13 C Huntersville Post-Construction Ordinance Final

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Huntersville’ Post-Construction Stormwater Ordinance
November 2017

8.17 Water Quality

.1 Purpose. The purpose of this ordinance is to establish storm water management requirements and
controls to prevent surface water quality degradation to the extent practicable in the streams and lakes
within the Town Limits and Extraterritorial Jurisdiction of Huntersville and to protect and safeguard the
general health, safety, and welfare of Huntersville’s residents. This ordinance seeks to meet this purpose
by fulfilling the following objectives:
a) Minimize increases in storm water runoff from development or redevelopment in order to reduce
flooding, siltation and stream bank erosion, and maintain the integrity of stream channels;
b) Minimize increases in non-point source pollution caused by storm water runoff from development or
redevelopment that would otherwise degrade local water quality;
c) Minimize the total volume of surface runoff that flows from developed sites in order to replicate pre-
development hydrology to the maximum extent practicable;
d) Reduce storm water runoff rates and volumes, soil erosion and non-point source pollution, to the
extent practicable, through storm water management controls, improved site design or best
management practices (BMP's) and to ensure that these management controls are properly maintained
and pose no threat to public health or safety; and
e) Meet the requirements of the National Pollution Discharge Elimination System (NPDES) Storm Water
Permit and other requirements as established by the Clean Water Act.
This ordinance and the Huntersville Water Quality Design Manual require the use of Low Impact
Development (LID) BMPs that utilize infiltration, evaporation, retention and detention as well as
biological and physical processes to more closely replicate pre-development hydrology characteristics
and reduce negative water quality impacts.
.2 Applicability. This ordinance shall apply to all of the land located within the Town Limits and
Extraterritorial Jurisdiction of Huntersville. The effective date of this ordinance is June 30, 2007. This
ordinance governs the development and use of all land and structures. No building, structure, or land
shall be used, occupied or altered, and no building, structure, or part thereof shall be erected,
constructed, reconstructed, moved, enlarged, or structurally altered, unless in conformity with all the
provisions of this ordinance and all other applicable regulations, except as otherwise provided by this
ordinance.

.3 Exceptions to Applicability.
a) All properties shall be subject to this ordinance except those properties which, as of the effective date
of June 30, 2007, fit into one of the following categories:
(1) Have been issued a Certificate of Building Code Compliance;
(2) Have a valid building permit;
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(3) Are included on a valid preliminary subdivision plan and/or a valid sketch plan; or
(4) Are included in a complete conditional rezoning application and subdivision sketch plan submitted by
May 1, 2007.
b) Redevelopment of non-single family homes that disturbs less than 20,000 square feet, does not
decrease existing storm water controls, is not part of a larger common plan of development or sale, and
renovation and/or construction costs do not exceed 100% of the tax value of the property.

c) Residential development activity that disturbs less than one acre of land and is not part of a larger
common plan of development or sale, including new development, redevelopment or expansions, is not
subject to the provisions of this ordinance.

d) Non-residential development activity that disturbs less than 1/2 acre of land and is not part of a larger
common plan of development or sale, including new development, redevelopment or expansions, is not
subject to the provisions of this ordinance.
.4 No Development or Redevelopment Until Compliance and Permit. No Development or
redevelopment shall occur except in compliance with the provisions of this ordinance or unless
exempted. No development for which a permit is required pursuant to this ordinance shall occur except
in compliance with the provisions, conditions, and limitations of the permit.

.5 Map. The provisions of this ordinance shall apply within the areas designated on the map titled "Post-
Construction Ordinance Map of the Town of Huntersville, North Carolina" (hereafter referred to as the
"Post-Construction Ordinance Map"), which is adopted simultaneously herewith. The Post-Construction
Ordinance Map and all explanatory matter contained thereon accompanies and is hereby made a part of
this ordinance. The Post-Construction Ordinance Map shall be kept on file by the Storm Water
Administrator or designee (hereinafter referred to as the "Storm Water Administrator") and shall be
updated to take into account changes in the land area covered by this ordinance and the geographic
location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability
of this ordinance to a particular area of land or BMP shall be determined by appeal through the Storm
Water Administrator.

.6 Definitions. For the purposes of this Ordinance, the following words and phrases shall be defined as
specified below:
Administrative Manual. A manual developed by the Storm Water Administrator and distributed to the
public to provide information for the effective administration of this ordinance, including but not limited
to application requirements, submission schedule, fee schedule, operation and maintenance
agreements, criteria for recordation of documents, inspection report forms, requirements for submittal
of bonds, and a copy of this ordinance.

Best Management Practices (BMP's). A structural or nonstructural management based practice used
singularly or in combination to reduce non-point source input to receiving waters in order to achieve
water quality protection goals.

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- Non-structural BMP's. - Non-engineering methods to control the amount of non-point source
pollution. These may include land-use controls and vegetated buffers.

- Structural BMP's. - Engineered structures that are designed to reduce the delivery of pollutants from
their source or to divert contaminants away from a waterbody.

Built-Upon Area (BUA). That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not include
a wooden slatted deck or the water area of a swimming pool. The specific methodology for calculating
BUA is contained in the Charlotte-Mecklenburg BMP Design Manual.

Charlotte-Mecklenburg BMP Design Manual. A document that contains design for BMPs. The
Huntersville Water Quality Design Manual and/or this ordinance indicate the designs from the
Charlotte-Mecklenburg BMP Design Manual that are approved for use in the Town of Huntersville for
compliance with this ordinance. The Charlotte-Mecklenburg BMP Design Manual shall be approved for
use in the Town of Huntersville 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 Phase
II jurisdictions by the Department for the proper implementation of the requirements of the federal
Phase II storm water program. All references herein to the Charlotte-Mecklenburg BMP Design Manual
are to the latest published edition or revision.
Conventional BMPs. Storm water treatment devices that are not LID BMPs as defined below in
"Definitions."

