13 A Cornelius Post-Construction Ordinance FINAL

Cornelius, NC Code of Ordina nces
CHAPT ER 52: POST -CONST RUCT ION ST ORM WAT ER CONT ROL REGULAT IONS
Section
General Provisions
52.001 Title
52.002 Authority
52.003 Findings
52.004 P urpose
52.005 Applicability and jurisdiction
52.006 Interpretation
52.007 De sign manual
52.008 Relationship to other laws, regulations and priva te agreements
52.009 Severability
52.010 Effective date and transitional provisions
52.011 De finitions
Administra tion and Procedures
52.020 Review and decision making entities
52.021 Review procedures
52.022 Applications for approval
52.023 Approvals
52.024 Appeals
Sta nd a rd s
52.035 General standards
52.036 De velopment standards for low density projects
52.037 De velopment standards for high density projects
52.038 Request for determination of buffer requireme nt
52.039 Standards for storm water control measures
52.040 De ed recorda tion a nd indications on plat
52.041 De dication of BMP s, facilities and improvements
52.042 Va riances
Ma intena nce
52.055 General standards for maintena nce
52.056 Operation and ma intenance agreement
52.057 Inspection program
52.058 P erformance security for installa tion and maintena nce
52.059 Records of installation and maintenance activities
52.060 Nuisance
52.061 Maintenance easement
Viola tions a nd Enforcement
52.075 General
52.076 Inspections and investigations
52.077 Remedies and penalties
GENERAL PROVISIONS
§ 5 2 .001 TITLE.
This chapter shall be officially known as the "P ost-Construction Storm Water Chapter." It is re ferred to herein as "this chapter."
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .002 AUTHORITY.
The Town of Cornelius is authorized to adopt this chapter pursua nt to North Carolina law, inc luding but not limited to N.C. Const.
Art. 14, § 5; G.S. § 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; and Session Law
2004-163; Chapter 160A, §§ 174,185.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .003 FINDINGS.
(A) It is hereby determined that:
(1) Development and redevelopment alter the hydrologic response of loca l watersheds and increase storm water runoff rates and
volumes, flooding, soil erosion, stream channel e rosion, non-point source pollution, and sediment transport and deposition, as well as
reduce groundwater recharge;
(2) These changes in storm water runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology
which are harmful to public hea lth and safety as well as to the natural environment; and
(3) These effects can be managed and minimized by applying proper design and well-pla nned controls to manage storm water
runoff from development sites.
(B) Furthe r, the Federal Wa ter P ollution Control Act of 1972 ("Clean Water Act") and federal P hase II Storm Water Rules
promulgated under it, as well as rules of the North Carolina Environmental Manage ment Commission promulgated in response to
federal P hase II requirements, compel certain urbanized are as, including the Town of Cornelius, to adopt the minimum storm water
controls such as those included in this chapter.
(C) Therefore, the town establishes this set of water quality and quantity regulations to meet the requireme nts of state and federal
law regarding control of storm water runoff and discharge.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .004 PURPOSE.
(A) Genera l. The purpose of this chapte r is to protect, ma intain and enhance the public health, safety, environment and general
welfare by e stablishing minimum requirements and procedure s to c ontrol the adve rse effects of increased post-construction storm
water runoff and non-point
source pollution associated with new development and redevelopment. It ha s be en determined that proper management of
construction-rela ted and post-construction storm water runoff will minimize damage to public and private property and infrastructure,
safeguard the public health, sa fety, and genera l welfare, and protect water a nd aquatic resources.
(B) S p ec if ic. This chapter seeks to meet its general purpose through the following specific objectives and means:
(1) Establishing decision-making processes for development that protects the integrity of watersheds and preserve the health of
water resourc es;
(2) Minimizing changes to the pre-developme nt hydrologic response for new development and redevelopment in their post-
construction state in accordance with the re quirements of this chapter for the a pplicable design storm in order to reduce flooding,
streambank erosion, and non-point and point source pollution, as well as to ma intain the integrity of stream channels, aquatic habitats
and healthy stream temperatures;
(3) Establishing minimum post-construction storm water management standards and design criteria for the regulation and control
of storm wate r runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structura l storm water control facilities that
may be used to meet the minimum post-construction storm wate r management standards;
(5) Establishing criteria for the use of better management and site design practices, suc h as the preservation of greenspace and
other conservation areas;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and nonstruc tural storm water be st
management pra ctices (BMP s) to ensure tha t they continue to function as designed, are mainta ined appropriately, and pose minimum
risk to public safety; and
(7) Establishing administrative procedures for the submission, review, approval and disapproval of storm wa ter management
plans, for the inspection of approved projects, and to assure appropriate long-term maintenance.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .005 APPLICAB ILITY AND J URISDICTION.
(A) Genera l. The requirements of this section shall apply to all developments and redevelopme nts within the corporate limits or in
the extraterritorial jurisdiction, unless one of the following exc eptions applies to the development or redevelopment a s of June 30, 2007.
(1) Major site plans, major subdivisions and conditional use plans submitted and accepted for review;
(2) Zoning use application submitted and accepted for review for uses that do not require a building permit;
(3) Certificate of building code compliance issued by the proper governmental authority;
(4) Valid building permit issued pursua nt to G.S. § 153A-344 or G.S. § 160A-385(b)(i), so long as the permit remains valid,
unexpired, and unrevoked;
(5) Common law vested right establishe d (e.g., the substantial expenditure of resources (time, labor, money) based on a good
faith reliance upon having received a valid governmental approval to proceed with a project); and/or
(B) Exemp tio n s. The requirements of this section shall not apply within the corporate limits or in the extraterritorial jurisdiction
with respect to the following types of development or redevelopment activities:
(1) Development that cumulatively disturbs less than one acre and is not part of a larger common plan of development or sale is
exempt from the provisions of this chapter.
(2) Redeve lopment or expansion that cumulatively disturbs less than one acre and is not part of a larger plan of developme nt or
sale is exempt from the provisions of this cha pter.
(3) Redeve lopment or expansion that re sults in no net increase in built-upon area and provides equal or greater storm wate r
control than the previous development is exempt from the provisions of this chapter.
(4) Activities exempt from permit requirements of § 404 of the federal Clean Water Act, as specified in 40 C.F.R. § 232
(primarily, ongoing farming and forestry activities) are exempt from the provisions of this chapter.
(C) No d evelo p men t o r red ev elo p ment until compliance a n d permit. No development or redevelopment shall occur except in
compliance with the provisions of this chapter or unless exempted. No deve lopment for which a pe rmit is required pursuant to this
chapter shall occur except in compliance with the provisions, conditions, and limitations of the permit.
