Summary of Existing Local Programs – Towns of Apex, by cgz15130

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									TABLE 5-7
Summary of Existing Local Programs – Towns of Apex, Cary, and Morrisville and Wake County

     Program                                        Town of Apex                                                Town of Cary                                                  Town of Morrisville                                                  Wake County

Riparian Buffers        The Town’s UDO 6.1.11 requires 100-foot riparian buffers        Section 7.3 of the Town’s LDO requires 100-foot-wide urban          The Zoning Ordinance (Part C, Article II, Section 10)        In Water Supply Watersheds: (UDO Article 11-2)
                        along perennial streams and 50-foot riparian buffers along      transition buffers (riparian) buffers on all perennial and          requires that a 50-foot undisturbed buffer be maintained     (Neuse River in Study Area; ordinance requires throughout County)
                        intermittent streams. For each of these buffers, the inner 60   intermittent streams that are indicated on the most recent          on all perennial and intermittent streams indicated on the
                                                                                                                                                                                                                         • Buffer requirements:
                        feet or inner 30 feet, respectively, is undisturbed forested    version of a USGS quadrangle topographic map.                       most recent version of a U.S. Geological Survey (USGS)
                                                                                                                                                                                                                           − 100 feet from the flood pool elevation of the water supply
                        buffer. The outer 40 or 20 feet must be re-vegetated.           All other surface waters in the Town indicated on the Soil          quadrangle topographic map or Wake County Soil Survey
                                                                                                                                                                                                                              impoundment (measured perpendicular to the shoreline).
                                                                                        Survey for Wake County are required to have 50-foot wide            map. This ordinance applies to the Neuse River and Cape
                        The perennial or intermittent stream classification is
                                                                                                                                                            Fear River Basins.                                             − 50 feet from the normal pool elevation of any non-water
                        determined by the most recent version of a USGS                 urban transition buffers (riparian buffers).                                                                                          supply impoundment with a drainage area of 25 acres or
                        quadrangle topographic map and/or Soil Survey for Wake          The buffers have 3 zones: Zone 1 (inner 30 feet) has severe                                                                           more
                        County. In the event of discrepancy, the classification         development restrictions; Zone 2 (the next 20 feet) has strict                                                                     − 100 feet along perennial streams on the most recent
                        requiring the most stringent buffer would apply.                development restrictions, and Zone 3 (the outer 50 feet) has                                                                          edition of U.S. Geological Survey (USGS) topographic
                        In waters that are not classified as water supply, the Town     strict development restrictions with greenways being the sole                                                                         maps. Inner 50 feet (Zone 1) is undisturbed vegetated.
                        allows the buffer width to be averaged. Under this scenario,    use allowed in the outer edge. The Board of Adjustment may                                                                            Outer 50 feet (Zone 2) is stable vegetated.
                        the minimum width along any point on the stream is 60           approve encroachments into urban transition buffers if no                                                                          − 50 feet along non-perennial watercourse, channel, ditch, or
                        feet, but the average buffer width must be 100 feet.            reasonable use exists for the property without encroachment,                                                                          similar physiographic feature with a drainage area of 25
                        Allowing buffer widths to be averaged may result in wider       but to date none have been approved. Perpendicular crossing                                                                           acres or more
                        buffers along steep slopes or along floodplains.                of roads and utilities may be allowed mirroring the Neuse                                                                          − 30 feet from the normal pool elevation of a non-water
                                                                                        River Rules.                                                                                                                          supply impoundment with a drainage area of at least 5
                        For lakes and ponds, 100-foot vegetated buffers are
                        required if the lake or pond joins with a perennial stream,     All residential lots must be platted outside the urban transition                                                                     acres but less than 25 acres
                        otherwise, a 50-foot vegetated buffer is required if the lake   buffers (riparian buffers).                                                                                                        − 30 feet along each side of a watercourse, channel, ditch,
                        or pond joins with an intermittent stream.                                                                                                                                                            or similar physiographic feature with a drainage area of at
                                                                                                                                                                                                                              least 5 acres but less than 25 acres
                                                                                                                                                                                                                         •  Minimum building setback from all buffers is 20 feet except
                                                                                                                                                                                                                            the 100-foot perennial stream buffer, which has no required
                                                                                                                                                                                                                            setback.
                                                                                                                                                                                                                         •  The inner 50 feet (Zone 1) of the 100-foot buffer required
                                                                                                                                                                                                                            along perennial streams must either be platted as part of a
                                                                                                                                                                                                                            development lot and included within a conservation
                                                                                                                                                                                                                            easement, or set aside as a reserved conservation parcel
                                                                                                                                                                                                                            (UDO 11-24).
                                                                                                                                                                                                                         In Resource Conservation Overlay District 1: (UDO, Article 3-72)
                                                                                                                                                                                                                         •   Buffer requirements:
                                                                                                                                                                                                                             − 100 feet required around special water impoundment
                                                                                                                                                                                                                                   (Special watershed: a watershed area in Wake County
                                                                                                                                                                                                                                   zoning jurisdiction that contains a special water
                                                                                                                                                                                                                                   impoundment(s) that provide(s) significant wildlife
                                                                                                                                                                                                                                   habitat, characteristics unique to Wake County, public
                                                                                                                                                                                                                                   recreation, or potential for future recreation)
                                                                                                                                                                                                                             − 50 feet along each side of a stream or impoundment
                                                                                                                                                                                                                                   draining 25 or more acres of land
                                                                                                                                                                                                                             − 25 feet along each side of a stream or impoundment
                                                                                                                                                                                                                                   which drains between 5 and acres
                                                                                                                                                                                                                         •   Vegetation within buffers will be undisturbed except for
                                                                                                                                                                                                                             specific uses (i.e., boat docks, greenways, and drainage
                                                                                                                                                                                                                             facilities or utilities, among others).
                                                                                                                                                                                                                         •   Minimum building setback from buffer is 20 feet.
                                                                                                                                                                                                                         In Resource Conservation Overlay District 2 (UDO 3-73)
                                                                                                                                                                                                                         •   100 feet along perennial streams as shown on Wake
                                                                                                                                                                                                                             CountySurface Water Mapping Project
                                                                                                                                                                                                                         Neuse River buffers apply throughout Wake County




