Intro

7.3.2 Nutrient Reduction Requirements

(A) Nitrogen Control Plan Required

For purposes of this section, nitrogen control plans shall be required for the following:

(1) Any activity that disturbs greater than one acre of land in order to establish, expand, or modify a single-family or duplex residential development or a recreational facility.

(2) Any activity that disturbs greater than 12,000 square feet of land in order to establish, expand or modify a multifamily residential development or a commercial, industrial or institutional facility.

(3) Any grubbing, stump removal, and/or grading activity that disturbs greater than 12,000 square feet

(4) Demolition and subsequent construction upon a previously developed site.

(B) Exemptions

(1) For purposes of this section, development or land disturbance shall not include agriculture, mining, or forestry activities.

(2) Existing development as of March 1, 2001, is not subject to the requirements of this Section. Expansions to existing development must meet the requirements of this Section. The impervious surface area of the existing development is not required to be included in the nitrogen load attributed to the site expansion; nitrogen calculations must follow Town procedures for allocating undeveloped land to the site.

(3) Redevelopment and/or rebuilding activity which results in no net increase in the built-upon area from that that previously existed and which provides equal or greater stormwater control than that provided by previous development.

The nitrogen export from each development must be calculated per Town procedures and approved by the Stormwater Manager or his or her designee. This export will be calculated in pounds per acre per year (lb/ac/yr). For calculating nitrogen export, refer to Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs (Schueler’s Simple Method), or to the Neuse River Basin: Model Stormwater Program for Nitrogen Control Manual (Methods 1 & 2), or for calculating nitrogen export loading:

(1) Method 1 is intended for residential developments where lots are shown but the actual footprint of the buildings is not shown on the plans.

(2) Method 2 is for residential, commercial, and industrial developments when the entire footprint of the buildings, parking lots, road, and any other built-upon area is shown.

(3) The Scheuler Simple Method may be used for new development on a case-by-case basis as approved by the Town.

(D) Nitrogen Export Standards

All developments must achieve a nitrogen export of less than or equal to 3.6 pounds per acre per year. If the development contributes greater than 3.6 pounds per acre per year of nitrogen, then the table below explains the options available depending whether the development is residential or non-residential. The offset payment option shown below is only available for developments within the Neuse River basin.

TABLE 7.3-1: NITROGEN EXPORT REDUCTION OPTIONS
	Commercial/Industrial
Residential	Commercial/Industrial
If the computed export is less than 6.0 lbs/ac/yr then the owner may either: · Install BMPs to remove enough nitrogen to bring the development down to 3.6 lbs/ac/yr. · Pay a one-time offset payment to the UTB Restoration Fund to bring the nitrogen down to the 3.6 lbs/ac./yr. · Do a combination of BMPs and offset payment to achieve a 3.6 lbs/ac/yr export.	If the computed export is less than 10.0 lbs/ac/yr, then the owner may either: · Install BMPs to remove enough nitrogen to bring the development down to 3.6 lbs/ac/yr. · Pay a one-time offset payment to the UTB Restoration Fund to bring the nitrogen down to the 3.6 lbs/ac/yr. · Do a combination of BMPs and offset payment to achieve a 3.6 lbs/ac/yr export.
If the computed export is greater than 6.0 lbs/ac/yr, the owner must use on-site BMPs to bring the development's export down to 6.0 lbs/ac/yr. Then, the owner may use one of the three options above to achieve the reduction between 6.0 and 3.6 lbs/ac/yr.	If the computed export is greater than 10.0 lbs/ac/yr, the owner must use on-site BMPs to bring the development's export down to 10.0 lbs/ac/yr. Then, the owner may use one of the three options above to achieve the reduction between 10 and 3.6 lbs/ac/yr.

Once it has been determined that an offset payment is forthcoming, the owner shall furnish the Town with evidence that the North Carolina Division of Water Quality has received payment prior to the Town's issuance of a grading permit.

For developments outside of the Neuse River Basin, the owner must provide evidence of intent to reduce nitrogen export to the levels required by this section to the maximum extent practicable.

Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008

Note: This is not the official version of the Cary Land Development Ordinance