March 9, 1998 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

March 9, 1998The Johnston County Board of Commissioners met in regular session Monday, March 9, 1998, at700 pm in the Commissioners Room, Johnston County Courthouse Annex, Smithfield, North Carolina,with the following membersPresent Norman C Denning, Chairman, James W Cash, Vice Chairman, Jerry F Wood,DDS, Eleanor N Creech, Cookie Pope, Thomas M Moore and James H Langdon, JrAbsent NoneAlso Present Richard B Self, County Manager, and Joyce H Ennis, Clerk to the BoardThe Chairman called the meeting to order and the following business was transacted1 Boy Scout RecognizedThe Board recognized Jarett Beasley from Boy Scout Troop 64 who was in attendance at themeeting to fulfill requirements for a merit badgeBoard members welcomed Jarett and encouraged him to come back on other occasions to learn moreabout how government works2 Public Hearing - Rezoning CasesAdvertised - The Smithfield Herald - February 24, March 3, 1998Certified letters were mailed to adjoining property owners on February 26, 1998, and noticeswere posted at the locations on February 26, 1998The Chairman opened the public hearing and invited anyone who wished to comment on thefollowing rezoning cases He stressed that in the cases which are proposed as special use districts, the onlything that can be discussed is whether the property should be rezoned No discussion about the proposeduse can be heard until the second hearing on the special use permitsCase 309 Petition to rezone approximately 15 acres located on Loop Road State road 1706 inWilders Township from Agricultural Residential 40 to Heavy Industrial Special UseDistrict Owners Larry and Kay BoyettePlanning Director, Cal Genereux, explained this petition was originally heard at the Februarymeeting and was readvertised this month with a change in acreage The surrounding zoning is ARR -40,R -30, Highway Business 4 SUD and Community Business 2 He pointed out the property on the GIS mapand noted the northern end of the parcel is the portion under considerationJim Benson who lives across from the property stated he opposed the rezoningLinwood Jones, representing the Boyettes, stated the site is suitable for the proposed use He notedhis clients live on the property themselves, and four adjacent property owners have signed petitions statingthey have no opposition to the proposed plan He asked the Board to approve the rezoningCase 310 Petition to rezone approximately 5366 acres located on State road 1010 ClevelandRoad in Cleveland Township from Residential 10- Special Use District to Planned UnitDevelopment Owners Donald and Pamela MillardMr Genereux indicated the parcel on the GIS map and noted the surrounding zoning is ARR -40,R -30, PUD and General Business The parcel is located across from Cleveland Elementary School, eastof the intersection of Cornwallis Road Several subdivisions are in the areaSteven Sanderson of Southwind Engineering and Surveying, stated this property was previouslyrezoned R -10, however, due to new regulations concerning riparian buffers along the creeks in thewatershed area, much of the parcel can no longer be developed He noted if the property is rezonedPlanned Unit Development, this area can be used for open space area and for recreation purposes Atpresent, his clients are considering a joint endeavor with several other developers in the area for a sewersystem to eliminate on -site pump stations There will be no manufactured housing765Case 313 Petition to rezone approximately 215 acres located on Strickland Road State road1907 in Wilsons Mills Township from Agricultural Residential 40 to Residential 30Owners and Applicants Joseph and Karla IshakMr Genereux pointed out this property on the GIS map, which is located north of Whitley HeightsSubdivision The Ishaks wish to divide the property into two lots, however, due to an easement that runsalong the edge of the parcel, there is not enough land for two 40,000 sq ft lots The tract is in theWilsons Mills Water District and would be eligible for R -30 zoning Mr Ishak was present and requestedthe Board rezone the propertyCase 315 Petition to rezone approximately 276 acres located on Covered Bridge Road State road1700 in Wilders Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owners and Applicants James and Sandra WallMr Genereux indicated the property on the GIS map and noted the surrounding zoning is ARR -40Only a portion of the affected parcel would be rezoned, and since the Planning Board meeting, the ownerhas decided he would prefer to change the site from one side of the property to the other side nearer hishome Mr Wall showed a map of the new location for this special use and asked the Board to rezone thepropertyCase 316 Petition to rezone approximately 796 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner and ApplicantRichard StironekMr Genereux pointed out this parcel on the GIS map and noted the surrounding zoning is ARR -40,R -30, Highway Business 4, and Highway Business 4 SUD He noted the parcel is on the southwest sideof Highway 50 near Forest Ridge Subdivision This would be an addition to adjoining property to thesouth, which is already zoned R -30Sonny Johnson, Developer, stated this parcel was inadvertently omitted when the other parcel wasrezoned R -30 He asked that this be approved so it can be developed with the rest of the subdivisionJohn Howell, adjacent property owner, stated he supports this rezoningThere being no further comments, the Chairman closed the public hearing3 Decisions on Rezoning CasesCase 309 Petition to