DEVIL  TOWN OF KILL DEVIL HILLS  Land Where Flight Began  Birthplaceo of Aviation H CARO  PUBLIC NOTICE  NOTICEI IS HEREBY GIVEN that the Town of Kill Devil Hills Planning Board will holdi its only meeting of the month on Tuesday, December 17, 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 2.  Approval of the Minutes of the August 20, 2019: meeting  Public Comment (Time limit of3 minutes per person; 51 minutes per group)  1. Proposed Zoning Amendment - $153.071 - Soil. Erosion and Sedimentation Control- Public Comment (Time limit of3 minutes per person; 5 minutes per group)  Modification to meet State requirements Proposed 2020 Meeting Schedule  Response to Public Comment Board Member Comment Adjournment  All citizens are cordially invited to attend. Posted this 12th day of December 2019.  Harriet Banner Administrative Assistant  Copies to: Mayor and Board of Commissioners, Planning Board members in their packet  materials; Town. Manager; Town bulletin boards; Sunshine List, including all news media; Electronic Distribution List; Town website and: social media; file  Post Ofice Box 1719. 102 Town Hall, Kill Devil Hills, North Carolina 27948-252-49-3300-ynw.dlhmccom    Minutes of the August 20, 2019 meeting of the Kill Devil Hills Planning Board held at 5:30 p.m. in the Meeting Room of the Administration Building, 102 Town Hall Drive, off Members Present: Chair Howard Buchanan, James Almoney, Mark Evans, Mike Lowack,  Colington Road.  Mary Simpson, and Eddie Valdivieso  Members Absent: Ron Seidman, II  Others Present:  Meredith Guns, Planning Director; Cameron Ray, Assistant Planning Director; Ryan Lang, Senior Planner; and James Michael O'Dell, Deputy  Town Clerk  Call to Order  At5:31 p.m., Chair Howard Buchanan called this meeting of the Kill Devil Hills Planning  Board to order and welcomed everyone present.  Agenda Approval  James Almoney moved to approve the agenda for this meeting, as presented. Mark Evans  seconded that motion, and the motion carried by 5-0 vote. Approval of the Minutes of the July 16, 2019 meeting  Mary Simpson moved to approve the minutes oft the July 16, 2019, meeting, as presented.  Mr. Evans seconded that motion, and the motion carried by 5-0 vote. Public Comment (Time limit of3 3 minutes per person; 5 minutes per group)  Response to Public Comment Old Business New Business 1.  Proposed Zoning Amendment-s1 153.073 Landscaping Requirements - Modify Landscaping Requirements to Include Single-Family and Duplex Dwellings with Assistant Planning Director Cameron Ray said that during the August 12, 2019, Board of Commissioners meeting, Staff was given direction to create landscaping buffer requirements for  Greater Than 6,000 Square Feet] Lot Coverage  DRAFT August 20, 2019 Minutes Planning Board Meeting Page 1 of4    large single-family and duplex development. The result was an amendment to $153.073 Landscaping Requirements for single-family and duplex dwellings with greater than 6,000 square feet of lot coverage to provide a vegetative buffer. Large single-family and duplex dwellings greater than 6,000 square feet of lot coverage create large areas of coverage, increased density, large parking areas, large structure size, and noise, air, and light glare pollution that is non- compatible with abutting single family and duplex dwellings with less than 6,000 square feet of lot coverage. Mr. Ray noted that providing landscaping requirements, including screening requirements, will improve the appearance oft the development, provide spatial separation of land uses, and protect, preserve, and promote the aesthetic and visual character oft the Town. He stated that this amendment paralleled thei recent stormwater management amendment witha a 6,000 square foot lot coverage requirement threshold for aj maintenance plan. Statfrecommended the Planning Board forward the proposed amendment and consistency statement to the Board ofCommissioners Eddie Valdivieso inquired about whether there were requirements fort the planting oftrees. Planning Director Meredith Guns replied that appendix A oft the ordinance listed trees and shrubs, along with approximate heights and salt tolerant varieties. She noted that there is a certain amount of maturity time permitted to achieve the required height. Chair Buchanan inquired about who follows up on the landscaping. Mr. Ray indicated that he and Senior Planner Ryan Lang follow up with landscaping issues for the Planning Department. Ms. Guns stated that when commercial businesses install vegetation, Town ordinances require the vegetation bei maintained inj perpetuity. Ms. Simpson inquired for a 6,000 square foot residential structure, whether a certificate of occupancy be granted without the vegetation in place. Mr. Ray replied that it could not, because it was a condition of the building permit. For lots less than 6,000 square foot coverage, ground cover or lot stabilization would be required but no landscaping requirements for those structures Mr. Evans moved to forward the proposed zoning amendment - $153.073 Landscaping Requirements = Modify Landscaping Requirements to Include Single-Family and Duplex Dwellings with Greater Than 6,000 Square Feet Lot Coverage, along with the consistency statement, to the Board of Commissioners recommending approval. Ms. Simpson seconded that  with a favorable recommendation.  are included under this amendment.  motion, and approval was by 5-0 vote.  2.  