4. NCS000465_Article 7: SW Management Ordinance_20210310

SECTION 7.1. GENERAL PROVISIONS
7.1.1. Findings
A. It is hereby determined that:
1. Development and redevelopment alter the hydrologic response of local watersheds and increases
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and
point source pollution, and sediment transport and deposition, as well as reducing groundwater
recharge;
2. These changes in stormwater runoff contribute to increased quantities of water -borne pollutants
and alterations in hydrology that are harmful to public health and safety as well as to the natural
environment; and
3. These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development and redevelopment sites.
B. It is further determined that the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II requirements,
compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as
those included in this Ordinance.
C. Additionally, the North Carolina Environmental Management Commission has identified B. Everett Jordan
reservoir, a water supply reservoir, as nutrient sensitive waters; has identified all or a portion of the
reservoir as impaired waters under the federal Clean Water Act due to exceedances of the chlorophyll
a standard; and has promulgated rules that have been amended and affirmed by the North Carolina
General Assembly (the "Jordan Rules") to reduce the average annual loads of nitrogen and phosphorus
delivered to Jordan Reservoir from all point and nonpoint sources of these nutrients located within its
watershed, including stormwater from new development in this jurisdiction;
D. Therefore, the Morrisville Town Council establishes this set of water quality and quantity regulations to
meet the requirements of state and federal law regarding control of stormwater runoff and discharge
for development and redevelopment.
7.1.2. Purpose
A. The purpose of this article is to protect, maintain and enhance the public health, safety, environment, and
general welfare by establishing minimum requirements and procedures to control the adverse effects of:
increased post -development stormwater runoff, nitrogen; phosphorus, and total suspended solids in
stormwater runoff; nonpoint and point source pollution associated with new development and
redevelopment; and illicit discharges into municipal stormwater systems. It has been determined that
proper management of construction -related and post -development stormwater runoff will: minimize
damage to public and private property and infrastructure; safeguard the public health, safety, and
general welfare; and protect water and aquatic resources.
B. This article seeks to meet its general purpose through the following specific objectives and means:
1. Establishing decision -making processes for development and redevelopment that protects the
integrity of watersheds and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development hydrologic
response in their post -development state for the applicable design storm to reduce flooding,
streambank erosion, nonpoint and point source pollution, and increases in stream temperature, and
to maintain the integrity of stream channels and aquatic habitats;
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Article 7: Stormwater Management
Section 7.1. General Provisions
7.1.3. Authority
3. Establishing minimum post -development stormwater management standards and design criteria for
the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural stormwater
best management practices (BMPs) that may be used to meet the minimum post -development
stormwater management standards;
5. Encouraging the use of better management and site design practices, such as the use of vegetated
conveyances for stormwater and the preservation of greenspace, riparian buffers, and other
conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure appropriate
long-term maintenance.
8. Controlling illicit discharges into the municipal separate stormwater system.
7.1.3. Authority
The Morrisville Town Council is authorized to adopt this article pursuant to North Carolina law, including but
not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General Statutes
Chapter 143-214.7 and rules promulgated by the Environmental Management Commission thereunder;
Chapter 143-215.6A; Session Laws 2009-216, 2009-484; Chapter 153A-454; Chapter 160A, § 174,185,
459.
7.1.4. Applicability and Jurisdiction
A. General
Beginning with and subsequent to its effective date, this article shall be applicable to all development
and redevelopment —including, but not limited to, applications for Site Plan Approval, Subdivision
Approval, Construction Plan Approval, and grading approval —unless exempt pursuant to this article.
B. Implementation
As per Session Law (SL) 2015-241 and SL 2015-246, implementation of 7.3.2 and 7.3.5 of this Article
are temporarily suspended until August 10, 2020.
C. Exemptions
1. Single-family detached, duplex, and manufactured home dwellings and recreational development
and redevelopment that cumulatively disturbs less than one acre and are not part of a larger
common plan of development or sale are exempt from the provisions of this article.
2. Commercial, industrial, institutional, single-family attached and multifamily residential, or local
government development and redevelopment that cumulatively disturbs less than one-half acre and
are not part of a larger common plan of development or sale are exempt from the provisions of
this article.
3. Development and redevelopment that disturbs less than the above thresholds are not exempt if
such activities are part of a larger common plan of development or sale and the larger common
plan exceeds the relevant threshold, even though multiple, separate, or distinct activities take place
at different times on different schedules.
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Article 7: Stormwater Management
Section 7.1. General Provisions
7.1.5. Map
4. Development or redevelopment that is exempt from permit requirements of Section 404 of the
federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) is exempt from the provisions of this article.
5. Per the requirements of 15A NCAC 02B .0265 and the Town's Phase II Permit NCS000465, new
development undertaken by a local government solely as a public road project shall be deemed
compliant with the purposes of this article if it meets the riparian buffer protection requirements of
Article 6: Riparian Buffers. For these public road projects, the following shall be done to the
maximum extent practicable (MEP):
a. Minimize BUA;
b. Divert runoff away from surface waters; and
c. Implement BMPs.
D. No Development or Redevelopment until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of this article or
unless exempted. No development or redevelopment for which a permit is required pursuant to this
article shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(Ord. No. 2016-004, 04/01 /2016)
7.1.5. Map
A. The provisions of this article shall apply within the areas designated on the map titled "Stormwater Map
of Morrisville, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The
Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a
part of this Ordinance.
B. The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be dated to take
into account changes in the land area covered by this Ordinance and the geographic location of all
engineered Stormwater controls permitted under this article. In the event of a dispute, the applicability
of this article to a particular area of land or BMP shall be determined by reference to the North Carolina
Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary
ordinances.
