Stormwater Management Ordinace Draft-1998

DRAFT STORMWATER ORDINANCE
MAY 26, 1998
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Division of Coastal Management
CRAVEN COUNTY
STORMWATER MANAGEMENT ORDINANCE
The preparation of this document was financed in part through a grant provided by the North
Carolina Coastal Management Program, through funds provided by the Coastal Zone
Management Act of 1972, as amended, which is administered by the Office of Ocean and
Coastal Resource Management, National Oceanic and Atmospheric Administration.
PROPERTY OF
DIVISION OF COASTAL MANAGEMENT
PLEASE DO NOT REMOVE

DRAFT STORMWATER ORDINANCE
MAY 26, 1998
IARTICLE - STORMWATER MANAGEMENT ORDINANCE
ISECTION 1. AUTHORITY
Under the North Carolina General Statutes 153A - 345 Craven County has the responsibility
' and authority to regulate land use and development within its jurisdiction and to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry.
' SECTION 2. INTENT
The intent of this Ordinance is to supplement the existing State and Federal regulations to
' control and minimize quantitative and qualitative impacts of stormwater runoff from
development within the County. Prudent site planning should include special consideration for
preserving natural drainage ways conveying stormwater runoff to streams and rivers by use of
effective drainage systems, natural drainage ways, and stormwater management facilities.
SECTION 3. APPLICABILITY
The provisions of this Ordinance shall apply to all areas within the planning jurisdictional limits
of Craven County. This Ordinance shall be permanently kept on file in the office of the Craven
' County Planning Department.
SECTION 4. EXCEPTIONS TO APPLICABILITY
This Stormwater Management Ordinance shall not apply to those activities identified in the
specific sections of this Ordinance or as identified below:
' 1. Existing development may be continued and maintained. Expansion to existing
development must meet the provisions of this Ordinance.
' 2. Activities on a bona fide farm unless the activity is for non -farm purpose.
3. Activities associated with gardening as defined in Section 5.
' 4. Activities on forest land for the production and harvesting of timber and timber
products.
' SECTION 5. DEFINITIONS
' For the purpose of this Ordinance, the following terms, phrases and words, and their
derivatives, shall have the meaning given herein:
1. Applicant - An owner, developer, or builder of a site who executes the Stormwater
Permit Application pursuant to this Ordinance.
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i2. Bona Fide Farm - Tract or tracts of land used for the production of plants and animals
useful to man.
' 3. Design Manual - The manual adopted by Craven County which more clearly defines the
requirements, acceptable methodologies, performance, and review criteria necessary to
satisfy the requirements of this Ordinance.
4. Development - should generally mean any of the following actions taken by a public or
private individual or entity:
' the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites,
tracts, parcels or other divisions by plat or deed, or
• any land change, including, without limitation, clearing, tree removal, grubbing,
stripping, dredging, grading, excavating, transporting and filling of land.
5. Drainage System - Shall include natural drainage way, swales, channels, storm sewers,
curb inlets, yard inlets, culverts and other measures intended to convey stormwater.
6. Existing Development - Shall apply to development activities that have already been
built, are under construction, or have applied for.a Sediment and Erosion Control Plan
Approval and a Stormwater Management Permit from the State of North Carolina at the
time of the adoption of this Ordinance. For those development activities that do not
require the State approval and permit, development activities that have received a
Craven County Building Permit at the time of the adoption of this Ordinance shall be
considered existing.
7. Gardens - A garden shall be defined as a piece of land utilized to grow vegetative
and/or woody plants for private consumption or use.
8. Land Disturbinq Activities - The use of land by any person that results in a change in
the natural cover or topography that may contribute to or alter the quantity and or
quality of stormwater runoff.
9. Natural Drainage Way - Shall mean an incised channel with a defined channel bed and
banks that are part of the natural topography. Construction channels such as drainage
ditches shall not be considered a natural drainage way unless the constructed channel
was a natural drainage way that has been relocated, widened, or otherwise improved.
10. Riparian Buffer - An area of trees, shrubs, or other vegetation, that is adjacent to a
natural drainage way. Riparian buffers reduce the impact of upland sources by
converting nutrients and trapping sediments and other chemicals to maintain the
integrity of the natural drainage way.
11. Stormwater Administrator - The person designated by the County Manager of Craven
County to have authority to review and approve Stormwater Permits and stormwater
management plans. The Stormwater Administrator shall also be responsible for
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inspecting development and making sure the provisions of this ordinance are being
followed.
12. Stormwater Management Facilities - Shall include devices designed specifically to
detain or retain Stormwater for water quantity and/or water quality control. These
devices shall not include those drainage structures that provide incidental water
quantity or water quality control such as grassed swales. These devices include but
are not limited to wet ponds, dry ponds, bioretention areas, filter strips, infiltration
trenches.
