NCS000393_Gaston Co. Stormwater Ordinance 20191204

Gaston County, North Carolina
Stormwater Ordinance
Stormwater Ordinance
For
Gaston County,
North Carolina

Gaston County, North Carolina
Stormwater Ordinance
STORMWATER ORDINANCE
FOR
GASTON COUNTY, NORTH CAROLINA
Article I
Section 1 Title
This Ordinance may be cited as the Gaston County Stormwater Ordinance.
Section 2 Purpose
This ordinance is adopted for the purposes of:
a. The stormwater management regulations of this article shall protect, maintain and
enhance the public health, safety, environment and general welfare by
establishing minimum requirements and procedures to control the adverse effects
of stormwater runoff associated with new development. Proper management of
stormwater runoff will protect property, control stream channel erosion, prevent
increased flooding associated with new development, protect floodplains,
wetlands, water resources, riparian and aquatic ecosystems, and otherwise
provide for environmentally sound use of the county's natural resources; and
b. Establishing procedures through which these purposes can be
fulfilled.
Section 3 Jurisdiction
The Gaston County Board of Commissioners hereby adopts this Ordinance. The
ordinance applies to all portions of Gaston County, except for that property within water
supply watersheds or the city limits of the incorporated municipalities of Gaston County.
However, this Ordinance may later be adopted to also apply within other regions upon
proper resolution duly adopted by the governing bodies of the respective regions and the
Commissioners. Wherever conflicts exist between federal, state, or local laws,
ordinances, or rules, the more restrictive provision shall apply.
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be
updated to take into account changes in the land area covered by this ordinance and the
geographic location of all structural SCMs permitted under this ordinance. In the event of
a dispute, the applicability of this ordinance to a particular area of land or SCM shall be
determined by reference to the North Carolina Statutes, the North Carolina Administrative
Code, and local zoning and jurisdictional boundary ordinances.
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Section 4 Definitions
As used in this ordinance, unless the context clearly indicates otherwise, the following
definitions apply:
a. Applicant - An owner or developer of a site who executes the Stormwater Permit
application pursuant to Gaston County's Stormwater Ordinance.
b. Buffer Zone - means the strip of land adjacent to a lake or natural
watercourse.
C. Connection - Any ditch, pipe, or other device for the diversion or transmission of
storm drainage, which will in any way affect the operation or maintenance of the
drainage ways.
d. Conveyance - Any feature of the landscape or earth, manmade or natural, that
carries water in a concentrated flow.
e. Detain - To store and slowly release stormwater runoff following precipitation by
means of a surface depression or tank and an outlet structure.
f. Development - Any land disturbing activity which adds to or changes the amount
of impervious or partially pervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil, or increases total runoff
from the site, other than a rebuilding activity that does not qualify as
redevelopment. Drainage structures shall include swales, channels, storm
sewers, curb inlets, yard inlets, culverts, and other structures designed or used to
convey stormwater.
g. Environmental Review Advisory Board - means the Gaston County Environmental
Review Advisory Board.
h. Einal Certificate of Occupancy - means the document required by the North
Carolina State Building Code certifying that a new building shall not be occupied
or a change made in occupancy, nature or use of a building until after all required
building and services systems have been inspected for compliance with the
technical codes and other applicable laws and ordinances and released by the
Gaston County Code Enforcement Department.
High -density Development - A project is high -density if it contains more than
twenty-four percent (24%) built -upon area or more than two dwelling units per
acre.
High Quality Waters - means those classified as such in 15A NCAC 2B.0101 (e)
(5) - General Procedures, which is incorporated herein by reference to include
further amendments.
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k.
High Quality Water (HOW) Zones - means areas in the Coastal Counties that are
within 575 feet of High Quality Waters and for the remainder of the state areas
that are within one mile and drain to HQW's
I.
Impervious Surface - Any surface that, in whole or in part, restricts or prevents
the natural absorption of water into the ground. Such surfaces may include, but
are not limited to, gravel, concrete, asphalt or other paving material, and all areas
covered by the footprint of buildings or structures.
