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ARTICLE VIII.
ENVIRONMENTAL CONSERVATION STANDARDS Summary: This Article sets forth standards for environmental protection and conservation in the Town of Waynesville's land use jurisdiction concerning a variety of different environmental issues. The Town of Waynesville possesses an abundance of unique natural assets. The standards set forth in this section address the enhancement and preservation of these important features.
TABLE OF CONTENTS
SECTION
154.400 Flood Damage Prevention
154.401 Sedimentation and Erosion Control
154.402 Stormwater Management
154.403 Hillside Protection
154.404-154.499 Reserved.
154.400 FLOOD DAMAGE PREVENTION (A) Purpose and Applicability. (1) Purpose. (a) Findings of Fact.
• The flood hazard areas located within the jurisdiction of the Town of Waynesville are subject to periodic inundation. Such inundation may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services and extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
• These flood losses are caused by the cumulative effect of obstructions in the floodplains causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damage. (b) Purpose.
• It is the purpose of the flood damage prevention regulations found in this section, to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas.
• This purpose will be accomplished thorough standards designed to: 1. Restrict and prohibit uses that are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities. 2. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of the initial construction. 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters. 4. Control filling, grading, dredging and other development that may increase erosion or flood damage. 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (c) Objectives.
• The objectives of the flood damage prevention regulations contained in this section are as follows. 1. To protect human life and health. 2. To minimized expenditure of public money for costly flood control projects. 3. To minimized the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. 4. To minimize prolonged business interruptions. 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains. 6. To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas. 7. To insure that potential home buyers are notified that property is in a flood area. (2) Applicability. (a) Lands to Which This Section Applies/Interpretation.
• This section (Section 154.400) shall apply to all areas of special flood hazard within the jurisdiction (corporate limits and extraterritorial jurisdiction) of the Town of Waynesville.
• In the interpretation of this section all provisions shall be:
• Considered as minimum requirements.
• Liberally construed in favor of the governing body.
• Deemed neither to limit nor repeal any other powers granted under state statutes. (b) Basis for Establishing the Areas of Special Flood Hazard.
• The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Study dated July 6, 1982, with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary Floodway Maps dated January 6, 1983 and other supporting data, and any revisions thereto, are the basis for establishing the areas of special flood hazard.
• All of the aforementioned documents and maps and any revisions thereto, are adopted by reference and declared to be a part of this section.
• The Areas of Special Flood Hazard also include those defined through standards engineering analysis for private developments or by government agencies, but which have not yet been incorporated in the FIRM. This includes detailed flood information generated as a requirement of this section.
• Upon annexation to the Town of Waynesville or inclusion in the extraterritorial jurisdiction (ETJ), the Special Flood Hazard Areas identified by the Federal Emergency Management Agency (FEMA) and/or produced under the Cooperating Technical State agreement between the State of North Carolina and FEMA as stated above, for the unincorporated areas of Haywood County, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this ordinance. (c) Floodplain Development Application, Permit and Certification Requirements
• In areas to which this section is applicable, no structure or land shall hereafter be located extended, converted or structurally altered without full compliance with the terms of this section and all other applicable regulations.
• The application for a Floodplain Development Permit shall be made to the planning staff prior to any development activities conducted within a Special Flood Hazard Area. The application shall include a plot plan drawn to scale which provides the following minimum items: • The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures; utility systems; grading/pavement areas; fill materials; storage areas, drainage facilities, and other development.
• The boundary of the Special Flood Hazard Area as delineated on the FIRM, or, a statement that the entire lot is within a Special Flood Hazard Area.
• Flood zone(s) designation of the proposed development area as determined on the FIRM.
• The boundary of floodway(s) or non-encroachment areas.
• The base flood elevation (BFE) if applicable.
• The old and new location of any watercourse that will be altered or relocated as a result of the proposed development.
• Certification of the plot plan by a registered land surveyor or professional engineer.
• Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures.
• Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or A0 will be floodproofed.
• Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed.
• If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) along with detailed back-up computations and operational plans that specify the location on a FIRM panel within the warning time available, and maintenance of floodproofing measures assuring their effectiveness when installed. The Floodproofing Certificate, back-up computations, and operational plans shall be certified by a registered professional engineer or architect to ensure the non-residential floodproofed development will meet the required floodproofing criteria.
• A foundation plan drawn to scale which shall include: details of the proposed foundation system to ensure all provisions of this ordinance are met; the proposed elevation if applicable (i.e. fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls; openings to facilitate equalization of hydrostatic flood forces on walls when solid foundation perimeter walls are used in Zones A, A0, AE, and A1-30.
• Useage details of any enclosed areas below the regulatory flood protection elevation.
• Plans and/or details for the protection of public facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.
• Copies of all other local, state, and federal permits required prior to floodplain development permit issuance (Wetlands, Endangered Species, Erosion and Sedimentation Control, Riparian Buffers, Mining, etc.)
• Documentation for replacement of Recreational Vehicles and/or Temporary Structures, when applicable.
• A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on a plot plan) showing the location of the proposed watercourse alteration or relocation.
• A floodplain development permit, available from the Planning Department, shall be required in conformance with the provisions of this section prior to the commencement of any development or alteration of property activities. The floodplain development permit shall include, but not be limited to:
• A description of the development;
• The Special Flood Hazard Area of the development;
• The regulatory flood protection elevation;
• All certification submittal requirements with timelines;
• A statement that the development will not encroach into the floodway of any watercourse;
• The minimum opening requirements if the development is located in the A or A1-30 flood insurance rate zones;
• Limitations of below BFE enclosure uses if applicable (i.e., parking, building access and limited storage only). (d) Certification Requirements
• Elevation Certificate (FEMA Form 81-31) is required prior to
the actual start of any new construction. It shall be the duty of
the permit holder to submit to the planning staff a certification
of the elevation the reference level, in relation to mean sea
level. Elevation certification shall be prepared by, or under the
direct supervision of a registered land surveyor or professional
engineer and certified by same. The planning staff shall review
the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder prior to the
beginning of construction. Failure to submit the certification
or failure to make required corrections shall be cause to deny
a floodplain development permit.
• An Elevation Certificate (FEMA Form 81-31) or
Floodproofing Certificate (FEMA Form 81-65) is required
after the referenced level is established. Within seven (7)
calendar days of establishment of the reference level elevation,
it shall be the duty of the permit holder to submit to the
planning staff a certification of elevation of the referenced
level, in relation to mean sea level. Elevation certification shall
be prepared by, or under the direct supervision of, a registered
land surveyor or professional engineer and certified by same.
Any work done within the seven (7) day calendar period and
prior to the submission of the certification shall be at the permit
holder?s risk. The planning staff shall review the certificate
data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to further
work being permitted to proceed. Failure to submit the
certification or failure to make required corrections shall be
cause to issue a stop work order for the project.
• A final ?as-built? Elevation Certificate (FEMA Form 81-31)
is required after construction is completed and prior to the
Certificate of Compliance/Occupancy issuance. It shall be the
duty of the permit holder to submit to the planning staff a
final elevation certification for the ?as-built? construction,
including the referenced level of all attendant utilities. The
elevation certification shall be prepared by, or under the direct
supervision of a registered land surveyor or professional
engineer and certified by same. The planning staff shall
review the certificate data submitted. Deficiencies detected
by such review shall be corrected by the permit holder
immediately and prior to the Certificate of Compliance/
Occupancy issuance. In some instances another certification
may be required to certify corrected ?as-built? construction.
