Built-Upon Area Updates in Charlotte-Mecklenburg Post-Construction Storm Water Ordinance Training

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Built-Upon Area Updates in

Charlotte-Mecklenburg

Presented at:

Post-Construction Storm Water

Ordinance Training

November 17, 2015

Presented by:

Don Ceccarelli, PE, CFM

Current BUA Percentages By Basin

Current BUA Percentages By Parcel

Built-Upon Area (BUA) Background

Water Supply Watershed rules adopted between 1993 and 2001 require the installation of structural best management practices (BMPs) when

BUA reaches >24% (>20% in Lower

Lake Wylie Critical Area) and also set a cap on the total BUA.

Design requirements:

BUA shown on plans

Low Density / High Density BUA determinations required

BMPs sized for BUA

Construction requirements:

BMP easement on plat

O&M agreement recorded

Final Inspection of BMP

• BUA limit recorded on plat for single-family residential (SFR)

• BUA compliance demonstrated by asbuilt survey for SFR

Water Supply Watershed Areas in Mecklenburg County

Built-Upon Area (BUA) Background

Water Supply Watershed

(continued)

Implementation Issues:

No BUA left for homeowner improvements

Communication of limits

• SURPRISE…Non-Compliance when selling home

Alternatives:

Require reserve BUA on lots

• Overdesign BMPs for future

Change design standards (driveway strips)

Density Averaging Programs

Water Supply Watershed Areas in Mecklenburg County

Built-Upon Area (BUA) Background

Post-Construction rules went into effect in 2007 and 2008 for the

Towns, County and City of Charlotte that apply countywide. These rules require the installation of BMPs when

BUA exceeds a specific threshold.

Design requirements:

• BUA required to be shown on plans

Low Density / High Density BUA determinations required

BMPs sized for BUA

Construction requirements:

• BMP easement on plat

O&M agreement recorded

Final Inspection of BMP

• BUA limit recorded on plat for single-family residential (SFR)

• BUA compliance demonstrated by as-built survey for SFR

Post-Construction Areas in Mecklenburg County

Built-Upon Area (BUA) Background

Post-Construction

(continued)

Implementation Issues:

Ensuring future compliance of low density projects designed at

23.999% BUA

No lot limits on plat, how to prevent non-compliance

Communication of limits

Post-Construction Areas in Mecklenburg County

QUESTIONS THAT NEED ANSWERED

1. How can we better communicate BUA limits to the public and designers?

2. Why are commercial projects not required to demonstrate compliance with BUA limits after construction?

3. Why is BUA regulated different for Post-

Construction projects than for Watershed projects?

4. How to track BUA to ensure Low Density BUA

Limits are not exceeded and ensure BMPs do not become under-designed?

5. Can City / County develop a consistent regulatory approach?

How often does constructed BUA exceed planned BUA?

1. For residential – not likely due to survey requirement

2. For commercial – we don’t really know

Process

Goal: Develop an effective and efficient process for tracking and reporting the amount of built-upon area on parcels in Mecklenburg County as well as the specific built-upon area requirements applicable to these parcels .

Status: Beginning in November 2014, six (6) action items have been identified by City and County staff and are in the process of being completed.

BUA Tracking – Update on 6 Action Items

Action Item #1: For Watershed lots, place a notification in

POLARIS indicating BUA restrictions.

Status: Complete

BUA Tracking – Update on 6 Action Items

Action Item #2: Develop a method for improving the tracking of BUA limits through Polaris.

Status: Complete

BUA Tracking – Update on 6 Action Items

Action Item #3: Ensure that updated plats are placed on the website.

Status: Complete

BUA Tracking – Update on 6 Action Items

Action Item #4: Research ordinance language to allow added BUA to be required for new development.

Status: Complete

[1] Residential subdivisions approved after 2/17/03 shall reserve, at minimum, 1% of the lot area but in no case less than 150 sq. ft. impervious area per lot to allow for addition of future impervious areas by homeowner/occupant

BUA Tracking – Update on 6 Action Items

Action Item #5: Scans are deleted from Mecklenburg County Code Enforcement’s

Document Control database after six (6) years. These scans contain the BUA information for specific parcels. Once deleted, these records are permanently lost.

Status: Complete. Code Enforcement is not deleting/purging documents even if older than six years. Digital versions of many of these records are maintained on the Mecklenburg County Code Enforcement website at: http://imaging.mecklenburgcountync.gov/diwebportal/default.aspx

BUA Tracking – Update on 6 Action Items

Action Item #6: Develop a consistent process for the City and

County to ensure compliance with BUA restrictions after projects have been completed. If a consistent process cannot be developed between the City and County, then the processes will be developed separately.

Status: City and County are working together on a process.

In the interim, the Towns are requiring as-built surveys of built-upon area both for residential and commercial projects subject to Post-Construction ordinances and maximum allowable BUA per lot on plats.

Regency Park Neighborhood

Regency Park Neighborhood

Regency Park Neighborhood

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Regency Park Neighborhood

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Regency Park Neighborhood

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Regency Park Neighborhood

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Regency Park Neighborhood

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