Background
I.
Waters of Charlotte-Mecklenburg
II.
Why Ordinance Was Developed
III. Ordinance Development Process
IV. Overview of Ordinance
I.
Waters of Charlotte-Mecklenburg
Our Most Precious Natural Resource
II. Why Ordinance Was Developed
Storm water runoff
from developed areas
is the biggest
source…
…of water pollution in
Charlotte-Mecklenburg
(non-point source
pollution).
Non-Point Source Pollutants
Sediment
Bacteria
Toxic & Mineral
Metals
Pesticides
Fertilizers
Petroleum Products
Storm Water Permits issued by the State to the City of Charlotte, County and Towns require the
control of these non-point source pollutants, including the adoption of ordinances for the control of
pollutants association with post-construction.
County & Towns Ordinances: July 1, 2007
City of Charlotte Ordinance: July 1, 2008
1929 – Charlotte’s Storm Water Sought
After for its Medicinal Purposes
November 19, 1929 – Prohibition Era (Liquor Illegal)
• Hilarity reigned supreme at the Mecklenburg courthouse yesterday noon as the biggest liquor party of the year was “pulled”
by rural police when more than 1,000 gallons of corn whiskey went “down the old sewer.”
• Cries soon came from a nearby drain where someone had discovered the liquor was flowing and in a flash a crowd had
gathered.
• At first they stuck their fingers down the grate and licked the booze off.
• Then someone dipped a tobacco can in there and passed drinks around.
• With a howl someone tore off the grate and dipped himself a hatful and then the party was on.
• The screaming mass of humanity battling for drinks finally was dispersed by the Chief of Police.
• Their party broken up at the courthouse, some made off for Sugaw Creek, three blocks away, and there caught liquor by the
bucketfuls as it poured out of the storm drain from the courthouse.
Ordinance Goal & Objectives
Goal:
Control storm water runoff and associated negative water quality impacts
resulting from post-construction storm water discharges through the use of
a combination of structural and non-structural best management practices.
Objectives:
1.
Achieve compliance with the Phase I and Phase II NPDES Storm Water
Permit requirements.
2.
Satisfactorily address the pollution control criteria specified by NCWRC
& USFWS for the Yadkin Basin (satisfy requirements for water & sewer
expansions).
3.
Satisfactorily address the causes of impairment identified in the N.C.
2002 Integrated 305(b) and 303(d).
4.
Satisfactorily address detention measures for the control of storm water
volumes and peaks.
1.
Achieve compliance with Storm Water
Permit requirements.
•
Manage storm water runoff from new development
and redevelopment that disturb an acre or more of
land surface.
•
Ensure controls are in place to minimize water
quality impacts (State sets minimum requirements).
•
Provide a mechanism to require long term operation
and maintenance of control measures.
2.
Satisfactorily address the pollution control
criteria recommended by Wildlife agencies
Yadkin
Catawba
Goose
Creek
Six Mile
Creek
Carolina heelsplitter: Endangered
Species of Freshwater Mussel
er
y Riv
Rock
k
ee
Cr
l
l
we
Do
Mc
Catawba
ks
Clar
3.
k
Cree
Satisfactorily address the causes
of water
quality
impairment.
73%
of major
streams
are impaired with
post-construction
Catawba Basin
Yadkin
storm water
runoff as
Irwin Creek
primary
source
Stewart Creek
Yadkin River Basin
wba River Basin
Irw
in C
ree
k
McKee
Creek
k
ee
Cr
g
n
Lo
Goose Creek
ek
re
C
e
pin
Al
c
M
Littl
e Su
gar
Cre
ek
Sugar Creek
k
ree
ar C
Cle
Coffey Creek
Crooked Creek
Kings Branch
Clear Creek
Sugar Creek
Goose Creek
Briar Creek
Little Sugar Creek
McAlpine Creek
Long Creek
McDowell Creek
Charlotte
Cornelius
Davidson
Huntersville
Matthews
Mint Hill
Pineville
Streams Listed on NC 303(d) list
River Basin Drainage Divide
McCullough Branch
N
2
0
2
4 Miles
Rocky River
Clarks Creek
Four Mile Creek
Legend
McKee Creek
Taggart Creek
McMullen Creek
N Fork Crooked Creek
Yadkin Basin
4.
