NCS000515_14Appendix B_20200921

Appendix
Pol

TOWN OF CHINA GROVE
ORDINANCE
A new Article V Chapter 54 Utilities is hereby added to the Town of China Grove Code of ordinances regarding
Stormwater Quality and Discharge Control, which shall read in its entirety as follows:
STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCE
Division I.
Title, Purpose and General Provisions.
Section 1.1 Title.
This Article shall be known as the "Stormwater Quality Management and Discharge Control Ordinance" of the Town of
China Grove and may be so cited.
Section 1.2 Authority.
Under Chapter 160A of the North Carolina General Statutes, the Town of China Grove has the responsibility and
authority to regulate land use and development, enforce ordinances within its jurisdiction, and to adopt regulations
designed to promote the public health, safety, and general welfare of its citizenry.
Section 1.3 Purpose and Intent.
The purpose and intent of this Article is to:
(a) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses
and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.)
by reducing pollutants in stormwater discharges to the maximum extent practicable and by prohibiting non-
stormwater discharges to the storm drain system.
(b) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of stormwater runoff
from development within the Town of China Grove.
(c) Encourage sustainable development. Prudent site planning should include special consideration for preserving natural
drainage ways, maximizing infiltration, slowing stormwater runoff from individual sites in route to streams and rivers
by use of effective runoff management, structural and non-structural best management practices, drainage structures,
and stormwater facilities.

Section 1.4 Applicability
The provisions of the Ordinance shall apply to all areas within the incorporated limits of the Town of China Grove. This
Ordinance shall be permanently on file in China Grove Municipal Building. The Town of China Grove may furnish
additional policy, criteria, and information, including specifications and standards, and may provide such information in
the form of a Stormwater Best Management Practices Manual. That manual may be updated and expanded, from time to
time, at the discretion of the local review authority, based on improvements in engineering, science, monitoring, and local
maintenance experience.
Section 1.5 Exceptions to Applicability.
This stormwater management ordinance shall not apply to those activities exempted in specific sections of this Ordinance
or as identified below:
(a) Existing permitted developments may be continued and maintained. Expansion to existing structures, classified as
existing development, must meet the provisions of this Ordinance.
(b) Activities on a bona fide farm unless the activity is for non -farm purpose.
Section 1.6 Definitions.
The terms used in this Article shall have the following meanings:
(a) Applicant. An owner or developer of a site who executes the Stormwater Permit Application pursuant to this
Ordinance.
(b) Best Management Practices. Activities, practices, and procedures to prevent or reduce the discharge of pollutants
directly or indirectly to the storm drain system and waters of the United States. Best Management Practices
(BMPs) include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and
maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater,
waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition
of specific activities, practices, and procedures and such other provisions as the Town determines appropriate for
the control of pollutants. Please refer to the Stormwater Best Management Practices Manual for further
information and for specific BMP requirements.
(c) Bona Fide Farm. Any tract of land containing at least one acre which is used for activities relating to production,
and activities incidental to production of crops, fruits, vegetables, ornamental and flowering plants, grasses and
grains, forest products, dairy, livestock, fish and shellfish, poultry, and other agricultural products having a
domestic or foreign market, and excludes commercial and industrial processing.
(d) Building. Any structure, either temporary or permanent, having walls and a roof, designed for a shelter of any
person, animal, or property.
(e) Built -Upon Area. That portion of a development that is covered by impervious or partially impervious cover
including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis
courts), etc. Slatted decks and the water area of a swimming pool or pond are considered pervious.
(f) Channel. A natural or artificial watercourse with a definite bed and banks that conducts flowing water.
(g) Channel Bank. The location of the upper edge of the active channel above which the water spreads into the
overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank

is not well defined, the channel bank shall be considered the edge of the waterline during a two-year frequency
storm.
(h) Town. The Town of China Grove, North Carolina.
(i) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent
amendments thereto.
(j) Construction Activity. Activities subject to National Pollutant Discharge Elimination System (NPDES)
Construction Permits or the Rowan County Erosion and Sediment Control Program. These include construction
projects resulting in land disturbance. Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
(k) Design Storm. The specific frequency and, if necessary, duration of the rainfall event to be used in design to
meet the criteria established in the Stormwater Best Management Practices Manual.
(1) Development. Any land disturbing activity, which adds to or changes the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
(m) Drainage Structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other
structures designed to convey stormwater.
(n) Grandfathered Rights. See Vested Rights
(o) Hazardous Materials. Any material, including any substance, waste, or combination thereof, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
(p) Illicit Connections. An illicit connection is defined as either of the following:
i. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter
the storm drain system including but not limited to any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by a government agency; or
ii. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved by the Town.
(q) Illicit Discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or
other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the
State, or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the
State constitutes an illegal discharge, except as exempted in Division 11, Section 2.1 of this Ordinance.
(r) Impervious Surface. Any surface which in whole or in part, restricts or prevents the natural absorption of water
into the ground. Such surfaces may include, but not be limited to compacted earth, traffic -bearing gravel,
concrete, asphalt, or other paving material, and all area covered by the footprint of buildings or structures.
Uncovered slatted decks and the water area of a swimming pool, pond, or other water body are considered
pervious.
(s) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14).