7.1.6. Design Manual
A. Reference to Design Manual
1. The Stormwater Administrator shall use the policy, criteria, and information, including technical
specifications, standards, and the Minimum Design Criteria in the Design Manual as the basis for
decisions about stormwater permits and about the design, implementation, and performance of
engineered stormwater controls and other practices for compliance with this article.
2. The Design Manual includes a list of acceptable stormwater treatment practices, including specific
design criteria for each stormwater practice. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with these design and sizing criteria will be presumed
to meet the minimum water quality performance standards of the Jordan Rules, Phase II and other
applicable stormwater laws.
B. Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard
than other laws or regulations, that fact shall not prevent application of the specifications or guidelines
in the Design Manual.
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Article 7: Stormwater Management
Section 7.2. Administration and Procedures
7.2.1. Stormwater Administrator
C. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual
are amended subsequent to the submittal of an application for approval pursuant to this article, but
prior to approval, the new information shall control and shall be utilized in reviewing the application
and in implementing this article with regard to the application.
D. Amendments to Design Manual
1. The Design Manual may be updated and expanded from time to time, based on advancements in
technology and engineering, improved knowledge of local conditions, or local monitoring or
maintenance experience.
2. Prior to amending or updating the Design Manual, proposed changes shall be generally publicized
and made available for review, and an opportunity for comment by interested persons shall be
provided.
(Ord. No. 2016-004, 04/01 /2016)
SECTION 7.2. ADMINISTRATION AND PROCEDURES
7.2.1. Stormwater Administrator
A. Designation
A Stormwater Administrator shall be designated by the Morrisville Town Engineer to administer and
enforce this article.
B. Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of this Ordinance and
other laws, the Stormwater Administrator shall have the following powers and duties under this article:
1. To review and approve, approve with conditions, or disapprove applications for approval of plans
pursuant to this article.
2. To make determinations and render interpretations of this article. Any person may request an
interpretation by submitting a written request to the Stormwater Administrator, who shall respond
in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this article.
3. To establish application requirements and schedules for submittal and review of applications and
appeals, to review and make recommendations to other Town staff and Town boards on
applications for development or redevelopment approvals.
4. To enforce the provisions of this article in accordance with its enforcement provisions.
5. To maintain records, maps, forms, and other official materials as relate to the adoption,
amendment, enforcement, and administration of this article.
6. To provide expertise and technical assistance to the Town, on request.
7. To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
8. To take any other action necessary to administer the provisions of this article.
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Article 7: Stormwater Management
Section 7.2. Administration and Procedures
7.2.2. Review Procedures
7.2.2. Review Procedures
A. Stormwater Management Permit Required; Must Apply for Permit
A Stormwater Management Permit is required for all development and redevelopment unless exempt
pursuant to this article. A Stormwater Management Permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
B. Effect of Permit
1. A Stormwater Management Permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including engineered stormwater controls
and elements of site design for stormwater management other than engineered stormwater controls.
2. The Stormwater Management Permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and control of stormwater for the
development or redevelopment site consistent with the requirements of this article, whether the
approach consists of engineered stormwater controls or other techniques such as low -impact or low -
density design. The permit does not continue in existence indefinitely after the completion of the
project; rather, compliance after project construction is assured by the maintenance provisions of
this article.
C. Authority to File Applications
All Stormwater Management Permit applications required pursuant to this article shall be submitted to
the Stormwater Administrator by the landowner or the land owner's duly authorized agent.
D. Establishment of Application Requirements, Schedule, and Fees
1. Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and form of all
Stormwater Management Permit applications and shall amend and update those requirements from
time to time. At a minimum, the Stormwater Management Permit application shall describe in detail
how post -development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the requirements of
this article.
2. Submission Schedule
The Stormwater Administrator shall establish a submission schedule for Stormwater Management
Permit applications. The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring that there is adequate time to review applications, and that
the various stages in the review process are accommodated.
3. Permit Review Fees
The Town Council shall establish Stormwater Management Permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend and update the
fees and policies from time to time.
4. Administrative Manual
For Stormwater Management Permit applications required under this Code, the Stormwater
Administrator shall compile the application requirements, submission schedule, fee schedule, a copy
of this article, and information on how and where to obtain the Design Manual in an Administrative
Manual, which shall be made available to the public.
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Article 7: Stormwater Management
Section 7.2. Administration and Procedures
7.2.3. Applications for Approval
E. Submittal of Complete Application
Stormwater Management Permit applications shall be submitted to the Stormwater Administrator
pursuant to the application submittal schedule, and in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
2. A Stormwater Management Permit application shall be considered as timely submitted only when
it contains all elements of a complete application pursuant to this article, along with the appropriate
fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be
notified of the deficient elements and shall be provided with an opportunity to submit a complete
application. However, the submittal of an incomplete application shall not suffice to meet a
deadline contained in the submission schedule established above.
F. Review
Within the timeframe specified in the submission schedule after a complete Stormwater Management
Permit application is submitted, the Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this article.
1. Approval
If the Stormwater Administrator finds that the Stormwater Management Permit application complies
with the standards of this article and this Ordinance, the Stormwater Administrator shall approve
the application. The Stormwater Administrator may impose conditions of approval as needed to
ensure compliance with this article. The conditions shall be included as part of the approval.
2. Fails to Comply
If the Stormwater Administrator finds that the Stormwater Management Permit application fails to
comply with the standards of this article, the Stormwater Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have an opportunity to
submit a revised application.
