NCS000422_Draft SW Ordinance_20200218

ORDINANCE NO.
AN ORDINANCE TO AMEND SECTION 8.2 (The Phase II Stormwater Ordinance) OF
APPENDIX A (The Land Use Code) OF THE CODE OF ORDINANCES OF THE TOWN OF
BLACK MOUNTAIN
BE IT ORDAINED BY THE TOWN OF BLACK MOUNTAIN BOARD OF ALDERMEN
THAT:
Section 8.2 of Appendix A (The Land Use Code) of the Code of Ordinances is repealed in its
entirety, and Appendix A of the Code of Ordinances is further amended to add the following new
Section:
SECTION 8.2 — THE PHASE II STORMWATER ORDINANCE
8.2.1 - PURPOSE
(A) General. The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post development stormwater runoff
and nonpoint and point source pollution associated with new development and
redevelopment as well as illicit discharges into municipal stormwater systems. It has been
determined that proper management of post -development stormwater runoff will minimize
damage to public and private property and infrastructure; safeguard the public health, safety,
and general welfare; and protect water and aquatic resources.
The ordinance seeks to meet the requirements for the town's National Pollutant Discharge
Elimination System (NPDES) Permit.
This ordinance seeks to meet its general purpose through the following specific objectives
and means:
(1) Establishing decision -making processes for development that protect the integrity of
watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the predevelopment
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and point
source pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality;

(4) Establishing design and review criteria for the construction, function, and use of
structural stormwater SCMs that may be used to meet the minimum post -
development stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as the use
of vegetated conveyances for stormwater and the preservation of greenspace, riparian
buffers and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater SCMs to ensure that they continue to function
as designed, are maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects,
and to assure appropriate long-term maintenance.
(8) Coordinating site design plans that include open space with the subdivision ordinance
requirements for open space with the zoning administrator or Planning Board if
required.
(9) Assigning responsibility and processes for approving the creation and maintenance of
adequate drainage measures.
8.2.2 - APPLICABILITY AND JURISDICTION OF THIS ORDINANCE
(A) General. Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment occurring in within the corporate limits of
the Town of Black Mountain, unless exempt pursuant to section 8.2.2 (C) of this Section,
Exemptions.
(B)Activity Threshold Requiring a Stormwater Permit. A stormwater permit is required for any
development and redevelopment which results in a cumulative disturbance of more than
5,000 square feet of land or increases impervious surface area by a net amount of 5,000
square feet or more if the project has less than or equal to one -acre of cumulative
disturbance.
All phased developments must achieve post -construction requirements at the completion of
each phase unless otherwise approved by the Stormwater Administer.
(C) Exemptions.
(1) Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) are exempt from the provisions of this ordinance.

(2) Development which cumulatively disturbs less than 5,000 square feet of land and is
not part of a larger common plan of development does require a stormwater permit.
(3) Pre-existing development or development activities that do not remove or decrease
existing stormwater controls shall not be required to install new or increased
stormwater controls.
(4) When a pre-existing development is redeveloped, either in whole or in part, increased
stormwater controls shall only be required for the amount of impervious surface being
created that exceeds the amount of impervious surface that existed before
redevelopment.
(5) Development activities within the town's designated historic district.
(D)No Development or Redevelopment Until Compliance and Permit. No development or
redevelopment shall occur except in compliance with the provisions of this ordinance unless
exempted. No development for which a permit is required pursuant to this ordinance shall
occur except in compliance with the provisions, conditions, and limitations of the permit.
(E) Map. 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.
8.2.3 - INTERPRETATION
(A) Meaning and Intent. All provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific purposes set forth in
section 8.2.1, Purpose and also defined in section 8.2.28. If a different or more specific
meaning is given for a term defined elsewhere in Town of Black Mountain Code of
Ordinance, the meaning and application of the term in this ordinance shall control for
purposes of application of this ordinance.
(B) Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the text
of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall
control
(C)Authority for Interpretation. The Stormwater Administrator has authority to determine the
interpretation of this ordinance. Any person may request an interpretation by submitting a
written request to the Stormwater Administrator, who shall respond in writing within 30
days. The Stormwater Administrator shall keep on file a record of all written interpretations
of this ordinance.

