Proposed Stormwater Ordinance-1995

DCM
DCM CL1PV
12 2 C E lease do not remove!!!!!
RECEIVED W SEP Division of Coastal Management
SEP 131995
CGA'1 L
MANAGEMENT DIVISION OF
r, COASTAL MANAGEMENT
PROPOSED STORNIMATER ORDINANCE
TOWN OF LONG BEACH
LONG BEACH, NORTH CAROLDiA
AUGUST 1995
Prepared For
Hon. Mayor and Town Council
Town of Long Beach, North Carolina
Prepared By
CENTURY/von Oesen
Consulting Engineers
P. 0. Drawer 2087 .- 805 North Third Street
Wilmington, North Carolina 28302
[phone] — Fax [phone]
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.
4303 (090195)

TABLE OF COWENTS
SECTION/DESCRIP1..7I0,1N
AG (S)
Introductory
vote
1
Section 1:
Short Title
1
Section 2:
Findings of Facts
1
Section 3:
Objectives
2
Section 4:
Definitions
3
Section 5:
Appliczbi'_ity
6
Section 6:
Contents of the Stotmwater Management Plar.
7
Section 7:
Procedures and Fees
10
Section 8:
Performance Standards
11
Section 9:
Design Standatds
12
Section 10:
Manual of Stormwater Management Practices
13
Section 11:
Maintenance
14
Section 12:
Enforcement
14
Section 13:
Severabiliry-
15
Section 14:
Effective Date
15
i

PROPOSED STORNIWATER ORDINANCE
TOWN OF LONG BEACH, NORTH CAROLINA
August 31, 1995
TNTROD CTORY No-rE:
a Concem Behind The Model Ordinance: The presumption underlying the Model
Storrawater Control Ordinance is that land development can be accommodated on almost any site
without resulting in irreparable damage to local water resources and the biological community.
Land can and should be used in a manner that minimizes or avoids adverse environmental
impacts. The choice is not between development or no developmenr, it is between wise
development or destructive development. The Model .3tormwater Control Ordinance was
developed to encourage a more harmonious relationship between land alteration for human use
and the needs of the naviral environment.
The Model Ordinance is intended to require the implementation of stotmwater runoff
management practices that accomplish rwo basic objectives:
1. protect the absorptive, purifying and retentive functions of natural systems
including the wetland areas, the inland waterway, and the Davis Canal, and
2. Provide for post -development stotmwater runoff characteristics that resemble the
conditions that existed before the site's alteration.
The Model Stormwater Control Ordinance is designed to be adapted to the unique
characteristics of the Town of Long Beach, NC specifically and to other coastal area communities
in general. it is presumed that some provisions of the Model Ordinance will be modified or
possibly even rejected altogether. Other provisions may have to be added. Nevertheless, the
regulatory apnmach and the means that were formulated to accomplish stotmwater runoff control
in the Model Ordinance should greatly facilitate the creation of effective controls in areas where
no controls presently exist and to meet the requirements of the NC Coastal Area Stormwater
Regulations promulgated by the NC Division of Environmental Management.
SECTION ONE: SHORT TITLE
This ordinance shall be known as the "Stormwater Control Ordinance for Long Beach.
NC."
SECTION TWO: FINDINGS OF FACTS
The Town Council of the Town of Long Beach finds that uncontrolled drainage
development of land could have a significant adverse impact upon the health, safety and welfare
of the community. '[ore specifically.