(t) Intermittent Streams. A natural drainage way, which shows up as a blue line on the most recent version of the
USGS 7.5-minute quadrangle maps or as a demarcated stream on the most recent version of the maps of the Soil
Survey of Rowan County from the U.S. Department of Agriculture, and has a contributing drainage area of 300
acres or less, shall be considered an intermittent stream for the purposes of this Ordinance.
(u) Land Disturbing Activities. The use of land by any person that results in a change in the natural cover or
topography that may contribute to or alter the quantity and or quality of stormwater runoff.
(v) National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits. General, group, and
individual stormwater discharge permits that regulate facilities defined in Federal NPDES regulations pursuant to
the Clean Water Act.
(w) Natural Drainage Way. Shall mean an incised channel with a defined channel bed and banks that are part of the
natural topography. Construction channels such as drainage ditches shall not be considered a natural drainage
way unless the constructed channel was a natural drainage way that has been relocated, widened, or otherwise
altered.
(x) Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed entirely of stormwater.
(y) Owner. A property owner, their heirs, successors or assigns; a legal entity with control over the management of a
property, or any other person or corporation that occupies a position that controls the operation, maintenance,
and/or repair to a property.
(z) Perennial Stream. Streams that have essentially continuous flows or are shown as blue lines on the most recent
version of the United States Geological Survey (USGS) 1:24,000 (7.5 min.) scale topographic maps or are
demarcated on the most recent version of maps of the Soil Survey of Rowan County, prepared by the U.S.
Department of Agriculture, and that have a contributing drainage area of more than 300 acres shall be considered
a perennial stream for the purposes of this Ordinance.
(aa) Pollutant. Anything that causes or contributes to pollution. Pollutants shall include, but are not limited to: paints,
varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes;
refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and
wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains and cooling
waters; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and
residues that result from constructing a structure (including but not limited to sediments, slurries, and concrete
rinsates); and noxious or offensive matter of any kind.
(bb) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a degree which
unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the
facilities which serve these beneficial uses.
(cc) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
(dd) Riparian Buffer. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage way or surface
water. Riparian buffers reduce the impact of upland sources by trapping, filtering, and converting nutrients,
sediments, and other chemicals, and maintain the integrity of the natural drainage way. For the purposes of this
Ordinance, a natural drainage way or surface water shall be present if the feature is approximately shown on the
most recent version of the I:24,000 (7.5 min.) quadrangle topographic maps prepared by the United States
Geological Survey (UGSG) or on the latest version of the Soil Survey of Rowan County as prepared by the U.S.
Department of Agriculture Natural Resource Conservation Service (MRCS).

(ee) Sheet Flow. The even flow of water across the land surface so that there is no discernable `concentration' of
water.
(ff) Soil Erosion and Sedimentation Control Plan. The graphic plans including narrative where appropriate required
by the State of North Carolina, by Rowan County, and by the Town of China Grove as a prerequisite for a
construction permit. The purpose of this plan is to explain existing conditions and proposed grading of land
including any development and to describe the activities and measures to be undertaken to control soil erosion and
sedimentation.
(gg) Storm Drain System. Publicly -owned facilities operated by the Town by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, streets,.gutters, curbs, inlets, piped storm
drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels,
reservoirs, and other drainage structures which are within the Town and are not part of a publicly -owned
treatment works as defined in 40 CFR Section 122.2.
(hh) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from atmospheric precipitation.
(ii) Stormwater Administrator. The person designated by the Town Manager of Town of China Grove to have
authority to review and approve Stormwater Permits and stormwater management plans. The Stormwater
Administrator shall also be responsible for inspecting development and making sure the provisions of this
Ordinance are being followed.
(jj) Stormwater Facilities. Shall include devices designed specifically to detain or retain stormwater for water
quantity or water quality control. These devices shall not include those drainage structures that provide incidental
water quantity or water quality control. These devices include but are not limited to wet ponds, dry ponds,
bioretention areas, filter strips, or infiltration trenches.
(kk) Stormwater Best Management Practices Manual. The NCDENR Stormwater Best Management Practices Manual
of design, performance, and review criteria adopted by the Town Council of China Grove for the administration
of the Stormwater Program.
(11) Stream Buffer. Strips of land adjacent to streams and rivers which are retrained in their natural vegetated, re -
vegetated or reforested state through the preservation of appropriate perennial vegetation.
(mm) Structural Stormwater Facility. A constructed facility, designed by a qualified professional, under 15A NCAC
2H.1008(c) or other application code, for the purpose of managing stormwater flow and quality.
(nn) Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs, billboards, poster
panels, swimming pools, manufactured houses, modular houses, and underground shelters.
(oo) Vegetative Buffer. An area that has a dense ground cover of herbaceous or woody species, which provides for
diffusion and infiltration of runoff and filtering of pollutants.
(pp) Vested Rights. A vested right is a right to perform some action based on prior approvals, explicit or implicit, even
if that action would otherwise result in a violation of a current ordinance, regulation, standard, or other
requirement.
(qq) Water Dependent Structures. Those structures which require the access or proximity to, or sitting within surface
waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such
as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not considered water -
dependent structures.
(rr) Waters of the United States. Surface watercourses and water bodies as defined in 40 CFR § 122.2, including all
natural waterways and definite channels and depressions in the earth that may carry water, even though such