(D)References to Statutes, Regulations, and Documents. Whenever reference is made to a
resolution, ordinance, statute, regulation, manual (including the Design Manual), or
document, it shall be construed as a reference to the most recent edition of such that has been
finalized and published with due provision for notice and comment, unless otherwise
specifically stated.
(E) Computation of Time. The time in which an act is to be done shall be computed by excluding
the first day and including the last day. If a deadline or required date of action falls on a
Saturday, Sunday, or holiday observed by the Town of Black Mountain, the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or holiday
observed by the Town of Black Mountain. References to days are calendar days unless
otherwise stated.
(F) Delegation ofAuthority. Any act authorized by this Ordinance to be carried out by the
Planning Director of Town of Black Mountain may be carried out by his or her designee as
Stormwater Administrator.
8.2.4 - DESIGN MANUAL
(A)Reference to Design Manual. The Stormwater Administrator shall use the policy, criteria,
and information, including technical specifications and standards, in the Design Manual as
the basis for decisions about stormwater permits and about the design, implementation and
performance of structural and non-structural stormwater SCMs.
The Design Manual includes a list of acceptable stormwater treatment practices, including
specific design criteria for each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will
be presumed to meet the minimum water quality performance standards of the Phase II laws.
(B) Relationship of Design Manual to Other Laws and Regulations. If the specifications or
guidelines of the Design Manual are more restrictive or apply a higher standard than other
laws or regulations, that fact shall not prevent application of the specifications or guidelines
in the Design Manual.
(C) Changes to Standards and Specifications. If the standards, specifications, guidelines,
policies, criteria, or other information in the Design Manual are amended subsequent to the
submittal of an application for approval pursuant to this ordinance but prior to approval, the
new information shall control and shall be utilized in reviewing the application and in
implementing this ordinance with regard to the application.
(D)Amendments to Design Manual. The Design Manual may be updated and expanded from
time to time, based on advancements in technology and engineering, improved knowledge of
local conditions, or local monitoring or maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be generally
publicized and made available for review, and an opportunity for comment by interested
persons shall be provided.

8.2.5 - RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws. This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this ordinance are in addition
to the requirements of any other ordinance, rule, regulation or other provision of law.
Where any provision of this ordinance imposes restrictions different from those imposed by
any other ordinance, rule, regulation or other provision of law, whichever provision is more
restrictive or imposes higher protective standards for human or environmental health, safety,
and welfare shall control.
(B) Private Agreements. This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of this ordinance are
more restrictive or impose higher standards or requirements than such an easement, covenant,
or other private agreement, the requirements of this ordinance shall govern. Nothing in this
ordinance shall modify or repeal any private covenant or deed restriction, but such covenant
or restriction shall not legitimize any failure to comply with this ordinance. In no case shall
Town of Black Mountain be obligated to enforce the provisions of any easements, covenants,
or agreements between private parties.
8.2.6 - SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance
shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
8.2.7 - EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A)Effective Date. This Ordinance shall take effect on December 1, 2019.
(B) Final Approvals, Complete Applications. All development and redevelopment projects for
which complete and full applications were submitted and approved by the Town of Black
Mountain prior to the effective date of this ordinance and which remain valid, unexpired,
unrevoked and not otherwise terminated at the time of development or redevelopment shall
be exempt from complying with all provisions of this ordinance dealing with management of
post -construction runoff, but shall be required to comply with all other applicable provisions,
including but not limited to illicit discharge provisions. If previously approved SCMs are not
maintained as approved and regulated by the stormwater ordinance in effect at the time of
their approval, such LCMs must be made to comply with this ordinance to the greatest extent
possible when repaired or brought into compliance.
A phased development plan shall be deemed approved prior to the effective date of this
ordinance if it has been approved by all necessary government units, it remains valid,
unexpired, unrevoked and not otherwise terminated, and it shows:

(1) For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and a
subdivision plan that has been approved.
(2) For any subsequent phase of development, sufficient detail so that implementation of
the requirements of this ordinance to that phase of development would require a
material change in that phase of the plan.
(C) Violations Continue. Any violation of provisions existing on the effective date of this
ordinance shall continue to be a violation under this ordinance and be subject to penalties
and enforcement under this ordinance unless the use, development, construction, or other
activity complies with the provisions of this ordinance.
SECTION 2: ADMINISTRATION AND PROCEDURES
8.2.8 - REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator.
(1) Designation. A Stormwater Administrator shall be designated by the Planning
Director to administer and enforce this ordinance in whole or in part, at the Planning
Director's discretion.
(B) Powers and Duties. In addition to the powers and duties that may be conferred by other
provisions of the Town of Black Mountain Code of Ordinances and other laws, the
Stormwater Administrator shall have the following powers and duties under this ordinance:
(1) To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this ordinance.
(3) To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
(4) To maintain records, maps, forms and other official materials as related to the
adoption, amendment, enforcement, and administration of this ordinance.
(5) To provide expertise and technical assistance to the Town of Black Mountain Board
of Alderman, upon request.
(6) To designate appropriate other person(s) who shall carry out the powers and duties of
the Stormwater Administrator.