M.
Lake or Natural Watercourse - means any stream, river, brook, swamp, sound,
bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond,
natural or impounded, in which sediment may be moved or carried in suspension,
and which could be damaged by accumulation of sediment.
n.
Land Disturbing Activity - Any use of, or operations on, the land by any person in
residential, industrial, educational, institutional, or commercial development,
including road construction and maintenance, that result in a change in the
natural cover or topography.
o.
Local Government - means any county, incorporated village, town, or city, or any
combination of counties, incorporated villages, towns, and cities, acting through a
joint program pursuant to the provisions of the Act.
P.
Low -density Development — A project is low -density if it has no more than twenty-
four percent (24%) built -upon area or no more than two dwelling units per acre.
q.
May — means contingent upon the discretion of the Gaston Natural Resources
Department Director.
r.
One-year, 24-hour storm - The surface runoff resulting from a 1 year, 24-hour
rainfall of an intensity expected to be equaled or exceeded, on average, once in
12 months and with a duration of 24-hours and 25-year, 24-hour storm means a
precipitation event that has a probable recurrence interval of once in 25 years as
determined by the National Weather Service of the National Oceanic and
Atmospheric Administration of the United States Department of Commerce.
S.
Parent - an affiliate that directly, or indirectly through one or more intermediaries,
controls another person.
t.
Person - means any individual, partnership, firm, association, joint venture, public
or private corporation, trust, estate, commission, board, public or private
institution, utility, cooperative, interstate body, or other legal entity.
U.
Plan — means a Stormwater Control Plan.
V.
Recurring Violation — means a violation that has not been corrected within the
time specified by the Gaston Natural Resources Department, or, a reoccurrence
of a violation from which a previous notice has been issued, not withstanding
natural occurrences exceeding design requirements.
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W. Retain - To capture and hold stormwater runoff following precipitation by means
of surface depression allowing the water to infiltrate into the soil, thus reducing
the hydrologic and pollution impacts downstream.
X. Shall — means a requirement.
Y. Stormwater - Any surface flow, runoff, and drainage consisting entirely of water
from rainfall events.
Z. Velocity — means the average speed of flow through the cross-section of the main
channel at the peak flow of the storm of interest. The cross-section of the main
channel shall be that area defined by the geometry of the channel plus the area of
the flow below the flood height defined by vertical lines at the main channel
banks. Overload flows are not to be included for the purpose of computing
velocity of flow.
Section 5 Scope and Exclusions
The stormwater management regulations of this article do not apply to any of the following
development activities:
a. Activities including the breeding and grazing of livestock, undertaken on
agricultural land for the production of plants and animals useful to man, including
but not limited to:
• Forages and sod crops, grains and feed crops, tobacco,
cotton and peanuts.
• Dairy animals and dairy products.
• Poultry and poultry products.
• Livestock, including beef cattle, sheep, swine, horses, ponies,
mules and goats.
• Bees and apiary products.
• Fur producing animals.
b. Activities undertaken on forestland for the production or harvesting of timber and
timber products and conducted in accordance with best management practices
as set out in Forest Practice Guidelines Related to Water Quality.
Activities for which a permit is required under the Mining Act, G.S. 74-46 et seq.
d. Commercial development on lots less than one acre that are not part of a larger
common plan of development or sale.
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e. Residential development that disturbs less than one acre, including total buildout
of the site that are not part of a larger common plan of development or sale.
Any development in which the owner has accrued a vested right. A vested right -is
recognized if either a preliminary plan has been approved by the Planning Board
that meets the required specifications and standards of Gaston County
ordinances, or a Land Disturbing Permit has been issued pursuant to Gaston
County Soil Erosion and Sedimentation Control ordinance in effect on or before
the effective date of this ordinance, and that such plan or permit remains
unexpired.
g. A party in interest to a particular plan found to have no vested right to construct or
develop on or before the effective date of this ordinance may appeal to the
Gaston County Board of Adjustment for a hearing de novo. Such hearing shall be
expedited and shall be limited to the issue of whether the landowner has a vested
right to construct or develop his site under plans submitted prior to the effective
date of this ordinance.
h. Redevelopment or expansions to uses included in the above categories are not
subject to the stormwater requirements unless it would result in an expansion of
impervious surface on commercial lots in size equal to or greater than one acre.