Failure to submit the certification or make required corrections
shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
• If non-residential floodproofing is used to meet the regulatory
flood protection elevation requirements, a Floodproofing
Certificate (FEMA Form 81-65) is required prior to the actual
start of any new construction. It shall be the duty of the permit
holder to submit to the planning staff a certification of the
floodproofed design elevation of the referenced level in
relation to mean seal level, and, the floodproofed level of all
attendant utilities. Floodproofing certification shall be
prepared by or under the direct supervision of a professional
engineer or architect and certified by same. The planning
staff shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the permit
holder prior to the beginning of construction. Failure to
submit the certification or failure to make the required
corrections shall be cause to deny a floodplain development
permit. Failure to construct in accordance with the certified
design shall be cause to withhold the issuance of a Certificate
of Completion/Occupancy.
• If a manufactured home is placed within Zone A, A0, AE, or
A1-30 and the elevation of the chassis is more than 36 inches
in height above grade, an engineered foundation is required. (e) Alteration or Relocation of Waterocourse
• If a watercourse is to be altered or relocated, a description
of the extent of the watercourse alteration or relocation;
an engineering report on the effects of the proposed project
on the flood-carrying capacity of the watercourse and the
effects to properties located both upstream and downstream;
and a map showing the location of the proposed watercourse
alteration or relocation shall all be submitted by the permit
applicant prior to the issuance of a floodplain development
permit. (f) Abrogation and Greater Restrictions/Disclaimer of Liability.
• This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another provision of this chapter or any easements covenants or restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
• The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased my manmade or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the town or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made pursuant to this section. (B) Standards for All Areas of Special Flood Hazard. (1) General Provisions.
• In all areas of special flood hazard the following standards apply. (a) New Construction and Substantial Improvements.
• New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
• New construction and substantial improvements located below the regulatory flood protection elevation shall be constructed with materials and utility equipment resistant to flood damage.
• New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (b) Mechanical Equipment and Utilities.
• Electrical, heating, ventilation, plumbing, air condition equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
• New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system
• New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
• Onsite waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (c) Alterations and Nonconforming Structures.
• Any alteration, repair, reconstruction or improvements to a structure that is in compliance with the provisions of this chapter, shall meet the requirements for new construction as contained in this section.
• Nonconforming buildings or uses may not be enlarged, replaced or rebuilt unless such enlargement or reconstruction is accomplished in conformance with the provisions of this section and Article X. of this chapter. Provided, however, that nothing in this section shall prevent the repair, reconstruction or replacement of a building or structure existing on the effective date of this chapter and located totally or partially within the floodway or stream setback. However, this shall only be true if the bulk of the building or structure below base flood elevation in the floodway or stream setback is not increased and provided that such repair, reconstruction, or replacement meets all of the other requirements of this section. (d) Prohibited Uses in the Floodplain.
• New solid waste disposal facilities, hazardous waste management facilities, salvage yards and chemical storage facilities are prohibited in the floodplain except as authorized by NCGS ?143-215.54(b).
• Structures or tanks for chemical or fuel storage incidental to a permitted use or to the operation of a water treatment or wastewater treatment facility are generally prohibited. Such tanks may be permitted only if the structure or tank is either elevated above base flood elevation or designed to be watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Specific Standards.
• In all areas of special flood hazard, the following provisions apply. (a) Residential Construction.
• New construction or substantial improvement of any residential structures (including manufactured homes) shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation.
• Should solid foundation perimeter walls be used to elevate a structure, openings equaling one (1) square inch for every one (1) square foot of floor area of the structure shall be provided.
(b) Nonresidential Construction.
• New construction or substantial improvement of any commercial, industrial or nonresidential structures shall have the lowest floor, including basement, elevated on lower than one (1) foot above the level of the base flood elevation.
• Structures located in numbered A zones, as indicated on the town's flood maps and studies, may be floodproofed to the flood protection level (as indicated in the town's flood insurance study) in lieu of elevation. This shall only be permitted provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
• A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Planning Department. (c) Manufactured Homes.
(The first bullet of the original text should be deleted)
• Manufactured homes that are to be placed or substantially improved on sites in an existing manufactured home park or subdivision not enumerated in the previous standard, must be elevated on reinforced piers or other structural elements. Such elevation must be completed so that the lowest floor of the manufactured home is no lower than one (1) foot above the base flood elevation. Additionally, these manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse and lateral movement.
• Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. For the purpose of meeting this requirement, such anchoring must be done in accordance with the State of North Carolina Regulations for Manufactured Homes, 1995 Edition and any amendments thereto adopted by the Commissioner of Insurance for the State of North Carolina.
• When the elevation requirement for a manufactured home is to be met by an elevation of the chassis thirty-six (36) or less above the grade at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification indicating that the home is adequately anchored is required.
• An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Planning Department and the local emergency management coordinator. (d) Recreational Vehicles.
• A recreational vehicle placed on a sites shall either:
• Be located on the site for fewer than one hundred and eighty (180) consecutive days and be fully licensed and ready for highway use; or,
• Receive a floodplain development permit from the Planning Department and meet all the requirements set forth in (B)(1) and (B)(2)(c) of this section. (e) Elevated Buildings.
• New construction or substantial improvements of elevated buildings that include fully enclosed areas that are usable solely for the parking of vehicles, building access or storage in an areas other than a basement and which are subject to flooding shall be designed to preclude finished living space and be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
• Designs for complying with the aforementioned standard for elevated buildings must either be certified by a professional engineer or architect or meet the following minimum criteria.
• Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding.
• The bottom of all required openings shall be no higher than one (1) foot above grade.
• Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
• Access to elevated buildings permitted by this subsection shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living areas (stairway or elevator).
• The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas. (f) Temporary Structures.
• Prior to the issuance of a floodplain development permit for a temporary structure, the following requirements must be met.
• All applicants must submit to the Planning Department, in writing, prior to the issuance of the development permit a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information.
• A specified time period for which the temporary use will be permitted.
• The name, address and phone number of the individual responsible for the removal of the temporary structure.
• The time frame prior to the vent at which a structure will be removed (i.e. minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification).
• A copy of the contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed.
• Designation, accompanied by documentation of a location outside the floodplain to which the temporary structure will be moved. (g) Accessory Structures.
• Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas).
• Accessory structures shall be designed to have low flood damage potential.
• Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
• Accessory structures shall be firmly anchored to prevent flotation, collapse, or lateral movement of the structure.
• Service facilities such as electrical and heating equipment shall be installed so as to prevent water from entering or accumulating within the component during conditions of flooding.
• Openings to relieve hydrostatic pressure during a flood shall be provided below base flood elevation in conformance with (B)(2)(e) of this section.
• An accessory structure with a flootprint less than 150 square feet that satisfies the criteria outlined above does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures. (C) Additional Standards for Floodways. (1) Purpose.
• Located within areas of special flood hazard are areas designated as floodways.
• The floodway is an extremely hazardous area due to the velocity of the flood waters which carry debris and potential projectiles and has erosion potential.
• The following provisions apply within floodway areas. (2) Standards.
• No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless it has been demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood. Such demonstration shall be provided through hydrologic and hydraulic analyses performed in accordance with standard engineering practice. Certification and technical data shall be provided to the Planning Department.