(7) To take any other action necessary to administer the provisions of this ordinance.
8.2.9 - REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit. A stormwater permit is required for all
development and redevelopment unless exempt pursuant to this ordinance. A permit may
only be issued subsequent to a properly submitted and reviewed permit application, pursuant
to this section. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural SCMs and
elements of site design for stormwater management other than structural SCMs.
The permit is intended to provide a mechanism for the review, approval, and inspection of
the approach to be used for the management and control of stormwater for the development
or redevelopment site consistent with the requirements of this ordinance, whether the
approach consists of structural SCMs or other techniques such as low -impact or low -density
design. The permit does not continue in existence indefinitely after the completion of the
project; rather, compliance after project construction is assured by the maintenance
provisions of this ordinance.
(B)Authority to File Applications. All applications required pursuant to this Code shall be
submitted to the Stormwater Administrator by the land owner or the land owner's duly
authorized agent.
(C) Establishment of Application Requirements, Schedule, and Fees.
(1) Application Contents and Form. The Stormwater Administrator shall establish
requirements for the content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post -development stormwater runoff will be
controlled and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this ordinance.
(2) Submission Schedule. The Stormwater Administrator shall establish a submission
schedule for applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is adequate time
to review applications, and that the various stages in the review process are
accommodated.
(3) Permit Review Fees. The Town of Black Mountain Board of Alderman shall establish
permit review fees as well as policies regarding refund of any fees upon withdrawal
of an application, and may amend and update the fees and policies from time to time.
(4) Administrative Manual. For applications required under this ordinance, the
Stormwater Administrator shall compile the application requirements, submission

schedule, fee schedule, a copy of this ordinance, and information on how and where
to obtain the Design Manual in an Administrative Manual, which shall be made
available to the public.
(D) Submittal of Complete Application. Applications shall be submitted to the Stormwater
Administrator pursuant to the application submittal schedule in the form established by the
Stormwater Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of
a complete application pursuant to this ordinance, along with the appropriate fee. If the
Stormwater Administrator finds that an application is incomplete, the applicant shall be
notified of the deficient elements and shall be provided with an opportunity to submit a
complete application. However, the submittal of an incomplete application shall not suffice
to meet a deadline contained in the submission schedule established above.
(E) Review. Within fifteen (15) working days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine whether the application
complies with the standards of this ordinance.
(1) Approval. If the Stormwater Administrator finds that the application complies with
the standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval as
needed to ensure compliance with this ordinance. The conditions shall be included as
part of the approval.
(2) Fails to Comply. If the Stormwater Administrator finds that the application fails to
comply with the standards of this ordinance, the Stormwater Administrator shall
notify the applicant and shall indicate how the application fails to comply. The
applicant shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review. A complete revised application shall be reviewed
by the Stormwater Administrator within fifteen (15) working days after its re -
submittal and shall be approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) 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 for a new submittal.
One re -submittal of a revised application may be submitted without payment of an
additional permit review fee. Any re -submittal after the first re -submittal shall be
accompanied by a permit review fee additional fee, as established pursuant to this
ordinance.
8.2.10 - APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting Required. Before a stormwater management permit

application is deemed complete, the Stormwater Administrator or developer shall 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
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. Local watershed plans, the town's
Comprehensive Plan and Land Use Code, and other relevant resource protection plans should
be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan,
which should be submitted in advance of the meeting:
(1) Existing Conditions /Proposed Site Plans. Existing conditions and proposed site
layout sketch plans, which illustrate at a minimum: existing and proposed
topography; perennial and intermittent streams; mapping of predominant soils from
soil surveys (if available); boundaries of existing predominant vegetation; proposed
limits of clearing and grading; and location of existing and proposed roads, buildings,
parking areas and other impervious surfaces.
(2) Natural Resources Inventory. A written or graphic inventory of natural resources at
the site and surrounding area as it exists prior to the commencement of the project.
This description should include a discussion of soil conditions, forest cover, geologic
features, topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation areas
such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking
water well setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or constraints
for development and stormwater management.
(3) Stormwater Management System Concept Plan. A written or graphic concept plan of
the proposed post -development stormwater management system including:
preliminary selection and location of proposed structural stormwater controls; low -
impact design elements; location of existing and proposed conveyance systems such
as grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of any proposed stream channel
modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application. The stormwater management permit
application shall detail how post development stormwater runoff will be controlled and
managed and how the proposed project will meet the requirements of this ordinance,
including Section 8.2.13, Standards. All such plans shall be prepared by a qualified registered
North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the
engineer, surveyor, soil scientist or landscape architect shall perform services only in their