Detain. To store and slowly release storm water runoff following precipitation by means of a surface
depression or tank and an outlet structure. Detention structures are commonly used for pollutant
removal, water storage, and peak flow reduction.
Huntersville Water Quality Design Manual. The document that contains the approved BMP designs and
other information necessary for compliance with this ordinance. The Huntersville Water Quality Design
Manual shall be approved for use in the Town of Huntersville 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 Phase II jurisdictions by the Department for the proper implementation of the
requirements of the federal Phase II storm water program. All references herein to the Huntersville
Water Quality Design Manual are to the latest published edition or revision.

Hydrologic Abstractions. Physical processes of interception of rainfall or overland storm water flow by
vegetation, evaporation from land surfaces and upper soil layers, transpiration by plants, infiltration of
water into soil surfaces, and storage of water in surface depressions.

Low Impact Development (LID) Approach. A technology-based system for managing urban storm water
runoff that combines a hydrologically functional site design with pollution prevention measures to
compensate for land development impacts on hydrology and water quality. To be effective, the LID
approach must be applied to every phase of site planning, design, development, and post-construction
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control for the purpose of mimicking predevelopment site hydrology by storing, infiltrating, evaporating
and detaining storm water runoff. Examples of the LID Approach include reducing impervious surfaces,
managing storm water closer to the source and avoiding large centralized management devices, phased
grading, and vegetated conveyances instead of storm drain piping.
Low Impact Development (LID) BMPs. Decentralized, structural storm water treatment devices that
utilize infiltration, evaporation, retention and detention as well as biological and physical processes to
more closely replicate pre-development hydrology characteristics and reduce negative water quality
impacts. Examples of LID BMPs include bio retention systems, sand filters, and vegetated filter strips.

Mecklenburg County Land Use and Environmental Services Agency. The department or division of
Mecklenburg County government (regardless of the title given to it by Mecklenburg County) which has
responsibility for storm water and water quality matters, acting as the agent of the Town of Huntersville
for various purposes in connection with the enforcement of this ordinance.

National Pollution Discharge Elimination System (NPDES) Permit. A permit issued pursuant to the federal
Clean Water Act for the purpose of controlling discharges of pollutants to surface waters and protecting
water quality. In North Carolina, NPDES Permits are issued by the N.C. Department of Environment and
Natural Resources.

Non-Point Source (NPS) Pollution. Forms of pollution caused by sediment, nutrients, organic and toxic
substances originating from land use activities and carried to lakes and streams by surface runoff.

Retain. To capture and hold storm water runoff following precipitation by means of surface depression
allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts
downstream. Retention structures are commonly used for pollutant removal, water storage, and peak
flow reduction.

Storm Water Administrator. The Mecklenburg County Water Quality Program Manager that has been
designated by the Town of Huntersville Board of Commissioners to administer and enforce this
ordinance.

Storm Water Management Permit. A permit required for all development and redevelopment unless
exempt pursuant to this ordinance, which demonstrates compliance with this ordinance.

Total Suspended Solids (TSS). Total suspended matter in water, which is commonly expressed as a
concentration in terms of milligrams per liter (mg/l) or parts per million (ppm).
7. Interpretation.
a) Meaning and Intent
All provisions, terms, phrases and expressions contained in this ordinance shall be construed according
to the general and specific purposes set forth in Section 8.17.1, Purpose. If a different or more specific
meaning is given for a term defined elsewhere in the Town of Huntersville ordinances, the meaning and
application of the term in this ordinance shall control for purposes of application of this ordinance.
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b). Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption,
figure, illustration, table or map, the text shall control.
c) Authority for Interpretation
The Storm Water Administrator has authority to interpret this ordinance. Any person may request an
interpretation by submitting a written request to the Storm Water Administrator who shall respond in
writing within 30 days. The Storm Water Administrator who shall keep on file a record of all written
interpretations of this ordinance.
d) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the
Design and Administrative Manuals), or document, it shall be construed as a reference to the most
recent edition of such that has been finalized and published with due provision for notice and comment,
unless otherwise specifically stated.
e) Computation 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 of Huntersville, the deadline is required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the Town of Huntersville. References to days are working days unless
otherwise stated.
f) Delegation of Authority
Any act authorized by this ordinance to be carried out by the Storm Water Administrator or the Town of
Huntersville may be carried out by his or her designee.
g) Usage
(1) Mandatory and Discretionary 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) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word
"and" indicates that all connected items, conditions, provisions or events apply. The word "or" indicates
that one or more of the connected items, conditions, provisions or events apply.

