NCS000515_STORMWATER CONTROL ORDINANCE_20200921

ARTICLE V. - STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL
DIVISION 1. - TITLE, PURPOSE AND GENERAL PROVISIONS
Sec. 54-331. - 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.
(Ord. of 8-2-2011, § 1.1)
Sec. 54-332. - Authority.
Under G.S. ch. 160A, 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.
(Ord. of 8-2-2011, § 1.2)
Sec. 54-333. - Purpose and intent.
The purpose and intent of this article is to:
(1) 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.
(2) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of
stormwater runoff from development within the Town of China Grove.
(3) 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.
(Ord. of 8-2-2011, § 1.3)
Sec. 54-334. -Applicability.
The provisions of the article shall apply to all areas within the incorporated limits of the Town of
China Grove. This article 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.
(Ord. of 8-2-2011, § 1.4)
Sec. 54-335. - Exceptions to applicability.

This stormwater management article shall not apply to those activities exempted in specific sections
of this article or as identified below:
(1) Existing permitted developments may be continued and maintained. Expansion to existing
structures, classified as existing development, must meet the provisions of this article.
(2) Activities on a bona fide farm unless the activity is for non -farm purpose.
(Ord. of 8-2-2011, § 1.5)
Sec. 54-336. - Definitions.
The terms used in this article shall have the following meanings:
Applicant means an owner or developer of a site who executes the stormwater permit application
pursuant to this article.
Best management practices means 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.
Bona fide farm means 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, daily, livestock, fish and shellfish, poultry, and other
agricultural products having a domestic or foreign market, and excludes commercial and industrial
processing.
Building means any structure, either temporary or permanent, having walls and a roof, designed for a
shelter of any person, animal, or property.
Built -upon area means 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.
Channel means a natural or artificial watercourse with a definite bed and banks that conducts flowing
water.
Channel bank means 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.
Town means the Town of China Grove, North Carolina.
Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Construction activity means 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.
Design storm means 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.

Development means 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.
Drainage structures shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts,
and other structures designed to convey stormwater.
Grandfathered rights. See "Vested rights."
Hazardous materials means 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.
Illicit connections means an illicit connection is defined as either of the following:
(1) 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
(2) 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.
Illicit discharge means 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 2, section 54-361 of this article.
Impervious surface means 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.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR, section
122.26(b)(14).
Intermittent streams means a natural drainage way, which shows up as a blue line on the most
recent version of the U.S.G.S. 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 article.
Land disturbing activities means 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.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits means
general, group, and individual stormwater discharge permits that regulate facilities defined in federal
NPDES regulations pursuant to the Clean Water Act.
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.
Non-stormwater discharge means any discharge to the storm drain system that is not composed
entirely of stormwater.

Owner means 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.
Perennial stream means 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 article.
Pollutant means anything that causes or contributes to pollution. Pollutants shall include, but are not
limited to: paints, vanishes, 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.
Pollution means 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.
Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Riparian buffer means 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 article, a natural drainage way or surface water shall be present if
the feature is approximately shown on the most recent version of the 1:24,000 (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 (NRCS).
Sheet flow means the even flow of water across the land surface so that there is no discernable
"concentration" of water.
Soil erosion and sedimentation control plan means 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.
Storm drain system means 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.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water from
atmospheric precipitation.
Stormwater administrator means 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 article are being followed.
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.
Stormwater best management practices manual means 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.
Stream buffer means strips of land adjacent to streams and rivers which are retrained in their natural
vegetated, revegetated or reforested state through the preservation of appropriate perennial vegetation.
Structural stormwater facility means 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.
Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs,
billboards, poster panels, swimming pools, manufactured houses, modular houses, and underground
shelters.
Vegetative buffer means 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.
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.
Water dependent structures means 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.
Waters of the United States means 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.
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."
(Ord. of 8-2-2011, § 1.6)
Sec. 54-337. - Interpretation.
(a) In interpreting and applying this article, 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 article 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 article imposes greater restrictions
and controls with respect to stormwater management, the provisions of this article shall prevail.
(c) This article 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.
(Ord. of 8-2-2011, § 1.7)

