names and location of streams in the
X
X
X
X
X
City Manager
City's planning area that receive
discharges from these outfalls.
2
Identify Illegal
Identify & eliminate illegal discharges and
X
X
X
X
X
City Manager
Discharges to the Storm
illicit connections to the storm sewer
Sewer System
system.
3
Adopt Stormwater
Adopt an ordinance to prohit the non
Management Ordinance
stormwater discharges into the storm
X
City Manager
sewer system and to grant the City legal
authority to take enforcement action when
a violation occurs.
4
Distribute Brochures
Distribute educational materials to citizens
X
City Manager
and business about preventing/eliminating
non stormwater discharges
Comprehensive Stormwater Management Program Report
' adopt this ordinance by the end of' Year 1 of the City's stornlwater
progralll.
7.3.4 The Stormwater Management Ordinance will be aclopted by the City
' ConllCil and will contain penalty provisions. This ordinance will be
enforced by the City's Zoning Administrator.
'
7.3.5 Detection and Elimination
7.3.5.1 High priority areas will include streams draining businesses and
'
industries located along North Oxford Street and in the City's
industrial parka These areas represent the majority of
commercial and industrial development in the City and are
likely to contain the majority of illicit discharges or connections
'
to the storm system. Over time, as educational outreach efforts
are implemented, calls from citizens and businesses may help
'
identify other priority areas.
7.3.5.2 Streams will be walked annually during dry weather periods to
'
look for nonstormwater flows. Suspicious appearing discharges
will be visually inspected as suggested by US EPA (see
Attachment 4 - EPA Storm Water Management Fact Sheet).
' 7.3.5.3 A letter from the City will be sent to the individual or business
notifying them that they are in violation of the City's
11 Stormwater Management Ordinance. Emphasis will be placed
i on obtaining voluntary compliance initially. However, if the
violator does not take action to comply with the City's
ordinance, the City will take appropriate legal action to ensure
removal of the illicit discharge.
7.3.5.4 A major responsibility of the City's Citizen Stormwater
Committee will be to evaluate the effectiveness of all progMill
elements and suggest changes where appropriate.
' 7.3,6 Non Stormwater Discharges. None of the listed categories of� non -storm
water discharges or flows are considered significant contributors of.,
' polliltallts in Claremont.
7.3.7 i�lo1 Applicable
7.3.5 The I'llhllc Edualtion conlpolicnl ofthe City's storillwater progl-aul will be
tISLd to C(ItICate h(}Illeowllers and businesses about the fl lIZili'Cls assoclatcd
with illegal discharges and the improper disposal of' wastes. Educational
outreach efforts will include mailings and public workshops. City
employces i:nil cornractors will receive instruction on the proper handling
11
7.4
7.5
Comprehensive Stormwater Management Program Report
of wastes via employee training as listed under Pollution Prevention/Good
Housekeeping tier Municipal Operations, '
7.3.9 In conjunction with City staff, the City's Citizen Stormwater Committee
Will evaluate the effectiveness of' all program elements and suggest
changes where appropriate.
7.3. l0 This program component will be evaluated by documenting the number of
illegal discharges removed, recording the number of businesses and
homeowners receiving educational information about illicit discharges and
proper storage of wastes, and documenting the number of City employees
and contractors receiving training in this area.
Construction Site Stormwater Runoff Control.
The City will continue to rely on the Land Quality Section with the NC
Department of Environment and Natural Resources' Regional Office in
Mooresville to administer the state's sediment and erosion control regulations 1
within the City's planning jurisdiction.
Post -Construction Stormwater Management in New Development and '
Redevelopment.
The City's stormwater management ordinance, which will be adopted in Year 1,
will ensure that all requirements of sections 7.5.1 through 7.5.7 are met.
T5.8 See 13Mf' Summary Table 7.5.8 found on the following page.
7.5.9 Non-structurall3MPs:
7.5.9.1
The City currently administers a Water Supply Watershed
Protection Ordinance that places limits on density and
�l
impervious surfaces regarding new development throughout the
1
City's planning area.
7.5.9.2
Strategy 1-C of the City's land Development Plan states that
"new and existing development regulations should allow,
require and/or elncourage mixed uses, infill development,
redevelopments, open space and increased opportunities for
a f'filclable housing.'
'I
7,5.9.3
1 he City clil'rently has no CdLlCatl011L11 progralnS ll7 pl�ICe.
7.5.9A
The City's watershed protection ordinance reclulres new Cluster
and Planned Unit Developinclnts to be designed and located to
6
BMP Summary Table 7.5.8. Best Management Practices and Measurable Goals for Post Construction Stormwater Management.
.i-
Year
BMP
Measurable Goals
1
2
3
4
5
Responsible Position/Party
1
Adopt a Local Post
Adopt a local ordinance to manage
X
City Manager
Construction Stormwater
stormwater runoff from development and
Management Ordinance
redevelopment sites within the City's
tannin area.
Comprehensive Stormwater Management Program Report
1
nlilliMi e storulwatcr runoff impact to the rccciving watcrs and
111inin11'Le concentrated flow.
7.5.10 Sti'Llctllral 13NIP5:
7.5.10.1 The City currently has no measures in place as cieScribecl.
7.5.10.2 State and City -owned streets use curb and gutter and grass
swales to transport runoff.
7.5.10.3 The City does not require infiltration basins or trenches under
any of its land use regulations.
' 7.5.11 Within one year of permit approval, the City will adopt a stormwater
management ordinance to ensure that all post -construction requirements of
section 7.5 are met.
7.5.12 Provisions concerning annual inspections of stormwater control structures
will be included in the City's stormwater management ordinance.
' 7.5.13 Decision Process:
7.5.13.1 Since the City's current water supply watershed protection
ordinance does not address post -construction stormwater
management, those concerns will be addressed in the City's
' stormwater management ordinance, which will be adopted in
Year I.