(3) Tense, Plurals, and Gender
Words used in the present 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 context of the
particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine
gender, and vice versa.
h) Measurement and Computation
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Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
.8 Huntersville Water Quality Design Manual.
a. Reference to the Huntersville Water Quality Design Manual. The Storm Water Administrator shall use
the policy, criteria, and information, including technical specifications and standards, in the Huntersville
Water Quality Design Manual as the basis for decisions about Storm Water Management Permits and
about the design, implementation and performance of structural and non-structural storm water
BMPs. The Huntersville Water Quality Design Manual includes acceptable BMPs for compliance with
ordinance requirements, including the specific design criteria for each BMP. BMPs that are designed
and constructed in accordance with these criteria will be presumed to meet the minimum water quality
performance standards of this ordinance and the federal Phase II Storm Water Rules. Failure to
construct BMPs in accordance with these criteria may subject the violator to a civil penalty as described
in this ordinance.
b. Relationship of the Huntersville Water Quality Design Manual to Other Laws and Regulations. If the
specifications or guidelines of the Huntersville Water Quality 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 Huntersville Water Quality Design Manual.
c. Changes to Standards and Specifications. Standards, specifications, guidelines, policies, criteria, or
other information in the Huntersville Water Quality Design Manual in affect at the time of acceptance of
a complete application shall control and shall be utilized in reviewing the application and in
implementing this ordinance with regard to the application.
d. Amendments to the Huntersville Water Quality Design Manual. Subject to Huntersville Planning
Director approval, the Huntersville Water Quality 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. Prior to amending or updating the
Huntersville Water Quality Design Manual, proposed changes shall be generally publicized and made
available for review, and an opportunity for comment by interested persons shall be provided.
.9 Relationships to Other Laws, Regulations and Private Agreements
a) Conflict of Laws. This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law, and where any provision
of this ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare, shall control.
b) Private Agreements. This ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this ordinance are more restrictive or
impose higher standards or requirements than such easement, covenant, or other private agreement,
then the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal
any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure
to comply with this ordinance. In no case shall the Town of Huntersville be obligated to enforce the
provisions of any easements, covenants, or agreements between private parties.
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.10 Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect
or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
.11 Effective Date and Transitional Provisions
a) Effective Date. This ordinance shall take effect on June 30, 2007.
b) Violations Continue. Any violation of the provisions of this ordinance existing as of the effective date
of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and
enforcement unless the use, development, constructions, or other activity complies with the provisions
of this ordinance.
.12 Performance Criteria. All development and redevelopment to which this ordinance applies shall
comply with all the Performance Criteria of this section unless mitigation requirements are satisfied as
described in Section 8.17.15 of this ordinance. The Huntersville Water Quality Design Manual contain a
list of BMPs approved for meeting these criteria. The specific design criteria for these BMPs are
contained in the Huntersville Water Quality Design Manual as well as other State and/or local design
manuals as specifically referenced in Huntersville Water Quality Design Manual.
a) Performance Criteria for Low Density Projects. Any project is considered low density when said
project has less than or equal to 12% built upon area as determined by the methodology established in
the Charlotte-Mecklenburg BMP Design Manual. Such low density projects shall comply with each of
the following standards.
(1) Vegetated Conveyances. Storm water runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable.
(2) Built-Upon Area Setbacks. All built-upon area for development and redevelopment subject to the
requirements of this ordinance shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. This built-upon area setback can be located within the water quality buffer
area. Surface water shall be deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources Conservation Service of the
United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to
this requirement shall be granted if one or more of the following is satisfied and documented:
(a) Based on an on-site determination by the Storm Water Administrator, surface waters are not present
on the site. When a landowner or other affected party believes that the maps have inaccurately
depicted surface waters, he or she shall consult the Storm Water Administrator. Upon request, the
Storm Water Administrator shall make on-site determinations. Surface waters that appear on the maps
shall not be subject to this ordinance if this on-site determination shows that they fall into one of the
following categories:
- Ditches and manmade conveyances other than modified natural streams unless constructed for
navigation or boat access.
- Manmade ponds and lakes located outside natural drainage ways.
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- Ephemeral (storm water) streams.
(b) Based on a Variance issued pursuant to Section 11.3 of this ordinance, unnecessary hardships would
result from the strict application of this requirement.
(c) Based on a determination by the Storm Water Administrator, a lack of practical alternatives exists for
accomplishing the basic purpose of the project in a manner that would avoid or result in less adverse
impact to surface waters considering the potential for a reduction in size, configuration, or density and
all alternative designs.
(3) Stream Buffers. The S.W.I.M Stream Buffer requirements as described in Section 8.25 of this
ordinance shall apply to low density projects.
b) Performance Criteria for High Density Projects. Any project is considered high density when said
project has greater than 12% built upon area as determined by the methodology established in the
Charlotte-Mecklenburg BMP Design Manual. Such high density projects shall comply with each of the
following standards:
(1) Built-Upon Area Setbacks. All built-upon area for development and redevelopment subject to the
requirements of this ordinance shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. This built-upon area setback can be located within the water quality buffer
area. Surface water shall be deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources Conservation Service of the
United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to
this requirement shall be granted if one or more of the following is satisfied and documented:
(a) Based on an on-site determination by the Storm Water Administrator, surface waters are not present
on the site. When a landowner or other affected party believes that the maps have inaccurately
depicted surface waters, he or she shall consult the Storm Water Administrator. Upon request, the
Storm Water Administrator shall make on-site determinations. Surface waters that appear on the maps
shall not be subject to this ordinance if this on-site determination shows that they fall into one of the
following categories:
- Ditches and manmade conveyances other than modified natural streams unless constructed for
