New OrdinanceBook57, Page 47charlottenc.gov/CityClerk/Ordinances/April 25, 2011.pdf · 2016. 4. 26. · april 25, 2011 ordinancebook57, page 47 ordinanceno. 4640-x 0-57 an ordinance

April 25, 2011Ordinance Book 57, Page 47

ORDINANCE NO. 4640-X 0-57

AN ORDINANCE TO AMEND ORDINANCE NUMBER 4450-X, THE 2010-2011BUDGET ORDINANCE, ESTIMATING AND APPROPRIATING FUNDING FROMTHE SALE OF THE JOHNSTON AND MECKLENBURG MILLS PROPERTIES TOTHE COMMUNITY BUILDERS, INC.

BE IT ORDAINED, by the City Council of the City of Charlotte;

Section 1. That the sum of $1,240,250 is hereby estimated to be available from TheCommunity Builders, Inc.

Section 2. That the sum of $1,240,250 is hereby appropriated to repay the principaland interest on the outstanding Section 108 Loan and other costs:

Fund: 2010; Center: 380.59; Line Item 199Fund: 2010; Center: 380.59; Line Item 102

$ 653,336+ 586,914$1,240,250

Section 3. That the existence of the project may extend beyond the end of the fiscalyear. Therefore, this ordinance will remain in effect for the duration of theprogram and funds are to be carried forward to subsequent fiscal yearsuntil all funds are expended.

Section 4. All ordinances in conflict with this ordinance are hereby repealed.

Section 5. This ordinance shall be effective upon adoption.

Approved as to form:

CERTIFICATION

I, Ashleigh Martin, Deputy City Clerk of the City ofCharlotte, North Carolina, DO HEREBY CERTIFY that theforegoing is a true and exact copy ofan Ordinance adopted by the City Council of the city ofCharlotte, NorthCarolina, in regular session convened on the 25th day of April, 20 II, the reference having been made in MinuteBook 131, and recorded in full in Ordinance Book 57, Page 47.

WITNESS my hand and the corporate seal ofthe City of Charlotte, North Carolina, this 28th day of Apr' .

...' <J~.'\f.r:~',

--c4~~'r!4zf)~t;;~~--J"'~ "~\' ,~to :~... ,.-'x) •."I-- , .... ...-;- ...... ::\U '(5'1~o" \1 ~o' «- $~ ". "'" .' \'>. ,'. A~ ~~~"'Q~~g G"- ....

ee••.; ..OR'.........'"8......'1'"


APPROVEDUYCITY COUNCIl,

Petition No.: 2010-072Petitioner: Quail Comers Associates, LLC

ORDINANCE NO. 4641-Z

APFI 2!j

AN ORDINANCE AMENDING THE CITY CODE WITH RESPECT TO THE ZONINGORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE:

Section 1. That the Official Zoning Maps referenced in Section 1.104 of the City of CharlotteZoning Ordinance are hereby amended by changing the zoning of the property described on theattached map from CC to CC (S.P.A.) Site Plan Amendment.

Section 2. The development and use of the property hereby rezoned shall be governed by thepredetennined ordinance requirements applicable to such district category, the approved site plan forthe district, and any additional approved rules, regulations, and conditions, all of which shallconstitute the zoning regulations for the approved district and are binding on the property as an .amendment to the regulations and to the Zoning Maps.

Section 3. That this ordinance shall become effective upon its adoption.

APPROVED AS TO FORM:

~~1 -JJ) I(C\kQ,-p~'JJ : ~ ~CitY Attorney \J ,,, V

CERTIFICATION

I, Stephanie Co Kelly, City Clerk of the City of Chadotte, North Carolina, DO HEREBY CERTIFY that theforegomg is a true and exact copy of an Ordinance adopted by the City Conncil of the City of Charlotte,North Carolina, in regular session convened on the 25th of April, 2011, the reference baving been made inMinute Book 132, and recorded in full in Ordinance Book 57, Page(s) 48-49.

WrfNESS my 11lllJild and the corporate seal of tbe City of Cbarlotte, Nortb Carolilla, this tbe 15th

<lay of JiIJIly,

2011.


Petition #::1 2010-072

Petitioner: Quail Comers Associates, LLC c/o Peter Pappas

Zoning Ciassification (Existing): __~C:.!"C,-- _(Commercial Center)

Zoning Classification (Requested): __..l,C~C,,-\(.;lS,-,=P"p.A~) ~--:- _(Commercial Center, Site Plan Amendment)

Acreage & Location: Approximately 14.40 acres located at the southwest corner of theintersection of Park Road and Sharon Road West.

WITHIN CHARLOTTECITY LIMITS

°~m:::15IiiOIC3;0!lll0_1ilII6.OcO==9iiOO__1,200!!Wm _ Feet

R-3

~ Requested CC(SPA) from CC

Zoning Map #(5) (157, 158 1

Map Produced by theCharlotte-Mecklenburg Planning Department

8-26-2010

CJ ExIsting Building- Footprints

PSI Existing Zoning~ Boundaries

tf'%.~(l'JCharlotte City Limits .

FEMA flood plain

JJr-!;'\1 VVatershed

lakes and Ponds

4:?<:r-o¢..f!>q. Creelts and Streams


CITY COUNCILPetition No.: 2011-009Petitioner: Crescent Res'ources, LLC


APFl 2 5 2011



Section 1. That the Official Zoning Maps referenced in Section 1.104 of the City of CharlotteZoning Ordinance are hereby amended by changing the zoning of the property described on theattached map from MUDD-O to MUDD-O S.P.A. (Site Plan Amendment).

Section 2. The development and use of the property hereby rezoned shall be governed by thepredetermined ordinance requirements applicable to such district category, the approved site plan forthe district, and auy additional approved rules, regulations, and conditions, all of which shallconstitute the zoning regulations for the approved district and are binding on the property as anamendment to the regulations and to the Zoning Maps.


OVED AS TO FORM:

CERTIFICATION

I, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that theforegoing is a true and exact copy of an Ordinance adopted by the City Conncil of the City of Charlotte,North Carolina, in regular session convened on the 25t

• of April, 2011, the reference having bee" made iiiMin"te Book 132, and recorded in fnll i" Ordinance Book 57, Page(s) 50-51.

WUNESS my haJilld aJilld the corporate seal ofthe City of Charlotte, North CamliIDla, this the 15th day of July,2011.


Petition #:1 2011·009 IPetitioner: Cresent Resources, LLC (Attn. Tim Dison)

Zoning Classification (Existing): _-----'M~U'.!eD~D~·~O~ _(Mixed Use Development District - Optional)

Zoning Classification (Requested): __-l.lMIl!U.!.JDb!JD~-O.!.J(.;;;Sw.P::...,JOA"-J.)L- _(Mixed Use Development District - Optional, Site Plan Amendment)

Acreage & Location: Approximately 7.81 acres located on Carnegie Boulevard .and west ofthe intersection between Assembly Street and Carnegie Boulevard.

WITHIN CHARLOTTeCITY LIMITS

a 100 200 400 600 800Iil...o_u__-==:::i__ Feet

Carnegie Bv

I777J Requested MUDD-O(S.PA)fLLLI from MUDD-O

1]f/)I!1)(j) 1:~ IO)L'c

r

Zoning Map #(s) DE]


11-29-2010

Existing BuildingFootprints

~ Existing Zoning~ Boundaries

I¥!)~~~FCharlotte City Limits

~ Historic District

FEMA flood plain

Watershed

Lakes and Ponds

¢;~$(j).f¢ Creeks and Streams


Petition No.: 2011-012Petitioner: Steve McGirt


", p' U 'J ,: ')0' 'I 'I'f\I\LJr.



Section 1. That the Official Zoning Maps referenced in Section 1.104 of the City of CharlotteZoning Ordinance are hereby amended by changing the zoning of the property described on theattached map from 1-2(CD) to 1-2(CD) S.P.A. (Site Plan Amendment).