Sec. 54-338. - Permits.
(a) Except where provided elsewhere, development shall not commence without obtaining a
stormwater permit pursuant to the provisions of this article.
(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:
(1) Approval by the stormwater administrator of the supporting information.
(2) Submission and approval of any required easements.
(3) Submission and approval of any required inspection and maintenance agreements.
(4) 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 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.
(Ord. of 8-2-2011, § 1.8)
Sec. 54-339. - Fees.
A list of fees associated with the article is available at the Town of China Grove Stormwater
Administrator's Office.
(Ord. of 8-2-2011, § 1.9)
Sec. 54-340. - Applicability 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 article 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 G.S. 153A-344.1 or G.S. 160A-
385.1; or
• Having an approved site specific or phased development plan in compliance with G.S. 153A-
344.1 or G.S. 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 article.
(Ord. of 8-2-2011, § 1.10)
Sec. 54-341. - Responsibility 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.
(Ord. of 8-2-2011, § 1.11)
Sec. 54-342. - 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.
(Ord. of 8-2-2011, § 1.12)
Sec. 54-343. - 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.
(Ord. of 8-2-2011, § 1.13)
Sec. 54-344. - Regulatory 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.

(Ord. of 8-2-2011, § 1.14)
Sec. 54-345. - 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 United States
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.
(Ord. of 8-2-2011, § 1.15)
Sec. 54-346. - Stormwater management.
(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
subsection (b) of this article, 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:
(1) 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.
(2) 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.
(3) 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 alteration of the
drainage path, or the ponding of water, or a change in the stormwater flow on the adjoining
parcel.
(4) 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 shall:
(1) Include drawings, maps, supporting calculations, specifications, and summaries as outlined in
the stormwater best management practices manual.
(2) 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.
(3) 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 percent 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 one-year and ten-year design storm events, and other
events as specifically required by the town's stormwater best management practices manual.
(4) 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 extent practicable and that those facilities are designed to meet the criteria
described in the stormwater best management practices manual.
(5) All stormwater management plans submitted for developments that incorporate structural
stormwater facilities or developments where the density exceeds 24 percent 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.
(d) Stormwater facilities inspection and maintenance requirements.
(1) 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.
(Ord. of 8-2-2011, § 1.16)

Sec. 54-347. - 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:
(1) 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.
(2) Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are not
part of a natural drainage way.
(3) Where application of these requirements would prevent all prospective use of a lot platted and
recorded prior to the effective date of this article.
(4) 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.
(5) 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.
(6) Ditches and manmade conveyances other than modified natural streams.
(c) The stream buffer shall be measured from the top of channel bank landward:
(1) 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 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.
(2) 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:
(1) New on -site sewage systems, which utilize ground absorption.
(2) 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.
(Ord. of 8-2-2011, § 1.17)
Secs. 54-348-54-360. - Reserved.

DIVISION 2. - DISCHARGE PROHIBITIONS
Sec. 54-361. - 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:
(1) Discharges from the following activities will not be considered a source of pollutants to the
storm drain system and to waters of the United States 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 article: 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.
(2) 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.
(3) 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
United States.
(Ord. of 8-2-2011, § 2.1)
Sec. 54-362. - 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 section 54-361 above, are
unlawful.
(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 article. 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:
a. The quantity and complexity of the work;
b. The consequences of delay;
c. The potential harm to the environment, to the public health, and to public and private
property; and
d. The cost of remedying the damage.
(d) The construction, use, maintenance, or continued existence of illicit connections to the storm drain
system is prohibited.
(Ord. of 8-2-2011, § 2.2)
Sec. 54-363. - 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 United States, 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.
(Ord. of 8-2-2011, § 2.3)
Sec. 54-364. - 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.
(Ord. of 8-2-2011, § 2.4)
Secs. 54-365-54-394. - Reserved.
DIVISION 3. - REGULATIONS AND REQUIREMENTS
Sec. 54-395. - 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
United States, as documented in a separate 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 United States, 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 United States shall implement BMPs to the maximum extent
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.
(Ord. of 8-2-2011, § 3.1)
Sec. 54-396. - Requirement to eliminate illegal discharges.
Notwithstanding the requirements of division 5, section 54-446 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.
(Ord. of 8-2-2011, § 3.2)
Sec. 54-397. - Requirement to eliminate or secure approval 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.
(Ord. of 8-2-2011, § 3.3)