Proposed Zoning Amendment - S 153.076 Off-Street Parking and Loading. - Modify Parking Requirements for Single-Family and Duplex Dwellings with Mr. Ray stated also that during the August 12, 2019 Board of Commissioners meeting, Staffwas given direction to create increased off-street parking requirements for large single-family and duplex dwellings including increased setbacks forj parking areas, access aisle, and limit stacked parking. Attached is a zoning amendment revising $153.076 Off-Street Parking and Loading. He said that as proposed, an increased side yard parking setback to seven feet, required access aisle to the structure, and limiting no single row of stacked parking to exceed six spaces would apply to all single-family and duplex dwellings with eleven bedrooms or more. The increased side yard setbacks for driveways, access aisles, and parking areas would change from  Eleven Bedrooms or More  DRAFT August 20, 2019 Minutes Planning Board Meeting Page 2 of4    five feet to seven feet and will improve spatial separation, safety, and environmental protections for the large required parking areas associated with large single-family and duplex dwellings. An access aisle is proposed with ai minimum oft ten feet in width and shall be open within 40 feet of the dwelling. The access aisle will be allowed tol have no more than two parking spaces stacked. An open access aisle within forty feet of the dwelling will improve safety for the dwelling and provide better circulation and movement for vehicles. Additionally, parking areas will be limited to no single row of stacked parking shall exceed six stacked required parking spaces. Mr. Ray noted this will create smaller, less congested parking areas and allow for improved vehicular movement. Staff recommended the Planning Board forward the proposed amendment and consistency statement to the Board ofCommissioners with a favorable recommendation. Mike Lowack inquired about stacked parking. Ms. Guns noted that a single row would permit up to six stacked vehicles. Mr. Valdivieso inquired whether a fire lane could be marked, since guests renting a home would not know to park to provide more access. Ms. Guns replied that although the Fire Code does not require it for single-family dwellings, this amendment would require an access aisle, leaving more space that could potentially provide access. Mr. Evans noted the importance of getting emergency vehicles like ambulances and fire apparatus as close as Mr. Almoney moved to forward the proposed amendment - $153.076 Off-Street Parking and Loading - Modify Parking Requirements for Single-Family and Duplex Dwellings with Eleven Bedrooms or More, along with the consistency statement, to the Board ofC Commissioners recommending approval. Mr. Lowack seconded that motion, and approval was by 5-0 vote. Public Comment (Time limit of3 minutes per person; 5 minutes per group)  possible.  Betsy Brothers, 1211 B South Virginia Dare Trail, Kill Devil Hills - Ms. Brothers stated her property adjoins the property that is being developed for a large event home. She noted that such development is changing the face of the Outer Banks. Although her primary residence is in Suffolk, Virginia, she is concerned that the single-family dwelling code does not adequately address the large event homes. She hoped that these structures would be limited in their scope.  Response to Public Comment Board Member Comment Other Business Adjournment  There being no further business before the Planning Board at this time, Mr. Evans moved to adjourn this meeting. Mr. Almoney seconded the motion and approval was by a 5-0 vote.  It was 5:52 p.m.  DRAFT August 20, 2019 Minutes Planning Board Meeting Page 3 of4    Submitted by:  James Michael O'Dell Deputy Town Clerk  These minutes were approved at the, 2019: meeting of the Planning Board.  Howard Buchanan Planning Board Chair  DRAFT August 20, 2019 Minutes Planning Board Meeting Page 4 of4    Director of Planning and] Inspections MEREDITH GUNS Building Inspector MARTY SHAW CHARLES THUMAN Codel Enforcement Officer JORDAN BLYTHE  DEVIL Birthplaceof Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  Assistant Director of Planning and Inspections CAMERON RAY Senior Planner RYANLANG Zoning Administrator DONNA ELLIOTT  THE TOWN OF KILL DEVIL HILLS  December 17, 2019 Memorandum To: From: Subject:  Planning Board  Cameron Ray, Assistant Planning Director &  Zoning Amendment $ 153.071 Soil Erosion and Sedimentation Control-Modification  tomeet State requirements  Attached is aj proposed zoning amendment to $153.071 Soill Erosion and Sedimentation Control to update the ordinance to meet state requirements. Thej purpose of $153.071 is toj provide rules and regulations that allow development within the' Town while preventing pollution by sedimentation. Kill Devil Hills participates as al local program to implement the Sedimentation Pollution Control. Act (SPCA). In order to continue to qualify, $153.071 Soil Erosion and Sedimentation Control must be in compliance with the North Carolina State requirements which includes updating the ordinance toi meet the state model. Staffi recommends the Planning Board forward thej proposed amendment and consistency statement to the  Board of Commissioners with a favorable recommendation.  102 Town Halll Drive* * PO Box 1719' *E Killl Devil Hills, NC 27948 * (252) 449-5318 *] Fax (252) 441-4102    $1 153.071 SOIL EROSION. AND SEDIMENTATION CONTROL.  (A) Purpose.  (1) Regulate certain land-disturbing activity to control accelerated erosion and sedimentation in order toj prevent the pollution of water and other damage to lakes, watercourses and other public and private  property by sedimentation.  (2) Reduce damage to storm drainage facilities. control, floodplain management and the like.  (3) Cooperate in the coordination ofthe related goals expressed by state and federal regulations and that require certain actions with regard to stormwater management, soil erosion and sedimentation  (4) Establish procedures through which this regulation can be fulfilled.  (B) Scope and exclusions.  (1) Geographical Scope of] Regulated Land-Disturbing Activity. This section shall apply tol land- disturbing activity within the territorial jurisdiction oft the town and to the extraterritorial. jurisdiction of thet town as allowed by agreement between local governments, the extent ofannexation or other (2) Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability of this section to all land-disturbing activity, this section shall not apply tot the following types ofl land- (a) An activity, including breeding and grazing of livestock, undertaken on agricultural land for the  appropriate legal instrument or law.  disturbing activity:  production of] plants and animals useful to man, including, but not limited to:  1. Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts.  2. Dairy animals and dairy products. 3. Poultry and poultry products. 5. Bees and apiary products. 6. Furj producing animals.  4. Livestock, including beef cattle, sheep swine, horses, ponies, mules, and goats.  (b) An activity undertaken on forestland for thej production and harvesting oft timber and timber products and conducted in accordance with best management practices set outi in Forest Practice Guidelines Related to Water Quality, as adopted by the Department. If land-disturbing activity undertaken on: forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, thej provisions oft this section shall (c) An activity for which a permit is required under thel Mining Act of 1971,G.S.C Ch. 75, Art. 7. (d) Al land-disturbing activity over which the statel has exclusive regulatory. jurisdiction as provided  apply to such activity and any related land-disturbing activity on thei tract.  in G.S. $113A-56(a).  (e) An activity which is essential to protect human life during an emergency. (f) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 oft the Clean Water Act.    (g) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations & (3) Plan approval exceptions. Notwithstanding the general requirement to obtain aj plan approval prior to undertaking land-disturbing activity, aj plan approval shall not be required for land-disturbing activity that does not exceed 1/2 acre in surface area. In determining the area, lands under one or diverse  12.2.  ownership being developed as a unit will be aggregated.  (C) General requirements.  (1) Noj person shall initiate any land-disturbing activity which uncovers more than 1/2 acre without (2) Persons conducting and-disturbing activity shall take all reasonable measures to protect all (3) Whenever conflicts exist between federal, state or local laws, ordinances or rules, the more (D) Mandatory standards for land-disturbing activity. No land-disturbing activity subject to the control of this section shall be undertaken excepti in accordance with the following mandatory standards: (1) Nol land-disturbing activity shall be permitted inj proximity to a lake or natural watercourse unless al buffer zone is provided along the margin oft the watercourse ofs sufficient width to confine visible siltation within the 25% ofthe buffer zone nearer the land-disturbing activity, provided that this subsection shall not apply to al land-disturbing activity in connection with the construction ofi facilities to (2) The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 21 days ofa any phase of grading, be planted or otherwise provided with ground cover, devices or structures sufficient toi restrain erosion. The angle for the graded slopes and gills must be demonstrated tol be stable. Stable ist the condition where the soil remains in its original configuration, with or without (3)Unless aj permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause (3) Whenever land-disturbing activity is undertaken on at tract comprising more than 1/2 acre, the person conducting thel land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries oft the tract during construction upon and development of said tract and shall plant or otherwise provide a permanent ground cover sufficient toi restrain erosion after completion of construction or development within 15 working days or 90 calendar days, whichever is shorter. (4) No person shall initiate any land-disturbing activity if more than 1/2 acre: is to be uncovered, unless 30 or more days prior to initiating the activity an erosion and sedimentation control plan for such (5) Buffer measurement. Unless otherwise provided, the width ofal buffer zone is measured horizontally from the edge oft the water to the nearest edge oft the disturbed area, with the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.  having an erosion control plan approved by thei town.  public and private property from damage caused by such activity.  restrictive provision shall apply.  be located on, over or under a lake or natural watercourse.  mechanical constraints.  the site to be regulated as al landfill by the State of] North Carolina.  activity is filed with and approved by thet town.    (6) The land disturbing activity shall be conducted in accordance with the approved erosion and  sedimentation control plan.  (E) Erosion and. sedimentation control plans.  (1)An erosion control plan shall bej prepared for all land-disturbing activities subject to this section whenever the proposed activity is to be undertaken on at tract comprising more than % acre, ifmore than 1/2 acre ist to be uncovered. The plan shall bei filed with the town and the Dare County Soil and Water Conservation District 30 days prior to1 the commencement of the proposed activity. (2) Thei town shall forward to the Director of thel Division of Water Quality a copy of each erosion and sedimentation control plan for al land-disturbing activity that involves the utilization of ditches for the (3) Prior plan approval. No persons shall initiate land-disturbing activity if more than 1/2 acre is to be uncovered unless, 30 or more days prior toi initiating the activity, aj plan for such activity is filed with and approved by thet town. The town shall forward to thel Director oft the Division of Water Qualitya copy ofe each plan for al land-disturbing activity that involves utilization of ditches for thej purpose ofde- (4) Financial Responsibility and ownership. Plans may shall be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney ini fact. The statement shall include the mailing and street addresses oft the principal place ofbusiness oft the person financially responsible, the owner ofthe land, and any registered agents. Ifthe person financially responsible is not a resident of] North Carolina, al North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this section, or rules or orders issued pursuant to this section. Ifthe applicant isi not the owner ofthel land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land-disturbing (5) Environmental Policy Act Document. Any plan submitted for a land-disturbing activity for which an environmental document is required by thel North Carolina Environment Policy Act (G.S. $ 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. Thet town shall promptly notify thej person submitting the plan that the 30-day time limit for review ofthe plan pursuant to this section shall not begin until a complete environmental document is (7) Soil and' Water Conservation District comments. The District shall review the plan and submit any comments and the District and the town may agree upon recommendations to the town within 20 days after the District received thej plan, or within any shorter period oftime. Failure oft the District to submit its comments within 20 days or within any agreed upon shorter period oftime shall not delay final action (8) The Town Department of] Planning and Inspections will review each plan submitted to them and within 30 days ofr receipt thereof will notify thej person submitting the plan that it has been approved, approved with modifications, approved with performance reservations or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days ofreceipt shall be deemed approval. Denial ofaj plan will specifically state in writing the reasons for denial. The town will approve or deny ai revised plan within 15 days of receipt or it is deemed to be approved. If, following commencement ofal land-disturbing activity pursuant to an approved plan, the town determines that the plan is inadequate toi meet thei requirements of this section, it require such revisions as are necessary to  purpose of de-watering tol lowering the water table oft the tract.  watering orl lowering the water table oft the tract.  activity.  available for review.  on the plan.  comply with this section.    (9) Thet town shall only approve a Plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. Thet town shall condition approval of] Plans upon the applicant' 's compliance with federal and state water quality laws. regulations and rules. The town may shall establish an expiration date, not to exceed three (3)years. for Plans approved under this (10) The town may disapprove a Plan or draft Plan based on its content. A disapproval based upona (11) Other disapprovals. The town may shall disapprove aj plan or draft plans if implementation of thej plan would result in a violation of the rules adopted by thel Environmental Management Commission toj protect riparian buffers along surface waters. A local government may shall disapprove aj plan upon (a) Is conducting or has conducted land-disturbing activity without an approved plan, or has received notice of violation ofaj plan previously approved by the Commission or a local government pursuant to the Act and has not complied with the notice within thet time specified in thei notice; (b) Has failed to pay a civil penalty assessed pursuant to the Act or al local ordinance adopted (c) Has been convicted ofai misdemeanor pursuant to G.S. 8 113A-64(b) or any criminal provision (d) Has failed to substantially comply with state rules or local ordinances and regulations adopted For purposes oft this subsection, an applicant's record may-shall be considered for only the two years Int the event that aj plan is disapproved pursuant to this subsection, the town shall notify the Director of such disapproval within ten days. The town shall advise the applicant and the Director in writing as toi the (12) Notice of activity initiation. Noj person may initiate al land-disturbing activity before notifying the agency that issued the plan approval of the date that land-disturbing activity will begin. (13) The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations and narrative statements as needed to adequately describe the proposed development oft thei tract and the measures planned to comply with the requirements oft this section. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation (14) Preconstruction conference. When deemed necessary by the approving authoritya (15) Display of plan approval. Aj plan approval issued under this article shall be prominently displayed until all construction is complete, all permanent sedimentation and erosion control measures are installed and the sitel has been stabilized. A copy oft the approved plan shall bel kept on: file at thej jobs site. (16) Required revisions. After approving aj plan, ifthe town either upon review of such plan or on inspection oft the jobs site, determines that a significant risk ofa accelerated erosion or off-site sedimentation exists, thet town shall require ai revised plan. Pending the preparation oft the revised plan, work shall cease ors shall continue under conditions outlined by the appropriate authority. If following commencement ofa land-disturbing activity pursuant to an approved plan, the town determines that the plan isi inadequate to  ordinance.  Plan's content must specifically: state in writing the reasons for disapproval.  finding that an applicant, or aj parent, subsidiary, or other affiliate oft the applicant:  pursuant to the Act by thet time the payment is due; ofa local ordinance adopted pursuant to the Act or;  pursuant to the Act. prior to the application date.  specific reasons that the plan was disapproved.  will bej provided on request.  preconstruction conference may be required.    meet the requirements of this section, the town may shall require any revision ofthe plan that is necessary (17) Applications for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as an amendment isa approved, the land-disturbing activity shall not proceed except in accordance with the erosion control (18) Any person engaged in land-disturbing activity who fails to file aj plan in accordance with this section or who conducts al land-disturbing activity, except in accordance with provisions of an approved (19) The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform anj inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record ofthe inspection at the site oft the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion oft those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be in addition toi inspections required by (F) Basic control objectives. An erosion and sedimentation control plan may shall be disapproved if (1) Identify critical areas. On-site areas which are subject to: severe erosion and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive (2) Limit time ofexposure. All land-disturbing activity is to be planned and conducted tol limit (3) Limit exposed areas. All land-disturbing activity is to bej planned and conducted to minimize the (4) Control. surface water. Surface water runoff originating upgrade of exposed areas should be (5) Control. sedimentation. All land-disturbing activity is tol be planned and conducted sO as to (6) Manage stormwater runoff When thei increase int the velocity of stormwater runoff resulting from al land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are toi include the measures to control the velocity at thej point of discharge sO as to minimize  to comply with this section.  plan as originally approved.  plan, shall be deemed in violation oft this section.  G.S. 113A-61.1.  the plan fails to address thei following objectives:  special attention.  exposure to the shortest feasible time. size of the areat tol be exposed at any one time.  controlled to reduce erosion and sediment loss during the period of exposure.  prevent off-site sedimentation damage.  accelerated erosion of the site and increased sedimentation of the stream.  (G) Design and performance standards.  (1) Except as provided in this section, erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the calculated maximum peak rate of runoff from the ten-year storm. Runofii rates shall be calculated using the procedures in the USDA, Soil Conservation Service's. National Engineering Field Manual for Conservation Practices, or (2) HQW: zones. Inl high quality water (HQW) zones the following design standards shall apply:  other acceptable procedures.    (a) Limit on uncovered area. Uncovered areas in HQW: zones shall bel limited at any time toa a maximum total area of 20 areas acres within the boundaries oft thet tract. Only the portion oft thel land- disturbing activity within al HQW zone shall be governed by this section. Larger areas may be uncovered (b) Maximum peak rate ofrunoff protection. Erosion and sedimentation control measures, structures, and devices within HQW zones shall bej planned, designed and constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate ofi runoff as calculated according to procedures in the USDA, Soil Conservation Service's. National. Engineering Field Manual for Conservation. Practices or according to procedures adopted by any other agency of this state (c) Settling efficiency. Sediment basins within HQW: zones shall be designed and constructed such that the basin willl have a settling efficiency of at least 70% for the 40 micron (0.04 millimeter) size soil particle transported into thel basin by thei runoff oft that two-year storm which produces the maximum peak rate ofrunoff as calculated according to procedures in the USDA, Soil Conservation Service's. National Engineering Field. Manual for Conservation Practices or according to procedures adopted by any other agency oft this state or the United States or any generally recognized organization or association. (d) Grade. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than twol horizontal to one vertical ifa vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be (e) Ground cover. Ground cover sufficient to restrain erosion must be provided for any portion ofa land-disturbing activity in al HQW zone within 15 working days or 60 calendar days following  within thel boundaries oft the tract with the written approval oft the Director.  or the United States or any generally recognized organization or association.  