NCS000409_Post-Construction Ordinance_20210218

Permit NCS000409 — 2017-2022
City of Belmont Watershed Ordinance
CITY OF BELMONT STORMWATER MANAGEMENT PROGRAM

Section
CHAPTER 153: WATERSHED PROTECTION ORDINANCE
AUTHORITYAND GENERAL REGULATIONS
153.01
Authority and Enactment
153.02
Jurisdiction
153.03
Exceptions to Applicability
153.04
Repeal of Existing Watershed Ordinance
153.05
Criminal Penalties
153.06
Remedies
153.07
Severability
SUBDIVISION REGULATIONS
153.10 General Provisions
153.11 Subdivision Application and Review Procedures
153.12 Subdivision Standards and Required Improvements
153.13 Construction Procedures
153.14 Penalties for Transferring Lots in Unapproved Subdivisions
DEVELOPMENT REGULATIONS
153.25
Establishment of Watershed Areas
153.26
Watershed Areas Described
153.27
Cluster Development
153.28
Buffer Areas Required
153.29
Rules Governing the Interpretation of Watershed Area Boundaries
153.30
Application of Regulations
153.31
Existing Development
153.32
Watershed Protection Permit
153.33
Building Permit Required
153.34
Watershed Protection Occupancy Permit
153.35
Fees
HIGH DENSITY DEVELOPMENT
153.45
High Density Development Standards
153.46
High Density Development Permit Application
153.47
Stormwater Control Structures
153.48
Posting of Financial Security Required
153.49
Maintenance and Upkeep
153.50
Application and Inspection Fees
153.51
Inspections and Release of the Performance Bond
153.52
Sanctions
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PUBLIC HEALTH REGULATIONS
153.60 Public Health, in General
153.61 Abatement
ADMINISTRATION, ENFORCEMENT AND APPEALS
153.70
Watershed Administrator and Duties Thereof
153.71
Appeal from the Watershed Administrator
153.72
Changes and Amendments to the Watershed Protection Ordinance
153.73
Public Notice and Hearing Required
153.74
Establishment of Watershed Review Board
153.75
General Proceedings of the Watershed Review Board
153.76
Meetings
153.77
Rules of Conduct for Members
153.78
Powers and Duties or the Watershed Review Board
153.79
Appeals from the Watershed Review Board
153.80
Operation and Maintenance Agreement
DEFINITIONS
153.90 General Definitions
153.91 Word Interpretation
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AUTHORITYAND GENERAL REGULATIONS
§ 153.01 AUTHORITY AND ENACTMENT.
The Legislature of the State of North Carolina has, in NCGS160A, Article 8, Section 174, General
Ordinance Authority; and in NCGS 143, Article 21, Watershed Protection Rules, delegated the
responsibility or directed local governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry. The City Council of Belmont does hereby ordain and
enact into law the following articles as the Watershed Protection Ordinance of the city.
§ 153.02 JURISDICTION.
The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply
Watershed by the N.C. Environmental Management Commission and shall be defined and established
on the map entitled, "Watershed Protection Map of the City of Belmont, North Carolina" ("the
Watershed Map"), which is adopted simultaneously herewith. The Watershed Map and all explanatory
matter contained thereon accompanies and is hereby made a part of this Ordinance. This Ordinance
shall be permanently kept on file in the office of the City Clerk.
§ 153.03 EXCEPTIONS TO APPLICABILITY.
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation,
or any ordinance or regulation pertaining thereto except any ordinance which these regulations
specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions
of the Code of Ordinances of the city; however, the adoption of this Ordinance shall and does amend
any and all ordinances, resolutions, and regulations in effect in the city at the time of the adoption of
this Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to
conflict with any of its provisions.
(B) It is not intended that these regulations interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.
(C) Existing development, as defined in this Ordinance, is not subject to the requirements of this
Ordinance. Expansions to structures classified as existing development must meet the requirements
of this Ordinance, however, the built -upon area of the existing development is not required to be
included in the density calculations.
(D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party,
then that lot of record shall not be subject to the development restrictions of this Ordinance if it is
developed for single-family residential purposes. Any lot or parcel created as part of a family
subdivision after the effective date of these rules shall be exempt from these rules if it is developed for
one single-family detached residence and if it is exempt from local subdivision regulation. Any lot or
parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance
shall be subject to the land use requirements (including impervious surface requirements) of these
rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum
3 Adopted March 7, 2016

extent practicable.
(E) In cases where average development density on up to two noncontiguous properties is use for
the purposes of achieving compliance with the water supply watershed standards per the provisions of
NCGS 143-214.5(d2) as follows:
(1) The properties are within the same water supply watershed. If one of the properties is
located in the critical area of the watershed, the critical area property shall not be developed
beyond the applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 213.0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the
maximum extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the
local government can ensure long-term compliance through deed restrictions and an
electronic permitting mechanism. A metes and bounds description of the areas to remain
vegetated and limits on use shall be recorded on the subdivision plat, in homeowners'
covenants, and on individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A special use permit or other such permit or certificate shall be obtained from the local
Watershed Review Board to ensure that both properties considered together meet the
standards of the watershed ordinance and that potential owners have record of how the
watershed regulations were applied to the properties.
§153.04 REPEAL OF EXISTING WATERSHED ORDINANCE.
This Ordinance in part carries forward by re-enactment, some of the Watershed Ordinance of the
City of Belmont, North Carolina (adopted by the City Council on July 1, 1993 and as amended), and
it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so
that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All
4 Adopted March 7, 2016