• If the standard listed above has been met, all new construction and substantial improvements shall comply with all other applicable flood damage prevention provisions of this section.
• No manufactured homes shall be permitted, except in an existing manufactured home park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards set forth in (B)(2)(c) of this section are met. For a replacement manufactured home to be permitted it must also be demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood as set forth in this subsection above. (D) Standards for Streams Without Established Base Flood Elevations and/or Floodways. (1) Applicability.
• Located within the areas of special flood hazard are small streams where no base flood data has been provided or where no floodways have been identified.
• The following provisions apply to these areas. (2) Standards.
• No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty (20) each side from top of bank unless the following certification is provided.
• Such fill, encroachment, construction or improvement may be permitted if certification, accompanied by supporting technical data is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. A registered professional engineer must provide the certification.
• If the aforementioned standards of this subsection [(D)(2)] are satisfied, and base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard ordinance provisions of this section.
• If the aforementioned standards of this subsection [(D)(2)] are satisfied, and base flood elevation data is not available from other sources, the lowest floor, including any basement, shall be elevated at least two (2) feet above the highest adjacent grade.
(E) Standards for Subdivision Proposals and Major Developments.
• Proposals for subdivisions and major developments shall be consistent with the need to minimized flood damage.
• Proposals for subdivisions and major developments shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
• Proposals for subdivisions and major developments shall have adequate drainage provided to reduce exposure to flood hazards.
• Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty (50) lots or five (5) acres. (F) Duties and Responsibilities of the Planning Staff
• Review all floodplain development applications and issue permits for all
proposed development within Special Flood Hazard Areas to assure the
requirements of this ordinance are satisfied.
• Advise applicants that additional Federal or State permits (Wetlands,
Endangered Species, Erosion and Sedimentation Control, Riparian Buffers,
Mining, etc) may be required, and require that copies of such permits be
submitted to the planning staff. Planning staff shall store the Federal and
State permits within the development folder.
• Notify adjacent communities and the State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency (FEMA).
• Assure that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished.
• Prevent encroachments into floodways and non-encroachment areas unless the
appropriate certifications are provided.
• Obtain actual elevation (in relation to mean sea level) of the reference level
(including basement) and all attendant utilities of all new or substantially
improved structures.
• Obtain actual elevation (in relation to mean sea level) to which the new or
substantially improved structures and all utilities have been floodproofed.
• Obtain actual elevation (in relation to mean sea level) of all public utilities.
• When floodproofing is used for a particular structure, obtain certifications
from a registered professional engineer or architect.
• Where interpretation is needed as to the exact location of boundaries of the
Special Flood Hazard Areas (for example, where there appears to be a
Conflict between a mapped boundary and actual field conditions), make the
necessary interpretation. The person contesting the location of the boundary
shall be given a reasonable to appeal the interpretation as provided in this
ordinance.
• When Base Flood Elevation (BFE) data has not been provided, obtain, review
and reasonably utilize any Base Flood Elevation (BFE) data, along with
along with floodway data or non-encroachment area data available from
Federal, State, or other source, in order to administer the provisions of this
ordinance.
• When Base Flood Elevation (BFE) data but no floodway nor non-
encroachment area data has been provided, obtain, review and
reasonably utilize any floodway data or non-encroachment area data
available from a State, Federal, or other source in order to administer
the provisions of this ordinance.
• When the exact location of boundaries of the Special Flood Hazard Areas
conflict with the current, natural topography at the site, the property owner
may apply and be approved for a Letter of Map Amendment (LOMA)
issued by FEMA. The planning staff must maintain a copy of the Letter
of Map Amendment (LOMA) issued by FEMA in the floodplain
development permit file.
• Permanently maintain all records that pertain to the administration of this
ordinance and make these records available for public inspection.
• Make on-site inspections of work in progress. As the work, pursuant to a
floodplain development permit progresses, the planning staff shall make as
many inspections of the work as may be necessary to ensure that the work
is being done according to the provisions of the local ordinance and the
terms of the permit. In exercising this power, the planning staff has a right,
upon presentation of proper credentials, to enter on any premises within the
jurisdiction of the community at any reasonable hour for the purposes of
inspection or other enforcement action.
• Issue stop-work orders as required. Whenever a building or part thereof is
being constructed, reconstructed, altered, or repaired in violation of this
ordinance, the planning staff may order the work to be immediately stopped.
The stop-work order shall be in writing and directed to the person doing the
work. The stop-work order shall state the specific work to be stopped, the
specific reason(s) for the stoppage, and the condition(s) under which the
work may be resumed. Violation of a stop-work order constitutes a
misdemeanor.
• Revoke floodplain development permits as required. The planning staff
may revoke and require the return of the floodplain development permit by
notifying the permit holder in writing stating the reason(s) for the
revocation. Permits shall be revoked for any substantial departure from the
approved application, plans, or specifications. The permit may also be
revoked for refusal or failure to comply with the requirements of State or
local laws, or, for false statements or misrepresentations made in securing
the permit. Any floodplain development permit mistakenly issued in
violation of an applicable State or Local law may be revoked.
• Make periodic inspections throughout all special flood hazard areas within
the land use jurisdiction of Waynesville. The planning staff shall have a
right, upon presentation of proper credentials, to enter on any premises
within the territorial jurisdiction of the town for the purpose of inspection
or other enforcement action.
• Follow through with corrective procedures listed above.
• Maintain a current map repository to include, but not be limited to, the FIS
Report, FIRM and/or other official flood maps/studies adopted as part of
this ordinance , including any revisions thereto. Notify the State and
FEMA of mapping needs.
154.401 GRADING AND LAND FILLING.
(A) Purpose and Scope. (1) Purpose.
• This section is adopted for the purpose of regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damages to watercourses and public and private property by sedimentation. (2) Scope.
• This section shall not apply to the following land-disturbing activities:
• Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man.
• Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Environment, Health and Natural Resources. If not conducted in accordance with these guidelines, the provisions of this section shall apply to such activity and any related land disturbing activity on the tract.
• Activities for which a permit is required under the North Carolina Mining Act of 1971, codified in Article 7 of Chapter 74 of the North Carolina General Statutes.
• For the duration of an emergency, activities essential to protect human life.
• Land disturbing activities conducted by the State of North Carolina; by the United States; by persons having the power of eminent domain; by local governments; or which are licensed or bonded, in whole or in part, by the State of North Carolina or the United States; all of which are under the exclusive regulatory jurisdiction of the State of North Carolina.
• Those done for the purposes of fighting fires.
• The stock-piling of fill dirt, raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage.
• Individual gravesites.
• Lawns, gardens and similar horticultural activities.
• Activities undertaken on agricultural lands which do not exceed one thousand (1,000) square feet of land disturbance. In determining land disturbance, lands under diverse ownership being developed as a unit shall be aggregated. (B) General Requirements. (1) Plan Required.
• No person shall initiate any land-disturbing activity exceeding one thousand (1,000) square feet of land, without first having an approved sedimentation and erosion control plan as set forth in Sec 154.088.
(2) Basic Control Objectives.
• The basic control objectives of this section and approved sedimentation and erosion control plans are set forth below.
On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention.
• All land-disturbing activities are to be planned and conducted to limit exposure to the shortest feasible time.
• All land-disturbing activities are to be planned and conducted to limit the size of the area to be exposed at any one time.
• Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure.