13. Water Dependent Structures - Those structures which require the access or proximity
to, or sitting within surface waters to fulfill its basic purpose, such as boat ramps; boat
houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat
supplies, parking lots, and commercial boat storage areas are not considered water -
dependent structures.
ISECTION 6. INTERPRETATION
1. In interpreting and applying this Ordinance, the requirements are intended to be
minimum requirements which are imposed and are to be conformed to, and are in
addition to, and not in lieu of, all other legal requirements.
2. This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any
manner whatsoever any ordinance, rules, regulations, permits, or, easements,
' covenants, or other agreements between parties, provided, however, that where this
Ordinance imposes greater restrictions and controls with respect to stormwater
management, the provisions of this Ordinance shall prevail.
SECTION 7. PERMITS
1. The following land disturbing activities shall be required to obtain a Stormwater Permit
pursuant to the provisions of this Ordinance prior to performing any land disturbing
activities:
1.1. Residential Home Construction.
1.2. Activities associated with residential, commercial, industrial, and institutional
land uses that disturb more than 10,000 square feet of land.
2. The Stormwater Permit Application shall be made by, or on behalf of, the owner(s),
developer(s), or builder(s) of the site for which the permit is sought. The application
shall be filed with the County on a form supplied by the County and shall be
accompanied with the information identified in the Design Manual.
3. A Stormwater Permit shall not be issued until the following conditions are met:
3.1. Approval by the Stormwater Administrator of the supporting information.
3.2. Submission and approval of any required easements.
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3.3. Submission and approval of any required inspection and maintenance
agreements.
' 3.4. Payment of all fees.
4. If the land disturbing activity requires an approved Sediment and Erosion Control Plan
and/or a NCDENR Stormwater Management Permit, the Stormwater Permit will be
' conditional upon the owner receiving such approval and/or permit.
5. The Stormwater Permit shall be valid for the life of the land disturbing activity unless
' significant changes in the approved plan occur. Significant changes shall be
determined by the Stormwater Administrator. If significant changes are made, the
original Stormwater Permit shall not be valid and a new permit shall be required. If the
' land disturbing activity does not begin within one (1) year from the date of issuance of
the Stormwater Permit, a new permit shall be required.
' SECTION 8. FEES
1. A list of fees associated with this Ordinance are available at the Craven County
Planning Department.
SECTION 9. STORMWATER PERMIT REQUIREMENTS
' 1. Stormwater shall be conveyed through development in an adequately designed
drainage system of natural drainage ways, grass swales, storm sewers,
culverts, inlets, and channels. Drainage systems shall be designed,
constructed, and maintained so as to provide natural infiltration, control velocity,
and control flooding of stormwater runoff.
2. Site Plans
2.1. A site plan shall be provided with the stormwater permit for the following
activities:
2.1.1. All single family detached residential homes.
2.1.2. Multi -family residential homes that disturb less than 10,000
square feet and are not part of a larger development.
2.1.3. Commercial, industrial, and institutional development that disturb
greater than 10,000 square feet and less than 20,000 square
feet.
2.2. The site plan shall demonstrate that adequate measures will be taken to
reduce the amount of stormwater pollutants from leaving the site and/or
entering the drainage system while the area is disturbed. Minimum
measures are identified in the Design Manual and shall include, but not
be limited to:
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' 2.2.1. Undisturbed Buffers between the disturbed areas and the site
boundaries and/or the drainage system.
2.2.2. Temporary structural measures such as silt fences, check dams,
' or sediment traps that will allow pollutants to settle out and
remain within the site boundaries.
' 2.3. The site plan shall demonstrate that adequate measures will be taken to
provide adequate drainage of stormwater from the site to an adequate
drainage system and prevent structures from being flooded. Minimum
' measures are identified in the Design Manual and shall include, but not
be limited to:
' 2.3.1. Grading low areas to drain.
2.3.2. Installing driveway pipes to conform to the designed roadside
ditch grades.
' 2.3.3. Providing necessary drainage easements.
2.3.4. Providing necessary flood elevations.
' 3. Stormwater Management Plans
3.1. A stormwater management plan shall be provided with the Stormwater
' Permit for the following activities.
3.1.1. Activities associated with residential, commercial, industrial, and
' institutional developments that disturb more than 20,000 square
feet.
3.2. The stormwater management plan must demonstrate through accepted
engineering practices described in the Design Manual that stormwater
runoff is adequately conveyed through the development in a drainage
system designed to meet the criteria described in the Design Manual.
3.3. The stormwater management plan must demonstrate through accepted
engineering practices described in the Design Manual that the impacts of
' the proposed development meet the intent of this Ordinance. Impacts of
the proposed development may include.
3.3.1. Effects on existing upstream and/or downstream drainage
systems, stormwater management facilities, property, and
structures.