area of competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the designs and
plans are sufficient to comply with applicable standards and policies found in the Design
Manual, and that the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated pursuant
to Section 8.2.9 (D).
(C)As-Built Plans and Final Approval. Upon completion of a project, and before a certificate of
occupancy shall be granted, the applicant shall certify that the completed project is in
accordance with the approved stormwater management plans and designs, and shall submit
actual "as built" plans for all stormwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stormwater management facilities
and practices and the field location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. The designer of the stormwater management measures and
plans shall certify, under seal, that the as built stormwater measures, controls, and devices are
in compliance with the approved stormwater management plans and designs and with the
requirements of this ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance securities.
(D) Other Permits. No certificate of compliance or occupancy shall be issued by the Building
Inspector without final as -built plans and a final inspection and approval by the Stormwater
Administrator, except where multiple units are served by the stormwater practice or facilities,
in which case the Building Inspector may elect to withhold a percentage of permits or
certificates of occupancy until as -built plans are submitted and final inspection and approval
has occurred.
8.2.11 - APPROVALS
(A)Effect of Approval. Approval authorizes the applicant to go forward with only the specific
plans and activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and federal
authorities.
(B) Time Limit/Expiration. An approved plan shall become null and void if the applicant fails to
make substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the expiration of the
approved plan.
In granting an extension, the Stormwater Administrator may require compliance with
standards adopted since the original application was submitted unless there has been
substantial reliance on the original permit and the change in standards would infringe the

applicant's vested rights.
8.2.12 - APPEALS
(A)Right of Appeal. Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the Zoning Board of Adjustment within 30
days.
SECTION 3: STANDARDS
8.2.13 - GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section.
8.2.14 - DEVELOPMENT STANDARDS FOR ALL PERMITED PROJECTS
High and low density projects shall comply with each of the following standards requiring a
stormwater permit:
(A) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable.
(B) Project sites must employ low impact development (LID) practices to analyze the
infiltration capacity of natural drainage of the site and develop a system of
controls which mimic the existing, natural hydrology and which cumulatively
capture and treat the runoff from the first inch of rainfall. LID practice may
include any combination of site design techniques, and SCMs to store, infiltrate,
evaporate, retain and detain runoff on the site to more closely replicate the pre -
development runoff thereby limiting the increase in pollutant loads caused by
development.
(C) All built -upon area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water shall be
deemed present if the feature is approximately shown on either the most recent
version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture (USDA) or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are not present in accordance
with the provisions of 15A NCAC 2B .0233 (3) (a) or similar site -specific
determination made using Division -approved methodology. Encroachment
allowances may be made as described in 4.3.2.
(D) The approval of the stormwater permit shall require an enforceable restriction on

property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
(E) The measures shall control and treat runoff from the first inch of rain. Runoff
volume drawdown time shall be a minimum of 48 hours, but not more than 120
hours.
(F) All structural stormwater treatment systems used to meet these requirements shall
be designed to have a minimum of 85% average annual removal for Total
Suspended Solids (TSS);
(G) General engineering design criteria for all projects shall be in accordance with
15A NCAC 2H .1008(c), as explained in the Design Manual;
8.2.15 - STANDARDS FOR STORMWATER CONTROL MEASURES
Owners of property subject to this ordinance and required to install structural stormwater control
measures shall implement those measures in compliance with each of the following standards:
(A) Evaluation According to Contents of Design Manual. All stormwater control
measures and stormwater treatment practices (also referred to as Stormwater
Control Measures, or SCMs) required under this ordinance shall be evaluated by
the Stormwater Administrator according to the policies, criteria, and information,
including technical specifications and standards and the specific design criteria for
each stormwater practice, in the Design Manual. The Stormwater Administrator
shall determine whether proposed SCMs will be adequate to meet the
requirements of this ordinance. It is presumed that all standards in the Design
Manual will result in a minimum of 85% average annual removal of Total
Suspended Solids.
(B) Determination ofAdequacy; Presumptions and Alternatives. Stormwater
treatment practices that are designed, and constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance standards
of this ordinance. Whenever an applicant proposes to utilize a practice or
practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this ordinance. The Stormwater Administrator
may require the applicant to provide the documentation, calculations, and
examples necessary for the Stormwater Administrator to determine whether such
an affirmative showing is made.
(C) Whenever LID practices are not achievable, or have not been demonstrated, the