(D) Ma p . The provisions of this chapter shall apply within the areas designated on the ma p title d "P ost-Construction Ordinance
Map of the Town of Cornelius, North Carolina " (hereafter referred to as the "post-construction ordinance map"), which is adopted
simultaneously herewith. The post-construction ordinance map and all expla natory matter contained thereon a ccompanies and is
hereby made a part of this chapter. The post-construction ordinance map shall be kept on file by the Storm Wa ter Administrator or
designee (he reinafter referre d to as the "Storm Water Administra tor") and shall be updated to take into account cha nges in the land
area covered by this chapter and the geographic location of all structural BMP s permitted under this chapter. In the event of a
dispute, the applicability of this chapter to a particular area of land or BMP shall be determined by appeal through the Storm Water
Administrator.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .006 INTERPRETATION.
(A) Meanin g and inten t. All provisions, terms, phrases, and expressions c ontained in this chapter shall be construed acc ording to
the general and specific purposes set forth in § 52.004. If a different or more spe cific meaning is given for a term defined elsewhere
in the town's ordinances, the meaning and application of the term in this chapter shall control for purposes of application of this
chapter.
(B) Tex t contro ls in event of conf lict. In the event of a conflict or inconsistency between the text of this chapter and any
heading, ca ption, figure, illustration, table, or map, the text sha ll control.
(C) Au thority f or in terpretation. The Storm Water Administrator has authority to interpre t this chapter. Any person may request
an interpreta tion by submitting a written request to the Storm Wate r Administrator who shall respond in writing within 30 days. The
Storm Water Administrator shall keep on file a rec ord of all written interpretations of this chapter.
(D) Ref eren ces to statu tes, reg u lations, a n d d o cumen ts. Whenever reference is made to a resolution, ordinance, statute,
regulation, ma nual (including the Design and Administrative Manuals), or document, it shall be construed as a reference to the most
recent edition of such that has bee n finalized and published with due provision for notice and c omment, unless othe rwise spec ifically
stated.
(E) Co mputa tio n of time . The time in which an act is to be done shall be computed by excluding the first day and including the
last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required
date of action shall be the next day that is not a Saturday, Sunda y or holiday observed by the town. Referenc es to days are calendar
days unless otherwise stated.
(F) Delegation o f a u thority. Any act authorized by this chapter to be c arried out by the Storm Water Administrator of the town
may be carried out by his or her designee.
(G) Usa g e.
(1) M a n d a to ry and d iscre tio n a ry terms. The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(2) Conj u n ctio n s. Unle ss the context clearly indicates the contrary, conjunctions shall be interpreted a s follows: the word "a nd"
indicates that all connected items, conditions, provisions or events apply. The word "or" indica tes that one or more of the connected
items, conditions, provisions or events apply.
(3) Ten se, plu ra ls, a n d g ender. Words use d in the prese nt tense include the future tense. Words used in the singular number
include the plural number and the plural number includes the singular number, unless the conte xt of the particula r usage clearly
indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(H) Measuremen t a n d comp u tation. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or
site.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .007 DESIGN M ANUAL.
(A) Ref eren ce to Desig n M a n ual.
(1) The Storm Water Administrator sha ll use the policy, criteria, and information, including te chnical specifications and standards,
in the Design Manual as the basis for decisions about storm water manageme nt permits and about the design, implementation and
performance of structural a nd non-structural storm water BMP s.
(2) The De sign Manual includes a list of acceptable storm water treatment practices, including the specific design criteria for
each storm wate r practice. Storm water treatme nt practices that are designed and constructed in accordanc e with these design and
sizing criteria will be presumed to meet the minimum water quality performance standards of this chapter and the P hase II laws.
Failure to c onstruct storm water treatment practices in accordance with these criteria may subject the violator to a civil penalty as
described in §§ 52.075 through 52.077.
(B) Relationsh ip of De sig n M a n u a l to o th er laws a n d reg u lations. If the specifications or guidelines of the Design Ma nual are
more restrictive or apply a higher standard than other laws or regulations, that fa ct shall not prevent application of the specifications or
guidelines in the Design Manual.
(C) Ch a n g es to standa rds a n d sp ecif ications. Standa rds, specifications, guidelines, policies, criteria, or other information in the
Design Manual in affect at the time of acce ptanc e of a complete application shall c ontrol and shall be utilized in reviewing the
application and in implementing this chapter with regard to the application.
(D) Amendments to Desig n M a n u a l.
(1) The De sign 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 ma intenance experie nce.
(2) P rior 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. 2007-00367, passed 4-16-07)
§ 5 2 .008 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEM ENTS.
(A) Conf lict o f laws. This chapter is not intended to modify or repeal any othe r ordinance,
rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance,
rule, regulation or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by
any other ordinance, rule, regulation or other provision of law, whic hever provision is more restrictive or imposes higher protective
standards for human or environme ntal health, safety, and welfare, shall control.
(B) Priva te a g reemen ts. This chapter is not intended to revoke or repeal any easement, covenant, or other private agree ment.
However, where the regula tions of this chapter are more restrictive or impose higher standards or requirements than such easement,
covenant, or other private a greement, then the requirements of this chapter sha ll govern. Nothing in this chapter shall modify or repeal
any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this chapter. In
no case shall the town be obligated to enforce the provisions of any easements, covenants, or agree ments between private parties.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .009 SEVERAB ILITY.
If the provisions of any section, subsection, or clause of this chapter shall be adjudged invalid by a court of competent jurisdiction,
such judgment shall not affect or invalidate the re mainder of any section, subsection, paragra ph, subdivision or c lause of this cha pter.
(Ord. 2007-00367, passed 4-16-07; Am. Ord. 2013-00522, passed 2-18-13)
§ 5 2 .010 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS.
(A) Ef f ective date. This cha pter shall take effect on June 30,2007.
(B) Viola tio n s continue. Any violation of the provisions of this chapter existing as of the effe ctive date of this chapter shall
continue to be a violation unde r this chapter and be subject to pe nalties and enforce ment unless the use, deve lopment, construc tion, or
other activity complies with the provisions of this chapter.
(Ord. 2007-00367, passed 4-16-07; Am. Ord. 2013-00522, passed 2-18-13)
§ 5 2 .011 DEFINITIONS.
For the purpose of this cha pter, the following definitions shall apply unless the context clearly indicates or requires a different
meaning.
ADMINISTRATIVE MANUAL. A manual developed by the Storm Water Administrator and distributed to the public to provide
information for the effective administration of this chapter, including but not limited to application requirements, submission schedule,
fee schedule , maintenance agre ements, criteria for mitigation a pproval, criteria for recordation of documents, inspec tion report forms,
requirements for submittal of bonds, a copy of this chapter, and where to obta in the design ma nual.
BEST MANAGEMENT PRACTICES (BMPs). A structural management facility used singularly or in combina tion for storm
water quality and quantity treatment to achieve water quality protection goals.
BUFFER. A natural or vegetated area through which storm water 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.
BUFFER WIDTHS. Vie wed aerially, the stream buffer width is measured horizontally on a line perpendicula r to the surface
water, landward from the top of the bank on each side of the stream.
BUFFER ZONES. Are as of the buffer with varying widths, uses and ve getative targets.