rezone approximately 15 acres located on Loop Road State road 1706 inWilders Township from Agricultural Residential 40 to Heavy Industrial Special UseDistrict Owners Larry and Kay BoyetteUpon a motion by Commissioner Cookie Pope, seconded by Commissioner James H Langdon, Jrand carried by unanimous vote, the Board approved rezoning case 309 for Larry and Kay Boyette of 15acres on Loop Road in Wilders Township from ARR -40 to Heavy Industrial Special Use DistrictCase 310 Petition to rezone approximately 5366 acres located on State road 1010 ClevelandRoad in Cleveland Township from Residential 10- Special Use District to Planned UnitDevelopment Owners Donald and Pamela MillardCommissioner Thomas M Moore moved the Board approve rezoning case 310 for Donald andPamela Millard of 5366 acres on SR 1010 in Cleveland Township from Residential 10 Special UseDistrict to Planned Unit Development with the condition the owner extend the turn lane from the site tothe school as was originally a condition of the special use Commissioner James H Langdon, Jr secondedthe motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, James HLangdon, Jr and Eleanor N CreechNo Cookie Pope Ms Pope stated that until the roads are safer and there are moreschools in this area, she cannot support further development766Case 313 Petition to rezone approximately 215 acres located on Strickland Road State road1907 in Wilsons Mills Township from Agricultural Residential 40 to Residential 30Owners and Applicants Joseph and Karla IshakUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board approved rezoning case 313 for Joseph Ishak of 215acres on Strickland Road in Wilsons Mills Township from ARR -40 to Residential 30Case 315 Petition to rezone approximately 276 acres located on Covered Bridge Road State road1700 in Wilders Township from Agricultural Residential 40 to Community BusinessSpecial Use District Owners and Applicants James and Sandra WallUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Thomas MMoore and carried by unanimous vote, the Board approved rezoning case 315 for James and Sandra Wallof 276 acres on Covered Bridge Road in Wilders Township from ARR -40 to Community BusinessSpecial Use DistrictCase 316 Petition to rezone approximately 796 acres located on NC 50 in Pleasant GroveTownship from Agricultural Residential 40 to Residential 30 Owner and ApplicantRichard StironekCommissioner James H Langdon, Jr moved the Board approve rezoning case 316 for RichardStironek of 796 acres on NC 50 in Pleasant Grove Township from ARR -40 to Residential 30Commissioner Jerry F Wood seconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Thomas M Moore, James HLangdon, Jr and Eleanor N CreechNo Cookie Pope Again Ms Pope stated she could not support this because of theovercrowded schools and traffic problems4 Public Hearing - Special Use PermitsAdvertised - The Smithfield Herald - February 24, March 3, 1998Certified letters were mailed to adjoining property owners on February 26, 1998, and noticeswere posted at the locations on February 26, 1998The Chairman opened the public hearing and invited anyone who wished to comment on thefollowing requests for special use permits Persons wishing to be heard on these cases were sworn in bythe ClerkCase 309 Special use permit application for a land clearing inert debris landfill on approximately15 acres located on Loop Road State road 1706 in Wilders Township Owners Larryand Kay BoyetteMr Genereux stated the Boyettes wish to build up this portion of their land by burying inert debrisfrom recent hurricanes and storms in order to make it more suitable as pasture land He introducedphotographs taken earlier in the day and noted the Planning Board recommended approval withrestrictionsAllen King of Southwind Surveying and Engineering stated that after the property is built up andcovered, the Boyettes would come back to have the property rezoned ARR -40 Currently he has begunthe operation on a two -acre area under a permit issued by the NC Department of Environment, Healthand Natural Resources, Waste Management Division In order to proceed, the property must be rezonedHe introduced Jimmy Barbour with NCDEHNR to answer any questions the Board might haveMr Barbour explained the permitting process which is issued in five -year increments He notedthere are no environmental concerns with this type of use, and no groundwater monitoring is needed asonly natural product is being buried The biggest concern would be stormwater runoff, which would behandled by the DEHNR Division of Land Quality In response to a question from Commissioner Pope,Mr Barbour stated the operator is responsible for verifying that only the things permitted are buried atthe site A one -foot cover made up of suitable material is required767Steve Wood, nearby resident, asked who would supervise this operation Mr Barbour respondedthe site will be inspected a minimum of two times a year, however it may be checked more often,especially if there are any concerns He noted he recently visited the property, walked over most of the 15acres and found no problem with this site for the proposed useJim Benson, who lives across from the site, remarked on the different materials that would beallowed under the permit and questioned what restrictions would be on the property after the landfill iscovered He also asked for clarification concerning the following 1 the burning of piles of debris on thefield, which he maintained has been going on each morning; 2 whether the owners can charge for thefill and 3 Use of bulldozers on Sunday mornings He showed