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Home My WebLink AboutStorm Drainage Mapping Report 2002Morehead City Storm Drainage Mapping Report May 2002 Prepared by: amec The preparation of this report 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. Draft Report i, C:Cf tiY',;e tt•id.�9!'.C:J!OU:' yji •n'.�Ibt Q::i�L'uL: '".t}; U'(ti.`••''2a}�PCLtC iq�:FJLCI i.•.�LCE+IILr. 3L n ... aCj'a.�' .':F�fiC�. 'titl.I4p1; t@r::�1 �i%� f�?�' � '.IR OF {�r:1�A Ol:•�i � Q7i7_^^, •yr'.a:.an'r*,.c ' , e i'. COS U4 b<.: •;.,`ac• ; tj� = : ;.ac;p � f.-`nar7 •�;C;r.ret p`�n:aa�;;..,a:n �:n�.r.ua' 10 . >y A i�H'.. .. `i'l.tirl lnT .'lln'.+� ��:T.•cA ii`�f,�m:.' If`.. i".IT. ft DRAFT Stormwater Drainage System Mapping Table of Contents I. Pilot Inventory of the Storm Drainage System and Review of Existing GIS Data ............ I II. Storm Drainage System Mapping.....................................................................................1 III. Storm Drainage System Data Collection..........................................................................2 IV. Data Collection Quality Assurance Review......................................................................2 V. Data Collection Statistics................................................................................................. 3 Appendix A I. Computerized Database for Storm Drainage System Structures ............................... A-1 H. Computerized Database for Storm Drainage Conveyances ... ... ... ... ... ... ... ... ... ... ... ... . A-5 III. Computerized Database for Non-Stormwater Discharges ... ... ... ... ... ... ... ... ... ... ... ... ... A-7 IV. Computerized Database for Best Management Practices ... ... ... ... ... ... ... ... ... ... ... ... .. A-10 Morehead City Storm Drainage System Mapping amec'� page 1-0 Project Summary DRAFT Stormwater Drainage System Mapping I. Pilot Inventory of the Storm Drainage System and Review of Existing GIS Data On March 2, 2002 a pilot inventory of the storm drainage system was conducted within the Extraterritorial Jurisdiction (ETJ) of Morehead City to verify existing Global Information System (GIS) data and to verify the availability of Global Positioning System (GPS) satellites. Existing GIS maps were compared to the actual system and the locations of structures were visually verified. General storm drainage problem areas and those areas needing additional data were noted. The Existing GIS data showed that the existing storm drainage maps contained only storm drainage structures and associated piping. The pilot inventory showed that the ETJ's drainage system is predominately characterized by roadside swales with driveway pipes. It is at points where the system of driveway pipes and swales are connected to the adjacent storm drainage systems that storm drainage structures and associated structures are found. The GPS receivers were tested during the pilot inventory. Several storm drainage features were mapped at various locations throughout the ETJ and compared to existing GIS data. In summary the Pilot Inventory provided the following information: 1. GPS receivers function with the associated software databases. 2. The ETJ storm drainage system needs to have the existing data updated and an extensive amount of additional data needs to be conducted. 3. The storm drainage system within the ETJ is primarily characterized by driveway pipes and roadside swales. 4. A large percentage of driveway pipes that are present are undersized (6 inches or less) and made out of plastic. 5. A few residential developments within the ETJ have a "curb and gutter" type storm drainage system with associated inlets and piping. These systems are localized and discharge either to Waters of the State or a system of interconnecting swales. II. Storm Drainage System Mapping To fulfill portions of the grant provided by the North Carolina Coastal Management Program, five students were recruited from East Carolina University to assist with the storm drainage mapping portion of the project. Training for the students was conducted on Sunday March 10, Morehead City Storm Drainage System Mapping amee'� Project Summary page 1-1 DRAFT 2002 in Morehead City. The training focused on recognizing specific storm drainage features, how to collect the data and how to record the data in the correct database fields. Training was also provided on how to recognize, classify and record possible storm drainage system problem areas including: illicit connections to the storm drainage system, structural problems, sediment problems, blockage problems and general maintenance problems. Mapping of the storm drainage system was initiated on March 1Ith. Several data collection teams were created using AMEC staff paired with one or more students. Field data collection was completed on 23 March 2002. III. Storm Drainage System Data Collection Storm drainage data was collected and recorded to a computerized database using Tremble GPS backpack units connected to Personnel Data Assistants (PDA) loaded with TerraSync °n software. Data collection was divided amongst the team members with each team member having a specific responsibility. One team member was responsible for collecting the GPS location data and entering data into the computerized database, one team member was responsible making a backup of the data by writing it on a hard copy map, and one team member was responsible for taking measurements and determining the condition of the structure or conveyance. At the end of each day, the data collected by each team was downloaded to a desktop computer using Tremble GPS Pathfinder Office version 2.80 and an initial quality assurance check of the data was performed looking for incomplete data fields, system connectivity, etc. Completed hardcopy maps were collected for later comparison to the computerized database during the final QA/QC processes. Data collected by the field teams was dived into four categories: Structures, Conveyances, Non- Stormwater Discharges, and Best Management Practices. The Individual attributes are listed in Appendix A. IV Data Collection Quality Assurance Review After data collection was completed, a Quality Assurance Review of the collected data was performed. The data review compared the electronic data collected with the hardcopy field maps as well as digitizing in creeks and swales that were inaccessible. System wide connectivity was reviewed and established based on a combination of GIS data collected, field interviews with local citizens, field maps, existing GIS data and topographic maps. Isolated storm drainage systems were encountered and if no connectivity could be established or if other problems usually associated with isolated system were found (such as standing water) then the storm drainage systems were left as they were mapped. Morehead City Storm Drainage System Mapping amen page 1-2 Project Summary DRAFT V Data Collection Statistics 5,314 Structures and 5,017 Conveyances, 125 Non -Storm Discharges and 11 BMPs were mapped. The total length of the system as mapped is 716,050 feet or just over 136 miles of pipes, swales, creeks and ponds. Of the 5,017 Conveyances mapped, 410 or 8% have a blockage problem, 698 or 14% have a ponding problem, 46 or 0.9% are possible non-stormwater discharges, and 39 or 0.8% have a structural problem. The remaining Conveyances are either listed as having no observed problems (3,716 - 74%) or are listed as unknown (108 — 2%). Of the 5,314 Structures mapped 459 or 8% have a blockage problem, 1 has an erosion problem, 323 or 15% have a ponding problem, 60 or 1% have a possible non-stormwater discharge, and 77 or 1% have a structural problem. The rest are listed as having no observed problem (3,654 - 67%) or are listed as unknown (740 —14%). 