Section 2. The development and use of the property hereby rezoned shall be governed by thepredetermined ordinance requirements applicable to such district category, the approved site plan forthe district, and any additional approved rilles, regulations, and conditions, all of which shallconstitute the zoning regulations for the approved district and are binding on the property as anamendment to the regulations and to the Zoning Maps.


APP OVED AS TO FORM:

CERTIFICATION

I, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that theforegoing is a true and exact copy of an Ordinance adopted by the City Council of the City of Charlotte,North Carolioa, in regular session convened on the 25'" of April, 2011, the reference having been made inMinute Book 132, and recorded in full in Ordinance Book 57, Page(s) 52-53.

WITNESS my haud and the corporate seal ofthe City of Charlotte, North Carolina, this the 15th day of July,2011.


Petition #:1 2011-012 IPetitioner: Steve McGirt

Zoning Classification (Existing): _---,--2I""-2"-\("'C"'D'.<-) _(General Industrial, Conditional)

Zon irog Classification (Requested): __"'1·2""C""C""D4-)-\CCS""."'P....,.AEhj..) _(General Industrial. Conditional. Site Plan Amendment)

Acreage 8. location: Approximately 5.613 acres located along Center Park Drive nearBeam Road.

;:1 (:.\

"INST

OUTSIDE CHARLOTTECITY LIMITS

o 150 300 600 900

~ Requested 1-2(CD) (S.P.A.) from 1-2(CD)

Zoning Map #(5) D:11]


12-30-2010



c,.{iJaowf)& Charlotte City Limits

FEMA flood plain

I:i:,:--;-\I Watershed

lakes and Ponds

lsi~$>It Creelcs and Streams


Petition No.: 2011-015Petitioner: Long Animal Hospital

APPROVED BYCITY COUNCIL




Section 1. That the Official Zoning Maps referenced in Section 1.104 of the City of CharlotteZoning Ordinance are hereby amended by changing the zoning of the property described on theattached map from MUDD-O to MUDD S.P.A. (Site Plan Amendment).

Section 2. The development and use of the property hereby rezoned shall be governed by thepredetermined ordinance requirements applicable to such district category, the approved site plan forthe district, and any additional approved rules, regulations, and ·conditions, all of which shallconstitute the zoning regulations for the approved district and are binding on the property as anamendment to the regulations and to the Zoning Maps.


CERTIFICATION

i, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Car~lina,DO ~REBY.CERTIFY that theforegoing is a true ami exact copy of an Ordinance adopted by the City Couucd of the City of Charlotte,North Carolina, in regular sessiou convened on the 25th IIf April, 2011, the reference having been made nnMim,te Book 132, and recorded in full in Ordinance Book 57, Page(s) 54-55.

WIfNESS my hand! ami the corporate seal of the City of Charlotte, North Carolina, this the 15'" day of July,

2011.

April 25, 2011Ordinalllce Book 57, Page 55

Petition #:I 2011·01 ~ JPetitioner: long AnimaJHospital

~ :'f.j........ 't·-

Zcming Classification (Existing): _-----.!M~U-"'D'.!oD~·O~ _(Mixed Use Development District, Optional)

Zen ing Classification (Requested): __lJ!M!.J,U!J,D"-!D.!-'·~Ou(k"Sw.Pw.,l:JAl..J.)L..- _(Mixed Use Development District, Optional, Site Plan Amendment)

Acreage & Location: Approximately 1.19 acres located on the east side of the intersectionat South Boulevard, Ideal Way and Remount Road.

INSIDE CHARLOTTECITYUMITS

o 75 150 300 450 600I!i_D,,-=__-==::::::Je._ Feet t2;2:3 Requested MUDD-O (S.P.A.) from MUDD-O

Zoning Map #(s) [ITi[]


12-30-2010


~ Existing Zoning~ Boundaries'

{l~'\:{y,flCharlotte City Limits

FEMA flood plain

Watershed

lakes and Ponds

<$r~flt4J, Creeks ~nd Streams


Petition No.: 2011-016Petitioner: Kidane Haile




Section 1. That the Offici8.I Zoning Maps referenced in Section 1.104 of the City of CharlotteZoning Ordinance are hereby amended by changing the zoning of the property described on theattached map from B-1 to NS.

Section 2. The development and use of the properly hereby rezoned shall be governed by thepredetermined ordinance requirements applicable to such district category, the approved site plan forthe district, and any additional approved rules, regulations, and conditions, all of which shallconstitute the zoning regulations for the approved district and are binding on the property as anamendment to the regulations and to the Zoning Maps.


APPR VED AS TO FORM:

~CERTIFICATION

I, Stephanie C. Kelly, City Clerk ofthe City of Charlotte, North Carolina, DO HEREBY CERTIFY thattheforegoing is a true and exact copy of an Ordinance adopted by the City Council of the City of Cha.-lotte,North Caroliua, in regular session convened on the 25tl

• of April, 2011, the reference having been made inMinute Book 132, and recorded in full in Ordinance Book 57, Page(s) 56-57.

WITNESS my band and the corporate seal of the City ofCbariotte, North Carolina, tbis the 15tl• day of July,

2011.

Stephanie C. Kelly, eM./


Petition #:I 2011·016 IPetitioner: Kidane Haile

Zoning Classification (Existing): -:-:-----:'B~.1'-:-::_,-----: _(Neighborhood Business)

Zon irng Classification (Requested): --;-;---,-'N"'S"--;--:::------;-_-,-- _(Neighborhood Services)

Acreage & Location: Approximately 0.26 acres located on the west side of Margaret WallaceRoad n~ar the intersection of Margaret Wallace Road and Idlewild Road.

o 75 150 300 450

/)I I<....., "

!vMatthews Town Limits

INSIDE CHARLOTTECITY LIMITS

~ "Requested NS from B-1

Zoning Map #(5)~


12-30-2010

1- __:~::.-] Existing BUilding-~. Footprints


,,;PvW'PCharlotte City Limits

FEMA flood plain

I\Lj Watershed

Lakes and Ponds

<~9t'l,/y ~'> Creeks and Streams


Petition No.: 2011-019Petitioner: Charlotte-Mecklenburg Storm Water Services


APPROVEDCITY COUNCIL

APR 25

AN ORDINANCE AMENDING APPENDIX AOF THE CITY CODE -ZONING ORDINANCE

ORDINANCE NO.

BE IT ORDA1NED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE:

Section 1. Appendix A, "Zoning" of the Code of the City of Charlotte is hereby amended as follows:

A. CHAPTER 10: OVERLAY DISTRICTS

1. PART 5: MOUNTAIN ISLAND LAKE WATERSHED OVERLAY

a. Amend Section 10.508, "Buffer Areas Required", subsection (3), "Additionalbuffer requirements", subsection (a) and subsection (b) by removing existinglanguage pertaining to County Environmental Protection Department and addinglanguage referring to Charlotte-Mecklenbqrg Storm Water Services. Theremaining subsection (3) shall remain unchanged. The revised text shall read asfollows:

Section 10.508. Buffer Areas Required.

Vegetative buffers are required along the shoreline ofMountain IslandLake measured from the normal pool elevation and along all perennialstreams measured from the bank on each side of the stream.