some pictures he had taken of the siteConcerning future use of the property, Mr Barbour explained the State does not have anyrestrictions, however they would discourage building permanent structures on the site He noted the permitwould be recorded against the deed In response to the other concerns, it was noted only commerciallandfills can charge, and burning is not allowed by the State except for limited fires in barrels to provideheat for the workers The State permit allows work only on week daysVan Sauls, attorney for the Boyette family, stated the family only wants to improve their land forthemselves and their children He noted four adjoining property owners and many others in theneighborhood have signed affidavits indicating they have no problem with this rezoningCase 315 Special use permit application for making and selling of ceramics, pottery and othercrafts on approximately 276 acres located on Covered Bridge Road in WildersTownship Owners James and Sandra WallMr Genereux stated the owners wish to operate a ceramic shop on this propertyMr Wall stated his wife has recently retired and wants to operate a ceramic business in theneighborhood He noted the neighbors support this rezoningThere being no further comments from the audience, the Chairman addressed the following questionsto Mr Genereux concerning Special Use Permit Cases 309 and 3151 Mr Genereux, were pre - application conferences held by the Planning Department with theapplicants on these cases Response Yes, Sir2 Did the applicants meet the requirements at that time by providing a sketch plan illustrating thelocation, size and major design elements of the development of these sites Response Yes, Sir3 Did your department prepare an analysis of the applications including conformity with zoning,subdivision, soil erosion and sedimentation, and health regulations Response Yes we did4 Did the Planning Board advertise and hold a hearing open to the public Response Yes, Sir5 Was written certification sent to the adjacent property owners in a timely fashion Response YesSir6 What is the recommendation of the Planning Board Response The Planning Board recommendedapproval of these cases based on findings of factChairman Are conditions attached to these cases Response Yes, SirCase 309 - 1 two acres per year, renewable annually2 Hours of operation Monday - Friday 800 am to 500 pm3 Test content being transported to property - must be 85 top soil4 No burning5 Must have gravel driveway entranceCase 315 - 1 Applicants recombine the existing small lotto a conforming size This is no longerapplicable since the site has been changed to an area closer to the applicants homeChairman Mr Genereux, please read to this Board the summary of the evidence supporting thePlanning Boards recommendations Response Mr Genereux read the following evidence of supportfound by the Planning Board for these casesFindings of Fact for Case 3091 The land is owned by the Boyettes2 This service is needed due to the large growth in Johnston County3 The top soil is needed by the applicant1•Findings of Fact for Case 3151 The use is clean and quiet in nature2 The applicants own the surrounding 14 acres3 Sufficient access will be provided for public access7 Did you notify the applicants in writing of the Planning Boards recommendations Response Yes,Sir8 Are the applicants aware that if the Commissioners deny the request that no application can beaccepted for the same or a similar use affecting the same property for a period of twelve 12months Response Yes, Sir9 Are the applicants aware that the right of appeal to the Board of Adjustment must be exercisedwithin thirty 30 days of this date Response Yes, Sir10 Are the applicants aware that the permit will expire at the end of twelve 12 months if it is not usedas permitted within that time period Response Yes, SirConcerning Case 309, Linwood Jones asked for clarification on the conditions recommended by thePlanning Board He noted the States permitting system allows for working with two acres at a time withina five -year permit He asked to be allowed to operate five days a week from 700 am until 700 pmduring daylight- saving timeThere being no further comments, the Chairman closed the public hearing5 Decisions on Special Use PermitsCase 309 Special use permit application for a land clearing inert debris landfill onapproximately 15 acres located on Loop Road State road 1706 in WildersTownship Owners Larry and Kay BoyetteUpon a motion by Commissioner James H Langdon, Jr, seconded by Commissioner Cookie Popeand carried by unanimous vote, the Board authorized the Planning Department to issue a special usepermit to Larry and Kay Boyette for land clearing inert debris landfill on 15 acres on Loop Road inWilders Township, based on the following conditions and findings of factConditions 1 Two acres at a time in operation with automatic renewal2 Hours of operation Monday - Friday 700 am to 700 pm during daylight -saving time - otherwise 800 am to 500 pm3 Test content being transported to property must be 85 top soil4 No burning except small fires in barrels for heat5 Must have gravel driveway entranceFindings of Fact1 The land is owned by the Boyettes2 This service is needed due to the large growth in Johnston County3 The top soil is needed by the applicantCase 315 Special use permit application for making and selling of ceramics, pottery and othercrafts on approximately 276 acres located on Covered Bridge Road in WildersTownship Owners James and Sandra WallUpon a motion by Commissioner James H Langdon, Jr,seconded by Commissioner Eleanor NCreech