125 Non-Stormwater connections were mapped. These points as well as the 60 possible non- stormwater discharges should be further investigated. If they are non-stormwater discharges then these connections to the storm drainage system should be removed. Morehead City Storm Drainage System Mapping ame{r page J Project Summary DRAFT Appendix A - Storm Drainage Mapping Databases Data collected by the field teams was dived into four categories: Structures, Conveyances, Non Stormwater Discharges, and Best Management Practices. The Individual attributes are described below. Computerized Database for Storm Drainage System Structures The Storm Drainage System Structures were split up into thirteen different categories listed below. ➢ Bridge End ➢ Manhole/ Junction Box ➢ Curb Inlet — No Grate ➢ Curb inlet — Grate ➢ Control Structure ➢ Open Throat Catch Basin ➢ Curb Cut ➢, Grate ➢ Headwall ➢ Conveyance End ➢ Pipe End ➢ Hidden Junction Box ➢ Other -See Comments Each is Described Below Bridge End Bridge Ends are used where a significant bridge crosses a swale or stream. It is used primarily for display purposes so that when the coverages are viewed in ArcView with the associated aerial photographs as a backdrop, water does not appear to flow "over the bridge". Manhole/Junction Box Manhole/ Junction Boxes are structures that do not allow stormwater to enter them except by way of stormwater pipes. Usually the only access to .these types of structures is by way of a manhole cover or removable solid concrete top. Curb Inlet — No Grate and Curb Inlet — Grate Curb inlets — No Grate are characterized by a structure that primarily allows storm drainage to enter the structure by way of a rectangular vertical opening and they are usually collocated with curb and gutter. If the structure has a grate placed horizontally in front of the opening then that Morehead City Storm Drainage System Mapping page A-1 Appendix A ameO DRAFT structure is called a Curb Inlet — Grate. Control Structure Control Structures are classified as those structures whose sole purpose is to control the rate of storm water discharging through them. The most common types included: riser and barrels, weirs, dams, and emergency spillways. They are usually co -located with retention/ detention ponds. Open Throat Catch Basin Open Throat Catch Basins are characterized by one or (usually) more vertical rectangular openings with either a solid concrete top or a concrete top with a manhole cover. The top of these types of structures is usually supported in each comer by bricks. Usually found in roadside swales or in yards. Curb Cut Curb Cuts are usually co -located with curb and gutter. They are an opening made in the curb that allows storm drainage to discharge through the curb cut and into a natural or man-made swale. Grate A structure that allows storm drainage to enter by passing through a flat horizontal grid is called a Grate. They are usually found in parking lots or in roadways. Headwall A Headwall is described as any form of material purposefully placed at the end of a pipe to prevent erosion and has a basic vertical form. This excludes riprap and vegetative swale linings but includes metal, wood, plastic, sandbag, masonry and concrete construction. Conveyance End A Conveyance End is placed where two or more swales join, a swale ends, or a swale discharges to Waters of the State. Pipe End A Pipe End is placed at the end of a pipe where that pipe joins with a swale or Waters of the State. Pipe Ends may have an "end treatment" such as a flared end section, rip rap, poured concrete, etc. Morehead City Storm Drainage System Mapping Appendix A ameO page A-2 DRAFT Hidden Junction Box A Hidden Junction Box is used where two or more storm drainage pipes appear to connect but you cannot determine the exact location of the structure. This may be due to the structure being buried, paved over or inaccessible. Other -See Comments The structure type Other -See Comments is used when you cannot classify the storm drainage structure into one of the other structure classifications. An entry in one of the comments fields is made that describes the structure. These structures are usually combinations of the structures listed above. An example of this would be a Curb Inlet — Grate, located in curb and gutter, with an opening in the back of the structure like an Open Throat Catch Basin. Other examples would include such combinations as a Curb Cut on the top of a Headwall or a Curb Cut with a Grate. The total amount of Storm Drainage Structures collected is 5,314. The number of each Structure type collected is shown below. Storm Drainage Structure Number Collected Bridge End 2 Other -See Comments 6 Manhole/ Junction Box 22 Curb Inlet — No Grate 25 Control Structure 35 Open Throat Catch Basin 37 Curb Cut 99 Hidden Junction Box 119 Curb inlet — Grate 169 Grate 208 Headwall 211 Conve ance End 729 Pi a End 3,652 Morehead City Storm Drainage System Mapping page Ad AppendizA ameO DRAFT Computerized Database for Storm Drainage System Conveyances The Storm Drainage System Conveyances were split up into eight different categories listed below. ➢ Bridge ➢ Box Culvert ➢ Dry Pond ➢ Hidden Drain ➢ Creek ➢ Wet Pond ➢ Swale ➢ Storm Drain Each is Described Below Bridge Bridges are used where a significant bridge crosses a swale or stream. It is used primarily for display purposes so that when the coverages are viewed in ArcView with the associated aerial photographs as a backdrop, water does not appear to flow `over the bridge". Box Culvert A Box Culvert describes a storm drainage pipe that is rectangular in shape. These structures are usually extremely large and there measurements are recorded in feet instead of inches unless otherwise indicated in the database. Dry Pond Dry Ponds are man-made storm drainage features that retain storm drainage during rainfall events and allow the stormwater to evaporate or infiltrate into the ground. Hidden Drain A Hidden Drain is used to connect two storm drainage structures together where access to the pipe is not possible. Situations where this occurs are; both pipe ends buried by sediment, both pipe ends under water, for connection between Hidden Junction Boxes, no access to each pipe end (i.e. inside a locked fence). Investigative procedures such as transmission of noise through the pipes, tracking of storm drainage flow, best judgment, etc. are used to establish connectivity using Hidden Drains. Morehead City Storm Drainage System Mapping Appendix A am page A -a .rrc�l� Creek Creeks indicate Waters of the State, very large swales or indicate a water flow path through inaccessible areas such as swamps. Wet Pond Wet Ponds indicate a man-made storm drainage feature that retains a permanent pool of water and slowly releases accumulated stormwater to the storm drainage system over a long period of time. Swale A Swale indicates a man-made or natural open channel conveyance that is not classified as Waters of the State. A Swale may be lined with rip rap, concrete, stone, masonry, gabions, etc. or may have a natural lining of bare earth, rock or vegetation. Storm Drain The attribute Storm Drain describes any man-made conveyance that usually conveys stormwater below the surface of the ground. Storm Drains can be made out of metal, concrete, masonry and plastic. The total amount of Storm Drainage Conveyances collected