Satisfactorily address detention measures for the control of storm
water volumes and peaks.
• An inch of rainfall on an acre of woods in typical piedmont soils produces no
runoff.
•
The same one inch of rainfall on one acre of asphalt will produce over 27,000 gallons of
runoff.
Volume +
Velocity = Change in Natural Stream
Hydrology
14 feet
Channel Instability
Mayfly
Mayfly
Increased Turbidity
Flooding
III. Post-Construction Ordinance
Development Process
April 2004 through September 2005
Goal: To utilize a stakeholders’ process to reach
consensus on ordinance language to be considered
for adoption by elected officials for the purpose of
controlling storm water runoff in compliance with
the four (4) previously stated goals.
Stakeholder Representation
1.
Dale Stewart
Charlotte Chamber
2.
Mark Loflin
Char-Meck Planning Commission
3.
Tim Mead
Charlotte Property Owner
4.
Amy Ringwood
Charlotte Property Owner
5.
Steve Wilson
CMU Advisory Committee
6.
Rich Keagy
Home Builders Association
7.
Dan Latta
Home Builders Association
8.
Dan Duval
Marine Commissions
9.
Tim Bahr
NAIOP/ Commercial Board of Realtors
10.
Curtis Trenkelbach
NAIOP/ Commercial Board of Realtors
11.
Lindsey Hobbs
Northern Towns
12.
Mark Cramer
REBIC
13.
Rick Roti
Sierra Club
14.
Merrie Salvo
Southern Towns
15.
Roy Alexander
Storm Water Advisory Committee
16.
Marc Houle
Subdivision Steering Committee
17.
Jim Bowen
UNC-Charlotte
Ordinance Development Process
Phase I: Stakeholder training & information. April 2004
Phase II: Assess current & future water quality conditions &
compare to goals. How wide is the gap? November 2004
Phase III: Use water quality modeling to evaluate alternative
management scenarios for closing the gap. February 2005
Phase IV: Translate the selected management scenario into
ordinance language. September 2005
Phase V: Public hearings, approval and adoption. June 2008
IV. Overview of Ordinance
General Provisions
•
•
•
•
Authority
Purpose
Applicability
Design Manual
Administration and Procedures
•
•
•
•
Review and Decision Making Entities
Storm Water Management Permit
As-Built Plans and Final Approval
Appeals and Variances
Standards
•
•
•
General Standards
Watershed Districts
Standards for Districts (Central Catawba, Western Catawba, Yadkin-Southeast Catawba,
Goose Creek)
Natural Areas / Undisturbed Open Space
Buffers
Standards for Storm Water Control Measures
Deed Recordations and Plats
•
•
•
•
Mitigation
•
•
•
Development and Redevelopment
Total Phosphorus
Open Space
Maintenance
•
•
•
•
•
•
Dedication of BMPs
Operation and Maintenance Agreement
Inspections
Performance Security for Installation and Maintenance
Maintenance Easement
Violations and Enforcement
General Provisions
Purpose: 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 postconstruction storm water runoff and nonpoint source pollution associated with
development and redevelopment.
Applicability
Standard Exemptions:
1. Preliminary subdivision plan application,
submitted and accepted for review;
2. Zoning use application submitted and accepted
for review for uses that do not require a building
permit;
3. Certificate of Building Code Compliance issued;
4. Valid building permit issued and unrevoked;
5. Common law vested right established; and/or
6. A conditional zoning district established
7. Other exceptions to applicability apply
Design Manual
Local Design Manual Goals for Installation
of Structural BMPs:
•
•
•
•
•
•
More protective than State Manual.
Based on local conditions.
Meets all post-construction goals.
Recognizes treatment train benefits.
Provides design options (flexibility).
Uses existing monitoring data with ability to
incorporate future data.
Review and Decision
Making Entities
• The Storm Water Administrator is responsible for
administering and enforcing the Ordinance.
– Rusty Rozzelle for County and Towns at 704-336-5449
except for the Town of Cornelius in which case it is
their Zoning Administrator.