and carried by unanimous vote, the Board authorized the Planning Department to issue a specialuse permit to James and Sandra Wall for the making and selling of ceramics, pottery and other crafts on276 acres on Covered Bridge Road in Wilders Township, based on the following findings of fact1 The use is clean and quiet in nature2 The applicants own the surrounding 14 acres3 Sufficient access will be provided for public access6 Revised Stormwater Ordinance ApprovedEngineer Tim Broome presented the revised stormwater ordinance for the Boards approval Henoted the final draft has been amended as requested to define a major subdivision to be consistent withthe subdivision ordinance, and section l if was expanded to identify what is allowed and what is notallowed in the Environmentally Sensitive Area Overlay District769He reported a meeting was held with the stakeholders and the design manual was made availableIn response to a question from Commissioner Pope, he explained the review will be done and the permitissued at the time the detailed plan is submitted He requested the Board adopt the ordinance with theriparian buffers effective immediately and the permitting to begin within the next sixty daysSonny Johnson asked for a definition of recreational development in the overlay district Mr Broomeresponded that no structures would be allowed, however ball fields, etc would be permissible In responseto a question about piping and channels in these areas, it was noted the ordinance discourages thisFollowing discussion, Commissioner Thomas M Moore moved the Board adopt the StormwaterManagement Ordinance as presented with the riparian buffer requirements effective immediately and thepermitting policy effective May 26, 1998 Commissioner Jerry F Wood seconded the motion, whichcarried by unanimous voteSTORMWATER MANAGEMENT ORDINANCESECTION 1 AUTHORITYUnder the North Carolina General Statutes 153A - 345 Johnston County has the responsibility andauthority to regulate land use and development within its jurisdiction and to adopt regulations designedto promote the public health, safety, and general welfare of its citizenrySECTION 2 INTENTThe intent of this Ordinance is to establish minimum criteria to control and minimize quantitative andqualitative impacts of stormwater runoff from development within the County Further, this Ordinanceis to establish the Environmentally Sensitive Area Overlay District and establish criteria to provideadditional protection to these areas from development Prudent site planning should include specialconsideration for the purposes of preserving natural drainage ways and slowing stormwater runoff fromindividual sites in route to streams and rivers by use of effective runoff management, drainage structures,and stormwater facilitiesSECTION 3 APPLICABILITYThe provisions of this Ordinance shall apply to all areas within the planning jurisdictional limits ofJohnson County The provisions of the Environmentally Sensitive Area Overlay District shall apply tothose areas defined and established on the map entitled Environmentally Sensitive Areas of JohnstonCounty, North Carolina This Ordinance shall be permanently kept on file in the office of the JohnstonCounty Planning DepartmentSECTION 4 EXCEPTIONS TO APPLICABILITYThis stormwater management ordinance shall not apply to those land use activities identified in thespecific sections of this Ordinance or as identified below1 Existing development may be continued and maintained Expansion to existingstructures classified as existing development must meet the provisions of this ordinance2 Activities on a bona fide farm unless the activity is for non -farm purposeSECTION 5 DEFINITIONSFor the purpose of this Ordinance, the following terms, phrases and words, and their derivatives, shallhave the meaning given hereinApplicant - An owner or developer of a site who executes the Stormwater Permit Applicationpursuant to this ordinanceBest Management Practices - A wide range of practices that have been demonstrated toeffectively control the quality andor quantity of stormwater runoff and which arecompatible with the planned land useBona Fide Farm - Tract or tracts of land used for the production of plants and animals useful tomanChannel Bank - The location of the upper edge of the active channel above which the waterspreads into the overbanks on either side of the channel or the elevation of the two -yearfrequency storm Where the channel bank is not well defined, the channel bank shall beconsidered the edge of the waterlineDesign Manual - The manual of design, performance, and review criteria adopted by JohnstonCountyDesign Storm - The specific frequency and, if necessary, duration of the rainfall event to be usedin design to meet the criteria established in the Design ManualDevelopment should generally mean any of the following actions taken by a public or privateindividual or entity770the division of a lot, tract or parcel of land into two 2 or more lots, plots, sites, tracts,parcels or other divisions by plat or deed, or any land change, including, withoutlimitation, clearing, tree removal, grubbing, stripping, dredging, grading, excavating,transporting and filling of landDrainage Structures - Shall include swales, channels, storm sewers, curb inlets, yard inlets,culverts and other structures designed to convey stormwaterImpervious Surface - A surface composed of any material that impedes or prevents naturalinfiltration of water into the soil Gravel areas shall be considered imperviousIntermittent Streams - A natnral drainage way with a eontribnting drainage