BUILT-UPON AREA (BUA). That portion of a development project that is covered by impe rvious or partially impervious surface
including, but not limited to, buildings; pavement a nd gravel areas such as roads, parking lots, and paths; and re creation facilities such
as tennis courts. BUILT-UPON AREA does not include a wooden slatted de ck or the water area of a swimming pool.
DESIGN MANUAL. The storm water design manual shall be approved for use in the town by the North Carolina Department of
Environment and Natural Resources and shall be at least as stringent as the storm water design manual approved for use in P hase II
jurisdictions by the Department for the proper implementation of the requirements of the federa l P hase II storm water progra m. All
references herein to the DESIGN MANUAL a re to the latest published edition or revision.
DEVELOPMENT. New development created by the addition of built upon area to land void of built upon a rea as of the effective
date of this cha pter.
DISTURBANCE. Any use of the land by any person or entity which results in a change in the natural cover or topography of the
land.
DRAINAGE AREA. That a rea of land that drains to a common point on a project site.
FLOODPLAIN. The low, periodically-flooded lands adjac ent to streams. For land use planning purposes, the regulatory floodplain
is usually vie wed as all lands that would be inundated by the regulatory flood.
LARGER COMMON PLAN OF DEVELOPMENT OR SALE. Any contiguous area whe re multiple separate and distinct
construction or land disturbing ac tivities will oc cur under one plan. A plan is any announcement or piece of docume ntation (including
but not limited to public notice or hearing, drawing, permit application, zoning request, or site design) or physical demarcation (including
but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction a ctivities may occur on a specific plot.
LOW IMPACT DEVELOPMENT (LID). The integration of site ecology a nd environme ntal goals and requirements into all phases
of urban planning and design from the individual residential lot level to the entire watershed.
NON-POINT SOURCE (NPS) POLLUTION. Forms of pollution caused by sediment, nutrients, organic and toxic substanc es
originating from la nd use activitie s and carried to lakes and streams by surface runoff.
OWNER. The legal or beneficial owner of la nd, including but not limited to a fee owner, mortgagee or vende e in possession,
receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the prope rty or
having lega l power of management and control of the property. OWNER shall include long-term commercia l tena nts; manage ment
entities, such as those charged with or engaged in the management of properties for profit; and e very person or entity having joint
ownership of the property. A secured lender not in possession of the property does not constitute a n owner, unle ss the secured lender
is included within the meaning of "owner" under another description in this definition, such as a ma nagement entity.
PERSON(S). Any individual, partnership, firm, association, joint venture, public or private c orporation, trust, estate, commission,
board, public or private institution, utility, cooperative, interstate body, or other legal entity.
REDEVELOPMENT. Rebuilding activities on portions of land containing built-upon area a s of the effective date of this chapter.
STORM WATER ADMINISTRATOR. The P lanning Director that has been designated by the town to a dminister and enforce this
chapter.
STORM WATER MANAGEMENT PERMIT. A permit required for all deve lopment and re development unless exempt pursuant
to this chapter, which demonstrate s complia nce with this chapter.
S.W.I.M. An acronym for the surface water improvement and management initiative by the Mecklenburg County Board of
Commissioners for the purpose of restoring the quality and usability of Mecklenburg County's surface water resources. The S.W.I.M.
initiative resulted in the adoption of county wide buffers on strea ms that are termed S.W.I.M. Buffers.
TOTAL SUSPENDED SOLIDS (TSS). Tota l suspended matter in water which includes particles collected on a filter with a pore
size of two microns as measure d by Standard Method 2540-D, which is commonly expressed as a concentration in terms of milligrams
per liter (mg/l) or parts per million (ppm).
(Ord. 2007-00367, passed 4-16-07; Am. Ord. 2013-00522, passed 2-18-13)
ADM INIST RAT ION AND PROCEDURES
§ 5 2 .020 REVIEW AND DECISION M AKING ENTITIES.
(A) S torm Water Admin istra to r.
(1) Designation. The P lanning Director has been designa ted as the Storm Water Administrator by the town for the purpose of
administering and enforcing this chapter.
(2) Po wers and d u ties. In addition to the powers and duties that maybe conferred by othe r provisions of the Cornelius Land
Development Code and other laws, the Storm Water Administrator shall have the following powers and duties under this chapte r:
(a) To review and a pprove or disapprove applications submitted pursuant to this chapter;
(b) To make determinations and render interpretations of this chapter;
(c) To establish application requireme nts and schedules for submittal and review of applications and appeals;
(d) To enforce this chapter in accordance with its enforce ment provisions;
(e) To maintain records, maps, and official materials as relate to the adoption, amendme nt, enforcement, or administration of
this chapter.
(f) To provide expertise and technical assistance upon request to the Board of Adjustment of the Town of Cornelius;
(g) To designate appropriate other person(s) who shall carry out the powers and duties of the Storm Water Administrator.
(h) To provide informa tion and recommendations relative to variance s and information as requested by the Board of
Adjustment in response to appeals; and
(i) To take any other action necessary to administer the provisions of this chapter.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .021 REVIEW PRO CEDURES.
(A) Permit req uired; mu st apply f o r permit. A storm wa ter management permit is required for all development and
redevelopment unless exempt pursuant to this chapter. A permit may only be issue d subsequent to a properly submitted, reviewed and
approved permit a pplication, pursuant to this section. The content a nd form of the permit shall be established by the Storm Wate r
Administrator.
(B) Ef f ect o f p ermit.
(1) A storm water ma nagement permit shall govern the design, installation, a nd construction of storm water management and
control practices on the site , inc luding structural BMP s and elements of site design for storm wate r management other than structural
BMP s.
(2) The 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 storm water for the de velopment or redevelopment site consistent with the require ments of this chapter,
whether the approach consists of structural BMP s or other tec hniques such as low-impact or low-density design. Compliance after
project construction is assured by the maintenanc e provision of this chapter.
(C) Au thority to f ile a p p lic a tio n s. All applications required pursuant to this chapter sha ll be submitted to the Storm Water
Administrator by the land owner or the land owner's duly authorized agent or anyone having interest in the property by reason of a
written contra ct with the owner.
(D) Establish ment of application requ iremen ts, sch ed u le, a nd f ees.
(1) Ap p lica tio n conten ts a n d f o rm. The Storm Water Administrator shall establish re quirements for the content and form of all
applications and shall amend a nd update those requirements from time to time . At a minimum, the storm wate r management permit
application shall describe in de tail how post-construction storm water runoff will be controlled and managed, the design of all storm
water facilities and practices, and how the proposed project will meet the requirements of this chapter.
(2) S u b missio n sch ed u le. The Storm Water Administrator shall establish a submission schedule for applications. The schedule
shall establish de adlines by which complete applications must be submitted for the purpose of ensuring that the re is adequate time to
review applications, and that the various stages in the review process are accommodated.
(3) Permit review f ee s. The town shall establish 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) Ad min istrative ma n u a l. For applications required under this chapter, the Storm Wate r Administrator shall compile into an
administrative manual the application requirements, submitta l checklist, submission schedule, fee schedule, maintenance agreements, a
copy of this chapter, and where to obtain the Design Manua l, as well as other information and mate rials necessary for the effe ctive
administration of this chapter. This administrative manual shall be made ava ilable to the public.