(a) Stormwater runoff can carry pollutants into receiving warer bodies, degrading
water qualiry and effect in closures cf shelltishing waters;
(b) The increase in nutrients such as phosphorus and nitragen accelerates
eutrophication of receiving waters, adversely affecting flora and fauna;
(c) improperly channeline water increases the velocity of runoff, thereby increasing
erosion and sedimentation;
(d) Construction requiring the alteration of natural topogmphv and removal of
vegetation tends to cause a loss of natural recharge areas and increase erosion;
(e) Siltation of water bodies resulting from increased erosion decreases their capacity
to hold and transport water, and harms tlora and fauna;
(f) Impervious surfaces increase tl d volar to and rate of stotmwacer runoff and allow
less water to percolate into the soil, thereby decreasing groundwater recharge.
(g) Improperly managed stormwater runoff can increase the incidence of flooding and
the level of floods which occur, endangering property and human life;
(h) Improperly managed stormwater runoff can interfere with the maintenance of
optimum salinity in estuarine areas, thereby disrupting biological productivity;
(i) Substantial economic losses result from these adverse impacts on community
waters:
(j) Many future problems can be avoided if land is developed in accordance with
sound stormwater runoff management practices.
SECTION THREE: OBJECTIVES
In order to protect, maintain, and enhance both the immediate and the long temp health,
safety and general welfare of the citizens of the Town of Long Beach, NC this ordinance has the
following objectives.
(a) To encourage productive and enjoyable harmony between humanity and name;
(b) To protect, and maintain the chemical, physical and biological integrity of wetland
ponds and waters of Davis Canal, the inland waterway, and Atlantic Ocean;
(c) To prevent individuals and organizations from causing harm to the community by
activities which adversely affect water resources:
(d) To encourage the construction of cirainase systerns which aesthetically and
functionally app-riximir. na=al sys1=15: _
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(e) To encourage the ororection of natural systems and the use of -hem is ways which
do not impair their bore 1C1,; funcaonin;;
(fl To minimize the trarsporr of pollutants to area surface waters;
(g) To maintain groundwater 1e%21s;
(h) To protect and tnaintain natural salinity leveis in esmar'ne arras;
(i) To minimize erosion and s,-dimeraation:
0) To prevent damage to weti.,nds;
(k) To prevent damage from flooding, while recognizing that namrai fluctuations in
water levels are beneficial;
(1) To protect and maintain the habitat of fish and wildlife; and
(m) To ensure the attainment of these objectives by requiring the approval and
implementation of stormwater management pians for all activities which may have
an adverse impact upon community waters.
SECTION FOUR: DEF NITIONS
Unless specifically defined below, words or phrases shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance its most effective application.
Words used in singular shall include the plural and the plural the singular, words used in the
present terse shall include the future tense. The word "shall" connotes mandatory and not
discretionary; the word "may" is permissive.
(a) "Adverse Impacts" are any modifications, alterations or effects on a feature or
characteristic of community waters or wetlands, including their quality, quanrity,
hydrodynamics, surface area, species composition, living resources, aesthetics or
usefulness for human or natural uses which are or may potentially be harmful or
injurious to human health, welfare, safety or property, to biological productivity,
diversity, or stability or which unreasonably interfere with the enjoyment of life
or property, including outdoor recreation. Tile term includes secondary and
cumulative as well as direct impacts.
(b) "Clearing" means the cutting and removal of trees and brush from the land but
shall not include the ordinary mowin6 of grass.
(c) "Detention" refers to the collection and storage of surface water for subsequent
gradual discharTe.

(d) "Developer" means any person: who engages in development either as the Owner
or as the agent of an Owner of proper;:.
(o) "Development' or 'Deveioptnent Activity" mean;:
(1) the construction, instalix.ion, alteration, demolition or removal of a
itrucru-e, impervious surface. or drainage facility; or
(2) clearing, scraping, grubbing, or otherwise removing or killing the
veoetadou of a sir.:
(3) adding, removing, exposing, excavating, leveling, grading, digging,
burrowing. dumping. piling, dredging. or otherwise significantly disturbing
the soil, crud, sand or rock of a site.
(f) "Drainage Facih " means :any component of t - draina�e System.
(g) Drainage System is the system through which water flows from the land. It
includes all watercourses, waterbodies and wetlands.
(h) "Erosion" is the wearing or washing away of soil by the action of wind or water.
W "Flood" is a temporary rise in the level of any waterbody, watercourse or wedand
which results in the inundation of areas nor ordinarily covered by water.
(j) Grubbing is the removal and disposal of srumps and roots of vegetation.
(k) ,Impervious Surface" means a surface which has been compacted or covered with
a layer of material so that it is highly resistant to infiltration by water. It includes
semi -impervious surfaces such as compacted clay, as well as most conventionally
surfaced streets. roofs. sidewalks, parking lots and other similar structures, etc.,
but not including decking.
(1) "Natural Systems" means systems which predominantly consist of or use those
commtutities of plants, animals. bacteria and other flora and fauna which occur
indigenously on the land, in the soil or L-i the water.
(m) "Owner" is the person in who is vested the fee ownership, dominion, or tide of
property, i.e., the proprietor. This term may also include a tenant, if chargeable
under his lease `or the maintenance of the property, and any agent of the Owner
or tenant including a developer.
(n) "Person" means any and all persons, natural or artificial and includes any
individual, firrn. corporation, government agency, business trust, estate, trust,
parrrership, as oc 4 tior., nvo or more persons having a joint of common interest,
or arc• o_ncr legal cntity
1