Sec. 54-398. - 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 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.
(Ord. of 8-2-2011, § 3.4)
Sec. 54-399. - 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 United States, 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.
(Ord. of 8-2-2011, § 3.5)
Sec. 54-400. - Requirement to monitor and analyze.
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
United States, undertake at said person's expense such monitoring and analyses and furnish such
reports as deemed necessary to determine compliance with this article.
(Ord. of 8-2-2011, § 3.6)
Sec. 54-401. - 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 United States 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.
(Ord. of 8-2-2011, § 3.7)
Secs. 54-402-54-425. - Reserved.
DIVISION 4. - INSPECTION AND MONITORING
Sec. 54-426. - Authority 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 article, shall extend to all components of the drainage and stormwater 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.
(Ord. of 8-2-2011, § 4.1)
Sec. 54-427. - Authority to sample, establish sampling devices, and test.
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.
(Ord. of 8-2-2011, § 4.2)
Secs. 54-428-54-445. - Reserved.
DIVISION 5. - [ENFORCEMENT AND PENALTIES]
Sec. 54-446. - Enforcement.
(a) Whenever, by the provisions of this article, 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 article.
(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 article 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 article and subject to the penalties and remedies provided herein.
(d) Procedures upon discovery of violations shall be as follows:
(1) 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.
(2) The final written notice, which may also be the initial notice, shall state the action the
stormwater administrator intends to take if the violation is not corrected, and shall advise that
the stormwater administrator's order may be appealed as provided in section 54-342, variances
and appeals.
(3) In cases when delay would seriously threaten the effective enforcement of this article, 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 subsection (e).
(e) Penalties and remedies shall be as follows:
(1) 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.
(2) Any act constituting a violation of this article 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 $27,500.00 per day for each violation. If the offender fails to pay
the penalty within ten 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.
(3) 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 $2,500.00 to $25,000.00
per day of violation, or imprisonment for not more than one year, or both.
(4) 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 $5,000.00 to $50,000.00 per day of
violation, or imprisonment for not more than three years, or both.
(5) 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 $11,000.00 per violation
with the maximum amount not to exceed $137,500.00.
(6) 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.
(7) 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 article.
(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:
(1) For first time offenders, if the quantity of the discharge is equal to or less than five gallons and
consists of domestic or household products, said person shall be assessed a civil penalty not to
exceed $100.00 per violation or per day for any continuing violation. If the quantity of the
discharge is greater than five 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 $1,000.00 per violation
or per day for continuing violation.
(2) For repeat offenders, the amount of the penalty shall be double the amount assessed for the
previous penalty not to exceed $10,000.00 per violation or per day for any continuing violation.
(3) 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 article.
f. The amount of money saved by the violator by noncompliance.
(4) If the offender fails to pay the penalty within ten 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 54-342, 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.
(5) 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.
(6) 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 article.
(Ord. of 8-2-2011, § 5.1)
Sec. 54-447. - 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:
(1) The performance of monitoring, analyses, and reporting.
(2) The elimination of illicit connections or discharges.
(3) That violating discharges, practices, or operations shall cease and desist.
(4) The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property.
(5) Payment of a fine to cover administrative and remediation costs.
(6) 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 54-450.
(Ord. of 8-2-2011, § 5.2)
Sec. 54-448. - Appeal.
Notwithstanding the provisions of section 54-451 below, any person receiving a notice of violation
under section 54-447 above may appeal the determination of the stormwater administrator under the
process provided in section 54-342, variances and appeals.
(Ord. of 8-2-2011, § 5.3)

Sec. 54-449. - 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 54-448 within ten 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.
(Ord. of 8-2-2011, § 5.4)
Sec. 54-450. - Charging 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 ten 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.
(Ord. of 8-2-2011, § 5.5)
Sec. 54-451. - 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.
(Ord. of 8-2-2011, § 5.6)
Sec. 54-452. - 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.
(Ord. of 8-2-2011, § 5.7)
Sec. 54-453. - 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.
(Ord. of 8-2-2011, § 5.8)
Sec. 54-454. - Violations deemed a public nuisance.
In addition to the enforcement processes and penalties hereinbefore 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.
(Ord. of 8-2-2011, § 5.9)
Sec. 54-455. - 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.
(Ord. of 8-2-2011, § 5.10)