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1997-04-28 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 950 ASSEMBLY The New Hanover County Board of Commissioners held a Public Forum on Monday, April 28, 1997, at 7:00 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Buzz Birzenieks; Ted Davis, Jr.; Charles R. Howell; Vice-Chairman William A. Caster; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and announced the purpose of the Public Forum was to receive comments from the public on proposed drainage regulations. He reported the Assistant County Manager, Dave Weaver, would present a brief overview of the regulations. Assistant County Manager Weaver reported the Planning Board presented drainage regulations to the Board of County Commissioners on January 6, 1997. Due to the complexity of drainage and related items, the Board felt more time was needed to discuss and review the proposed regulations before rendering a decision. At the Board Retreat held on January 17-18, 1997, a Work Session was held on drainage. At that time, the Homebuilders Association formed a Drainage Committee and invited the County Staff to participate and formulate draft regulations. On April 17, 1997, the Board of County Commissioners scheduled a Work Session and discussed the proposed regulations. After discussion of the need to receive public input on the drainage regulations, a Public Forum was scheduled for April 28, 1997. Assistant County Manager Weaver presented the following drainage regulations: (1) The maximum rate of discharge for any storm up to a 2 or 10-year storm after development shall not exceed the maximum rate of discharge for a 2 or 10-year storm for the site before development. This requirement will not apply to subdivisions where all lots are greater than 20,000 square feet. Discharge Rate Cubic feet/second 2-year storm 10-year storm 50% chance per year 10% chance per year 2-year storm 10-year storm 4.75 inches in 24 hours 7 inches in 24 hours. (2) All residential development must detain stormwater runoff from impervious surfaces for a draw-down period of two to five days at the following rates: o to 1.9/units/acres No detention required (R-20, R-20 Performance Residential) Subdivisions where all lots No detention required are greater than 15,000 square feet R-15 Performance Residential (2. 5 units/acre) 1" detention required Greater than 2.5 units/acre (High Density; R-l 0) 1.5" detention required NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 951 (3) Discharge of runoff from impervious surfaces directly into natural water bodies shall be avoided where practical. Runoff should be routed through vegetative swales, detention areas or other filter media for purposes of increasing percolation, settling and filtering of non-point pollutants, and decreasing discharge velocity. ( 4) The use of wetlands, natural depressions, and areas of soils that drain well is strongly encouraged in the development of drainage plans. (5) COD regulations will remain in effect. Assistant County Manager Weaver reported the Drainage Committee requested the Board to consider the following items: (1) The Board of County Commissioners should initiate a Maintenance Drainage Program for FY 1997-98. (2) The Board should adopt the following regulations: (a) All lot owners shall be responsible for maintenance of swales, ditches, and other drainage ways included as part of an approved subdivision. (b ) No one shall be allowed to fill, pipe, place materials (rubble, leaves, etc.) in, or otherwise alter swales, ditches, or other drainage ways without prior approval of the County. (C) The County has the right to perform drainage work and to charge property owners for the work, if the above violations occur. Assistant County Manager Weaver advised that compliance to the proposed standards for an R-15 Residential subdivision of26 acres would cost approximately $2,000 per lot. Chairman Greer opened the floor to receive public comments, and he requested each speaker to limit their remarks to three minutes. Ms. Tracy Skrabal, a resident of 7225 Wrightsville Avenue and Senior Staff Scientist for N. C. Coastal Federation, reported that much of New Hanover County was low, flat and wet. Dense development without proper planning and wetlands protection creates severe drainage problems. County and State documents clearly show that drainage problems have been plaguing New Hanover County since 1964 with little being done to prevent or correct the problems. The extent offlooding that occurred last summer highlighted how serious drainage problems have become in New Hanover County. The flooding illustrated that without effective planning, runoff problems will grow progressively worse and more extreme over time. Flooding reduces the value of downstream properties, creates public health hazards, and results in significant degradation of water quality and water uses in the County's tidal creeks and sounds. Once flooding problems exist, they are very difficult to mitigate and expensive to resolve. The best solution is to promote land use patterns that prevent flooding problems from being created in the first place. The proposed drainage standards could provide the opportunity to address drainage and water quality problems in New Hanover County. Unfortunately, the proposed interim regulations are entirely inadequate. If the regulations are adopted, the N. C. Coastal Federation believes they will compound flooding and water quality problems