• All land-disturbing activities shall be planned and conducted so as to prevent off-site sedimentation damage.
• When the increase in the velocity of stormwater runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans must include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream.
(C) Mandatory Standards for Land-Disturbing Activity.
• No land-disturbing activity subject to the control of this section shall be undertaken except in accordance with the following mandatory standards. (1) Buffer Zone Around Water Bodies.
• No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five (25%) percent of the buffer zone nearest the land-disturbing activity.
• Waters that have been classified as trout waters by the state environmental management commission shall have an undisturbed buffer zone twenty-five (25) feet wide or of sufficient width to confine visible siltation within the twenty-five (25) percent of the buffer zone nearest the land-disturbing activity, whichever is greater. Provided, however, the town may approve plans which include land-disturbing activity along trout waters when the duration of the disturbance would be temporary and the extent of the disturbance would be minimal. This subsection shall not apply to land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse.
• Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the twenty-five (25) percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.
• The twenty-five (25) foot minimum width for an undisturbed buffer zoned adjacent to designated trout waters shall be measured horizontally form the top of the bank.
• When a temporary and minimal disturbance is permitted as an exception, land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of ten (10) percent of the total length of the buffer zone within the tract to be disturbed such that there is not more than one hundred (100) linear feet of disturbance in each one thousand (1,000) linear feet of buffer zone. Larger areas may be disturbed with written approval of the Public Works Director.
• No land-disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations in these waters, as set forth in 15 NCAC 2B. 0211 ?Fresh Surface Water Classification and Standards (available at the North Carolina Division of Environmental Management).
(2) Graded Slopes and Fills.
• The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures, and which can be demonstrated to be stable. Stable is defined as the condition where soil remains in its original configuration, with or without mechanical constraints.
• In any event, slopes left exposed shall, within thirty (30) working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices or structures sufficient to restrain erosion.
• Fill slopes greater than two (2) feet horizontal run to one (1) foot vertical rise (2:1) and higher than five (5) feet above adjacent grade, and cut slopes steeper than one and one half (1 ?) feet horizontal run to one (1) foot vertical rise and higher than five (5) feet above adjacent grade, shall be designed by a registered professional and upon completion shall be certified to be stable by a registered professional engineer or landscape architect.
• All fill slopes shall be compacted full depth to not less than ninety-five (95) percent maximum density (Standard Proctor), shall be placed on a surface cleared of growth and debris, and be properly benched and drained. Such certification shall be required prior to issuance of any certificate of compliance for the site, and shall in any case be submitted within thirty (30) days of the slope reaching final grade.
• Terracing or slope breaks should be used on steep slopes to reduce the length of cut and fill slopes to prevent erosion and formation of gullies. Benches should be five (5) feet wide, rounded at the edges, and spaced according to the following table:
SLOPE SPACING
50% (2:1) 20 Vertical Feet
33% (3:1) 35 Vertical Feet
25% (4:1) 45 Vertical Feet • The use of gunite or similar materials is not allowed as a method for slope stabilization. (3) Ground Cover.
• Whenever any land disturbing activity is undertaken, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after the completion of construction or development.
• Except as provided elsewhere in this section provisions for a ground cover sufficient to restrain erosion must be accomplished within thirty (30) days or one hundred and twenty (120) calendar days following completion of construction or development, whichever period is shorter. (4) Grading of Steep Slopes.
• Grading on residentially zoned property with a slope in excess of fifteen (15) percent shall be limited to disturbing not more than five (5) acres at a time.
• Any one disturbed area must be brought into final compliance with the requirements of the standards set forth in this section.
• For the purposes of this provision, non-contiguous areas located within one thousand five hundred (1,500) feet of each other and owned and/or developed by the same person(s) shall be considered the same project. (5) Runoff.
• Except as provided for elsewhere in this chapter, erosion and sediment control measures, structures and devices shall be so planned, designed and constructed as to provide protection from the calculated maximum peak rate of runoff from the ten-year storm. (6) Operations on natural watercourses.
• Land-disturbing activity in connection with construction in, on, over or under a natural watercourse shall minimize the extent and duration of disruption of the stream channel.
• Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. (7) Access and Haul Roads.
• Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. (8) Borrow and Waste Areas.
• When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the North Carolina Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the North Carolina Department of Environmental, Health and Natural Resources, Division of Solid Waste Management shall be considered as part of the land-disturbing activity where the borrow material is being used or form which the waste material originated.
• When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall e considered a separate land-disturbing activity.
• The formal plan shall indicated if there will be borrowed or waste fill material used or deposited, where it originated or where it will be deposited, and what erosion control measures will be used to stabilize it. (D) Maintenance Requirements.
• During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of the North Carolina Sedimentation Pollution Control Act, these regulations, or other local ordinances.
• After site development, the land owner or persons in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement and which are accepted for maintenance by a governmental agency.
• When sediment is transported onto a public road surface, the road shall be cleaned thoroughly at the end of each day. Sediment shall be removed from the roads by shoveling or sweeping and transported to a sediment control disposal area. Street washing shall be allowed only after sediment is removed in this manner.
• If the town must clean up off-site sedimentation or mitigate other erosion related public safety and environmental hazards, the person in violation will be charged for the cost of the cleanup in addition to the civil penalty that may be charged. The cleanup cost shall include personnel costs, equipment usage, and related administrative overhead. If the violator does not pay for the clean up cost, revoked permits shall not be reissued and a lien shall be place on the violator?s property until the cost is recouped by the town.
154.402 STORMWATER MANAGEMENT
(A) Purpose and Applicability.
(1) Purpose
The purpose of this section 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 the Town of Waynesville’s municipal stormwater systems. It has been determined that proper management of construction-related and post development stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety and general welfare, and protect water and aquatic resources. These requirements establish stormwater management requirements and controls to prevent surface water quality degradation to the extent practicable in the streams and lakes within the Town Limits and Extraterritorial Jurisdiction of Waynesville. This Section seeks to meet this purpose by fulfilling the following objectives:
♦ Minimize increases in stormwater runoff from new development or redevelopment to the maximum extent practicable for the applicable design storm in order to reduce flooding, siltation, streambank erosion, increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats.
♦ Minimize increases in non-point and point source pollution caused by stormwater runoff from development or redevelopment that would otherwise degrade local water quality. Minimize the total volume of surface water runoff that flows from any specific site during and following development in order to replicate pre development hydrology to the maximum extent practicable through the use of structural and nonstructural stormwater management Best Management Practices (BMPs).
♦ Establish minimum post development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality.
♦ Establish design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards.
♦ Ensure that structural and nonstructural stormwater BMPs are properly maintained and pose no threat to public health or safety.
♦ Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety.
♦ Control illicit discharges into the municipal separate stormwater system.
(2) Applicability
Beginning with and subsequent to its effective date, the requirements of this section are applicable to all development and redevelopment located within the Town Limits and Extraterritorial Jurisdiction of Waynesville including, but not limited to, site plan applications, subdivision applications, and grading applications unless exempt pursuant to this section.
No building, structure, or land shall be used, occupied, or altered and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with all the provisions of this section and all other applicable regulations except as otherwise provided in this Section.
• The stormwater management facilities standards set forth in subsection (D) of this section shall apply to all new development projects and all redevelopment projects that cumulatively disturb one (1) acre or more, and to projects of less than one acre that are part of a larger common plan of development or sale, or that have a proposed cumulative impervious surface on completion of greater than 12,000 square feet.