area of -200 aermore shall be eonsidered an intermittent stream for pnrposes of this ordinaneeA natural drainage way, which shows up as a blue line on the USGS 75 minutequadrangle maps and has a contributing drainage area of 300 acres or more shall beconsidered an intermittent stream for the purposes of this ordinanceLand Disturbing Activities - The use of land by any person that results in a change in the naturalcover or topography that may contribute to or alter the quantity and or quality ofstormwater runoffMajor Subdivision - The division of a tract of land intone 2 eight 8 or more lotsNatural Drainage Way - Shall mean an incised channel with a defined channel bed and banks thatare part of the natural topography Construction channels such as drainage ditches shallnot be considered a natural drainage way unless the constructed channel was a naturaldrainage way that has been relocated, widened, or otherwise improvedPerennial Stream - Perennial streams in johnston Connty shall eonsist of the followingare streams that have essentially continuous flows Perennial streams in the EnvironmentallySensitive Overlay District shall include Swift Creek and White Oak Creek, and Little RiverSwift Creek - thronghont johnston Connty Middle Creek -THIS LIST HAS NOT BEEN FINALIZED AND WILL BEDEFINED BASED ON THE BEST AVAILABLE INFORMATIONRiparian Buffer - An area of trees, shrubs, or other vegetation, that is adjacent to anatural drainage way Riparian buffers reduce the impact of upland sourcesby trapping, filtering, and converting nutrients, sediments, and otherchemicals and maintain the integrity of the natural drainage wayStormwater Administrator - The person designated by the County Manager of JohnstonCounty to have authority to review and approve Stormwater Permits andstormwater management plans The Stormwater Administrator shall also beresponsible for inspecting development and making sure the provisions ofthis ordinance are being followedStormwater Facilities - Shall include devices designed specifically to detain or retainstormwater for water quantity or water quality control These devices shallnot include those drainage structures that provide incidental water quantityor water quality control These devices include but are not limited to wetponds, dry ponds, bioretention areas, filter strips, infiltration trenchesVegetative Buffer - An area that has a dense ground cover of herbaceous or woodyspecies which provides for diffusion and infiltration of runoff and filteringof pollutantsWater Dependent Structures - Those structures which require the access or proximityto, or sitting within surface waters to fulfill its basic purpose, such as boatramps, boat houses, docks, and bulkheads Ancillary facilities such asrestaurants, outlets for boat supplies, parking lots, and commercial boatstorage areas are not considered water - dependent structuresSECTION 6 INTERPRETATION6a In interpreting and applying this Ordinance, the requirements are intended to be minimumrequirements which are imposed and are to be conformed to, and are in addition to, andnot in lieu of, all other legal requirements6b This Ordinance shall not be deemed to interfere with or annul or otherwise affect in anymanner whatsoever any ordinance, rules, regulations, permits, or easements, covenants,or other agreements between parties, provided, however, that where this Ordinanceimposes greater restrictions and controls with respect to stormwater management, the771provisions of this Ordinance shall prevailSECTION 7 PERMITS7a Except where provided elsewhere, development shall not commence without obtaininga Stormwater Permit pursuant to the provisions of this Ordinance7b The Stormwater Permit Application shall be made by, or on behalf of, the owners ordevelopers ofthe site for which the permit is sought The application shall be filed withthe County on a form supplied by the County and shall be accompanied with theinformation identified in the Design Manual7c A Stormwater Permit shall not be issued until the following conditions are metApproval by the Stormwater Administrator of the supporting informationSubmission and approval of any required easementsSubmission and approval of any required inspection and maintenance agreementsPayment of all fees7d If the development requires a Sediment and Erosion Control Permit, the StormwaterPermit will be conditional upon the owner receiving such sediment and erosion controlpermit7e The Stormwater Permit will be valid for one 1 year from the date of issuance or ifsignificant changes in the development are made that change the intent of the permitSignificant changes shall be determined by the Stormwater Administrator If significantchanges are made, the original Stormwater Permit shall not be valid and a new permitshall be requiredSECTION 8 FEES8a A list of fees associated with this Ordinance are available at the Johnston County Officeof the Clerk to the Board of CommissionersSECTION 9 STORMWATER MANAGEMENT9a Stormwater shall be conveyed through development in an adequately designed drainagesystem of natural drainage ways, grass swales, storm sewers, culverts, inlets, andchannels Drainage systems shall be designed, constructed, and maintained so as toprovide natural infiltration, control velocity, control flooding, and extend the time ofconcentration of stormwater runoff9b Stormwater Management PlansStormwater management plans shall be submitted with the Stormwater PermitApplication for the following developmentsa All commercial and industrial development and any major subdivision asdefined in the Johnston County