waterways may only carry water during rains and storms and may not carry stormwater at and during all times
and seasons.
(ss) Wetland. Means those areas regulated under Section 404 of the Clean Water Act as identified under guidelines
employed by the United States Army Corps of Engineers in evaluating permit applications under 33 U.S.C. 1344
and applicable federal regulations. Wetlands also include areas defined by the State of North Carolina as
"isolated wetlands."
Section 1.7 Interpretation.
(a) In interpreting and applying this Ordinance, the requirements are intended to be minimum requirements that are
imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements.
(b) This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever any
ordinance, rules, regulations, permits, or easements, covenants, or other agreements between parties, provided
however that, where this Ordinance imposes greater restrictions and controls with respect to stormwater
management, the provisions of this Ordinance shall prevail.
(c) This ordinance shall not be interpreted to mean that the Town of China Grove accepts responsibility for the
maintenance and upkeep of stormwater facilities located and/or situated entirely or partially on private property.
Maintenance, upgrade and/or improvements to existing and/or new stormwater facilities located and/or situated
entirely or partially on private property shall remain the responsibility of the property owner.
Section 1.8 Permits
(a) Except where provided elsewhere, development shall not commence without obtaining a Stormwater Permit
pursuant to the provisions of this Ordinance.
(b) The Stormwater Permit Application shall be made by, or on behalf of, the owner(s) or developer(s) of the site for
which the permit is sought. The application shall be filed with the Town on a form supplied by the Town and
shall be accompanied with the information identified in the Stormwater Best Management Practices Manual.
(c) A Stormwater Permit shall not be issued until the following conditions are met:
Approval by the Stormwater Administrator of the supporting information.
ii. Submission and approval of any required easements.
iii. Submission and approval of any required inspection and maintenance agreements.
iv. Payment of all fees.
(d) If the development requires a Sediment and Erosion Control Permit, the Stormwater Permit will be conditional
upon the owner receiving such sediment and erosion permit and upon the filing of a copy of the approved
Sediment and Erosion Control Plan and associated Permit to the Stormwater Administrator.
(e) The Stormwater Permit will be valid for one (1) year from the date of issuance or if significant changes in the
development are made that change the intent of the permit. Significant changes shall be determined by the
Stormwater Administrator. If significant changes are made, the original Stormwater Permit shall not be valid and
a new permit shall be required.

Section 1.9 Fees.
A list of fees associated with the Ordinance is available at the Town of China Grove Stormwater Administrator's Office.
Section 1.10 ApRlicabilfty and Vested Rights.
This Article shall apply to all water entering the storm drain system generated on any developed and undeveloped lands
lying within the planning jurisdiction of the Town including any amendments or revisions thereto.
The provisions of this ordinance shall be applied to the maximum extent that they do not contravene vested rights. Vested
rights shall be based upon the following criteria:
➢ Having an outstanding building permit in compliance with GS 153A-344.1 or GS 160A-385.1, or
➢ Having an approved site specific or phased development plan in compliance with GS 153A-344.1 or GS 160A-
385.1, or
➢ For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application or
residuals and road construction activities, shall be considered to have vested rights if a State permit was issued
prior to the effective date of the adoption of this ordinance.
Section 1.11 Resaonsibility for Administration.
The Stormwater Administrator of the Town shall administer, implement, and enforce the provisions of this Article. Any
powers granted or duties imposed upon the Stormwater Administrator may be delegated in writing by the Stormwater
Administrator to persons or entities acting in the beneficial interest of or in the employ of the Town.
Section 1.12 Variances and Appeals.
An interested party may appeal any final order or other decision of the Stormwater Administrator. All appeals must be
filed in a timely manner, but not more than 30 days after a final order or other decision of the Stormwater Administrator.
Appeals must be filed on forms obtained from the office of the Stormwater Administrator and must be filed with the
Stormwater Administrator. A notice of appeal shall be considered filed when delivered to the Stormwater Administrator's
office in a form deemed complete and acceptable to the Stormwater Administrator. The Stormwater Administrator shall
enter the date and time of filing on the notice. An Appeals Officer appointed by the Town Council will consider all such
applications for variance or other appeal. The Appeals Officer shall schedule a hearing of the appeal within 14 days of the
filing of a notice of appeal and shall rule on the appeal within 14 days of the hearing of the appeal.
An interested party may appeal any final order or other decision of the Appeals Officer. All appeals must be filed in a
timely manner, but not more than 30 days after a final order or other decision of the Appeals Officer. Appeals must be
filed on forms obtained from the office of the Stormwater Administrator and must be filed in the office of the Town
Manager. A notice of appeal shall be considered filed when delivered to the Town Manager's office in a form deemed
complete and acceptable by the Town Manager. The Town Manager shall enter the date and time of filing on the notice.
A Technical Review Committee appointed by the Town Council will consider an appeal of any decision of the Appeals
Officer. The Technical Review Committee shall schedule a public hearing of the appeal within 30 days of the filing of a
notice of appeal, shall provide appropriate public notice of that hearing, and shall rule on the appeal within 30 days of the
public hearing of the appeal.
Section 1.13 Severability.
The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this
Article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall
not affect the other provisions or application of this Article.
Section 1.14 Re ug latory Consistency.