1. Critical Areas. In the CAl, CA2,CA3 and CA4 sub areasthe minimum buffer areas are as follows:

(a) All areas adjacent to normal pool elevation ofMountain Island Lake - 100 feet

(b) All areas adjacent to perennial streams - 100 ft. or100 year flood plain, whichever is greater

2. Protected Areas. In the PAl and PA2 sub areas theminimum buffer areas are as follows:

(a) All areas adjacent to perennial streams in the PAlsub area:

1. low density option - 50'2. high density option - 100'

1


All areas adjacent to perennial streams in the PA2sub area:

I. low density option - 30'2. high density option - 100'

(c) Buffer areas are not required in the PA3 sub area

3. Additional buffer requirements:

No permanent structures, built upon areas, septic tankssystems or any other disturbance of existing vegetationshall be allowed within the buffer except as follows:

a. No trees larger than 2-inch caliper are to beremoved except for dead or diseased trees. Treesless than 2 inch caliper and undergrowth may beremoved to be replaced by an effective stabilizationand filtering ground cover based upon the"Watershed Buffer Guidelines for MecklenburgCounty" contained in Appendix 5 and as approvedby Charlotte-Mecklenburg Storm Water Services.(Petition No. 2001-130, § 10.508(3)(a); 11-19-01)

b. Stream bank or shoreline stabilization is allowed asapproved on a plan submitted to the applicableEngineering Department and CharlotteMecklenburg Storm Water Services.

c. Water dependent structures and public projects suchas road crossings and greenway paths are allowedwhere no practical alternativeexists. Theseactivities should minimize built-upon surface area,direct run off away from surface waters, andmaximize the utilization ofnonstructural BMP's andpervious materials.

d. During new development or the expansion ofexisting development the cIty of Charlotte canrequire enhancement of the existing vegetation inthe buffer if necessary so that the buffer caneffectively perform its filtering and absorptionfunctions based on the "Watershed BufferGuidelines for Mecklenburg County" contained inAppendix 5.(petittonNo. 2001-130, § 10.508(3)(d), 11-19-01)

e. In the PAl and PA2 sub areas, non-imperviousrecreational development and non-imperviouspedestrian trails may be allowed in the requiredbuffer if located a minimum of 30' from the stream

2


bank.

b. Amend Section 10.509, "High Density Option" by removing existing language"Mecklenburg" from Charlotte-Mecldenburg Land Development StandardsManual. Amend subsection (2), "Structural BMP's" by removing existinglanguage pertaining to the North Carolina Division of Water Quality, addinglanguage referring to the Charlotte-Mecklenburg BMP Design Manual andremoving existing language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards Manual. Amend subsection (3), "Installation-of StructuralBMP's" by removing existing language pertaining to the EnvironmentalProtection Department. Amend subsection (4), "Maintenance Responsibility ofStructural BMP's" by removing existing language "Mecklenburg" fromCharlotte-Mecklenburg Land Deve10pment Standards Manual. The remainingSection 10.509 shall remain unchanged. The revised text shall read as follows:

Section 10.509. High Density Option.

The High Density Option allows for a greater development densityprovided engineered controls (Structural BMP's) are used to manage stormwater runoff. Structural BMP's are required under the High DensityOption. High density development shall meet the requirements of thissection, the Charlotte Land Devel9pment Standards Manual and otherpublished standards of the City Engineering Department.

1. High Density Permit Application.

A. A High Density Development Permit shall berequired for new development exceeding therequirements of the low density option.

B. Application for a High Density Development Permitshall be submitted as follows:

1. Development plans subject to theSubdivision Ordinance and the Sedimentand Erosion Control Ordinance andreviewed through the CharlotteMecklenburg Planning Commission willsubmit the High Density Devel9pmentPermit to the Subdivision Administrator aspart of the subdivision review applicationprocess.

2. Development plans not subject to theSubdivision Ordinance will submit the HighDensity Development Permit to the CityEngineer as part of the Sediment andErosion Control requirements of thebuilding permit application process.

3

April 25, 2011Ordinance Book 57, Page 61,

3. Applications for the High Density Optionshall be made on the proper form and shallinclude the following information:

a. A completed High DensityDevelopment Permit Applicationsigned by the owner of the property.The signature of the consultingengineer or other agent will beaccepted on the application only ifaccompanied by a letter ofauthorization.

b. Required number of developmentplans and specifications of the stormwater control structure.

c. Submittal of a sediment and erosioncontrol plan to the appropriateagency.

d. Permit application fees.

2. Structural BMP's.

A. All Structural BMP's shall be designed and stampedby either a North Carolina registered professionalengineer or landscape architect.

B. Structural BMP's shall be designed for specificpollutant removal according to modeling techniques·approved in the latest revision of the CharlotteMecklenburg BMP Design Manual. Specificrequirements for these systems shall be inaccordance with the design criteria and standardscontained in the Charlotte Land DevelopmentStandards Manual.

j

C. Qualifying areas of the Structural BMP's may beconsidered pervious when computing total builtupon area. However, if the structure is used tocompute the percentage built-upon area for one site,itshall not be used to compute the built-upon areafor any other site or area.

D. The design of the Structural BMP's shall include theappropriate easements for ingress and egressnecessary to perform inspections, maintenance,repairs and reconstruction.

4


3. Installation of Structural BMP's.

A. SUBDIVISIONS - Posting of FinancialSecurity Required

When Structural BMP's are required underthe High Density Option for subdivisions,the approval of the High DensityDevelopment Permit will be subject to theowner filing a surety bond or letter of creditor making other tmancial arrangementswhich are acceptable to the City EngineeringDepartment in an amount to be determinedbythe City Engineering Department inconsultation with other agencies in a formwhich is satisfactory to the City Attorney,guaranteeing the installation andmaintenance of the required StructuralBMP's until issuance of certificates ofoccupancy for seventy-five percent (75%) ofall construction which might reasonably beanticipated to be built within the area whichdrains into the Structural BMP's allowingcredit for improvements completed prior tothe submission ofthe final plat. Uponissuance of certificates of occupancy forseventy-five percent (75%) of all anticipatedconstruction relative to the requiredStructural BMP's, written notice thereofmust be given by the owner to the CityEngineering Department. The CityEngineering Department will arrange for aninspection of the Structural BMP's and iffound satisfactory, will within 30 days of thedate of notice notify the owner in writing.

B. Property Other Than SUBDIVISIONS Civil Penalties

\

Any person who fails to install or maintainthe required structural BMP in accordancewith this chapter shall be subject to a civilpenalty of not more than $500. No penaltiesshall be assessed until the person alleged tobe in violation has been notified of theviolation by registered or certified mail,return receipt requested, or other meanswhich are reasonably calculated to giveactual notice. The notice shall describe the

5


violation with reasonable particularity,specify a reasonable time period withinwhich the violation must be corrected, andwarn that failure to correct the violationwithin the time period will result in theassessment of a civil penalty or otherenforcement action. Each day that theviolation continues shall constitute aseparate violation.

4. Maintenance Responsibility of Structural BMP's.

A. For single-family developments, the owner maypetition the City Council for acceptance ofmaintenance responsibilities of the StructuralBMP's. The City will accept maintenanceresponsibilities if the Structural BMP's have beenbuilt according to standards contained in theCharlotte Land Development Standards Manual orother published standards of the City Engineer andare functioning as designed, provided, however, thatthe City Council may attach reasonable conditionsto its acceptance of maintenance responsibilitiesincluding requiring the granting of appropriateeasements for ingress and egress.

B. Maintenance of Structural BMP's other than thosein single-family developments, which have beenaccepted by the City, shall be the responsibility ofthe property owner. The property owner may applyfor a credit to the property's storm water feeaccording to the policies of Charlotte-MecklenburgStorm Water Services to compensate for thisresponsibility. The property owner will beresponsible for the on-going maintenance of theStructural BMP's. If at any time the BMP's are notproperly maintained, the credit will be suspended.

>5. Additional Requirements.

An Occupancy Permit shall not be issued for any buildingwithin the permitted development until the CityEngineering Department has approved the storm watercontrol structure, as provided in Section lO.608.3(A).

2. PART 6: CATAWBA RlVERILAKE WYLIE WATERSHED OVERLAY

a. Amend Section 10.608, "Buffer Areas Required", subsection (3), "Additionalbuffer requirements", subsection (a) and subsection (b) by removing existing

6


language pertaining to County Environmental Protection Department and addinglanguage referring to Charlotte-Mecklenburg Storm Water Services. Theremaining subsection (3) shall remain unchanged. The revised text shall read asfollows:

Section 10.608. Buffer areas required.

Vegetative buffers are required along the shoreline of the CatawbaRiver/Lake Wylie measured from the normal pool elevation and along allperennial streams measured from the top of bank on each side of thestream.