navigation or boat access.
- Manmade ponds and lakes located outside natural drainage ways.
- Ephemeral (storm water) streams
(b) Based on a Variance issued pursuant to Section 11.3 of this ordinance, unnecessary hardships would
result from the strict application of this requirement.
(c) Based on a determination by the Storm Water Administrator, a lack of practical alternatives exists for
accomplishing the basic propose of the project in a manner that would avoid or result in less adverse
impact to surface waters considering the potential for a reduction in size, configuration, or density and
all alternative designs.
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(2) Stream Buffers. The S.W.I.M. Stream Buffer requirements as described in Section 8.25 of this
ordinance shall apply to high density projects.
(3) Storm Water Quality Treatment Volume. Storm water quality treatment systems shall treat the
runoff generated from the first inch of rainfall.
(4) Storm Water Quality Treatment Standard. All BMPs used to meet these Performance Criteria shall
be designed to achieve an average annual 85% Total Suspended Solids (TSS) removal for the developed
area of the site. LID BMPs or a combination of LID and Conventional BMPs as described in the
Huntersville Water Quality Design Manual shall be used to meet these water quality Performance
Criteria. If a combination of LID and Conventional BMPs is used, then at a minimum the first 50% of the
runoff from the one (1) inch storm event must be treated using LID BMPs. The remaining percentage
shall be treated using Conventional BMPs capable of achieving the above described pollutant removal
efficiency. No one bio retention BMP shall exceed 5,000 square feet of soil media surface area.
(5) Storm Water Treatment System Design. General engineering design criteria for all projects shall be
in accordance with 15A NCAC 2H .1008(c), as explained in the Huntersville Water Quality Design
Manual.
(6) Storm Water Volume Control. LID BMPs or a combination of LID and Conventional BMPs shall be
used to control and treat the increase in storm water runoff volume associated with post-construction
conditions as compared with pre-construction (existing) conditions for the 2-year frequency, 24-hour
duration storm event in the Rural and Transitional Zoning Districts. For all other Zoning Districts, LID
BMPs or a combination of LID and Conventional BMPs shall be used to control and treat the increase in
storm water runoff volume associated with post-construction conditions as compared with pre-
construction (existing) conditions for the 1-year frequency, 24-hour duration storm event. Where any
storm water BMP employs the use of a temporary water quality storage pool as a part of its treatment
system, the drawdown time shall be a minimum of 48 hours and a maximum of 120 hours.
(7) Storm Water Volume Peak Control. The peak storm water runoff release rates leaving the site during
post-construction conditions shall be equal to or less than the pre-development peak storm water
runoff release rates for the 2-year frequency, 24-hour duration storm event and 10-year frequency, 24-
hour duration storm event. The emergency overflow and outlet works for any pond or wetland
constructed as storm water BMP shall be capable of safely passing a discharge with a minimum
recurrence frequency of 50 years. For detention basins, the temporary storage capacity shall be
restored within 72 hours. Requirements of the Dam Safety Act shall be met when applicable.
.13 Low Impact Development (LID) Approach. The Low Impact Development (LID) Approach is a
technology-based system for managing urban storm water runoff that combines a hydrological
functional site design with pollution prevention measures to compensate for land development impacts
on hydrology and water quality. To be effective, the LID Approach must be applied to every phase of
site planning, design, development and post-construction control for the purpose of mimicking
predevelopment site hydrology by storing, infiltrating, evaporating and detaining storm water
runoff. Examples of the LID Approach include reducing impervious surfaces, managing storm water
closer to the source and avoiding large centralized management devices, phased grading, and vegetated
conveyances instead of storm drain piping. The principal goal of the LID Approach is to ensure
maximum protection of the ecological integrity of the receiving waters by maintaining the watershed’s
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hydrologic regime. In contrast, the conventional approach to storm water management seeks to alter
the watershed’s hydrologic regime by conveying runoff into a piping system and centralized storm water
management devices to quickly and efficiently remove storm water from the development site. Most
development practices follow this conventional approach to storm water management. The use of the
LID Approach is not required by this ordinance but is strongly encouraged. One of the post-construction
components of the LID Approach is the LID BMP, which is a single structural device that utilizes the LID
principles of infiltration, evaporation, retention and detention as well as biological and physical
processes to treat storm water runoff. The use of LID BMPs is required by this ordinance unless
mitigation practices are approved and implemented. The purpose of this Section of the ordinance is to
encourage the use of the LID Approach along with LID BMPs, which is most effective and efficient
combination for managing storm water runoff and facilitating compliance with the Purpose of this
ordinance as described in Section 8.17.1. The LID Approach and LID BMPs are further defined and
explained in the Huntersville Water Quality Design Manual.
.14 Standards for Storm Water Control Measures.
a) Evaluation According to Contents of Huntersville Water Quality Design Manual. All storm water BMPs
required under this ordinance shall be evaluated by the Storm Water Administrator according to the
policies, criteria, and information, including technical specifications, standards and the specific design
criteria for each BMP contained in the Huntersville Water Quality Design Manual. The Storm Water
Administrator shall determine whether these measures will be adequate to meet the requirements of
this ordinance.
b) Determination of Adequacy. BMPs that are designed, constructed, and maintained in accordance with
the criteria and specifications in the Huntersville Water Quality Design Manual will be presumed to meet
the minimum water quality and quantity performance standards of this ordinance. Whenever an
applicant proposes to utilize a practice or practices not designed and constructed in accordance with the
criteria and specifications in the Huntersville Water Quality 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 ordinance before it can be approved for use. The Storm Water
Administrator may require the applicant to provide such documentation, calculations, and examples as
necessary for the Storm Water Administrator to determine whether such an affirmative showing is
made.
c) Submittal of Digital Records. Upon submittal of as-built surveys, the location of storm drainage pipes,
inlets and outlets as well as the location of all structural BMPs must be delivered to the Storm Water
Administrator in the digital format specified in the Administrative Manual.
.15 LID Mitigation Options
a) General Description:
(1) Mitigation Allowed. Developments with greater than or equal to 50% built-upon area based on lot
size shall be allowed to forgo the use of LID BMPs on the development site for compliance with this
ordinance provided:
(a) A mitigation option is approved and successfully implemented for the development;
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(b) Conventional BMPs are designed, constructed, and maintained on the development site to achieve
an average annual 85% Total Suspended Solids (TSS) removal for the developed area of the site in
accordance with the criteria and specifications in the Huntersville Water Quality Design Manual; and