is 5017. The number of each Conveyance type collected is shown below. Storm Drainage Conveyance Number Collected Bride 1 Box Culvert 3 Dry Pond 5 Hidden Drain 38 Creek 65 Wet Pond 86 Swale 2,408 Storm Drain 2,411 Morehead City Storm Drainage System Mapping page AS Appendix A am DRAFT Computerized Database for Non-Stormwater Discharges The Non-Stormwater Discharges were split up into thirteen different categories listed below. ➢ Household HAZMAT ➢ New Construction ➢ Car Washing ➢ Industry Wastewater ➢ Sanitary Sewer ➢ Sediment/ Erosion ➢ Dumping ➢ Solid Waste ➢ Maintenance Activities ➢ Petroleum, Oils and Lubricants (POL) ➢ Laundry Wastewater ➢ Unknown Liquid ➢ Other See Comments Each is Described Below Household HAZMAT Household HAZMAT is used to describe items of hazardous materials typically generated by a residential household -and are dumped into the storm drainage system. These items included; batteries, bleach, insecticides, small quantities of waste and used POLs, household cleaners, paint, etc. New Construction New Construction concerns the general waste items that may be generated by construction activities that are dumped into the storm drainage system. These items include; POLs, batteries, cleaners, paint, light and heavy metals, erosion and sediment transport, construction debris, scrap wood, trash, etc. Car Washing Car Washing refers to possibly contaminated discharges from commercial car washes that enter the storm drainage system. Industry Wastewater Industry Wastewater concerns any discharge from a facility classified as an industrial that reaches the storm drainage system untreated. Morehead City Storm Drainage System Mapping page A-6 Append& A ameO DRAFT Sanitary Sewer Sanitary Sewer concerns untreated raw sewage being discharged to the storm drainage system. Sediment/ Erosion One of the main concerns with Sediment in the storm drainage system is the clogging of storm drainage pipes and sediment transport that can fill swales and negatively affect aquatic life. Erosion can cause severe damage to storm drainage structures as well as damage swale and creek banks. Dumping Dumping concerns the deliberate depositing of one or more waste materials directly into or around the storm drainage system. This usually involves large quantities of material. Dumping can involve liquids, solids, gasses or any combination of these. Dumping is usually used to describe large quantities of trash, urban debris, construction materials, HAZMAT, etc. usually placed in or adjacent to a swale or creek. Solid Wastes Solid Wastes concerns the dumping of wastes that normally would have been accepted at a sanitary landfill. It closely resembles Dumping but the wastes involved are usually only.solid in form. This is used to describe specific waste depositing such as tires, wood, white goods, etc. Maintenance Activities Maintenance Activities usually involves improper waste disposal by a specific maintenance activity. An example of this would be allowing oil to discharge directly into the storm drainage system during an oil change. Another example would be the dumping of old equipment batteries into or adjacent to the storm drainage system. Maintenance activities are very similar to any of the other categories but can be tied to a specific maintenance activity. Petroleum, Oils and Lubricants (POL) Petroleum, Oils and Lubricants (POL) concern the discharge of POLs into the storm drainage system. This can be deliberate or accidental. An example of deliberate would be dumping used oil into a storm drain inlet. An example of accidental would be a railroad derailment where a tank car loaded with POLs discharges its contents into the storm drainage system. Morehead City Storm Drainage System hrapping page A-7 AppendirA ' ame DRAFT Laundry Wastewater Laundry Wastewater concerns a direct connection of household or commercial laundry equipment to the storm drainage system. This is usually found in areas that have septic tanks. Homeowners will run a laundry discharge line directly to the storm drainage system. Other -See Comments Other -See Comments concerns discharges or dumping of unknown substances to the storm drainage system that were not easily classifiable into one of the other non-stormwater discharge classifications or needed additional investigation to confirm the suspected non-stormwater discharge. Unknown Liquid Unknown Liquid concerns a liquid substance being discharged to the storm drainage system that was not easily classifiable into one of the other non-stormwater discharge classifications or needed additional investigation to confirm the suspected non-stormwater discharge. The total amount of Non-Stormwater Discharges collected is 125. The number of each Non- Stormwater Discharge type collected is shown below. Non-Stormwater Discharge Number Collected Household HAZMAT 1 New Construction 1 Car Washing 2 Industry Wastewater 3 Sanitary Sewer 4 Sediment/ Erosion 6 Dumping 7 Solid Waste 7 Maintenance Activities 11 Petroleum, Oils and Lubricants POL 12 Laundry Wastewater 13 Other -See Comments 16 Unknown Liquid 42 Morehead City Storm Drainage System Mapping page A-8 Appendix A amecs DRAFT Computerized Database for Best Management Practices The Storm Drainage System Best Management Practices were split up into the two major categories listed below. ➢ Structural ➢ Non -Structural Each of these categories was split up into five different sub -categories that are listed below. ➢ Wastewater ➢ Hazardous Waste ➢ Hazardous Material ➢ Management ➢ Other - See Comments Each is Described Below Structural The Structural category is used to describe Best Management Practices (BMPs) that apply to storm drainage structures or Conveyances. Examples of Structural BMPs are repairing and/or upgrading existing storm drainage structures and conveyances, removing sanitary sewer direct connections to the storm drainage system, removing other Non-Storinwater connections, installing stormwater quality controls such as vegetative buffers, installing storrwater quantity controls such as retention/ detention ponds, etc. Non -Structural The Non -Structural category applies to those BMPs that do not involve the storm drainage structures and conveyances directly but contribute to the quality and quantity of stormwater discharges. Examples of Non -Structural BMPs are public education, stormwater ordinances, procedural changes, stormwater design manuals, existing ordinance revisions, master planning, etc. Wastewater Wastewater is a general term used to describe liquid byproducts generated during industrial activities. Wastewater can include sewage, product rinse water, electroplating solutions, fabric dye, paint, POLs, hazardous chemicals, etc. Wastewater usually requires some form of treatment before being allowed to discharge to the storm drainage system. Alorehead City Storm Drainage System ♦Mapping Appendix A am page A4 WNIFffl— Hazardous Waste Hazardous Waste refers to material handling practices and procedures for materials that become hazardous after there intended uses. Hazardous waste may also have been Hazardous Material before being used. Examples of Hazardous Waste include spent radioactive fuel rods, PCBs, poisons, certain forms of POL products (including waste .oil and contaminated fuel), acids, bases, etc. Hazardous Material Hazardous Material refers to material handling practices and procedures for material that is hazardous in nature before its intended use. Examples of hazardous material include acids, bases, radioactive materials, poisons, etc. Management Management refers to suggested