Section 6 Review and Decision-Makinq Entities
Gaston County Natural Resources Department will administer this ordinance. The
Director of Natural Resources will designate a Stormwater Administrator. In addition to the
powers and duties that may be conferred, the Stormwater Administrator shall have the
following powers and duties under this ordinance:
a. To review and approve or disapprove applications for approval of plans pursuant
to this ordinance.
b. To make determinations and render interpretations of this
ordinance.
C. To establish application requirements and schedules for submittal and review of
applications and appeals, to review and approve applications.
d. To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
e. To make records, maps, and official materials as relate to the adoption,
amendment, enforcement, or administration of this ordinance.
To provide expertise and technical assistance to Gaston County.
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g. To designate appropriate other person(s) who shall carry out the
powers duties of the Stormwater Administrator.
h. To take any action necessary to administer the provisions of this
ordinance.
Section 7 Review and Appeals Procedures
a. A stormwater permit is required for all development and redevelopment which
equals or exceeds one acre of disturbance for residential or commercial
development and projects less than an acre that are part of a larger common plan
of development or sale, unless exempt pursuant to this ordinance.
b. The Gaston County Board of Commissioners shall establish permit review fees.
The Gaston County Environmental Review Advisory Board shall recommend fees
and the Gaston County Natural Resources Department shall establish policies
and procedures.
For all activities which are subject to this ordinance, no person shall initiate,
proceed, or undertake any land disturbing or development activity for which a
permit is required without first being issued a written stormwater control permit.
All other required applications must be received and permits must be obtained
prior to the start of the work. These may include but are not limited to Soil Erosion
and Sedimentation Control, Flood Damage Prevention, Subdivision, Building
Permits and Inspections, NC Department of Transportation, NC DEQ - Water
Resources, US Army Corps of Engineers, and NC DEQ - Dam Safety.
d. Plan review fees shall be double the amount when activity subject to this
ordinance begins before a stormwater permit is obtained from the county. Re -
inspection fees will be charged for follow-up inspections when required, due to
deficiencies discovered upon initial routine inspections.
e. Two (2) copies of the stormwater plan submittal shall be submitted to the Natural
Resources Department for review.
The Department shall review the plan for completeness and for compliance with
the requirements of this ordinance. An incomplete or nonconforming stormwater
plan will be returned to the applicant prior to review with an explanation of issues
requiring resolution before plan review can be initiated.
g. Within forty-five (45) days of receipt of application for stormwater plan approval,
the Natural Resources Department shall take action on the plan.
h. Approval, approval with modifications, or denial of the proposed stormwater plan
shall be in writing. In the case of denial, the reasons for denial shall be clearly
stated. The applicant may appeal the decision of the Stormwater Administrator to
the Gaston County Environmental Review Advisory Board within 15 days after
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receipt of written notice of disapproval or approval with modifications. Only the
applicant can appeal the decision of the Stormwater Administrator. A condition of
plan approval will be the right to physical inspection of the drainage structures
and stormwater management measures during and after construction.
Hearings held pursuant to this section shall be conducted by the Environmental
Review Advisory Board within 30 days after the date of the appeal or request for
hearing.
The Environmental Review Advisory Board shall decide appeals within 15 days
after the date of the hearing on any stormwater plan.
k. The Environmental Review Advisory Board will conduct a hearing in the nature of
a quasi-judicial proceeding with all findings of fact supported by material
evidence.
Decisions appealing the final decision by the Environmental Review Advisory
Board may be filed in Gaston County Superior Court, to be reviewed by
proceedings in the nature of certiorari, within thirty (30) days of the final decision
of the Environmental Review Advisory Board.