measures controlling the final runoff from the site shall control and treat the
difference in stormwater runoff volume leaving the project site between pre and
post -development conditions for a minimum rate of 25 year, 24-hour storm as
determined by NOAA.
(D) Peak stormwater runoff rates shall be controlled for all development at or
exceeding 24 percent built upon area or high density projects as defined by this
ordinance, for both LID and conventional approaches. The peak stormwater
runoff release rates leaving the site during post -construction conditions shall be
equal to or less than the pre -development peak stormwater runoff release rates for
the one-year frequency, 24-hour duration storm event as determined by NOAA
data for Black Mountain. The emergency overflow and outlet works for any pond
or wetland constructed as a stormwater SCM shall be capable of safely passing a
discharge with a minimum recurrence frequency of 50 years. For detention basins,
the temporary storage capacity shall be restored within 72 hours. Requirements of
the Dam Safety Act shall be met when applicable.
(E) No single SCM shall receive runoff from an area greater than three acres,
however the total drainage area from SCMs used in a series may exceed this
maximum.
(F) In addition to the standards for handling stormwater set out in the design manual,
development and redevelopment that drains in whole or part to trout waters (class
TR) waters shall design and implement the best stormwater practices that do not
result in a sustained increase in receiving water temperature, while still meeting
the other requirements of this ordinance.
(G) In addition to the standards for stormwater handling set out in the design manual,
development and redevelopment that drains in whole or part to nutrient sensitive
waters (class NSW) shall design and implement the best stormwater practices that
reduce nutrient loading, while still meeting the other requirements of this
ordinance.
(H) Separation from Seasonal High Water Table. For SCMs that require a separation
from the seasonal high-water table, the separation shall be provided by at least 12
inches of naturally occurring soil above the seasonal high-water table.
8.2.16 - VARIANCES
(A) Any person may petition the Town of Black Mountain for a variance granting permission to
use the person's land in a manner otherwise prohibited by this ordinance. The Town of Black
Mountain may impose reasonable and appropriate conditions and safeguards upon any
variance it grants. To qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.

(2) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial
justice.
(B) Statutory exceptions. Notwithstanding subsection (A) of this section, exceptions from the 30-
foot landward location of built -upon area requirement as well as the deed restrictions and
protective covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects
on aquatic life and habitat, and protect water quality to the maximum extent
practicable through the use of SCMs.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it
is located, designed, constructed, and maintained to minimize disturbance,
provide maximum nutrient removal, protect against erosion and sedimentation,
have the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of SCMs.
A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of the
proposed activity and all alternative designs, the basic project purpose cannot
be practically accomplished in a manner which would avoid or result in less
adverse impact to surface waters.
2. The stormwater runoff from the entire impervious area of the development is
collected, treated and discharged so that it pass through a segment of the
vegetative buffer and is managed so that it otherwise complies with all
applicable state and federal stormwater management requirements.
8.2.17 - ONSITE WASTEWATER
(A) Operation and Maintenance Requirements. New and replaced onsite systems for domestic
wastewater installed after the effective date of this ordinance shall be subject to the operation
and maintenance requirements of the Buncombe County Environmental Health Department.

(B) Standards for Operation and Maintenance. Onsite systems for domestic wastewater shall be
operated and maintained so as to avoid adverse effects on surface water and groundwater.
Operation and maintenance of onsite systems for domestic wastewater shall be in accordance
with the standards of the Buncombe County Environmental Health Department.
(C) Enforcement. The Buncombe County Environmental Health Department shall be responsible
for the enforcement of the installation, operation and maintenance standards for onsite
systems for domestic wastewater within the limits of the town.
SECTION 4: MAINTENANCE
8.2.18 - GENERAL STANDARDS FOR MAINTENANCE OF SCMS
(A)Function ofSCMs as Intended. The owner of each structural SCM installed pursuant to this
ordinance shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of function for which the
structural SCM was designed.
(B) Annual Maintenance Inspection and Report. The person responsible for maintenance of any
structural SCM installed pursuant to this ordinance shall submit to the Stormwater
Administrator an inspection report from one of the following persons performing services
only in their area of competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect. The inspection report shall contain all of the following:
(1) The name and address of the landowner;
(2) The recorded book and page number of the lot of each structural SCM;
(3) A statement that an inspection was made of all structural SCMs;
(4) The date the inspection was made;
(5) A statement that all inspected structural SCMs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this ordinance; and
(6) The original 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 at date established and enforced by the Planning Department
each year following.
8.2.19 - OPERATION AND MAINTENANCE AGREEMENT