This Article shall be construed to assure consistency with the requirements of the Clean Water Act and acts amendatory
thereof or supplementary thereto, or any applicable implementing regulations.
Section 1.15 Ultimate Responsibility of Discharger.
The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore, this Article
does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or
unauthorized discharge of pollutants into waters of the U.S. caused by said person. This Article shall not create liability on
the part of the Town, or any agent or employee thereof for any damages that result from any discharger's reliance on this
Article or any administrative decision lawfully made thereunder.
Section 1.16 Stormwater Mana eg ment.
(a) Stormwater shall be conveyed through development in an adequately designed drainage system of natural
drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be designed,
constructed, and maintained so as to provide natural infiltration, control flooding, extend the time of concentration
of stormwater runoff, and to control to the Maximum Extent Practicable the impacts of development. Where the
above conditions are met and where a development does not require the preparation of a Stormwater Management
Plan, as provided in Section 1.16(b) of this ordinance, obtaining a Town of China Grove Stormwater Permit is not
required.
(b) Stormwater Management Plans must be prepared for, and shall be approved by, the Stormwater Administrator
pursuant to the application for a Stormwater Permit for:
L All proposed developments that will exceed 20,000 square feet of cumulative impervious coverage. All
such developments shall be required to construct a complete drainage system sufficient to mitigate the
impacts of the design rainfall events identified in the Stormwater Best Management Practices Manual and
below.
ii. Any activity that disturbs land within a designated stream buffer area, except when such disturbance is
designated as Exempt or Allowable in the Stormwater Best Management Practices Manual.
iii. Any filling or excavation of a parcel in excess of one thousand cubic feet of material, or any filling or
excavation that would impact an adjoining parcel by resulting in the alternation of the drainage path, or
the ponding of water, or a change in the stormwater flow on the adjoining parcel.
iv. Any activity or development that will ultimately result in the disturbance of a total area of one or more
acres, except for the following:
a) Activity on a bona fide farm, unless the activity is for non -farm purposes.
b) Activities on forestland for the production and harvesting of timber and timber products.
c) Stormwater Management Plans shal l:
i. Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the
Stormwater Best Management Practices Manual.
ii. Demonstrate through accepted engineering practices described in the Stormwater Best Management
Practices Manual the impacts of the proposed development. Impacts of the proposed developments may
include:

a) Effects on existing upstream and/or downstream drainage systems and property.
b) Ability of the natural drainage way to handle additional stormwater runoff.
c) Water quality impacts on receiving waters.
d) Site -specific criteria.
iii. Demonstrate through accepted engineering practices described in the Stormwater Best Management
Practices Manual that stormwater runoff is adequately conveyed through the development in a drainage
system designed to meet the criteria described in the Stormwater Best Management Practices Manual.
The project shall control and treat the runoff from the first one -inch of rain. Runoff volume drawdown
time must be a minimum of 48 hours, but not more than 120 hours. High -density projects must discharge
the storage volume at a rate equal to or less than the pre -development discharge rate for the one-year, 24-
hour storm. All structural stormwater treatment systems must be designed to achieve 85% average annual
removal of total suspended solids; fecal coliform, and other pollutants to levels identified in the
Stormwater Best Management Practices Manual. Post development runoff rate shall not exceed pre -
development runoff rate unless a maximum discharge rate has been adopted for the applicable drainage
basin and the discharge does not exceed that rate. If a maximum discharge rate has not been adopted for
the applicable drainage basin, post development discharge rate may not exceed pre -development
discharge rate. Stormwater volumes resulting from the proposed development shall be detained within
the development and released at a rate no greater than existed prior to the development. Detention
facilities shall be designed to maintain the pre -developed runoff rate from the 1-year and 10 year design
storm events, and other events as specifically required by the Town's Stormwater Best Management
Practices Manual.
iv. Demonstrate through accepted engineering practices described in the Stormwater Best Management
Practices Manual that stormwater facilities control the impacts of the development to the Maximum
Extend Practicable and that those facilities are designed to meet the criteria described in the Stormwater
Best Management Practices Manual.
V. All Stormwater Management Plans submitted for developments that incorporate Structural Stormwater
Facilities or developments where the density exceeds 24% built -upon area must be designed to meet or
exceed the criteria contained in 15A NCAC 2H .1008(c) and must be signed and sealed by a qualified
professional.
e) Stormwater Facilities Inspection and Maintenance Requirements
i. A written inspection and maintenance agreement in a form acceptable to the Stormwater Administrator
and executed by the applicant of the Stormwater Permit and the owners of the facility, if different than the
applicant, shall be provided prior to receiving a Stormwater Permit. The agreement shall provide the
following:
a) Shall bind the parties thereto and all subsequent owners, successors, and assigns.
b) The required inspection maintenance and access of the facility as defined in the Stormwater Best
Management Practices Manual.
c) That, if the Town directs the correction, repair, replacement, or maintenance of the facility in
writing and the actions are not satisfactorily performed within a reasonable time (but not greater
than 60 days), the Town may, after reasonable notice, enter the land and perform all the necessary
work and may assess the owner(s) of the facility with the cost of the work performed. The
owner(s) served by the facility shall be jointly responsible to the Town for the maintenance of the

facility and liable for any costs incurred by the Town pursuant to the said agreement and all
properties are jointly subject to the imposition of liens for said costs.
d) The Inspection and Maintenance Agreement shall be recorded in the Register of Deeds at the
expense of the applicant.
e) Stormwater facilities shall be included in an easement. The easement shall include the area of the
facility, area of ponded water, and enough area for access and maintenance. The easement shall
be recorded in the Register of Deeds at the expense of the applicant.
Section 1.17 Stream Buffers.
(a) Stream buffers shall be maintained on all sides of perennial and intermittent streams, lakes and other natural
waterways as provided in the Stormwater Best Management Practices Manual.
(b) The following are exempt from this stream buffer requirement:
i. Areas along streams or other waterways that are mapped on the USGS quadrangle map or NRCS soils
map where such streams or waterways do not actually exist on the ground.
ii. Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not part of a
natural drainage way.
iii. Where application of these requirements would prevent all prospective use of a lot platted and recorded
prior to the effective date of this Ordinance.
iv. Water dependent structures provided that those structures shall be designed, constructed, and maintained
to provide the maximum practicable nutrient and bacterial removal, have the least practicable adverse
effects on aquatic habitat, and to otherwise protect water quality.
V. Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative
exists. These structures shall be located, designed, constructed, and maintained to have minimal
disturbance, provide the maximum practicable nutrient and bacterial removal, have the least practicable
adverse effects on aquatic habitat, and to otherwise protect water quality.
vi. Ditches and manmade conveyances other than modified natural streams.
(c) The stream buffer shall be measured from the top of channel bank landward:
i. The size of the stream buffer for a perennial stream shall be an undisturbed area measured from the
average annual stream bank perpendicularly for a distance of 50 feet plus four (4) times the average
percent of slope of area adjacent to the stream. This slope shall be calculated by measuring a distance of
250 feet from the center of the stream. The percent of slope for this distance shall serve as the
determining factor. However, the maximum distance shall not exceed 120 feet from the edge of the
stream.
An additional 20 foot vegetated setback from the stream buffer shall be required on perennial streams.
ii. The size of the stream buffer for an intermittent stream shall be measured from the average annual stream
bank perpendicularly for a distance of 30 feet. The first 20 feet shall be an undisturbed area.
(d) The following activities shall not be allowed in buffer areas:
10