7.5,13.2 Due to continuing and projected future industrial development
in the City, the post -construction section of the stormwater
management ordinance will have it specific 110cUs Oil large-scale,
industrial development and redevelopment.
7.5.14 The City will document all new development projects that fall under the
regulations of the post -construction section of the stormwater management
ordinance. All annual inspection, at a minimum, will ensure that the
reyuie'enlents of the ordinance have been successful.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations.
17.6.1f A BN/11' Summary 'fable for tills component s poent o1, the Ciiy'storlllwalcr
`` program call be fMilld on tuft following page.
7.6.2 City -owned operations Hiclude the City Hall, Police Department, hire
MIXIIUnent, public works facility and a public park. The City also owns
and operzltes two WWITs. The Claremont North WWTI''s M913S
,j
Comprehensive Stormwater Management Program Report
hermit number is NC0032662. The Claremont McLin Creek WwTP's
NPDES permit number is NC008 1370,
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7.6.3
The City will require public works staff and contractors that regularly
work for the City to ,iticiid stormw,,kter management workshops. The City
does not have any existing materials it plans to use for meeting the
Pollution Prevention/Good I-lousckeeping requirement. However, the City
anticipates that existing training and education materials available from
sources such as US EPA, NC State University and NC Cooperative
Extension Service will likely be sufficient to educate contractors about
minimizing stor nwater impacts associated with their routine activities.
'
7.6.4
Maintenance and inspections associated with the City's sanitary sewer
system is handled on an as needed basis by City staff.
7.6.5
The City's public works facility includes office/garage, vehicle/equipment
storage building and an open-ended pole shed used to store material such
as sand and salt. There are currently no stormwater controls at this
facility.
7.6.6
Waste materials from the City's WWTPs are extracted or skimmed off and
sent to the Charlotte Compost. Sediment and debris, ' during periodic
cleanings of the stormwater system, are sent to the WWTP sediment basin
and the Blackburn Landfill, respectively.
7.6.7 According to 1jEMA, the City contains floodplains on FIRM Panel
Number 370050-013513, although the entire City is not mapped. Over the
next year the state plans to re -map floodplain areas in Catawba County.
Based on the results of this mapping effort, the City will modify its codes 11
accordingly to protect water quality and minimize the likelihood of
flooding associated with new development within these low areas.
T6.8 The City's watershed protection ordinance will be evaluated to determine
if changes should be made to render the ordinance more effective in
minimizing runoff associated with new development, encouraging more
compact development projects and providing greater protection of natural
waterways.
7.6.9 Not aPP licablc.
7.6.10 '['tic Pollution Pre%TntionlGood 1-10usekeeping tN-orkshops \,ill empliasize 1J
hnw City employees earn reduce pollutUult ioadings associated with
activities that they arc responSibIC for or directly conduct on a regular
basis.
BMP Summary Table 7.6.1. Best Management Practices and Measurable Goals for Pollution Prevention of Municipal Operations.
,
0.�
Year
BMP
Measurable Goals
1
2
3
1 4
5
Responsible Position/Party
1
Train Municipal Staff
Provide workshops to City staff and
X
X
X
X
X
City Manager
and Contractors
contractors outlining how stormwater
pollutant loading can be reduced from
,municipal supervised activities .
1
Comprehensive Stormwater Management Program Report
1 ,.
7.G.1 l The City WWII document the number of training hours received by City
employees and contractors. Changes in municipal and corltrastol-
operations that are made to recluse stormwater impacts will also be
dofxiliellted.
1
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ATTACHMENT 1
I)
Claremont Planning Jurisdiction
u
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1893
ATTACHMENT 2
IClaremont Water Supply Watershed Protection Ordinance
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1 9-3-1 10
1
Attachment 2
WATER SUPPLY WATERSF1ED PROTECTION
Au0101-ity and 1 11ildInCl1t.
The Legislature of the State of North Carolina has, in Chapter 160A, Clmptcr 19, Planning
and Regulation of Development; and in Chapter 143, Chapter 21, Watershed Protection
Rules, delegated the responsibility or directed local governmental units to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. The City of Claremont, North Carolina ("the City"), does hereby ordain and
enact into law the following articles as the Watershed Protection Ordinance of Claremont,
North Carolina.
' 2. Jurisdiction.
The provisions of this Section shall apply within the overlay zones designated as a Public
1 Water Supply Watershed as defiried and established on the "Official Zoning Map of
Claremont, North Carolina" ("the Zoning Map"), such overlay zones being adopted
simultaneously herewith. The Watershed Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this' Ordinance. This Ordinwice shall be
permanently kept on file in the office of the City Clerk.
3. Exceptions to Applicability.
(A) Development activities that do not require a Sedimentation/Erosion Control flan are
exempt from the requirements of this Section, and are subject only to the minimal lot
Ij
size, lot coverage, and dimensional requirements of the zoning district in which they
are located.
rl(f3)
Existing development, as defined in this Ordinance, is not subject to the requirements
of this Section. Existing development is defined as those projects that are built or
these projects that at a minimum have established a vested right under- North Carolina
zoning law as of the effective date of this Ordinance based on at least one of the
following criteria:
(1) having expended substantial resources (time, labor, money) based on a good
Faith reliance upon having received a valid local government approval to
1
proceed with the project;
(2) having ail outstanding valid buildiiig permit as authorized by NCGS 153A-344.1
IIiind
NCGS 160A-385.1, or
(3) 1li1vill" illl i111ill-oved slit slpcl 111c or phased dcVelopmuilt Ifl:111 a,S ;mtllorl/.lA by
I1NCGS
1 5 3A-34 4. I and NCGS 160A-3S5.1.