3. Revision and Subsequent Review
a. A complete revised Stormwater Management Permit application shall be reviewed by the
Stormwater Administrator within the timeframe specified in the submission schedule after its
resubmittal and shall be approved, approved with conditions or disapproved.
b. If a revised Stormwater Management Permit application is not re -submitted within six months
from the date the applicant was notified, the application shall be considered withdrawn, and
a new submittal for the same or substantially the same project shall be required along with the
appropriate fee for a new submittal.
c. Two resubmittals of a revised Stormwater Management Permit application may be submitted
without payment of an additional permit review fee. Any resubmittal after the second
resubmittal shall be accompanied by an additional permit review fee, as established pursuant
to this Ordinance.
7.2.3. Applications for Approval
A. Concept Plan and Consultation Meeting
1. Consultation Meeting
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 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 stormwater
management measures necessary for the proposed project, as well as to discuss and assess
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Article 7: Stormwater Management
Section 7.2. Administration and Procedures
7.2.3. Applications for Approval
constraints, opportunities, and potential approaches to stormwater management designs before
formal site design engineering is commenced. Local watershed plans, the Comprehensive Plan, and
other relevant resource protection plans should be consulted in the discussion of the concept plan.
2. Concept Plan Contents
To accomplish this goal, the following information should be included in the concept plan, which
should be submitted in advance of the meeting:
a. Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing
and proposed topography; perennial and intermittent streams; mapping of predominant soils
from soil surveys (if available); stream and other buffers and features used in designing buffers
and meeting any applicable buffer requirements; boundaries of existing predominant
vegetation; proposed limits of clearing and grading; and location of existing and proposed
roads, buildings, parking areas, and other impervious surfaces.
b. Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding area as it exists
prior to the commencement of the project. This description should include a discussion of soil
conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas
on the site, as well as the location and boundaries of other natural feature protection and
conservation areas such as lakes, ponds, floodplains, stream buffers, and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or constraints for
development and stormwater management.
c. Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater management
system including: preliminary selection and location of proposed engineered stormwater
controls; low -impact design elements; location of existing and proposed conveyance systems
such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway
limits; relationship of site to upstream and downstream properties and drainages; and
preliminary location of any proposed stream channel modifications, such as bridge or culvert
crossings.
B. Stormwater Management Permit Application
1. The Stormwater Management Permit application shall detail how post -development stormwater
runoff will be controlled and managed and how the proposed project will meet the requirements
of this article, including Section 7.3, Standards. All such plans shall be prepared by a qualified
licensed North Carolina Professional Engineer or registered surveyor, soil scientist, or landscape
architect. The engineer, surveyor, soil scientist, or landscape architect shall perform services only in
their area of competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the designs and
plans are sufficient to comply with applicable standards and policies found in the Design Manual,
and that the designs and plans ensure compliance with this article.
2. The submittal shall include all of the information required in the submittal checklist established by
the Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section 7.2.2.E,
Submittal of Complete Application.
C. Sedimentation & Erosion Control Plan Approval and Grading Permit
Within the corporate limits and ETJ of the Town of Morrisville, the Wake County Department of
Environmental Services is responsible for the administration and enforcement of Wake's
sedimentation and erosion control program, including approval, issuance of permits related to, and
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Article 7: Stormwater Management
Section 7.2. Administration and Procedures
7.2.4. Approvals
enforcement of erosion and sedimentation control plans. Prior to land disturbing activities, a
Sedimentation & Erosion Control Plan Approval and a Grading Permit shall be obtained directly
from Wake County. Sedimentation & Erosion Control Plans shall be prepared in accordance with
Article 10 — Erosion and Sedimentation Control of the Wake County Unified Development
Ordinance, and as subsequently amended.
D. As -Built Plans and Final Approval
1. Upon completion of a project, and before a Certificate of Compliance/Occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with the approved
stormwater management plans and designs, and shall submit actual "as built" plans for all
stormwater management facilities or practices after final construction is completed.
2. The plans shall show the final design specifications for all stormwater management facilities and
practices and the field location, size, depth, and planted vegetation of all measures, controls, and
devices, as installed. The designer of the stormwater management measures and plans shall certify,
under seal, that the as -built stormwater measures, controls, and devices are in compliance with the
approved Stormwater management plans and designs and with the requirements of this article. A
final inspection and approval by the Stormwater Administrator shall occur before the release of
any performance securities.
E. Other Permits
No Certificate of Compliance/Occupancy shall be issued by the Town Inspections Department without
final as -built plans and a final inspection and approval by the Stormwater Administrator, except where
multiple units are served by the stormwater practice or facilities, in which case the Inspections Department
may elect to withhold a percentage of permits or Certificates of Compliance/Occupancy until as -built
plans are submitted and final inspection and approval has occurred.
(Ord. No. 2016-004, 04/01 /2016)
7.2.4. Approvals
A. Effect of Approval
Approval of a Stormwater Management Permit authorizes the applicant to go forward with only the
specific plans and activities authorized in the permit. The approval shall not be construed to exempt the
applicant from obtaining other applicable approvals from local, State, and federal authorities.
B. Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial progress on
the site within one year after the date of approval. The Stormwater Administrator may grant a
single, one-year extension of this time limit, for good cause shown, upon receiving a written request
from the applicant before the expiration of the approved plan.
2. In granting an extension, the Stormwater Administrator may require compliance with standards
adopted since the original application was submitted unless there has been substantial reliance on
the original permit and the change in standards would infringe the applicant's vested rights.
7.2.5. Stormwater Variances
A. Any person may petition the Town for a variance granting permission to use the person's land in a manner
otherwise prohibited by this article. For all proposed major and minor variances from the requirements
of this article, the Planning and Zoning Board shall make findings of fact showing that:
1. There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter
of the article;
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Article 7: Stormwater Management
Section 7.3. Standards
7.2.6. Appeals
2. The variance is in harmony with the general purpose and intent of the local watershed protection
regulations and preserves their spirit; and
3. In granting the variance, the public safety and welfare have been assured and substantial justice
has been done.