iii. New on -site sewage systems, which utilize ground adsorption.
iv. New structures, except as specifically provided in the Stormwater Best Management Practices Manual.
(e) The stream buffer shall be maintained by the landowner or homeowners association to maintain sheet flow to the
maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into the
affected stream and consistent with maintenance criteria as set out in the Stormwater Best Management Practices
Manual.
(f) Stream buffer areas shall be designated on recorded plats as easements. The plat shall be included with the
Stormwater Permit Application.
Division H.
Discharge Prohibitions.
Section 2.1 Illegal Discharges.
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly into the Town
storm drain system, watercourses, any stormwater conveyance, the 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. The commencement, conduct, or continuance of any illegal discharge to the storm
drain system is prohibited except as described as follows:
(a) Discharges from the following activities will not be considered a source of pollutants to the storm drain system
and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore
they shall not be considered illegal discharges unless determined to cause a violation of the provisions of this
Ordinance: water line flushing; uncontaminated pumped ground water; discharges from potable water sources;
landscape irrigation; irrigation water; lawn watering; diverted stream flows; rising ground water; uncontaminated
ground water infiltration (as defined at 40 CFR 35.2005(20))to the storm drain system; uncontaminated
foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation;
uncontaminated roof drains; springs; individual residential car washing; flows from riparian habitats and
wetlands; dechlorinated swimming pool discharges; street wash waters; and 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 the Town
of China Grove.
(b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or
waste discharge order issued to the discharger and administered by the State of North Carolina under the authority
of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written
notification of such permitted discharge has been filed with the Stormwater Administrator, in a form acceptable to
the Stormwater Administrator, for any discharge to the storm drain system.
(c) With written concurrence of the North Carolina Department of Environment and Natural Resources, the
Stormwater Administrator may exempt in writing other non-stormwater discharges, which are not a source of
pollutants to the storm drain system or waters of the U.S.
Section 2.2 Illicit Connections.
(a) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-
stormwater, other than the exclusions described in subsection 2.1 above, are unlawful.
11

(b) 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 the 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 apply to connections which may result in the discharge of hazardous materials
or other discharges which pose an 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.
(c) Where it is determined that said connection:
(1) 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
(2) Was made in violation of any applicable regulation or ordinance, other than this section;
the Stormwater Administrator shall designate the time within which the connection shall be removed. In setting the time
limit for compliance, the Stormwater Administrator shall take into consideration:
1. The quantity and complexity of the work,
2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and private property, and
4. The cost of remedying the damage.
(d) The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is
prohibited.
Section 2.3 Waste Disposal Prohibitions.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon
any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, or
water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations,
so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the
purposes of collection are exempted from this prohibition.
Section 2.4 Discharges in Violation of Industrial or Construction Activity NPDES Stormwater Discharge Permit.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all
provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Stormwater
Administrator prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement
plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
Division III.
Regulations and Requirements.
Section 3.1 Requirement to Prevent, Control, and Reduce Stormwater Pollutants.
(a) _Authorization to Adopt and Impose Best Management Practices. The Town will adopt requirements identifying
Best Management Practices for any activity, operation, or facility that may cause or contribute to pollution or
contamination of stormwater, the storm drain system, or waters of the U.S. as documented in a separate
12

Stormwater Best Management Practices Manual. Where BMPs requirements are promulgated by the Town or any
Federal, State of North Carolina, or regional agency for any activity, operation, or facility which would otherwise
cause the discharge of pollutants to the storm drain system or water of the U.S., every person undertaking such
activity or operation, or owning or operating such facility shall comply with such requirements. The Stormwater
Administrator will report to Town Council annually, or as otherwise needed, on the status of implementation of
BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to be developed. BMPs
developed under this program will be incorporated as part of the Stormwater Best Management Practices Manual.
(b) New Development and Redevelopment. The Town may adopt requirements identifying appropriate BMPs to
control the volume, rate, and potential pollutant load of stormwater runoff from new development and
redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants.
The Town shall incorporate such requirements in any land use entitlement and construction or building -related
permit to be issued relative to such development or redevelopment. The owner and developer shall comply with
the terms, provisions, and conditions of such land use entitlements and building permits as required in this Article.
(c) Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of
requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or
owning facilities or property which will or may result in pollutants entering stormwater, the storm drain system,
or waters of the U.S. shall implement BMPs to the Maximum Extend Practicable to prevent and reduce such
pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection
from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided
and maintained at the owner or operator's expense.
BMPs required by the Town can be obtained from the Stormwater Administrator's Office by requesting the BMP
information appropriate to a commercial or industrial activity from the Stormwater Best Management Practices
Manual.
Section 3.2 Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Division V, Section 5.1 herein, the Stormwater Administrator may require by written
notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinues the discharge
and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal
discharges.
Section 3.3 Requirement to Eliminate or Secure Avvroval for Illicit Connections.
(a) The Stormwater Administrator may require by written notice that a person responsible for an illicit connection to
the storm drain system comply with the requirements of this Article to eliminate or secure approval for the
connection by a specified date, regardless of whether or not the connection or discharges to it had been
established or approved prior to the effective date of this Article.
(b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible person can
demonstrate that an illegal discharge will no longer occur, said person may request Town approval to reconnect.
The reconnection or reinstallation of the connection shall be at the responsible person's expense.
Section 3.4 Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that
part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that
would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or
lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove
healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as
13