Attachment 2
(C) Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the built -upon area of the existing
development is not required to be included in the density calculations.
(D) Reconstruction of Buildings or Built -Upon Areas. Any existing building or
built -upon area not in conformance with the restrictions of this Ordinance that
has been damaged or removed may be repaired and/or reconstructed, except that
there are no watershed restrictions on single-family residential redevelopment,
provided:
Repair or reconstruction is initiated within twelve (12) months and completed
(1} Re p p
within two (2) years of such damage.
2 The total amount of space devoted to built-u on area may not be increased
{) A A Y
unless stormwater control that equals or exceeds the previous development is
provided.
(E) A pre-existing vacant lot owned by an individual prior to the effective date of this
Ordinance, regardless of whether or not a vested right has been established, may be
developed forsingle family residential purposes without being subject to the '
restrictions of this Section, provided the property is zoned for this use. However, this
exemption is not applicable to multiple contiguous lots under single ownership.
4. Cluster or_ Planned Unit Development.
Cluster or Planned Unit Development is allowed in all Watershed Areas C p under the
following conditions: '
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I
(A) Development activities shall comply with the requirements of Sections 9-3-105 and
Section 9-3-106 of this Ordinance.
(B) All built -upon areas shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, the title of the open
space area shall be conveyed to the association For management. Where a property '
association is not incorporated, a maintenance agreement shall be Ided with the deeds.
5. Duffer Areas Required.
(A) A nwilium one; hundred (100) Ii)Ot vcgctativc htlk'cr is requircxi for ',III new
development <<ctivities that exceed tltc density st:indards of Section 9-3-32 through 9-
3-=10; otherwise, a minimum thirty (30) foot ve{yetam;c buffer for development .
'ictivitics is required along gill I)ercnnial waters indicated in the most recent versions of
89
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Attachment 2
USGS 1:24,000 (7.5 minute) scale topographic rllaps or as determined by local
goverrlrrleni studies, Artificial strenrnbank or shoreline stabilization is permitted.
(13) No new cleveloplllent is allowccl In the buffer except for water cleperlclent structures
and public projects such as road crossings and greenways and their appurtenances
where no alternative exists. These activities should minimize built -upon surface area,
direct runoff away from the surface waters'and maximize the utilization of stormwater
Best Management Practices, defined as a structural or nonstructural management -
based practice used singularly or in combination to reduce nonpoint source inputs
receiving waters in order to achieve water duality goals.
6. Watershed Administrator and Duties Thereof
The Claremont City Council shall appoint a Watershed Administrator, who shall be duly
sworn in. It shall be the duty of the Watershed Administrator to administer and enforce the
provisions of this Section as follows:
(A) The Watershed Administrator shall issue Watershed Protection Permits and Watershed
Protection Occupancy Permits as prescribed herein. A record of all permits shall be
kept on file and shall be available for public inspection during regular office hours of
the Aclnlinistrator.
t(B) The Watershed Acirninistrator shall serve as staff to the City COlrnell.
(C) The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall provide copies of all amendments
upon adoption to the Supervisor of the Classification and Standards Group, Water
'I Quality Section, Division of Environmental Management.
(D) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Section, exercising in the fulfillment of his responsibility the full
zoning and police power of the City of Claremont. The Watershed Administrator, or
his duly authorized representative, may enter any building, structure, or premises, as
provided by law, to perform any duty imposed upon him by this Section.
(E) The Watershed Aclnlinistrator shall keep a record of variances to the local Water
1� Supply Watershed Protection Ordinance. ']'his record shall be submitted to the
Supervisor of the Classification and Standards Group, Water Quality Section, Division
o1 F'11vlroil lnental lNiarlagclllent ar11LUa11V and shall provide a description of I
each
'1 pro.icct reCClving a val-Mllcc i11l(1 the reasons lOr 1-arlting the vai-111II1cu.
1 (F) The W,Ilcrslled AcllnIll islr�llw- shall keep record of Special Density ;loci Trallsl'urrc(l
11 Density AIIocatlolls, and rclated (naps designating high (tensity devulopincnt Finds ,and
pi rinallcntly rt;stnctcd lands.
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7
8
Attachment 2
Appeal from the Watershed Administrator. Ill
(A) Any order, requirement, decision or determination made by the \Vatershed
Administrator may be appealed to the Board of Adjustment. ■;
(B) An appeal from a decision of the Watershed Administrator must be submitted to the
Board of Adjustment within thirty (30) days from the date the order, interpretation,
decision or detennination is made. All appeals must be made in writing stating the
reasons for appeal. Following submission of an appeal, the Watershed Administrator
shall transmit to the Board all papers constituting the record upon which the action '
appealed from was taken.
(C) An appeal stays all proceedings in furtherance of the action appealed, unless the
officer from whom the appeal is taken certifies to the Board after the notice of appeal
has been filed with him, that by reason of facts stated in the certificate, a stay would in
his opinion cause imminent peril to life or property. In such case, proceedings shall
not be stayed otherwise than by a restraining order which may be granted by the Board
or by a court of record on application of notice of the officer from whom the appeal is
taken and upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to
the parties and shall decide the same within a reasonable time.
Powers and Duties of the City Council and Board of Adiustment.
A The Board of Acl�ustment shall be responsible for reviewing and hearing all minor and
( ) J I g g
major watershed variance cases. When hearing minor variance cases, the Board shall
proceed as provided in Article Xl of the Zoning Ordinance for variances.
(B) If the application calls for the granting of a major watershed variance, and if the
Board of Adjustment decides in favor or granting the major watershed variance, the
Board shall prepare a preliminary record of the hearing with all deliberate speed. The
preliminary record shall include:
(1) The variance applications;
(2) The hearing notices;
(i) The evidence presented; '
(4) iMotions, offers of Drool; ohjeclions to evidence, and rulings on them;
(5) Propos�;d findings <111d exceptions;
(6) The l�roposecl decision; including all conditions on the permit.