in New Hanover County. Ms. Skrabal presented the following recommendations: (1) 52-3(1): The standards established by this rule should cover rate and volume of discharge for the 10-year, 24-hour storm. The proposed exemption for subdivisions with lots that are NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 952 20,000 square feet or larger should not be granted. If poorly sited and designed, these subdivisions will cause significant flooding and water quality problems. Instead of using a minimum lot size, the exemption should apply to developments with less than 12 percent impervious surface cover (including streets, parking lots, and the footprint of houses). Calculations of impervious surfaces should not include tidal or freshwater wetlands. (2) 52-3(2): Stormwater should be infiltrated not simply detained, particularly where property is in close proximity to tidal waters. Scientific studies document that retaining the "first flush" of stormwater is not effective in removing fecal coliform. In fact, studies show that fecal coliform levels increase in stormwater when the first flush of runoff is retained. In addition, this method of stormwater management does not help to reduce flooding during large storm events. (3) 52-3(3): Direct discharge to surface waters should be prohibited. Under natural conditions, the vegetated highly porous soils and flat topography found along the North Carolina coast lead to much less runoff than natural inland systems. Conversely, significant runoff or direct discharge from development creates a much more dramatic and negative impact on the coastal ecology. In addition, any discharge of stormwater runoff into SA shellfishing waters is illegal under State law. The County should require the use of vegetated buffers. ( 4) 5 2-4( 4): To control the rate and volume of stormwater runoff, it will be essential to incorporate wetlands, natural depressions, and areas of well drained soils into a runoff control plan. This should be required by the County. In addition to these changes, the ordinance should include the following requirements: (1) Drainage plans submitted to comply with this ordinance should be required to utilize natural drainage channels to convey stormwater across property boundaries. Runoff should not be conveyed onto adjacent properties through constructed drainage ways. (2) Standards should be developed to protect trees and other vegetative cover so that land is not clear-cut. Mature vegetative cover can remove more than 30% of rainfall, thereby lowering water tables and reducing stormwater runoff. There is ample evidence to support that a direct relationship exists between loss of vegetative cover and an increased stormwater and water quality problem. Maintenance of vegetation is critical to preventing flooding problems. (3) Redevelopment of properties that are contributing to flooding and water quality problems should be encouraged. Redeveloped property should reduce impervious surfaces and restore wetlands and vegetated buffers. ( 4) Enforceable operation and maintenance plans are essential to ensure that drainage systems remain operable, and these plans should be required by the County as part of the development approval process. Ms. Skrabal advised the proposed ditch maintenance rules ignore the fact that non-vegetative ditches and access channels provide a direct path for pollution into the waterways by not allowing important benefits of wetlands and groundwater flow, which absorb the pollutants, remove the pollutants, and slow the water to allow for evaporation. In closing, Ms. Skrabal stated the N. C. Coastal Federation and other groups would like to meet with County Staff about the proposed drainage regulations to allow the technical and scientific community to provide input into the drainage regulations. Chairman Greer asked Ms. Skrabal if she felt that vegetative growth should remain in the ditches? NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 953 Ms. Skrabal responded that removal of debris is part of the remedy; however, if emphasis is placed only on the removal of debris, clear cutting of ditches to the bare soils occurs and provides a clear path for pollutants to run into the waterways. Chairman Greer asked Ms. Skrabal if she felt the Board should wait until the Pages Creek Watershed Study was completed before adopting any type of drainage regulations? Ms. Skrabal advised that interim standards should be adopted because the study will take time. She requested the Board to defer a decision on the proposed regulations until some members of the technical and scientific community have been provided an opportunity to propose some amendments to the regulations. Mr. Mark Ashness, representing McKim & Creed, advised the basic differences in State drainage regulations and the proposed drainage regulations are as follows: (1) State regulations do not require the I-inch detention for R-15 Residential zoning because the zoning falls within the threshold of the low density option in the State regulation, which is 30% of the impervious surface runoff. Under the proposed drainage regulations, I-inch of detention will be required for R-15 Residential development. (2) For high density development, the State regulations require I-inch of detention. High Density development would require a 1.5 inch detention under the proposed regulations. In closing, Mr. Ashness stated currently there are no detention requirements for R-15 Residential