B. In the case of a request for a minor variance, the Planning and Zoning Board may vary or modify any
of the regulations or provisions of the article so that the spirit of the article shall be observed, public
safety and welfare secured, and substantial justice done, and may impose reasonable and appropriate
conditions and safeguards upon any variance it grants.
C. The Planning and Zoning Board may attach conditions to the major or minor variance approval that
support the purpose of the local watershed protection regulations. If the variance request qualifies as a
major variance, and the Planning and Zoning Board decides in favor of granting the major variance, the
Board shall then prepare a preliminary record of the hearing and submit it to the North Carolina
Environmental Management Commission for review and approval. If the Commission approves the major
variance or approves with conditions or stipulations added, then the Commission shall prepare a
Commission decision which authorizes the Planning and Zoning Board to issue a final decision which would
include any conditions or stipulations added by the Commission. If the Commission denies the major
variance, then the Commission shall prepare a decision to be sent to the Planning and Zoning Board .
The Planning and Zoning Board shall prepare a final decision denying the major variance.
D. Appeals from the local government decision on a major or minor variance request are made on certiorari
to the local Superior Court. Appeals from the Commission decision on a major variance request are made
on judicial review to Superior Court.
E. On request of the Stormwater Administrator, any person who petitions the Planning and Zoning Board
for a variance under this section shall provide notice to the affected local governments of the variance
request as required under the Jordan Rule, 15A NCAC 2B.0104(r). For purposes of this notice
requirement, "affected local governments" means any local governments that withdraw water from Lake
Jordan or its tributaries downstream of the site of the proposed variance. If the proposed variance is in
a Water Supply Watershed area classified as WS II, WS III or WS IV, "affected local governments"
also includes any other local governments in the same water supply watershed as the proposed variance.
The notice shall provide a reasonable period for comments and shall direct the comments to be sent to
the Stormwater Administrator. The person petitioning for the variance shall supply proof of notification
in accordance with this section to the Stormwater Administrator.
7.2.6. Appeals
Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this article made by the Stormwater Administrator, may file an appeal to
the Planning and Zoning Board within 30 days. Applications for an Appeal shall be filed, reviewed, and
decided in accordance with 2.5.22, Administrative Appeal, except that the Planning and Zoning Board shall
make a final decision on an appeal of a decision relating to civil penalties for violations of this article within
90 days after the date the appeal application is accepted.
SECTION 7.3. STANDARDS
7.3.1. General Standards
All development and redevelopment to which this article applies shall comply with the standards of this
section. The approval of the Stormwater Management Permit shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or protective covenants, to
ensure that future development and redevelopment maintains the site consistent with the approved project
plans.
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Article 7: Stormwater Management
Section 7.3. Standards
7.3.2. Nitrogen and Phosphorus Loading
7.3.2. Nitrogen and Phosphorus Loading
A. Nitrogen and phosphorus loads contributed by the proposed new development shall not exceed the
following unit -area mass loading rates: 2.2 and 0.82 pounds per acre per year for nitrogen and
phosphorus, respectively.
B. Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this article that would replace or
expand existing structures or improvements and would result in a net increase in built -upon area shall
have the option of either meeting the loading standards identified in subsection A or meeting a loading
rate that achieves the following nutrient loads compared to the existing development: 35 percent and
five percent reduction for nitrogen and phosphorus, respectively.
C. The developer shall determine the need for engineered Stormwater controls to meet these loading rate
targets by using the approved accounting tool.
*Note: As per Session Law (SL) 2015-241 and SL 2015-246, implementation of 7.3.2 of this Article is
temporarily suspended until August 10, 2020.
(Ord. No. 2016-004, 04/01 /2016)
7.3.3. Nitrogen and Phosphorus Standard Is Supplemental; Total Suspended Solids
(TSS) Removal
A. The nitrogen and phosphorus loading standards in this article are supplemental to, not replacements for,
stormwater standards otherwise required by federal, state, or local law, including without limitation any
riparian buffer requirements applicable to the location of the development. This includes, without
limitation, the riparian buffer protection requirements of 15A NCAC 213.0267 and .0268.
B. All stormwater systems used to meet these requirements shall be designed to have a minimum of 85
percent average annual removal for TSS
(Ord. No. 2016-004, 04/01 /2016)
7.3.4. Control and Treatment of Runoff Volume
A. Stormwater systems shall be designed to control and treat the runoff volume generated from all surfaces
by one inch of rainfall; the treatment volume. This treatment volume shall not exceed the maximum
ponding depth and be drawn down pursuant to standards specific to each practice as provided in the
Design Manual.
B. To minimize flooding and to ensure that the integrity and nutrient processing functions of receiving waters
and associated riparian buffers are not compromised by erosive flows, stormwater flows from the
development or redevelopment shall not contribute to degradation of waters of the State. At a minimum,
the development or redevelopment shall not result in a net increase in peak flow leaving the site from
pre -development conditions for the 1 -year, 24-hour storm; 2-year, 24-hour storm; and 10-year, 24-
hour storm events.