Subdivision Ordinanceb Any activity that disturbs more than two 2 acres except the following1 Activity on a bona fide farm, unless the activity is for non -farm purposes2 Activities on forest land for the production and harvesting of timber andtimber products9c Stormwater management plans shall1 Include drawings, maps, supporting calculations, specifications, and summaries asoutlined in the Design Manual2 Demonstrate through accepted engineering practices described in the Design Manualthe impacts of the proposed development Impacts of the proposed development mayincludea Effects on existing upstream andor downstream drainage systems and propertyb Ability of the natural drainage way to handle additional stormwater runoffc Site specific criteria3 Demonstrate through accepted engineering practices described in the Design Manualthat stormwater runoff is adequately conveyed through the development in a drainagesystem designed to meet the criteria described in the Design Manual4 Demonstrate through accepted engineering practices described in the Design Manualthat stormwater facilities required to control the impacts of the development aredesigned to meet the criteria described in the Design Manual9d Stormwater Facilities Inspection and Maintenance Requirements1 A written inspection and maintenance agreement in a form acceptable to the CountyAttorney and executed by the applicant of the Stormwater Permit and the owners ofthe facility, if different than the applicant, shall be provided prior to receiving aStormwater Permit The agreement shall provide the followingShall bind the parties thereto and all subsequent owners, successors, and772assignsThe required inspection maintenance and access of the facility as defined in theDesign ManualThat if the County directs the correction, repair, replacement, ormaintenance of the facility in writing and the actions are notsatisfactorily performed within a reasonable time but not greater than120 days, the County may, after reasonable notice, enter the landand perform all the Necessary work and may assess the owners ofthe facility with the cost of the work performed The owners servedby the facility shall be jointly responsible to the County for themaintenance of the facility and liable for any costs incurred by theCounty pursuant to the said agreement and all properties are jointlysubject to the imposition of the liens for said costsThe Inspection and Maintenance Agreement shall be recorded in the Register ofDeeds at the expense of the applicantStormwater facilities shall be included in an easement The easement shallinclude the area of the facility, area of ponded water, and enough area for accessand maintenance The easement shall be recorded in the Register of Deeds at theexpense of the applicantSECTION 10 RIPARIAN BUFFERSIOa Riparian buffers shall be maintained on all sides of perennial and intermittentstreams and lakes and as provided hereinI Ob The following are exempt from this riparian buffer requirementAreas that are within an Environmentally Sensitive Overlay District where morerestrictive buffers applyAreas that are mapped on the USGS quadrangle map that do not exist on the groundPonds and lakes created for animal watering, irrigation, or other agricultural uses thatare not part of a natural drainage wayWhere application of these requirements would prevent all prospective use of a lotplatted and recorded prior to the effective date of this OrdinanceWater dependent structures These structures shall be designed, constructed, andmaintained to provide the maximum nutrient removal, have the least adverse effects onaquatic habitat and to protect water qualityRoads, bridges, stormwater management facilities, ponds, and utilities where no otherpractical alternative exists These structures shall be located, designed, constructed andmaintained to have minimal disturbance, provide maximum nutrient removal, provide theleast effects on aquatic life and habitat, and protect water quality to the maximum extentpracticalDitches and manmade conveyances other than modified natural streamsI Oc The riparian buffer shall have two zones as described belowZone 1 shall be an undisturbed area extending from the top of channel bank landwarda minimum distance of 30 feet measured horizontally on a line perpendicular to the waterbodyZone 2 shall be a vegetative buffer extending from the outer edge of Zone 1 landward aminimum distance of 20 feet measured horizontally perpendicular to Zone 1Zones 1 and 2 shall combine for a total buffer of 50 feetIOd The following activities shall not be allowed in buffer areasNew on -site sanitary sewage systems which utilize ground adsorptionNew permanent structuresI Oe Zone 1 and Zone 2 shall be maintained by the landowner or homeowners association tomaintain sheet flow to the maximum extent practical to provide for diffusion andinfiltration of runoff and filtering pollutants into the affected stream and consistent withmaintenance criteria as set out in the Design Manual10f Riparian buffer areas shall be designated on recorded plats as easements The easementshall distinguish Zone 1 and Zone 2 The plat shall be included with the StormwaterPermit ApplicationSECTION 11 ENVIRONMENTALLY SENSITIVE AREA OVERLAY DISTRICTI Ia The Environmentally Sensitive Area Overlay District is hereby established as a districtthat overlays areas deemed environmentally sensitive The designated areas under thisdistrict are defined and established by the overlay district Environmentally SensitiveArea on the official zoning map and delineated on the maps entitled Environmentally773Sensitive