subdivisions; however, under the proposed drainage regulations, residential development would be placed under the detention requirement. Mr. Don Jones, a resident of1917 Gordon Acres Drive, reported that drainage was a county- wide concern and stated because of the impervious surfaces already in place on flat land, there was no place for the water to drain. Discussion has occurred on drainage ditches; however, the water has no place to move so ditches will not solve the problem. He stated a piece-meal approach to implementing a drainage plan would be costly, and he reminded the Board about the piece-meal approach to a county-wide Sewer System, which far exceeded its original cost and has not been extended to all residents living in the unincorporated county. The Board was urged not to act too hastily and study other alternatives, such as vegetative approaches to soak up and release the water, before adopting drainage regulations. Ms. Chris Reiser, a resident of 4013 Glen Arbor Drive, expressed concern for water from the hurricanes filled with contaminants running directly into the sound. She also expressed concern for allowing construction on sites where the soil will not adequately absorb the water. She stated the water quality could be improved by extending the public sewer to the thousands of people who use septic tanks. The Board was requested to provide regulations that will prevent construction of houses on poor soils. Mr. Arthur DeB our, a resident of 533 Hidden Valley Road, stated when builders remove all trees from a site with small saplings replanted, this does not control drainage on a tract of land. Huge drainage ditches are placed in subdivisions that do not work, and these ditches have become a safety hazard to small children. He requested the Board to take time to adequately address and implement a county-wide drainage plan. Ms. Laura Overstreet, a resident of 237 Cherokee Trail and President of the Tanglewood Homeowners Association, reported the most frequently asked question was, who will be responsible for maintaining ditches? She advised there are many residents who are not physically able to NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 954 maintain large ditches behind or beside their homes. She requested the Board to find another alternative for the maintenance of ditches, such as using road squads. Chairman Greer explained the County was not responsible for maintaining ditches without a drainage plan; however, ifthe County should become involved with cleaning out ditches, there would be a charge per household. Mr. Curtis Wright, a resident of 6606 Providence Drive, President of the Providence Homeowners Association, and representing the Council of Neighborhoods, expressed appreciation to the Assistant County Manager, Dave Weaver, for attending a meeting of the Council and informing concerned citizens about the work that has been done in development of the interim drainage regulations. He also expressed appreciation to the Homebuilders Association for the effort given to develop the proposed drainage regulations. He apologized for not involving the neighborhood groups in the development of the drainage regulations prepared by the Homebuilders Drainage Committee. He advised the Council of Neighborhoods would like to meet with County Staff and other experts to discuss the proposed interim drainage regulations so suggestions can be made before the Public Hearing is held on May 5, 1997. Mr. Wright reported that drainage regulations must address water quality, wetlands, and drainage. Concern was expressed for not implementing standards that will address the 25-year storm and not applying the regulations to every subdivision. Also, the public must understand the proposed interim drainage regulations will not resolve the drainage and flooding problems; however, the regulations will be a step forward until a comprehensive drainage plan can be developed and implemented in New Hanover County. Mr. Wright also expressed concern for language in the ordinance referencing "should be" instead of "shall be" and the term, "where practical", which is a financial term. He urged the Board to reword these parts of the ordinance. In closing, Mr. Wright advised the good land in New Hanover County had already been developed, consequently, development was occurring on poor land with poor soils. In order to prevent flooding downstream from new subdivisions, the County Staff should meet with the homeowners, scientists, representatives from the N. C. Coastal Federation and other experts to have a factual discussion about the proposed regulations. Commissioner Birzenieks asked Mr. Wright ifhe could arrange a meeting with these groups and County Staff before the Public Hearing to be held on May 5, 1997? Mr. Wright responded that a meeting could be arranged before May 5, 1997. Mr. Mark Ashness, a resident of 5421 Dunmore Road, commented on remarks about loopholes and words, such as should and shall, and stated he participated with the Homebuilders Association in preparing the regulations. He advised the reason for using these words was because water quality and drainage had to be addressed. Frequently, the two issues diverge from each other. For example, people dealing with water quality feel it is better to hold the water back at each inlet point, allow it to infiltrate in the yard, and transpire into the atmosphere. However, many people living in neighborhoods do not want seven or eight inches of water standing