(Ord. No. 2014-006, 05/27/2014, (Ord. No. 2016-004, 04/01 /2016)
7.3.5. Partial Offset of Nutrient Control Requirements
A. Development subject to this article shall attain a maximum nitrogen loading rate on -site of six pounds
per acre per year for single-family detached and duplex residential development and ten pounds per
acre per year for other development, including multifamily residential, commercial, and industrial, and
shall meet any requirements for engineered stormwater controls otherwise imposed by this article. A
developer subject to this article may achieve the additional reductions in nitrogen and phosphorus
loading required by this article by use of the following options:
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Article 7: Stormwater Management
Section 7.3. Standards
7.3.6. Evaluation of Standards for Stormwater Control Measures
1. Purchasing offset credits from an approved private seller with a project located within the same
eight -digit Hydrologic Unit Code (8-digit HUC) as the proposed development. Refer to the North
Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (DWR) for
approved mitigation banks with applicable and eligible credits to Morrisville.
2. Making offset payments to the NC Ecosystem Enhancement Program contingent upon acceptance
of payments by that Program.
3. Making offset payments to the Town of Morrisville for equivalent nutrient credits at 80 percent of
the rate calculated by the NC Ecosystem Enhancement Program for the Neuse-Falls Lake watershed.
4. A developer may propose other offset measures to the Town, including providing his or her own
off -site offset.
B. All offset measures permitted by the ordinance shall meet the requirements of 15A NCAC 02B .0273
(2) through (4) and 15A NCAC 02B .0240. Documentation and proof of purchase for offset credit options
is required prior to construction plan approval.
*Note: As per Session Law (SL) 2015-241 and SL 2015-246, implementation of 7.3.5 of this Article is
temporarily suspended until August 10, 2020.
(Ord. No. 2014-006, 05/27/201 A, (Ord. No. 2016-004, 04/01 /2016)
7.3.6. Evaluation of Standards for Stormwater Control Measures
A. Evaluation According to Contents of Design Manual
All stormwater control measures, stormwater systems and Stormwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this article shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater practice, in the Design
Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to
meet the requirements of this article.
B. Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in accordance with the
criteria and specifications in the Design Manual and the approved accounting tool will be presumed to
meet the minimum water quality and quantity performance standards of this article. Whenever an
applicant proposes to utilize a practice or practices not designed and constructed in accordance with
the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating
that the practice(s) will satisfy the minimum water quality and quantity performance standards of this
article. The Stormwater Administrator may require the applicant to provide the documentation,
calculations, and examples necessary for the Stormwater Administrator to determine whether such an
affirmative showing is made.
7.3.7. Dedication of BMPs, Facilities, and Improvements
The Town may accept dedication of any existing or future stormwater management facility for maintenance,
provided such facility meets all the requirements of this article and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and regular maintenance.
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Article 7: Stormwater Management
Section 7.4. Maintenance
7.4.1. General Standards for Maintenance
SECTION 7.4. MAINTENANCE
7.4.1. General Standards for Maintenance
A. Function of BMPs as Intended
The owner of each engineered stormwater control installed pursuant to this article shall maintain and
operate it so as to preserve and continue its function in controlling stormwater quality and quantity at
the degree or amount of function for which the engineered stormwater control was designed.
B. Annual Maintenance Inspection and Report
1. The person responsible for maintenance of any engineered Stormwater control installed pursuant
to this article shall submit to the Stormwater Administrator an inspection report from one of the
following persons performing services only in their area of competence: a qualified licensed North
Carolina Professional Engineer or registered surveyor, landscape architect, or person certified by
the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and
maintenance. The inspection report shall contain all of the following:
a. The name and address of the land owner;
b. The recorded book and page number of the lot of each engineered Stormwater control;
c. A statement that an inspection was made of all engineered stormwater controls;
d. The date the inspection was made;
e. A statement that all inspected engineered stormwater controls are performing properly and
are in compliance with the terms and conditions of the approved maintenance agreement
required by this article; and
f. The original signature and seal of the engineer, surveyor, or landscape architect.
2. 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.
7.4.2. Operation and Maintenance Agreement
A. In General
1. Prior to the conveyance or transfer of any lot or building site to be served by a engineered
stormwater control pursuant to this article, and prior to issuance of any permit for development or
redevelopment requiring a engineered Stormwater control pursuant to this article, the applicant or
owner of the site must execute an operation and maintenance agreement that shall be binding on
all subsequent owners of the site, portions of the site, and lots or parcels served by the engineered
stormwater control. Until the transference of all property, sites, or lots served by the engineered
stormwater control, the original owner or applicant shall have primary responsibility for carrying
out the provisions of the maintenance agreement.
2. The operation and maintenance agreement shall require the owner or owners to maintain, repair,
and, if necessary, reconstruct the engineered stormwater control, and shall state the terms,
conditions, and schedule of maintenance for the engineered Stormwater control. In addition, it shall
grant to the Town a right of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered
stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on
the Town to assume responsibility for the engineered stormwater control.
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Article 7: Stormwater Management
Section 7.4. Maintenance
7.4.2. Operation and Maintenance Agreement
3. The operation and maintenance agreement must be approved by the Stormwater Administrator
prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the
Register of Deeds of the county in which the stormwater control is located upon final plat approval.
A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator
within 14 days following its recordation.
4. For all engineered stormwater controls required pursuant to this article the required operation and
maintenance agreement shall include all of the following provisions:
a. A statement that the agreement shall grant to the Town of Morrisville a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
b. A statement that the Town of Morrisville is authorized to recover from the property owner
and/or association and its members, any and all costs the Town of Morrisville expends to
maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay
the Town of Morrisville all of its expended costs, after forty-five days written notice, shall
constitute a breach of the agreement. The Town of Morrisville shall thereafter be entitled to
bring an action against the property owner and/or association and its members to pay, or
foreclose upon the lien hereby authorized by the agreement against the property, or both, in
case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery.
c. A statement that the agreement shall not obligate the Town of Morrisville to maintain or repair
any structural BMPs, and the Town of Morrisville shall not be liable to any person for the
condition or operation of structural BMPs.
d. A statement that the agreement shall not in any way diminish, limit, or restrict the right of the
Town of Morrisville to enforce any of its ordinances as authorized by law.
e. A statement that the property owner and/or association and its members indemnifies and holds
harmless the Town of Morrisville for any costs and injuries arising from or related to the
structural BMP, unless the Town of Morrisville has agreed in writing to assume the maintenance
responsibility for the BMP and has accepted dedication of any and all rights necessary to carry
out that maintenance.
