Land Development Ordinance - Amended 6-3-2024

i. Projects may reduce export of nitrogen through any combination of engineered stormwater controls treating runoff on the site, in an approved offsite regional engineered stormwater control, or through the acquisition of permanent nutrient offset credits. The developer shall calculate the nitrogen reduction provided by these controls using the approved accounting tool. ii. Proposed development undertaken by a local government solely as a public road expansion or public sidewalk project, or proposed development subject to the jurisdiction of the Surface Transportation Board, may meet nitrogen reduction needs for the project entirely through the use of permanent nutrient offset credits pursuant to the Nutrient Offset Credit Trading Rule, 15A NCAC 02B .0703.

C. Use of Permanent Nutrient Offset Credits

i. Sufficient permanent nutrient offset credits to meet project nutrient reduction needs not provided by engineered stormwater controls serving the project shall be acquired prior to approval of the development plan. The Stormwater Administrator shall issue an approval letter for the development that documents the needed nitrogen credits and where the development is located relative to the Neuse River Basin Watershed Rules’ geographic requirements. All permanent nutrient offset credits permitted by this section shall meet the requirements of 15A NCAC 02B .0703. ii. Permanent nutrient offset credits shall be acquired pursuant to N.C. Gen. Stat. §143-214.26 and 15A NCAC 02B .0703 prior to the start of construction of the project.

iii. A developer subject to this ordinance may acquire permanent nutrient offset credits through one of the following methods:

1. Through a private nutrient bank;

2. Through offsite offset provided by the developer and approved by the Town of Fuquay-Varina;

3. Through payment into the Riparian Buffer Restoration Fund established in N.C. Gen. Stat. §143-214.21.

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