M. The Stormwater Administrator shall take action on revisions to a stormwater plan
which has been previously denied, within fifteen (15) days of receipt of the revised
plan application for approval.
n. If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn,
and a new submittal for the same or substantially the same project shall be
required along with the appropriate fee and pursuant to the current standards.
o. Application for an amendment to a stormwater plan in written and graphic form
may be made at any time. Until such time that any amendment is approved by the
Stormwater Administrator, it shall be unlawful to deviate from the approved plan.
p. An approved plan shall become null and void if the applicant has failed to make
progress on the site within six months after the date of approval. The Stormwater
Administrator may grant a single, six-month extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
q. Residential High Density development plans located in unincorporated parts of
the county shall not be approved until a variance is received from the Gaston
County Planning Board.
r. Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in
the proposed development project. This consultation meeting should take place
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at the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post -construction
stormwater management measures necessary for the proposed project, as well as to
discuss and assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced.
Section 8 Penalties for Violation
a. Civil penalties may be imposed as follows:
Any person who violates any of the provisions of this article, or rules or
orders adopted or issued pursuant to this article, or who initiates or
continues a development for which a stormwater plan is required, except
in accordance with the terms, conditions and provisions of an approved
plan, is subject to a civil penalty. Each day of a continuing violation shall
constitute a separate violation. Additional fees may be charged for
remedies and enforcement of this ordinance.
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not
pay the penalty within 30 days after notice of the violation is issued by the
Stormwater Administrator. Civil penalties may be assessed up to the full
amount of penalty to which Gaston County and municipalities with
Stormwater Inter -local Agreements with Gaston County is subject for
violations of its Phase II Stormwater permit, or if no Phase II Stormwater
permit exists for the jurisdiction, civil penalties may be assessed up to the
full amount allowed by law.
No penalty shall be assessed until the applicant has been notified of the
violation by registered or certified mail, return receipt requested, or other
means reasonably calculated to give actual notice. The notice shall
describe the violation with reasonable particularity, specify a reasonable
time period within which the violation can be corrected, and warn that
failure to correct the violation within the time period will result in the
assessment of further civil penalties or other enforcement actions.
If the violation has not been corrected within the designated time period,
a civil penalty may be assessed from the date the violation is detected.
Refusal to accept the notice or failure to notify the Stormwater
Administrator of a change of address shall not relieve the violator's
obligation to pay such a penalty.
The Stormwater Administrator or other authorized agent may refuse to
issue a certificate of occupancy for any building or other improvements
constructed or being constructed on the site and served by the
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stormwater practices in question until the applicant has taken the
remedial measures set forth in the notice of violation and cured the
violations described therein.
b. Criminal Penalties: Any person violating any provisions of this Ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished in accordance
with NCGS 14-4. The maximum fine for each offense shall not exceed $500.00.
Each day that the violation continues shall constitute a separate offense.
Section 9 Permit Application and Plans
a. The stormwater permit application and plan shall refer to the drawings and
technical documentation for planned site improvements necessary to fulfill the
drainage and stormwater management requirements of this article. This shall
include but not be limited to:
Location and topographic maps with the total drainage area delineated
including both on site and off site areas and sufficient information to
define all ridges, existing streams, location of the 100-year floodplain and
floodway, drainage ways, wetland areas, existing springs, and elevation
of any proposed discharge point, and any additional information required
to evaluate the existing and proposed drainage system, which may
include a soil analysis.
Architectural and engineering drawings showing plan, profile and details
of piping, drainage structures, swales, and channels tying into a network
of pre-existing manmade or natural channels.
Written project specifications governing work
performance and materials.
Computations and assumptions sufficient to support the design of piping,
drainage structures, retention/detention ponds, and permanent erosion
control measures.
Whatever other narrative statements necessary to adequately describe
the proposed site improvements and the measures planned to comply
with the requirements of this article.
b. The stormwater permit application and plan shall be prepared by and shall bear
the seal and signature of a professional engineer or landscape architect licensed
in the state of North Carolina, competent to perform all aspects of design.