(A) In General. Prior to the conveyance or transfer of any lot or building site to be served by a
structural SCM pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a structural SCM pursuant to this ordinance, the
applicant or owner of the site must execute an operation and maintenance agreement that
shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels
served by the structural SCM. Until the transference of all property, sites, or lots served by
the structural SCM, the original owner or applicant shall have primary responsibility for
carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain,
repair and, if necessary, reconstruct the structural SCM, and shall state the terms, conditions,
and schedule of maintenance for the structural SCM. In addition, it shall grant to Town of
Black Mountain a right of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the
structural SCM; however, in no case shall the right of entry, of itself, confer an obligation on
Town of Black Mountain to assume responsibility for the structural SCM. The operation and
maintenance agreement must be approved by the Stormwater Administrator prior to plan
approval, and it shall be referenced on the final plat and shall be recorded with the county
Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement
shall be given to the Stormwater Administrator within fourteen (14) days following its
recordation.
(B) Special Requirement for Homeowners' and Other Associations. For all structural SCMs
required pursuant to this ordinance and that are to be or are owned and maintained by a
homeowners' association, property owners' association, or similar entity, the required
operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for sediment
removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the structural SCMs. If structural SCMs are not performing
adequately or as intended or are not properly maintained, the Town of Black
Mountain, in its sole discretion, may remedy the situation, and in such instances
the Town of Black Mountain shall be fully reimbursed from the escrow account.
Escrowed funds may be spent by the association for sediment removal, structural,
biological or vegetative replacement, major repair, and reconstruction of the
structural SCMs, provided that the Town of Black Mountain shall first consent to
the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the escrow
account. Prior to plat recordation or issuance of construction permits, whichever
shall first occur, the developer shall pay into the escrow account an amount equal
to fifteen (15) per cent of the initial construction cost of the structural SCMs.

Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited
into the escrow account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the structural
SCMs. Funds shall be deposited each year into the escrow account. A portion of
the annual assessments of the association shall include an allocation into the
escrow account. Any funds drawn down from the escrow account shall be
replaced in accordance with the schedule of anticipated work used to create the
sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow
account may be varied by the Town of Black Mountain depending on the design
and materials of the stormwater control and management facility.
(5) Granting to the Town of Black Mountain a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural SCMs.
(6) Allowing the Town of Black Mountain to recover from the association and its
member's any and all costs the Town of Black Mountain expends to maintain or
repair the structural SCMs or to correct any operational deficiencies. Failure to
pay the Town of Black Mountain all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. In case of a deficiency,
the Town of Black Mountain shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both. Interest, collection
costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Town of Black Mountain
to maintain or repair any structural SCMs, and the Town of Black Mountain shall
not be liable to any person for the condition or operation of structural SCMs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict
the right of the Town of Black Mountain to enforce any of its ordinances as
authorized by law.
(9) A provision indemnifying and holding harmless the Town of Black Mountain for
any costs and injuries arising from or related to the structural SCM, unless the
Town of Black Mountain has agreed in writing to assume the maintenance
responsibility for the SCM and has accepted dedication of any and all rights
necessary to carry out that maintenance.
8.2.20 - INSPECTION PROGRAM
Inspections and inspection programs by Town of Black Mountain may be conducted or
established on any reasonable basis, including but not limited to routine inspections; random
inspections; inspections based upon complaints or other notice of possible violations; and joint
inspections with other agencies inspecting under environmental or safety laws. Inspections may

include, but are not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in SCMs; and evaluating the condition of
SCMs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2
or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator
while carrying out his or her official duties.
8.2.21 - PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required. The Town of Black Mountain may, at its discretion, require the submittal
of a performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure that the
structural SCMs are:
(B) Amount.
(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(1) Installation. The amount of an installation performance security shall be the total
estimated construction cost of the SCMs approved under the permit, plus 25%.
(2) Maintenance. The amount of a maintenance performance security shall be the
present value of an annuity of perpetual duration based on a reasonable estimate
of the annual cost of inspection, operation and maintenance of the SCMs
approved under the permit, at a discount rate that reflects the jurisdiction's cost
of borrowing minus a reasonable estimate of long-term inflation.
(C) Uses of Performance Security.
(1) Forfeiture Provisions. 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 or owner in accordance with this ordinance, approvals issued pursuant
to this ordinance, or an operation and maintenance agreement established
pursuant to this ordinance.
(2) Default. Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structure SCM in accordance with the applicable
permit or operation and maintenance agreement, the Stormwater Administrator
shall obtain and use all or any portion of the security to make the necessary
improvements based on an engineering estimate. Such expenditure of funds shall