(E) S u b mittal of comp lete a p p lica tio n .
(1) Applica tions shall be submitted to the Storm Water Administrator pursuant to the application submitta l schedule in the form
established by the Storm Water Administrator, along with the appropriate fee esta blished pursuant to this section.
(2) An a pplication sha ll be considered as timely submitted only when it c ontains all elements of a complete application pursuant to
this chapter, a long with the appropriate fee. If the Storm Water Administrator finds that an application is incomplete, the applicant
shall be notified of the deficient elements and sha ll be provide d with an opportunity to submit a complete applica tion. However, the
submittal of an incomplete application shall not suffice to mee t a deadline conta ined in the submission schedule established above.
(F) Review. Within 30 working days after a complete application is submitted, the Storm Water Administrator shall review the
application and determine whether the application complies with the standards of this chapter.
(1) Ap p ro va l. If the Storm Water Administrator finds that the application complies with the standards of this chapter, the Storm
Water Administrator shall approve the application and issue a storm water mana gement permit to the applica nt. The Storm Water
Administrator may impose conditions of approval as needed to e nsure complianc e with this c hapte r. The conditions shall be included in
the permit as part of the approval.
(2) Fa ils to comply. If the Storm Wa ter Administrator finds that the application fails to comply with the standards of this
chapter, the Storm Water Administrator shall notify the applica nt and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
(3) Revisio n and subseq u en t review.
(a) A complete revised application shall be reviewed by the Storm Water Administrator within 15 working days after its re-
submittal and shall be approved, approved with conditions or disapproved.
(b) If a revised applica tion is not re-submitted within 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 fe e.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .022 APPLICATIONS FOR APPROVAL.
(A) Concep t p lan a n d consultation meetin g .
(1) Before a storm water management permit application is submitted, the Storm Water Administrator or land owner or the land
owner's duly authorized agent or a nyone having interest in the property by reason of a written contract with the owner may request
consultation(s) on a concept pla n for the post-construction storm water management system to be utilized in the proposed development
project. This consultation meeting(s) should ta ke place at the time of the preliminary plan of the subdivision or other early ste p in the
development process. The purpose of this meeting(s) is to discuss the post-construction storm wa ter management measures
necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to storm water
management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource
protection plans may be consulted in the discussion of the conc ept plan.
(2) At the time of concept plan submittal, the following information should be included in the concept plan, which should be
submitted in advance of the meeting as specified in the Administrative Manua l:
(a) Existin g conditio n s / p ro p o sed site p la n s. Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent streams; mapping of pre dominant soils from soil surveys;
boundaries of e xisting predominant vegetation and proposed limits of clearing and grading; proposed Open Spa ce area; and location of
existing and proposed roads, buildings, parking a reas and othe r impervious surfaces.
(b) Na tura l resources in v ento ry. A written or graphic inventory of the na tural resources at the site and surrounding area as it
exists prior to the commence ment of the project. This description should inc lude a discussion of soil conditions, fore st cover, geologic
features, topography, wetlands, a nd native ve getative areas on the site, as well as the location a nd boundaries of other natural fea ture
protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic system setbacks, and the like). P articular a ttention should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development.
(c) Sto rm wa ter ma n a g e men t syste m concep t p lan . A written or graphic concept plan of the proposed post-construction
storm wate r management system including: preliminary selection and location of proposed struc tural storm water controls; low impact
design elements; location of existing and proposed conveyanc e systems such as grass channels, swales, and storm drains; flow paths;
location of proposed open space areas; loca tion of all floodplain/floodway limits; relationship of site to upstream a nd downstrea m
properties and dra inages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
(B) S torm wa ter ma n a g emen t permit a p p lication.
(1) The storm water manage ment permit application shall detail how post-construction storm water runoff will be controlled and
managed and how the proposed project will meet the requirements of this cha pter, including §§ 52.035 through 52.042. All such plans
submitted with the application shall be prepared by a registered North Carolina professional engineer or landsc ape a rchitect. The
engineer or landscape architect shall perform services only in their area of competence, and shall verify that the design of all storm
water 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 chapter.
(2) The submittal shall include all of the information required in the submittal checklist established by the Storm Water
Administrator. Incomplete submittals shall be treated pursua nt to § 52.021(E).
(C) As-built pla n s and f in a l a p p ro val.
(1) The applicant shall certify that the completed project is in accordance with the approved storm water management plans and
designs, and shall submit ac tual "as-built" plans for all storm water management facilities or practices after final construction is
completed. Failure to provide a pproved as-built plans within the time frame specified by the Storm Water Administrator may result in
assessment of penalties as specified in §§ 52.075 through 52.077. At the discretion of the Storm Water Administrator, performance
securities or bonds may be require d for storm wa ter management facilities or practices until as-built plans are approved.
(2) As-built plans shall show the final design specifications for all storm water management facilities and prac tices and the field
location, size , depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the storm water
management measures and plans shall certify, under seal, that the as-built storm water measures, controls, and devices are in
compliance with the approved storm water ma nagement plans and designs a nd with the requirements of this chapter.
(3) Final as-built plans and a final inspection and approval by the Storm Water Administrator are required before a projec t is
determined to be in complia nce with this chapter. At the disc retion of the Storm Water Administrator, certificate s of occupancy ma y
be withheld pending receipt of as-built plans and the completion of a final inspection and approval of a project.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .023 APPROVALS.
(A) Ef f ect o f appro va l. Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the
permit. The approval shall not be construed to exempt the applicant from obtaining other applic able approvals from local, state , and
federal authorities.
(B) Time limit/expira tio n . A storm wate r management permit and accompanying plan a pprove d under the provisions of this
chapter shall re main valid for a period of thre e yea rs from the date of approval. If no work on the site in furtherance of the pla n has
commenced within the three-ye ar period, the pe rmit and plan a pproval will become null and void and a new application will be required
to develop the site . If work on the site in furtherance of the plan has commence d that involves a ny utility installations or street
improvements except grading, the permit and plan shall remain va lid and in force and the projec t may be completed in accordance with
the approved plan.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .024 APPEALS.
(A) Rig h t o f a p p ea l. Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this chapter and made by the Storm Water Administrator may file an appeal to the Board of Adjustment
within 30 days.
(B) Filing o f a ppea l a n d p rocedures.
(1) Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on
forms provided by the town. The Storm Wa ter Administrator shall forthwith transmit to the Board of Adjustment all documents
constituting the record on which the decision appealed from was ta ken.
(2) The hearing conduc ted by the Board of Adjustment shall be conducted in the nature of a
quasi-judicial proceeding in accordance with Chapter 16 of the Town of Cornelius Land Development Code.