1. Critical Area

In the critical area the minimum buffer areas are as follows:

a. low density option - 100'b. high density option - 100'

2. Protected Area

In the protected area the minimum buffer areas are asfollows:

a. low density option - 40'b. high density option - 100'



a. No trees larger than 2-inch caliper are to beremoved except for dead or diseased trees. Treesless than 2-inch caliper and undergrowth may beremoved to be replaced by an effective stabilizationand filtering ground cover based upon the"Watershed Buffer Guidelines for Mec1denburg'County" contained in Appendix 5 and as approvedby Charlotte-Mecklenburg Storm Water Services.

b. Streambank or shoreline stabilization is allowed asapproved on a plan submitted to the applicableEngineering Department and CharlotteMecklenburg Storm Water Services.

c. Water dependent structures and public projects suchas road crossings and greenway paths are allowedwhere no practical alternative exists. These

7


activities should minimize built-upon surface area,direct runoff away from surface waters andmaximize the utilization of nonstructural BMP's andpervious materials.

d. During new development or the expansion ofexisting development the City canrequireenhancement of the existing vegetation in the bufferifnecessary so that the buffer can effectivelyperform its filtering and absorption functions basedon the "Watershed Buffer Guidelines forMecklenburg County" contained in Appendix 5.

e. Non-impervious recreational development and nonimpervious pedestrian trails may be allowed in therequired buffer if located a minimum of 30' fromthe stream banle

4. Mitigations of disturbed buffers reguired.

Should existing vegetation within the buffer be disturbed(except as allowed by this Ordinance) or should vegetation,which was added to a buffer pursuant to the requirement thatexisting vegetation in the buffer be enhanced, be disturbed(except as allowed by this Ordinance), Engineering andProperty Management (for commercial and planned multifamily projects and change of use permits) or NeighborhoodDevelopment (for all other residential projects and change ofuse permits) shall require that any vegetation remaining inthe buffer be enhanced in accordance with the "WatershedBuffer Guidelines for Mecklenburg County" contained inAppendix 5 so that the buffer can effectively perform itsfiltering and absorption functions.(petition No. 2005-78, § 10.608(4),06120105

b. Amend Section 10.609, "High Density Option" by removing existing language"Mecklenburg" from Charlotte-Mecklenburg Land Development StandardsManual. Amend subsection (2), "Structural BMP's" by removing existinglanguage pertaining to the North Carolina Division of Water Quality, addinglanguage referring to the Charlotte-Mecldenburg BMF Design Manual and

A

removing existing language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards Manual. Amend subsection (3), "Installation ofStructuralBMF's" by removing existing language pertaining to the EnvironmentalProtection Department. Amend subsection (4), "Maintenance Responsibility of

.Structural BMF's" by removing existing language "Mecklenburg" fromCharlotte-Mecklenburg Land Development Standards Manual. The remainingSection 10.609 shall remain unchanged. The revised text shall read as follows:


8


The High Density Option allows for a greater development densityprovided engineered controls (Structural BMP's) are used to manage stormwater runoff. Structural BMP's are required under the High DensityOption. High density development shall meet the requirements of thissection, the Charlotte Land Development Standards Manual and other .published standards of the City Engineering Department.

1. High Density Permit Application.


B. Application for a High Density Development Permitshall be submitted as follows:

1. Development plans subject to theSubdivision Ordinance and the Sedimentand Erosion Control Ordinance andreviewed through the CharlotteMecklenburg Planning Commission willsubmit the High Density DevelopmentPermit to the Subdivision Administrator aspart of the subdivision review applicationprocess.

2. Development plans not subj ect to theSubdivision Ordinance will submit the HighDensity Development Permit to the CityEngineer as part of the Sediment andErosion Control requirements of thebuilding permit application process.

3. Applications for the High Density Optionshall be made on the proper form and shallinclude the following information:

a. A completed High DensityDevelopment Permit Application

I signed by the owner of the property.The signature of the consultingengineer or other agent will beaccepted on the application only ifaccompanied by a letter ofauthorization.

b. Required number of developmentplans and specifications of the stormwater control structure.

9




2. Structural BMP's

A. All Structural BMP's shall be designed and stampedby either aNorth Carolina registered professionalengineer or landscape architect.

B. Structural BMP's shall be designed for specificpollutant removal according to modeling techniquesapproved in the latest revision of the CharlotteMecklenburg BMP Design Manual. Specificrequirements for these systems shall be inaccordance with the design criteria and standardscontained in the Charlotte Land DevelopmentStandards Manual.

C. QualifYing areas of the Structural BMP's may beconsidered pervious when computing total builtupon area. However, if the structure is used tocompute the percentage built-upon area for one site,it shall not be used to compute the built-upon areafor any other site or area.

D. The design of the Structural BMP's shall includethe appropriate easements for ingress and egressnecessary to perform inspections, maintenance,repairs and reconstruction.

3. Installation of Structural BMP's

A. SUBDIVISIONS - Posting of Financial SecurityRequired

When Structural BMP's (Structural BMP's) arerequired under the High Density Option forsubdivisions, the approval of the High DensityDevelopment Permit will be subject to the ownerfiling a surety bond or letter of credit or makingother [mancial arrangements which are acceptableto the City Engineering Department in an amount tobe determined by the City Engineering Departmentin consultation with other agencies in a form whichis satisfactory to the City Attorney, guaranteeing theinstallation and maintenance of the requiredStructural BMP's until issuance of certificates of

10


occupancy for seventy-five percent (75%) of allconstruction which might reasonably be anticipatedto be built within the. area which drains into theStructural BMP's, allowing credit for improvementscompleted prior to the submission of the final plat.Upon issuance of certificates of occupancy forseventy-five percent (75%) of all anticipatedconstruction relative to the required StructuralBMP's, written notice thereofinust be given by theowner to the City Engineering Department. TheCity Engineering Department will arrange for aninspection of the Structural BMP's and iffoundsatisfactory, will within 30 days of the date ofnotice notify the owner in writing.

B. Property Other Than SUBDNISIONS - CivilPenalties

Any person who fails to install or maintain therequired structural BMP in accordance with thischapter, shall be subject to a civil penalty of notmore than $500. No penalties shall be assesseduntil the person alleged to be in violation has beennotified of the violation by registered or certified.mail, return receipt requested, or other means whichare reasonably calculated to give actual notice. Thenotice shall describe the violation with reasonableparticularity, specify a reasonable time periodwithin which the violation must be corrected, andwarn that failure to correct the violation within thetime period will result in the assessment of a civilpenalty or other enforcement action. Each day thatthe violation continues shall constitute a separateviolation.

4. Maintenance Responsibility of Structural BMP's

A. For single family developments, the owner may ,petition the City Council for acceptance ofmaintenance responsibilities ofthe StructuralBMP's. The City will accept maintenanceresponsibilities if the Structural BMP's have beenbuilt according to standards contained in theCharlotte Land Development Standards Manual orother published standards of the City Engineer andare functioning as designed, provided, however, thatthe City Council may attach reasonable conditionsto its acceptance of maintenance responsibilitiesincluding requiring the granting of appropriateeasements for ingress and egress.

II


B. Maintenance of Structural BMP's other than thosein single family developments which have beenaccepted by the City shall be the responsibility ofthe property owner. The property owner may applyfor a credit to the property's storm water feeaccording to the policies of Charlotte-MecklenburgStorm Water Services to compensate for thisresponsibility. The property owner will beresponsible for the on-going maintenance of theStructural BMP's. If at any time the BMP's are notproperly maintained, the credit will be suspended.

5. Additional Requirements

An Occupancy Permit shall not be issued for any buildingwithin the permitted development until the CityEngineering Department has approved the stormwatercontrol structure, as provided in Section 10.609.3(A).

3. PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY

a. Amend Section 10.704, "Lower Lake Wylie Watershed Overlay District Subareasestablished", subsection (l) and subsection (2) by removing existing language <

pertaining to Mecklenburg County Zoning Maps and adding language referring toCity of Charlotte Zoning Maps. The remaining Section 10.704 shall remainunchanged. The revised text shall read as follows:

Section 10.704. Lower Lake Wylie Watershed Overlay DistrictSubareas established.

I. Critical Area. The Critical Area extends one-halfmile (Yz)inland from the full pond elevation of 569.4' above sealevel of Lower Lake Wylie from the upstream side of thePaw Creek Arm ("Paw Creek Cove"), to the South Carolinastate line as shown more specifically on the City ofCharlotte Zoning Maps.