only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of installation
performance security, the Town of Black Mountain shall not return any of the
unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in Excess of Performance Security. If Town of Black Mountain takes
action upon such failure by the applicant or owner, the Town of Black Mountain
may collect from the applicant or owner the difference between the amount of
the reasonable cost of such action and the amount of the security held, in
addition to any other penalties or damages due.
(4) Refund. Within sixty days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, except any amount
attributable to the cost (plus 25%) of landscaping installation and ongoing
maintenance associated with the SCMs covered by the security unless a separate
landscaping and ongoing maintenance security has been provided. Any such
landscaping shall be inspected one (1) year after installation with replacement for
compliance with the approved plans and specifications and, if in compliance, the
portion of the financial security attributable to landscaping shall be released.
8.2.22 - NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat. The applicable operations and maintenance
agreement, conservation easement, or dedication and acceptance into public maintenance
(whichever is applicable), pertaining to every structural SCM shall be referenced on the final
plat and shall be recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance, whichever is
applicable, shall be recorded with the county Register of Deeds so as to appear in the chain of
title of all subsequent purchasers under generally accepted searching principles.
(B) Signage. Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, structural SCMs shall be posted with a conspicuous sign
stating who is responsible for required maintenance and annual inspection. The sign shall be
maintained so as to remain visible and legible.
8.2.23 - RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural SCM shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.9
8.2.24 - NUISANCE
The owner of each stormwater SCM, whether structural or non-structural SCM, shall maintain it

so as not to create or result in a nuisance condition.
8.2.25 - MAINTENANCE EASEMENT
Every structural SCM installed pursuant to this ordinance shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its
terms shall specify who may make use of the easement and for what purposes.
SECTION 5: ENFORCEMENT AND VIOLATIONS FOR COMPLIANCE AND PERMITS
8.2.26 - GENERAL
(A)Authority to Enforce. The provisions of this ordinance shall be enforced by the Stormwater
Administrator, or any authorized agent of Town of Black Mountain. Whenever this section
refers to the Stormwater Administrator, it includes his or her designee as well as any
authorized agent of Town of Black Mountain.
(B) Violation Unlawful. Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense. Each day that a violation continues shall constitute a separate
and distinct violation or offense.
(D)Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters
(whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, SCM, practice, or condition in violation of this ordinance shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with this section.
Persons subject to the remedies and penalties set forth herein may include any architect,
engineer, builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or constitutes a
violation of this ordinance, or fails to take appropriate action, so that a violation of this
ordinance results or persists; or an owner, any tenant or occupant, or any other person, who
has control over, or responsibility for, the use or development of the property on which the
violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation. An
architect, engineer, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that
constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land. The owner of the land on which the

violation occurs, any tenant or occupant of the property, any person who is
responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
8.2.27 - REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised
in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy. The Stormwater Administrator or
other authorized agent may refuse to issue a certificate of occupancy for the
building or other improvements constructed or being constructed on the site
and served by the stormwater practices in question until the applicant or
other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals. As long
as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
Planning Board may disapprove, any request for permit or development
approval or authorization provided for by this ordinance or the subdivision
for the land on which the violation occurs.
(3) Injunction, Abatements, etc. The Stormwater Administrator, with the
written authorization of the Town Manager, may institute an action in a
court of competent jurisdiction for a mandatory or prohibitory injunction
and order of abatement to correct a violation of this ordinance. Any person
violating this ordinance shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is
deemed dangerous or prejudicial to the public health or public safety and is
within the geographic limits of the Town of Black Mountain G.S. § 160A-
193, the Stormwater Administrator, with the written authorization of the
Town Manager, may cause the violation to be corrected and the costs to be
assessed as a lien against the property.
(5) Stop Work Order. The Stormwater Administrator may issue a stop work
order to the person(s) violating this ordinance. The stop work order shall
remain in effect until the person has taken the remedial measures set forth
in the notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such

violation or violations.
(B) Civil Penalties. 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 the Town of Black Mountain 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.
8.2.28 - PROCEDURES
(A)Initiation /Complaint. Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater Administrator,
who shall record the complaint. The complaint shall be investigated promptly by the
Stormwater Administrator.
(B) Inspection. The Stormwater Administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
(C) Notice of Violation and Order to Correct. When the Stormwater Administrator finds that any
building, structure, or land is in violation of this ordinance, the Stormwater Administrator
shall notify, in writing, the property owner or other person violating this ordinance. The
notification shall indicate the nature of the violation, contain the address or other description
of the site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be assessed,
the notice of violation shall also contain a statement of the civil penalties to be assessed, the
time of their accrual, and the time within which they must be paid or be subject to collection
as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order
personally, by the Code Enforcement staff, by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents by Rule 4 of the North
Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this ordinance
to correct and abate the violation and to ensure compliance with this ordinance.
(D)Extension of Time. A person who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation cannot be
corrected within the specified time limit for reasons beyond the control of the person

