Agenda - 09-16-2008 - 6c - Laserfiche WebLink

Browse Search

s5 CONDITION THIltTEEN -GENERAL PERFORMANCE STANDARDS -ENVIRONMENTAL STANDARDS (Formerly listed under Section 2-3-3 of Staff recommended conditions -June 3, 2008 BOCC abstract -Attachment 3A) 13. In addition to any and all applicable local or State requirements, the following specific standards shall govern environmental and water quality issues for this project: a. BVPD shall not propose to develop buildings, hardscape, roads or parking areas on portions of sites that meet any one of the following criteria: i. Previously undeveloped land whose elevation is lower than 5 feet above the elevation of the 100- year flood as defined by FEMA (Federal Emergency Management Agency), ii. Land that is specifically identified as habitat for any species on Federal or. State threatened or endangered lists, iii. Within 100 feet of any contiguous wetlands, as defined by United States Code of Federal Regulations 40 CFR, Parts 230-233 and Part 22, and isolated wetlands or areas of special concern identified by state or local rule, OR within setback distances from wetlands prescribed in state or local regulations unless otherwise mitigated in accordance with US Army Corps guidelines/standards, and iv. Previously undeveloped land that is within fifty (50) feet of a water body, defined as seas, lakes, rivers, streams and tributaries which support or could support fish, recreation or industrial use, consistent with the terminology of the Clean Water Act. b. The developer is restricted from using potable, municipal water, for irrigation purposes. As a result, the developer shall utilize: i. Captured rainwater, or ii. Water treated and conveyed by a public agency specifically for non-potable uses for irrigation of landscaped area within the development, or iii. The use of individual wells for irrigation, permitted in accordance with all applicable .local and State regulations, shall only be used only in cases where the North Carolina Department of the Environment and Natural Resources (NC DENR) certifies that the proposed well will not exacerbate previously identified soil/water contamination, will not cause contaminated water to flow off the site, and will not create a situation where pollutants are allowed to flow off-site as runoff. (** Note: The Planning Board revised staff s original recommendation to read as shown. The rationale behind the amendment was fo allow for individual wells only when the developer could demonstrate that the well would not case for further surface or groundwater contamination) c. As outlined within the Landscaping and Buffer standards, the developer shall only install landscaping that does not require permanent irrigation systems and are considered to be drought tolerant, regionally native, vegetation in accordance with County regulations, d. Through lease agreements, covenants, and other similar deed restrictions the developer shall require that all tenants install and utilize `ultra' low flow water fixtures (i.e. toilets, sinks, shower heads, etc.) as part of the development. (** Note: The Planning Board revised staffs original recommendation to include the work `ultra' within the sentence. The rationale behind the amendment was to make reference to a specific type of frxture)