to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and
stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and
degradation of the watercourse originating or contributed from their property. Any disturbance or modification of a
watercourse must be conducted in a manner consistent with and, where required, under a valid permit issued by the State
of North Carolina and the U.S. Army Corps of Engineers.
Section 3.5 Requirement to Remediate.
Whenever the Stormwater Administrator finds that a discharge of pollutants is taking place or has occurred which will
result in or has resulted in pollution of stormwater, the storm drain system, or water of the U.S., the Stormwater
Administrator may require by written notice to the owner of the property and/or the responsible person that the pollution
be remediated and the affected property restored within a specified time pursuant to the provisions of Divisions 4 through
5 below.
Section 3.6 Requirement to Monitor and Analvze
The Stormwater Administrator may require by written notice of requirement that any person engaged in any activity
and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or
non-stormwater discharges to the storm drain system or waters of the U.S., undertake at said person's expense such
monitoring and analyses and furnish such reports as deemed necessary to determine compliance with this Article.
Section 3.7 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has information of any known or suspected release of materials which are
resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of
the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of
such release. In the event of such a release of a hazardous material, said person shall immediately notify emergency
response officials of the occurrence via emergency dispatch services (911). In the event of a release of non -hazardous
materials, said person shall notify the Stormwater Administrator's Office in person or by phone or facsimile no later than
5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and
mailed to the Town's Public Works Department within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records
shall be retained for at least three years.
Division IV.
Inspection and Monitoring.
Section 4.1 Authori1y to Inspect.
Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the Stormwater
Administrator has cause to believe that there exists, or potentially exists, in or upon any premises any condition which
constitutes a violation of this Article, the Administrator may enter such premises at all reasonable times to inspect the
same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry
after a request to enter and inspect has been made, the Town is hereby empowered to seek assistance from any court of
competent jurisdiction in obtaining such entry. The authority to inspect, and take associated enforcement actions under
this Ordinance, shall extend to all components of the drainage and storm water management facilities that drain to the
waters of the State of North Carolina or to waters of the United States on any public or private property, regardless of
when those facilities were constructed.
Section 4.2 Authority to Sample, Establish Sampling Devices. and Test.
14

During any inspection as provided herein, the Stormwater Administrator may take any samples and perform any testing
deemed necessary to aid in the pursuit of the inquiry or to record site activities.
Division V.
Section 5.1 Enforcement.
(a) Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any
act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection,
alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a
violation of this Ordinance.
(b) The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder,
contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is
contrary to the requirements of this Ordinance may be held responsible for the violation and be subject to the
penalties and remedies provided herein.
(c) Failure to follow an approved Stormwater Management Plan or Permit shall constitute a violation of this
Ordinance and subject to the penalties and remedies provided herein.
(d) Procedures upon discovery of violations shall be as follows:
i. Upon determination that any provision of this Section is being violated, the Stormwater Administrator
shall deliver a written notice by personal service or by registered or certified mail, return receipt
requested, to the person(s) responsible for such violation, indicating the nature of the violation and
ordering the action necessary to correct it. Additional written notices may be sent at the Stormwater
Administrator's discretion.
ii. The final written notice, which may also be the initial notice, shall state the action the Stormwater
Administrator intends to take if the violation in not corrected, and shall advise that the Stormwater
Administrator's order may be appealed as provided in Section 1.12 Variances and Appeals.
iii. In cases when delay would seriously threaten the effective enforcement of this Ordinance, or pose a
danger to the public health, safety, or general welfare, the Stormwater Administrator may seek
enforcement without prior written notice by invoking any of the penalties or remedies contained in
Section 5.1(e).
(e) Penalties and remedies shall be as follows:
L Any violation of any provision of any Section of the Stormwater Management Ordinance shall constitute
a misdemeanor and shall subject the violator to the maximum fine permissible under North Carolina law.
ii. Any act constituting a violation of this Ordinance shall also subject the offender to a civil penalty up to
the full amount of penalty to which the Town of China Grove is subject for violations of its Phase II
Stormwater permit, or $27,500 per day for each violation. If the offender fails to pay the penalty within
ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Town in
a civil action in the nature of a debt. A civil penalty may not be appealed to the Stormwater
Administrator if the offender received a final written notice of violation and did not file the appeal within
30 days.
Any person who negligently violates any permit condition of the Phase II Stormwater permit issued to the
Town of China Grove is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more that i year, or both.
15