• The stormwater facilities standards set forth in subsection (D) of this section shall not, however, apply to single-family and two-family developments on individual lots.
• The non-stormwater discharge controls set forth in subsection (K) of this section shall apply to all existing or proposed developments in the Town of Waynesville's jurisdiction.
(4) Exemptions
All development and redevelopment are subject to these requirements except those which fit into one of the following categories:
♦ Cumulatively disturbs less than (1) one acre and is not part of a larger common plan of development or sale.
- Development and redevelopment that disturb less than (1) one acre are not exempt if such activities are part of a larger common plan of development or sale, even though multiple, separate, or distinct activities take place at different times on different schedules.
♦ Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act as specified in 40 CFR 232 (primarily ongoing farming and forestry activities) are exempt from the provisions of this section
(B) Interpretation and Definitions
(1) Meaning and Intent
If a different or more specific meaning is given for a term defined elsewhere in the Town of Waynesville’s regulations and ordinances, the meaning and application of the term in this section shall control for purposes of application of this section.
(2) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this section. Any person may request an interpretation by submitting a written request to the Administrator who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of this section.
(3) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, 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.
(4) Definitions
When used in this section, the following words and terms shall have the meaning set forth in this section, unless other provisions of this section specifically indicate otherwise.
♦ 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 pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate.
♦ Best Management Practices or “BMPs” control urban storm water runoff and can include “structural BMPs” such as infiltration devices, ponds, filters and constructed wetlands; and “non-structural BMPs such as maintenance practices, street sweeping, public education and outreach programs.
♦ Design Manual: The stormwater design manual approved for use in Phase II jurisdictions by the North Carolina Division of Water Quality. http://h2o.enr.state.nc.us/su/Manuals_Factsheets.htm#StormwaterManuals
The design manual includes a local appendix of recommendations for BMPs that any property owner could utilize to help in managing stormwater. All references herein to the Design Manual are to the latest DWQ 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.
♦ 50-year, 24-hour storm: Twenty four (24) hour rainfall event with an intensity expected to be equaled or exceeded, on average, once in 50 years.
♦ High Density Project: Any project that exceeds the low density threshold for dwelling units per acre (two dwelling units per acre) or built-upon area (24%).
♦ 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, 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 that has no more than two dwelling units per acre or twenty-four percent built-upon area (BUA) for all residential and non-residential development.
♦ Low Impact Development (LID): A site design strategy with the goal of maintaining or replicating the pre-development hydrologic conditions. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater management areas, reduction of impervious surfaces, and the lengthening of flow paths and runoff time. LID practices may include any combination of site design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre-development runoff thereby limiting the increase in pollutant loads caused by development. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, mature trees, flood plains, woodlands and highly permeable soils. LID techniques may be designed and implemented as outlined in the most current version of the Prince George’s County, Maryland Department of Environmental Resources Programs and Planning Division LID Manual.
♦ 1-year, 1-hour storm: One (1) hour rainfall event with an intensity expected to be equaled or exceeded, on average, once in twelve (12) months. This event shall be defined as being the water quality design storm event (currently 1.25 inches).
♦ 1-year, 24-hour storm: Twenty-four (24) hour rainfall with an intensity expected to be equaled or exceeded, on average, once in 12 months.
♦ Owner: The legal or beneficial owner of land or business, 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. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of “owner” under another description in this definition, such as a management entity.
♦ Redevelopment: Any land disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control than the previous development.
♦ 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. “Structural BMP” is synonymous with “structural practice”, “stormwater control facility,” “stormwater control practice,” “stormwater treatment practice,” “stormwater management practice,” “stormwater control measures,” “structural stormwater treatment systems,” and similar terms used in this section.
♦ 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 on a continuous basis and not discontinued for more than thirty (30) days; or installation 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.
♦ Surface Runoff: The cumulative runoff calculated from a particular storm event using hydrologic and hydraulic equations and methodologies.
♦ 10-year, 24-hour storm: Twenty-four (24) hour rainfall event with an intensity expected to be equaled or exceeded, on average, once in every ten (10) years.
♦ 2-year, 24-hour storm: Twenty-four (24) hour rainfall event with an intensity expected to be equaled or exceeded, on average, once in every two (2) years.
(C) Administration and Procedures
The Town of Waynesville will administer this section. The Town Board or Public Works Director will designate a Stormwater Administrator. The Stormwater Administrator shall have the following powers and duties under this section:
♦ Review, approve, or disapprove applications for approval of plans.
♦ Make determinations and render interpretations of the requirements of this section.
♦ Establish application requirements and schedules for submittal and review of applications and appeals and to review and approve applications.
♦ Enforce the provisions of this section in accordance with its enforcement provisions.
♦ Make records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this section.
♦ Provide expertise and technical assistance to the Town of Waynesville.
♦ Carry out the technical duties outlined in this section. The Stormwater Administrator may contract such services to another local government or private entity.
♦ Designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator.
♦ Take necessary actions to administer the provisions of this section.
(D) Stormwater Design Requirements.
(1) General Requirements.
• A stormwater drainage and management plan and permit shall be required with all development applications to which this section applies. This plan shall be prepared by a licensed professional engineer or landscape architect and meet the design specifications of the Town of Waynesville in addition to those standards set forth in this section.
• The use of natural vegetation and creative landscaping in establishing stormwater control measures is required if applicable. A developer must incorporate the use of natural topography and land cover such as wetlands, ponds, natural swales as they exist prior to development to the degree that they can accommodate the additional flow of water.
• Developers are required to use the aforementioned natural measures as well as other BMPs (pervious pavement, discontinuous imperviousness, etc.) in developing property in the town's jurisdiction for the purpose of cleansing and diffusing surface water flow.
• Developments shall be designed and constructed with a positive drainage flow away from buildings towards approved stormwater management facilities.
• No utilities or habitable structures may be located within any impoundment area of any stormwater management facility. Structures may not be located over a storm drainage line.
• All stormwater management facilities will be considered permanent.
(2) Water Quality Design Requirements
• All Low Density projects and High Density projects must have the built-upon area at a minimum of thirty (30) feet landward of all perennial and intermittent surface waters. This distance shall be measured horizontally from the edge of water. 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 may be allowed when site-specific determination is made using NC Division of Water Quality-approved methodology.
• In addition to the standards for stormwater management set out in this section, development and redevelopment that drains in whole or part to class TR waters shall design and implement stormwater best management practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of this section.
• The stormwater approval issued shall require recorded deed restrictions and protective covenants to ensure that future development activities maintain the stormwater management measures consistent with the approved project plans.
• All Low Density Project sites must employ LID practices to analyze the infiltration capacity and natural drainages of the site and develop a system of controls which mimic the existing natural hydrology and which cumulatively capture and treat the runoff from the 1-year 1-hour storm event. Wherever LID practices are not achievable, or have not been demonstrated, the stormwater management measures shall be designed to control the stormwater runoff according to the requirements of this section.
• All High Density projects, for both LID and conventional design approaches, shall include stormwater management measures designed to control the stormwater runoff according to the requirements of this section.
• All structural stormwater management measures shall control and treat the runoff from the 1-year 1-hour storm event as determined by NOAA data for the Town of Waynesville.
• All structural stormwater treatment management measures shall be designed to have an eighty-five (85) percent average annual removal for total suspended solids (TSS).