(Ord. No. 2016-054, 1 1 /22/2016)
B. Special Requirement for Homeowners' and Other Associations
For all engineered stormwater controls required pursuant to this article and that are to be or are owned
and maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all of the following provisions:
1. Acknowledgment that the association shall continuously operate and maintain the stormwater control
and management facilities.
2. Establishment of an escrow account, which can be spent solely for sediment removal, structural,
biological or vegetative replacement, major repair, or reconstruction of the engineered stormwater
controls. If engineered Stormwater controls are not performing adequately or as intended or are
not properly maintained, the Town, in its sole discretion, may remedy the situation, and in such
instances the Town shall be fully reimbursed from the escrow account. Escrowed funds may be spent
by the association for sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the engineered stormwater controls, provided that the Town shall first
consent to the expenditure.
3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat
recordation or issuance of construction permits, whichever shall first occur, the developer shall pay
into the escrow account an amount equal to 15 percent of the initial construction cost of the
engineered stormwater controls. Two-thirds of the total amount of sinking fund budget shall be
deposited into the escrow account within the first five years and the full amount shall be deposited
within ten years following initial construction of the engineered stormwater controls. Funds shall be
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Article 7: Stormwater Management
Section 7.4. Maintenance
7.4.3. Inspection Program
deposited each year into the escrow account. A portion of the annual assessments of the association
shall include an allocation into the escrow account. Any funds drawn down from the escrow account
shall be replaced in accordance with the schedule of anticipated work used to create the sinking
fund budget.
4. The percent of developer contribution and lengths of time to fund the escrow account may be varied
by the Town depending on the design and materials of the stormwater control and management
facility.
(Ord. No. 2016-054, 1 1 /22/2016)
7.4.3. Inspection Program
A. Inspections and inspection programs by the Town may be conducted or established on any reasonable
basis, including but not limited to routine inspections, random inspections, inspections based upon
complaints or other notice of possible violations, and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and
evaluating the condition of BMPs.
B. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator
shall proceed to obtain an administrative search warrant pursuant to N.C.G.S. 15-27.2 or its successor.
No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his
or her official duties.
7.4.4. Performance Security for Installation and Performance
A. Performance Security
The Town shall require the submittal of a performance security prior to issuance of a permit in order to
ensure that the engineered stormwater controls are:
1. Installed by the permit holder as required by the approved stormwater management plan, and/or
2. Maintained by the owner as required by the operation and maintenance agreement.
B. Amount
1. Installation
The amount of an installation performance security shall be the total estimated construction cost of
the BMPs approved under the permit, plus 25 percent.
2. Maintenance
The amount of a maintenance performance security shall be a one-time cash payment equal to 30
percent of the total estimated construction cost of the BMPs approved under the permit.
C. Uses of Performance Security
1. Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after proper notice, to
complete work within the time specified, or to initiate or maintain any actions which may be required
of the applicant or owner in accordance with this article, approvals issued pursuant to this article,
or an operation and maintenance agreement established pursuant to this article.
2. Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any
engineered stormwater control in accordance with the applicable permit or operation and
maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of
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Article 7: Stormwater Management
Section 7.4. Maintenance
7.4.5. Notice to Owners
the security to make necessary improvements based on an engineering estimate. Such expenditure
of funds shall only be made after requesting the owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation performance security, the
Town shall not return any of the unused deposited cash funds or other security, which shall be
retained for maintenance.
3. Costs in Excess of Performance Security
If the Town takes action upon such failure by the applicant or owner, the Town may collect from the
applicant or owner the difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or damages due.
4. Refund
After final approval of record drawings, as-builts, and certifications, the installation performance
security shall be refunded to the applicant or terminated in accordance with this ordinance and the
Town's Engineering Design and Construction Manual (EDCM).
(Ord. No. 2016-054, 1 1 /22/2016)
7.4.5. Notice to Owners
A. Deed Recordation and Indications on Plat
The applicable operations and maintenance agreement pertaining to every engineered stormwater
control shall be referenced on the final plat and shall be recorded with the Register of Deeds of the
county in which the stormwater control is located upon final plat approval. If no subdivision plat is
recorded for the site, then the operations and maintenance agreement shall be recorded with the
Register of Deeds of the appropriate county so as to appear in the chain of title of all subsequent
purchasers under generally accepted searching principles.
B. Signage
Where appropriate in the determination of the Stormwater Administrator to assure compliance with this
article, engineered stormwater controls shall be posted with a conspicuous sign stating who is responsible
for required maintenance and annual inspection. The sign shall be maintained so as to remain visible
and legible and comply with the standards in Section 5.16, Signage.
7.4.6. Records of Installation and Maintenance Activities
The owner of each engineered stormwater control shall keep records of inspections, maintenance, and
repairs for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
7.4.7. Nuisance
The owner of each stormwater BMP, whether engineered stormwater control or non -engineered stormwater
control, shall maintain it so as not to create or result in a nuisance condition.
7.4.8. Maintenance Easement
Every engineered stormwater control installed pursuant to this article shall be made accessible for
adequate maintenance and repair by a maintenance easement. The easement shall be recorded and its
terms shall specify who may make use of the easement and for what purposes.