(o) "Pre -development Conditions" are arose conditions which existed before alteration,
resulting from human activity, of the natural topography, vegetation and rate.
volume or direction of surface or ground water flow, as indicated by the best
available historical data.
(p) "Receiving Bodies of Later" shall mean any waterbodics, watercourses or
wetlands into which surface waters flow either naturally, in manmade ditches, or
in a closed conduit system.
(q) "Redevelopment" means any rebuilding activity which has no net increase in built -
upon area or which provides equal or greater stormwater control than the previous
development.
(r) "Retention" refers to the collection and storage of runoff without subsequent
discharge to surface waters.
(s) "Sediment" is fine particulate material, whether mineral or organic, that is in
suspension, or has settled in a watetbody.
(t) "Sedirrcntation Facility" means any structure or area which is designed to hold
runoff water until suspended sediments have settled.
(u) "Site" means any tract, lot or parcel of land or combination of tracts, lots, or
parcels of land which are in one ownership, or are contiguous and is diverse
ownership where development is to be performed as part of a unir, subdivision,
or project.
(v) Stormwater Management Plan" refers to the detailed analysis required by Section
Six for each activity described in Section Five of this ordinance.
(w) "Structure" means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner but shall not include fences or signs.
(x) "Subdivide" means to divide the ownership of a parcel of land, whether improved
or unimproved. into two or more contiguous lots or parcels of land, whether by
reference to a plat, by metes and bounds or otherwise, in accordance with the
Town of Long Beach regulations.
(y) "Vegetation" means all plant growth., especially trees, shrubs, vines, ferns, mosses
and grasses.
(z) "Waters" or "Community of Waters" means any and all water on or beneath the
surface of the ground. It includes the water in any watercourse, waterbody or
drainage system. It also includes diffused surface water and water percolating,
standing or flowing beneath the surface of the zround, as well as coastal waters.

(aa) Watercourse" means any natural or arririciai stream, river, creek, channel, ditch
canal, conduit, culvert, drain, waterway, gully, ravine, suet, roadway, Swale, or
wash in which eater flows in a definite direction, either continuously or
intermittently, and which has a definite channel. ivd or basics.
(bb) "Waterbody" means any natural or arM&W pond, lake, reservoir or other area
which ordinarily of intermittently contains water and which has a discernible
shoreline.
(cc) "Watershed" means a drainage area or drainage basin contributing to the flow of
water in a receiving body of water.
(dd) Wetlands" means those areas where
(1) the soil is ordinarily saturated with water; or
M the dotninant plant community is Otte or more of those specks designated
by the U.S, Army Corps of Engineers as identifying wetlands or the
transitional zone of wetlands.
(;) the presence of one or more of those plant species designated by the North
Carolina Division of Coastal Management as identifying coastal wetlands
or the transitional zone of coastal wetlands.
SECTION FIVE: APPLICABILr7Y
(a) All development occurring after the effective date of this ordinance within the Town of
Long Beach .Must comply with minimum storarwater control standards. All development
must provide appropriate infiltration devices to control runoff of the first 1.5 inches of
rainfall or less from all impervious surfaces on -site. Flow from gutters and downspouts
shall be diverted to dry wells or porous drain pipes in rock envelope. For structures
without gutters and downspouts, gravel infilttation beds under roof overhangs shall be
provided Typical designs of appropriate systems will be provided for guidance in the
manual of stormwater management practices (see Section 11).
ance pursuant to
(b) Unless tormexemwater Management Plat to n trust be submitted aand approved before:subsection
(1) a plat is recorded or hind is subdivided; or
('•) an existing drainage system is altered. rerouted, deepened.
(3) a bu--ldhig ^ettnit is issue"'.
(4) eeve:oum::nt t�, 201:M11CnCC,2..
6