provisions of the Watershed Ordinance which are not re-enacted herein are hereby repealed. All suits
at law or in equity and/or all prosecutions resulting from the violation of any ordinance provisions
heretofore in effect, which are now pending in any court of this state or of the United States, shall not
be abated or abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their
finality the same as if this Ordinance had not been adopted; and any and all violations of the existing
Watershed Protection Ordinance, prosecutions for which have not yet been instituted, may be
hereafter filed and prosecuted; and nothing in this Ordinance shall be so construed as to abandon,
abate or dismiss any litigation or prosecution now pending and/or which may heretofore have been
instituted or prosecuted.
§ 153.05 CRIMINAL PENALTIES.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall
not exceed $500.00. Each day that the violation continues shall constitute a separate offense.
§ 153.06 REMEDIES.
(A) If any subdivision, development and/or land use is found to be in violation of this Ordinance,
the City Council may, in addition to all other remedies available either in law or in equity, institute a civil
penalty in the amount of $1,000.00, action or proceedings to restrain, correct, or abate the violation; to
prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or
use in or about the premises. In addition, the N.C. Environmental Management Commission may
assess civil penalties in accordance with NCGS 143-215.6(a). Each day that the violation continues
shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this Ordinance are being
violated, they shall notify in writing the person responsible for such violation, indicating the nature of the
violation, and ordering the action necessary to correct it. They shall order discontinuance of the illegal
use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations
or structural changes thereto; discontinuance of any illegal work being done; or shall take any action
authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. If a
ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such
ruling to the Watershed Review Board.
§ 153.07 SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of
competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any
part thereof that is not specifically declared to be invalid or unconstitutional.
SUBDIVISION REGULATIONS
§ 153.10 GENERAL PROVISIONS.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded
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by the Gaston County Register of Deeds until it has been approved in accordance with the provisions
of this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat
if the recording of such plat would be in conflict with this subchapter.
(B) The approval of a plat does not constitute or effect the acceptance by the city or the public of
the dedication of any street or other ground, easement, right-of-way, public utility line, or other public
facility shown on the plat and shall not be construed to do so.
(C) All subdivisions shall conform to the mapping requirements contained in NCGS 47-30.
(D) All subdivisions of land within the jurisdiction of the city after the effective date of this
Ordinance shall require a plat to be prepared, approved, and recorded pursuant to this Ordinance.
§ 153.11 SUBDIVISION APPLICATION AND REVIEW PROCEDURES.
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by
submitting a vicinity map to the Watershed Administrator to determine whether or not the property is
located within the designated Public Water Supply Watershed. Subdivisions that are not within the
designated watershed area shall not be subject to the provisions of this Ordinance and may be
recorded provided the Watershed Administrator initials the vicinity map. In addition, subdivisions within
a WS-IV watershed are subject to the provisions of this Ordinance only when an erosion and
sedimentation plan is required under the provisions of State law, or approved local program.
Subdivisions within the designated watershed area shall comply with the provisions of this Subchapter
and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The application shall
include a completed application form, 2 copies of the plat and supporting documentation deemed
necessary by the Watershed Administrator or the Watershed Review Board.
(C) The Watershed Administrator shall review the completed application and shall either approve,
approve conditionally or disapprove each application. The Watershed Administrator shall take final
action within 45 days of submission of the application. The Watershed Administrator or the Board may
provide public agencies an opportunity to review and make recommendations. However, failure of the
agencies to submit their comments and recommendations shall not delay action within the prescribed
time limit. Said public agencies may include, but are not limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
(2) The director of the Health Department with regard to proposed private water system or
sewer systems normally approved by the Health Department.
(3) The state Division of Water Infrastructure with regard to proposed sewer systems normally
approved by the Division, engineered storm water controls or storm water management in
general.
(4) Any other agency or official designated by the Watershed Administrator or Watershed
Review Board.
6 Adopted March 7, 2016

(D) If the Watershed Administrator approves the application, such approval shall be indicated on
both copies of the plat by the following certificate and signed by the Watershed Administrator:
Certificate of Approval for Recording
1 certify that the plat shown hereon complies with the Watershed
Protection Ordinance and is approved by the Watershed Review Board
for recording in the Register of Deeds office.
Date Watershed Administrator
NOTICE: This property is located within a Public Water Supply
Watershed - development restrictions may apply.
(E) If the Watershed Administrator disapproves or approves conditionally the application, the
reasons for such action shall be stated in writing for the applicant and entered in the minutes. The
subdivider may make changes and submit a revised plan which shall constitute a separate request for
the purpose of review and application fees.
(F) All subdivision plats shall comply with the requirements for recording of the Gaston County
Register of Deeds.
(G) The plat shall be recorded within 30 days of approval. The subdivider shall provide the
Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within 5
working days. Penalty, see §153.05 and Remedies, see §153.06.
§ 153.12 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
(A) Adequate Building Space. All lots shall provide adequate building space in accordance with the
development standards contained in §153.25 through §153.34. Lots which are smaller than the
minimum required for residential lots may be developed using built -upon area criteria in accordance
with §153.25 through §153.34.
(B) Built —Upon Area. For the purpose of calculating built -upon area, total project area shall include
total acreage in the tract on which the project is to be developed.
(C) Storm Water Drainage Facilities. The application shall be accompanied by a description of the
proposed method of providing storm water drainage. The subdivider shall provide a drainage system
that diverts stormwater runoff away from surface waters and incorporates best management practices
to minimize water quality impacts.
(D) Erosion and Sedimentation Control. The application shall, where required, be accompanied by
a written statement that a Sedimentation and Erosion Control Plan has been submitted to and
approved by the Gaston Natural Resources Department.
7 Adopted March 7, 2016

(E) Roads. Roads constructed in critical areas and watershed buffer areas. Where possible,
roads should be located outside of critical areas and watershed buffer areas. Roads constructed within
these areas shall be designed and constructed to minimize their impact on water quality.
§ 153.13 CONSTRUCTION PROCEDURES.
(A) No construction or installation of improvements shall commence in a proposed subdivision until
a subdivision plat has been approved.
(B) No building or other permits shall be issued for erection of a structure on any lot not of record at
the time of adoption of this Ordinance until all requirements of this Ordinance have been met. The
subdivider, prior to commencing any work within the subdivision, shall make arrangements with the
Watershed Administrator to provide for adequate inspection.
§ 153.14 PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS.
(A) Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of the city, thereafter subdivides their land in violation of this Ordinance or transfers or sells
land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before
the plat has been properly approved under this Ordinance and recorded in the office of the Register of
Deeds, shall be guilty of a misdemeanor.
(B) The description by metes and bounds in the instrument of transfer or other document used in
the process of selling or transferring land shall not exempt the transaction from this penalty.
(C) The city may bring an action for injunction of any illegal subdivision, transfer, conveyance, or
sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the
offending party to comply with this Ordinance.
DEVELOPMENT REGULATIONS
§ 153.25 ESTABLISHMENT OF WATERSHED AREAS.
(A) The purpose of this Subchapter is to list and describe the watershed areas herein adopted.
(B) For purposes of this Ordinance, the city and its one mile extraterritorial jurisdiction are hereby
divided into the following areas, as appropriate:
(1) WS-IV-CA (Critical Area)
(2) WS-IV-PA (Protected Area)
§ 153.26 WATERSHED AREAS DESCRIBED.
(A) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new development activities that
$ Adopted March 7, 2016

require an erosion/sedimentation control plan under State law or approved local program are required
to meet the provisions of this Ordinance when located in a WS-IV watershed. In order to address a
moderate to high land use intensity pattern, single family residential uses are allowed at a maximum of
2 dwelling units per acre. All other residential and non-residential development shall be allowed at a
maximum of 24% built -upon area. New residuals application sites and landfills are specifically
prohibited.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil
and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 11.0101-.0209).
(c) Residential.
(d) Non-residential development, excluding landfills and sites for land application of
residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two dwelling units per acre on
a project by project basis. No residential lot shall be less than 1/2 acre (or 20,000 square
feet excluding roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed 24% built -
upon area on a project by project basis. For the purpose of calculating the built -upon area,
total project area shall include total acreage in the tract on which the project is to be
developed.
(c) High density options using engineered stormwater control devices are permitted in this
district in accordance with §153.45 through §153.52
(B) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development activities that
require an erosion/sedimentation control plan under State law or approved local government program
are required to meet the provisions of this Ordinance when located in a WS-IV watershed. In order to
accommodate moderate to high land use intensity, single family residential uses shall develop at a
maximum of 2 dwelling units per acre (2 du/ac). All other residential and non-residential development
shall be allowed at a maximum of 24% built -upon area. A maximum of 3 dwelling units per acre (3
du/ac) or 36% percent built -upon area is allowed for projects without a curb and gutter street system.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990.
9 Adopted March 7, 2016