SECTION 5 – CUMULATIVE AND OTHER IMPACTS – FINAL EIS – DECEMBER 2009                                                                                                                                                                                                                        3
TABLE 5-7
Summary of Existing Local Programs – Towns of Apex, Cary, and Morrisville and Wake County

     Program                                        Town of Apex                                                  Town of Cary                                                   Town of Morrisville                                                  Wake County

Floodplain              According to Section 6.2.16 of the UDO, the Town does not         Cary has prohibited any residential development in the 100-         Morrisville developed a hazard mitigation master plan to       In floodways and the 100-year floodplain:
Protection              allow residential development in the 100-year floodplain.         year floodplain since 1978. This includes prohibiting               eliminate or reduce losses of life and property from natural
                                                                                                                                                                                                                             •   No new structures shall be constructed (14-20-2).
                        No encroachments, including fill, are permitted in the            development where the first floor elevation is above the 100-       forces, such as water and wind. This includes limiting
                                                                                          year floodplain.                                                                                                                   •   No fill shall be placed in floodway unless a no-rise
                        floodway.                                                                                                                             development in the floodplain.
                                                                                                                                                                                                                                 certification is approved.
                        According to Section 6.2.16 of the UDO, the Town requires                                                                             Morrisville complies with FEMA requirements (Chapter 26        •   Encroachments in floodway are limited to roads, bridges,
                        that the bottom floor be elevated 2 feet above base flood         Currently both commercial and residential development must          of Code of Ordinances). No development or fill is allowed          culverts, or water-dependent structures, etc., and no-rise
                        elevation on FEMA-mapped streams for commercial,                  occur outside the floodplain. Tree clearing is not allowed in the   in the floodway; bottom floor elevation must be 1 foot             certification is required.
                        industrial, or nonresidential structures.                         floodplain. Drainage areas greater than 50 acres must do a          above 100-year flood elevation.                                •   In special flood hazard areas (non-Federal Emergency
                        According to Section 6.2.17 of the UDO, where base flood          study to determine the limits of floodplain outside FEMA                                                                               Management Agency [FEMA] potential flood areas based on
                                                                                          mapped areas.                                                       Morrisville’s floodplain area is located in Crabtree Creek.
                        elevations are unknown, Apex allows no encroachments,                                                                                 Where areas have not been developed, the Town has                  the location of flood hazard soils), areas that drain 5 acres
                        including fill, within 20 feet of the top of the stream bank or   Section 7.5 of Cary’s LDO requires that all residential lots        zoned this area as Conservation/Buffer to prevent                  or more usually require a flood study if there is an
                        within a distance of 5 times the stream width, whichever is       platted after May 2001 be platted outside of floodplains and        development in the floodplain.                                     encroachment into the flood hazard soils.
                        greater, unless a Professional Engineer certifies that the        stream buffers. New construction or substantial
                        encroachment will not result in an increase in the base           improvements to any residential structure must be located
                        flood level.                                                      outside the flood hazard area, and the lowest floor must be at
                        When base flood elevation data or floodway data are               least 2 feet above the base flood elevation.
                        unknown, a hydraulic report must be submitted that defines        Non-residential development in floodplains is allowed if the
                        the base flood or floodway elevation.                             first floor is 2 feet above the floodplain elevation, but only
                        Apex’s Section 6.2.18 of the UDO requires that all                through a rarely used special use permitting process that
                        residential lots be platted outside of floodplains.               discourages most development from occurring in the
                                                                                          floodplain. No encroachment, including fill, gravel or paving is
                        Floodplains must remain undisturbed in order to count             allowed in the floodplain unless a Special Use Permit is
                        toward the Town’s Resource Conservation Area                      issued.
                        requirements.