,2. Protected Area. The Protected Area extends from the outer

boundaries of the Critical Area to the extent of thewatershed or approximately five (5) miles from the Lakeupstream in the Paw Creek drainage basin as shown morespecifically on the City of Charlotte Zoning Maps.

b. Amend Section 10.708, "Buffer Areas Required", subsection (3), "Additionalbuffer requirements", subsection (a) and subsection (b) and subsection (5) byremoving existing language pertaining to County Environmental ProtectionDepartment and adding language referring to Charlotte-Mecklenburg StormWater Services. The remaining Section 10.708 shall remain unchanged. Therevised text shall read as follows:

12


Section 10.708. Buffer areas required.

Undisturbed vegetative buffers are required along the shoreline oftheLower Lake Wylie measured from the full pond elevation and along eachside of all perennial streams measured from the top of bank.

I. Critical Area

In the critical area the minimum buffer areas are as follows:

a.b.

low density optionhigh density option

50'100'

2. Protected Area

In the protected area the mininium buffer areas are asfollows:

a.b.

low density optionhigh density option

40'100'



a. No trees larger than 2-inch caliper are to beremoved except for dead or diseased trees. Treesless than 2-inch caliper and undergrowth may beremoved to be replaced by an effective stabilizationand filtering ground cover based upon theWatershed Buffer Guidelines for MecklenburgCounty contained in Appendix 5 and as approvedby Charlotte-Mecklenburg Storm Water Services.

b. Streambank or shoreline stabilization is allowed as\ approved on a plan submitted to the City Engineer

and Charlotte-Mecklenburg Storm Water Services.

c. Water dependent structures and public projects suchas road crossings, sewer lines, runways andgreenway paths are allowed where no practicalalternative exists. These activities should minimizebuilt-upon surface area, direct runoff away fromsurface waters and maximize the utilization ofnonstructural BMP's and pervious materials.

13


d. During new development or the expansion ofexisting development the City can requireenhancement of the existing vegetation in the bufferif necessary so that the buffer can effectivelyperform its filtering and absorption functions basedon the Watershed Buffer Guidelines forMecklenburg County contained in Appendix 5.

e. Non-impervious recreational development and nonimpervious pedestrian trails may be allowed in therequired buffer iflocated a minimum of30 feetfrom the stream banle

f. Buffer width shall be increased 50% for newdevelopments under the high-density option locatedalong the lakeshore that have average slopes equalto or greater than 50% within the 100 foot buffer.

The average slope shall be calculated by measuringthe slope from the highest and lowest elevations atthe 100-foot buffer to the 569.4 foot full pondelevation of Lake Wylie. The sum of the two (2)measurements will be divided by two (2) todetermine the average slope within the 100-footbuffer. The additional buffer area shall be appliedin areas of the tract where slopes are greatest toobtain the maximum benefit from the increasedbuffer area.

4. Re-Vegetation of disturbed buffers required.

Should existing vegetation within the buffer be disturbed (exceptas allowed by this Ordinance) or should vegetation which wasadded to a buffer pursuant to the requirement that existingvegetation in the buffer be enhanced be disturbed (except asallowed by this Ordinance), the Engineering and PropertyManagement (for commercial and planned multi-family projectsand change ofu~e permits) or Neighborhood Development (forall other residential projects and change ofuse peimits) shallrequire that any vegetation remaining in the buffer be enhancedin accordance with the Watershed Buffer Guidelines forMecklenburg County contained in Appendix 5 so that the buffercan effectively perform its filtering and absorption functions.(Petition No. 2005-78, § 10.708(4),06/20/05)

5. If a building permit is required for property improvementunder the High Density Option, which will result in anincrease in impervious area, shoreline stabilization isrequired as needed and allowed when unstable shorelinesare present; and as approved on a plan submitted to the City

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April 25, 2011Ordinllnce Book 57, P,age 72

Engineer or their designee and Charlotte~Mecklenburg

Storm Water Services and as allowed by Duke Power'sShoreline Management Plan.

c. Amend Section 10.709, "Mitigation" by removing existing language pertaining toMecklenburg County Environmental Protection Department, adding ianguagereferring to Charlotte-Mecklenburg Storm Water Services and removing existinglanguage "Mecklenburg" from Charlotte-Mecklenburg Land DevelopmentStandards Manual. Amend, subsection (1), "Buffer Restoration" by removingexisting language pertaining to Mecklenburg County Environmental ProtectionDepartment and adding language referring to Charlotte-Mecklenburg StormWater Services. The remaining Section 10.709 shall remain unchanged. Therevised text shall read as follows:

Section 10.709. Mitigation.

Buffer impacts are allowed only under legitimate "hardship" situationsand only following approval of a site-specific mitigation plan byCharlotte-Mecklenburg Storm Water Services. The following techniquesare available for mitigation. Specifications for these pre-approvedmitigation techniques are provided in the Charlotte Land DevelopmentStandards Manual.

L Buffer Restoration:

The owner may restore and preserve the buffer area on anystream of equivalent or greater drainage area within theLower Lake Wylie Watershed area the condition of whichis determined to be qualified for restoration by CharlotteMecklenburg Storm Water Services on a l: 1 basis utilizingthe square feet of buffer impacted. This restoration shallinclude stream bank improvements.

2. Buffer Preservation:

The owner may purchase, fee simple, other streamsegments at equivalent or greater drainage area on a 1: 1square foot basis and convey fee simple,and absolute titleto the land to the City/County or other conservationorganization.

3. Mitigation Credits:

15


The purchase of mitigation credits on a 1:1 basis utilizingthe square feet of buffer impacted and the established rateofpurchase shall allow for stream buffer impacts on thespecific site. Mitigation credits purchased under any otherprogram (i.e., U.S. Army Corp ofEngineers) shall notcover this requirement unless the issuing agency agrees torelinquish the funds to the appropriate City/County agency.

d. Amend Section 10.71 0, "High Density Option" by removing existing language"Mecklenburg" from Charlotte-Mecklenburg Land Development StandardsManuaL Amend subsection (2), "Structural BMP's" by removing existinglanguage pertaining to the North Carolina Division of Water Quality, addinglanguage referring to the Charlotte-Mecklenburg BMP Design Manual andremoving existing language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards ManuaL Amend subsection (3), "Installation of StructuralBMP's" by removing existing language pertaining to the EnvironmentalProtection Department. Amend subsection (4), "Maintenance Responsibility ofStructural BMP's" by adding language Charlotte to the existing LandDevelopment Standards ManuaL The remaining Section 10.710 shall remainunchanged. The revised text shall read as follows:


The High Density Option allows for a greater development densityprovided engineered controls (Structural BMP's) are used to managestormwater runoff. Structural BMP's are required under the High DensityOption. High density development shall meet the requirements ofthissection, the Charlotte Land Development Standards Manual and otherpublished standards of the City Engineering Department.

I. High Density Permit Application.


B. i\pplication for a High Density Development Permitshall be submitted as follows:

1. Development plans subject to theSubdivision Ordinance and the Sedimentand Erosion Control Ordinance andreviewed through the CharlotteMecklenburg Planning Commission willsubmit the High Density DevelopmentPermit to the Subdivision Administrator aspart of the subdivision review applicationprocess.

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April 25, 2011Ordinance B~ok57, Page 74

11. Development plans not subject to theSubdivision Ordinance will submit the HighDensity Development Permjt to the CityEngineer as part of the Sediment andErosion Control requirements of thebuilding permit application process.

lll. Applications for the High Density Optionshall be made on the proper form and shallinclude the following information:

a. A completed High DensityDevelopment Permit Applicationsigned by the owner of the property.The signature of the consultingengineer or other agent will beaccepted on the application only ifaccompanied by a letter ofauthorization.

b. Required number of developmentplans and specifications of thestormwater control structure.



2. Structural BMP's

A. All Structural BMP's shall be designed and stampedby either aNorth Carolina registered professionalengineer or landscape architect.