(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 11.0101-.0209).
(c) Residential development.
(d) Non-residential development.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed 2 dwelling units per acre, as
defined on a project by project basis. No residential lot shall be less than 1/2 acre (or
20,000 square feet excluding roadway right-of-way), or 1/3 acre for projects without a curb
and gutter street system, except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed 24% built -
upon area on a project by project basis. For projects without a curb and gutter street
system, development shall not exceed 36% built -upon area on a project by project basis.
For the purpose of calculating built -upon area, total project area shall include acreage in the
tract on which the project is to be developed.
(c) High density options using engineered stormwater control devices are permitted in this
district in accordance with §153.45 through §153.52
§ 153.27 CLUSTER DEVELOPMENT.
Cluster development, if allowed under current city zoning and subdivision ordinances, is allowed in all
Watershed Areas under the following conditions:
(A) Minimum lot sizes are not applicable to single family cluster development projects; however,
the total number of lots shall not exceed the number of lots allowed for single family detached
developments in §153.26. Density or built -upon area for the project shall not exceed that allowed for
the critical area, balance of watershed or protected area, whichever applies.
(B) All built -upon area shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through
vegetated areas, and maximize the flow length through vegetated areas.
(C) Areas of concentrated density development shall be located in upland area and away, to the
maximum extent practicable, from surface waters and drainage ways.
(D) The remainder of the tract shall remain in a vegetated or natural state. The title to the open
space area shall be conveyed to an incorporated homeowners association for management; to a local
government for preservation as a park or open space; or to a conservation organization for
preservation in a permanent easement. Where a property association is not incorporated, a
maintenance agreement shall be filed with the property deeds.
10 Adopted March 7, 2016

(E) Cluster developments that meet the applicable low density requirements shall transport
stormwater runoff by vegetated conveyances to the maximum extent practicable.
§ 153.28 BUFFER AREAS REQUIRED.
(A) A minimum 100 foot vegetative buffer is required for all new development activities that exceed
the low density option; otherwise, a minimum 50 foot buffer is required along the Catawba River
mainstem per 15A NCAC 02B.0243 riparian buffer rule, and a minimum 30 foot vegetative buffer for
development activities is required along all perennial waters indicated on the most recent versions of
U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
Desirable artificial streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive increases in
impervious area and public projects such as road crossings and greenways where no practical
alternative exists. These activities should minimize built -upon surface area, direct runoff away from the
surface waters and maximize the utilization of stormwater Best Management Practices.
§ 153.29 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed
Map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor
may be submitted to the city as evidence that one or more properties along these boundaries do not lie
within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any
parallel lot line, the location of watershed area boundaries shall be determined by use of the scale
appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any
parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed
Map as to location of such boundaries. This decision may be appealed to the Watershed Review
Board.
§ 153.30 APPLICATION OF REGULATIONS.
(A) No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is located.
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(B) No area required for the purpose of complying with the provisions of this Ordinance shall be
included in the area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a watershed area, such
use or class of use is prohibited.
§ 153.31 EXISTING DEVELOPMENT.
Existing development as defined in this Ordinance, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet the
requirements of this Ordinance, however, the built -upon area of the existing development is not
required to be included in the built -upon area calculations.
(A) Uses of Land. This category consists of uses existing at the time of adoption of this Ordinance
where such use of the land is not permitted to be established hereafter in the watershed area in which
it is located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be reestablished.
(B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not in
conformance with the restrictions of this Ordinance that has been damaged or removed may be
repaired and/or reconstructed, except that there are no restrictions on single family residential
development, provided:
(1) Repair or reconstruction is initiated within 12 months and completed within 2 years of such
damage.
(2) The total amount of space devoted to built -upon area may not be increased unless
stormwater control that equals or exceeds the previous development is provided.
§ 153.32 WATERSHED PROTECTION PERMIT.
(A) Except where a single family residence is constructed on a lot deeded prior to the effective
date of this Ordinance, no building or built -upon area shall be erected, moved, enlarged or structurally
altered, nor shall any building permit be issued nor shall any change in the use of any building or land
be made until a Watershed Protection Permit has been issued by the Watershed Administrator. No
Watershed Protection Permit shall be issued except in conformity with the provisions of this Ordinance.
(B) Watershed Protection Permit applications shall be filed with the Watershed Administrator. The
application shall include a completed application form and supporting documentation deemed
necessary by the Watershed Administrator, and application fees as determined by City Council.
12 Adopted March 7, 2016

(C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may consult
with qualified personnel for assistance to determine if the application meets the requirements of this
Ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy
Permit for such use is not obtained by the applicant within 12 months from the date of issuance.
§ 153.33 BUILDING PERMIT REQUIRED.
No permit required under the North Carolina State Building Code shall be issued for any activity for
which a Watershed Protection Permit is required until that permit has been issued.
§ 153.34 WATERSHED PROTECTION OCCUPANCY PERMIT.
(A) The Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying
that all requirements of this Ordinance have been met prior to the occupancy or use of a building
hereafter erected, altered or moved and/or prior to the change of use of any building or land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be
applied for coincident with the application for a Watershed Protection Permit and shall be issued or
denied within 10 days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed Administrator
shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance
have been met coincident with the Watershed Protection Permit.
(D) If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall
notify the applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may be
occupied until the Watershed Administrator has approved and issued a Watershed Protection
Occupancy Permit.
§ 153.35 FEES.
City Council shall adopt from time to time, a schedule of fees for the permitting, enforcement and other
requirements, as specified in this chapter.
HIGH DENSITY DEVELOPMENT
§ 153.45 HIGH DENSITY DEVELOPMENT STANDARDS.
(A) The Watershed Review Board may approve high density development proposals consistent
with the following standards:
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(1) WS-IV Watershed Areas- Critical Area (WS-IV-CA). Where new development exceeds
either 2 dwelling units per acre or 24% built -upon area, engineered stormwater controls shall be
used to control runoff from the first inch of rainfall and development shall not exceed 50% built -
upon area.
(2) WS-IV Watershed Areas- Protected Area (WS-IV-PA). Where new development requires
a Sedimentation/Erosion Control Plan and exceeds either 2 dwelling units per acre or 24% built -
upon area or 3 dwelling units per area or 36% built -upon area for projects without curb and
gutter street systems, engineered stormwater controls shall be used to control runoff from the
first inch of rainfall and development shall not exceed 70% built -upon area.
(B) High density development shall meet the requirements of this Ordinance.
§ 153.46 HIGH DENSITY DEVELOPMENT PERMIT APPLICATION.
(A) A High Density Development Permit shall be required for new development exceeding the
requirements of the low density option.
(B) Application for a High Density Development shall be addressed and submitted to the
Watershed Review Board through the Watershed Administrator at least 30 days prior to a Watershed
Review Board meeting. Application for High Density Development Permit shall be made on the proper
form and shall include the following information:
(1) A completed High Density Development Permit Application signed by the owner of the
property. The signature of the consulting engineer or other agent will be accepted on the
application only if accompanied by a letter of authorization;
(2) Two reproducible copies of the development plan within the drainage basin including the
applicable information listed in the Application Forms, Subdivision Plat Checklist and detailed
information concerning built -upon area;
(3) Two reproducible copies of the plans and specifications of the stormwater control structure
consistent with §153.47;
(4) When required by law, written verification that a soil erosion and sedimentation control plan
has been approved by the appropriate state or local agency;
(5) Permit Application Fees consistent with §153.50.
(C) Prior to taking final action on any application, the Board or the Watershed Administrator may
provide an opportunity to public agencies affected by the development proposal to review and make
recommendations on the application. However, failure of the agencies to submit their comments and
recommendations shall not delay the Board's action within prescribed time limit.
(D) The Watershed Review Board shall either approve or disapprove each application for a High
Density Development Permit based on the applicable criteria contained in this Ordinance. First
consideration of a completed application shall be at the next regularly scheduled meeting of the Board
14 Adopted March 7, 2016