The stormwater permit application and plan shall be prepared to meet the basic
objectives and design standards for drainage and stormwater management as
described in this ordinance.
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d. The stormwater permit application and plan shall show the existing site
topography and proposed site drainage improvements in sufficient detail to
facilitate plan review and construction. The plan drawings shall be presented at a
scale no smaller than 1 inch = 50 feet.
Section 10 Maintenance Manual
a. The stormwater permit application and plan shall be accompanied by an
operations and maintenance manual. The manual shall contain a narrative
describing each installed measure and device and its design specifications. The
manual shall indicate for each installed measure and device what operation and
maintenance actions are needed and what specific quantitative criteria will be
used to determine when these actions will be taken. The manual must indicate
the steps that will be taken to restore a measure or device to the design
specifications if a failure occurs.
b. After the permit and plan is approved and installation is complete, if changes
have been made to any installed measure or device, the manual shall be revised
to reflect these changes, and such changes shall be subject to the review and
approval of the Stormwater Administrator.
Section 11 As -built Plans and Specifications
a. The designer of the stormwater control plans shall provide as -built plans of all
stormwater control and management plans showing the field location, size, depth,
and planted vegetation of all measures and devices as installed. If the previously
submitted plans remain unchanged, an as -built certification to the existing plans
will be required. No certificate of compliance or occupancy shall be issued without
said as -built plans.
b. The designer shall certify, under seal, that the as -built stormwater measures and
devices and their installation are in compliance with the County's Stormwater
Ordinance.
The designer shall submit a final electronic file of the stormwater plan that is
readable by GIS systems, geo-referenced to the NC State Plane 1983 (Feet).
Section 12 Stormwater Management Objectives
a. In order to reduce drainage related damage and hazards, adequate natural
drainage systems or stormwater management installations are required to collect
and transmit stormwater flows into either existing drainage facilities or a natural
drainage system.
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b. All storm drainage facilities shall be designed, constructed and maintained so that
adjacent properties are not unreasonably burdened with surface waters as a
result of such improvements. Specifically:
Offsite areas which drain to or across a site proposed for development
must be accommodated in the stormwater plans for the development.
The stormwater management system must be capable of conveying the
existing offsite flows through or around the development such that the
volume and rate of flow from the adjacent property is not altered. If offsite
flows are carried in the site system any detention system shall be sized to
accommodate this flow. The flow must be released to the original
drainage area.
Storm drainage facilities shall be designed to limit the discharge from the
site to the rate for the 1 year, 24 hour storm that existed prior to
development of the site. For projects that are redeveloping a developed
site, the discharge will be limited to that which occurs before any new
development. The type and location of the discharge will be as occurred
before the current development unless the discharge is to a manmade
conveyance system.
All site improvements shall be provided with a drainage system that is adequate
to prevent the undue retention of surface water on the development site.
d. These goals for discharge can be accomplished by designing, constructing and
maintaining all stormwater management installations to the extent practicable:
Avoid increases in surface runoff volume and velocity by including
measures which promote the infiltration of stormwater,
Maximize the time of concentration of stormwater runoff, and
Promote the filtration and precipitation of pollutants from stormwater
runoff in order to protect the water quality of the receiving watercourse.
e. Whenever practicable, the drainage system of a development site shall
coordinate with and connect to the drainage systems or drainage ways on
surrounding properties or streets. Permission must be received from other
applicable entities for connection.
To the extent practicable, all site improvements shall conform to the natural
contours of the land, and without disturbance, utilize the preexisting natural and
preexisting manmade drainage ways.
g. To the extent practicable, lot boundaries within subdivisions shall be made to
coincide with natural and preexisting man made drainage ways to avoid creation
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of lots that can only be built upon by altering such drainage ways.
h. Stormwater shall not be diverted from one natural drainage basin into another.
i. Stormwater shall not be channeled or directed into sanitary sewers.
j Streams shall not be relocated unless it is demonstrated that the relocation of the
stream will have a positive impact on water quality while reducing velocity. All
other applicable permits must be received.
k. High -density projects shall be required to adopt or install storm drainage facilities
pursuant to this section, paragraph b.2.