B. Structural BMP's shall be designed for specificpollutant removal according to modeling techniquesapproved in the latest revision of the CharlotteMecklenburg BMP Design Manual. Specificrequirements for these systems shall be inaccordance with the design criteria and standardscontained in the Charlotte Land DevelopmentStandards Manual.

C. Qualifying areas of the Structural BMP's may beconsidered pervious when computing total builtupon area. However, if the structure is used tocompute the percentage built-upon area for one site,it shall not be used to compute the built-upon areafor any other site or area.

17


D. The design of the Structural BMP's shall includethe appropriate easements for ingress and egressnecessary to perform inspections, maintenance,repairs and reconstruction.

3. Installation of Structural BMP's

A. SUBDIVISIONS - Posting of Financial SecurityRequired

When Structural BMP's (Structural BMP's) arerequired under the High Density Option forsubdivisions, the approval of the High DensityDevelopment Permit will be subject to the ownerfiling a surety bond or letter Of credit or making'other financial arrangements which are acceptableto the City Engineering Department in an amount tobe determined by the City Engineering Departmentin consultation with other agencies in a form whichis satisfactory to the City Attorney, guaranteeing theinstallation and maintenance of the requiredStructural BMP's until issuance qf certificates ofoccupancy for seventy-five percent (75%) ofallconstruction which might reasonably be anticipatedto be built within the area which drains into theStructural BMP's, allowing credit for improvementscompleted prior to the submission of the final plat.Upon issuance of certificates of occupancy forseventy-five percent (75%) of all anticipatedconstruction relative to the required StructuralBMP's, written notice thereofmust be given by theowner to the City Engineering Department. TheCity Engineering Department will arrange for aninspection of the Structural BMP's and if foundsatisfactory, will within 30 days of the date ofnotice notify the owner in writing.

1

B. Property Other Than SUBDIVISIONS - CivilPenalties

Any person who fails to install or maintain therequired structural BMP in accordance with thischapter, shall be subject to a civil penalty of notmore than $500. No penalties shall be assesseduntil the person alleged to be in violation has beennotified of the violation by registered or certifiedmail, return receipt requested, or other means whichare reasonably calculated to give actual notice. Thenotice shall describe the violation with reasonable

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April 25, 2011Ordi.nance Book 57, Page 76

particularity, specify a reasonable time periodwithin which the violation must. be corrected, aodwarn that failure to correct the violation within thetime period will result in the assessment of a civilpenalty or other enforcement action. Each day thatthe violation continues shall constitute a separateviolation.

4. Maintenaoce Responsibility of Structural BMP's

A. For single family developments, the owner maypetition the City Council for acceptaoce ofmaintenaoce responsibilities of the StructuralBMP's. The City will accept maintenaoceresponsibilitiesif the Structural BMP's have beenbuilt according to staodards contained in theCharlotte Laod Development Staodards Manual orother published staodards of the City Engineer aodare functioning as designed, provided, however, thatthe City Council may attach reasonable conditionsto its acceptaoce ofmaintenaoce responsibilitiesincluding requiring the graoting of appropriateeasements for ingress aod egress.

B. Maintenaoce of Structural BMP's other thao thosein single family developments which have beenaccepted by the City shall be the responsibility ofthe property owner. The property owner may applyfor a credit to the property's stonn water feeaccording to the policies of Charlotte-MecklenburgStonn Water Services to compensate for thisresponsibility. The property owner will beresponsible for the on-going maintenaoce of theStructural BMP's. If at aoy time the BMP's are notproperly maintained, the credit will be suspended.

5. Additional Requirements

An Occupaocy Pennit shall not be issued for aoy buildingwithin the pennitted development until the CityEngineering Department has approved the stonnwatercontrol structure, as provided in Section 10.7l0.3(A).

B. CHAPTER 12: DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY

1. PART 6: STORMWATER DRAINAGE

a. Amend Section 12.603, "Staodards forplao approval", subsection (1) byremoving existing laoguage "Mecklenburg" from Charlotte-Mecklenburg Laod

19


Development Standards Manual and by revising title of Charlotte-MecklenburgStorm Drainage Design Manual to Charlotte-Mecklenburg Storm Water DesignManual. Amend subsection (3) by removing existing language "Mecklenburg"from Charlotte-Mecklenburg Land Development Standards Manual. Theremaining Section 12.603 shall remain unchanged. The revised text shall read asfollows:

Section 12.603. Standards for plan approval.

The following standards shall be met for approval of a storm waterdrainage plan:

(I) The City Engineer shall review the drainage plan forcompliance with the standards contained in the currentedition of the Charlotte Land Development StandardsManual, the Charlotte-Mecklenburg StormWater DesignManual, which is to be adopted in its entirety pursuant toG.S. 160A-76, and all other relevant and appropriatestandards established by the Engineering Department.

(2) The City Engineer shall not approve a drainage plan if theimpervious ground cover proposed in the plan wouldincrease the peak level of storm Iwater runoff from the site,uuless the drainage plan identifies measures to control andlimit runoff to peak levels no greater than would occurfrom the site if left in its natural, undeveloped condition.

(3) All storm water collection and drainage systems shall bedesigned in compliance with the Charlotte LandDevelopment Standards Manual.

2. PART 8: S.W.I.M. (SURFACE WATER IMPROVEMENT AND MANAGEMENT)STREAM BUFFERS STORMWATER DRAINAGE

a. Amend Section 12.804, "Buffer Standards", subsection (2), Footnote (I) byremoving existing language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards Manual. Amend subsection (3), "Diffuse flowrequirflment" by removing existing language "Mecklenburg" from CharlotteMecklenburg Land Development Standards Manual. The remaining Section12.804 shall remain unchanged. The revised text shall read as follows:

Section 12.804. Buffer Standards.

Required stream buffer widths vary based on the size of the upstreamdrainage basin. Mecklenburg County's Geographic Information System(GIS) will serve as a tool to delineate the size of drainage basins andspecifY the corresponding buffer widths. S.W.I.M. stream bufferrequirements specified,in this PART 8 begin at the point where the streamdrains 100 acres or greater. Refer to the Charlotte-Mecklenburg StormWater Design Manual for optional buffers on streams, which drain less

20


than 100 acres.

(I) Buffer widths for streams draining equal to and greater than .100 acres

Buffers are required for streams draining areas equal to orgreater than 100 acres as specified below. Buffer widthsfor these streams are measured horizontally on alineperpendicular to the surface water, landward from the topof the bank on each side of the stream.

Drainage Area Stream Side Managed Use Upland Total WidthDesignation Zone Zone Zone of Buffer on each side

of Stream

> 100 acres 20, feet None 15 feet 35 feet

> 300 acres 20 feet 20 feet 10 feet 50 feet

> 640 acres (1) 30 feet 45 feet 25 feet PLUS 50% of 100 feet PLUS 50% ofthe area ofthe FEMA the area ofthe FEMAfringe beyond 100 feet fringe beyond 100 feet

FOOTNOTES:(1) Buffer widths for drainage areas of > 640 acres:

1. The FEMA fringe and FLUM floodway encroachmentlines will be used for floodplain and buffer calculations.

2. If the floodplain is less than 100 feet wide, the totalwidth of the buffer on that side of the stream will be100 feet except as provided in 4. below.

3. The landowner/developer has discretion to designatethe buffer zone beyond the I DO-foot minimum. Theadditional buffer area beyond 100 feet must becontiguous with at least a portion of the required 100foot buffer 'and be configured in such a manner as tobenefit water quality.

4. So long as the total buffer width is maintained, thebuffer may vary in width on either side of the streambased on individual stream side topography provided'that the owner(s) control both sides of the stream andthe stream side zone is maintained on both sides of thestream.

5. Buffer requirements do not apply to the main channelof the Catawba River including Lake Norman,

21


Mountain Island Lake and Lake Wylie.

(2) Buffer description

Buffer function, vegetation and use vary according to thedifferent buffer zones as described in the following table.