following its receipt. The Board shall take action on the application as its first consideration or within
65 days of its first consideration.
(1) If the Board approves the application based on its findings, such approval shall be indicated
on the permit and both copies of the site plan and both copies of the plans and specifications of
the stormwater control structure. A High Density Development Permit shall be issued after the
applicant posts a performance bond acceptable security as required in §153.48 (B)(1) and
executes an Operation and Maintenance Agreement as required in §153.48 (C). A copy of the
permit and one copy of each set of plans shall be kept on file at the Watershed Administrator's
office. The original permit and one copy of each set of plans shall be delivered to the applicant
either by personal service or registered mail, return receipt requested.
(2) If the Board disapproves the application based on its findings, the reasons for such action
shall be stated in the minutes of the Board and presented to the applicant in writing wither by
personal service or registered mail, return receipt requested. The applicant may make changes
and submit a revised plan. All revisions shall be submitted, reviewed, and acted upon by the
Board pursuant to the procedures of this section, and shall be considered a new submittal
subject to the requirements and application fees as set forth under this Ordinance.
(E) The Watershed Review Board shall issue a High Density Development Permit within sixty-five
(65) days of its first consideration upon finding that the proposal is consistent with the applicable
standards set forth in the Watershed Ordinance and the following conditions are met:
(1) The use will not endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved;
(2) The use minimizes impacts to water quality through the use of best management practices,
cluster development, and/or maximum setbacks from perennial waters;
(3) The use is consistent with the officially land use plan for the city.
If the Watershed Review Board finds that any one of the above conditions is not met, the Board shall
deny the application.
(F) In addition to any other requirements provided by this Ordinance, the Board may designate
additional permit conditions and requirements to assure that the use will be harmonious with the area
in which it is proposed to be located and with the spirit of this Ordinance. All additional conditions shall
be entered in the minutes of the meeting at which the permit is granted, on all plans and on the permit
certificate. All conditions so imposed shall run with the land and shall be binding upon the applicant
and the applicant's heir, successors, or assigns during the continuation of the permitted use.
(G) The Board shall issue a written ruling and make copies available at the office of the Watershed
Administrator and the City Clerk.
(H) If the Board approves the application based on its findings, such approval shall be indicated on
the permit and both copies of the site plan and both copies of the plans and specifications of the
stormwater control structure(s). A High Density Development Permit shall be issued after the applicant
15 Adopted March 7, 2016

posts a performance bond or other acceptable security as required in §153.48 (13)(1) and executes an
Operation and Maintenance Agreement as required in §153.48 (C). A copy of the permit and one copy
of each set of plans shall be kept on file at the Watershed Administrator's office. The original permit
and one copy of each set of plans shall be delivered to the applicant either by personal service or
registered mail, return receipt requested.
§ 153.47 STORMWATER CONTROL MEASURES.
(A) All stormwater control measures shall be designed by a North Carolina registered professional
with qualifications appropriate for the type of system required. These registered professionals are
defined as professional engineers, landscape architects, to the extent that the NCGS 89A allow and
land surveyors, to the extent that the design represents incidental drainage within a subdivision, as
provided in NCGS 89 (C)-3(7).
(B) All stormwater runoff from new built -upon surfaces within the project at build -out shall be
treated in a primary stormwater control measure (SCM). Primary SCMs shall include: wet ponds,
stormwater wetlands, infiltration systems, sand filters, bioretention cells, permeable pavement, green
roofs, and rainwater harvesting. Projects shall use an SCM or SCMs designed, constructed, and
maintained so that the project achieves either runoff treatment or runoff volume match, and:
(1) For projects that use an SCM or SCMs designed to achieve runoff treatment, the required
storm depth shall be one inch.
(2) For projects that use an SCM or SCMs designed to achieve runoff volume match, the post -
development runoff volume shall not exceed the pre -development runoff volume for the
90th percentile storm.
(C) The required stormwater treatment volume to be controlled shall be calculated using either the
Simple Method or the difference between pre- and post -development runoff volume computed using
the discrete NRCS Curve Number Method.
(1) SCMs shall meet the relevant "Minimum Design Criteria" set forth in the North Carolina
Department of Environmental Quality Stormwater BMP Manual which is hereby
incorporated by reference and is available at: http://portal.ncdenr.org/webllr/bmp-manual.
(2) Stormwater outlets shall be designed so that they do not cause erosion immediately
downslope of the discharge point during the peak flow from the 10-year storm event as
shown by engineering calculations.
(D) All land areas outside of the Stormwater control measure shall be provided with a ground cover
sufficient to restrain erosion within 30 days after any land disturbance. Upon completion of the
stormwater control structure, a permanent ground cover shall be established and maintained as part of
the maintenance agreement described in §153.49 (C).
(E) A description of the area containing the stormwater control measure shall be prepared and filed
in consistent with §153.51 (A) and (B), as a separate deed with the Gaston County Register of Deeds
along with any easements necessary for general access to the stormwater control measure. The
16 Adopted March 7, 2016