Section 13 Stormwater Management Design Standards
a. Design standards are established for the purpose of promoting sound
development practices which respect, preserve and enhance the County's
watercourses and are not intended to prohibit the use of innovative and
alternative techniques which can be demonstrated to have the potential for
successfully achieving the objectives stated in Section 1.
b. Design Storm:
The measures shall control and treat at a minimum the stormwater runoff
from the first inch of rainfall volume leaving the project site. Runoff
volume drawdown time shall be a minimum of 48 hours, but not more
than 120 hours.
All structural stormwater control measures used to meet the
requirements of this ordinance shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS).
The design of drainage facilities in flood hazard areas shall be consistent
with the requirements of Gaston County's Flood Damage Prevention
Ordinance.
The computation of stormwater runoff shall follow established
engineering practice. Acceptable methods of computation include the
Rational Method, the Peak Discharge Method as described in USDA
Technical Release Number 55 (TR-55), and USGS Regression
Equations, where applicable. If an alternate method is proposed, the
method should be described and justification for using this method should
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be provided. The same method must be used for both the pre- and post -
development conditions.
5. Runoff coefficients shall be based on full development of the project and
of the watershed to the extent of the current zoning or land use patterns,
and shall include the complete development of the site through build -out,
including roof tops and other impervious areas that may be proposed.
6. Stormwater detention shall be provided to insure that the rate of
discharge for the 1 year, 24 hour storm does not exceed the pre -
development rate of discharge. In order to demonstrate this, inflow -
outflow calculations shall also be submitted for any stormwater detention
ponds.
7. All stormwater systems shall be designed and built to route at a minimum
the 25 year 24 hour storm safely.
Sectionl4: Stormwater Design Manual
The Gaston County Natural Resources Department may furnish additional guidance and
standards for the proper implementation of the regulations of this article and may provide
such information in the form of a Stormwater Design Manual. Stormwater management
practices that are designed, constructed, or maintained in accord with the Stormwater
Design Manual must be presumed to comply with these regulations. However, the
Stormwater Administrator shall have the right to consult other engineers and duly qualified
professionals, and to impose any conditions or require any modifications deemed
necessary to meet the purpose, intent and requirements of this ordinance.
Section 15 Construction of Stormwater Management Structures
a. Stormwater management facilities shall be constructed in accordance with
approved plans and maintained in proper working condition. The
applicant/property owner is responsible for ensuring that the construction of
drainage structures and stormwater control measures are completed in
accordance with the approved plan and specifications. Inspections which may be
performed by Gaston County during construction will not relieve the developer of
the responsibility to install stormwater control measures and drainage facilities in
accordance with the approved plan.
b. In response to a complaint, or as a compliance check with the requirements of
the ordinance, the Stormwater Administrator or the designee shall perform a
physical inspection of the construction of drainage structures and stormwater
control measures, or monitor long term maintenance procedures.
The property owner will be notified in writing of any substandard and/or
nonconforming work identified by the Stormwater Administrator. The notification
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shall state the specific work that is out of compliance, the specific reasons for
noncompliance, and the corrective measures necessary to bring the work into
compliance.
d. Failure of the property owner or developer to correct substandard and/or
nonconforming work identified by the Stormwater Administrator shall be sufficient
reason to refuse any action or services such as, but not limited building permits,
or occupancy permits for buildings serviced by said work. Appeals on
determination of nonconforming or substandard work and/or the adequacy of the
corrective measures executed shall be made in accordance with Section 2, of this
ordinance. Pending the ruling on the appeal, the determination of the Stormwater
Administrator remains in effect.
e. Revisions which affect the intent of the design or the capacity of the system shall
require prior written approval by the Stormwater Administrator.