procedural changes, public education, stormwater and other ordinances, etc. Other - See Comments Other - See Comments refers to those BMPs that do not fall into one of the above categories. These may include maintenance issues. The total amount of Best Management Practices collected was 11. The number of each Best Management Practice major category type collected is shown below. Non-Stormwater Number Collected Discharge Structural 4 Non -Structural 7 The number of each Best Management Practice sub -category type collected is shown below. Non-Stormwater Discharge Number Collected Wastewater 1 Hazardous Waste 1 Management 2 Hazardous Material 3 Other - See Comments 1 4 Morehead City Storm Drainage System Mapping p�,p) page A-10 Appendix A amet+ J, DRAFT STORMWATER MANAGEMENT ORDINANCE FOR MOREHEAD CITY, NORTH CAROLINA Whereas, the Town of Morehead City is concerned about protecting property from flood damage in developed areas of the Town, and seeks to minimize and, if possible, prevent such flooding, and Whereas, the Town of Morehead City wants to protect surface and ground waters from negative stormwater runoff impacts, and Whereas, the Town of Morehead City recognizes that water quality is essential to the quality of life of its residents and property owners, and is essential to the vitality of its tourism industry, and seeks to preserve water quality in the Atlantic Ocean and Bogue Sound, Now, therefore, be it ordained by the Morehead City Town Council that the following Stormwater Management Ordinance be adopted: Sec. 1 Goals and Purposes The preservation of water quality and protection against flooding are important environmental goals of the Town of Morehead City. In order to meet these goals, the Town of Morehead City adopts this Stormwater Management Ordinance for the following purposes: a) To regulate new development, redevelopment, and other construction activities within the jurisdiction of the Town, consistent with federal, state and local requirements, and the Town's environmental goals. b) To provide the structure within which the authority of the Town of Morehead City to administer and enforce stormwater quantity and quality regulations will be exercised. Sec. 2. Findings of facts. Development without control of drainage has a significant adverse impact upon the health, safety and welfare of the'community. More specifically: a) Uncontrolled stormwater runoff can carry pollutants into receiving water bodies, degrade water quality and result in adverse impacts to shelifishing waters; b) Uncontrolled stormwater runoff can increase nutrients such as phosphorus and nitrogen, thereby accelerating eutrophication of receiving waters, adversely affecting flora and fauna; c) Improperly channeling water increases the velocity of runoff, thereby increasing erosion and sedimentation; Draft SWM Ordinance 1 Town of Morehead City d) Construction requiring the alteration of natural topography 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 to transport water, interferes with navigation, and harms flora and fauna; f) Impervious surfaces increase the volume and rate of stormwater 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 do occur, endangering property and human life; h) The economy of the Town of Morehead City, as well as the health and welfare of its citizens, is dependent upon the preservation of local beaches, clean navigable waterways and marinas, abundant fishing and shellfishing resources, and a healthy ecosystem that attracts visitors to the Town. Many future problems can be avoided or substantially mitigated if land is developed in accordance with sound stormwater runoff management practices. Sec. 3. Objectives. In order to protect, maintain, and enhance both the immediate and the long-term health, safety and general welfare of the citizens of the town, this ordinance has the following objectives: a) Minimize the transport of pollutants to area surface waters; b) Protect and maintain natural salinity levels in estuarine areas; c) Minimize erosion and sedimentation; d) Prevent damage to wetlands; e) Prevent damage from flooding, while recognizing that natural fluctuations in water levels are beneficial; f) Protect, restore, and maintain the habitat of fish and wildlife; g) Ensure the attainment of these objectives by requiring the approval and implementation of stormwater management plans for all activities that may have a significant adverse impact upon community waters and nearby properties. Sec.4. Definitions. 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: Draft SWM Ordinance Town of Morehead City Adverse impact means any modification, alteration or effect on a feature or characteristic of community waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition, living resources, aesthetics or usefulness for human or natural uses which is or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Clearing means the removal of trees and brush from the land but shall not include the ordinary mowing of grass. Detention means the collection and storage of surface water for subsequent gradual discharge. Developer means any person who engages in development either as the owner or as the agent of an owner of property. Development or development activity means: (1) The construction, installation, alteration, demolition or removal of a structure, impervious surface, or drainage facility; (2) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; (3) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging, or significantly disturbing the soil, mud, sand or rock of a site in any other manner. Drainage facility means any component of the drainage system Drainage system means the system through which water flows from the land. It includes all watercourses, water bodies and wetlands. Erosion means the wearing or washing away of soil by the action of wind or water. Existing conditions means the current conditions that exist at the site as a result of prior development of the site, including, but not limited to, any structures, impervious surfaces, drainage facilities, and other disturbances of the site. In cases in which no prior development of the site has occurred, the existing conditions are the predevelopment conditions, as defined in this section. Flood means a temporary rise in the level of any water body, watercourse or wetland which results in the inundation of areas not ordinarily covered by water. Impervious surface means a surface which has been compacted or covered with a layer of material that prevents or significantly impedes the infiltration of water into the soil. It includes semi -impervious surfaces such as gravel and compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures, alterations, or improvements. Draft SWM Ordinance 3 Town of Morehead City Natural systems means systems which predominantly consist of or use those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water. Owner means the person in whom is vested the fee ownership, dominion, or title of property, i.e., the proprietor. This term may also include a tenant, if chargeable under his lease or occupancy agreement for the maintenance of the property, and any designated agent of the owner or tenant including a developer acting on an owners behalf. Person means any and all persons, natural or artificial and includes any individual, firm, corporation, government agency, business trust, estate, trust, partnership, association, limited liability company, two (2) or more persons having a legally recognized joint or common interest, or other legal entity. Peedevelopment conditions means those 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. Receiving bodies of water means any water bodies, watercourses or wetlands into which surface waters flow either naturally, in manmade ditches, or in a closed conduit system. Redevelopment means the acquisition, clearance, rehabilitation, or rebuilding of an area for residential, recreational, commercial, industrial, or other purposes, including the provision of streets, utilities, parks, recreational areas, or other open spaces. Retention means the collection and storage of runoff without subsequent discharge to surface waters. Sediment means fine particulate material, whether mineral or organic, that is in suspension or has settled in a water body. Sedimentation facility means any structure or area that is designed to hold runoff water until suspended sediments have settled. Site means any tract, lot or parcel of land or combination of tracts, lots, or parcels of land which are in one (1) ownership, or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project. 