(C) Review b y Superior Co u rt. Every decision of the Board of Adjustment shall be subject to Superior Court review by
proceedings in the nature of certiorari. P etition for review by the Superior Court shall be file d with the Clerk of Superior Court within
30 days after the latter of the following:
(1) The decision of the Boa rd of Adjustment is filed; or
(2) A written copy thereof is delivered to every aggrieved party who has filed a written request for such c opy with the Board of
Adjustment at the time of its hearing of the case.
(Ord. 2007-00367, passed 4-16-07)
ST ANDARDS
§ 5 2 .035 GENERAL STANDARDS.
All development and redevelopment to which this chapter a pplies shall comply with the standards of this subchapter.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .036 DEVELOPM ENT STANDARDS FOR LOW DENSITY PROJECTS.
Any drainage area within a project is considere d low density when the dra inage area has less than or equal to 24% built upon area
as determined by the methodology established in the Design Manual. Such low density proje cts shall comply with each of the
following sta ndards.
(A) Veg etated conveya n ce s. Storm water runoff from the development shall be transported from the deve lopment by vegetated
conveyances to the maximum e xtent practicable.
(B) S trea m b u f f ers.
(1) Bu f f er delineation. The surface wa ter improvement and management (S.W.I.M.) stream buffer requirements apply as
described in the Town of Cornelius Land Development Code, § 9.5. S.W.I.M. stream buffers, throughout the jurisdiction of the town
shall be deline ated by Mecklenburg County through its geographic information system (GIS) using the most c urre nt digital elevation
model (DEM) of no greater than ten-foot cells. This stream buffer delineation including buffer widths shall be periodically updated as
new data becomes available. The most recent delineation sha ll be provided for public use through Mecklenburg County's website.
(2) Bu f f er width s. All streams draining le ss than 50 acres shall have a minimum 30-foot vegetated buffer including a ten-foot
zone adjacent to the bank. Disturbance of the buffer is allowed; however, any disturbed area must be revege tated a nd disturbance of
the ten-foot zone adjacent to the bank shall require stream bank stabilization using bioengineering techniques as specified in the Design
Manual. All perennial and intermittent streams draining greater than or equal to 50 acres and less than 300 a cres shall have a 35-foot
buffer. Streams draining gre ater than or equal to 300 acres a nd less than 640 acres shall have a 50-foot buffer. Streams dra ining
greater than or e qual to 640 acres shall have a buffer 100 fee t in width or include the entire FEMA floodplain, whichever is greater.
Buffer widths shall be measured horizontally on a line perpendicula r to the surface water, landward from the top of the bank on e ach
side of the stream. P assive rec reational uses are allowed in the buffer, including greenway trails and bicycle paths, as well as other
land uses consistent with maintaining the natural topography and vegetation. The allowed buffer impacts, buffer delineation and
reforestation of disturbed buffers are described in the Town of Cornelius Land Development Code, § 9.5. A summary of minimum
buffer widths is provided in the table below.

Minimum S.W.I.M. Buffer Widths
by Basi n Size.
Upst ream
Drai nage Area
Total Buffer
Width Each side
of Stream
< 50 acres 30 feet
50 acres 35 feet
300 acr es 50 feet
640 acr es
100 feet or enti re
FEMA
floodpl ai n,
whichever is
greater

(Ord. 2007-00367, passed 4-16-07; Am. Ord. 2013-00522, passed 2-18-13)
§ 5 2 .037 DEVELOPM ENT STANDARDS FOR HIGH DENSITY PROJ ECTS.
Any drainage area within a project is considere d high density when said dra inage area has greater than 24% built upon area as
determined by the methodology established in the Design Manual. The built upon a rea caps specified in the water supply watershed
protection re quirements contained in § 11 of the Town of Cornelius Land Development Code shall apply. In situations where the
water supply watershed protection requirements and the requirements of this chapter both apply, the more stringent shall govern. High
density proje cts shall implement storm water tre atment systems that comply with each of the following standards.
(A) Veg etated conveya n ce s. Storm water runoff from the development shall be transported from the deve lopment by vegetated
conveyances to the maximum e xtent practicable.
(B) S trea m b u f f ers.
(1) Bu f f er delineation. Same as § 52.036(B)(1) above.
(2) Bu f f er width s. Same a s § 52.036(B)(2) above.
(C) S torm wa ter q u a lity trea tment volu me. Storm water quality treatment systems shall treat the runoff generated from the first
inch of rainfall.
(D) S torm water q u a lity trea tmen t. All structural storm water treatment syste ms used to meet these requirements shall be
designed to have a minimum of 85% average annual removal for total suspended solids. Low impact development techniques as
described in the Design Ma nual maybe used to me et this requirement.
(E) S torm wa ter trea tment system d esign. General engineering design criteria for all projects shall be in ac cordance with 15A
NCAC 2H .1008(c), as explained in the Design Manual.
(F) Sto rm wa ter volu me contro l. Storm water treatment systems shall be installed to control the volume leaving the project site at
post-development for the one-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 24 hours, but not more than
120 hours.
(G) S torm wa ter p ea k co n trol. For residential developments exceeding 24% built-upon area, peak control shall be installed for the
appropriate storm frequency (i.e., 10, 25, 50 or 100-year, 6-hour) as determined by the Storm Water Administra tor based on a
downstream flood analysis provided by the owner or designee using the criteria spe cified in the Design Manua l or if a downstream
analysis is not performed the pea k shall be controlled for the 10-year and 25-yea r, 6-hour storms. For commercial development
exceeding 24% built-upon area, peak control shall be installed for the 10-yea r, 6-hour storm and additional peak c ontrol provided for
the appropriate storm frequency (i.e., 25, 50 or 100-year, 6-hour) as determined by the Storm Water Administrator based on a
downstream flood analysis provided by the owner or designee using the criteria spe cified in the Design Manua l or if a downstream
analysis is not performed the pea k shall be controlled for the 10-year and 25-yea r, 6-hour storms. Controlling the 1-year, 24-hour
volume achieves peak control for the 2-year, 6-hour storm. The emergency overflow and outle t works for any pond or wetla nd
constructed as a storm water BMP shall be capable of safely passing a discharge with a minimum recurrence frequency as specifie d
in the Design Manual. For detention basins, the temporary storage capacity shall be restored within 72 hours. Requirements of the
Dam Safety Act shall be met when applicable.
(Ord. 2007-00367, passed 4-16-07; Am. Ord. 2013-00522, passed 2-18-13)
§ 5 2 .038 REQUEST FO R DETERM INATION OF B UFFER REQUIREM ENT.
When a landowner or other affe cted party believes that the S.W.I.M. stream buffer deline ation maps described in § 52.036(B)(1)
inaccurately depic t buffer requirements, he or she shall request a determination from the Storm Water Administrator. Such
determinations shall be made by the Storm Water Administrator ba sed on an on-site evaluation using the U.S. Army Corps of
Engineers and N.C. Division of Water Quality methodology for stream delineation as well as information from databases maintaned
for stream delinea tion by Me ckle nburg County. Such determina tions can also be made at the discretion of the Storm Water
Administrator in the absenc e of a request from a landowner or other concerned party. The buffer requirements of this chapter shall
apply based on determinations made by the Storm Water Administrator. Surface waters that appear on the maps shall not be subject
to this chapter if a n on-site dete rmination by the Storm Water Administrator shows that they fall into one of the following categories.