– Jordan Miller (Acting) for Charlotte at 704-432-5571.
• The Storm Water Advisory Committee is responsible for
hearing and deciding appeals and variances except for
the Town of Cornelius in which case it is their Zoning
Board. Contact Vivian Love at 704-336-6171
Storm Water Management Permit
• A Storm Water Management Permit is required for all development
and redevelopment unless exempt.
• No land development activity, including land clearing, grading, etc.,
can be initiated for a development or redevelopment until a Permit
has been issued.
• A permit application is required, including a detailed design
(prepared by PE) demonstrating how post-construction runoff shall
be managed to comply with Ordinance requirements.
• The permit provides a mechanism for the review, approval, and
inspection of the approach to be used for compliance with the
Ordinance.
• The permit governs the design, installation, and construction of
storm water management and control practices on the site.
Concept Plan
• Required in County and Towns, but not in the City of
Charlotte.
• Demonstrates how a proposed development shall “in
concept” comply with Ordinance requirements.
• Not a detailed design. Provides the basic information
necessary to ensure compliance can be achieved.
• Must be submitted prior to approval of the preliminary
plan for the project.
• Should be submitted for review along with Sketch Plans
for the project.
As-Built Plans & Final Approval
• As-builts certify that the completed project is constructed
in accordance with the approved plans.
• As-built surveys show the final design specifications for
all BMPs, including the field location, size, depth, and
planted vegetation.
• As-built surveys also show the location and size of all
Undisturbed Open Space areas and water quality
buffers.
• Applicant submits as-built drawings after the final
inspection and approval of the project.
Ordinance Standards
1. Structural BMPs
2. Buffers
3. Detention
4. Natural Area or Open Space
5. Mitigation
Post-Construction
Ordinance Districts:
Charlotte
1. Central Catawba
2. Western Catawba
3. Yadkin-SE Catawba
4. Six Mile Creek (buffers only)
Cornelius (none)
Huntersville (none)
Davidson
1. Catawba
2. Yadkin
Matthews
1. Catawba
2. Yadkin
Mint Hill
1. Catawba
2. Yadkin
3. Goose Creek
Pineville (none)
Mecklenburg County (none)
1. Structural BMPs
Treatment
Threshold
(BUA)
85% TSS
Central Catawba
>24%
X
W. Catawba
>12%
X
X
Optional
Yadkin-SE Catawba
>10%
X
X
Optional
Cornelius
N/A
>24%
X
Davidson
Catawba
>12%
X
X
Optional
Yadkin
>10%
X
X
Optional
Huntersville
N/A
>12%
X
Required(3)
Matthews
Catawba
>24%
X
Optional
Yadkin
>10%
X
Catawba
>24%
X
Optional
Yadkin
>12%
X
Optional
None(1)
X
Required
Watershed
Districts
Jurisdiction
Charlotte
Mint Hill
Goose Creek
WQ Treatment Type(2)
70%TP
LID
Optional
Optional
X
Optional
Pineville
N/A
>24%
X
Optional
Meck. Co.
N/A
>24%
X
Optional
(1) In Goose Creek, treatment is required for all BUA.
(2) WQ treatment volume is runoff from 1st inch of rainfall except in Goose Creek where it is runoff
from pre minus post development for the 1-yr, 24-hr storm.
(3) If LID and Conventional BMPs are used, LID is required for 50% of the runoff from the 1st inch
of rainfall.
Traditional Wet Pond BMP
2. Buffers
Jurisdiction
Charlotte
Watershed
District
Central
Catawba
Western
Catawba
Yadkin-SE
Catawba
Existing
SWIM +
30-ft. nobuild zone
on <50
acres
Buffer Width
Buffer Delineation
50-ft on <50
100-ft on
acres & 100-ft intermittent &
100-ft on
+ entire
intermittent
perennial &
On-Site
USGS
floodplain on
200-ft. on
& 200-ft. +
Delineation by
&
GIS
>50 acres for intermittent &
entire
Certified
USDA
all
floodplain
perennial
Professional
Maps
intermittent &
on perennial
within a
perennial
floodplain
X
X
X
X
X (1)
X
Six Mile Creek
Cornelius
N/A
Catawba
Davidson
Yadkin
Huntersville
N/A
Catawba
Matthews
Yadkin
Catawba
Mint Hill
Yadkin
Goose Cr.
