DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplaceof Aviation THCAROY  PUBLIC NOTICE  NOTICE IS HEREBY GIVEN that the Town of] Kill Devill Hills Planning Board will hold its only meeting of the month on Tuesday, July 16, 2019 at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Colington Road. The items to be discussed  are listed below:  AGENDA  Call to Order Agenda Approval Old Business New Business 1. 2. 3.  Approval of the Minutes of the April 16, 2019 meeting  Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Election ofChairperson and Vice-Chairperson  Proposed Zoning Amendment - $153.070. Stormwater Management - Clarify One- and Two-Family Dwelling Requirements and Create Maintenance Requirements Proposed Zoning Amendment - $153.072 Sewage Disposal - Update Sewage Disposal Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Response to Public Comment Board Member Comment Adjournment  All citizens are cordially invited to attend. Posted this 11th day of. July 2019. Harriet Banner Administrative Assistant  Copies to: Mayor and Board ofCommissioners, Planning Board members ini their packet  materials; Town Manager; Town bulletin boards; Sunshine List, including all news media; Electronic Distribution List; Town website and. social media; file  Post Office Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina. 27948-252-49-3300- www.kdhnc.com    Director of Planning and] Inspections MEREDITH GUNS Buildingl Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDANBLYTHE  DEVIL Birthplaceot Aviation THCAROY  Assistant Director of Planning and] Inspections CAMERON. RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  July 16, 2019 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director R  Proposed Zoning Amendment-9153.070 Stormwater Management- Clarify One and Two Family Dwelling Requirements and Create Maintenance Requirements  Attached is aj proposed zoning amendment to $153.070 Stormwater management clarifying requirements for one and two: family dwellings. This amendment: requires all commercial (new and substantial improvements) and one and two: family dwellings that exceed 6,000 square feet in lot coverage (new and substantial improvements) toj provide a comprehensive plan for proper drainage ofa all surface water and meet the design criteria as stated in $153.070 Stormwater Management. The lot coverage recommendation of 6,000 square feet was determined by using the minimum lot size of 15,000 square feet and using the most restrictive lot coverage of 40% in the residential low: zoning district. Thei residential low zoning district has not] had many stormwater management issues as ai result of new development, however the concern comes with larger dwellings and/or maxed out developments that have potential to Additionally, Staffrecommends: adding Stormwater management maintenance. Stormwater management features will: not function properly unless they are properly maintained. This amendment will ensure that the town can enforce proper stormwater management maintenance ensuring proper operation. Staff recommends the Planning Board forward the proposed amendment and consistency statement to the  create issues related to stormwater: management and runoff.  Board of Commissioners with ai favorable recommendation.  102 Town) Halll Drive* * PO: Box 1719 *] Killl Devil Hills, NC 27948 * (252) 449-5318 *Fax (252)441-4102    $153.070 STORMWATER MANAGEMENT.  (B) lepamsforome-amciyinelingyte-Pabieserices Department,PubaBHe-WeFKS-Dvssien-lFsuekdwelingsaregreaterthan3,000-square-feeta cemprehensiveplanofalsurasewserierlosypsemsmandeftepepeyinguestiente-ensare pwprdmingemyhaempilyaeai-san.fer.al. commercial development (new or substantial improvements) and one or two-family dwellingsg greater than 6.000 square feet lot coverage (new or substantial improvements) hereshalbeprevided shall provide a comprehensive plan for the proper drainage ofall surface water to systems on and off the property in question. The design criteria as stated ini the following divisions or that as may be specified by state or federal agencies, whichever is the most restrictive, will be used. Every reasonable effort will be made to: retain a maximum oft the runoff on site to the extent feasible and practical. The Stormwater Management Plan shall be certified by al North Carolina registered molesiemaleghserdceisn professional for compliance to requirements oft this section. (Q) Stormwater Management maintenance. To ensure the proper operation the owner shall be responsible for the operation and maintenance of all required stormwater management features: (1) All features oft the approved stormwater management plan must be regularly maintained and repaired as necessary in order for the system to function as originally designed and shall comply with the criteria oft the North Carolina Division of Water Quality Stormwater Design  Manual (current edition).    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board to the Town Council within 30 days of referral oft the amendment to the Planning Board, or the Town Council may proceed in its consideration of the amendment without the Planning Board report. Furthermore, ini no case is the Town Council bound by the recommendations, ifa any, of the Planning Board. Per NCGS 160A-383, the Planning Board shall advise and comment on whether the proposed zoning amendment is consistent with all applicable officially adopted plans, and providea written recommendation to the Town Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment isi inconsistent with the officially adopted plans shall not preclude consideration or approval oft the proposed amendment by the Town Council.  PLANNING BOARD RECOMMENIENDATIONS  Proposed. Amendment Title: Proposed Zoning Amendment $153.070 Stormwater Management- Clarify One- and Two-Family Dwelling Requirements and Create Maintenance  Requirements  Approval: Planning Board finds that the Proposed Zoning Amendment $153.070 Stormwater Management- Clarify One- and Two-Family Dwelling Requirements and Create  Maintenance Requirements is consistent with the adopted Land Use Plan.  Therefore, the Planning Board finds the proposed amendment is consistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other officially This report reflects the recommendation ofthel Planning Board with a vote of to_ this  adopted plans ofthe Town that are applicable.  the 16th day of. July, 2019.  