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160 <br /> DRAFT <br /> 57 Beth Bronson: If there were to be a change, in NC Statute Article 15 Section 4, since we have to follow the state guidelines, if <br /> 58 the state guideline were to be updated past the time your permit is given but construction is not completed, is there any <br /> 59 requirement they would have to update those plans based on new information? <br /> 60 <br /> 61 Chris Sandt: One of the key things we've put into this UDO text amendment because of that issue, because the state is <br /> 62 constantly updating,we have clarified language within Section 6.14 and 6.15 to defer to the most current general statute. It is <br /> 63 worded in a way we won't have to go in and update the LIDO every time the state changes terminology or issues a new rule. <br /> 64 <br /> 65 Statler Gilfillen: If a developer has gotten through all the approvals and they start work and the state makes a major change to <br /> 66 the laws, is that developer grandfathered in with those approvals or he is bound be the new law that would upgrade it? <br /> 67 <br /> 68 Chris Sandt: That happens a lot in planning. They are grandfathered,you are obligated to meet state rules and regs at the time <br /> 69 of submittal. If you want to expand a project then the new work is subject to current rules. <br /> 70 <br /> 71 Whitney Watson: Is there something in the LIDO that encourages the use of permeable surface for parking areas. <br /> 72 <br /> 73 Chris Sandt: We accept those types of applications, however,they are kind of treated like an SCM but it has to be designed <br /> 74 and sealed by an engineer, you need an operational maintenance agreement—that's the big thing with those types of surfaces, <br /> 75 they tend to get clogged over time. They get compacted and then they turn into impervious pavement. A lot of times they refer <br /> 76 to the 57 stone option for areas that are not traffic loaded. <br /> 77 <br /> 78 Whitney Watson: When I see extremely long driveways,would that have required a permit. <br /> 79 <br /> 80 Chris Sandt: Yes,that's a common problem when there is a larger lot,when there is a long, deep lot and someone wants to <br /> 81 build at the back. For the developer,there are limits and it varies by zoning district but you have impervious limits and you can <br /> 82 only put so much pavement down and that includes the driveway. <br /> 83 <br /> 84 Whitney Watson: How are farms treated in regard to stormwater control? <br /> 85 <br /> 86 Chris Sandt: We get that question a lot. If they have bona fide farm status they are subject to the state's interpretation and yes <br /> 87 they can allow sediment to leave the site and they are not held to that higher standard that we would hold a residential or <br /> 88 commercial project,We are an agricultural state. However, if they put a residential property on the farm,that residential portion <br /> 89 of the farm is subject to the LIDO. <br /> 90 <br /> 91 Randy Marshall: So all these homes and farms that have long driveways are probably all grandfathered in because they <br /> 92 preexisted these ordinances and what you are really talking about is new development. <br /> 93 <br /> 94 Chris Sandt: Yes sir. <br /> 95 <br /> 96 Statler Gilfillen: We are seeing large developments being proposed,you are describing a process that is an insurance that a <br /> 97 developer will pay long-term and short-term to make sure the public interest is best protected. Do you have a sense in the <br /> 98 development process of that percentage that costs a developer? <br /> 99 <br /> 100 Chris Sandt: That's not something I can put a number on. These developments vary but yes it does induce a cost. We have <br /> 101 bigger buffers in this county than the state minimum. For stormwater and erosion control we can't ask to go above and beyond <br /> 102 state minimum. <br /> 103 <br /> 104 Cy Stober: I think the best that we can do to represent that is to say more about the amount of land that could be consumed by <br /> 105 a development for standard, residential subdivision without utilities, I think it would be fair to estimate that 40 to 50%of the land <br /> 106 is going to be dedicated to either stormwater management or septic treatment. I think that is conservative and fair. <br /> 107 <br /> 108 Chris Sandt: And buffers. <br /> 109 <br /> 110 Lamar Proctor: Is there anything in these LIDO text amendments that changes substantively the older, previous version of the <br /> 111 UDO that impacts the Comprehensive Land Use Plan. Something that is substantive and substantial? <br /> 112 <br />