(c) Exemptions: The following development activities are exempt licm di-. Stormw•ater
Management Plan Requiren:cnt:
(1) agricultural activiry not invol'nng the artitici•ai drainage of land;
M any maintenance. alteration, use or improvement to an existing structure not
changing or affecting cualiv;, rare, volume or locadon of surface water discharge,
and meets the requirements or redevelopment.
(d) variances: The Town of Long Beach may grant a written variance from any requirement
of this ordinance using the following cra.ria:
(1) there are special circumstances applicable to the subject property of its
intended use; and,
(2) the granting of the variance will uec
(i) significantly increase or decrease the rate or volume of surface water
runoff;
(ii) have a significant adverse impact on an area "404 wetland",
watercoure or waterbody.
(iii) significantly contribute to the degradarion of water quality;
(iv) otherwise significantiv impair attainment of the objectives of this
ordinwice.
SECTION SLY: CONTENTS OF THE STORMWATER MANAGEMENT PLAN
(a) It is the responsibility of an applicant to include in the Stormwater Management Plan.
sufficient information for she Town of Long Beach or its agents to evaluate the
environmental characteristics of the affected areas, the potential and predicted impacts of
the proposed activity on area surface waters, and the effectiveness and acceptability of
those measures proposed by the applicant for reducing adverse impacts. The Stormwater
Management Plan shall contain maps, charts, graphs, tables, photographs, narrative
descriptions and explanations and citations to supporting references, as appropriate, to
communicate the information required by this section.
(b) A Stormwater .Management Plan for a single family or duplex residence shall include:
(1) Name, address. and telephone number of the owner and developer/builder.
(2) A sketch plan of the property showing: its location with reference to such
landmarks as major. waterbodies adjoining roads and subdivisions.

(c)
(3)
(4)
(5)
Location of f10 dplains.
Location or cxisdn °G�Ci:3t.'Jil.
Show new work on .?tc:: plan including:
(i) Areas where vraetatiru will be cleared or othovvise !tilled.
(ii) Areas that will be covered with an impervious surface, and description of
the surfacing matesi: i.
(Hi) Size and location of any buildings or other structures.
(iv) Show in general th,- location of the septic tank and disposal EcU
(v) Show Ln gererai the direction including any channels and quantity of
stom-iwater that will be collected on site.
(vi) Show the proposed infiltration system including location, size, and volume
of storage pro-,ided.
The Stormwater :Management Plan for commercial development and major residential
development shall contain:
(1) The name, address, and telephone number of the owner and the developer.
(2) Legal description of &t: property.
(3) Location wilt refe once to such landmarks as major waterbodies, adjoining roads,
or subdivisions which should be identified by a map.
(4) The existing environmental and hydrologic conditions of the site and of receiving
waters and wetlands shall be described in detail, including the following:
(i) the direction, flow rate, and volume of stortnwater runoff udder existing
conditions and, to the extent practicable, predevelopment conditions;
(ii) he location of areas on the site where stormwater collects or percolates
into die g*mund;
(iii) a description of all watercourses, waterbodies and wetlands on or adjacent
to the site or into which stormwater flows. Information regarding their
water guality and the current water quality classification, if any, given
hem by the NC Division of Environmental Management (NCDEIVi) shall
. included;
(iv) groundwater 1-vels. _ncluding aeasonal fwctuadOns;
5

(5)
(6)
(v) la%:aduu CY tloa^:
(�z) vcgetatto,
:;
(vii) topography to a tnit:icnum of 2-foot intervals;
('viii) soils as shown on the USDA Soil Survey of Brunswick County.
Proposed alterations of the site shall be described in detail, including,:
(i) changes in topognphy:
(ii) areas where vegetation will be cleared or otherwiat killed;
areas that will be covered with an impervious surface and a description of
the surfacing material.
(iv) the size and location of any buildings or other structures.
Predicted impacts of the proposed development on existing conditions shall be
described in detail, includung:
(i) changes in water qualit,;
(ii) changes in groundwater levels;
(iii) impacts on wetlands; and
(iv) impacts on vegetattun.
(7) All components of the drainage system and any measures for the detention,
retention., or infiltration of water or for the protection of water quality shall be
described in detail, including:
(i) the channel, direction, flow rate, volume and quality of stotmwater that
will be conveyed from the site; with a comparison to existing conditions
and, to the extent practicable, predevelopment conditions;
detention and retention areas, including plans for the discharge of
contained waters, maintenance plans, and predictions of water quality in
those areas:
areas of the site to be used or reserved for percolation including a
prediction of the impact on groundwater quality;
(iv) a plan for the control of erosion and sedimentation which describes in
detail the type and location of conzol measures, the stage of development
6