(A) Ditches and manmade conveyances other than modified na tural streams.
(B) Manmade ponds and lakes that are not inte rsected by a buffered stream segment and that a re located outside natural drainage
ways.
(C) Ephe meral (storm water) streams.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .039 STANDARDS FOR STORM WATER CONTROL M EASURES.
(A) Eva luation a cco rd in g to conten ts o f Design Man u a l. All storm wate r c ontrol me asure s and storm water treatment
practices (also referred to as best management practices, or BMP s) required under this chapter shall be evaluated by the Storm Water
Administrator ac cording to the policies, criteria, and information, including technical specifica tions, standards and the specific design
criteria for each storm water best management practice contained in the Design Manual. The Storm Water Administrator sha ll
determine whether these measures will be ade quate to meet the requirements of this chapter.
(B) Determin a tio n of a d e q u a cy; presu mptions and a ltern a tives. Storm water treatment practices tha t are designed,
constructed, a nd maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the
minimum water quality and quantity performanc e standards of this chapter. Whenever an applicant proposes to utilize a prac tice or
practices not designed and constructed in accordance with the c riteria and specifications in the Design Manual, the applicant shall have
the burden of demonstrating that the practic es) will satisfy the minimum water quality and qua ntity performance standards of this
chapter before it can be approved for use. The Storm Water Administrator may require the a pplicant to provide such documenta tion,
calculations, a nd examples as necessary for the Storm Water Administrator to dete rmine whether such an affirmative showing is
made.
(C) S u b mitta l o f d igital reco rd s. Upon submittal of as-built plans, the location of storm drainage pipes, inlets and outlets as well
as the location of all BMP s must be delivered to the Storm Wa ter Administrator in the digital format specified in the administrative
manual.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .040 DEED RECORDATION AND INDICATIO NS ON PLAT.
The approval of the storm water management permit shall require an enforceable restriction on property usage that runs with the
land, such as plat, recorded de ed restrictions or protective covena nts, to ensure that future development and redevelopment maintains
the site consistent with the approved project plans. Streams and buffer bounda ries including the delineation of ea ch buffer zone must
be specified on all surveys and record plats. The applicable operations and maintenance agreement pertaining to every structural
BMP shall be referenced on the final plat and shall be recorded with the Me ckle nburg County Register of Deeds Office upon final plat
approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement shall be rec orded with the
Mecklenburg County Register of Deeds Office so as to appear in the chain of title of all subsequent purchasers under generally
accepted searching principles. A copy of the rec orded maintenance agreeme nt shall be provided to the Storm Wa ter Administrator
within 14 days following receipt of the recorde d document. A maintenance easement shall be re corded for every structural BMP to
allow sufficient access for adequate maintenance. The specific recordation a nd de ed restric tion requirements as well as notes to be
displayed on fina l plats and deeds shall be containe d in the administrative ma nual.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .041 DEDICATION OF B M PS, FACILITIES AND IM PROVEM ENTS.
The town will not accept dedication of any e xisting or future storm water management fac ility for maintenance , but may, in its
discretion to promote safety and health, and provided such facility meets all the requirements of this chapter and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. P rocedures for acce ptanc e of
BMP s are provided in the administrative manual.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .042 VARIANCES.
(A) Any person may petition the town for a variance granting permission to use the person's la nd in a manner otherwise prohibited
by this chapter. To qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict applic ation of this c hapte r;
(2) The hardships result from conditions that are peculia r to the property, such as the location, size, or topography of the property;
(3) The hardships did not result from ac tions taken by the petitioner; and
(4) The requested variance is consistent with the spirit, purpose, and intent of this chapte r; will secure public safety and welfare;
and will preserve substantial justice.
(B) The town may impose reasonable and appropriate conditions and safeguards upon any varia nce it gra nts.
(Ord. 2007-00367, passed 4-16-07)
M AINT ENANCE
§ 5 2 .055 GENERAL STANDARDS FOR M AINTENANCE.
(A) Fu n ctio n of BMPs a s in ten d ed . The owner of a structural BMP installed pursuant to this chapter shall maintain and operate
the BMP so a s to preserve a nd continue its function in controlling storm water quality and qua ntity at the degree or amount of function
for which the structural BMP was designed.
(B) An n u a l main tenance in sp ection a n d report. The person responsible for maintenance of any BMP installed pursuant to this
chapter shall submit to the Storm Water Administrator an inspection report from a qualified registered North Carolina professional
engineer or landscape architect pe rforming services only in the ir area of competence. The inspe ction report shall contain all of the
following:
(1) The name and address of the land owne r;
(2) The recorded book and page numbe r of the lot of ea ch structural BMP ;
(3) A statement that an inspection was made of all structural BMP s;
(4) The date the inspe ction was made;
(5) A statement that all inspected structural BMP s are performing properly and are in compliance with the terms and conditions
of the approved maintenance agreement required by this chapter; and
(6) The original signature and seal of the e ngineer, surveyor, or landscape architect.
(C) All inspection reports shall be on forms supplied by the Storm Water Administrator tha t are contained in the administrative
manual. An original inspection report shall be provided to the Storm Water Administrator beginning one year from the date of as-built
certification and each year thereafter on or before the anniversary date of the as-built certification.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .056 OPERATION AND M AINTENANCE AGREEM ENT.
(A) Genera l.
(1) At the time that as-built plans are provided to the Storm Water Administrator as describe d in § 52.022(C) and prior to final
approval of a project for compliance with this chapter, but in all cases prior to placing the BMP s in service, the applicant or owner of
the site must exec ute an operation and maintenanc e agreement tha t shall be binding on all current and subseque nt owners of the site,
portions of the site, and lots or parcels served by the structural BMP . Failure to e xecute an operation and maintenance agreement
within the time frame specified by the Storm Wate r Administrator may result in assessment of penalties as specified in §§ 52.075
through 52.077. Until the tra nsference of all property, sites, or lots served by the structural BMP , the original owner or applicant shall
have primary responsibility for carrying out the provisions of the maintenance a greement. At the discretion of the Storm Wate r
Administrator, certificates of occ upancy may be withheld pending receipt of an operation and maintenance agree ment.
(2) The operation and maintenance agreement shall require the owner or owners to ma intain, repair and, if necessary, reconstruct
the structura l BMP , and shall state the terms, conditions, and schedule of maintenance for the structural BMP . In addition, it shall grant
to the town a right of entry in the event that the Storm Water Administrator has reason to be lieve it has become necessary to inspect,
monitor, mainta in, repair, or reconstruct the structural BMP ; however, in no case shall the right of e ntry, of itself, confer an obligation
on the town to assume responsibility for the structural BMP .