Area Overlay District of Johnston County which will be permanently left onfile in the Johnston County Planning Department Development within this overlaydistrict shall comply with the underlying zoning district, the provisions ofthis StormwaterManagement Ordinance and provision of this sectionI lb Perennial stream buffers shall be measured from the top of channel bank and extendlandward a minimum distance of 100 feet measured horizontally on a line perpendicularto the water bodyThe buffer shall be undisturbed and remain forested if currently forestedIf the existing buffer is not forested, it shall be maintained in a natural state andallowed to re- vegetateThere shall be no fill allowed within the buffer areaI lc Intermittent stream buffers shall have two zones as described below1 Zone 1 shall be an undisturbed area extending from the channel bank landward aminimum of 30 feet measured horizontally on a line perpendicular to the water body2 Zone 2 shall be a vegetative buffer extending from the outer edge of Zone l landwarda minimum of 20 feet measured horizontally perpendicular to Zone 1I Id Zone 1 and Zone 2 shall be maintained by the landowner or homeowners association tomaintain sheet flow to the maximum extent practical to provide for diffusion andinfiltration of runoff and filtering pollutants into the affected stream and consistent withmaintenance criteria as set out in the Design ManualI le The following are exempt from this riparian buffer requirementAreas that are mapped on the USGS quadrangle map that do not exist on the groundPonds and lakes created for animal watering, irrigation, or other agricultural uses that arenot part of a natural drainage wayWhere application ofthese requirements would prevent all prospective use of a lot plattedand recorded prior to the effective date of this OrdinanceWater dependent structures These structures shall be designed, constructed, andmaintained to provide the maximum nutrient removal, have the least adverse effects onaquatic habitat and to protect water qualityRoads, bridges, stormwater management facilities, ponds, and utilities where no otherpractical alternative exists These structures shall be located, designed, constructed andmaintained to have minimal disturbance, provide maximum nutrient removal, provide theleast effects on aquatic life and habitat, and protect water quality to the maximum extentpracticalDitches and manmade conveyances other than modified natural streamsl l f There shall be no development allowed within the areas of special flood hazard as definedin the Johnston County Flood Damage Prevention Ordinance, which shall be defined asresidential and non - residential structures and improvements to such structuresSpecifically allowed improvements include public utility structures,buried utilities, roadways and access -ways, and recreational facilities to the extent nostructures are involvedSECTION 12 VARIANCES12a All variance requests must be considered by the Board of AdjustmentSECTION 13 SEVERABILITY13a Should any section or provision of this article be declared invalid or unconstitutional byany court of competent jurisdiction, the declaration shall not affect the validity of thisArticle as a whole or any part thereof that is not specifically declared to be invalid orunconstitutionalSECTION 14 ENFORCEMENT14a Whenever, by the provisions of this ordinance, the performance of any act is required, orthe performance of any act is prohibited, or whenever any regulation or limitation isimposed on the use of any land, or on the erection, alteration, or the use or change of useof a structure, a failure to comply with such provisions shall constitute a violation of thisordinance14b The owner, tenant, or occupant of any land or structure, or part thereof, and anyarchitect, engineer, builder, contractor, agent, or other person who participates in, assists,directs, creates, or maintains any situation that is contrary to the requirements of thisordinance may be held responsible for the violation and be subject to the penalties andremedies provided herein14c Procedures upon discovery of violations shall be as follows774Upon determination that any provision of this chapter is being violated, the StormwaterAdministrator shall deliver a written notice by personal service or by registered orcertified mail, return receipt requested, to the persons responsible for such violation,indicating the nature of the violation and ordering the action necessary to correct itAdditional written notices may be sent at the Stormwater Administrators discretionThe final written notice, which may also be the initial notice, shall state the action theCounty intends to take if the violation is not corrected, and shall advise that theStormwater Administrators order may be appealed to the Board of Adjustment asprovided in Section 12In cases when delay would seriously threaten the effective enforcement of this ordinance,or pose a danger to the public health, safety, or general welfare, the StormwaterAdministrator may seek enforcement without prior written notice by invoking any of thepenalties or remedies contained in section 14d14d Penalties and remedies shall be as followsAny violation of any provision of any Section ofthe Stormwater Management Ordinanceshall constitute a misdemeanor and shall subject the violator to a penalty of five hundreddollars 50000 or imprisonment for not more than 30 daysAny act constituting a violation of this ordinance shall also subject the offender to a civilpenalty of twenty -five dollars 2500 If the offender fails to pay the penalty