at which they will be nut into place or used, and p:o�isions for them
maintenance:
(v) any other information Which the developer or the Tow:i of Long Beach or
its agents believes is reasorabiv necessary for = evaluation of the
development.
SECTION SEVEN: PROCEDURES AND FEES
(a) Any person planning a development as defined in, this ordinance shall submit a
Storrnw•ater Management Plan or an appiication for a variance to the Town of Long
Beach.
(b) A permit fee will be collected ar the time the Stormwater Management Plan is submitted
and will -et7ect e cost f s n matt lion and management cf the oemutting process. The
Town shall establish. by resolution a prorated fee schedule oared upon the relative
complexity of the project. The fee schedule may be amended from time to time by the
Town Council by resolution. Notice of such resolution shall be published no less than
fifteen (15) days prior to adoption. Tl:e fee schedule shall be appended to this ordinance
following its adoption and shall be considered to be a part of this ordinance.
(c) Within thirty (3o) days after submission of the completed Stormwater Mana;ement Plan
the Town shall approve, with or without specified conditions or modifications, or reject
the Plan and shall notify the applicant accordin;ly- If the Town has not rendered a
Plan submission. it shall inform the applicant of the
decision within thirty (30) days after
status of the review pros: ss and u:. anticipated completion date. If the Plan is rejected
or modified, -he Town shall state its reasons. However, it is not the responsibility of the
Town or its designated agent to design an acceptable l;rojei:.
(d) The Stortnwater ldanage=nt Plan shal not be approved unless it clearly indicates that
the proposed development will meet the Performance Standards described in Section Eight
and the Design Standards described in Section Nine, except where a variance has been
granted pursuant to Section Five, Subsection (d), or where off -site management is
approved pursuant to Section Ton.
(e) Inspections: No Stotmwater lvlanagement Plan may be approved without adequate
irspor o;, of the property before development activity commences. The
provision for
applicant shall arrange With the Town's Building Inspector or his designated agent for
scheduling the foliowine inspections:
(1) Initial Inspection: Prior to approval of the Swrrawater Management Plan;
(*i) Btuy Inspection: Prior to burial of any underground drainage structure;
(3) Ervsicn Control hnpection: As necessary to ensure effective control of ere
and edimentadon;
:Q

(4) Finish Inspeotion: When ali work includi lg instaiia:ion cf all (lrainagt fulliaes
has been :ornpletr.1l.
The Town Building Inspector or his designated agent shall inspect the work and shall
fy the applicant in writing in w' at respects there has been a
either approve it or noti
failure to comply with t!-e requirements of the approved Stormwater Management Plan.
Any portion, of the work which does not comply shall be oromptly cor.eeted by the
applicant or the applicant will be subject to the penalty provisions of Section Thirteen.
(f) Appeals: Any person aggrieved by the action of any of,&i:d charged with the
enforcement of this Ordinance, as the result of the disapproval of a properly filed
application or a permit. issuance of a wriucn notica of violation, or an alleged failure to
properly enforce the Ordinance in regard to a specific application shall have the right to
appeal the action to the Town Council. The appeal shall be filed in writing within thirty
(30) days of the date of official transmittal of the final decision or determination to the
applicant, shall state clearly he grounds on which the appeal is based, and shall be
processed in the manner prescribed for hearing admiltistrarive appeals under local and NC
State Statutes.
SECTION EIGHT: PERFORMA.tiCE STANDARDS
The Stormwater Management Plan must demonstrate the proposed development or activity
has been planned and designed and hill be consmic'red and maintained to meet each of the
following standards;
(a) Ensure that after development, runoff from the site approximates the rate of flow,
volume and tithing of runoff that would have occurred following the same rainfall
under existing conditions and to the extend practicable, predeveiopment conditions:
(b) Maintain the natural hydrodynam.c characteristics of the watershed;
(c) Protect or restore the quality of ground and ,adace waters;
(d) Ensure that erosion dutin"a and after development is minimized:
(e) Protect groundwater levels;
(f) Protect the beneficial functioning of wetlands as areas for cbe natural storage of
surface waters and the chemical reduction and asst niladon of pollutants;
(g) Prevent increased flooding and damage that results from improper location,
constn:etion and design of syucrures in areas which are presently subject to an
unacceptable danger of ;loodi g;
(h) Prevent or reverse salt ward :r.:znston:

(i) Protect the natural fluctuating level's of salinity in
(j) Protect the inte't'ity of natural interdunal trough -grourdwuter recharge areas.,
1ki Vlinimiz:. -niury to flora and fa:tna and adverse unpacts to fish and wildlife habitat;
(p Otherwise f7:rher the obje,.tves Ut t:lla Grdinu c�.
SECTION NINE: DESIGN STANDARDS
To ensure attainment of the objectives of this Qrdinance and to ensure that performance
standards will be met, the design, construction and maintenance of drainage systems shall be
consistent with the following stare °:
(a) Channeling runoff direcly into waterbodies shall be sr_^:cdy prohibited. Instead, runoff
shall be routed through vegetated swales and other systems designed to increase time
of concentration, decrease velocity, increase infiltration, allow suspended solids to
settle, and remove pollutants;
(b) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened,
straightened, stabilized or otherwise altered. Water shall be retained or detained o fore
it enters any natural watercourse in order to preserve the natural hydrodynamics
watercourse and to prevent siltation or other poiludon;
(c) The area of land disturbed by development shall be as small as practicable. Those
areas which are not to be disturbed shall be protected by an adequate barrier from
constntction activity. Wherever possible, natural vegetation shall be retained and
protected;
(d) No grading, cutting or filling shall be commenced untii erosion and sedimentation
control devices have been installed between the dismrb:d area and waterbodies,
watercourses and wedands;
t and upon
ch construction has
(e) emmenced shalle protected from ros ond which has been cleared for nby appropriates techniques designed too
revegetate the are.:
(fl Sediment shall be retained on the site of the devcloptnea:;
lg) dies shall not be used as sediment traps during
Wetlands and ocher waterbo
development.;
(h) Erosionandscditnentation facilities shall receive regular maintenance to insure that
they continue to function properl ;
II
_

(i) S rril:cial W :'.^.:co -'ses Shall "le d.'skl..ni'd, ME-! SCiI type. -.•V U1311ifa •:Clv:.:tj' Of
flow is low e:toLLt!n to prwltnt
(j) Vegetated buffer strips shall be created or, :where pracucabie. retained in their natural
state along the baniics of all watercoarses, waterbodies or wetlands. The andth of the
buffet shall be sufficient to prevent erosion, nap tie sedirnenc in overland runoff,
d allow for periodic flooding without damage to
provide access to the waterbody an
structures;
(k) Intermittent waterco:rscs, such as swales, should be *cgeraled;
(1) Retention and d:tendon ponds shall be used to retain and detain the increased and
accelerated runoff which the development generates. Water shall be released from
detention ponds into 'Hater courses or wetlands at a rate and el a manner
approximating the nsi flow which would h�:e occurred before development
t'um
(m) The first one and ore -half (1.5) inch of runoff from impervious surfaces shall be
retained on the site of the development
(n) Detention and retention areas shall be designed so that shorelines are sinuous rather
than straight and so that length of shoreline is maximized, thus offering more space
for the ,owth of lit oral vegetation;
(o) The banks of detention and retention :seas shall slope at a gentle grade into the water
as a safeguard against drowning, personal injury or other accidents, tre a courage the
d
growth of vegetation and to allow the alternate flooding P
ong
the shore as water levels periodicaAy rise and fail;
(p) The use of drainage facilities and vegetated buffer zones as open space, recreation and
conservation areas shall be encouraged.
SECTION TEN: MANUAL OF STORDiWATER iViANAGE:ME.NT PRACTICES
(a) The Town of Long Beach shall compile a manual of Stomwater Management Practices for
the guidance of persons preparing Stormwater :Management Plans, and designing or
operating drainage systems. The Manual shall be updated periodically to reflect the most
current and effective practices and shall be made available to the public.
(b) The Manual shall include guidance and specifications for the preparation of Stotmwater
Management
nformation required in the Stom:wa'.er�Management Plans hall be describe7,ics for obtaining, calc�lating and d.
the
(c) The Manual shall include guid ace in the selection of environmentally sound practices for
the management of stornwater and the control of erosion and sediment. Specific techniques
and prrc tices scull be describca in detail. The development and use of techniques which
emphasize the use of natural systems shall be encouraged.