SECTION 5 – CUMULATIVE AND OTHER IMPACTS – FINAL EIS – DECEMBER 2009                                                                                                                                                                                                                         4
TABLE 5-7
Summary of Existing Local Programs – Towns of Apex, Cary, and Morrisville and Wake County

     Program                                        Town of Apex                                                 Town of Cary                                             Town of Morrisville                                                  Wake County

Erosion and             The Town’s erosion and sediment control practices support          The Town’s erosion and sediment control practices, found    Wake County implements Morrisville’s Erosion and              Wake County’s erosion and sediment control practices support
Sediment Control        an overall stream protection plan by limiting in-stream            in Section 7.4 of the UDO, support an overall stream        Sediment Control Program. An erosion and sediment             an overall stream protection plan by limiting in-stream
Program                 suspended sediment and sediment deposition. The erosion            protection plan by limiting in-stream suspended sediment    control plan is needed for any disturbance of one acre or     suspended sediment and sediment deposition. The erosion and
                        and sediment control strategy is discussed at a pre-               and sediment deposition. The erosion and sediment control   more. The Town’s erosion and sediment control practices       sediment control strategy is discussed at a pre-construction
                        construction conference through the permit and plan                strategy is discussed at a pre-construction conference      support an overall stream protection plan by limiting in-     conference through the permit and plan review process, which
                        approval process, which also allows for the review of              through the permit and plan approval process, which also    stream suspended sediment and sediment deposition.            also allows for the review of stormwater controls.
                        stormwater controls. A permit is required for land-disturbing      allows for the review of stormwater controls.               Policies in place include Performance Guarantee
                        activity over 1 acre in surface area, and the Town is              The Town does not allow any land-disturbing activity over   Requirements for Early Grading Permits, Performance           Permit is required for land-disturbing activity over 1 acre.
                        proposing to decrease this threshold to 20,000 square feet.        12,000 square feet unless an approved erosion and           Guarantee Requirements, and Maintenance Guarantee
                                                                                                                                                                                                                     Wake County does not allow any land-disturbing activity in
                        The Town does not allow any land-disturbing activity in            sediment control plan is provided and measures are          Requirements.
                                                                                                                                                                                                                     proximity to a lake or natural watercourse unless erosion and
                        proximity to a lake or natural watercourse unless erosion          present.                                                    Under the Performance Guarantee Requirements for early        sediment control measures are present. An undisturbed 50-foot
                        and sediment control measures are present. An                      Many measures such as tree protection fencing, silt         grading, before any grading takes place, developers are       buffer shall be used provided the undisturbed zone is of sufficient
                        undisturbed buffer may be used, provided the undisturbed           fencing, sediment basins with skimmers and other            required to provide a Performance Guarantee in the form       width to confine visible siltation within 20 feet of the undisturbed
                        zone width is sufficient to confine visible siltation within the   appropriate best management practices are required.         of a surety bond, letter of credit, or certified check. The   zone nearest the land-disturbing activity.
                        25 percent of the undisturbed zone nearest the land                Erosion and sediment control plans must use the latest      guarantee must be 150 percent of the construction cost of
                        disturbing activity.                                                                                                           erosion control measures, removal of erosion control          Silt fences and construction entrances are required on all
                                                                                           proven technology related to erosion and sediment control
                                                                                                                                                       measures, seeding and stabilization, site grading, and        development sites which fall under the one-acre threshold for
                        The Town requires tree protection fencing and silt fencing         practices and limit exposure time.
                                                                                                                                                       vegetation to provide screening.                              requiring an erosion and sediment control plan.
                        as erosion and sediment control measures, along with               The Town also encourages contractor education and
                        perimeter ditches or perimeter swales, if practical. The           training related to erosion and sediment control.           General performance guarantees may be provided in the         Wake County requires the erosion and sediment control plans to
                        Town also requires that erosion and sediment control plans                                                                     same form as those for early grading. These also must be      use a custom basin that is sized according to drainage area
                        use the proven latest technology related to erosion and            Every building permit including single family homes must    150 percent guarantee of all required improvements on a       related to erosion and sediment control practices, and limits the
                        sediment control practices and limit exposure time.                install devices and pass an inspection prior to beginning   site plan.                                                    time of exposure (Protective cover required within 15 working
                                                                                           construction.
                        Soils are stabilized as rapidly as possible by establishing a                                                                  The Town’s Maintenance Guarantee requirements                 days).
                        grass cover or mulching and tacking. The proposed                  On average, sites are inspected bi-weekly. The program is   stipulate that developers provide a letter committing to
                        ordinance would require this to occur in a maximum of 15           audited bi-annually by NCDENR and has a long track          maintain and backfill any ditch that is dug during the        Wake County requires that plans identify areas subject to severe
                        working days or 30 calendar days, while the current                record of compliance.                                       installation of improvements.                                 erosion, limit time of exposure, and limit exposed area.
                        ordinance is 30 working days or 120 calendar days,
                                                                                                                                                                                                                     Development on individual lots less than one acre must take all
                        whichever is shorter.
                                                                                                                                                                                                                     reasonable measures to protect public and private property from
                        Phased construction is reviewed in the Town’s erosion and                                                                                                                                    damage.
                        sediment control plan submittal process on a site-specific
                        basis. Site conditions, topography, soils, and type of                                                                                                                                       Development in HQW zones must limit uncovered areas to 20
                        construction determine the size of the phases. The largest                                                                                                                                   acres at any given time.
                        phase size of 5 acres is recommended. The angle for
                        graded slopes and fills shall be no greater than the angle,                                                                                                                                  If local government has been issued an MS4 permit, they must
                        which can be retained by vegetative cover.                                                                                                                                                   ensure riparian areas that are to be protected through Neuse
                                                                                                                                                                                                                     rules are recorded on the plat.
                        The Town also encourages contractor education and
                        training related to erosion and sediment control.                                                                                                                                            Wake County also encourages contractor training related to
                                                                                                                                                                                                                     erosion and sediment control.