sufficient to restrain accelerated erosion.  completion of construction or development., whichever period is shorter. (H) PermpeNEdOPmmPeapeRcHe4rmasameammes  Storm Water Outlet  Protection.  (1) Intent. Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity ofrunoffi from (2) Persons shall conduct land-disturbing activity such that the post-construction velocity oft the ten- year stormwater runoffi in the receiving watercourse to the point of discharge shall not exceed the greater (a) The velocity established by thel Maximum Permissible Velocities Table set out within this (b) The velocity oft thei ten-year storm runoff in the receiving watercourse prior to development. If conditions (a) and (b) oft this paragraph cannot be met then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the  thel land-disturbing activity.  of: subsection; or  velocity exceeds the' "prior to development" velocity by 10%. Maximum. Permissible Velocities Table (F.P.S.) and meters per second (M.P.S.):  The following is ai table for maximum permissible velocity for stormwater discharges in feet per second    MATERIAL  F.P.S. M.P.S.  Fine sand (noncolloidal) 2.5 .8 Sandy loam (noncolloidal) 2.5 .8 Silt loam (noncolloidal) 3.0 .9  Ordinary firm loam Fine gravel  3.5 1.1 5.0 1.5  MATERIAL F.P.S. M.P.S. Stiff clay (very colloidal) Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) Alluvial silts (noncolloidal) Alluvial silts (colloidal) Coarse gravel (noncolloidal) Cobbles and shingles Shales and hard pans  5.0 1.5 5.5 1.51.7 3.5 1.1 5.0 1.5 6.0 1.8 5.5 1.7 6.0 1.8  Source - Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 fors slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for (3) Measures applied alone or in combination to satisfy the intent ofthis section are acceptable if there are no objectionable secondary consequences. Iti isi recognized that the management of stormwater runofft to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have thej potential to (a) Avoid increases in surface runoff volume and velocity by including measures to promote (b) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and (c) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities at the point of discharge. These may range from simple rip-rapped sections to complex structures; (d) Protect watercourses subject to accelerated erosion by improving cross section and/or providing  highly sinuous channels.  produce successful results. Some alternatives are to:  infiltration to compensate fori increased runoff from areas rendered impervious; waterways in lieu of closed drains and high velocity paved sections;  erosion-resistant lining; and    (e) Upgrade or replace the receiving device structure, or watercourse such that is will receive and conduct the flow to aj point where iti is no longer subject to degradation from the increased rate off flow or (4) This rule shall not apply where it can be demonstrated that stormwater discharge velocities will (I) Borrow and waste areas. When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of1 1971, and any waste areas for surplus materials other than landfills regulated by thel Department of] Human Resources, Division ofHealth Services, shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing oft the waste, these areas shall be considered a separate (J) Access and haul roads. Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. (K) Operations in lakes or natural watercourses. Land-disturbing activity in connection with construction in, on, over or under al lake or natural watercourse shall bej planned and conducted in sucha a manner as toi minimize the extent and duration of disturbance ofthe stream channel. The relocation ofa stream, where relocation is an essential part ofthe proposed activity, shall bej planned and executed sO as to minimize changes in the stream flow of characteristics, except whenj justification for significant (L) Responsibility) for maintenance. During the development ofa site, the person conducting the land- disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision oft this section, thel North Carolina Sedimentation Pollution Control Act of1 1973 or any order adopted pursuant thereto. After site development, the landowner or person inj possession or control of the land shall install and/or maintain all necessary permanent erosion and sedimentation control measures, except those measures installed within aroad or street right-of-way or easement accepted for maintenance by a governmental agency. (M) Additional measures. Whenever the town determines that significant sedimentation is occurring as ar result of land-disturbing activity, despite application and maintenance ofj protective practices, the person conducting the land-disturbing activity willl be required to and shall take additional protective  increased velocity.  not create an erosion problem in the receiving watercourse.  land-disturbing activity.  alteration to flow characteristic is provided.  action or cease the activity. (N) Existing uncovered. areas.  (1). All uncovered areas existing on the effective date of this section which resulted from land- disturbing activity, exceed % contiguous acre, are subject to continued accelerated erosion and are causing off-site damage from sedimentation shall be provided with a ground cover or other protective measures, structures or devices sufficient to restrain accelerated erosion and control off-site  sedimentation.  (2) Thei town shall serve upon the landowner or other person inj possession or control of thel land a written notice to comply with the Act, this section, ai rule or order adopted or issued pursuant to the. Act by the Commission or by the town. The notice to comply shall be sent by registered or certified mail, return receipt requested or other means provided in G.S. $ 1A-1, Rule 4. Thei notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall    take into consideration the economic feasibility, technology and quantity of work required and shall set (3) The town reserves the right to require preparation and approval of an erosion control plan in any (4) This rule shall not require ground cover on cleared land forming the future basin ofaj planned  reasonable and attainable time limits of compliance. instance where extensive control measures are required.  reservoir. (O) Permits.  (1) Noj person shall undertake any land-disturbing activity subject to this section without first obtaining aj permit from thet town, except that no permit shall be required for any land-disturbing activity that does not exceed 5,500 square feet in surface area. In determining the area, lands under one or diverse (2) Thei town may shall establish ai fee on a general or individual basis as may be considered  ownership being developed as a unit will be aggregated.  necessary. (P) Appeals.  (1) The disapproval or modification ofa any proposed erosion control plan by the Director of] Planning and Inspections shall entitle the person submitting the plan to aj public hearing ifs such person submits written demand for al hearing within 15 days after receipt ofa written notice of disapproval or  modifications.  (2) Hearings held pursuant to this section shall be conducted by thel Board of Commissioners within (3) The Board of Commissioners shall render its final decision within ten days after the date oft the (4) Ifthe town upholds the disapproval or modification ofaj proposed soil erosion and sedimentation control plan following thel hearing, the applicant shall then be entitled to appeal that decision to the North Carolina Sedimentation Control Commission as provided in G.S. $ 113A-61(c) and' Title 15NCAC  20 days after the date oft the appeal or request for al hearing.  hearing.  4B.0018(b).  (Q) Inspections and investigations.  (1) Agents and officials oft the town will periodically inspect the sites ofl land-disturbing activity for which permits have been issued to determine whether the activity is being conducted in accordance with the plan and to determine whether the measures required int the plan are effective in controlling erosion (2) Willful resistance, delay, or obstruction. Noj person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent oft thet town, while that person is inspecting or attempting to (3) Notice of violation. Ifthe town determines that aj person engaged in land-disturbing activity has failed to comply with the Act, this section, or rules, or orders adopted or issued pursuant to this section, a notice ofviolation shall be served upon that person. The notice shall be served by any means authorized under G.S. $ 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, this section, or rules or orders adopted pursuant to this section, and inform thej person oft the actions that need tol be taken to comply with the Act, this section, or rules or orders adopted pursuant to this section. Any person who fails to comply within thet time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. $ 113A-64 and this section.  and sediment resulting from land-disturbing activity. inspect a land-disturbing activity under this section.    (4) Thei town shall have thej power to conduct such investigation as it may-reasemably-deem necessary to carry out its duties as prescribed in this section and for this purpose to enter at reasonable times upon any property, public or private, for the purpose ofinvestigating and inspecting the sites ofany land-disturbing activity. Noj person shall refuse entry or access to any authorized representative or agent oft the town who requests entry for purposes ofinspection, nor shall any person obstruct, hamper or interfere with any such representative while ini thej process of carrying out his official duties. (5) The town shall also have thej power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity. (6) Thel landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment oft temporary ground cover in accordance with G.S. $ 113A- 57(2). The person who performs the inspection shall maintain and make available ai record ofthe inspection att the site oft the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may will bei required to correct the deviation, and document the completion oft those matters. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. Thei inspections required by this subsection shall bei in addition to inspections required by G.S. $ 113A-  61.1. (R) Penalties. (1) Civil penalties.  (a) Civilj penalty for a violation. Any person who violates any oft the provisions oft this section, or rule or order adopted or issued pursuant to this section, or whoi initiates or continues a land-disturbing activity for which aj plan is required except in accordance with the terms conditions and provisions ofa an approved plan, is subject to a civil penalty. The maximum civil penalty that the town may assess is $5,000. A civil penalty may be assessed from the date the violation. Each day ofa continuing violation (b) Civil penalty assessment factors. The governing body oft thet town shall determine the amount  shall constitute a separate violation.  