Regulations

Cornelius

Local governing bodies adopt and maintain regulations to promote public health and safety, minimize public and private losses due to flood conditions, and protect surface waters and the natural functions of floodplains. The State legislature authorizes local governments to adopt and enforce ordinances to address local needs and to meet federal and state requirements.

Floodplain Regulations

Town of Cornelius Floodplain Ordinance – Revised November 5, 2018

Floodplain Regulations Technical Guidance Document

Floodplain Development general information

Floodplain Development Forms

Individual Floodplain Development Permit Application

Substantial Improvement Check Sheet

Flood Fringe Development Check Sheet

Community Encroachment Area Development Check Sheet

Elevation Certificate Application Form (FEMA form 86-0-33)

Flood Insurance Floodproofing Certificate (FEMA form 86-0-34)

Owner Affidavit of Building Improvements

Affidavit of Nonsubstantial Improvements in Floodplain

Affidavit of Substantial Improvement/Community Exemption

Certificate of Development Outside the Community Encroachment Area

Step-by-Step instructions for Floodplain Development Permits

FEMA Letter of Map Change Request

Floodplain Ordinances Terms to Know

Post-Construction (PCSO)

Town of Cornelius Post Construction Stormwater Ordinance

Post-Construction Administrative Manual – County and Towns

Post-Construction Policy for Public Transportation Projects

Post-Construction Stormwater Management Permit Forms

Additional information about Post-Construction Stormwater Ordinances can be found underWatershed Protection.

Surface Water Improvement & Management (SWIM)

Cornelius Environmental Protection Section 9.5

Application for Water Quality Buffer Disturbance - Email to Rusty Rozzelle (Rusty.Rozzelle@mecklenburgcountync.gov)

Water Quality Buffer Implementation Guidelines

Protecting Water Quality in Lakes

Additional information about Stream and Lake Buffers can be found under Watershed Protection.

Stormwater Management

Stormwater Management Permit

This is intended to be a general summary of the application process. Variations may occur. For specific details, refer to the Post-Construction Administrative Manual.

Required for development and/or redevelopment activities.
Issued by Mecklenburg County Land Development in coordination with the jurisdiction.
Governs the design, installation, and construction of stormwater management and control practices on the site, including structural Best Management Practices (BMPs).
Without a permit, each day of a continuing violation constitutes a separate offense and an additional fine of up to $5,000 per day.

Steps for Permit and Plan Review

Concept Plan

Pre-submittal or Pre-resubmittal meetings required for Concept Plans. Please refer to Town & County Plan Intake Checklist for specifics.
A Land Development Application must be filled out electronically and uploaded into the Electronic Plan Management (EPM) system. Additionally, the following items should be included where applicable:

Plans and calculations (must be sealed by professional designer)
Address verification form signed by County GIS Department
Traffic Impact Study/Analysis (TIS/TIA)
Fee payment submitted with first submittal

Follow the Plan Review Checklist.
As part of the Concept Plan application, the applicant can request an optional consultation meeting with staff.
Applicants can request an exemption from buffer requirements on certain stream buffers shown on POLARIS. Use the Stream Reach Evaluation Form to request the exemption.
Mitigation options are not offered in the Town of Cornelius.

Stormwater Management Permit (SWMP)

Pre-submittal or Pre-resubmittal meetings required for Storm Water Management Permit. Please refer to Town & County Plan Intake Checklist for specifics.
A Land Development application must be filled out electronically and uploaded with the following into the Electronic Plan Management (EPM) system:

Plans and calculations (must be sealed by professional designer)
Financial Responsibility Form (must be notarized) for erosion control
Address Verification Form signed by County GIS Department
BMP Inset Table must be included on plan sheets for each BMP

Design Procedure Form for each BMP (if applicable)
BMP Maintenance Covenant and Plan* (if applicable) - *Submit documents into the Electronic Plan Management (EPM) system for review. Following approval, these documents must be recorded at the Mecklenburg County Register of Deeds Office and a copy of the recorded documents uploaded into the EPM system during the SWMP review and plat review stages.