deeded are shall include the stormwater control measure, vegetative filters, all pipes and water control
structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and
reconstruction.
(F) Qualifying areas of the stormwater control measure may be considered pervious when
computing total built -upon area. However, if the structure is used to compute the percentage built -
upon area for one site, it shall not be used to compute built -upon are for any other site or area.
§ 153.48 POSTING OF FINANCIAL SECURITY REQUIRED.
(A) All new stormwater control structures shall be conditioned on the posting of adequate financial
assurance for the purpose of maintenance, repairs, or reconstruction necessary for adequate
performance of the stormwater control structures.
(B) Financial assurance shall be in the form of the following:
(1) Security Performance Bond or other security. The permit applicant shall obtain either a
performance bond from a surety bonding company authorized to do business in North Carolina,
an irrevocable letter of credit or other instrument readily convertible into cash at face value
payable to the city or placed in escrow with a financial institution designated as an official
depository of the city. The bond or other instrument shall be in an amount equal to 1.25 times
the total cost of the stormwater control structure, as estimated by the applicant and approved
by the Watershed Review Board. The total cost of the stormwater control structure shall
include the value of all materials such as piping and other structures; seeding and soil
stabilization; design and engineering; and grading, excavation, fill, etc. The cost shall not be
prorated as part of a larger project, but rather under the assumption of an independent
mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the Performance Bond.
Consistent with §153.51 (C)(1), the permit applicant shall deposit with the city either cash or
other instrument approved by the Watershed Review Board that is readily convertible into cash
at face value. The cash or security shall be in an amount equal to fifteen percent (15%) of the
total cost of the stormwater control structure or the estimated cost of maintaining the
stormwater control structure over a 10 year period, whichever is greater. The estimated cost of
maintaining the stormwater control structure shall be consistent with the approved operation
and maintenance plan or manual provided by the developer under §153.49 (A). The amount
shall be computed by estimating the maintenance cost for 25 years and multiplying this amount
by two -fifths or 0.4.
(C) Consistent with §153.46, the permit applicant shall enter into the binding Operation and
Maintenance Agreement between the Watershed Review Board and all interests in the development.
Said Agreement shall require the owning entity to maintain, repair, and if necessary, reconstruct the
stormwater control structure in the accordance with the operation management plan or manual
provided by the developer. The Operation and Maintenance Agreement shall be filed with the Gaston
County Register of Deeds by the Watershed Review Board.
17 Adopted March 7, 2016

(D) Default under the performance bond or other security. Upon default of the permit applicant to
complete and/or maintain the stormwater control structure as spelled out in the performance bond or
other security, the Board may obtain and use all or any portion of the funds necessary to complete the
improvements based on an engineering estimate. The board shall return any funds not spent in
completing the improvements to the owning entity.
(E) Default under the cash security. Upon default of the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in accordance with the Operation and
Maintenance Agreement, the Board shall obtain and use all or any portion of the cash security to make
necessary improvements based on an engineering estimate. Such expenditure of funds shall only be
made after exhausting all other reasonable remedies seeking the owning entity to comply with the
terms and conditions of the Operation and Maintenance Agreement. The Board shall not return any
deposited cash funds. Penalty, see §153.05 and Remedies, see §153.06.
§ 153.49 MAINTENANCE AND UPKEEP.
(A) An operation and maintenance plan or manual shall be provided by the developer for each
stormwater control structure, indicating what operation and maintenance actions are needed, what
specific quantitative criteria will be used for determining when those actions are to be taken and,
consistent with the Operation and Maintenance Agreement, who is responsible for those actions. The
plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to
design specifications if a failure occurs.
(B) Landscaping and grounds management shall be the responsibility of the owning entity.
However, vegetation shall not be established or allowed to mature to the extent that the integrity of the
control structure is diminished or threatened, or to the extent of interfering with any easement or
access to the stormwater control structure.
(C) Except for general landscaping and grounds management, the owning entity shall notify the
Watershed Administrator prior to any repair or reconstruction of the stormwater control structure. All
improvements shall be made consistent with the approval plans and specifications of the stormwater
control structure and the operation and maintenance plan or manual. After notification by the owning
entity, the Watershed Administrator shall inspect the completed improvements and shall inform the
owning entity of any required additions, changes, or modifications and of the time period to complete
said improvements. The Watershed Administrator may consult with an engineer or landscape architect
(to the extent that the NCGS 89A, allow) designated by the Watershed Review Board.
(D) Amendments to the plans and specifications of the stormwater control structure and/or the
operation and maintenance plan or manual shall be approved by the Watershed Review Board.
Proposed changes shall be prepared by a North Carolina registered professional engineer or
landscape architect (to the extent that the NCGS 89A, allow) and submitted to and reviewed by the
Watershed Administrator prior by the Watershed Review Board.
(1) If the Watershed Review Board approves the proposed changes, the owning entity of the
stormwater control structure shall file sealed copies of the revisions with the Office of the
Watershed Administrator.
18 Adopted March 7, 2016

(2) If the Watershed Review Board disapproves the changes, the proposal may be revised and
resubmitted to the Watershed Review Board as a new proposal. If the proposal has not been
revised and is essentially the same that already reviewed, it shall be returned to the applicant.
(E) If the Watershed Review Board finds that the operation and maintenance plan or manual is
inadequate for any reason, the Board shall notify the owning entity of any required changes and shall
prepare and file copies of the revised agreement with the Gaston County Register of Deeds, the Office
of the Watershed Administrator and the owning entity.
§ 153.50 APPLICATION AND INSPECTION FEES.
(A) Processing and inspection fees shall be submitted in the form of a check or money order made
payable to the city. Applications shall be returned if not accompanied by the required fee.
(B) A permit and inspection fee schedule, as approved by the City Council shall be posted in the
Office of the Watershed Administrator.
(C) Inspection fees shall be valid for 60 days. An inspection fee shall be required when
improvements are made to the stormwater control structure consistent with §153.49 (C), except in the
case when a similar fee has been paid within the last 60 days.
§ 153.51 INSPECTIONS AND RELEASE OF THE PERFORMANCE BOND.
(A) The stormwater control structure shall be inspected by the Watershed Administrator, after the
owning entity notifies the Watershed Administrator that all work has been completed. At this
inspection, the owning entity shall provide:
(1) The signed deed, related easements and survey plat for the stormwater control structure
ready for filing with the Gaston County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent that the NCGS
89A, allow) stating that the stormwater control structure is complete and consistent with the
approved plans and specifications
(B) The Watershed Administrator shall present the materials submitted by the developer and the
inspection report and recommendations to the Watershed Review Board at its next regularly scheduled
meeting.
(1) If the Board approves the inspection report and accepts the certification, deed, and
easements, the Board shall file the deed and easements with the Gaston County Register of
Deeds, release up to 75% of the value of the performance bond or other security and issue a
Watershed Protection Occupancy Permit for the stormwater control structure, consistent with
§153.34.
19 Adopted March 7, 2016

(2) If deficiencies are found, the Board shall direct that improvements and inspections be made
and/ or documents corrected and resubmitted to the Board.
(C) No sooner than one year after the filing date of the deed, easements and maintenance
agreement, the developer may petition the Watershed Review Board to release the remaining value of
the performance bond or other security. Upon receipt of said petition, the Watershed Administrator
shall inspect the stormwater control structure to determine whether the controls are performing as
designed and intended. The Watershed Administrator shall present the petition, inspection report, and
recommendations to the Watershed Review Board.
(1) If the Board approves the report and accepts the petition, the developer shall deposit with
the Watershed Review Board a cash amount equal to that described in §153.48 (13)(2) after
which, the Board shall release the performance bond or other security.
(2) If the Board does not accept the report and rejects the petition, the Board shall provide the
developer with instructions to correct any deficiencies and all steps necessary for the release
the performance bond or other security.
(D) A Watershed Protection Occupancy Permit shall not be issued for any building within the
permitted development until the Watershed Review Board has approved the stormwater control
structure, as provided in §153.51 (B).
(E) All stormwater control structures shall be inspected at least once on an annual basis to
determine whether the controls are performing as designed and intended. Records of inspection shall
be maintained on forms approved or supplied by the North Carolina Division of Energy, Mineral, and
Land Resources. Annual inspections shall begin within one year of filing date of the deed for the
stormwater control structure.
(F) In the event the Watershed Administrator discovers the need for corrective action or
improvements, the Watershed Administrator shall notify the owning entity of the needed improvements
and the date by which the corrective action is to be completed. All improvements shall be made
consistent with the plans and specifications of the stormwater control structure and the operation
maintenance plan or manual. After notification by the owning entity, the Watershed Administrator shall
inspect and approve the completed improvements. The Watershed Administrator may consult with an
engineer or landscape architect (to the extent that the NCGS 89A, allow) designated by the Watershed
Review Board.
(G) Appeals of any order, requirement, decision, or determination made by the Watershed
Administrator may be made to and decided by the Watershed Review Board consistent with §153.71.
§ 153.52 SANCTIONS.
In addition to the remedies described in § 153.06 of this Ordinance and consistent with NCGS 160A-
175, the Watershed Review Board may seek enforcement of this Ordinance through the City Council
by assessing a civil penalty to be recovered by the city in a civil action in the nature of debt if the
offender does not pay the penalty in a prescribed period of time after being cited for violation of the
20 Adopted March 7, 2016