91
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Attachment 2
' (C) The preliminary record shall be sent to the I7nvironmental Management Commission
for its review as follows:
(l) [f the COrniiii$Siorl concludes 11-0111 the preliminary record that the var11117ce
dluald-ICS as a major variance and that (1) the property owner can Secure no
reasonable return from, nor make any practical use of the property unless the
' proposed variance is granted, and (2) the variance, if granted, will not result in a
serious threat to the water supply, then the Commission shall approve the
variance as proposed or approve the proposed variance with conditions and
stipulations. The Commission shall prepare a Commission decision and send it
to the Board of Adjustment. If the commission approves the variance as
proposed, the Board shall prepare a final decision granting the proposed
variance. if the Commission approves the variance with conditions and
stipulations, the Board shall prepare a final decision, including such conditions
and stipulations, granting the proposed variance.
(2) if the Commission concludes from the preliminary record that the variance
dualities as a major variance and that (1) the property owner can secure a
reasonable return from or make a practical use of the property without the
variance or (2) the variance, if granted, will result in a serious threat to the water
supply, then the Commission shall deny approval of the variance as proposed.
The Commission shrill prepare a commission decision and send itto the Board
of Adjustment. The Board shall prepare a final decision denying the variance as
proposed.
(D) Approval cif all development greater than the low density option shall be the authority
of tile Claremont City Council.
' 9. Appeals from the City Councillor Board of AdljUStrnent.
Appeals from the City Council or Board of Adjustment must be filed with the Superior
Court within 30 days from the date of the decision.
'10. Special Density Allocation and Transferred) Density Allocations.
4
(A) Development densities exceeding the low density development options permitted
by ' Sections 9-3-32 through 9-3-d0 of this Ordinance shrill be permitted only by the
ui City Concil, subject to the provisions of 9-3-1 10(10)(B)'through 9-3-1 10(16).
'j (B) 'Pell percent (10",,) ol, the WS-IV Protected Area within tiw jurisdiction ol- this
Ordimmcc shay be devclopeel %%,Ith up to seventy percent (70%) 1111pcc-Vtous tittrf'rcc
,u-ca when approvcd as .r Special Deiisity Alloc,ilion (SDA). New dcvclopmciit ,mid
expansions to existing developlitenl may strtblish up to one hundlred hcrcent
(100°/�) built -upon ,u-e�t MIC11 ,ihproved tts a Special Denstly Alloc,ilion (SDA) or
Tr{snslcrred Density Allocationi (TDA).
'� 92
11
1
Attachment 2
Transferred Density Allocation l'ennit _Applications. '
(A) Transferred Density Allocations allow the incorporation of undeveloped lands area
to be included in the calculation of density or built -upon area for a specific
development project upon application by the owners of the affected properties,
subject to applicable Sections of this Ordinance. '
(B) Undeveloped Iand areas proposed for incorporation into the density or built -upon
area calculation shall meet the following criteria:
(1) The acreage of undeveloped land incorporated into the density calculation
for a development project shall be no less than the acreage by which the '
project exceeds the low density standards of Sections 9-3-32 through 9-3-40
of this Ordinance.
(2) The average density of all parcels involved in a single TDA permit shall not
exceed the density standards of Sections 9-3-32 through 9-3-40 of this '
Ordinance, unless the development project for which the TDA is secured is
also subject to an Spectak Density Allocation permit as authorized by
Section 9-3-110(l 1)- 'I
(3) Projects to the protected area may incorporate undeveloped land elsewhere
in the protected area or critical area under the jurisdiction of this Ordinance. '
(4) Projects to the critical area shall incorporate only undeveloped land
elsewhere in the critical area under the jurisdiction of tills Ordinance. 'I
(S) Undeveloped land incorporated in the density calculation for one Ilff
development project shall not be included in the density calculation for any 'I
existing; or proposed project.
(6) The use of undeveloped floodplain land, steep slopes, or other ,
environmentally sensitive lands is encouraged. All
such ]and maintain a
continuous vegetative cover.
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f1ttachn►ent 2
Claremont. No such agreement shall be accepted without approval of the City
Attorney as to the Icgal sufficiency of the documents ►evolved.
(I} At tic time the Watershed Administrator issues the TDA permit, the density
transfer agreement shall be caused to be recorded by the City in the office of the
Catawba County Register of Deeds and filed with the offices of the Watershed
Administrator. Applicants for TDA permits shall be responsible for all filing fees.
(F) 'l,he pattern of development and the density transfer agreement between owners
shall not be changed except by the issuance of a new TDA permit in the manner
' herein described.
1
12. Special Density Allocation_{SD&Standards.
The City Council shall have the authority to approve Special Density
Allocations up to ten
(10) acres for an individual development project. Tie following performance criteria shall
be used to evaluate all SDA.development proposals: Projects must
obtain a total of at least
125 points to qualify for an SDA permit. The City Council
may require that SDA
proposals meet any of the specific performance criteria Iisted below:
Performance Criteria for SDA and TDA permits: Point Values
Landscaping areas equal to 5% of pavement area:
15
Landscaping areas equal to 10% of pavement area:
30
I3uffc►-ing along zoning bolt►ldariCs as defined in Sec. 9-3-40.7:
20
Building design (facade) as per staff recommendations:
35
Sidewalks (4.5-foot wldtl►) along abutting or new streets,
One side of street:
20
'
Both sides of street:
40
Sidewalk right-of-way (6-foot width) along streets,
One side:
5
Both sides-.