Pineville
N/A
Meck. Co.
N/A
(1) Undisturbed buffer.
X (1)
X
X
X
X
X
X
X (1) (3 zones)
X
X
X
X
X (1)
X
X
Buffers filter pollutants
X before
X
they enter surface
waters.
X
X (1)
X
X
X
X
X
3. Detention
Volume Control
Treatment
Watershed Threshold
Jurisdiction
Districts
(BUA)
Entire
volume for
1-yr, 24-hr
storm
Increase in volume
for 1-yr, 24-hr storm
Peak Control
Residential: 10-yr &
25-yr, 6-hr storms or
perform downstream
analysis
2-yr & 10-yr, 24-hr
Commercial: 10-yr &
storms
25-yr, 6-hr storms or
10-yr, 6-hr storm &
perform downstream
analysis
X
>24%
X
Central
Catawba
W.
>12%
X
X
Charlotte
Catawba
Yadkin-SE >10%
X
X
Catawba
Cornelius
N/A
>24%
X
X
Catawba
>12%
X
X
Davidson
Yadkin
>10%
X
X
>12%
X (1)
X
Huntersville N/A
Catawba
>24%
X
X
Matthews
Yadkin
>10%
X
X
Catawba
>24%
X
X
Yadkin
>12%
X
X
Mint Hill
X (all development)
X (>10% BUA)
Goose Cr. >10%
Pineville
N/A
>24%
X
X
Meck. Co.
N/A
>24%
X
X
(1) 2-year, 24-hour storm in the Rural and Transitional Zoning Districts and 1-year 24-hour storm in all other districts.
Reduce volume and velocity of storm water runoff.
4. Natural Area or Open Space
Charlotte (Natural Area), County, Davidson, Matthews & Pineville (Undisturbed Open Space)
Less than 24% built-upon area
25% of the project site
Greater than or equal to 24% built-upon area and
less than 50% built-upon area
17.5% of the project site
Greater than or equal to 50% built-upon area
10% of the project site
I-1 & I-2 Zoned Developments
Exempt in Charlotte in Central & Western
Catawba Districts
Mint Hill (Undisturbed Open Space)
Less than 20% built-upon area
No undisturbed open space requirement
Greater than or equal to 20% built-upon area and
less than 50% built-upon area
15% of the project site
Greater than or equal to 50% built-upon area
10% of the project site
Cornelius & Huntersville
Cornelius
None
Huntersville
Contained in Zoning Ordinance
Filter pollutants and reduce impervious area.
5. Mitigation
Mitigation Type
Total
Natural Area or Open
LID
Development & Redevelopment
1. Total Phosphorus
Phosphorus
Space
Transit Station
Jurisdiction
2. Development & Redevelopment
Off-
Buy-
Lots <1
& Distressed
Redevel-
On-
Off-
Payment-
Off-
Buy-
Site
Down
acre
Business
opment
Site
Site
In-Lieu
Site
Down
3. Natural Area or Open Space
District
Charlotte
Cornelius
Davidson
X
X
X
X
X
X
X
X
4. Low Impact Development (LID)
X
X
X
X
X
X
Huntersville
Matthews
X
X
X
X
Mint Hill
X
X
X
X
X
X
Pineville
X
X
X
X
X
Meck. Co.
X
X
X
X
X
X
Deed Recordations & Plats
The approval of the stormwater permit requires enforceable
restriction on property usage that runs with the land, such as plat,
recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site
consistent with the approved project plans.
Maintenance
• An Operation and Maintenance Agreement and
attached Maintenance Plan is required to ensure
adequate maintenance, repair and, if necessary,
reconstruction of BMPs.
• The agreement also designates the responsible
party who shall be in charge of maintaining the
BMPs and is binding to the current and all future
owners.
• Due with the submittal of the as-builts.
?
http://stormwater.charmeck.org