NCS000515_8.11 Post Construction Ordinance_20200921

CHAPTER 8: PARKING AND INFRASTRUCTURE
8.10.10 Extensions to New Development
A. Any person desiring to install any water or sewer line for new developments within the town's service
area to be connected to and served by the water and sewer system of the town shall make application
on forms provided by the Town, and shall furnish such information or exhibits as are required by
such application forms.
B. Such application for extension, whenever possible, shall be made simultaneously with the appropriate
Development Review Process for the type of development proposed as outlined in Chapter 9.
C. The applicant shall pay to the town a nonrefundable application fee. This fee shall be equal to the
annual average water and sewer extension engineering fee, as determined by the board for the July 1
to June 30 fiscal year, plus an additional fee as established by the board from time to time.
D. The applicant shall submit engineering plans, profiles and specifications for such water main or sewer
line, including those for any required fire hydrants, valves, manholes, sewer lift stations, force mains
or other sewer lines necessary in connection therewith, to the town engineer for approval by the board
of aldermen. All plans shall bear the seal of a registered professional engineer.
E. No water or sewer line may be installed and connected to the town water or sewer system except as
approved by the Town Council. Such approval shall meet the requirements of the Code of
Ordinances as adopted by the Town Council.
8.10.11 Denial of Extension
The Town Council will not approve any contract for the installation of any water main or sewer line to be
connected to and served by its water or sewer system if in its judgment the projected volume of water that
would be used by any properties to be serviced thereby would unduly tax the available water supply or
sewage treatment capacity of the town, or it would not be feasible or otherwise suitable for the Town to
commit itself to such cost. Exceptions to this policy may be made by the Town Council for any
meritorious reason and good cause shown.
Section 8.11 Stormwater Management
8.11.1 Comprehensive Storm Drainage Plan
A. A comprehensive storm drainage system shall be planned and implemented for each development of
greater than 20,000 square feet of impervious area in accordance with the general standards and
requirements of this Section. Detailed plans shall be submitted for review as part of the Construction
Documents.
B. Storm drainage plans shall be considered on an individual basis depending upon the situation within a
given development.
C. The requirements of the Flood Damage Prevention ordinance shall apply to storm drainage design
where applicable.
D. Post development run-off flow rate shall not exceed predevelopment run-off flow rate. Stormwater
volumes shall be detained within the development and released at a rate no greater than existed prior
to development and shall meet the design storm requirements below.
8-17
Town of China Grove Unified Development Ordinance
Amendend 8.6; 1/2118.; 8.11, 9124119

CHAPTER 8: PARKING AND INFRASTRUCTURE
8.11.2 Obstruction of Drainage Channels Prohibited
No fences or structures shall be constructed across an open drainage channel that will reduce or restrict
the flow of water. The Zoning Administrator may require any water course or stormwater management
facility to be located within a dedicated drainage easement officially recorded at the Rowan County
Register of Deeds as a "permanent drainage easement" that provides sufficient width for maintenance.
8.11.3 Grading Standards
The following standards shall be followed in establishing the grading plan for a development:
A. Developments shall be designed and constructed with a positive drainage flow away from buildings
towards approved stormwater management facilities. Plans for drainage facilities shall be approved
by the Town Engineer.
B. In the design of site grading plans, all impervious surfaces in the proposed development (including
off street parking) shall be considered.
C. Site grading and drainage facilities shall protect sinkholes, wetlands, ponds and lakes from increased
sediment loading.
D. Site grading shall not increase runoff flow rate onto downstream properties.
E. A site shall not be graded to create a slope greater than 2:1 at adjacent properties unless the slope
already existed on the undeveloped land. In no case shall the slope be made steeper than it was on
the undeveloped land within the perimeter setbacks. Terraced or stepped slopes that achieve the
overall slope requirement may be considered by the TRC on a case by case basis.
F. All disturbed areas within the dedicated right-of-way and easements of any subdivision street shall be
restored with vegetation and the landscaping standards of Chapter 7 shall be met.
G. Stormwater facilities to be located in designated open space areas shall be regulated in accordance
with Chapter 6 of this Ordinance.
8.11.4 Adoption Standards
Road grading and associated stormwater management shall follow the most current standards of the
North Carolina Department of Transportation (NCDOT). Phase II stormwater shall meet the
guidelines established by the North Carolina Department of Environmental Quality (NCDEQ),
Division of Energy, Mineral and Land Resources (DEMLR) Rules and Regulations. Acceptable
8-18
Town of China Grove Unified Development Ordinance