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. Subdivide means to divide the ownership of a parcel of land, whether improved or unimproved, into two (2) or more contiguous lots or parcels of land, whether by reference to a plat, by metes and bounds or otherwise, or, if the establishment of a new street, easement, or right-of-way is involved, any division of a parcel of land. Vegetation means all plant growth, especially, but not limited to, trees, shrubs, vines, ferns, mosses and grasses. Draft SWM Ordnance 4 'Town of Morehead City 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, water body or drainage system. It also includes diffused surface water and water percolating, standing or flowing beneath the surface of the ground, as well as coastal waters. Water body means any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse means any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks. Watershed means a drainage area or drainage basin contributing to the flow of water into a receiving body of water. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The following three (3) conditions are necessary to define a wetland area: (1) Over fifty (50) percent of the dominant vegetation must be plants which are typically adapted for life in saturated soil conditions (hydrophytes); and (2) The soil is saturated long enough during the growing season to develop anaerobic (without oxygen) conditions that favor the growth of hydrophytes (hydric soil); and (3) There is a presence of wetland hydrology (the water table is no lower than twelve (12) inches or there is a presence of hydrologic indicators which show that water saturates the plant root system over long periods during the growing season). Sec.5. Applicability. All development and redevelopment, including, but not limited to, all single-family and duplex residential dwellings and all commercial development, constructed within the town after the effective date of this ordinance must comply with the minimum stormwater control standards outlined in Section 6. Sec. 6. Storm Water Management Standards (a) Performance standards. The proposed development, development activity, or redevelopment shall be planned, designed, constructed, and maintained to meet each of the following standards: (1) Ensure that, after development or redevelopment, runoff from the site approximates the rate of flow, volume and timing of runoff that would have Draft SWM Ordnance Town of Morehead City occurred following the same rainfall under existing conditions and, to the extent practicable, the predevelopment conditions, unless runoff is discharged into an off -site drainage facility as provided in section 6(c) (2) Maintain the natural hydrodynamic characteristics of the watershed; (3) Protect and, to the extent feasible, restore the quality of surface waters; (4) Ensure that erosion- during and after development or redevelopment is minimized; (5) Protect the beneficial functioning of wetlands as areas for the natural storage of surface waters and the chemical reduction and assimilation of pollutants; (6) Prevent increased flooding and damage that may result from improper location, construction, and design of structures in areas which are presently subject to danger from flooding; (7) Otherwise further the objectives of this ordinance. (b) Design standards. To ensure attainment of the objectives of this ordinance and to ensure that performance standards will be met, the design, construction and maintenance of drainage systems shall be consistent with the following standards: (1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead, runoff shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants. (2) 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 construction activity. Whenever possible, indigenous vegetation shall be retained and protected. Where this is not possible, suitable nature species shall be planted. (3) No grading, cutting or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, watercourses and wetlands. Clean sand shall be used for fill. The fines in the sand should be limited so that seepage and migration through it will facilitate normal drainage. The fill shall be placed so as not to interfere with the natural and normal flow of surface water nor in any way cause water to be diverted to adjacent property. Pipe culverts shall be installed under driveways to allow passage of water, if consistent with good design practices. (4) Land which has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to revegetate the area within thirty (30) days (seeding, etc.). Draft SWM Ordinance Town of Morehead City (5) Sediment shall be retained on the site of the development (6) Wetlands and other waterbodies shall not be used as sediment traps during development. (7) Erosion and sedimentation facilities shall be maintained to insure that they continue to function properly. (8) Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is low enough to prevent, or minimize to the maximum extent practicable, erosion. (9) Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body and allow for periodic flooding without damage to structures. (10) Intermittent watercourses, such as swales, will be vegetated. (11) Retention and detention 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 watercourses or wetlands at a rate and in a manner approximating the natural flow, which would have occurred before development. (12) Although the use of wetlands for storing and purifying water is encouraged, care must be taken not to overload their capacity, thereby harming the wetlands and transitional vegetation. Wetlands should not be damaged by the construction of detention ponds. (13) All development must provide appropriate infiltration to control runoff of the first two (2) inches of rainfall from all impervious surfaces on site. The design of the infiltration method must take into account the runoff from any pervious surface drainage that is directed to the infiltration site. Flow from gutters and downspouts shall be diverted, as necessary, (i.e., dry wells, porous drainpipes in rock envelopes, natural vegetation, etc.) All storage of runoff shall be accomplished so that there is a minimum of two (2) feet vertical separation between the highest seasonal water table and the bottom of the pipe or trench or dry well used for storage. (14) Runoff from parking lots shall be treated to remove oil and sediment before it enters receiving waters. (15) Stormwater shall not be discharged to the sound or a