§ 3-308. Additional standards for special situations

(A)

Animal Waste.

(1)

It shall be unlawful for the owner or custodian of any animal to take it off the owner's own property limits without the means to properly remove and dispose of the animal's feces from any public property.

(2)

It is the responsibility of the animal's owner or custodian to clean up the animal's feces from any public property outside of the animal owner's own property limits. Such property includes, but is not limited to, parks, rights-of-way, paths, and public access areas.

(3)

"Means to properly remove and dispose of feces" shall consist of having on or near one's person a device such as a plastic bag, or other suitable plastic or paper container that can be used to clean up and contain animal waste until it can be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce these ordinances.

(4)

This provision shall not apply to handicapped persons assisted by trained guide or assistant dogs, or other animals trained to assist handicapped persons.

(5)

"Public nuisance" is defined to include "an animal which deposits feces on public property, and the person owning, possessing, harboring of having the care, charge, control or custody of the animal fails to remove the feces so deposited. Provided, however, this definition shall not apply to any animal assisting a handicapped person.

(B)

Nutrient Sensitive Waters. In addition to the standards for stormwater handling set out in the Design Manual, development and redevelopment that drains in whole or part to class NSW waters shall design and implement the best stormwater practices that reduce nutrient loading, while still meeting the other requirements of this ordinance.

(C)

Nutrient Application Management Program.

(1)

The purpose of this provision is to protect water quality by managing the application of nutrients, both inorganic fertilizer and organic nutrients, to lands in the region. This provision requires nutrient application in keeping with the most current state-recognized technical guidance on proper nutrient management in order to help protect water quality in the region.

(2)

This Program shall apply to the following persons within the corporate limits and extraterritorial jurisdiction of the City of Burlington as follows:

(a)

Persons who own or manage cropland areas for commercial purposes;

(b)

Persons who own or manage commercial ornamental and floriculture areas and greenhouse production areas;

(c)

Persons who own or manage golf courses, grassed public recreational lands, grassed road or utility rights-of-way, or other institutional lands totaling at least five acres in size;

(d)

Persons hired to apply nutrients to the lands described in Sub-Items (a) through (c) above or to residential, commercial, industrial or institutional properties, if the total area of the properties served exceeds 10 acres. This shall not apply to residential, commercial, or industrial landowners who apply nutrients to their own property.

(e)

Nutrient management consultants hired by persons listed in this Item to provide nutrient management advice for lands in the City's jurisdiction.

(3)

Persons to whom this Ordinance applies shall meet the following requirements:

(a)

Any person subject to this rule who applies nutrients to, or who is hired to provide nutrient management advice for, land within the City's jurisdiction shall either:

i.

Attend and complete nutrient management training pursuant to Item (D) of this Section; or

ii.

Complete and properly implement a nutrient management plan for all lands to which they apply or manage the application of nutrients, or for which they provide nutrient management advice, pursuant to Item (E) of this Section.

(b)

Persons who hire an applicator to apply nutrients to the land that they own or manage shall either:

i.

Ensure that the applicator they hire has attended and completed nutrient management training pursuant to Item (D) of this Section; or

ii.

Ensure that the applicator they hire has completed a nutrient management plan for the land that they own or manage pursuant to Item (E) of this Section; or

iii.

Complete a nutrient management plan for the land that they own or manage pursuant to Item (E) of this Section and ensure that the applicator they hire follows this plan.

(D)

Nutrient Management Training. Persons who choose to meet this requirement by completing nutrient management training shall meet the following requirements:

(1)

Persons who are subject to this Ordinance as of its effective date, and persons who become subject to this Ordinance after its effective date, shall complete training provided by either the Cooperative Extension Service or the North Carolina Department of Environment and Natural Resources - Division of Water Quality within five years and obtain a certificate from the training entity to that effect. Training shall be sufficient to provide participants with an understanding of the value and importance of proper management of nitrogen and phosphorus, and the water quality impacts of poor nutrient management, and the ability to understand and properly carry out a nutrient management plan.

(2)

Persons who become subject to this Ordinance after its effective date shall complete the training provided by either the Cooperative Extension Service or the North Carolina Department of Environment and Natural Resources - Division of Water Quality and obtain a certificate to that effect from the training entity within one year from the date that they become subject verifying completion of training that addresses the elements identified in Sub-Item (D)(1).

(3)

Persons who fail to obtain the nutrient management certificate within the required timeframes or who are found by the Stormwater Administrator to have knowingly failed to follow nutrient management requirements as referenced in Sub-Items (E)(1)(a) through (E)(1)(c) of this section shall develop and properly implement nutrient management plans pursuant to Item (E) of this Section.

(4)

Training certificates must be kept on-site, at the job site, or be produced within 24 hours of a request by the City of Burlington.

(E)

Nutrient Management Plans. Persons who choose to meet the nutrient application requirement by completing and implementing a nutrient management plan shall meet the following requirements:

(1)

Persons who are subject to this Ordinance as of its effective date and persons who become subject to this Ordinance after its effective date shall develop and implement a nutrient management plan that meets the following standards within five years of the effective date or within 6 months from the date that they become subject, whichever is later.

(a)

Nutrient management plans for cropland shall meet the standards and specifications adopted by the NC Soil and Water Conservation Commission, including those found in 15A NCAC 06E .0104 and 15A NCAC 06F .0104, which are incorporated herein by reference, including any subsequent amendments and additions to such rules that are in place at the time that plans are approved by a technical specialist as required under Sub-Item (E)(2) of this section.

(b)

Nutrient management plans for turfgrass shall follow the North Carolina Cooperative Extension Service guidelines in "Water Quality and Professional Lawn Care" (NCCES publication number WQMM-155), "Water Quality and Home Lawn Care" (NCCES publication number WQMM-151), or other equivalent or more stringent guidance distributed by land-grant universities for turfgrass management.

(c)

Nutrient management plans for nursery crops and greenhouse production shall follow the Southern Nurserymen's Association guidelines promulgated in "Best Management Practices Guide For Producing Container-Grown Plants" or guidelines distributed by land-grant universities. The materials related to nutrient management plans for turfgrass, nursery crops and greenhouse production are hereby incorporated by reference including any subsequent amendments and editions and are available for inspection at the Department of Environment and Natural Resources Library, 512 North Salisbury Street, Raleigh, North Carolina.

(2)

The person who writes the nutrient management plan shall have the plan approved in writing by a technical specialist. Appropriate technical specialists shall be as follows:

(a)

Nutrient management plans for cropland using either inorganic fertilizer or organic nutrients shall be approved by a technical specialist designated pursuant to the process and criteria specified in Rules adopted by the Soil and Water Conservation Commission for nutrient management planning, including 15A NCAC 06F .0105, excepting Sub-Item (a)(2) of that Rule.

(b)

Nutrient management plans for turfgrass and nursery crops and greenhouse production shall be approved by a technical specialist designated by the Soil and Water Conservation Commission pursuant to the process and criteria specified in 15A NCAC 06F .0105, excepting Sub-Item (a)(2) of that Rule. If the Soil and Water Conservation Commission does not designate such specialists, then the Environmental Management Commission shall do so using the same process and criteria.

(3)

Nutrient management plans and supporting documents must be kept on-site or be produced within 24 hours of a request by the City.