(c) The development site achieves full compliance with the Performance Criteria contained in Section
8.17.12(b) 1, 2, 3, 5, 6, and 7 of this ordinance.
(2) LID Mitigation Options. There are two (2) LID mitigation options available to developments greater
than or equal to 50% built-upon area, including off-site and buy-down mitigation. Both off-site and buy-
down mitigation shall result in the construction of retrofit projects in the same river basin in the Town of
Huntersville (Catawba or Yadkin) as the development site.
b) Criteria for Off-Site Mitigation Option
(1) Off-Site LID BMP Construction. The owner or designee of the development site shall satisfy the off-
site mitigation option by constructing a BMP retrofit project off-site and in the same river basin in the
Town of Huntersville (Catawba or Yadkin) as the development site. The project shall be designed and
constructed to achieve a net mass removal of pollutants greater than or equal to the pollutant load
associated with the difference between the pollutant removal efficiencies for LID versus Conventional
BMPs at the development site treating runoff from the first one (1) inch of rainfall. The Huntersville
Water Quality Design Manual shall contain the criteria for satisfying this requirement.
(2) Off-Site Mitigation Application. The Storm Water Administrator shall receive, review, approve,
disapprove or approve with conditions an “Application for Off-Site Mitigation.” The Storm Water
Administrator shall design this application to include all pertinent information. This application shall be
submitted with the Concept Plan Application. The Huntersville Water Quality Design Manual shall
contain information regarding the proper completion and submittal of this application.
(3) Criteria for Approval of Off-Site Mitigation. The criteria for approval of off-site mitigation by the
Storm Water Administrator are as follows:
(a) BMP(s) shall be designed, constructed, and maintained in accordance with the criteria and
specifications in the Huntersville Water Quality Design Manual.
(b) BMP(s) shall be sized for the corresponding watershed area according to the approved design
standards in the Huntersville Water Quality Design Manual.
(c) BMP(s) shall be inspected by the Storm Water Administrator and found to be in compliance with all
approved plans and specifications prior to the release of occupancy permits for the development site.
(d) All off-site mitigation BMPs shall be subject to the maintenance requirements as well as installation
and maintenance performance securities specified in this ordinance and the Administrative Manual.
c) Criteria for Buy-Down Mitigation Option
(1) Payment of Mitigation Fee. Buy-Down mitigation shall be satisfied by payment to the Town of
Huntersville of a fee established by the Storm Water Administrator to cover the cost for installation by
the Town or its designee of a mitigation project in the same river basin (Catawba or Yadkin) as the
development site. The project shall be designed and constructed to achieve a net mass removal of
pollutants greater than or equal to the pollutant load associated with the difference between the
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pollutant removal efficiencies for LID versus Conventional BMPs at the development site treating runoff
from the first one (1) inch of rainfall. The Huntersville Water Quality Design Manual shall contain the
criteria for satisfying these requirements.
(2) Buy-Down Mitigation Application. The Storm Water Administrator shall receive, review, approve,
disapprove or approve with conditions an “Application for Buy-Down Mitigation.” The Storm Water
Administrator shall design this application to include all pertinent information. This application shall be
submitted with the Concept Plan Application. The Huntersville Water Quality Design Manual shall
contain information regarding the proper completion and submittal of this application.
(3) Criteria for Approval of Buy-Down Mitigation. The criteria for approval of buy-down mitigation by the
Storm Water Administrator are as follows
(a) The buy-down option shall not be approved by the Storm Water Administrator unless projects
and/or properties are available for mitigation at the time the “Application for Buy-Down Mitigation” is
received.
(b) There is no time constraint for the Town of Huntersville to spend mitigation money; however, the
Town of Huntersville shall strive to spend buy-down monies in a timely and efficient manner such that a
net improvement in water quality results.
(c) All projects constructed by the Town of Huntersville as part of this mitigation option shall be
maintained by the Town of Huntersville or its designee into perpetuity.
d) Mitigation for Development and Redevelopment on Lots Less Than One Acre. Development and
redevelopment on a lot less than one (1) acre in size are allowed by right to forego meeting the
requirements of this article, provided the following criteria are met:
(1) The lot has been described by metes and bounds in a recorded deed or shown on a recorded plat
prior to July 1, 2007;
(2) Development and redevelopment on the lot are not part of a larger common plan of development or
sale, even through multiple, separate or distinct activities take place at different times on different
schedules;
(3) Stream Buffer requirements are fulfilled as described in Section 8.25 of this ordinance; and
(4) Mitigation is provided by fulfilling at least one (1) of the three (3) criteria described in Subsection f)
below.
e) Mitigation for Redevelopment in the Town Center Zoning District. Redevelopment projects in the
Town Center Zoning District for the Town of Huntersville are allowed by right to forego meeting the
requirements of this article, provided the following criteria are met:
(1) Stream Buffer requirements are fulfilled as described in Section 8.25 of this ordinance;
(2) Mitigation is provided by fulfilling at least one (1) of the three (3) criteria described in Subsection f)
below; and
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(3) If there is no net increase in existing built-upon area, including built-upon area that is removed as
part of the redevelopment, and there is no decrease in existing storm water controls, then there is no
limit on the amount of disturbed area, or
(4) If there is a net increase in existing built-upon area, including built-upon area that is removed as a
part of the development, or there is a decrease in existing storm water controls, then the amount of
total disturbed area on the site must be less than one (1) acre.
f) Criteria for Development and Redevelopment Mitigation. One (1) of the following three (3) criteria
must be fulfilled to satisfy the mitigation requirement for development and redevelopment projects
described in Subsection d) and e) above:
(1) Storm Water Quality Treatment requirements are met on site as described in Section 8.17.12(b)(3),
(4) and (5) of this ordinance with LID or Conventional BMPs allowed;
(2) Storm Water Volume and Peak Control requirements are met on site as described in Section
8.17.12(b)(6) and (7) of this ordinance; or
(3) The Town is paid a mitigation fee prorated at $60,000 per acre for all projects except single-family
residential that will be prorated at $45,000 per acre for the untreated post-project built-upon area. This
fee shall be used to cover the cost for installation by the Town of its designee of a mitigation project(s)
capable of achieving a net mass removal of pollutants greater than or equal to the pollutant removal
that would have been achieved by BMPs installed at the development site in full compliance with
ordinance requirements. The mitigation project(s), as determined by the Town, must be located in the
same named lake or stream watershed that is receiving storm water discharge from the development
site including Lake Norman, Mountain Island Lake, McDowell Creek, Gar Greek, Ramah Creek, and Clarke
Creek. An exception to the location of the mitigation project can be made if the Storm Water
Administrator determines there are no viable mitigation projects in that watershed provided mitigation
is done in the Town of Huntersville zoning jurisdiction.