beach, except within NC Division of Water Quality, or any successor agency, guidelines. (16) Development within the area of environmental concern (AEC) adjacent to outstanding resource waters (ORW), as defined by the NC Division of Coastal Management, shall adhere to the stormwater management standards of the NC Division of Coastal Management, or any successor agency. The standards of Draft SWM Ordinance '� Town of Morehead City the NC Division of Coastal Management shall take precedence over the standards included in this ordinance, provided, however, that the developer shall also be required to adhere to the specific standards included in this ordinance that are not in conflict with the standards of the NC Division of Coastal Management. (c) Off -site drainage facilities. (1) The town may allow stormwater runoff that is associated with subdivisions that have an approved subdivision stormwater management plan in accordance with Section 7 (d), or that is otherwise of unacceptable quality or which would be discharged in volumes or at rates in excess of those otherwise allowed by this ordinance, to be discharged into drainage facilities off the site of development if each of the following conditions are met: (A) It is not practicable to completely manage runoff on the site in a manner that meets the performance standards and design standards, or if the initial subdivision stormwater management plan was designed to accommodate the runoff from the site; (B) The off -site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this chapter; (C) Adverse environmental impacts on the site of development will be minimized. (2) A request to use off -site drainage facilities and all information related to the proposed off -site facilities should be made a part of the developer's stormwater management plan. (3) The use of off -site drainage facilities shall be permitted only if easements or deed restrictions to insure continued use of the site for a drainage facility have been approved by the Town and recorded in the office of the Carteret County register of deeds. A copy of such recorded provisions shall be provided to the Town and shall be considered a condition of any approval granted under this ordinance. Sec. 7. Stormwater management plan. (a) All development and redevelopment, including, but not limited to, single-family or duplex residential dwellings, constructed within the town after the effective date of this ordinance must submit a storm water management plan that complies with the minimum stormwater control standards outlined in Section 6. The burden of proving compliance with the stormwater management standards and the cost associated with producing such proof shall be borne by the developer. (1) Exemptions. The following development activities are exempt from the stormwater management plan requirement: Draft SWM Ordinance Town of Morehead City (A) Additions or modifications to existing single family detached residential structures, if the development does not increase impervious surface by more than 1,000 square feet. (B) Any maintenance, alteration, use or improvement to an existing structure not changing or affecting quality, rate, volume or location of surface water discharge. (b) Submittal and approval. A stormwater management plan must be submitted and approved before: (1) A preliminary plat is approved; (2) An existing drainage system is altered, rerouted, or deepened; (3) A building permit is issued; (c) A professionally designed stormwater management plan, designed and sealed by a registered design professional, shall be required for all proposed development, including, but not limited to, single-family and duplex residential dwellings, with 5,000 square feet or more of impervious surface. Proposed residential projects with less than 5,000 square feet of impervious surface shall also be required to submit a stormwater management plan, however, it need not be designed nor sealed by a registered design professional, provided that, in the judgment of the planning department, the proposed storm water management system will meet the standards outlined in Section 6. REQUIREMENTS FOR STORMWATER MANAGEMENT PLANS FOR RESIDENTIAL PROJECTS WITH LESS THAN 5,000 SQUARE FEET OF IMPERVIOUS SURFACE. 1) It is the responsibility of an applicant to include in the stormwater management plan sufficient information for the town 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. 2) The stormwater management plan shall contain the name, address and telephone number of the owner and the developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as major water bodies, adjoining roads, or subdivisions shall be clearly identified by a map. 3) The conditions of the site shall be described in detail, including the following: Draft SWM Ordinance Town of Morehead City (A) The direction of flow of stormwater runoff under existing conditions; (B) A survey of the site, including topography. The survey shall be prepared by a licensed surveyor showing contours every two (2) feet. It must also show the cross section, and location of drainage ditches within the area surveyed, and the location of wetlands, and ponds. Elevation of the seasonal high water level in the ponds and wetlands shall also be shown. (C) At the discretion of the planning department, the elevation of the seasonal high water table may be required. 4) Proposed alterations of the site shall be described in detail, including: (A) Changes in topography. The proposed final elevations shall be shown in a manner that can be distinguished from the existing elevations. If there are abrupt changes in elevations, these should be clearly identified in the plans. These should be plotted on a scale that is easy to read and in a form that conveys the nature of changes that are proposed, including plans for single family and duplex residential structures; (B) Areas where vegetation will be cleared or otherwise killed. (C) Areas that will be covered with an impervious surface and a description of the surfacing material. (D) The size and location of any buildings or other structures. 5) 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: (A) The quantity of stormwater (based on a 2" rainfall design) that will be collected on the site; (B) Areas of the site to be used or reserved for percolation; (C) A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance. (D) Any other information which the developer or the town or its designated agents believes is reasonably necessary for an evaluation of the development proposal for compliance with this ordinance. REQUIREMENTS FOR STORMWATER MANAGEMENT PLANS FOR RESIDENTIAL PROJECTS WITH MORE THAN 5,000 SQUARE FEET OF IMPERVIOUS SURFACE AND FOR ALL COMMERCIAL PROJECTS Draft SWM Ordinance 10 Town of Morehead City 1) Stormwater management plans must be completed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as: professional engineers; landscape architects, to the extent that the NC General Statutes, Chapter 89A, allow; and registered land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in General Statute 89c-3(7). 2) It is the responsibility of an applicant to include in the stormwater management plan sufficient information for the town 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. 