CHAPTER 8: PARKING AND INFRASTRUCTURE
design methods for stormwater treatment shall comply with NCDEQ DEMLR Stormwater Design
Manual, latest edition at the time of permitting review. Development and redevelopment shall meet
the minimum standards for post -development stormwater management as set forth by the State of
North Carolina, NCDEQ and as stated in subsequent sections of this Ordinance.
8.11.5 Phase II Requirements — Stormwater Management Facilities
The following Phase II Stormwater Requirements shall be followed to comply with the North Carolina
Environmental Management Commission and the Federal Water Pollution Control Act for Stormwater
Regulations. Any new development or redevelopment which disturbs one or more acres shall be required
to adhere to the guidelines set forth in this section. Projects which disturb less than an acre but are part of
a larger common plan of development shall also follow the Phase II Stormwater Requirements.
8.11.6 Purpose.
This Ordinance seeks to meet the requirements of the Town's National Pollutant Discharge Elimination
System (NPDES) stormwater discharge permit. The purpose is to establish requirements and procedures
to control post -development stormwater runoff and nonpoint and point source discharges as well as illicit
discharges into municipal Stormwater systems. The intended outcome is to protect public health, safety,
environment and general welfare of citizens by establishing requirements and procedures to control the
adverse effects of the developed environment. Management of stormwater runoff during and after
construction will help prevent surface water quality degradation and increased flooding in the streams and
lakes within Town's jurisdiction.
8.11.7 Definitions.
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.
Design manual The stormwater design manual approved for use in phase II jurisdictions by the North
Carolina Department of Environmental Quality (NCDEQ), Division of Energy, Mineral and Land
Resources (DEMLR). The design manual includes a local appendix of recommendations for SCMs that
any property owner could utilize to help in managing Stormwater. All references herein to the design
manual are to the latest published edition or revision.
Development: Any land disturbing activity that increases the amount of built upon area or that otherwise
decreases the infiltration of precipitation into the soil.
High -density project: Any project that exceeds the low -density threshold for dwelling units per acre (two
dwelling units per acre) or built -upon area (24%).
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 -density project: A project that has no more than two dwelling units per acre or 24 percent built -upon
area (BUA) for all residential and non-residential development. Projects shall be designed to minimize
channelization of flow, maximize dispersed flow, use vegetated conveyances, and curb outlet systems as
described in the North Carolina Stormwater Rules and Regulations.
8-19
Town of China Grove Unified Development Ordinance
Amendend 8.6; 112/18.; 8.11, 9124119

CHAPTER 8: PARKING AND INFRASTRUCTURE
One-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 12 months and with a duration of 24 hours.
Owner: The legal or beneficial owner of land or business, 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.
Redevelopment: Any land -disturbing activity that does not result in a net increase in built -upon area and
that provides greater or equal stormwater control than the previous development.
Stormwater Control Measure or "SCMs": control urban stormwater runoff and can include "structural
SCMs" such as infiltration devices, ponds, filters and constructed wetlands; and "non-structural SCMs
such as maintenance practices, street sweeping, public education and outreach programs.
Structural SCM: A physical device 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 SCMP" 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.
Design Volume: Is the amount of stormwater runoff that an SCM or series of SCMs is designed to treat.
Low Impact Development: A site design approach and implementation of stormwater management that is
modeled after nature and mimic's the predevelopment site's hydrology and ecological environment.
8.11.8 Applicability.
This Ordinance shall be applicable to all development and redevelopment which results in disturbed area
of one acre or more. The Phase 11 Stormwater Requirements shall apply to any work/project beginning on
or after the effective date of this Ordinance.
The Town may require treatment of runoff from public streets or large expanses of impervious area in
developments disturbing less than an acre.
8.11.9 Development and Redevelopment Stormwater Design Requirements.
Stormwater Control Measures (SCM's) shall be designed and implemented per the Design Manual.
Development shall adhere to the North Carolina Department of Environmental Quality (NCDEQ),
Division of Energy, Mineral and Land Resources (DEMLR) Rules and Regulations. Acceptable design
methods shall comply with the NCDEQ DEMLR Stormwater Design Manual, latest edition at the time of
permitting review. Development and redevelopment shall meet the minimum standards for post -
development stormwater management as set forth by the State of North Carolina, NCDEQ. Refer to Rule
15A NCAC 02H .1017.
The major goal of the post -development requirements is to achieve pre -development Stormwater runoff
quantity and quality in order to reduce erosion, pollution and increased temperatures in streams and water
sources.
8-20
Town of China Grove Unified Development Ordinance

