§ 26-127. Development or redevelopment standards for low-density projects.

Low-density projects shall comply with each of the following standards:

(1)

Stormwater runoff from the development shall be transported from the development primarily by vegetated conveyances. As used in this section, the term "conveyance system" shall not include a stormwater collection system. Stormwater runoff from built-upon or disturbed areas that is directed to flow through any wetlands shall flow into and through these wetlands at a non-erosive velocity. In the event that excessive erosion is found to occur after the construction and final inspection, it shall be the responsibility of the permittee to make the necessary corrections to halt and prevent the erosion as well as repair the damage caused by the erosion.

(2)

All built-upon area shall be 30 feet landward of all perennial and intermittent surface waters. 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 surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233(3)(a) or similar site-specific determination made using division-approved methodology. Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g), development in new urban waterfront areas that meet the requirements of session law 2004-117, those activities listed in 15A NCAC 07H .0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), development of upland marinas, and water dependent structures, including, but not limited to, boat docks, boat ramps, and bulkheads, are allowed within 30 feet of surface waters provided that they have received all applicable federal, state, and local permits and approvals.

(3)

A condition of the issuance of the stormwater management permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants or both, to ensure that future development and redevelopment maintains the site consistent with the approved project plans.

(Code 2003, § 32-37; Ord. No. 09-05, 3-19-2009)