Characteristics Stream Side Zone Managed Use Zone Upland Zone

Function Protect the integrity of the Provide distance between Prevent encroachment andecosystems upland development and filter runoff

the stream side zone

Vegetative Undisturbed (no cutting or Limited clearing ~ Grass or other herbaceous

Targets (I)clearing allowed) - If existing Existing tree density must ground cover allowed -tree density is inadequate, be retained to a minimum Forest is encouragedreforestation is encouraged of 8 healthy trees of a

minimum 6 inch caliperper 1000 square feet ~ Ifexisting tree density isinadequate, reforestation isencouraged

Uses (2) Very restricted - Permitted Restricted - Permitted Restricted - Permitted usesuses limited to: flood control uses limited to: all uses limited to: all uses allowed instructures and bank allowed in the Stream Side the Stream Side andstabilization as well as Zone, as well as storm Managed Use Zones, as wellinstallation ofutilities and water best management as grading for lawns,road crossings with practices (BMPs), bike gardens, and gazebos andstabilization of disturbed paths, and greenway trails storage buildings (non-areas as specified in Section (not to exceed 10 feet in commercial and not to12.806.2 width) exceed 150 square feet)

FOOTNOTES:

(I) Re-vegetation of disturbed buffers is required as specified inthe Charlotte Land Development Standards Manual when suchdisturbances result in the failure of the buffer system to complywith the vegetative targets specified above. The manual alsocontains recommended tree densities for each zone forvoluntary reforestation efforts. f

(2) Fill material can not be brought into the buffer. Grading isallowed only in the Upland Zone. Commercial buildings oroccupied structures are not allowed in the buffer. Permitteduses within the buffer zones should be coordinated to ensureminimal disturbance of the buffer system.. For example, if it isnecessary to install utilities within the buffer, every attemptshould be made to build greenway trails so they follow thecleared areas instead of additional clearing.

22


(3) Diffuse flow reguirement

Diffuse flow ofrunoff shall be maintained in the buffer bydispersing concentrated flow and reestablishing vegetation.Techniques for providing diffuse flow are specified in theCharlotte Land Development Standards Manual.

(a) Concentrated runoff from ditches or other manmadeconveyances shall be converted to diffuse flowbefore the runoff enters the buffer.

(b) Periodic corrective action to restore diffuse flowshall be taken by the property owner as necessary toprevent the formation of erosion gullies.

(4) Ponds

Ponds, which intersect the stream channel, shall have thesame buffers as the original stream measured from the topof the bank of the pond. Buffer requirements shall notapply to wet ponds used as structural BMPs.

(5) Buffer delineation

The following buffer delineations are required:

(a) Streams and buffer boundaries including all bufferzones must be clearly delineated on all constructionplans, including grading and clearing plans, erosion,drainage and sediment control plans and site plans.

(b) Outside buffer boundaries must be clearly markedon-site prior to any land disturbing activities.

(c) The outside boundary of the buffer must be,permanently marked at highway stream crossings.

(d) Streams and buffer boundaries including thedelineation of each buffer zone must be specified onall surveys and record plats.

(e) Buffer requirements must be referenced inhomeowners' association documents.

b. Amend Section 12.806, "Mitigation", subsection (I) "Purpose" by removingexisting language pertaining to Mecklenburg County Environmental Protection

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April 25, 2011Ordinance Book 57, Page 8'1

Department, adding language referring to Charlotte-Mecklenburg Storm WaterServices. Amend subsection (2) "Buffer impacts not requiring mitigation" byremoving existing language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards Manual. Amend, subsection (3), "Buffer impactsrequiring mitigation" by removing existing language pertaining to MecldenburgCounty Environmental Protection Department and adding language referring toCharlotte-Mecklenburg Storm Water Services. Amend subsection (4) "Preapproved mitigation techniques" and corresponding subsections (a) and (b) byremoving existing language pertaining to Mecklenburg County EnvironmentalProtection Department, adding language referring to Charlotte-MecklenburgStorm Water Services and removing existing language "Mecklenburg" fromCharlotte-Mecklenburg Land Development Standards Manual. Amend subsection(4) "Pre-approved mitigation techniques", subsections (d) and (e) by removingexisting language "Mecklenburg" from Charlotte-Mecklenburg LandDevelopment Standards Manual. Amend subsection (4) "Pre-approved mitigationtechniques", subsection (h), subsection (5) "Other mitigation techniques", andsubsection (6) "Posting of financial security required for structural BMPs" byremoving existing language pertaining to Mecklenburg County EnvironmentalProtection Department and adding language referring to Charlotte-MecklenburgStorm Water Services, The remaining Section 12.806 shall remain unchanged.The revised text shall read as follows:

Section 12.806. Mitigation.

(1) Purpose

The purpose of this section is to set forth the basis on whichmitigation is required for unavoidable or approved bufferimpacts within any of the buffer zones. This mitigationbasis shall allow the property owner or other entity theopportunity to disturb a buffer, provided that steps aretaken to offset the buffer loss. Prior to any buffer impact,any person or entity seeking approval of a buffer impactshall submit the requisite site and mitigation informationfor approval to Charlotte-Mecklenburg Storm WaterServices as specified below, to the extent approval isrequired by this Part.

(2) Buffer impacts not requiring mitigation

f

The following buffer impacts do not require mitigation orspecific plan approval but are required to comply with thespecifications provided in the Charlotte Land DevelopmentStandards Manual for stabilization of disturbed areas tominimize negative water quality impacts.

(a) Road crossings for connectivity or transportationlinks where the Charlotte-Mecklenburg PlanningCommission has granted site plan approval.

24


(b) Utility crossings.

(c). Parallel water and sewer utility installation asapproved by Charlotte-Mecklenburg Utilities.

(d) Public paths and trails parallel to the stream outsidethe Stream Side Zone and stream crossings.Pathways must use existing and proposed utilityalignments or previously cleared areas andminimize tree cutting to the maximum extentpracticable. To the extent possible, pathways shallpreserve existing drainage patterns and avoiddrainage structures that concentrate storm water.

(e) Incidental drainage improvements/repairs formaintenance.

(f) Individual pedestrian paths connecting homeownersto the stream in the form of narrow, perviousfootpaths with minimal tree disturbance.

(g) New domesticated animal trails .(farming) whereexisting trails are lost as a result of action beyondthe farmer's control. Stream crossings should beconstructed and maintained to minimize impacts tothe Stream Side Zone with fencing perpendicularand through the buffer to direct animal movement.

(h) Mitigation approved by a state or federal agencyacting pursuant to Sections 401 or 404 of the federalClean Water Act.

(3) Buffer impacts requiring mitigation

Impacts to stream buffers not specified in Section 12.806.2,proposed to allow development or other land use in a

. buffer, shall be required to mitigate or offset the proposedimpact in accordance with this Section. Buffer impactsrequiring mitigation and plan approval include:

• Filling or piping of streams• Removal of vegetation from the Stream Side or

Managed Use Zones other than as specified bySection 12.804.2 "Vegetative Targets."

• Paths proposed within the Stream Side Zone• Stream relocations• Fences and walls requiring tree removal in the

Stream Side or Managed Use Zones• Other buffer impacts not permitted under

25


Section 12.804.2.

The landowner or other entity proposing any of the impactsspecified above shall prepare and submit for approval a sitespecific plan to Charlotte-Mecklenburg Storm WaterServices. This site plan shall show the extent of theproposed impact and clearly specify the proposedniitigation technique.

(4) Pre-approved mitigation techniques

The following techniques are available to landowners formitigation of buffer impacts upon review and approval of aspecific site mitigation plan by Charlotte-MecklenburgStorm Water Services, Specifications for these preapproved mitigation techniques are provided in theCharlotte Land Development Standards Manual.

(a) Installation of Structural BMPs: The installation ofan on-site structural BMP designed to achievespecified pollutant removal targets will allow forstream buffer impacts on the specific site, The)3MP should remain outside the,Stream Side Zone ifpractical. A detailed BMP design plan must besubmitted to Charlotte-Mecklenburg Storm WaterServices for approval based on specifications andpollutant removal targets contained in the CharlotteLand Development Standards Manual. This planmust also include a long term maintenance strategyfor the BMP complete with the establishment ofadequate financing to support the proposedmaintenance practices.