requesting the extension, the Stormwater Administrator may extend the time limit as is
reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60
days. The Stormwater Administrator may grant 60-day extensions in addition to the
foregoing extension if the violation cannot be corrected within the permitted time due to
circumstances beyond the control of the person violating this ordinance. The Stormwater
Administrator may grant an extension only by written notice of extension. The notice of
extension shall state the date prior to which correction must be made, after which the violator
will be subject to the penalties described in the notice of violation and correction order.
(E) Enforcement After Time to Correct. After the time has expired to correct a violation,
including any extension(s) if authorized by the Stormwater Administrator, the Stormwater
Administrator shall determine if the violation is corrected. If the violation is not corrected,
the Stormwater Administrator may act to impose one or more of the remedies and penalties
authorized by this ordinance.
(F) Emergency Enforcement. If delay in correcting a violation would seriously threaten the
effective enforcement of this ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The Stormwater
Administrator may seek immediate enforcement, without prior written notice, through any
remedy or penalty authorized by this article.
SECTION 6: DEFINITIONS
8.2.29 - TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set forth in
this section, unless other provisions of this Ordinance specifically indicate otherwise.
Built -upon area (BUA): That portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon
area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or allows
water to infiltrate through the paving material.
Department: The North Carolina Department of Environment and Natural Resources.
Design Manual: All references herein to the Design Manual are to the latest published edition or
revision as published by the North Carolina Department of Environmental Quality.
Development: Any land -disturbing activity that increases the amount of built -upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division: The Division of Water Quality in the Department.

Larger common plan of development or sale: Any area where multiple separate and distinct
construction or land -disturbing activities will occur under one plan. A plan is any announcement
or piece of documentation (including but not limited to a sign, public notice or hearing, sales
pitch, advertisement, loan application, drawing, permit application, zoning request, or computer
design) or physical demarcation (including but not limited to boundary signs, lot stakes, or
surveyor markings) indicating that construction activities may occur on a specific plot.
Low Impact Development: The term low impact development (LID) refers to systems and
practices that use or mimic natural processes that result in the infiltration, evapotranspiration or
use of stormwater in order to protect water quality and associated aquatic habitat. LID is an
approach to land development (or re -development) that works with nature to manage stormwater
as close to its source as possible. LID employs principles such as preserving and recreating
natural landscape features, minimizing effective imperviousness to create functional and
appealing site drainage that treat stormwater as a resource rather than a waste product. There are
many practices that have been used to adhere to these principles such as bio retention facilities,
rain gardens, vegetated rooftops, rain barrels and permeable pavements.
25 year, 24-hour storm: The surface runoff resulting from a 24-hour rainfall of an intensity
expected to be equaled or exceeded, on average, once in 25 years and with a duration of 24 hours
as defined by the National Weather Service.
Owner: The legal or beneficial owner of land, including but not limited to a mortgagee or vendee
in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person
or entity holding proprietary rights in the property or having legal power of management and
control of the property. "Owner" shall include long -term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in possession
of the property does not constitute an owner, unless the secured lender is included within the
meaning of "owner" under another description in this definition, such as a management entity.
Post -construction: The point in which construction activity has been concluded prior to issuing a
certificate of occupancy or otherwise putting the property into use.
Redevelopment: Any development on previously -developed land, other than a rebuilding activity
that results in no net increase in built -upon area and provides equal or greater storm water control
than the previous development.
Stormwater Control Measure (formally known as Best Management Practice): An alternation of
land or physical device engineered and/or designed to trap, settle out, or filter pollutants from
stormwater runoff, to alter or reduce stormwater runoff velocity, amount, timing, or other
characteristics; to approximate the pre -development hydrology on a developed site; or to achieve
any combination of these goals. Structural SCM includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created
on real property. "Structural SCM" is synonymous with "structural practice," "stormwater
control facility," "stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural stormwater treatment

systems," and similar terms used in this ordinance.
Substantial progress: For the purposes of determining whether substantial progress has been
made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting
grading activity on a continuous basis and not discontinued for more than thirty (30) days; or
installation and approval of on -site infrastructure; or obtaining a building permit for the
construction and approval of a building foundation. "Substantial progress" for purposes of
determining whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law.
This ordinance shall be in full force and effective on December 1, 2019.
I move the adoption of the foregoing ordinance.
READ, APPROVED AND ADOPTED, this the
to
Angela Reece, Town Clerk
Alderman
day of October, 2019, by a vote of
Don Collins, Mayor