ordinance. Said violation may be enforced by an appropriate equitable remedy issuing from a court of
competent jurisdiction. The court may issue an injunction and order of abatement commanding the
defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action
shall be governed in all respects by the lows and rules governing civil proceeding, including the Rules
of Civil Procedure in general and Rule 65 in particular. If the defendant fails or refuses to comply with
an injunction or with an order of abatement with the time allowed by the court, the defendant may be
cited for contempt and the city may execute the order of abatement. The city shall have a lien on the
property for the cost of executing an order of abatement in the nature of a mechanic's and
materialman's lien. The defendant may secure cancellation of an order of abatement by paying all
costs of the proceeding and posting a bond for compliance with order. The bond shall be given with
sureties approved by the Clerk of Superior Court in an amount approved. By the judge before whom
the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the
order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not
suspend or cancel an injunction issued in conjunction therewith. Enforcement of this ordinance may be
by any one, all or a combination of the remedies authorized in this ordinance. Each day's continuing
violation shall be a separate and distinct offence.
PUBLIC HEALTH REGULATIONS
§ 153.60 PUBLIC HEALTH, IN GENERAL.
No activity, situation, structure or land use shall be allowed within the watershed which poses a threat
to water quality and the public health, safety and welfare. Such conditions may arise from inadequate
on -site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control
measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the
improper management of stormwater runoff; or any other situation found to pose a threat to water
quality.
§ 153.61 ABATEMENT.
(A) The Watershed Administrator shall monitor land use activities within the watershed areas to
identify situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review Board. The
Watershed Administrator may consult with any public agency or official and request recommendations.
(C) Where the Watershed Review Board finds a threat to water quality and the public health,
safety and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or
abate the condition and/or violation.
ADMINISTRATION, ENFORCEMENT AND APPEALS
§ 153.70 WATERSHED ADMINISTRATOR AND DUTIES THEREOF.
(A) The city shall appoint a Watershed Administrator, who shall be duly sworn in.
21 Adopted March 7, 2016

(B) It shall be the duty of the Watershed Administrator to administer and enforce the provisions of
this Ordinance as follows:
(1) The Watershed Administrator shall issue Watershed Protection Permits and Watershed
Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file
and shall be available for public inspection during regular office hours of the Administrator.
(2) The Watershed Administrator may serve as clerk to the Watershed Review Board.
(3) The Watershed Administrator shall keep records of all amendments to the local Water
Supply Watershed Protection Ordinance and shall provide copies of all amendments upon
adoption to the Stormwater Permitting Program of the NC Division of Energy, Mineral, and Land
Resources.
(4) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of their responsibility the full police
power of the city. The Watershed Administrator, or their duly authorized representative, may
enter any building, structure, or premises, as provided by law, to perform any duty imposed
upon them by this Ordinance.
(5) The Watershed Administrator shall keep a record of variances to the local Water Supply
Watershed Protection Ordinance. This record shall be submitted for each calendar year to the
Division of Energy, Mineral, and Land Resources on or before January 1 st of the following year
and shall provide a description of each project receiving a variance and the reasons for granting
the variance.
§ 153.71 APPEAL FROM THE WATERSHED ADMINISTRATOR.
(A) Any order, requirement, decision or determination made by the Watershed Administrator may
be appealed to and decided by the Watershed Review Board.
(B) An appeal from a decision of the Watershed Administrator must be submitted to the Watershed
Review Board within 30 days from the date the order, interpretation, decision or determination is made.
All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal,
the Watershed Administrator shall transmit to the Board all papers constituting the record upon which
the action appealed from was taken.
(C ) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from
whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that
by reason of facts stated in the certificate, a stay would in their #a+s opinion cause imminent peril to life
or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a court of record on application of notice of the officer from whom
the appeal is taken and upon due cause shown.
(D) The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the
parties and shall decide the same within a reasonable time. At the hearing, any party may appear in
person, by agent or by attorney.
22 Adopted March 7, 2016

§ 153.72 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE.
(A) The City Council may, on its own motion or on petition, after public notice and hearing, amend,
supplement, change or modify the watershed regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed Review Board
for review and recommendations. If no recommendation has been received from the Watershed
Review Board within 45 days after submission of the proposal to the Chairman of the Watershed
Review Board, the City Council may proceed as though a favorable report had been received.
(C) Under no circumstances shall the City Council adopt such amendments, supplements or
changes that would cause this Ordinance to violate the watershed protection rules as adopted by the
N.C. Environmental Management Commission. All amendments must be filed with the Stormwater
Permitting Program, N.C. Division of Energy, Mineral, and Land Resources.
§ 153.73 PUBLIC NOTICE AND HEARING REQUIRED.
Before adopting or amending this Ordinance, the City Council shall hold a public hearing on the
proposed changes. A notice of the public hearing shall be given once a week for two successive
calendar weeks in a newspaper having general circulation in the area. The notice shall be published
for the first time not less than 10 nor more than 25 days before the date for the hearing.
§ 153.74 ESTABLISHMENT OF WATERSHED REVIEW BOARD.
There shall be and hereby is created the Watershed Review Board consisting of all members of the
City Council.
§ 153.75 GENERAL PROCEEDINGS OF THE WATERSHED REVIEW BOARD.
The mayor shall be the chairman and the mayor pro tempore the vice-chairman of the board. The
chairman in turn shall appoint a secretary, who may be an employee of the city, a city officer, or a
member of the Watershed Review Board. The chairman, or in their absence the vice-chairman, may
administer oaths and request the attendance of witnesses. The Board shall keep minutes of its
proceedings, including the names of members present and absent, a record of the vote on every
question, together with records of its examinations and other official actions.
§ 153.76 MEETINGS
(A) Board Meetings. The Board may hold regular monthly meetings at a specified time and place
or special meetings of the Board may be called at any time by the chairman or by request of three or
more members of the Board. At least 48 hours written notice of the time and place of meetings shall
be given by the chairman to each member of the Board. All Board meetings are to be held in
accordance with NCGS 143-33B, commonly referred to as the Open Meetings Law.
(B) Cancellation of Meetings. Whenever there are no appeals or other business for the Board, or
23 Adopted March 7, 2016