• Areas designated as open space that are not or will not be disturbed, developed or redeveloped do not require stormwater runoff treatment.
• Where any stormwater management treatment measure utilizes a temporary water quality storage pool as a part of its designed treatment system:
♦ The drawdown time shall be a minimum of 48-hours and a maximum of 120-hours.
♦ The minimum draw down orifice size shall be 2-inches or equivalent.
♦ The post development peak flow rates discharged shall not exceed the pre development 1-year 24 hour peak discharge rates.
• No one BMP shall receive runoff from an area greater than three (3) acres. However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3) acre maximum.
• Water quality BMPs may encroach into a required buffer as long as the encroachment does not disturb the majority of existing vegetation. Minor understory may be disturbed in order to accommodate water quality structures. Trees and shrubs shall be placed to maximize screening where the encroachment takes place.
• General engineering for all projects shall be in accordance with 15A NCAC 2H .1008(c).
• The Town of Waynesville shall utilize the latest edition of the North Carolina Department of Environment and Natural Resources (DENR) Division of Water Quality (DWQ) Stormwater Best Management Practices Design Manual as the Stormwater Design Manual. The manual can be viewed at:
http://h2o.enr.state.nc.us/su/Manuals_Factsheets.htm
Stormwater management practices that are designed, constructed, or maintained in accordance with the Stormwater Design Manual are presumed to comply with these requirements. However, the Stormwater Administrator shall have the right to consult duly qualified professionals to impose any conditions or require any modifications deemed necessary to meet the purpose, intent, and requirements of this section.
• For areas of redevelopment, the following shall apply:
• provide a 20% reduction in impervious surface area; or
• provide water quality measures for 20% of the impervious area; or
• provide a combination of impervious area reduction and water quality measures equivalent to a 20% reduction in impervious surface area; and
• provide water quality for any increase in impervious surface area.
(3) Water Quantity Design Requirements
• For any development to which this section applies, stormwater management facilities, structures, devices and methods shall be designed and built with sufficient capacity to accommodate surface runoff caused by the development in excess of that runoff which would occur from the site if left in its pre development condition.
• The calculated difference in the peak runoff rate from the post development peak flow rates, less the pre development shall determine the size of detention structures.
• The storage shall be sufficient to store all excess surface runoff up to the 10-year 24-hour storm event.
• The post development peak flow rates discharged from any development that this section applies, shall not exceed the pre development peak discharge rates for the 2-year, 24-hour storm event and the 25-year, 24-hour storm event.
• The temporary storage capacity shall be restored within 72 hours.
• The emergency overflow outlet must be designed to safely pass the 50-year, 24-hour storm event peak discharge.
• Requirements of the Dam Safety Act shall be met when applicable.
• No one stormwater management facility shall receive runoff from a developed or redeveloped area greater than three (3) acres. However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this three (3) acre maximum.
• The impoundment of stormwater runoff may be incorporated in the design of stormwater conveyance structures, engineered stormwater BMPs, and ponds. These structures may be located on or off site.
• In all instances engineered stormwater management facilities and devices shall be designed to complement a development and the surrounding community. If ponds are used, such areas shall be landscaped as amenities or hidden from view.
(4) Stormwater Conveyance Systems Design Requirements
• Stormwater collection systems (drainage parallel to road, including ditches, swales and pipes) shall be designed to pass the peak flows from the 2-year, 24-hour storm event. The minimum allowable pipe size is 15-inches.
• Cross drainage systems that do not convey intermittent or perennial streams shall be designed to pass the peak flow rates from the 10-year, 24-hour storm event.
• Cross drainage systems conveying intermittent or perennial streams, shall be designed pass peak flow rates for the 50-year, 24-hour storm event. These structures shall consist of bottomless single span structures.
(5) Uniform Watershed Analysis
Uniform Watershed Analysis is required for all developments. Calculations must be developed to show the development’s impact on the greater watershed.
♦ The requirements, or portions thereof, for detention may be waived by the Stormwater Administrator if it can be shown by detailed engineering calculations and analysis which are acceptable to the Stormwater Administrator that one of the following exists:
- The installation of stormwater management facilities would have insignificant effects on reducing downstream flood peak flow rates and water surface elevations.
- Stormwater management facilities are not needed to protect downstream developments and the downstream drainage system has sufficient capacity to receive any increase in runoff for the design storm.
- It is not necessary to install stormwater management facilities to control post development peak discharge rates at the exit to a proposed development and installing such facilities would increase flood peak flow rates and or water surface elevations at some downstream locations.
- The Stormwater Administrator determines that stormwater management facilities are not needed to control post development peak discharge rates and installing such facilities would not be in the best interest of the Town.
♦ The requirements, or portions thereof, of sub-section (D) may not be waived if the Stormwater Administrator determines that not controlling peak flow rates would increase known flooding problems, or exceed the capacity of the downstream drainage system.
♦ A waiver shall only be granted after a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development or redevelopment. A separate written waiver request shall be required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics of the development or redevelopment receiving a waiver.
♦ Discharge velocities shall be reduced to provide a nonerosive velocity flow from a structure, channel, or other control measure or the velocity of the 2-year 24-hour design storm runoff in the receiving waterway prior to the development, whichever is greater.
♦ For all stormwater management facilities, a hydrologic/hydraulic study shall be conducted showing how the drainage system will function with and without the proposed facilities. For such studies the existing and developed land use conditions shall be used. Existing land use data shall be taken from the most recent aerial photograph and field checked and updated.
♦ For the design of the facility outlet structure, use developed land use conditions for the area within the proposed development and existing land use conditions for upstream areas draining to the facility.
♦ For any analysis of flood flows downstream from the proposed development, use existing land use conditions for all downstream areas.
(E) Stormwater Permit, Plan Submittal and Review
(1) Stormwater Permit
For all activities which are subject to this section, no person shall initiate, proceed, or undertake any land disturbing or development activity for which a permit is required without first being issued a written stormwater control permit.
All other required applications must be received and permits must be obtained prior to the start of the work. These may include but are not limited to Soil Erosion and Sedimentation Control, Flood Damage Prevention, Subdivision, Building Permits and Inspections, NC Department of Transportation, NC Division of Water Quality, US Army Corps of Engineers, and NC DENR-Dam Safety.
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 section, 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 section.
(2) Stormwater Permit Application
• Content
The Stormwater Administrator shall establish requirements for the content and form of all Stormwater Permit Applications and establish submittal checklist.
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 section.
The submittal shall include all of the information required in the submittal checklist established by the Stormwater Administrator.
• Preparer
The stormwater permit application and plans pursuant to this section shall be prepared by a qualified registered North Carolina professional engineer or landscape architect, and the engineer or landscape architect shall perform services only in their area 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 section.
(3) Fees
The Stormwater Administrator shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies. Additional permit reviews fees shall be required for permit reviews that are contracted to another local government or private entity.
(4) Schedule
The Stormwater Administrator shall establish a submission and review 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.
(5) Submittal Manual
For applications required under this section, the Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this section, and information on how and where to obtain the Design Manual in an Administrative Manual, which shall be made available to the public.
(6) Submittal
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 as timely submitted only when it contains all elements of a complete application pursuant to this section, 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.
(7) Review
The Stormwater Administrator shall review the application for completeness and determine whether the application complies with the standards of this section.