10
'
Thoroughfare right -of -Way donation: 30
Decorative lighting for streets and parking areas, other than
standard wooden pole design:
20
'1
Turn lanes, subject to City and NCDOT approval:
25
Nlulti-story building development:
20
Parking under building:
30
;j
JJ
Drainage filtered through 100-foot vegetated buffer: 30
Development located in (-)I or C13 zoning district.:
20
Dcveloputctit loualed iit GB or 1-1 r,otting district:
15
]�c�'t luptrtent locisted in EIVI or Floating zoning district:
15
Planned IJnit, Croul) Project or Cluster DCvCIOpntcnI:
25
'l
Tar base added; S'250,000 - I million:
10
One additional Joint for etch '� l nlillioe of addccl tax
1)RSe Ul) to iS CnilyIltlUill 1)(Ant Vienne 01:
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13.
Attachment 2
Curb and gutter streets/parking: 30
Incorporation of Transferred Density Allocation process: 25
Dedication of Permanent Conservation Easement: One point
for each l % of the tract included ii7 (lie conservation
easement, based on size of tract at time of' permit, up
to a maximum point value of: 30
Other criteria specified by the City Council: 30
Special Density Allocation (SDA)Permit Applications.
(A) A Special Density Allocation Permit shall be required for new development and
expansions to existing development exceeding the requirements of the low density
development options of Sections 9-3-32 through 9-3-40 of this Ordinance.
(B) Application for a Special Density Allocation Permit shall be addressed and
submitted to the City Council through the Watershed Administrator. Application
for a Special Density Allocation Permit shall be made on the proper form and shall
include the following information-
(1) A completed Special Density Allocation Permit Application signed by the
owner of the properties involved. The signature of the consulting engineer
or other agent will be accepted on the application only if accompanied by a
letter of authorization;
(2) Ten (10) reproducible copies of the development plan, including any
applicable information listed in Article E;
(3) When required by law, written verification that a Sedimentation/Erosion
Control Plan has been approved by the appropriate State or local agency;
(C) Prior to taking final action on any application, the Watershed Administrator may
provide an opportunity to the City Council's Economic Development Committee or
other public agencies affected by the development proposal, to review and make
recommendations on the application.
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(D) Public Hearing. Upon receipt of a completed application, the City Council shall '
hold a public hearing. Notice of the hearing shall be published in a newspaper of i
general circulation at least seven days prior to the date of the hearing. The notice
shall statc tile general intent of the hearing and the time and place of the hearing. I
(17) The City Council nrsy issue a Special Dciisity Allocation 1)cnnit within sixty -live
(65) days of its first consideration upon finding that the proposal is consistent with
the applicable standards set forth in Section 9-3-1 10(12). if a rcgticst is denied, the i
applicant may redesign and resubmit the proposal.
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Attachment 2
' (F) In addition to any other I-cquirements provided by this Section, the City Council
iwiy designate additional permit conditions and rccluircrtlents to assuE'e that the use
will be barnlolilous with the area In which it is proposed to be located and with the
' spirit of this Section. All additional conditions shall be entered in the inlnutus of
the meeting at which the permit is granted, on all plaits and On the permit
certificate. All conditions so imposed shall run with the land and shall be binding
' upon the applicant and the applicant's heirs, successors or assigns during the
continuation of the permitted use. if the City Council finds that any of the
conditions are not met, they may revoke the permit.
(C) The Council may issue a written ruling and make copies available at the office of
the Watershed Administrator. If the Board approves the application based on its
' findings, such approval shall be indicated on the permit and the original copy of the
site plan. A copy of the permit and one copy of all plans shall be kept on file at the
Watershed Administrator's office. The original permit and one copy of each set of
' plans shall be delivered to- the applicant either by personal service or registered
tllail.
'
13. Posting of Financial Security.
(A) The City Council play require the posting of a performance bond or other
acceptable security as required in Section 9-3-110(13)(B) below prior to the
'
issuance of a Special Density Allocation Permit to insure the cotllpletioll of
improvements and performance criteria required under Section 9-3-1 10(10) and 9-
'
3-1 10(1 1). Interest accrued from such financial security shall be the property of the
City of Claremont.
(13) Firlallcial assurance shall be in the form of the following:
The Permit applicant shall obtain either a performance bond front a surety bonding
company authorized to do business in North Carolina, an irrevocable letter of credit
or other instrument readily convertible into cash at face value payable to the City of
Claremont or placed in escrow with a financial institution designated as an official
depository of the City of Claremont. The bond or other instrument shall be in an
aiiiount ccluM to 125 percent- of the total cost of the improvements and performance
criteria specified by Section 9-3-1 10(10) and 9-3-1 10(1 1), as estimated by the: City
1711glnCel'. The total Cost Of the lillprovenlents shall HIClude the ValliC 01' all
111a1CI-MIS and (.)tile]- Strletilres; seeding zinc[ soil stabilization; design and
engineering; and, grading, excavation, fill, etc. The costs shall not be prortacd as
part of a larger project, but rather under the assumption of an inchependcnt
��
lni:�l)iliz�ltidnl.
{(!} Default ill{ICF the perforrr1a11cc b0ild tar Olher security.
Ul)O11 delilillt of talc I)Cr11111 i11)1llc"int to conlilete alldl/0r Illallltaill the IMP1,0VC111cllts
sjaeu1l1cd under Section 9-3-1 10(10) and 9-3-110(11), the City ()f Claremont may
11 96
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14.
Attachment 2
obtain and use all or any portion of tlic funds necessary to complete the
improvements based on the City Engineer's estimate. The City of Claremont shall i
return any funds not spent in completing the improvements to the owning entity.
Remedies. I
(A) If any subdivision, development and/or land use is found to be in violation of this ,!