SECTION 5 – CUMULATIVE AND OTHER IMPACTS – FINAL EIS – DECEMBER 2009                                                                                                                                                                                                                     5
TABLE 5-7
Summary of Existing Local Programs – Towns of Apex, Cary, and Morrisville and Wake County

     Program                                        Town of Apex                                              Town of Cary                                                Town of Morrisville                                                    Wake County

Stormwater              The Town maintains a strict policy of not allowing             The Town’s Stormwater Program is detailed in Section 7.3 of     Morrisville’s Stormwater Program is administered by its         Developers must manage residential runoff so that after
Program and             unnecessary piping of stormwater. Stormwater from              the Land Development Ordinance (LDO). Developers must           Engineering Department. Chapters 6 and 7 of the Design          development the site will not exceed the curve numbers proscribed
Impervious              residential lots and other pervious surfaces is made to flow   determine the nitrogen loading levels attributed to new         and Construction Ordinance contain the Town’s standards         in Article 9, Part 2 of the UDO. Calculations must be based on a
Surface                 by way of grass-lined swales instead of pipe where             development, and they must install BMPs to meet established     for stormwater quality and quantity.                            precipitation depth of 3 inches over a 24-hour period. Stored water
Limitations             possible.                                                      goals; policy applies in the Cape Fear River Basin as well as                                                                   must be drained over a period of not less than 2 days or more than
                                                                                       Neuse River Basin.                                                                                                              5 days.
                        The Town also requires that the pre-development peak                                                                           Developers must reduce post-development runoff rates to
                        runoff rate be maintained for the 1-year, 24-hour storm and    The pre-development peak runoff rate must be maintained for
                                                                                       the 1-year, 24-hour storm. If the difference between pre- and   pre-development runoff rates for the 2- and 10-year             A stormwater credit system has been established to provide
                        the 10-year, 24-hour storm. Detention volumes stored to                                                                        design storm. This is accomplished through the                  incentives to implement better site design and locate new
                        reduce peak flows shall drain within 72 hours to allow for     post- runoff exceeds 10 percent, the developer must capture
                                                                                       the entire difference onsite.                                   installation of discharge control facilities with designs       development in a manner that causes less impact to aquatic
                        subsequent storms. (UDO 6.1.7)                                                                                                 approved by the Town Engineer.                                  resources. Approved methods include disconnected impervious
                        The Town requires a stormwater impact statement showing        Cary must meet NPDES Phase II requirements.                                                                                     surfaces, reforestation, and cluster and open space subdivisions.
                        the impacts of the proposed development to the confluence      The Town limits impervious surfaces in its water supply                                                                         Practices reduce generation of stormwater, reduce size and cost of
                        point downstream where the area of the proposed                watersheds. For low-density development options without         To ensure long-term maintenance of stormwater facilities,       stormwater storage and provide partial removal of pollutants.
                        development is less than 10 percent of the total drainage      stormwater controls, the impervious surface limitations range   all privately owned facilities must develop maintenance
                        area. The impact statement ensures the downstream              from 12 percent to typically 24 percent. Under Phase II, any    agreements with the Town. As part of the agreement,             State stormwater-management requirements implementing the
                        hydrograph peaks do not increase for a given storm. If         development that exceeds 24 percent must implement              Morrisville is allowed access to inspect facilities, and        Neuse River Basin Nutrient-Sensitive Waters Management Strategy
                        backwater from detention appears to be a problem, then         stormwater BMPS. An exception does exist in the State’s         agreements are recorded in the Wake County Register of          apply.
                        the potential effects on upstream properties for the 100-      reservoir watershed rules that allow impervious to go to        Deeds. Agreements are binding on all subsequent private
                                                                                                                                                       discharge facility owners.                                      In March 2003, the Phase II Federal National Pollutant Discharge