Section 16 Performance Security for Installation
a. Gaston County will require the submittal of a surety performance bond made by a
surety bonding company licensed and authorized to do business in North
Carolina, a bond of the owner/developer with an assignment to the county of a
certificate of deposit as security for the bond, a bond of the owner/developer by
an official bank check drawn in favor of the county and deposited with the county,
or cash or an irrevocable letter of credit deposited with the county prior to issue of
a permit in order to ensure that the stormwater control measure is installed by the
developer and functions as required by the approved stormwater plan.
b. The amount of an installation performance security shall be the total estimated
construction cost of the stormwater control measure and devices approved under
the permit, plus 25%. Bonds may be reviewed 24 months after issuance and
subsequent 24 month periods.
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or maintain
any actions which may be required of the applicant in accordance with this
ordinance.
d. Upon default of the applicant to construct, maintain, repair, and if necessary
reconstruct any stormwater control measure in accordance with the applicable
permit, the Stormwater Administrator shall obtain and use all or any portion of the
security to make necessary improvements based on an engineering estimate.
Such expenditure of funds shall only be made after requesting the applicant to
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comply with the permit. In the event of a default triggering the use of installation of
performance security, Gaston County shall not return any of the unused
deposited cash funds or other security, which shall be retained for maintenance.
e. If Gaston County takes action upon such failure by the applicant, Gaston
County may collect the difference should the amount of the reasonable cost of
such action exceed the amount of the security held. This difference will be
collected from the applicant.
Not withstanding default, within sixty (60) days of the expiration of the guarantee,
the installation performance security shall be refunded to the applicant or
terminated.
Section 17 Completion
The property owner/developer is responsible for completing all stormwater improvements
in accordance with the requirements of this article and other applicable ordinance and
laws.
Section 18 Assurance that Improvements will be Maintained
All stormwater improvements must be maintained so they will continue to serve their
intended functions.
a. The developer must maintain stormwater improvements until accepted by a
property owners association or lot owner. The developer must disclose which
party will be responsible for continued maintenance on the record plat and on the
stormwater management plan. The developer will be responsible for the
installation, operations, and maintenance of the stormwater control measures
until ownership is conveyed. The responsibility and agreement for operations and
maintenance for the stormwater system is transferred with title, as each property
is conveyed. The developer will guarantee the stormwater improvements for 2
years after transfer of ownership.
b. Before improvements are accepted for maintenance by the property owners
association or lot owner, the developer or the developer's engineer or landscape
architect, must certify to the property owners association or lot owner and to the
County that improvements are complete and functioning as designed.
The developer must record, and reference on the record plat, an operations and
maintenance plan that instructs the property owners association or lot owner
about the required operations and maintenance tasks.
d. The person responsible for maintenance of any stormwater control measure or
feature installed pursuant to this ordinance shall submit to the Stormwater
Administrator an inspection report annually from a qualified registered North
Carolina professional engineer, surveyor, or landscape architect performing
services only in their area of competence. The report shall contain the following:
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The name and address of the land owner.
The recorded book and page number of the lot of each stormwater
control measure.
A statement that an inspection was made of all stormwater control
measures and features.
The date the inspection was made.
A statement that all inspected measures and features are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance.
The signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built
certification. It will be the responsibility of the property owners association
or lot owner to update the plan annually.
e. The developer must record, and reference on the record plat, a maintenance
agreement, or restrictive covenant that sets forth the property owners
association's or lot owner's continuing responsibilities for maintenance, including
specifying how cost will be apportioned among lot owners served.
f. The maintenance agreement must provide that the association and its individual
members are jointly and sever ably liable for maintenance.
g. The developer must record easements for access, maintenance, inspections and
conduct monitoring or other activities approved by the Stormwater Administrator
by any property owners association and by the Gaston County Government and
or the municipality.
i. All maintenance documents required by this article must be submitted to the
Stormwater Administrator before record plat approval, and such documents must
be referenced on the record plat, or, in the case of single -lot developments not
requiring record plats, documentation must be submitted to the Stormwater
Administrator before building permit issuance. This ordinance shall be effective
upon adoption.
j. Gaston County or the municipality may create special tax assessments for
residential subdivisions to fund maintenance. Municipalities may choose to fund
maintenance for stormwater systems through their respective stormwater utilities.
k. Municipalities within Gaston County may have additional requirements such as
maintenance escrow accounts, additional design standards and vested rights
claims.