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Article 7: Stormwater Management
Section 7.5. Enforcement and Violations
7.5.1. General
SECTION 7.5. ENFORCEMENT AND VIOLATIONS
7.5.1. General
A. Authority to Enforce
The provisions of this article shall be enforced by the Stormwater Administrator, his or her designee, or
any authorized agent of the Town. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of the Town.
B. Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by
this article, or the terms or conditions of any permit or other development approval or authorization
granted pursuant to this ordinance, is unlawful and shall constitute a violation of this Ordinance.
C. Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or offense.
D. Responsible Persons/Entities
1. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to
erect, construct, reconstruct, alter, repair, or maintain any structure, BMP, engineered stormwater
control, practice, or condition in violation of this article shall be subject to the remedies, penalties,
and/or enforcement actions in accordance with this section. Persons subject to the remedies and
penalties set forth herein may include any architect, engineer, builder, contractor, developer,
agency, or any other person who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this article, or fails to take appropriate action
so that a violation of this article results or persists; or an owner, any tenant or occupant, or any
other person, who has control over, or responsibility for, the use or development of the property on
which the violation occurs.
2. For the purposes of this article, responsible person(s) shall include, but not be limited to:
a. Person Maintaining Condition Resulting in or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that constitutes a
violation of this article, or fails to take appropriate action so that a violation of this article
results or persists.
b. Person Responsible for Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of the property,
any person who is responsible for stormwater controls or practices pursuant to a private
agreement or public document, or any person, who has control over, or responsibility for, the
use or development of the property.
7.5.2. Remedies and Penalties
The remedies and penalties provided for violations of this article, whether civil or criminal, shall be cumulative
and in addition to any other remedy provided by law, and may be exercised in any order.
A. Remedies
1. Withholding of Certificate of Compliance/Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a Certificate of
Compliance/Occupancy for the building or other improvements constructed or being constructed on
the site and served by the stormwater practices in question until the applicant or other responsible
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Article 7: Stormwater Management
Section 7.5. Enforcement and Violations
7.5.3. Procedures
person has taken the remedial measures set forth in the notice of violation or has otherwise cured
the violations described therein.
2. Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this article continues and remains uncorrected, the Stormwater
Administrator or other authorized agent may withhold, and the Town Council may disapprove, any
request for permit or development approval or authorization provided for by this Ordinance
and/or building regulations, as appropriate for the land on which the violation occurs.
3. Injunction, Abatements, Etc.
The Stormwater Administrator, with the written authorization of the Town Manager, may institute
an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order
of abatement to correct a violation of this article. Any person violating this article shall be subject
to the full range of equitable remedies provided in the General Statutes or at common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public safety and is within
the geographic limits prescribed by N.C.G.S 160A-193, the Stormwater Administrator, with the
written authorization of the Town Manager, may cause the violation to be corrected and the costs
to be assessed as a lien against the property.
5. Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s) violating this article.
The stop work order shall remain in effect until the person has taken the remedial measures set
forth in the notice of violation or has otherwise cured the violation or violations described therein.
The stop work order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations.
B. Civil Penalties
The Stormwater Administrator may assess a civil penalty against any person who violates any provision
of this article or of a permit or other requirement pursuant to this article. Civil penalties may be assessed
up to the full amount of penalty authorized by N.C.G.S. 143-215.6A.
C. Criminal Penalties
Violation of this article may be enforced as a misdemeanor subject to the maximum fine permissible
under North Carolina law.
7.5.3. Procedures
A. Initiation/Complaint
Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed
with the Stormwater Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
B. Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter
and inspect any land, building, structure, or premises to ensure compliance with this article.
C. Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation of this
article, the Stormwater Administrator shall notify, in writing, the property owner or other person
violating this article. The notification shall indicate the nature of the violation, contain the address
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Article 7: Stormwater Management
Section 7.6. Illicit Discharges and Connections
7.6.1. Illicit Discharges
or other description of the site upon which the violation is occurring, order the necessary action to
abate the violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed,
the time of their accrual, and the time within which they must be paid or be subject to collection as
a debt.
2. The Stormwater Administrator may deliver the notice of violation and correction order by any
means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil
Procedure.
3. If a violation is not corrected within a reasonable period of time, as provided in the notification,
the Stormwater Administrator may take appropriate action under this article to correct and abate
the violation and to ensure compliance with this article.
D. Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on which the
violation occurs, may submit to the Stormwater Administrator a written request for an extension of time
for correction of the violation. On determining that the request includes enough information to show that
the violation cannot be corrected within the specified time limit for reasons beyond the control of the
person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably
necessary to allow timely correction of the violation, up to, but not exceeding 30 days. The Stormwater
Administrator may grant 30-day extensions in addition to the foregoing extension if the violation cannot
be corrected within the permitted time due to circumstances beyond the control of the person violating
this article. The Stormwater Administrator may grant an extension only by written notice of extension.
The notice of extension shall state the date prior to which correction must be made, after which the
violator will be subject to the penalties described in the notice of violation and correction order.
E. Enforcement after Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall determine if the violation is corrected. The
Stormwater Administrator may act to impose one or more of the remedies and penalties authorized by
this article whether or not the violation has been corrected.
F. Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this article or
pose an immediate danger to the public health, safety, or welfare, then the Stormwater Administrator
may order the immediate cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
SECTION 7.6. ILLICIT DISCHARGES AND CONNECTIONS
7.6.1. Illicit Discharges
A. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and amount
that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid,
solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges
associated with the following activities are allowed and provided that they do not significantly impact
water quality:
1. Water line and fire hydrant flushing;
2. Landscape irrigation;
3. Diverted stream flows;
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Article 7: Stormwater Management
Section 7.6. Illicit Discharges and Connections
7.6.2. Illicit Connections
4. Rising groundwaters;
5. Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));
6. Uncontaminated pumped ground water;
7. Discharges from uncontaminated potable water sources;
8. Foundation drains;
9. Residential or commercial air conditioning condensate;
10. Irrigation water;
11. Springs;
12. Water from crawl space pumps;
13. Footing drains;
14. Lawn watering;
15. Individual residential and charity car washing;
16. Flows from riparian habitats and wetlands;
17. Dechlorinated swimming pool discharges;
18. Flows from firefighting activities;
19. Street wash water; and
20. Other non-stormwater discharges for which a valid NPDES discharge permit has been approved
and issued by the State of North Carolina, and provided that any such discharges to the municipal
separate storm sewer system shall be authorized by the Town.
(Ord. No. 2014-006, 05/27/2014; Ord. No. 2014-051, 1 1 /10/2014)
B. Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter.
7.6.2. Illicit Connections
A. Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of
non-stormwater, other than the exclusions described in subsection 7.6.1 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 vehicle washing or steam cleaning, and waste water from septic
systems.
B. Where such connections exist in violation of this section and said connections were made prior to the
adoption of this provision or any other regulation prohibiting such connections, the property owner or
the person using said connection shall remove the connection within one year following the effective date
of this article. However, the one-year grace period shall not apply to connections which may result in
the discharge of hazardous materials or other discharges which pose an immediate threat to health and
safety, or are likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
C. Where it is determined that said connection (a) 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 (b) was made in violation of any
applicable regulation or ordinance other than this section, the Stormwater Administrator shall designate
the time within which the connection shall be removed. In setting the time limit for compliance, the
Stormwater Administrator shall take into consideration:
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Article 7: Stormwater Management
Section 7.6. Illicit Discharges and Connections
7.6.3. Spills
1. The quantity and complexity of the work,
2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and private property,
and
4. The cost of remedying the damage.
7.6.3. Spills
A. Spills or leaks of polluting substances released, discharged to, or having the potential to released or
discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly
disposed. All affected areas shall be restored to their preexisting condition.
B. Persons in control of the polluting substances immediately prior to their release or discharge, and persons
owning the property on which the substances were released or discharged, shall immediately notify the
Fire Chief 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 the 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.
7.6.4. Nuisance
Illicit discharges and illicit connections which exist within the Town are hereby found, deemed, and declared
to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared
to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in
subsection 7.6.5. below.
(Ord. No. 2014-006, 05/27/2014)
7.6.5. Enforcement
A. Authority to Enter
Any authorized town personnel shall be permitted to enter upon public or private property for the
purposes of observation, inspection, sampling, monitoring, testing, surveying, and measuring compliance.
No person shall obstruct, hamper, or interfere with any such representative while carrying out his official
duties.
B. Civil and Criminal Penalties
1. Illicit Discharges
Any designer, engineer, contractor, agent, or any other person who allows, acts in concert,
participates, directs, or assists directly or indirectly in the creation of a violation of this article shall
be subject to civil penalties as follows:
a. For first time offenders, if the quantity of the discharge is equal to or less than five gallons and
consists of domestic or household products in quantities considered ordinary for household
purposes, or for any quantity of yard waste or litter, said person shall be assessed a civil
penalty of $100.00 per violation or per day for any continuing violation and if the quantity
of discharge is greater than five gallons or contains non -domestic substances, including but not
limited to process wastewater, or if the person cannot provide clear and convincing evidence
of the volume and nature of the substance discharged, said person shall be assessed a civil
penalty of $1,000.00 per violation or per day for any continuing violation.
b. For repeat offenders, the amount of the penalty shall be double the amount assessed for the
previous penalty, not to exceed $10,000.00 per violation for any continuing violation.
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Article 7: Stormwater Management
Section 7.6. Illicit Discharges and Connections
7.6.5. Enforcement
2. Illicit Connections
Any person found with an illicit connection in violation of this article and any designer, engineer,
contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists
directly or indirectly in the establishment of an illicit connection in violation of this article shall be
subject to civil penalties as follows:
a. First time offenders shall be subject to a civil penalty of $500.00 per day of continuing
violation.
b. Repeat offenders shall be subject to a civil penalty of $1,000.00 per day of continuing
violation.
3. Procedures for Assessing Civil Penalties
Said penalties shall be assessed by the town manager or his designee. No penalty shall be assessed
until the person alleged to be in violation is served written notice of the violation by registered,
certified mail -return receipt requested, or personal service. Refusal to accept the notice shall not
relieve the violator of the obligation to pay the penalty. The notice shall describe the violation with
particularity and specify the measures needed to come into compliance. The notice shall designate
the time within which such measures must be completed. The notice shall warn that failure to correct
the violation within the specified time period will result in the assessment of additional civil penalties.
4. Payment/Collection Procedures
Penalties shall be assessed by the town manager or his designee after proper notice has been
served as described in subsection (b)(3) above. The town manager or designee shall make written
demand for payment upon the person in violation. If payment is not received within 30 days after
demand for payment is made, the matter shall be referred to the town attorney for possible
institution of a civil action in the name of the town for recovering the penalty.
5. Criminal Penalties
Any person who knowingly or willfully violates any provision of this article or any order duly
adopted or issued pursuant to this article shall be guilty of a misdemeanor, punishable by a fine
not to exceed $500.00 or imprisonment for not longer than 30 days. Each violation shall be a
separate offense.
(Ord. No. 201 A-006, 05/27/201 A)
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