Ordinance, the City may, in addition to all other remedies available either in law or j
in equity, institute a civil penalty in the amount of $50, institute actions or
proceedings to restrain, correct, or abate the violations; to prevent occupancy of the
building, structure, or land; or to prevent any illegal act, conduct, business, or use
in or about the premises. In addition, the N.C. Environmental Management
Commission may assess civil penalties in accordance with G.S. 143 - 215.6(a).
Each day the violation continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this Ordinance '
are being violated, he shall notify in writing the person responsible for such
violation, indicating the nature of the violation, and ordering the action necessary to
correct it. He shall order discontinuance of the illegal use of land, buildings or '
structures; removal of illegal buildings or structures, or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done; or shall '
take any action authorized by this Ordinance to ensure compliance with or to 1
prevent violation of its provisions. If a nding of the Watershed Administrator is
questioned, the aggrieved party or parties may appeal such riling to the Board of '
Adjustment.
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Attachment 2
1
15, Sanctiolls.
'
h1 addition to the renle{lies described In Section 9-3-110(14) of this Ordinance
and consistent with G.S. 160A-175, the Claremont City Council Inay seek
etlibrcClllcilt of, (III's Ordinance by assessing a Civil penalty to be rccovered by the
City In it 1:1VII tIC6011 In the nature of debt ifthe offender (foes not pity the penalty
in a prescribed period of time after being cited for violation of the Ordinance.
Such violation may be enforced by an appropriate equitable remedy issuing from
'
a court of competent jurisdiction. "The court may issue an injunction and order of
abatement commanding the defendant to correct the unlawful condition upon or
cease the unlawfid use of the property. The action shall be governed in all
respects by the laws and rules governing civil proceedings, including the rules of
Civil Procedure in general and Rule 65 in particular. If the defendant fails or
refuses to comply with an injunction or with an order of abatement within the
time allowed by the court, the defendant may be cited for contempt and the City
may execute the order of abatement. The City shall have a lien on the property for
the cost of executing an order of abatement in the nature of a mechanic's and
materialnian's lien. The defendant may secure cancellation of an order of
abatement by paying all costs of the proceedings and posting a bond for
1
compliance with the order. The bond shall be given with sureties approved by the
Clerk of Superior Court in an amount approved by the judge before whom the
matter is heard and shall be conditioned on the defendant's full compliance with
the terms of the order of abatement within it time fixed by the judge. Cancellation
'if
I
of an order of abatement shall not suspend or cancel an injunction Issued In
C011jElI1CtiOn therewith. Enforcement of this Ordinance may be by any one, all or it
combinallon of the remedies aUthori ed In this Ordinance. Each day's continuing
�l
violation shall be ,I separate and distinct offense.
16. Effective Date.
Section 9-3-110 of this Ordinance shall take effect and be in force on October 1,
! 1993. Amendments regarding Special Density Allocations and 'Transferred
Density Allocation shall take effect and be in force on March 4, 1996,
I
I
I
11
1 98
ATTACHMENT 3
Claremont Organizational Chart
I
I
11
Attachment 3
1
I
I
I
n
City of Clareniont
Qruanizatlonitl Chart
Nanie
Title
Term Expires
City Council
Glen Morison
Mayor
12/05
James P. Stanley
Pro 'rein/Council
12/07
Tim Lowrance
Council
12/05
David Morrow
Council
12/07
Judy Setzer
Council
12/05
Nicky Setzer
Council
12/07
Plann�n Boars!
;�: :e t r f,
Robert Smith
Chairman
11/04
Larry Pannel
Vice Chair
08/05
Emmett Clark, Sr.
Board Member
1 1/05
D. Nick Colson
Board Member
03/05
Ronald Cox
Board Member
03/05
Diana Foster
Board Member
04/06
Franklin Harris
Board Member
1 1/04
Dale Sherrill
Board Member
04/06
Jack Ledford
Alternat
05/07
Sxti
Doris Bumgarner
Interim Manager/Clerk
NA
ltoberth Grant
Attorney
NA
Corey Teague
City Planner
NA
II
ATTACHMENT 4
EPA Stormwater Management Fact Sheet
Attachment 4
United States Office of Water 832-F-99-046
Environmental Protection Washington, D.C. September 1999
Pcgency
�0
=EPA Storm Water
Management Fact Sheet
Visual Inspection
DESCRIPTION ADVANTAGES AND DISADVANTAGES
Vistral inspection is a Best Management Practice
(BMP) in which members of a Storm Water
Pollution Prevention Team visually examine
material storage and outdoor processing areas, the
storm water discharges from such areas, and the
environment in the vicinity of the discharges, to
identify contaminated runoff and its possible
sources.
In a visual inspection, storrtl writer runoff may be
examined for the presence of floating and
suspended materials, oil and grease, discoloration,
turbidity, odor, or loam; and storage areas may be
inspected for leaks front containers, discolorations
on the storage area floor, or other indications of a
potential for pollutants to contaminate storm water
ninoff.
Visual inspections may indicate the need to modify
a facility to reduce the risk ofcontanllnatingninoft.
APPLICA1:31 L1TV
The U.S. E-M Iltrs recognized visual inspection as
a baseline 13NIP for over 10 years. Its
implenlentat:ion, however, has been sporadic.
Implementation niay incrc;ase as more flrcilities
develop Slot -III Walut, Pollution Prevention flans.
Inlpletncnlet( Ioil ur.ry also increase as facility
inallagetnent I—L cGogrrizus visu.rl inspection Ice be
eflwivc both in protecting %valcr cltmlity "utd in
reducing costs.
Visual inspections are an effective way to identify
a variety of problems. Correcting these problems
can improve the water quality of the receiving
water.
Limitations associated with visual inspections
include the following:
• Visual inspections are effective only for
those areas clearly visible to the human eye.
• The inspections need to be performed by
qualified personnel.
• To be effective, inspections must be carried
out routinely. This requires a corporate
commitment to implementing therlt.