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Gaston County, North Carolina
Stormwater Ordinance
Article II
Section 19 Illicit Discharges and Connections
a. Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, waters of the State,
or upon the land in manner and amount that the substance is likely to reach a
stormwater conveyance or the waters of the State, any liquid, solid, gas, or other
substance other than stormwater; provided that they do not significantly impact
water quality. The Following discharges are allowable:
1. Water line flushing;
2. Landscape irrigation;
3. Diverted stream flows;
4. Rising ground waters;
5. Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
6. Uncontaminated pumped ground water;
7. Discharges from potable water sources
8. Foundation drains;
9. Air conditioning condensation;
10. Irrigation water;
11. Springs;
12. Water from crawl space pumps
13. Footing drains;
14. Lawn watering;
15. Individual residential car washing;
16. Flows from riparian habitats and wetlands;
17. Dechlorinated swimming pool discharges;
18. Street wash water; and
19. Other non-stormwater discharges for which a valid NPDES discharge
permit has been approved and issued by the state of North Carolina, and
provided that any such discharges to the municipal separate storm sewer
system shall be authorized by Gaston County or municipality.
Prohibited substances include but are not limited to: oil, anti -freeze, chemical,
animal waste, paints, garbage, and litter.
b. Illicit Connections
Connections to a stormwater conveyance or stormwater conveyance
system that allow the discharge of non-stormwater, other than the
exclusions described in section 18 above, are unlawful. Prohibited
connections include, but are not limited to: floor drains, waste water from
washing machines or sanitary sewers, wash water from commercial
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Gaston County, North Carolina
Stormwater Ordinance
vehicle washing or steam cleaning, and waste water from septic systems.
Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any other
ordinance prohibiting such connections, the property owner or person
using said connection shall remove the connection within one year
following the effective date of this ordinance. However, the one-year
grace period shall not shall not apply to connections which may result in
the discharge of hazardous material or other discharges which pose and
immediate threat to health and safety, or are likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife, or
habitat.
Where it is determined that said connection:
i. May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in
immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or
ii. Was made in violation of any applicable regulations or ordinance,
other than this section;
The non-stormwater connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into consideration:
i. The quantity and complexity of the work,
ii. The consequences of delay,
iii. The potential harm to the environment, to public health, and to
public and private property, and
iv. The cost of remedying the damage.
Spills
Spills or leaks of polluting substances released, discharged to, or having
the potential to be released or discharged to a stormwater conveyance
system, shall be contained, controlled, collected, and properly disposed.
All affected areas shall be restored to preexisting conditions.
Persons in control of the polluting substances and persons owning the
property on which the substances were released or discharged shall
immediately notify Gaston County Emergency Management of the
release or discharge, as well as making any required notifications under
state and federal law. Notification shall not relieve any person of any
expenses related to restoration, loss, damage, or any other liability which
may be incurred as a result of said spill or leak, nor shall such notification
relieve any person from other liability which may be imposed by State or
other law.
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Gaston County, North Carolina
Stormwater Ordinance
Nuisance
Illicit discharges and illicit connections which exist within the jurisdiction of
Gaston County and this provision are hereby found, deemed and
declared to be dangerous or prejudiced to public health or public safety
and are found, deemed, and declared to be public nuisances.
Section 19 Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all
other sections shall nevertheless continue in full force and effect.
Section 20 Effective Date
This ordinance shall become effective on the 1 st day of July 2007.
File: T:\StormWater\Ordinances\Draft Gaston Stormwater Ordinance 07-16-2007.mword
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