Attest:  Planning Board Chairman  Secretary of Planning Board    Director of Planning and] Inspections MEREDITH GUNS Building] Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN: BLYTHE  DEVIL Bithplaceof Aviation THCAROV  Assistant] Director of Planning and] Inspections CAMERON RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  NORTH CAROLINA PLANNING DEPARTMENT  July 16, 2019 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director R  Proposed Zoning Amendment- $153.072 Sewage Disposal- Update Sewage  Disposal  Attached is aj proposed zoning amendment to update and clarify $153.072 Sewage Disposal which was originally developed ini the early nineties. It has come to staff attention that the language in $153.072 is outdated and does not properly address the sewage options and regulations associated with them. The proposed amendment specifies the requirements for authorization, approval, and/or appropriate applications with engineering certifications satisfactory for all sewage systems regulated by NCDEQ. This amendment is housekeeping to Staffrecommends: the Planning Board forward the proposed amendment and consistency statement to the Board of Commissioners with a favorable recommendation.  update regulatory agencies and sewage options currently available.  102' Town Halll Drive * POBox 1719* *] Killl Devill Hills, NC 27948 * (252) 449-5318 * Fax (252) 441-4102    $1 153.072 SEWAGE DISPOSAL.  (A) Each application for site plan review shall be accompanied by plans ofthe proposed methods of sewage disposal with an approval or tentative approval by the appropriate County or State agencies having jurisdiction ofs such facilities over the land being developed autherizing ageney. The plans submitted shall be ofs sufficient detail to demonstrate compliance with applicable sewage disposal regulations and show the exact. location ofall subsurface facilities, including but not limited to treatment facilities, tanks, piping, laterals and disposal areas. (B) Any such application shall specify the method or methods tol be used and shall describe any special conditions to be met. Such methods, and the approvals required, include but are not (1) Connection to public sewer operated by a municipality, sanitary district or other governmental agency:comnection approval by an authorized officer of such system; (2) Connection to community sewer operated by a responsible person, firm or corporation other than a governmental agency: connection approval by an authorized officer ofs such system; (3) Installation of other than public or community sewer systems: design approval by the appropriate County or State agencies Dare-Ceunty-Health-Department and the town. (C) The sewer system to which connections are to be made shall be authorized as follows: -Feraseptie-tankandnitfieatien,ePprewalbyheDareCoumy-Heal-Department: (1) For on-site sewer disposal systems regulated by the Dare County Health Department, (2) For sewage systems regulated by the North Carolina Department of Environmental Quality (NCDEQ). approval from NCDEQ and/or appropriate applications with engineering certifications satisfactory for NCDEQ permitting is required.  limited to the following:  approval from the Dare County Health Department is required.  -Foraseweragesystemseringiaelaclitesreguaedtte-NonthCmroime-Deparimente Environmentand.Naara-Reseures,ferekamplg,imstHaurants,-metels-and the-like,appreva-bythe-DweCommy-Helh-Depatsmemsand-hetewnsand -era-sewersystemservimgalolneruses,terewampe,mesiEycemmeree, communitiesandthelke,appovalby-the-NenlhCmoinma-DeparimemtefEnvirenmentand (D) Privately owned facilities treating, processing or transmitting sewage or wastewater are (1) Any new private utility or privately owned facility must be aj part of and located within the boundaries of a subdivision or property immediately within or adjacent to the facility or homes being serviced. The person, firm or corporation operating a sewer system for which ai rate isc charged shall hold a certificate of public convenience and necessity from the State Utilities Commission, and there shall be recorded with a plat oft the property the written affidavit ofa  Natura-Reseuress-amdthetewn:  permitted in all zoning districts, subject to the following conditions:    registered engineer, engaged in the independent practice of civil engineering, that sewer: mains and laterals comply with pertinent standards oft the North Carolina State Department of Environmental Quality HumanReseuresand al bond or bonds, or trust instruments, or other form ofv written assurance, satisfactory to the Board, assuring the continuous proper: maintenance and operation ofs such sewer systems. Where a community sewerage system furnishing services for two or more customers within ai multi-family or group development project is assessed a periodic fee by aj property owners' association and aj portion oft that fee is used for the purpose of paying the cost and expense of operating, maintaining and repairing the community sewerage (2) This facility shall be used and serve only the occupants oft the subdivision, multi-family development project or commercial development for which it was constructed and approved by  system, then all: requirements ofthis subsection must be satisfied;  the town;  (3) This section shall not be applicable to individual septic tanks. (Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01)    PLANNING BOARD REPORT  Per NCGS 160A-387, all proposed amendments to the zoning ordinance or zoning map shall have a written report provided from the Planning Board to the Town Council within 30 days of referral oft the amendment to the Planning Board, or the Town Council may proceed in its consideration oft the amendment without the Planning Board report. Furthermore, in no case is the Town Council bound by the recommendations, ifa any, of thel Planning Board. Per NCGS 160A-383, the Planning Board shall advise and comment on whether the proposed zoning amendment is consistent with all applicable officially adopted plans, and provide a written recommendation to the Town Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval ofthe proposed amendment by the Town Council.  PLANNING BOARD RECOMMENDATIONS Disposal Update Sewage Disposal  Proposed. Amendment Title: Proposed Zoning Amendment $153.072 Sewage Approval: Planning Board finds that the Proposed Zoning Amendment $153.072 Sewage Disposal Update Sewage Disposal is consistent with the adopted Land Use Plan. Therefore, the Planning Board finds the proposed amendment is consistent with the objectives and policies contained in the Kill Devil Hills Land Use Plan and/ or other officially This report reflects the recommendation oft the Planning Board with a vote of to_ this  adopted plans ofthe Town that are applicable.  16th day of] July, 2019.  Attest:  Planning Board Chairman  Secretary of] Planning Board