within ten10 days of receiving final written notice of a violation, the penalty may be recovered bythe County in a civil action in the nature of a dept A civil penalty may not be appealedto the Board of Adjustment if the offender received a final written notice of violation anddid not appeal to the Board of Adjustment with 30 daysEach day that any violation continues after receipt of the final written notice of suchviolation shall constitute a separate violation and a separate offense for purposes of thepenalties and remedies specified hereinIn addition to the penalties and remedies above, the County may institute any appropriateaction or proceedings to prevent, restrain, correct, or abate a violation of this ordinanceThis ordinance will go into effect immediately except for the Stormwater Permit provisions, whichwill become effective May 26, 1998Adopted the 9th day of March 19987 Budget Amendment ApprovedUpon a motion by Commissioner Eleanor N Creech, seconded by Commissioner Cookie Pope andcarried by unanimous vote, the Board approved the following budget amendment to budget money fromthe state for stream clean upExpenditure Increase10 58504532 Stream Debris Removal Disposal 20,56512Revenue Increase10 585034152 25 match ofNRCS Grant 20,565128 Four Oaks Extraterritorial Jurisdiction VerificationCal Genereux reminded the Board that at the February 2, 1998 meeting, the Board placed a 30-day moratorium on issuing building permits on four lots outside Four Oaks until it could be determinedwhether the property was located inside the Four Oaks Extraterritorial Jurisdiction The thirty -day periodis over, and he asked for direction on this matterIn reviewing the situation, he noted the 49 acres near Four Oaks are shown on the GIS map, aswell as the Four Oaks recorded ETJ map, as being outside the extraterritorial jurisdiction of Four OaksFour Oaks maintains the property is a portion of a larger tract that they approved for a subdivisioncontingent upon the owner connecting to the Towns water When the developer came to the County andasked to subdivide the portion of the property under the Countys jurisdiction, the Planning staff approvedthe requestMr Genereux stated the County can follow the official map and allow the developer to build onthe lots, or wait until the ETJ maps for all municipalities are changed to follow property lines instead ofarcs, at which time this property would most likely fall within Four Oaks ETJ He noted the GISDepartment is currently working on the new maps, which should be ready for a public hearing in May775Judge William Bill Creech, native of Johnston County who currently lives in Wake County,addressed the Board Judge Creech stated he owned the property in question, however, he has contractedwith W W Construction to sell this 49 acre parcel for development He stated that last December, MrTom Santora, developer, went to the Four Oaks Town Hall and talked with Donna Honeycutt, TownClerk, about this property He was told the property was not in the Four Oaks ETJ and was directed tocheck with the Countys Planning Department Mr Santora went to the County GIS office and ascertainedthat the property was indeed in the Countys jurisdiction, then went to the Planning Office where he wastold he would be able to get well and septic permits and build on the property At that time, W WConstruction agreed to purchase the property Judge Creech stated that even though he owns theremaining adjoining property, this would mainly hurt Mr Wilkins who would lose money, which in hisopinion, would not be fair considering the information that was given him by both the Town of Four Oaks,and the CountyMr Wilkins stated he has a small business and it would hurt him badly if he could not proceedwith this building project He stated he would never have agreed to purchase the property if he could notdevelop it He asked to the Board to allow him to proceedChairman Denning commented on the accuracy of the GIS maps and the fact that in several casesthis new technology has led to changes of established boundary lines He noted, however, in this situationthe Four Oaks map shows the same boundary line as the GIS map, which indicates the property in questionis not in the Four Oaks ETJCommissioner Cookie Pope asked if the Board hadnt already begun with adjusting ETJ lines toconform with property linesCounty Manager, Richard Self, stated that plans are to have this done as soon as possible,however, the lines will have to be determined, new maps created showing both the old and new areas Thenew maps would have to be sent to all the towns for their review and approval, then a public hearing heldbefore the new maps could be approvedCommissioner Thomas M Moore stated in his opinion, the County should definitely adjust theboundaries to conform to property lines for the future, however that would not change this situationFollowing further discussion, Commissioner Jerry F Wood moved the Board authorize the CountyInspections Department to issue building permits for this property Commissioner James W Cashseconded the motion, which carried by the following voteAyes Norman C Denning, James W Cash, Jerry F Wood, Eleanor N Creech, Thomas MMoore, and James H Langdon, JrNo Cookie PopeThere being no further business, Commissioner Cookie Pope moved the Board adjournCommissioner Eleanor N Creech seconded the motion, which carried by unanimous voteNorman C Denning, ChairmanJoyce K Ennis, ClerkDetailsAnnotationsEntry PropertiesModified11192013 23625 PMCreated11192004 115316 AMTemplateMinutesFieldsMinutes - TypeZoningMinutes - Date391998Book20