• Approval
If the Stormwater Administrator finds that the application complies with the standards of this section, the Stormwater Administrator shall approve the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this section. The conditions shall be included as part of the approval.
• Failure to Comply
If the Stormwater Administrator finds that the application fails to comply with the standards of this section, the Stormwater Administrator shall notify the applicant in writing, and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.
• Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater Administrator after its re-submittal and shall be approved, approved with conditions or disapproved. If a revised application is not re-submitted within thirty (30) calendar days 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.
One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal shall be accompanied by a permit review fee additional fee, as established pursuant to this section.
♦ Concept Plan and Pre-submittal Meeting
Before a Stormwater Permit Application is deemed complete, the Stormwater Administrator or developer may request a pre-submittal meeting on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This pre-submittal meeting should take place at the time of the preliminary plan of subdivision or other early step 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.
To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:
- Existing conditions / proposed site plans.
- Natural resources inventory.
- Stormwater management system concept plan.
(F) Variances
(1) Conditions
• The Town of Waynesville may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
(2) Applicability
• Any person may petition the Town of Waynesville for a variance granting permission to use the person's land in a manner otherwise prohibited by this section. To qualify for a variance, the petitioner must show all of the following:
- Unnecessary hardships would result from strict application of this section.
- The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. -
- The hardships did not result from actions taken by the petitioner.
- The requested variance is consistent with the spirit, purpose, and intent of this section; will secure public safety and welfare; and will preserve substantial justice.
(3) Statutory Exceptions
Notwithstanding Subsection (2) of this section, exceptions from the 30 foot landward location of built upon area requirement of all perennial and intermittent surface waters as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances:
• 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.
• When there is a lack of practical alternatives for a stormwater treatment measures.
• These measures shall be 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.
• The implementation of the stormwater treatment measures shall not disturb existing vegetation.
• Minor understory may be disturbed in order to accommodate these measures. Trees and shrubs shall be placed to maximize screening where the encroachment takes place.
• When there is a lack of practical alternatives for utilities, including, but not limited to, water, sewer, or gas construction and maintenance corridor, 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.
• 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.
(G) As-Built and Final Plat Requirements
(1) As-Built Requirements
Upon completion of a project, and before a certificate of occupancy shall be granted, 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 for all stormwater management measures after final construction is completed.
The “as built” 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 section. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities
(2) Final Plat Requirements
The exact boundary of all stormwater management BMPs shall be shown on final plats prepared by a registered surveyor. These plats shall contain the following statement: “This lot contains a stormwater management measure that must be maintained in accordance with the recorded Operations and Maintenance Agreement.”
(H) Operations and Maintenance Agreement
(1) Private Development
Prior to the conveyance or transfer of any private lot or building site to be served by a structural BMP pursuant to this section and prior to issuance of any permit for development or redevelopment requiring a structural stormwater BMP pursuant to this section, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have the primary responsibility for carrying out the provisions of the maintenance agreement.
(2) Public Development
BMPs that are constructed on public land within public rights-of-way and/ or within public easements shall be maintained by the public body with ownership/ jurisdiction of the subject property.
(3) Requirement for Homeowners’ and Other Associations
For all structural BMPs required pursuant to this section and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions:
- Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.
- Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the Town, in its sole discretion, may remedy the situation, and in such instances the Town shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Stormwater Administrator shall first consent to the expenditure.
- Both developer contribution and annual deposits for future use of “sinking funds” shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen per cent (15%) of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account to cover the cost of maintenance. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.
- The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town depending on the design and materials of the stormwater control and management facility.
- Granting to the Town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.
- Allowing the Town to recover from the association and its member’s any and all costs the Town expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of its expended costs, after forty-five (45) days written notice, shall constitute a breach of the agreement. The Town shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery.
- A statement that this agreement shall not obligate the Town to maintain or repair any structural BMPs, and that the Town shall not be liable to any person for the condition or operation of structural BMPs.
- A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town to enforce any of its ordinances as authorized by law.
- A provision indemnifying and holding harmless the Town for any costs and injuries arising from or related to the structural BMP, unless the Town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.
(4) Agreement Requirements
The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the structural BMP and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant The Town of Waynesville 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 BMP; however, in no case shall the right of entry, of itself, confer an obligation on The Town of Waynesville to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval and it shall be referenced on the final plat and shall be recorded with the Haywood County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be submitted to the Stormwater Administrator following its recordation.
(5) Construction of Stormwater Management Measures
Stormwater management facilities shall be constructed in accordance with approved plans and maintained in proper working condition. The applicant/ property owner is responsible for ensuring that the construction of drainage structures and stormwater management measures are completed in accordance with the approved plan and specifications.
Inspections which may be performed by the Town of Waynesville during construction will not relieve the developer of the responsibility to install stormwater management and drainage facilities in accordance with the approved plan.
Revisions which affect the intent of the design or the capacity of the system shall require prior written approval by the Stormwater Administrator.
(I) Inspections
(1) Function of BMP as Intended
The owner of each structural BMP installed pursuant to this section shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed.
(2) Right of Entry for Inspection
When any new BMP is installed on private property, the property owner shall grant to the Stormwater Administrator the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
Inspections may be conducted by the Stormwater Administrator on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspections of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual dischargers of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of State or Federal water quality standards or the NPDES Storm Water Permit; and joint inspections with other agencies inspecting under environmental and 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; evaluating the condition of BMPs and storm water management practices.
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.
(3) Annual Maintenance Inspections
Inspections shall be conducted as prescribed by the Operations and Maintenance Agreement. The person responsible for maintenance of any structural BMP installed pursuant to this section shall submit to the Stormwater Administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, landscape architect or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance. The inspection 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 BMP;
• A statement that an inspection was made of all structural BMPs;
• The date the inspection was made;
• A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this section; and
• Signature and seal of a registered engineer, landscape architect, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built.
(J) Performance Security for Installation and Maintenance
(1) Purpose
The Town of Waynesville may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that stormwater BMPs are installed as required by the approved stormwater management plan, and are maintained by the owner as required by the operation and maintenance agreement.
(2) Amount
The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25%.
The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction’s cost of borrowing minus a reasonable estimate of long-term inflation.
(3) Forfeiture
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 in accordance with this section.
(4) Default
Upon default of the applicant to construct, maintain, repair, and if necessary reconstruct any stormwater device in accordance with the applicable permit, 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 applicant to comply with the permit. In the event of a default triggering the use of installation of performance security, the Town of Waynesville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(5) Cost in Excess of Performance Security
If the Town of Waynesville takes action upon such failure by the applicant, the Town may collect the difference should the amount of the reasonable cost of such action exceed the amount of the security held. This difference will be collected from the applicant.
(6) Refund
Within sixty (60) 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%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.
(K) Non-Stormwater Discharge Controls
(1) Illicit Discharges.
♦ No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State unless permitted by an NPDES Permit.
• However, non-stormwater discharges associated with the following activities are allowed provided that the do not significantly impact water quality.
- Filter backwash and draining associated with swimming pools.
- Filter backwash and draining associated with raw water intake screening and filtering devices.
- Condensate from residential or commercial air conditioning.
- Residential vehicle washing.
- Flushing and hydrostatic testing water associated with utility distribution systems.
- Discharges associated with emergency removal and treatment activities, for hazardous materials, authorized by the federal, state or local government on-scene coordinator.
- Uncontaminated ground water (including the collection or pumping of springs, wells, or rising ground water and ground water generated by well construction or other construction activities).