• Inspectors need to be properly motivated to
perform a thorough visual inspection.
KEY PROCRAM COMPONENTS
Visual iuspc.ctions for sigtls Of storm water
contilE111nat7011 should be perf0rrllcd rout.illely.
Mows should be obsctvcd daring dry periods to
determine the presence of any stains, sludge, odors,
and other abnormal conditions.
VISIMI inspec IOIIn should also be irl'ide at all storm
water discharge oullet locations dill-Ing the first
hour of a sturill event, once rr.inoi'l' less retichccl its
nla,\irr1ur11 110w rate. lrlspectors should examine the
discharge for the presence ol' lloating and.
suspended materials, oil and grcasc, disC410r,IIwil,
turbidity, foam, or oclor.
inspection frequency interval may be deternnitied by
the storm water discharge permit, by storm
freq(Icncy, or by the potential risk from the site.
inspections should be made at least once a month in
areas with frequent storms; Inspections may be less
frequent where storms are less frequent. Finally,
inspection frequency may be based in part on the
history of previous spills and leaks. Experienced
personnel should evaluate the causes of previous
accidents, assess the risks for future accidents, and
determine an inspection schedule based on these
risks.
Proper records of inspection results must be kept.
The record for each inspection should include the
date of the inspection, the names of the personnel
who performed the inspection, and their
observations.
Visual inspections of a facility should focus on the
following key areas:
• Storage facilities.
• Transfer pipelines.
Loading and unloading areas.
• Pipes, pumps, valves, and fittings.
• Tanks (including internal and external
inspection of the tank for corrosion and
inspection of its support or foundation for
deterioration).
• Primary or secondary containment facilities
• Shipping containers.
In addition, a visual inspection should include
assessing the integrity of the storm water collection
system; checking I err leaks, seepage, and overflows
from Sludge and waste disposA sites; 'srnd ensuring
that dry chemicals and drlst front industrial arezls is
not exposed In wind or ollicr clersreIrts that niay mo�c
thertr int() 117t runoff.
IMPLEMENTATION
A visual inspection BN1P program should be
incorporated into every storm water discharger's
record keeping and internal reporting structure.
Outfall flow rates and the presence of oil sheens,
tloatables, coarse solids, color, and odors will
probably be the most useful indicators of potential
problems. Specific parameters to look for in
completing a visual inspection include the
following:
• Odor: Discharge odors can vary widely.
Some may indicate the source of
contamination. Industrial discharges may
smell like a particular spoiled product, oil,
gasoline, a specific chemical, or a solvent.
For example, the decomposition of organte
wastes in a discharge will release sulfide
compounds, creating an intense smell of
rotten eggs. Significant sanitary
wastewater contributions will also cause
pronounced and distinctive odors.
• Color: Color may indicate inappropriate
discharges, especially from industrial
sources. Industrial discharges may be any
color. Dark colors, such as brown, gray, or
black, are most common. For instance,
flow contaminated by mcat processing
industries is usually a (feel) reddish -brown.
Paper mill wastes (plating -mill wastes) are
often yellow. Wash water from cement and
stone working plants can cause cloudy
discharges. Contamination from industrial
areas may come from process waters (slug
or contimtous discharges); from equipment
and work area wash water discharged to
floor drains; or from spills washed into
storm drains.
'I'urbidily: Turbidity is o[tcn afl,cctcd by the
degree of gross contaminati0rr. Industrial
flows can be cliarldy (nrodurately turbid) ol-
opaquc (highly turbi(1). Undiluted industrial
discharges, such as those comilrg frorrr
continual flow sources or inlcrmittertt spills,
arc often highly turbid. Salnitill �' 1VtrslE W�llc I
IS also often cloudy in nature.
Attachment 4
I- loatable platter: A contaminated flow may
also contain floatable solids or liquids.
Idelttifyiltg floatables can aid in finding the
source of tllc coritanllnation, because these
substances are USually direct products or
byproducts of-thc Illantlfacturing process or
the sanitary systcnl. Lxamples of floatables
of ilxlustrial origin me arlitnal Cats, spoiled
food products, oils, plant parts, solvents,
sawdust, foams, packing materials, and fuel.
Deposits and Stains: Deposits and stains
(residues) are any type of coating that
remains after a non -storm water discharge
has ceased. Deposits or stains usually are of
a dark color and usually cover the area
surrounding the storm water discharge.
They often contain fragments of (loatable
substances, and, at times, take the form of a
crystalline or amorphous powder. For
example, contamination from leather
tanneries often produces grayish -black
deposits containing fragments of animal
flesh and hair. Another characteristic
example is the coating of white crystalline
powder brined on sewer outtalk by
.nitrogenous fOrtilizer wastes.
Vegetation: Storm water discharges often
affect surrounding vegetation. Industrial
pollutants often cause it substantial
alteration in the chemical composition and
pH of the discharge water, which can affect
plant growth even when the source of
contamination is intermittent. Forexarnple,
nutrients from various food product wastes
increase plant growth. In contrast, the
discharge of chemical dyes and inorganic
pigments from textile mills may decrease
vegetation, as these discharges are often
very acidic. In either case, even when the
pollution source is gone, the vegetation
surrounding the discharge will continue to
show the cll'ccts of - the contairlination.
In order to accln',Itely judge If'thc VCgO,111011
. surrounding is disch�age is normal, file
observer must take into account recent
weather conditions, as well as the time of
year. Incl'easCll or irshibitcd plant growth
near storm water discharges, as well as dead
and decaying plants, is often a sign of
pollution. I-lowcvCr, it is important to
LhStillgtliSh WhethCI' plant danlagC is caused
by contamination or by the physical effects
Of ilfcrcased flows, such as scour. 'I'lits can
be done by chemically analyzing the flow or
by confirming its sourcC through additional
visual inspections.