(3) Standard operation and maintenance agre ements for BMP s shall be developed by the Storm Water Administrator and ma de
available in the a dministrative manual. The operation and maintenance agreement must be a pprove d by the Storm Water
Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded by the applicant or owner with
the Meckle nburg County Registe r of Deeds upon final plat approval as described in § 52.040. A copy of the recorded maintenance
agreement shall be given to the Storm Water Administrator within 14 days following its recorda tion.
(B) S p ec ia l req u iremen t f o r h o meowners' a n d oth er a ssocia tio n s. For all structural BMP s required pursua nt to this chapter
and that are to be or are owned and maintained by a homeowners' association, property owners' a ssociation, or similar entity, the
required operation and maintenance agreeme nt shall include the provisions described in the a dministrative manual.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .057 INSPECTION PROGRAM .
(A) Inspections and inspec tion programs by the town may be conducted or established on any reasonable basis, including but not
limited to routine inspections; ra ndom inspections; inspections ba sed 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 BMP s; and
evaluating the condition of BMP s.
(B) If the owner or occupant of any property refuses to permit such inspection, the Storm Water Administrator shall proceed to
obtain an administrative search warrant pursuant to G.S. § 15-27.2 or its succ essor. No person shall obstruct, ha mper or inte rfere with
the Storm Wa ter Administrator while carrying out his or her officia l duties.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .058 PERFORM ANCE SECURITY FOR INSTALLATION AND M AINTENANCE.
The town ma y require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acc eptable
legal arrangement prior to issuance of a permit in accordance with the provisions contained in the administrative manual.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .059 RECORDS OF INSTALLATIO N AND M AINTENANCE ACTIVITIES.
The owner of each structural BMP 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 Storm Water Administrator.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .060 NUISANCE.
The owner of each BMP , whether structural or non-structural, shall maintain it so as not to crea te a nuisance condition.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .061 M AINTENANCE EASEM ENT.
Every structural BMP installed pursuant to this chapter shall be made accessible for adequa te inspection, mainte nance,
reconstruction and repair by a maintenance e asement. The e asement shall be recorded as described in § 52.042 and its terms shall
specify who may make use of the easement and for what purposes.
(Ord. 2007-00367, passed 4-16-07)
VIOLAT IONS AND ENFORCEM ENT
§ 5 2 .075 GENERAL.
(A) Au th o rity to en f orce. The provisions of this chapte r shall be enforc ed by the Storm Water Administrator, his or her designee,
or any authorized agent of the town. Whenever this subchapter refers to the Storm Water Administrator, it includes his or her
designee as we ll as any authorized agent of town.
(B) Viola tio n unla wf u l. Any failure to c omply with an applica ble requirement, prohibition, sta ndard, or limita tion imposed by this
chapter, or the terms or conditions of any permit or other development or redeve lopment approval or authorization granted pursua nt to
this chapter, is unlawful and shall constitute a violation of this c hapter.
(C) Ea ch day a sep a ra te o f f en se. Each day that a violation continues sha ll constitute a separate and distinct violation or offense.
(D) Resp o n sib le p ersons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails
to erect, construct, reconstruct, a lter, repair or maintain any structure, BMP , practice, or condition in violation of this chapter, a s well
as any person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of
this chapter, or fails to take appropriate action, so that a violation of this chapter results or pe rsists; 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 shall be subject to the re medies, penalties, and/or enforcement actions in accordance with this subchapter. For the purposes of
this subchapter, responsible person(s) shall include but not be limite d to:
(1) Person main tain ing co n d ition resultin g in or constitu tin g vio lation. Any person who participates in, assists, directs,
creates, causes, or maintains a condition that c onstitutes a violation of this chapter, or fails to take appropriate action, so that a violation
of this chapter results or persists.
(2) Resp o n sib ility f o r la n d or u se o f land. The owner of the land on which the violation occurs, any tena nt or occupant of the
property, any person who is responsible for storm water controls or practices pursuant to a private agreement or public document, or
any person, who has control over, or responsibility for, the use, de velopment or redevelopment of the property.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .076 INSPECTIONS AND INVESTIGATIONS.
(A) Au th o rity to insp ect. The Storm Water Administrator shall have the authority, upon presentation of prope r credentia ls, to
enter and inspect any land, building, structure, or premises to ensure compliance with this chapter, or rules or orders adopted or issued
pursuant to this chapter, and to determine whether the activity is being conducted in accordance with this chapter and the approved
storm wate r management plan, Design Manual and Administra tive Manual and whether the me asures required in the plan are
effective. No person shall willfully resist, delay, or obstruct the Storm Water Administrator while the Storm Water Administrator is
inspecting or attempting to inspect an activity under this chapte r.
(B) No tice of vio lation a n d order to correc t.
(1) When the Storm Wate r Administrator finds that any building, structure, or land is in violation of this chapter, the Storm Water
Administrator shall notify in writing the responsible person/entity. The notification shall indicate the nature of the violation, contain the
address or othe r description of the site upon whic h the violation occurred or is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. The notice shall, if required, specify a date by which the responsible
person/entity must comply with this chapter, and advise that the responsible person/entity is subjec t to remedies a nd/or penaltie s or that
failure to correct the violation within the time specified will subjec t the responsible person/entity to remedies and/or penalties as
described in § 52.077. In determining the mea sures required and the time for ac hieving compliance , the Storm Water Administrator
shall take into consideration the technology and quantity of work re quired, and shall set reasonable and attainable time limits. The
Storm Water Administrator may deliver the notice of violation and correction order personally, by certified or re gistered mail, return
receipt requested, or by any me ans authorized for the servic e of documents by Rule 4 of the North Carolina Rules of Civil P rocedure.
(2) If a violation is not corrected within a reasonable period of time, as provided in the notific ation, the Storm Water
Administrator may take appropriate action, as provided in § 52.077 to correct a nd abate the viola tion and to ensure compliance with
this chapter.
(C) Extension o f time. A responsible person/entity who re ceives a notice of violation and correction order, or the owner of the
land on whic h the violation occurs, may submit to the Storm Water Administrator a written request for an exte nsion of time for
correction of the violation. On determining that the request inc lude s enough information to show that the violation cannot be corrected
within the specifie d time limit for reasons beyond the control of the responsible person/entity requesting the extension, the Storm Water
Administrator may extend the time limit as is reasonably necessary to allow time ly correction of the violation, up to, but not excee ding
60 days. The Storm Water Administrator may gra nt 30-day extensions in addition to the foregoing extension if the violation c annot be
corrected within the permitte d time due to c ircumstances be yond the control of the responsible person/entity violating this chapter.
The Storm Wate r 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 subje ct to the penalties described in the notice of viola tion
and correction order.
(D) Pen a lties a ssessed co n cu rrent with n o tice of vio lation. P enalties may be assessed conc urrently with a notice of violation
for any of the following in which c ase the notice of violation shall a lso 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 colle ction as a debt.
(1) Failure to submit a storm water mana gement plan.
(2) P erforming activities without an approved storm wate r management plan.
(3) Obstructing, hampering or interfering with an authorized representa tive who is in the process of carrying out official duties.