                        year, 24-hour storm must be considered. (UDO 6.1.7)            36 percent if swales are used along the streets.
                                                                                                                                                                                                                       Elimination System (NPDES) Stormwater Compliance Application
                        Apex must meet NPDES Phase II requirements.                    Cary has an active stormwater education program.                Part C, Article II, Section 9 of the Town’s Zoning              was submitted, and a draft permit has been received. The Phase II
                                                                                                                                                       Ordinance outlines regulations for impervious surface.          program will regulate discharges of stormwater to surface waters
                        The Town has impervious surface limitations that range                                                                         Minimum Greenspace Required: A minimum of 35 percent
                        from less than 12 percent (low density) to 70 percent.                                                                                                                                         and will require control of suspended solids, fecal coliform and
                                                                                                                                                       of a site must consist of greenspace. The Planning and          nutrients countywide if and when imperviousness exceeds 24
                        However, resource conservation areas are required. Under                                                                       Zoning Board may reduce greenspace only if alternative
                        Phase II, any development that exceeds 24 percent will be                                                                                                                                      percent. The North Carolina Division of Water Quality (NCDWQ)
                                                                                                                                                       stormwater management techniques are used that will             current Phase II regulations require that the post-development runoff
                        required to implement stormwater BMPs and the Town’s                                                                           provide water quality protection equivalent to what would
                        requirements exceed Phase II by requiring stormwater                                                                                                                                           volume be equivalent to pre-development runoff volume.
                                                                                                                                                       be provided if the impervious surface was 65 percent; or
                        controls on any development that exceeds 12 percent.                                                                           the overall desirability of the project is sufficiently         Impervious surface limitations in its water supply watersheds range
                        Apex has an active stormwater education program.                                                                               enhanced due to the inclusion of certain features, such as      from 6 percent to 36 percent for non-residential areas, and up to
                                                                                                                                                       functional open space and vehicular and pedestrian              30 percent for residential areas. Under Phase II, any development
                                                                                                                                                       interconnectivity within the site and to adjacent properties.   that exceeds 24 percent imperviousness will be required to
                                                                                                                                                       The Town requires that greenspace constitute no less            implement stormwater BMPs.
                                                                                                                                                       than 20 percent of any development site.
                                                                                                                                                                                                                       Wake County has an active stormwater education program. The
                                                                                                                                                       Morrisville must meet NPDES Phase II requirements.              County participated with other communities in the Neuse River
                                                                                                                                                                                                                       Basin to air television ads regarding the proper use of lawn
                                                                                                                                                                                                                       chemicals and the importance of proper automobile maintenance.




SECTION 5 – CUMULATIVE AND OTHER IMPACTS – FINAL EIS – DECEMBER 2009                                                                                                                                                                                                                         6

								
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