whenever so many members so notify the secretary of inability to attend that a quorum will not be
available, the chairman shall dispense with a meeting giving written or oral notice to all members.
(C) Quorum. A majority of the actual membership of the Board plus the chairman, excluding vacant
seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused
by majority vote of the remaining members present, shall be counted as present for purposes of
determining whether or not a quorum is present.
(D) Voting. No member shall be excused from voting except upon matters involving the
consideration of their own financial interest or official conduct. In all other cases, a failure to vote by a
member who is physically present in the meeting chamber, or who has withdrawn without being
excused by a majority vote of the remaining members present, shall be recorded as an affirmative
vote. An affirmative vote equal to a majority of all members of the Board not excused from voting on
the question in issue (including the chairman's vote in case of an equal division) shall be required to
take any action.
§ 153.77 RULES OF CONDUCT FOR MEMBERS.
Members of the Board may be removed by the City Council for cause, including violation of the rules
stated below:
(A) Faithful attendance at meetings of the Board and conscientious performance of the duties
required of members of the Board shall be considered a prerequisite to continuing membership on the
Board.
(B) No Board member shall take part in the hearing, consideration, or determination of any case in
which they are personally or financially interested.
(1) Financial Interest. A Board member shall have a "financial interest" in a case when a
decision in the case will:
(a) Cause them or their spouse to experience a direct financial benefit or loss, or
(b) Will cause a business in which they or their spouse owns a 10% or greater interest,
or is involved in a decision -making role, to experience a direct financial benefit or loss.
(2) Personal Interest. A Board member shall have a "personal interest" in a case when it
involves a member of their immediate family (i.e., parent, spouse, or child).
(C) No Board member shall discuss any case with any parties thereto prior to the public hearing on
that case; provided, however, that members may receive and/or seek information pertaining to the
case from the Watershed Administrator or any other member of the Board, its secretary or clerk prior
to the hearing.
(D) Members of the Board shall not express individual opinions on the proper judgement of any
case prior to its determination on that case.
24 Adopted March 7, 2016

(E) Members of the Board shall give notice to the chairman at least 48 hours prior to the hearing of
any potential conflict of interest which they have in a particular case before the Board.
(F) No Board member shall vote on any matter that decides an application or appeal unless they
had attended the public hearing on that application or appeal.
§ 153.78 POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD.
(A) Administrative Review. The Watershed Review Board shall hear and decide appeals from any
decision or determination made by the Watershed Administrator in the enforcement of this Ordinance.
(B) Variances. The Watershed Review Board shall have the power to authorize, in specific cases,
minor variances from the terms of this Ordinance as will not be contrary to the public interests where,
owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulties or
unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare
secured, and substantial justice done. In addition, the city shall notify and allow a reasonable comment
period for all other local governments having jurisdiction in the designated watershed where the
variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from the
Watershed Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least 1 inch to 40 feet, indicating the property lines of
the parcel upon which the use is proposed; any existing or proposed structures; parking
areas and other built -upon areas; surface water drainage. The site plan shall be neatly
drawn and indicate north point, name and address of person who prepared the plan, date of
the original drawing, and an accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together with any other
pertinent information which the applicant feels would be helpful to the Watershed Review
Board in considering the application.
(c) The Watershed Administrator shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for consumption. Such
notice shall include a description of the variance being requested. Local governments
receiving notice of the variance request may submit comments to the Watershed
Administrator prior to a decision by the Watershed Review Board. Such comments shall
become a part of the record of proceedings of the Watershed Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall make the following three
findings, which shall be recorded in the permanent record of the case, and shall include the
factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of carrying out the
strict letter of the Ordinance. In order to determine that there are practical difficulties or
unnecessary hardships, the Board must find that the five following conditions exist:
25 Adopted March 7, 2016

(1) If they comply with the provisions of the Ordinance, the applicant can secure no
reasonable return from, nor make reasonable use of, their property. Merely proving
that the variance would permit a greater profit to be made from the property will not
be considered adequate to justify the Board in granting a variance. Moreover, the
Board shall consider whether the variance is the minimum possible deviation from
the terms of the Ordinance that will make possible the reasonable use of their
property.
(2) The hardship results from the application of the Ordinance to the property rather
than from other factors such as deed restrictions or other hardship.
(3) The hardship is due to the physical nature of the applicant's property, such as its
size, shape, or topography, which is different from that of neighboring property.
(4) The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance, or who purchases the property after the
effective date of the Ordinance, and then comes to the Board for relief.
(5) The hardship is peculiar to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice.
(b) The variance is in harmony with the general purpose and intent of the Ordinance and
preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have been assured and
substantial justice has been done. The Board shall not grant a variance if it finds that doing
so would in any respect impair the public health, safety, or general welfare.
(3) In granting the variance, the Board may attach thereto such conditions regarding the
location, character, and other features of the proposed building, structure, or use as it may
deem advisable in furtherance of the purpose of this Ordinance. If a variance for the
construction, alteration or use of property is granted, such construction, alteration or use
shall be in accordance with the approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an application for a
variance previously denied if it finds that there have been no substantial changes in
conditions or circumstances bearing on the appeal or application.
(5) A variance issued in accordance with this Section shall be considered a Watershed
Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit for
such use is not obtained by the applicant within six (6) months from the date of the decision.
(6) If the application calls for the granting of a major variance, and if the Watershed Review
Board decides in favor of granting the variance, the Board shall prepare a preliminary
record of the hearing with all deliberate speed. The preliminary record of the hearing shall
26 Adopted March 7, 2016

include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the permit.
(7) The preliminary record shall be sent to the Environmental Management Commission for its
review as follows:
(a) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure no reasonable return from, nor
make any practical use of the property unless the proposed variance is granted, and (2) the
variance, if granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The Commission shall prepare a Commission decision and
send it to the Watershed Review Board. If the Commission approves the variance as
proposed, the Board shall prepare a final decision granting the proposed variance. If the
Commission approves the variance with conditions and stipulations, the Board shall prepare
a final decision, including such conditions and stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure a reasonable return from or
make a practical use of the property without the variance or (2) the variance, if granted, will
result in a serious threat to the water supply, then the Commission shall deny approval of
the variance as proposed. The Commission shall prepare a Commission decision and send
it to the Watershed Review Board. The Board shall prepare a final decision denying the
variance as proposed.
(C) Subdivision approval. See §153.10 through §153.14.
(D) Public Health. See §153.60 and §153.61.
(E) Approval of all development greater than the low density option. See §153.45 through §153.51.
§ 153.79 APPEALS FROM THE WATERSHED REVIEW BOARD.
Appeals from the Watershed Review Board must be filed with the Superior Court within 30 days from
the date of the decision. Decisions by the Superior Court will be in the manner of certiorari.
27 Adopted March 7, 2016