3) The stormwater management plan shall contain the name, address and telephone number of the owner and the developer. In addition, the legal description of the property shall be provided, and its location with reference to such landmarks as major water bodies, adjoining roads, or subdivisions shall be clearly 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: (A) The direction, flow rate, and volume of stormwater runoff under existing conditions; (B) A description of all watercourses, water bodies and wetlands on or adjacent to the site or into which stormwater flows. Information regarding their water quality and the current water quality classification, if any, given them by the state Department of Environment and Natural Resources (DENR) shall be included; (C) Groundwater levels, including seasonal fluctuations. (D) Location of floodplains; (E) Vegetation; (F) A survey of the site, including topography. The survey shall be prepared by a licensed surveyor showing contours every two (2) feet. It must also show a visual survey of a strip of at least ten (10) feet wide, outside and all around its perimeter. It must also show the cross section, and location of drainage ditches within the area surveyed, the location of live trees in the disturbed area with a circumference greater than 24" at a height of 36", and the location of wetlands, and ponds. The survey shall Draft SWM Ordinance 11 Town of Morehead City indicate the elevation of the seasonal high water table. Elevation of the seasonal high water level in the ponds and wetlands shall also be shown. (G) Soils, as delineated and described in the Soil Conservation Service Publications, Soil Survey of Carteret County, NC or Soil Survey of the NC Outer Banks. 5) Proposed alterations of the site shall be described in detail, including: (A) Changes in topography. The proposed final elevations shall be shown on a grid not larger than twenty five (25) feet by twenty five (25) feet in a manner that can be distinguished from the existing elevations. If there are abrupt changes in elevations, these should be clearly identified in the plans. These should be plotted on a scale that is easy to read and in a form that conveys the nature of changes that are proposed. (B) Areas where vegetation will be cleared or otherwise killed. (C) Areas that will be covered with an impervious surface and a description of the surfacing material. (D) The size and location of any buildings or other structures. 6) Predicted impacts of the proposed development on existing conditions shall be described in detail, including: (A) Changes in the incidence and duration of flooding on the site and adjoining property; (B) Impacts on wetlands, if any; (C) Impacts on vegetation (D) Certification by the owner / developer that all stormwater management construction and maintenance will be done according to plan. (E) An as -built certification signature block to be executed after completion, to be signed by the owner and the qualified stormwater design professional . 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: (A) The quantity of stormwater, based on a 2" rainfall design, that will be collected on the site; (B) Detention and retention areas, including plans for the discharge of contained waters; Draft SWM Ordinance 12 Town of Morehead City (C) Areas of the site to be used or reserved for percolation; (D) A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance. (E) Any other information which the developer or the town or its designated agents believes is reasonably necessary for an evaluation of the development proposal for compliance with this ordinance. (d) New subdivisions. The stormwater management plan for new subdivisions, regardless of proposed land use, shall include calculations of, and incorporate design features to control the total volume of storm water runoff projected after full build -out of the subdivision. (1) The catchment area shall be the entire development and any adjoining areas that drain into the development site. (2) If the projected impervious surface at full build -out of the subdivision is greater than 5,000 sq. ft., or if the subdivision is for commercial use, the stormwater management plan must be completed by a North Carolina registered professional with qualifications appropriate for the type of system required. Stormwater management plans for new subdivisions shall adhere to the requirements outlined in Section 7 (c). (3) The development of a subdivision stormwater management plan in accordance with this subsection may relieve individual lot owners of the requirement to provide the required on -site infiltration required in Section 6 (b) (13). As individual lots within a subdivision are developed, a stormwater management plan shall be required for each lot, in accordance with Section 16-7 (a). The stormwater management plan for individual lots may refer to the original subdivision stormwater management plan to meet the requirements of this ordinance, however, the building inspector may require additional on -site retention if runoff from the proposed development is not adequately controlled through the original subdivision stormwater management plan. Sec. 8. Procedures and fees. (a) Any person planning a development, as defined in this ordinance, unless exempted, shall submit a stormwater management plan to the town. (b) A permit fee will be collected at the time the stormwater management plan is submitted and will reflect the cost of administration and management of the permitting process. The town shall establish a fee schedule based upon the relative complexity of the project. The fee schedule may be amended, from time to time, by the Town Council. (c) The stormwater management plan shall not be approved unless it clearly indicates that the proposed development will meet the performance standards Draft SWM Ordinance 13 Town of Morehead City and the design standards described in section 16-6, except where a variance has been granted pursuant to section 16-11; (d) Within thirty (30) days after submission of the completed stormwater management plan, the town shall approve, with or without specified conditions or modifications, or reject the plan and shall notify the applicant accordingly. If the town has not rendered a decision within thirty (30) days after plan submission, it shall inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the town shall state its reasons. While it is not customary for the town or its designated agents to actually design an acceptable project for the applicant, it will do all it can to work with the applicant to achieve an acceptable project plan in harmony with this chapter. Projects requiring formal planning board and town board review shall not be subject to the 30 day requirement. Approval of stormwater management plans for these projects shall be determined in conjunction with the planning board's and town board's formal review process. (a) Inspections. No stormwater management plan may be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the town's building inspector or his designated agent for scheduling the following inspections: (1) Initial inspection. Prior to approval of the stormwater management plan; (2) Bury inspection. Prior to the burial of any underground drainage structure; (3) Erosion control inspection. As necessary to ensure effective control of erosion and sedimentation; (4) Finish inspection. When all work including installation of all drainage facilities has been completed. The town building inspector or his designated agent shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved stormwater management plan. Any portion of the work that does not comply shall be promptly corrected by the applicant or the applicant will be subject to the penalty provisions of section 16-12. (f) Appeals. Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce the chapter in regard to a specific application shall have the right to appeal the action to the town board of adjustment. The appeal must be filed in writing within twenty (20) days of the mailing date of the official transmittal of the final decision or determination to the applicant, and it must state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under local and state statutes. Draft SWM Ordinance 14 Town of Morehead City Sec. 9. Manual of stormwater management practices. The town adopts by reference the following published manual of stormwater management practices for the guidance of persons preparing stormwater management plans, and designing or operating drainage systems: NCDENR Stormwater Best Management Practices (April, 1999) as published by the NC Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699. This manual may be updated periodically to reflect the most current and effective practices and shall be made available to the public at the town hall during normal business hours. Sec.10. Maintenance. (a) Drainage facilities shall be dedicated to the town where they are determined by the Town Council to be appropriately a part of the town's maintained system. (b) Any private drainage systems designed to serve subdivisions, multi -family residential developments, and commercial structures shall have adequate recorded easements to permit the town to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. A copy of such recorded provisions shall be provided to the Town and shall be considered a condition of any approval granted under this ordinance. Before taking corrective action, the town shall give the owner written notice of the nature of the existing defects. If the owner fails within thirty (30) days from the date of notice to commence corrective action, and thereafter to proceed with due diligence to make all necessary corrections, and fails to appeal the matter, the town may take necessary corrective action. If the town takes necessary corrective action, the cost shall become a lien on the real property until paid, or if the property is under common ownership, such as an owners' association, the cost shall be assessed equitably among all property owners in the subdivision, multi -family residential development, and / or commercial structure . (c) The owner of the property on which work has been done pursuant to this ordinance for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, drains, structures, and other protective devices. This includes regular removal of dead trees, leaves, debris that accumulate in ponds. Such repairs or restoration and maintenance shall be in accordance with approved plans. Sec. 11 Variances The town may grant a written variance from any requirement of this ordinance using the following criteria: Draft SWM Ordinance 15 Town of Morehead City a) There are special circumstances applicable to the subject property of its intended use. A written request for variance shall be provided and shall state specific variances sought and reasons for their granting. b) A variance from the terms of this ordinance shall not be granted by the town unless, and until, it shall make a finding: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this ordinance; C. That the special conditions and circumstances do not result from the actions of the applicant; d. That the hardship is of a physical nature and not economic e. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other land, structures, or buildings in the same district. c) Additionally, the granting of the variance will not: a. Significantly increase or decrease the rate or volume of surface water runoff; b. Have a significant adverse impact on a wetland, watercourse or water body; c. Significantly contribute to the degradation of water quality; d. Otherwise significantly impair attainment of the objectives of this ordinance. d) In granting any variance, the town may prescribe appropriate conditions and safeguards in conformity with this ordinance. Sec.12. Enforcement. (a) Public Health Nuisance. Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan as required by this chapter may be deemed a public health nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. (G.S. 160A-175, 160A-193) (b) Civil 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 is subject to a civil penalty. The civil penalty shall be not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. If the violator does not pay a civil penalty assessed by the Town within 30 days after it is due, the Town may institute a civil action to recover the amount of the penalty assessed in the superior court of Carteret County. An assessed penalty that is not contested is due when the violator is Draft SWM Ordinance 16 Town of Morehead City served with a notice of violation. An assessment that is contested is due at the conclusion of the administrative and/or judicial review of the assessment (NCGS 160A-175). (c) Abatement and restoration of land. Any violator may be required to restore the land disturbed by the violator to its undisturbed condition. In such cases, the Town shall bring an action for mandatory and/or prohibitory injunction and order of abatement. Should the violator fail to restore the land in accordance with the Court's order of abatement, the Town may execute the order of abatement and levy a lien upon the property restored. (160A-175). (d) Notice of violation. When the town building inspector determines that development activity is not being carried out in accordance with the requirements of this chapter, he / she shall issue a stop work order and a written notice of Violation to the owner of the property. The notice of violation shall contain: (1) The name and address of the owner or developer (2) The street address when available or a description of the building structure, or land upon which the violation is occurring; (3) A statement specifying the nature of the violation; (4) A description of the remedial actions necessary to bring the development activity into compliance with this ordinance and a time schedule for 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 is directed; (6) A statement that the town's determination of violation may be appealed by filing a written notice of appeal with the Town's building inspector within fifteen (15) days of service of notice of violation. The notice of violation shall be served upon the person to whom it is directed in any of, or any combination of, the following methods: (a) By personal service upon the violator; (b) By mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his / her last known address. Notice shall be deemed to be received if no return is received within 10 days of the date of such mailing. (c) By posting a notice in a visible location upon the property where a violation is or was occurring. Notice of the violation shall be deemed to be received by the violator immediately upon such posting. No action, inaction, or election of remedy shall be construed as a waiver of the Town's right to enforce any part of this ordinance by any and all remedies provided herein. Draft SWM Ordinance 17 Town of Morehead City NOTE: State law reference(s)--Conservation of Natural Resources, N. C. Constitution, Article XIV, Section 5; General police power, G.S. 160A-174; Municipal regulation of land -disturbing activity, G.S. 113A-50 et seq., G.S. 143-214.7. This ordinance shall become effective immediately upon its adoption. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, Adopted this day of 2002. Town of Morehead City Draft SWM Ordinance 18 Town of Morehead City