' 3.3.2. Ability of the natural drainage way to handle additional
stormwater runoff.
3.3.3. Site specific criteria identified by the Stormwater Administrator.
3.4. Stormwater management plans shall include drawings, maps, supporting
calculations, specifications, and summaries as outlined in the Design
Manual.
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' DRAFT STORMWATER ORDINANCE
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3.5. Stormwater management plans shall show all drainage easements per
' the Design Manual.
3.6. Stormwater management plans shall demonstrate through accepted
engineering practices described in the Design Manual that stormwater
' management facilities required to control the impacts of the development
are designed to meet the criteria described in the Design Manual.
' 4. Stormwater Management Facilities Inspection and Maintenance Requirements
4.1. A written inspection and maintenance agreement in a form acceptable to
the County Attorney and executed by the applicant of the Stormwater
Permit and the owners of the facility, if different than the applicant, shall
be provided prior to receiving a Stormwater Permit. The agreement shall
' provide the following:
4.1.1. Bind the parties thereto and all subsequent owners, successors,
' and assigns.
4.1.2. Require inspection maintenance and access of the facility as
defined in the Design Manual.
' 4.1.3. That if the County directs the correction, repair, replacement, or
maintenance of the facility in writing and the actions are not
satisfactorily performed within a reasonable time (but not greater
than 120 days), the County may, after reasonable notice, enter
' the land and perform all the necessary work and may assess the
owner(s) of the facility with the cost of the work performed. The
owner(s) served by the facility shall be jointly responsible to the
' County for the maintenance of the facility and liable for any costs
incurred by the County pursuant to the said agreement and all
properties are jointly subject to the imposition of the liens for said
' costs.
4.2. The Inspection and Maintenance Agreement shall be recorded in the
Register of Deeds at the expense of the applicant.
SECTION 10. RIPARIAN BUFFERS
1. The Riparian Buffers as identified in the Neuse River Basin Nutrient Sensitive
' Waters Management Strategy 15A NCAC 2B .0233 shall be identified on the
stormwater management plans.
SECTION 11. VARIANCES
1. All variance requests must be considered by the Board of Adjustment.
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SECTION 12. SEVERABILITY
Should any section or provision of this article be declared invalid or unconstitutional by
any court of competent jurisdiction, the declaration shall not affect the validity of this
Article as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
SECTION 13. ENFORCEMENT
1. Whenever, by the provisions of this ordinance, the performance of any act is required,
or the performance of any act is prohibited, or whenever any regulation or limitation is
imposed on the use of ' any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of
this ordinance.
2. The owner, tenant, or occupant of any land or structure, or part thereof, and any
architect, engineer, builder, contractor, agent, or other person who participates in,
assists, directs, creates, or maintains any situation that is contrary to the requirements
' of this ordinance may be held responsible for the violation and be subject to the
penalties and remedies provided herein.
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3. Procedures upon discovery of violations shall be as follows:
3.1. Upon determination that any provision of this chapter is being violated, the
Stormwater Administrator shall deliver a written notice by personal service or by
registered or certified mail, return receipt requested, to the person(s)
responsible for such violation, indicating the nature of the violation and ordering
the action necessary to correct it. Additional written notices may be sent at the
Stormwater Administrator's discretion.
3.2. The final written notice, which may also be the initial notice, shall state the
action the County intends to take if the violation is not corrected, and shall
advise that the Stormwater Administrator's order may be appealed to the Board
of Adjustment as provided in Section 11.
3.3. In cases when delay would seriously threaten the effective enforcement of this
ordinance, or pose a danger to the public health, safety, or general welfare, the
Stormwater Administrator may seek enforcement without prior written notice by
invoking any of the penalties or remedies contained in this section.
4. Penalties and remedies shall be as follows:
4.1. Any violation of any provision of any Section of the Stormwater Management
Ordinance shall constitute a misdemeanor and may subject the violator to a
penalty of five hundred dollars ($500.00) or imprisonment for not more than 30
days.
4.2. Any act constituting a violation of this ordinance shall also subject the offender
to a civil penalty of twenty-five dollars ($25.00). If the offender fails to pay the
penalty within ten (10) days of receiving final written notice of a violation, the
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MAY 26, 1998
penalty may be recovered by the County in a civil action in the nature of a dept.
A civil penalty may not be appealed to the Board of Adjustment if the offender
received a final written notice of violation and did not appeal to the Board of
Adjustment with 30 days.
Each day that any violation continues after receipt of the final written notice of
such violation shall constitute a separate violation and a separate offense for
purposes of the penalties and remedies specified herein.
In addition to the penalties and remedies above, the County may institute any
appropriate action or proceedings to prevent, restrain, correct, or abate a
violation of this ordinance.
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