§ 153.80 OPERATION AND MAINTENANCE AGREEMENT.
The Watershed Administrator is hereby authorized to sign the operation and maintenance agreement
described in § 153.48 (C) on behalf of the city.
DEFINITIONS
§ 153.90 General Definitions.
For the purpose of this Ordinance, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order
to achieve water quality protection goals.
BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration of
the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation
of impounded structures and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for
shelter, housing or enclosure of persons, animals or property. The connection of two buildings by
means of an open porch, breezeway, passageway, carport or other such open structure, with or
without a roof, shall not be deemed to make them one building.
BUILT -UPON AREA. Built -upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g
roads, parking lots, and paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted
decks and the water area of a swimming pool are considered pervious.)
CLUSTER DEVELOPMENT. Cluster development means the grouping of buildings in order to
conserve land resources and provide for innovation in the design of the project including minimizing
stormwater runoff impacts. This term includes nonresidential development as well as single-family
residential and multi -family developments. For the purpose of this Ordinance, planned unit
developments and mixed use development are considered as cluster development.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated
with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is
defined as extending either one-half mile from the normal pool elevation of the reservoir in which the
intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream
from the intake located directly in the stream or river (run -of -the -river), or the ridge line of the
watershed (whichever comes first). Local governments may extend the critical area as needed. Major
landmarks such as highways or property lines may be used to delineate the outer boundary of the
28 Adopted March 7, 2016

critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half
mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried
on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Provided further that no mechanical
equipment is installed or used except as is normally used for domestic or professional purposes, and
that not over 25% of the total floor space of any structure is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of a vehicle
that is driven off site, such as a service repair truck, delivery truck, etc.
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.
DISCRETE NRCS CURVE NUMBER METHOD. A method for calculating the required treatment
volume whereby the model described in Urban Hydrology for Small Watersheds (NRCS Technical
Report 55), available at: http://www.nres.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdo,
is run twice: first, to yield runoff volume from the built -upon areas; and second, to yield runoff volume
from the remainder of the project. The total required treatment volume shall be the sum of the two
results.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities
for one family.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum
have established a vested right under North Carolina zoning law as of the effective date of this
Ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project; or
(2) Having an outstanding valid building permit as authorized by NCGS 160A-385.1; or
(3) Having an approved site specific or phased development plan as authorized by NCGS
160A-385.1.
EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to July 1, 1993, or a lot described by metes and
bounds, the description of which has been so recorded prior to July 1, 1993.
FAMILY SUBDIVISION. Family subdivision means a division of a tract of land: (a) to convey the
resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift
or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the
tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all
of whom inherited by intestacy or by will.
29 Adopted March 7, 2016

INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit
for an industrial discharge and/or requires the use or storage of any hazardous material for the
purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with NCGS 130A Article 9. For the purpose of this Ordinance this term does not include composting
facilities.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces belonging to the
same.
MAJOR VARIANCE. A variance from the minimum statewide watershed protection rules that
results in any one or more of the following:
(1) The relaxation, by a factor greater than 10%, of any management requirement under the low
density option;
(2) The relaxation, by a factor greater than 5%, of any buffer, density or built -upon area
requirement under the high density option; or
(3) Any variation in the design, maintenance or operation requirements of a wet detention pond or
other approved stormwater management system.
MINOR VARIANCE. A variance from the minimum statewide watershed protection rules that
results in a relaxation, by a factor of up to 5% of any buffer, density or built -upon area requirement
under the high density option; or that results in a relaxation, by a factor of up to 10%, of any
management requirement under the low density option.
90TH PERCENTILE STORM. The rainfall event with a precipitation depth greater than or equal to
90 percent of all 24-hour storms on an annual basis.
NONCONFORMING LOT OF RECORD. A lot described by a plat or a deed that was recorded
prior to the effective date of local watershed protection regulations (or their amendments) that does not
meet the minimum lot size or other development requirements of the statewide watershed protection
rules.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development,
agriculture and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PROTECTED AREA. The area adjoining and upstream of the critical area of WS-IV watersheds.
The boundaries of the protected area are defined as within five miles of and draining to the normal pool
elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles upstream and draining
30 Adopted March 7, 2016

to the intake located directly in the stream or river or to the ridgeline of the watershed.
REQUIRED STORM DEPTH. The minimum amount of rainfall that shall be used to calculate the
required treatment volume or to evaluate whether a project has achieved runoff volume match.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-
family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their
associated outbuildings such as garages, storage buildings, gazebos, etc. and customary home
occupations.
RESIDUALS. Any solid or semi -solid waste generated from a wastewater treatment plant, water
treatment plant or air pollution control facility permitted under the authority of the Environmental
Management Commission.
RUNOFF VOLUME MATCH. The volume of runoff after development does not exceed the amount
of runoff before development for the design storm.
SIMPLE METHOD. A method for calculating the required treatment volume using the formula V =
3630 * Ro * (0.05+0.9*IA) * A. In this equation, V = the estimated runoff volume for the design storm,
Ro = design storm rainfall depth in inches, IA = impervious fraction (impervious portion of drainage area
in acres/ drainage area in acres), and A = watershed area in acres.
SINGLE FAMILY RESIDENTIAL. Any development where:
(1) No building contains more than one dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than one dwelling unit.
STORMWATER CONTROL MEASURE OR SCM. A permanent structural device that is designed,
constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or
filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post -
filtration discharge, reuse of stormwater, or a combination thereof.
STORMWATER CONTROL STRUCTURE. This term shall be interchangeable with Stormwater
Control Measure.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access
to abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which
requires location on the land or attachment to something having permanent location on the land.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be
a subdivision as herein defined.
31 Adopted March 7, 2016

SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other
divisions for the purpose of sale or building development (whether immediate or future) and shall
include all division of land involving the dedication of a new street or a change in existing streets; but
the following shall not be included within this definition nor be subject to the regulations authorized by
this Ordinance:
(1) The combination or recombination of portions of previously subdivided and recorded lots where
the total number of lots is not increased and the resultant lots are equal to or exceed the standards
of this Ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-of-way dedication is
involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than two acres into
not more than three lots, where no street right-of-way dedication is involved and where the resultant
lots are equal to or exceed the standards of the this Ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing
agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has the
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities
in such organisms or their off spring or other adverse health effects.
VARIANCE. A permission to develop or use property granted by the Watershed Review Board
relaxing or waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this Ordinance.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or
proximity to or citing 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 water dependent structures.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the
water supply intake.)
WATERSHED ADMINISTRATOR. An official or designated person of the city responsible for
administration and enforcement of this Ordinance.
32 Adopted March 7, 2016

§ 153.91 Word Interpretation.
For the purpose of this Ordinance, certain words shall be interpreted as follows:
(1) Words in the present tense include the future tense.
(2) Words used in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
(3) The word "person" includes a firm, association, corporation, trust, and company as well as an
individual.
(4) The word "structure" shall include the word "building."
(5) The word "lot" shall include the words, "plot," "parcel," or "tract."
(6) The word "shall" is always mandatory and not merely directory.
(7) The word "will" is always mandatory and not merely directory.
33 Adopted March 7, 2016

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

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