Structural Damage: Structural damage is
also a sign of industrial discharge
contamination. Cracked or deteriorated
concrete or peeling surface. paint at an
outfall usually indicates the presence of
severely contaminated discharges.
Contaminants causing this type of damage
are usually very acidic or basic and are
usually of industrial origin. For instance,
discharges from primary metal industries
may cause structural damage because their
batch dumps are highly acidic.
The effectiveness visual inspections in reducing
storm water runoff contamination is highly variable
and dependent upon site -specific parameters.
"These factors include inspectors' motivation level,
the types of industrial activity occurring at (lie
facility, and the facility's maintenance procedures.
Because familiarity with facility operations is
essential in performing effective visual inspections,
the inspections should'be assigned to qualified staff
such as maintenance personnel or environmental
engineers. Figure I provides a sample visual
evaluation workshect that can be used to record the
results of the inspections.
COSTS
Costs IorpCI-foI'nling the visual InspCCtton IMVIP are
minimal and consist of direct labor and overhead
cysts for staff flours spent on training, planning
inspections, inspecting, and completing f011ow till
�Ictivitics, Annual costs can he estinnated using the
uxamplc in `fable I. I"Igure 2 can be used Is a
worl<shcct to calcul,Itc the estimated ;rnntlal cost #-0r
ilnplcrncnling a visklnl inshuction program.
Outfall # Photograph #
Location:
Weather: air temp.: °C rain: Y N Sunny
Outfall flow rate estimate: Usec
Known industrial or commercial uses in drainage area? Y N
Describe:
PHYSICAL OBSERVATIONS
Odor: none
sewage sulfide
Color: none
yellow brown
Turbidity: none
cloudy opaque
Floatables: none
petroleum sheen
oil gas
green
Deposits/stains: none sediment
Vegetation conditions: normal excessive growth
extent:
Damage to outfall structures:
identify structure:
sewage
oily
Date:
cloudy
rancid -sour other:
gray other: _
other:
describe:
inhibited growth
(collect sample)
. (collect sample)
damage: none 1 concrete cracking t concrete spaliing 1 peeling paint t corrosion
other damage:
extent:
Source: Pitt, et. al, 1992,
FIGURE 1 VISUAL INSPECTION WORKSHEET
REFERENCES
1. California Environmental Protection
Agency, t992. Staff Proposal for
Modification to Water Quality Order No.
91-13 DWQ Waste Discharge
Requirements for Dischargers of Storm
Water Associated with industrial Activities,
Draft Wording, �%Joiiitoritlg Prol;ram and
[ZCJNAIing [Zequirem:nts.
3. U.S. EPA, 1981. NPDES BMP Guiclalrce
Document.
q. U.S. EPA. Pre-print, 1992. Storm Yvclter
Management far Inclt.rstrial Activities:
Developing Pollution Prevention Plans and
Best .Management Practices. EPA 832-R-
92-006.
A1)1)FH0NAL IN1`01ZI NIAl lf_}N
2. Pitt It , D. Btrrhe, 1). Adrian, mid Rt Fic1d, Center 1,01- Watershcd Protccti011
1992. Investigation q> 171oppropricae T0111 Sclitueler
P011111colt 1'ruries hao Storm Drainage 8391 Nlain Strect
S},vents-fl Uvers Guide. U.S. EPA; ] Bison, Elticott City, NID 21043
NJ.
Attachment 4
TABLE 1 EXAMPLE OF VISUAL INSPECTION PROGRAM COSTS
Title Quantity
Average
Overhead"
Estimated
Estimated
Hourly Rate
Multiplier
Yearly Hours
Annual Cost
($)
on SW
($)
Training
Storm Water Engineer 1
x 15
x 2.0
x 20
= 600
Plant Management 5
x 20
x 2.0
x 10
= 2,000
Plant Employees 100
x 10
x 2.0
x 5
- 10,000
TOTAL ESTIMATED ANNUAL COST
$12,600
'Note: Defined as a multiplier (typically
ranging between
1 and 3) that takes
into account those costs
associated with
payroll expenses, building expenses, etc.
Source: U.S. EPA, 1992.
Title Quantity Average Overhead Estimated Yearly Estimated
Hourly Multiplier Hours on SW Annual Cost($)
Rate ($) Training
x x x = (A)
x x x - (6)
x x x = (C)
x x x = (D)
Source: U.S. EPA, 1992.
FIGURE 2 SAMPLE INSPECTION PROGRAM COST WORKSHEET
Northern Virginia Planning District Commission SOLItlieastern Wisconsin Itegiowd Planning
David 13ulov,t C[�nt[tlissio>>
7535 1JItic River` tir[ihikc, Suite WO 1 ol) 1:3icbcl
Annandalu, VA 22003 )16 N. I--,[st Avcnuc, 1'.0. l3t �x 1607
1 ,,iLikcsha, 1V1 53187
Oklaliuma Dep,'u-imcnt i f I nvironntental i)ualily
Don tNlooncy ljnlled States Postal scl-vice
Nate[ f )uality Division, Storrs %hater (Jill[ Chan lcs Vidich
1'.0. Box 1677 6 Gi-iflin Road North
Oklahoma City, OK 73101-1677 Windsor, CT 06006-7030
The mention of trade names or commercial
products does not constitute endorsement or
recommendation l'or the Use by the U.S.
EnvironmentAl Protection Agency.
i
For more information contact;
Mtill IcipaI Tcc11ilology Branch
U.S. IPA
Mail Codc 4204
401 M.Si., S.W.
Washingicn, D.G., 20460
IMB
Excelkme in compkwKe thoujh optimal tech k,4 sowtions
MUNICIPAL TECHNOLOGY BRAN H� W