.16 Administration and Procedures.
a) Storm Water Administrator
(1) Designation. The Mecklenburg County Water Quality Program Manager has been designated as the
Storm Water Administrator by the Town of Huntersville for the purpose of administering and enforcing
this ordinance. Any act authorized by this ordinance to be carried out by the Storm Water Administrator
of the Town of Huntersville may be carried out by his or her designee
(2) Powers and Duties. In addition to the powers and duties that may be conferred by other provisions
of other laws, the Storm Water Administrator shall have the following powers and duties under this
ordinance.
(a) To review and approve or disapprove applications submitted pursuant to this ordinance.
(b) To make determinations and render interpretations of this ordinance.
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(c) To establish application requirements and schedules for submittal and review of applications and
appeals.
(d) To enforce this ordinance in accordance with its enforcement provisions.
(e) To maintain records, maps, and official materials as relate to the adoption, amendment,
enforcement, or administration of this ordinance.
(f) To provide expertise and technical assistance upon request to the Huntersville Town Board.
(g) To designate appropriate other person(s) who shall carry out the powers and duties of the Storm
Water Administrator.
(h) To provide information and recommendations relative to variances and information as requested by
the Town of Huntersville in response to appeals.
(i) To take any other action necessary to administer the provisions of this ordinance.
b) Administrative Manual. For applications required under this ordinance, the Storm Water
Administrator shall compile into an Administrative Manual the application requirements, submittal
checklist, submission schedule, fee schedule, operation and maintenance agreements, a copy of this
ordinance, and other information and materials necessary for the effective administration of this
ordinance. This Administrative Manual shall be made available to the public.
c) Review Procedures
(1) Permit Required. A Storm Water Management Permit is required for all development and
redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a
properly submitted, reviewed and approved permit application, pursuant to this Section. The content
and form of the permit shall be established by the Storm Water Administrator.
(2) Effect of Permit. A Storm Water Management Permit shall govern the design, installation, and
construction of storm water management and control practices on the site, including structural BMPs
and elements of site design for storm water management other than structural BMPs. 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 development or redevelopment site consistent
with the requirements of this ordinance. Compliance after project construction is assured by the
maintenance provision of this ordinance.
(3) Authority to File Applications. All applications required pursuant to this ordinance shall 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 contract with the owner.
(4) Establishment of Application Requirements, Schedules, and Fees
(a) The Storm Water Administrator shall establish requirements for the content and form of all
applications and shall amend and update those requirements from time to time. Two (2) applications
are required for submittal, including the Concept Plan Application and Storm Water Management
Permit Application.
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(b) The Storm Water Administrator shall establish a submission schedule for 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.
(c) The Town of Huntersville 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.
(5) Consultations. An applicant may request consultation(s) on a Concept Plan Application for the post-
construction storm water management system to be utilized in the proposed development project. This
consultation meeting(s) should take place at the time of the preliminary plan of the subdivision or other
early step in the development process. The purpose of this meeting(s) is to discuss the post-
construction storm water 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.
(6) Submittal Applications
(a) A Concept Plan. Application shall be submitted to the Storm Water Administrator for review prior to
the submittal of the Storm Water Management Permit Application. This Concept Plan Application shall
include the information necessary to evaluate the proposed development site for compliance with
Performance Criteria as detailed in the Huntersville Water Quality Design Manual.
(b) A Storm Water Management Permit Application shall be submitted to the Storm Water
Administrator for review following the approval of the Concept Plan Application. This Storm Water
Management 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 ordinance. The
application shall also include the design of all storm water facilities and practices, supporting
computations, drawings, soil analyses, calculations for each BMP, site hydrology calculations, and other
information sufficient to describe the manner, location, and type of measures for managing storm water
from the development in compliance with this ordinance. All design plans submitted with the
application shall be prepared by a registered North Carolina professional engineer or landscape
architect. 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 Huntersville Water Quality Design Manual, and that
the designs and plans ensure compliance with this ordinance. The submittal shall include all of the
information required in the submittal checklist established by the Storm Water
Administrator. Incomplete submittals shall be treated pursuant to Section 8.17.16(c) (7).
(7) Submittal of Complete Application. Applications shall be submitted to the Storm Water Administrator
pursuant to the application submittal schedule in the form established by the Storm Water
Administrator, along with the appropriate fee established pursuant to this Section. An application shall
be considered as timely submitted only when it contains all elements of a complete application pursuant
to this ordinance, along 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 shall be provided
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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.
(8) Application Review. Within 20 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 ordinance
(a) If the Storm Water Administrator finds that the application complies with the standards of this
ordinance, the Storm Water Administrator shall approve the application and issue a Storm Water
Management Permit to the applicant. The Storm Water Administrator may impose conditions of
approval as needed to ensure compliance with this ordinance. The conditions shall be included in the
permit as part of the approval.
(b) If the Storm Water Administrator finds that the application fails to comply with the standards of this
ordinance, the Storm Water 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.
(c) 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. If a
revised application is not re-submitted within sixty (60) calendar days from the date the applicant was
notified, the application shall be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the appropriate fee.
.17 As-Built Surveys and Final Approval. The applicant shall certify that the completed project is in
accordance with the approved plans and designs, and shall submit actual “as-built” surveys for all storm
water management facilities or practices after final construction is completed. Failure to provide
approved as-built surveys within the time frame specified by the Storm Water Administrator may result
in assessment of penalties. At the discretion of the Storm Water Administrator, performance securities
or bonds may be required for storm water management facilities or practices until as-built surveys are
approved.
As-built surveys shall show the final design specifications for all storm water 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 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 plans and designs and with the requirements of this ordinance. The exact boundary of all
storm water management measures shall be shown on final plats prepared by a registered
surveyor. Further, final plats shall contain the following statement: "This lot contains a storm water
management structure that must be maintained in accordance with the recorded Maintenance
Covenant as specified in the Huntersville Zoning Ordinance.”
Final as-built surveys and a final inspection and approval by the Storm Water Administrator are required
before a project is determined to be in compliance with this ordinance and before performance
securities shall be released. At the discretion of the Storm Water Administrator, certificates of
occupancy may be withheld pending receipt of as-built surveys and the completion of a final inspection
and approval of a project.