CHAPTER 8: PARKING AND INFRASTRUCTURE
SCMs, designed per the Design Manual, shall be used for post -construction stormwater runoff controls
for projects determined to be high -density (greater than 24% impervious area). Refer to Rule 15A NCAC
02H .1003(3).
Low -density projects shall require deed restrictions and conveyances to ensure the amount of built -upon
area will not be increased. Refer to Rule 15A NCAC 02H .1003(2).
Vegetated Setbacks from perennial streams, intermittent streams, and waterbodies shall be in place and be
at least 30 feet in width. Refer to Rule I SA NCAC 02H .1017(10).
8.11.10 Easements and Performance Security.
Permanent recorded maintenance easements shall be required for each SCM which includes an access
route to the SCM. The Town shall have the ability to access the SCM from a public right of way for the
purpose of inspection and determination of compliance of the NPDES Phase II MS4 Permit, Post
Construction Program Requirements. The easements shall be shown on the Final Plat.
A performance security or bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement shall be required prior to issuance of the Stormwater Permit. The performance security is
required to ensure the SCMs are installed as approved and are maintained by the owner as required by the
operation and maintenance agreement. The security shall be of a sufficient amount to construct the
permitted SCM as determined by DEQ Stormwater requirements_
Maintenance easements may be required for roadways depending upon the size of the drainage way and
the maintenance responsibility as determined by the Town. In any case where maintenance is to be the
responsibility of the property owner, the Town may require a right to enter for maintenance purposes
where the Town Board determines that the public health, safety, or general welfare constitutes a public
necessity for such maintenance.
8.11.11 Inspection, Operation and Maintenance.
A signed and notarized Operation and Maintenance Agreement shall be executed for each SCM. The
agreement shall designate the responsible party for maintaining the SCM and indicate inspection and
maintenance criteria specific to the type of SCM. The Operation and Maintenance Agreement shall be
referenced on the final approved plat and recorded. The Agreement shall be binding to all subsequent
Owners of the site to which the SCM serves.
A post -construction inspection shall be performed prior to issuing a Certificate of Occupancy or a
Temporary Certificate of Occupancy. An annual inspection report signed by a person with the
traininglqualifications to inspect SCMs shall be submitted to the Town annually for each SCM.
Reference NPDES MS4 Permit, Part II, Section F.2.g.
8.11.12 Residential Ownership of SCMs.
The Developer shall be responsible for any SCM until property owners have accepted responsibility under
a homeowners association or other legal means to adopt the responsibility for the SCMs. Property owners
shall be made aware, via a written notice that is copied to the Town, of any applicable deed restriction,
responsibilities andlor operation and maintenance agreements under homeowners associations.
8-21
Town of China Grove Unified Development Ordinance
Amendend 8.6; 112118.; 8.11, 9124119

CHAPTER 8: PARKING AND INFRASTRUCTURE
8.11.13 Illicit Discharges.
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly, of any substance that may be considered by NCDEQ to be a point source or non -point source
pollutant, to any stormwater conveyance, the waters of the state, or upon the land in the manner and
amount that the substance is likely to reach a stormwater conveyance or the waters of the state.
8.11.14 Procedures and Submittal Requirements.
Unless exempt per this Ordinance, a Stormwate
redevelopment. A permit will be issued upon a
application package. Submittal requirements for
following:
1. Permit Application.
2. Application Fee.
3. Vicinity Map.
4. Copy of the Property Deed.
5. Detailed Narrative Stormwater Report.
6. Design Calculations.
7, NCDEQ Supplement Form for each SCM.
r
Permit is required for all development and
properly submitted and reviewed and approved
stormwater permitting review shall contain the
8. Operation and Maintenance Agreements signed and notarized.
9. Deed Restrictions if proposed.
10. Two Sets of Construction Plan Sets.
11. Soils Report for sites which propose infiltration SCM.
12. Digital Copies of all submittal materials
Upon completion of construction of stormwater management facilities, the design engineer shall inspect,
sign and seal record drawings to show that the stormwater management facilities were built per the
approved plans. The signed and sealed record drawing shall be filed with the Town. Final plats showing
the location and referencing the SCM's shall be recorded with Rowan County. The final plats shall
include recorded easements of all SCMs in high density projects and/or built upon area restrictions for
low density projects. Signed and notarized Operations and Maintenance Agreements shall also be
recorded. As stated in 8.11.11 An annual inspection report signed by a person with the
traininglqualifications to inspect SCMs shall be submitted to the Town once a year for each SCM.
8-22
Town of China Grove Unified Development Ordinance

CHAPTER 8: PARKING AND INFRASTRUCTURE
8.11.15 Enforcement and Violations.
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a
written complaint in accordance with the procedures established in Section 14.4 of the Town of China
Grove Unified Development Ordinance and Section 54 of the Town Code. The provisions of this
ordinance shall be enforced by the stormwater administrator. Any failure to comply with applicable
requirements, prohibitions, standards, or limitations imposed by this ordinance, or the terms or conditions
of any permit, maintenance agreement, or other development or redevelopment approval or authorization
granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance and is
subject to the same civil or criminal penalties as other zoning violations, with each day that a violation
continues constituting a separate offense.
8-23
Town of China Grove Unified Development Ordinance
Amendend 8.6; 112/18.; 8.11, 912449