- Collected infiltrated stormwater from foundation or footing drains.
- Collected ground water and infiltrated stormwater from basement or crawl space pumps.
- Irrigation water.
- Street wash water.
- Flows from fire fighting.
- Discharges from the pumping or draining of natural watercourses or water bodies.
- Flushing and cleaning of stormwater conveyances with unmodified potable water.
- Wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat.
- Other non-stormwater discharges for which a valid NPDES discharge permit has been authorized and issued by the U.S. Environmental Protection Agency or by the State of North Carolina, 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: anti-freeze, chemicals, animal waste, paints, garbage, and litter.
(2) Illicit Connections.
• Connections to a stormwater conveyance or stormwater conveyance system which allow the discharge of non-stormwater, other than the exclusions described in subsection (1) above, are unlawful. Prohibited connections include, but are not limited to: industrial/commercial 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.
• Where connections exist in violation of this section and said connections were 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 (1) year following application of this regulation.
• The aforementioned one (1) year grace period shall not apply to connections that result in the discharge of hazardous material. Nor shall the grace period apply to 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. For such connections, the Public Works Director shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the director shall take into consideration: the quantity and complexity of the work; the consequences of delay; the potential harm to the environment, public health and to public and private property; and, the cost of remedying the damage.
(L) Enforcement of Violations
(1) Authority to Enforce
The requirements of this section shall be enforced by the Stormwater Administrator, or any authorized agent of the Town of Waynesville.
(2) Civil Penalties
Civil penalties may be imposed as follows:
♦ Violation of requirements of this section may subject the violator to a civil penalty. Civil penalties may be assessed up to the full amount of penalty to which the Town of Waynesville is subject for violations of its Phase II Stormwater permit.
♦ Each day of a continuing violation shall constitute a separate violation. Additional fees may be charged for remedies and enforcement of this section.
♦ No penalty shall be assessed until the applicant has been notified of the violation by registered or certified mail, return receipt requested or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation can be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action.
♦ If the violation has not been corrected within the designated time period, a civil penalty may be assessed from the date the violation is detected.
♦ Refusal to accept the notice or failure to notify the Stormwater Administrator of a change of address shall not relieve the violator’s obligation to pay such a penalty.
♦ The Stormwater Administrator or other authorized agent may implement the following enforcement actions until the applicant has taken the remedial measures set forth in the notice of violation and cured the violations described therein:
- Issue a stop work order to the person(s) violating the requirements of this section. 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.
- Refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site and served by the stormwater practices.
- Disapprove or withhold subsequent permits and development applications.
- Institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of the requirements of this section. Any person violating this section shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.
♦ It is unlawful for a property owner to fail to meet the requirements of the Operations and Maintenance Agreement. Any person or association that fails to meet the requirements of the Operations and Maintenance Agreement shall be subject to a civil penalty assessed up to the full amount of penalty to which the Town of Waynesville is subject for violations of its Phase II Stormwater permit.
154.403 HILLSIDE PROTECTION (A) Hillside Development Regulations. (1) Purpose.
• The purpose of this section is to regulate development in hillside areas in order to preserve the Town of Waynesville's unique character, conserve the public health, safety and general welfare and to promote environmentally sound design and planning.
• The following objectives shall serve as guidelines to fulfill the purpose of this section:
• To protect life and property form all potentially hazardous conditions particular to hillsides, e.g., rock falls, stormwater runoff, and geosynclines.
• To preserve and enhance the scenic and environmental resources of the landscape by encouraging the maximum retention of prominent natural topographic features, i.e., drainage swales, streams, slopes, ridgelines, rock outcroppings, vistas, natural plant formations, and trees.
• To encourage innovative site and architectural design and planning in order for the development to adapt to the natural terrain and be harmonious with the character of the area.
• To minimize grading and cut and fill operations inconsistent with the retention of the natural character of the hillside.
• To preserve where possible, natural streams, ponds and associated riparian vegetation.
• To require the retention of trees and other vegetation to stabilize steep hillsides, retain moisture, prevent erosion and enhance the natural scenic beauty.
• To encourage the retention of trees and other vegetation throughout the site instead of just the periphery of the development.
• To encourage minimal grading which relates to the natural contour of the land, thus rounding off sharp angles at the top and bottom of cut and fill slopes in a natural manner.
• To provide land use densities to promote the best possible development of hillside areas in order to retain significant natural features.
• To encourage road design which follows the natural topography wherever possible in order to minimize cutting and grading.
• To preserve predominant views from and of the hillside areas in order to retain the sense of identity and imagery that the hills and mountains now impart to the Town of Waynesville. (2) Applicability/Determination of Average Slope.
• For the purposes of this section, a hillside area is defined as any lot, parcel, tract or portion thereof, with an elevation of 2900 feet or greater above mean seal level.
• Each application for a development in a ?hillside area? shall include a contour map with a scale and five (5) foot contour intervals on the site plan submitted for the development to determine the average slope of the lot, parcel or tract of land, or portion thereof, in its natural state.
•
• The natural average slope is calculated using the following formula: S= 0.023 x I x L
A
Where: S= Average natural slope of parcel in percent
I= Contour interval of map in feet
L= Total length of contour lines within the parcel in feet
A= Area in acres of the parcel area at or above 2900 feet
0.0023= Constant which converts square feet into acres.
• Once ?S? or the average natural percent is calculated and rounded off to the nearest whole number, the grading and density graph, as set forth hereinafter, shall be used to determine development requirements.
• Compliance with this section will be evaluated as part of the applicable development review process.
• In addition to whatever information is typically required for the applicable development review, those developments to which this section applies shall also provide the following information with the application:
• A site plan which includes the boundaries and acreage of the parcel, the scale and contour interval, existing and proposed contours limit and area of grading, and percent of site to be graded.
• Average natural slope calculations which include the average natural slope in percent, contour interval (no more than a five foot interval is permitted), individual and total length of contour lines in feet and the area of the parcel in acres.
.
• No grading shall begin for a project to which this section applies until full development approval has been received. (3) Grading and Density Graph.
• Developments shall be regulated with regard to the permitted density and extent of grading on the site. The permitted density and extent of grading shall be determined by the average slope of a site to be developed for residential use in accordance with the grading and density charts.
• The grading and density charts to be used with this section is as follows: The line for Inns above represents the number of acres required for each guest quarter
• As the chart and the definition of ?hillside area indicate, any proposed development whose average natural slope is less than fifteen (15%) percent is not subject to the regulations for permitted density and extent of grading as set forth herein.
• Any proposed development which meets the definition of ?hillside area? and whose average natural slope is above fifty percent (50%) is subject to the most restrictive percent labeled on the percent site graded and maximum density scales.
• As part of conditional use or subdivision approval, the Board of Adjustment and Planning Board has the right to further reduce the number of dwelling units per acre when the average natural slope exceeds thirty (30%) percent and the slope is determined to be detrimental to the health, safety and welfare of those citizens working and residing in the neighborhood. (B) Mountain Ridge Protection.
• Any proposed development located on a mountain ridge over three thousand (3,000) feet in elevation and five hundred (500) feet or more above the adjacent valley floor shall come under the provisions of the Haywood County mountain ridge protection regulations.
These regulations have been adopted pursuant to the North Carolina Mountain Ridge Protection Act of 1983.
154.404-154.499 RESERVED.
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