oft the civil penalty based on the following factors:  1. The degree and extent ofl harm caused by the violation, 3. The amount of money the violator saved by noncompliance,  2. The cost of rectifying the damage,  4. Whether the violation was committed willfully, and the prior record of the violator in failing to (c) Any person who fails to submit an erosion control plan for approval as required by this section shall be subject to a single, non-continuing civil penalty of not more than $5,000. Any person who is subject to a civil penalty under this subsection may be subject to additional civil penalties for violation of any other provision ofthis section or rules or orders adopted or issued pursuant to this section. (d) Hearing. A hearing on a civil penalty shall be conducted by the town within 15 days after the date oft the written demand fort the hearing. The agency conducting the hearing shall make its recommendation to the governing body oft thei town within 21 days after the date oft thel hearing. (e) Final decision. The governing body shall: render its final decision on the civil penalty within  comply with this section.  ten days of the receipt of the recommendation from the agency.    (f) Appeal ofi final decision. Appeal from the final decision oft the governing body shall bet to the Superior Court oft the county where the violation occurred, or the location of the violator's residence or (g) Credit of civil penalties. Civil penalties collected pursuant to this section shall be credited to the Civil Penalty and Forfeiture Fund. [Note: Case law on an air quality delegated program determined that civil penalties assessed by local governments pursuant to a state delegation had tol be remitted to the Civil Penalty and Forfeiture Fund for the benefit oft the local school boards pursuant to the State (2) Criminal penalties. Any person who knowingly or willfully violates any provision ofthis section, or rule or order adopted or issued pursuant to this section, or who knowingly or willfully initiates or continues al land-disturbing activity for which an erosion control plan is required, except in accordance with thet terms, conditions and provisions of an approved plan, shall be guilty ofa Class 2 misdemeanor  principal place of business.  Constitution's provision on state penalties, fines and forfeitures..  which may include a fine not to exceed $5,000 as provided in G.S. $ 113A-64.  (S) Injunctive relief  (1) Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this section or any rule or order adopted ori issued pursuant to this section, or any term, condition or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this section, institute a civil action int thei name ofthe town fori injunctive relieft to restrain the violation or threatened violation. The action shall be (2) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders orj judgments as are necessary to abate the violation or toj prevent the threatened violation. The institution of an action fori injunctive reliefunder this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violation ofthis section. (T) Restoration after non-compliance. The town may shall require aj person who engaged in al land- disturbing activity and failed to retain sediment generated by the activity, as required by G.S. $ 113A- 57(3), to restore the waters and land affected by the failure sO as to minimize the detrimental effects ofthe resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or (U) Severability. Ifany section or sections oft this section is/are held to be invalid or unenforceable, all (V) Effective date. This section shall take effect on the date of adoption by the Board of (Ord. 91-08, passed 11-18-91; Am. Ord. 95-11, passed 11-15-95; Am. Ord. 00-01, passed 1-10-00; Am.  brought in the Superior Court of Dare County.  injunctive reliefa authorized under this section.  other sections shall nevertheless continue in full force and effect.  Commissioners.  Ord. 01-02, passed 2-28-01; Am. Ord. 08-11, passed 3-26-08)    Director of Planning and Inspections MEREDITH GUNS Building Inspector MARTY: SHAW CHARLES THUMAN Codel Enforcement Officer JORDANBLYTHE  Assistant Director of Planning and Inspections CAMERON RAY Senior Planner RYANI LANG Zoning Administrator DONNAI ELLIOTT  Birthplaceof Aviation THCAROY NORTH CAROLINA PLANNING DEPARTMENT  THE TOWN OF KILL DEVIL HILLS  December 17,2019 Memorandum To: From: Subject:  Planning Board  Meredith B. Guns, Planning Disator/fk 2020 Planning Board Meeting Schedule  Staffis1 requesting the Planning Board consider amending its regular meeting schedule for 2020 toi include only one regularly scheduled meeting per month. The Board of Commissioners has adopted a meeting schedule that includes only one: meeting the months of February, March, July, August, September, October, November and December. This schedule has worked well for the past several years and ifthere is pressing business the Planning Board can always schedule Thej proposed meeting schedule eliminates the first meeting oft the month, which will not delay site plans from moving forward to the Board of Commissioners. The January meeting will be a Joint Worksession with the Board of Commissioners to discuss large single family dwellings among other land use topics. The February and October meetings are moved up a week due to Ift the Planning Board agrees then the meeting schedule: for the 2020 calendar year would be:  additional meetings.  2020 elections.  Wednesday, January 22, 2020 (Board of Commissioners Joint  Worksession) February 11, 2020 March 17, 2020 April 21, 2020 May 19, 2020 June 16, 2020 July 21,2 2020 August 18, 2020 September 15, 2020 October 13, 2020 November 17,2020 December 15, 2020  102 Town Halll Drive* * POJ Box 1719 *] Killl Devill Hills, NC 27948 * (252) 449-5318 * Fax (252)4 441-4102