in their yards to allow the infiltration process to occur. Also, there are appropriate and inappropriate locations for ponds. Sometimes there are opportunities to remove the water directly from the site. In other instances a direct discharge is not suitable. The key factor is whether the property is located in the upper or lower end of the watershed which requires application of different drainage controls. Mr. Ashness reported words, such as should and shall, were used in the regulations to provide flexibility to the County Staff so consultants can provide the right solution. If these types of words are removed, ten pages of technical data will have to be provided to address the different drainage requirements for each site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 955 In closing, Mr. Ashness reported the exception for the larger lots was to encourage large lot development. A one acre lot will have a larger grassed area or a larger area left in a natural vegetated state which provides more infiltration. Ms. Sherry Howell, President ofthe Homebuilders Association, commented on the questions and criticism regarding why the Homebuilders Association became involved in preparing the drainage regulations. She advised the Homebuilders Association was a group of professionals throughout the community who build and design drainage systems; therefore, it was felt this group of individuals had the expertise to recommend interim drainage regulations. The Homeowners Association is a group of hard working individuals who work and reside in New Hanover County representing over 900 firms with more than 23,000 people who are directly impacted by the same issues affecting other county residents. Contrary to public belief, the Association is concerned about these issues and is actively working on solutions to promote responsible growth. However, the Association feels that solutions should be found that will not prevent families from owning a home because the price is too costly with added regulations. When the County Staff drafted an interim drainage plan, the Homebuilders Association formed a committee of engineers, land planners, developers, and builders to study the proposal and the issue at-large. The group had the expertise to make an analysis and offer possible solutions. The Committee was concerned about writing more regulations when there was no specific design manual adopted by New Hanover County. This was the reason for using shall and should throughout the proposed regulations. There was concern about adding another layer of regulations when current State regulations are in existence, and there was concern about the lack of maintenance on existing areas. The question arose as to whether there was a drainage or flooding problem. Assistant County Manager, Dave Weaver, was invited to attend the Homebuilders Drainage Committee meetings to hear the County's perspective and explanation oftheir proposal. Mr. Weaver brought two County Engineers and several Work Session were held to discuss the proposed drainage regulations. In closing, Ms. Howell expressed appreciation to the Board for allowing the Homebuilders Association to participate in preparing the regulations. Mr. Chris Stephens, a resident of 1181 Arboretum Drive and a member of the Homebuilders Drainage Committee, reported on being encouraged that community groups and citizens were interested in better understanding the proposed regulations. He stated the Homebuilders Association would appreciate a commitment by the Board of County Commissioners to ensure that any decisions made on drainage regulations are based on an understanding of drainage design regulations and existing drainage problems. Quite frequently, logical solutions do not work. Drainage is complex with two components, water quality and flooding. The Homebuilders Association is not sure which component deserves the most control. He stated the Drainage Committee would enjoy working with interested groups to further discuss the proposed regulations. Mr. Al Barone, a resident of 5908 Downrigger Drive, reported on the problems experienced in the Crosswinds Subdivision. He requested the Board to strengthen the regulations and impose these standards on all subdivisions. He, also, requested the Board to allow other interested groups to meet and review the proposed drainage regulations before taking action. Ms. Monica Woods, a resident of21 0 Caladan Road, reported flooding had been experienced in this subdivision since 1983 with canoes going down streets after heavy rainfalls. She urged the Board to move forward with adopting a county-wide drainage plan to address the many existing problems. Mr. Terry Turner, a local developer, advised the interim standards are only the tip of the iceberg. He stated there was no way to treat the on-site water without downstream ability. This NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC FORUM ON DRAINAGE REGULATIONS APRIL 28,1997 BOOK 25 PAGE 956 means that all pre-existing ditches must be cleaned out and maintained. The Board was urged to initiate a drainage maintenance plan. ADJOURNMENT Chairman Greer reported the Commissioners were aware of the need to address drainage in New Hanover County. He expressed appreciation to the public for their remarks and interest shown in developing a drainage plan that will resolve existing and future problems. Chairman Greer adjourned the meeting at 8: IS P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board