(4) A repeated violation for which a notice was previously given on the same project and to the same responsible person/entity
responsible for the violation.
(5) Willful violation of this chapter.
(6) Failure to install or maintain best ma nagement prac tices per the approved plan.
(E) Au thority to in vestig a te. The Storm Water Administrator shall have the authority to conduct such investigation as it may
reasonably deem necessary to carry out its duties as prescribed in this chapter, and for this purpose to enter at re asonable times upon
any property, public or private, for the purpose of investigating and inspecting. No person shall refuse entry or acce ss to the Storm
Water Administrator who requests entry for purpose of inspection or investigation, and who presents appropriate credentials, nor shall
any person obstruct, hampe r, or interfere with the Storm Water Administrator while in the process of carrying out official duties. The
Storm Water Administrator shall a lso have the power to require written statements, or the filing of reports under oath as part of a n
investigation.
(F) En f orcemen t a f ter time to co rrect. Afte r the time has expired to correct a violation, including any extension(s) if authorized
by the Storm Water Administrator, the Storm Water Administrator shall determine if the violation is corrected. If the violation is not
corrected, the Storm Water Administrator may act to impose one or more of the remedies and penalties authorized by § 52.077.
(G) Emerg en c y en f orcement. If delay in correcting a violation would seriously threaten the effective enforcement of this chapter
or pose an immediate danger to the public health, safety, or we lfare, then the Storm Water Administrator may order the immediate
cessation of a violation. Any person so ordere d shall cease any violation immediately. The Storm Water Administrator may seek
immediate enforcement, without prior written notic e, through any remedy or penalty specified in § 52.077.
(Ord. 2007-00367, passed 4-16-07)
§ 5 2 .077 REM EDIES AND PENALTIES.
The remedies and penalties provided for violations of this chapter, 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) Remed ies.
(1) Withhold ing o f certif ica te o f o cc u p a n cy. The Storm Water Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or being constructe d on the site and served by the storm
water practices in question until the applicant or other responsible person has take n the reme dial measures set forth in the notice of
violation or ha s otherwise cured the violations described therein.
(2) Disa p p roval of subseq u en t p ermits a n d develo p men t a p p ro vals. As long as a violation of this c hapte r continues and
remains uncorrected, the Storm Water Administrator or other authorized agent may withhold, and the town may disapprove, any
request for pe rmit or development approval or a uthorization provided for by this chapter or the zoning, subdivision, and/or building
regulations, as appropriate for the land on which the violation occurs.
(3) In j unctio n, Abatemen ts, and the lik e. The Storm Water Administra tor, upon authorization by the Board of Commissioners,
may institute an action in a court of competent jurisdiction for a ma ndatory or prohibitory injunction and order of abatement to correct a
violation of this chapter. Any person violating this chapter shall be subject to the full range of equitable remedie s provided in the
general statutes or at common law.
(4) Corre ction a s public h e a lth nuisance, costs a s lien , a n d th e lik e. If the violation is deemed dangerous or prejudicial to
the public he alth or public safety and is within the geographic limits prescribed by G.S. § 160A-193, the Storm Water Administrator,
with the written authorization of the Town Manager, may cause the violation to be corrected and the costs to be assessed as a lie n
against the property.
(5) Restora tio n of a reas a f f ected by f a ilu re to co mp ly. By issuance of an order of re storation, the Storm Water Administrator
may require a person who enga ged in a land development activity and failed to c omply with this chapter to restore the waters and la nd
affected by such failure so as to minimize the detrimental effects of the resulting pollution. This authority is in a ddition to any other
civil penalty or injunctive relief authorized under this chapter.
(B) Civil p en a lties.
(1) Vio la tio n s of chapter. A violation of any of the provisions of this chapter or rules or other orders adopted or issued pursuant
to this chapter may subject the violator to a civil penalty. A c ivil penalty may be assessed from the date the viola tion occurs. No
penalty sha ll be assessed until the person alleged to be in violation has been notified of the violation except as provided in § 52.076(D)
in which case the penalty is assessed concurrently with a notice of violation. Re fusal to accept the notice or failure to notify the Storm
Water Administrator of a change of address shall not relieve the violator's obliga tion to comply with the chapter or to pay suc h a
penalty.
(2) Amount of penalty. The maximum civil penalty for ea ch violation of this chapter is $5,000, provided, however, should the
town be penalize d under its P hase II P ermit beca use of these violations in excess of $5,000, the town may also assess such a dditional
amount to the violator. Each day of continuing violation shall constitute a separate violation. In determining the amount of the civil
penalty, the Storm Water Administrator shall c onsider any relevant mitigating and a ggravating factors including, but not limited to, the
effect, if any, of the violation; the degree and extent of harm cause d by the violation; the cost of rectifying the damage; whether the
violator save d money through noncomplianc e; whe ther the violator took reasonable measures to comply with this chapter; whe ther the
violation was committed willfully; whether the violator reported the violation to the Storm Water Administrator; and the prior record of
the violator in c omplying or failing to comply with this chapter or any other post-construction ordinance or law. The Storm Wa ter
Administrator is authorized to vary the amount of the per diem penalty based on criteria specified in the administrative manua l and
based on relevant mitigating factors. Civil pe nalties collected pursuant to this chapter shall be c redited to the town general fund a s
non-tax reve nue.
(3) Notice of a ssessmen t o f civil p en a lty. The Storm Water Administra tor shall determine the amount of the civil penalty and
shall notify the violator of the amount of the penalty and the reason for assessing the penalty. This notice of assessment of civil
penalty sha ll be served by any means authorized under G.S. § 1A-1, Rule 4 and shall direct the violator to either pay the assessment or
file an appeal within 30 days of receipt of the notic e as spec ified in division (C) below.
(4) Fa ilu re to pay civil penalty a ssessmen t. If a violator does not pay a civil penalty assessed by the Storm Water
Administrator within 30 Days after it is due, or does not request a hearing as provided in division (C) of this section, the Storm Wate r
Administrator shall request the initiation of a civil a ction to recove r the amount of the assessment. The civil action shall be brought in
Mecklenburg County Superior Court or in any other court of competent jurisdic tion. A civil action must be file d within three years of
the date the assessment was due . An assessment that is appealed is due at the conclusion of the administrative and judicial review of
the assessment.
(5) Ap p ea l o f remed y or p enalty. The issuance of an order of restoration and/or notice of assessment of a c ivil penalty by the
Storm Water Administrator shall e ntitle the responsible party or entity to an appea l before the Boa rd of Adjustment if such person
submits writte n demand for an appeal hearing to the town within 30 days of the rec eipt of an order of restoration and/or notic e of
assessment of a civil penalty. The appeal of an order of restoration and/or notice of assessment of a civil penalty shall be conducted
as describe d in § 52.024.
(C) Crimin a l p en a lties. Viola tion of this chapter may be enforced as a misdemeanor subje ct to the maximum fine permissible
under North Carolina law.
(Ord. 2007-00367, passed 4-16-07)
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