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Upon submittal of as-built surveys, the location of storm drainage pipes, inlets and outlets as well as the
location of all BMPs must be delivered to the Storm Water Administrator in the digital format specified
in the Administrative Manual.

.18 Approvals
a) Effect of Approval. 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 applicable approvals from local, state, and federal authorities
(1) Time Limit/Expiration
A Storm Water Management Permit and accompanying plan approved under the provisions of this
ordinance shall remain valid for a period of three (3) years from the date of approval. If no work on the
site in furtherance of the plan has commenced within the three-year period, the permit and plan
approval 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 commenced that involves any utility installations or street
improvements except grading, the permit and plan shall remain valid and in force and the project may
be completed in accordance with the approved plan
.19 Incentives.
a) Purpose. The purpose of this Section is to set forth incentives to offset restrictions that LID may have
on the development of certain sites.
b) Setbacks. In order to accommodate water quality BMPs, required setbacks, side yards and rear yards
in the Rural and Transitional Zoning Districts may be reduced up to 25%. The reductions may not
compromise public safety such as the site distance triangles as defined by this Zoning Ordinance. It also
must not compromise buffer widths or the 30-foot setback described in Section 8.17.12 of this
ordinance.
c) Sidewalks. To reduce impervious cover and promote LID, sidewalks on one side of the street may be
waived in the Rural Zoning District.
d) Required Plant Reduction and Substitution. In order to accommodate water quality BMPs, the
number of planted trees may be reduced in buffer yards by 10%, 50% of the required trees may be 1.5
inches in caliper, and all shrubs may be 24 inches in height.
e) Encroachments. Water quality BMPs may encroach into a required buffer yard as long as the
encroachment does not disturb existing vegetation. Minor understory may be disturbed in order to
accommodate water quality structures. Trees and shrubs shall be placed to maximize screening where
the encroachment takes place. If the encroachment runs parallel to the buffer, the width of the buffer
shall be increased by the amount of the encroachment
.20 Appeals and Variances. An appeal to reverse or modify the order, decision, determination, or
interpretation of the Storm Water Administrator or any other designated administrative officer as well
as a request for variance from any of the requirements contained in this ordinance shall comply with the
procedures and standards of Section 11.3 of this ordinance.
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.21 Posting of Financial Security. Approval of a Storm Water Management Permit Application shall be
subject to the owner filing a surety bond or letter of credit or making other financial arrangements in
favor of Mecklenburg County as agent for the Town of Huntersville acceptable to the Mecklenburg
County Land Use and Environmental Services Agency guaranteeing the installation and maintenance of
required BMPs until the issuance of certificates of occupancy for seventy-five percent (75%) of all
construction which might reasonably be anticipated to be built within the area which drains into the
BMP, allowing credit for improvements completed prior to the submission of the final plat. At such time
that this level of occupancy is achieved, written notice thereof shall be submitted by the owner to the
Mecklenburg County Land Use and Environmental Services Agency. The owner shall verify the adequacy
of the Maintenance Covenant for the BMPs including the necessary financing to support the proposed
maintenance practices. The owner shall also provide professional engineer certification that the BMP is
designed and constructed in accordance with approved plans and specifications. The Mecklenburg
County Land Use and Environmental Services Agency will inspect the structural BMP and verify the
effectiveness of the Maintenance Covenant and, if both are found to be satisfactory, the Mecklenburg
County Land Use and Environmental Services Agency will notify the owner in writing within 30 days of
the date of notice regarding approval of the BMP. Following the issuance of this written approval, the
owner can request the release of the surety bond, letter of credit or other financial arrangements at
which time the maintenance responsibilities for the BMPs shall revert to the Homeowners Association,
property owner or other party responsible for long term maintenance as specified in the Maintenance
Covenant. It shall be expressly stated within the restrictive covenants or Property Owners Association
documents that it will be the responsibility of the owner or assigns to maintain BMPs until such time as
maintenance responsibilities have been transferred to the Homeowners Association Board of Directors,
property owner or other party responsible for long term maintenance of the BMPs. It shall be the sole
responsibility of the owner or assigns to correct any deficiencies prior to said transfer of maintenance
responsibilities
.22 Maintenance. The owner of each BMP installed pursuant to this ordinance shall maintain and
operate it so as to preserve and continue its function for controlling storm water quality and quantity at
the degree or amount of function for which the BMP was designed. BMPs shall not be constructed on
public land, within public rights-of-way, and/or within public easements without written approval from
the public body with ownership/jurisdiction of the subject property. The following requirements shall
be met for all BMPs that have been constructed on privately-owned property and not within a public
easement.
a) Operation and Maintenance Agreement. Prior to the issuance of an Occupancy Permit for any
building within a permitted development served by a BMP, the applicant or owner of the BMP shall
establish a formal Operation and Maintenance Agreement approved by the Storm Water Administrator
and recorded in the Office of the Register of Deeds in which the owner acknowledges the duty of the
owner and all subsequent owners of the property to maintain the BMP in accordance with the terms of
the Agreement, including repairing and, if necessary, reconstruction of the BMP. Until the transference
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 Operation and Maintenance Agreement. A
maintenance plan shall be included as part of the Agreement that shall state the terms, conditions, and
schedule of maintenance for the structural BMP as well as describe the mechanism for funding
maintenance and repairs. The Operation and Maintenance Agreement shall also specify the Property
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Owners Association or other party responsible for maintenance of the BMP. A Property Owners
Association or similar legal entity shall have the power to compel contributions from residents of a
development to cover their proportionate shares of the costs associated with BMP maintenance. At the
discretion of the Storm Water Administrator, certificates of occupancy may be withheld pending receipt
of an Operation and Maintenance Agreement.
Standard Operation and Maintenance Agreements for BMPs shall be developed by the Storm Water
Administrator and made available in the Administrative Manual. The Operation and Maintenance
Agreement must be approved 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 Mecklenburg
County Register of Deeds upon final plat approval. A copy of the recorded Operation and Maintenance
Agreement shall be given to the Storm Water Administrator within fourteen (14) days following its
recordation.
b) Inspection and Maintenance Requirements. All BMPs installed pursuant to the requirements of this
ordinance shall be inspected by a qualified professional as designated by the Storm Water Administrator
at a minimum of annually within 45 days prior to the anniversary date of the approval of the as-built
survey. The purpose of these inspections is to identify maintenance and repair needs and to ensure
compliance with the requirements of this ordinance. The person responsible for BMP maintenance shall
submit to the Storm Water Administrator a completed inspection report. All inspection reports shall be
on forms supplied by the Storm Water Administrator and contained in the Administrative Manual. Any
identified maintenance and/or repair needs shall be addressed in a timely manner. The inspection and
maintenance requirement may be increased as deemed necessary by the Storm Water Administrator to