iv. Any person who knowingly violates conditions of the Phase II Stormwater permit issued to the Town of
China Grove is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment
for not more than 3 years, or both.
V. Any person who violates a condition of the Phase II Stormwater permit issued to the Town of China
Grove may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum
amount not to exceed $137,500.
vi. Each day that any violation continues after receipt of the final written notice of such violation shall
constitute a separate violation and a separate offense for purposes of the penalties and remedies specified
herein.
vii. In addition to the penalties and remedies above, the Town may institute any appropriate action or
proceedings to prevent, restrain, or abate a violation of this Ordinance.
(f) Illegal Discharge: Any person that allows, acts in concert, participates, directs, or assists directly or indirectly in
an illegal discharge shall be subject to civil penalties as follows:
For first time offenders, if the quantity of the discharge is equal to or less than five (5) gallons and
consists of domestic or household products, said person shall be assessed a civil penalty not to exceed one
hundred dollars ($100.00) per violation or per day for any continuing violation. If the quantity of the
discharge is greater than five (5) gallons or contains non -domestic substances or if the person cannot
provide clear and convincing evidence of the volume and nature of the substance discharged, said person
shall be assessed a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or per day
for continuing violation.
ii. For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous
penalty not to exceed ten thousand dollars ($10,000.00) per violation or per day for any continuing
violation.
iii. The Stormwater Administrator shall take the following into consideration when determining the civil
penalty amount:
a) The degree and extent of harm to the environment, public health, and property.
b) The cost of remedying the damage.
c) The willfulness of the violation.
d) The duration of the violation.
e) The violator's prior record in complying or failing to comply with this ordinance.
f) The amount of money saved by the violator by noncompliance.
iv. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation,
the Town in a civil action may recover the penalty. A civil penalty may be appealed under the process
provided in Section 1.12 Variances and Appeals. A civil penalty may not be appealed if the offender
received a final written notice of violation and penalty and did not file and appeal within 30 days.
V. Each day that any violation continues after receipt of the final written notice of such violation shall
constitute a separate violation and a separate offense for purposes of the penalties and remedies specified
herein.
vi. In addition to the penalties and remedies above, the Town may institute any appropriate action or
proceedings to prevent, restrain, correct, or abate a violation of this ordinance.
L

Section 5.2 Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated a prohibition or failed to meet a requirement of
this Article, the Stormwater Administrator may order compliance by written Notice Of Violation to the responsible
person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting.
(b) The elimination of illicit connections or discharges.
(c) That violating discharges, practices, or operations shall cease and desist.
(d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any
affected property.
(e) Payment of a fine to cover administrative and remediation costs.
(f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within
which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by the Stormwater Administrator, or a
contractor designated by the Stormwater Administrator, and the expense thereof shall be charged to the violator pursuant
to Section 5.5.
Section 5.3 Appeal.
Notwithstanding the provisions of Section 5.6 below, any person receiving a Notice of Violation under Section 5.2 above
may appeal the determination of the Stormwater Administrator under the process provided in Section 1.12 Variances and
Appeals.
Section 5.4 Abatement.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or in the event of
an appeal under Section 5.3 within 10 days of the decision of the Appeals Officer or of the Technical Review Committee,
upholding the decision of the Stormwater Administrator, then the Stormwater Administrator or a contractor designated by
the Stormwater Administrator shall enter upon the subject private property and is authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the Town or designated contractor to enter upon the premises for the
purposes set forth above.
Section 5.5 Charaina Cost of Abatement/Liens.
Within 30 days after abatement of the nuisance by Town, the Stormwater Administrator shall notify the property owner of
the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment with the Town Manager within 15 days. The Town Manager shall set the matter for public
hearing by the Town Council. The decision of the Town Council shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the Town Council or the expiration of the time in which to
file an appeal under this Section, the charges shall become a special assessment against the property and shall constitute a
lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to Rowan County so
that the County may enter the amounts of the assessment against the parcel as it appears on the current assessment roll,
and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
17

Section 5.6 Urgency Abatement.
The Stormwater Administrator is authorized to require immediate abatement of any violation of this Article that
constitutes an immediate threat to the health, safety, or well-being of the public. If any such violation is not abated
immediately as directed by the Stormwater Administrator, the Stormwater Administrator is authorized to enter onto
private property and to take any and all measures required to remediate the violation. Any expense related to such
remediation undertaken by the Stormwater Administrator shall be fully reimbursed by the property owner and/or
responsible party. Any relief obtained under this Section shall not prevent the Stormwater Administrator from seeking
other and further relief authorized under this Article.
Section 5.7 Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Article.
A violation of or failure to comply with any of the requirements of this Article shall constitute a misdemeanor and shall be
punished as set forth in Town Code.
Section 5.8 Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Stormwater Administrator may
impose upon violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance
workshops, creek cleanup, or other appropriate actions.
Section 5.9 Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties herein before provided, any condition caused or permitted to exist
in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be summarily abated or restored by the Town at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the'Town.
Section 5.10 Acts Potentially Resulting in a Violation of the Federal Clean Water Act
Any person who violates any provision of this Article or any provision of any requirement issued pursuant to this Section,
may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts including civil and
criminal penalties. Any enforcement action authorized under this Article shall also include written notice to the violator of
such potential liability.
SECTION 2. This Ordinance shall be in full force and effect on August 2, 2011.
10_ _-91 k g2.
Donald E. Bringle, Mayor 6
1s
�►lip �.�`�',♦,..��� I � �
.�da A. MWI;kri Clerk