(b) Stream Restoration: The owner may restore andpreserve the buffer area on any stream of equivalentor greater drainage area, the condition of which isdetermined to be qualified for restoration byCharlotte-Mecklenburg Storm Water Services on aI: I basis in linear feet of stream. This restorationshall include stream bank iljnprovements and StreamSide and Managed Use Zone re-vegetation, inaccordance with the Charlotte Land DevelopmentStandards Manual.

(c) Stream Preservation: The owner may purchase, feesimple, other stream segments at equivalent orgreater drainage area on a I: I linear foot basis andconvey fee simple and absolute title to the land tothe City/County or other conservation organization.

26


(d) Wetlands Restoration: On a2:1 acreage basis fordisturbed stream and buffer area (2 acres of wetlandfor each acre of disturbed area), the owner mayprovide a combination of the preservation and/orrestoration of wetlands with protective easements,and the implementation of structural or nonstructural BMPs to achieve specificpollutantremoval targets within the impacted area asspecified in the Charlotte Land DevelopmentStandards Manual.

(e) Bottom Land Hardwood Preservation: On a 2: Iacreage basis for impacted stream and buffer area (2acres of bottomland hardwood for each acre ofdisturbed area), the owner may provide acombination of the preservation of existing bottomland hardwood forest or other specifically approvednatural heritage area by conservation easement orother legal instrument, and the implementation ofstructural or non-structural BMPs to achievespecific pollutant removal targets within theimpacted area as specified in the Charlotte LandDevelopment Standards Manual.

(f) Controlled Impervious Cover: The owner maycommit to, and provide, a specific site developmentplan that limits overall site impervious cover equalto or less than 24%. Development on this basisshall allow for stream buffer impacts on the specificsite. Preservation of the Stream Side Zone isencouraged.

(g) Open Space Development: The submission of aspecific site development plan which preserves 50%of the total land area as undisturbed open spaceshall allow for stream buffer impacts on the specificsite.

(h) Mitigation Credits: The purchase of mitigation>credits on a I: I basis utilizing linear feet of streamimpacted and the prevailing rate ofpurchase asestablished by Charlotte-Mecklenburg Storm WaterServices shall allow for stream buffer impacts onthe specific site. Mitigation credits purchased underany other program (i.e., U.S. Army Corp ofEngineers) shall not cover this requirement unlessthe issuing agency agrees to relinquish the funds tothe appropriate City/County agency.

27


(5) Other mitigation techniques

No provision of this Part shall prevent the creativedevelopment of alternative mitigation plans. The ownershall submit such plan with proposed buffer impacts anddetailed mitigation infonnation to Charlotte-MecklenburgStonn Water Services for approval. The criteria used tojudge the acceptability of any alternative plan shall be thedegree to which the plan addresses the preservation of thefour primary natural functions of stream buffers. Suchplans may be submitted in conjunction' with a mitigationplan submission to the U.S. Army Corp of Engineers andN.C. Department of Environment and Natural Resourcesfor proposed stream or wetland impacts. CharlotteMecklenburg Stonn Water Services, when consideringproposed mitigation alternatives, shall give equal weight toproposals which utilize the preservation of unique orendangered habitat or natural areas against proposed bufferimpacts.

(6) Posting of financial security required for structural BMPs

\ When structural BMPs (wet detention ponds and otherBMPs) are approved for mitigation of a buffer disturbance,the approval shall be subject to the owner filing a suretybond or letter of credit or making other financialarrangements which are acceptable to CharlotteMecklenburg Stonn Water Services, in a fonn which issatisfactory to the City Attorney, guaranteeing theinstallation and maintenance of the required structuralBMPs until the issuance of certificates of occupancy forseventy-five percent (75%) of all construction which mightreasonably be anticipated to be built within the area whichdrains into the BMPs, allowing credit for improvementscompleted prior to the submission of the final plat. At suchtime that this level of occupancy is achieved, written noticethereofmust be given by the owner to CharlotteMecklenburg Stonn Water Services. The owner must alsoverify the adequacy of the maintenance plan for the BMPsincluding the necessary fllfancing to support the proposedmaintenance practices. Charlotte-Mecklenburg StonnWater Services will inspect the structural BMPs and verifythe effectiveness of the maintenance plan and if foundsatisfactory, will within 30 days of the date of the noticenotify the owner in writing.

(7) Maintenance responsibilities for structural BMPs - CivilPenalties

Maintenance of all structural BMPs shall be the

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April 25, 2011Ordilfilallce Book 57, Page 86

responsibility of the property owner or his designee. Anyperson who fails to maintain tbe required BMPs inaccordance with the approved maintenance plan shall besubject to a civil penalty of not more than $500. Each daythat the violation continues shall constitute a separateviolation. No penalties shall be assessed until the personalleged to be in violation has been notified in writing of tbeviolation by registered or certified mail, return receiptrequested, or by otber means which are reasonablycalculated to give actual notice. The notice shall describethe nature of the violation with reasonable particularity,specify a reasonable tiroe period within which the violationmust be corrected, and warn that failure to correct theviolation within the tiroe period shall result in assessmentof a civil penalty or otber enforcement action.

3. PART 9: OTHER APPLICABLE CITY CODE LAND DEVELOPMENT PROVISIONS

a. Amend Part 9, "OTHER APPLICABLE CITY CODE LAND DEVELOPMENTPROVISIONS", subsection (3) by removing existing language "Mecldenburg"from Charlotte-Mecklenburg Land Development Standards Manual. Theremaining Part 9 shall remain unchanged. The revised text shall read as follows:

PART 9: OTHER APPLICABLE CITY CODE LANDDEVELOPMENT PROVISIONS

The following land-use development provisions in tbe City Code areapplicable to zoning approval for tbe promotion of the health, safety andgeneral welfare oftbe City, and are incorporated herein by reference as .follows:

(1) Chapter 8: Fire Prevention and Protection, Sec. 8-2pertaining to the applicability oftbe North Ci;lIolina StateBuilding Code, Volume V, Fire Prevention Code, 1988Edition, as amended from tiroe to time;

(2) Chapter 8: Fire Prevention and Protection, Sec. 8-8pertaining to tbe applicability of tbe City of Charlotte FireDepartment Rules and Regulations Governing Fire Flow,Water Demand, Fire Hydrants, Fire Connections andUnattended Service Stations dated December 20, 1993, asamended from tiroe to tiroe.

(3) Chapter 19: Streets and Sidewalks, Article II, Sec, 19-51through and including Sec. 19-61, pertaining to tbeapplicability of the City of Charlotte's DrivewayRegulations, dated July 1979 as amended from tiroe totime, and Article VI, Sec. 19-141 through and including

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April 25, 2011Ordinance Book 57, Page 8 t 468

Sec. 19-151, pertaining to the applicability of the CharlotteLand Development Standards Manual, as amended fromtime to time.

(4) Chapter 21: Trees in its entirety.


I, , City Clerk of the City of Charlotte, North Carolina, DOHEREBY CERTIFY that the foregoing is a true and exact copy of an Ordinance adoptedby the Cill Council ofthe City of Charlotte, N0:th Carolina, in reg~lar session convenedon the 25 day ofApril, 2011, the reference havmg been made m Mmute Book --------' andrecorded in full in Ordinance Book ,Page(s) _

CERTIFICATION

I, Stephanie C. Kelly, City Clerk of the City of Charlotte, North Carolina, DO HEREBY CERTIFY that theforegoing is a t....e and exact copy of an Ordinance adopted by the City Council of the City of Charlotte,Nm·th Carolina, in regular session convened on the 25th day of April, 2011, the reference having been madein Minute Book 132, and recorded in full in Ordinance Book 57, Page(s) 58-118.

WITNESS my halllil and the corporate seal of the City of Charlotte, North Carolina, tills the 15th day of July,2m,. ...

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Documents

New OrdinanceBook57, Page 47charlottenc.gov/CityClerk/Ordinances/April 25, 2011.pdf · 2016. 4. 26. · april 25, 2011 ordinancebook57, page 47 ordinanceno. 4640-x 0-57 an ordinance