BMP Maintenance Costs Form for each BMP (if applicable)
Fee payment submitted with first submittal

Staff will review the Permit Application and associated submittals within 21 calendar days. Submittals that do not comply will be returned with "redlines." According to Post Construction regulations, the applicant has 60 calendar days to resubmit their corrected plan submittal or otherwise face starting all over with additional fees.
As project plans are approved in the Electronic Plan Management (EPM) system, electronic stamps are placed on the plans and the applicant receives an email with an approval letter from Mecklenburg County
stating the next steps to take and, if applicable, an NPDES Packet (if grading > 1 acre). Electronically approved stamped plans are then available for downloading and printing.

Permit Issuance/Pre-Construction Conference

The Stormwater Management Permit will be issued following approval of plans and applications.
Once the applicant has received the Permit, it is valid for three years or until construction is completed.
After the Permit has been issued, staff will initiate and conduct a pre-construction conference.

Construction, Inspections and Plats

Staff will conduct on-site inspections during development and/or construction.
Written notice will be issued for site deficiencies.
Submit final plats and associated easements into the Electronic Management Plan (EPM) system for review and approval.
Following approval, the plats and easements must be recorded at the Mecklenburg County Register of Deeds Office and an electronic copy of the recorded plat emailed to the County Plat Reviewer to upload into the Electronic Management Plan (EPM) system.

Follow the Final Plat Checklist.

Stormwater Bonds and Certificates of Occupancy

A BMP Installation Bond (Performance Bond) must be submitted if a Certificate of Occupancy is needed prior to the completion of the Stormwater Management structure(s).
A two-year BMP Maintenance Bond must be submitted prior to the final approval and release of the project.

Final Inspection and Approval of BMPs

After construction of required BMPs, an as-built survey must be prepared in accordance with the As-Built Checklist.
An engineering certification must be prepared by the applicant's design engineer declaring that the BMPs are in compliance with previously-approved plans.
Follow the Compliance Checklist.
Submit completed as-builts through EPM (Electronic Plan Management system).
Staff will review the documents and perform an inspection of the project site for compliance with all Post-Construction Ordinance (PCO) requirements including BMP installation.

Once compliance is confirmed, the BMP installation bond will be released and an As-Built Approval email will be sent to the design engineer.

Long-Term BMP Maintenance

All BMPs must be inspected annually by a registered professional engineer or landscape architect within one year of receipt of as-built approval.
Submit the completed BMP Maintenance and Inspection Checklist for each BMP within two weeks following completion of the inspection and any associated maintenance activities.
Please note a transfer of BMP maintenance is not allowed in the Town of Cornelius.
Submit the BMP Maintenance and Inspection Checklist to:
Mecklenburg County
Land Use & Environment Services Agency
Permitting and Compliance Program
2145 Suttle Ave.
Charlotte, NC 28208
Attn: Heather Davis

Appeals and Variances

An appeal may be initiated by any aggrieved person affected by any decision, order, requirement or determination relating to the interpretation or application of the Post-Construction Stormwater Ordinance (PCO), including penalty assessment.
A Request for Appeal form must be submitted to Mecklenburg County.
A variance from the Ordinance requirements may be requested by submitting a Petition for Variance to Mecklenburg County.
Submit forms and documents to:
Mecklenburg County
Land Use & Environment Services Agency
Water Quality Program
2145 Suttle Ave.
Charlotte, NC 28208
Attn: Stormwater Administrator

Stormwater Pollution Control

Mecklenburg County Surface Water Pollution Control Ordinance (applies in all unincorporated areas of Mecklenburg County as well as within the corporate limits of Cornelius, Huntersville, Mint Hill and Pineville).

Water Supply Watersheds

Some streams within Mecklenburg County flow directly into lakes that supply drinking water. By state law, Water Supply Watersheds are under additional zoning and development regulations.

Town of Cornelius Land Development Code Chapter 11 Watershed Protection Administration

Understanding Built-Upon Area Restrictions in Water Supply Watersheds

Chart of Water Supply Watershed Buffer Requirements and Built Upon Area Restrictions

Critical Areas of Water Supply Watersheds and in the Goose Creek Watershed require additional erosion control measures to further protect the quality of drinking water or protect an endangered species.

There are restrictions on tree removal, grading, clearing, and placement of permanent structures of any type including septic tanks in buffer zones within Water Supply Watersheds. For specific information, contact Water Quality Supervisor David Caldwell (David.Caldwell@mecklenburgcountync.gov) at 980-314-3218.