(d) • he Manual shall also estabiisAh minirnum
facilities. Cons=ction Specifications $hull
ettgi.neering practices.
(e) The Building Inspector shall sub' it the
Coun 1 and Planing Boars for rnv:ew
SECTION ELEVEI`: M.-kINTENAN'CE
speciricatioits io; ue JC•:UC'SC�utl of u::SAdce
,e established in ;u cordance with current goo»
`dams:wd and subsequent revisions of it to the Town
aid approvSa.
The Owner shall grant to the Town the right to enter to inspect and, if accessary,10 tavc
corrective action should the owner fail to properly maintain the system. Before taking
action, the Town shall ; ve the owner written notice of the nature of the emsting defects. If the
the dote of nuti:m
e .o comcacem omcotits
ective action
owner fails within thirty (30) days from
ve action,
or to appeal the matter to the Town Cou^.cil. the Town may take necessary
cost of which shall become a lien on the real property until paid.
SECTION TWELVE.: ENI FORCE}IE-N
(a) Nuisance: Any development acd"'IR that is coirunenced without prior approval of a
is conducted contrary to an approved Stormwater
Stormwater Management Plan or
ylanagement Plan as mg7uired by this Ordinan�e, shall be d m� lded be law.
nuisance and may
be restrained by injunction or otherwise abated in a mantler p Y
(b) Civil and Criminal Penalties: In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this Ordinance shall be punished
by a fine of not less than One Hundred Dollars (S100) not' more than One Thousand Dollars
($1,000) or by imprisonmer_t in the county ja ii for a period not to exceed sixty (60) days,
or by both such fine and imprisonment, Such person shall be guilty of a separate offense
for each day during which the violanon occurs or continues.
(c) Any violator may be required to restore land to its undisturbed condition. In the event that
restoration is not undertaken within a reasonable time after nonce, the Town may take
necessary corrective action, the cost of which shall become a lien upon the property until
paid
(d) Notice of Violation: When the Town Building Inspector determines that developmenthe
activity is not being carried out in accordance with the re4uirement a noticthis e of elation
shall issue a r inen notice of violation to the owner of the property,
shall contain:
(1) the name and addr-tss of the owner or applicant:
(?). the see:c address when available or a descriptior of the building structure, or land
upon :v .; h the violation is occarr"-ig;

(3) a statement speciflire the r urc of ale vtoladOn:
(4) a descriptier, of the remedial actions necessary to brin; tee development activity into
compliance with this Ch-dinanri
ce and a me s:.hedule fo: completion of such remedial
action
(5) a statement of the penalty or penalties that shall or may be assessed against the person
to whom the notice of violation i_s directed;
(6) a statement that the Town's determination of violation may be appealed to the Town
Council by filing a written notice of appeal within fifteen (15) days of service of
notice of violation.
The notice of violation shaL be served upon the person(s) to whom it is directed either
personally, in the manner pro`-ided for personal service of notices by the court of local
jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid,
return receipt requested to such person at his or her last known address.
A notice of violation issued pursuant to this section constitutes a determination from which
an administrative appeal may be taken to the Town Council.
SECTION THIRTEEN: SEVERABILITY
Each separate provision of this Ordinance is deerned independent of all other provisions
herein so that if any provision or provisions of this ordinance be declared invalid. all other
provisions thereof shall remain valid and enforceable.
SECTION FOURTEEN: EFFECTIVE DATE
This Ordinance shall become effective on
Adopted this the day of , 199^
Mayor
Reviewed for Legal Consistency:
Town Attorney
Date
15