ensure proper functioning of the BMP and compliance with this ordinance
c) Records of Installation and Maintenance Activities. Parties responsible for the inspection, operation,
and maintenance of a BMP shall make records of the installation of all the maintenance and repairs and
shall retain the records for at least five (5) years. Those records shall be made available to the Storm
Water Administrator upon request and/or as specifically outlined in the Maintenance Covenant
d) Failure to Maintain Practices. It is unlawful for a property owner to fail to meet the requirements of
the Operation and Maintenance Agreement. Any person or association that fails to meet the
requirements of the Operation and Maintenance Agreement shall be subject to a civil penalty as
described in Section 8.17.25.
e) Maintenance Easement. Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate inspection, maintenance, reconstruction and repair by a maintenance
easement. The easement shall be recorded with the Mecklenburg County Register of Deeds Office and
its terms shall specify who may make use of the easement and for what purposes.
.23 Deed Recordation and Indications 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
deed restrictions or protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans. Stream buffers as described in Section
8.25, including the delineation of each buffer zone, must be specified on all surveys and record
plats. The Operations and Maintenance Agreement pertaining to every structural BMP shall be
referenced on the final plat and shall be recorded with the Mecklenburg County Register of Deeds Office
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upon final plat approval. If no subdivision plat is recorded for the site, then the Operation and
Maintenance Agreement shall be recorded 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 recorded Operation and Maintenance Agreement shall be provided to the
Storm Water Administrator within fourteen (14) days following receipt of the recorded document. A
maintenance easement shall be recorded for every structural BMP to allow sufficient access for
adequate maintenance. The specific recordation and deed restriction requirements as well as notes to
be displayed on final plats and deeds shall be contained in the Administrative Manual
.24 Inspections of BMPs.
a) Inspections. As described in Section 8.17.22(b), the owner of a BMP shall inspect said BMP at a
minimum of annually within 45 days prior to the anniversary date of the approval of the as-built
survey. Additional inspections may be conducted by the Storm Water Administrator on any reasonable
basis, including but not limited to: routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; inspections of drainage basins or areas identified as
higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses
or industries of a type associated with higher than usual dischargers of contaminants or pollutants or
with discharges of a type which are more likely than the typical discharge to cause violations of State or
Federal water quality standards or the NPDES Storm Water Permit; and joint inspections with other
agencies inspecting under environmental and 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; evaluating the condition of BMPs and other storm water management
practices
b) Right-of-Entry for Inspection. When any new BMP is installed on private property, the property owner
shall grant to the Storm Water Administrator the right to enter the property at reasonable times and in
a reasonable manner for the purpose of inspection. This includes the right to enter a property when the
Storm Water Administrator has a reasonable basis to believe that a violation of this ordinance is
occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction
of a violation of this ordinance. The Storm Water Administrator shall take reasonable steps to inform the
responsible party prior to inspecting the property.
.25 Enforcement and Violations.
a) General
(1) Authority to Enforce. The provisions of this ordinance shall be enforced by the Storm Water
Administrator, his or her designee, or any authorized agent of the Town Huntersville.
(2) Violation Unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance
(3) Each Day a Separate Offense. Each day that a violation continues shall constitute a separate and
distinct violation or offense.
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(4) Responsible Persons/Entities. For the purposes of this ordinance, 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, property owners’ association or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that constitutes a violation of this ordinance, or
fails to take appropriate action, so that a violation of this ordinance results or persists
(b) Responsibility 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 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, development or redevelopment of the property.
b) Remedies and Penalties. The remedies and penalties provided for violations of this ordinance,
whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(1) Remedies
(a) Withholding of Certificate of Occupancy. 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 constructed on the site and served by the storm water practices in question until the applicant or
other responsible person has taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(b) Disapproval of Subsequent Permits and Development Approvals. As long as a violation of this
ordinance continues and remains uncorrected, the Storm Water Administrator or other authorized
agent may withhold and the Town of Huntersville may disapprove, any request for permit or
development approval or authorization provided for by this ordinance or the zoning, subdivision, and/or
building regulations for the land on which the violation occurs
(c) Injunction, Abatements, etc. The Town of Huntersville 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 ordinance. Any person violating this ordinance shall be subject to the full range of
equitable remedies provided in the General Statutes or at common law.
(d) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety, the Town of Huntersville may cause the violation to be
corrected and the costs to be assessed as a lien against the property.
(e) Stop Work Order. The Storm Water Administrator may issue a stop work order to the person(s)
violating this ordinance. 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 corrected 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 correct such violation(s).
(2) Civil Penalties. Violation of this ordinance may subject the violator to a civil penalty up to the full
amount of penalty to which the Town of Huntersville is subject for violations of its Phase II Storm Water
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Permit. If the violator does not pay the penalty within 30 days after notice of the violation is issued by
the Storm Water Administrator, the violation shall be recovered in a civil action in the nature of a debt.
(3) Criminal Penalties Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
c) Procedures
(1) Initiation/Complaint. Whenever a violation of this ordinance 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 Storm Water Administrator, who shall record the complaint.
The complaint shall be investigated promptly by the Storm Water Administrator.
(2) Inspection. The Storm Water 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 ordinance.
(3) Notice of Violation and Order to Correct. When the Storm Water Administrator finds that any
building, structure, or land is in violation of this ordinance, the Storm Water Administrator shall notify,
in writing, the property owner or other person violating this ordinance. The notification shall indicate
the nature of the violation, contain the address 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.
The Storm Water Administrator may deliver the notice of violation and correction order personally, by
certified or registered mail, return receipt requested, or by any means authorized for the service of
documents by Rule 4 of the North Carolina Rules of Civil Procedure. If a violation is not corrected within
a reasonable period of time, as provided in the notification, the Storm Water Administrator may take
appropriate action under this ordinance to correct and abate the violation and to ensure compliance
with this ordinance.
(4) Emergency Enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare,
then the Storm Water Administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The Storm Water Administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this ordinance.