HomeMy WebLinkAboutNCS000409_Self Audit Documents 9-14_20210823STORMWATER CONTROL MEASURES(SCM( INVENTORY
STORMWATER PHASE 2
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Phase 11 SCMS 1 City Of Belmont-Stprmwater Management
STORMWATER CONTROL MEASURES (SCM) INVENTORY
STORMWATER PHASE 2
Year
Atlas'
Plat Book/
Arintta)5elRlns on
AV Report
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UpI tksiiiptlon
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10
THE CONSERVANCY
Al2-SCMI-MAYAPPLE
825 MAYAPPLE WAY
NW LAKE WYLIE LLC
226386
2016
Al2
OS- 35.2575
OS--81,0565
OS-
CRYSTALSTREAM
86/60
SEPARATE
THE CONSERVANCY AT
PHI
C/O STEVEN HINSHAW 423 S
OF-
OF-
OF-
WATER QUALITY VAULT
MCLEAN
SHARON AMITY RD, CHARLOTTE
COMMON OPEN SPACE
NC 28211-2864
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11
THE CONSERVANCY
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, NC 28211-2864
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THE CONSERVANCY
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SHARON AMITY RD, CHARLOTTE
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FUTURE
and Sediment Control
, NC 28211-2864
DEVELOPMENT
13
OVERLAKE
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NW LAKE WYLIE LLC
227121
2016
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WET DETENTION POND
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Currently under
C/O STEVEN HINSHAW 423 S
OF-
OF-
OF.
(CURRENTLY SEDIMENT
PLAT BOOK 090 PAGE
Gaston County Erosion
SHARON AMITY RD, CHARLOTTE
BASIN)
004
and Sediment Control
NC 28211-2864
14
OVERLAKE
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4129 SPRING COVE WAY
NW LAKE WYLIE LLC
227121
2016
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OF-
WATER QUALITY VAULT
PLAT BOOK 090 PAGE
Gaston County Erosion
SHARON AMITY RD, CHARLOTTE
004
and Sediment Control
NC 28211-2864
Phase 11 SCMs 2 City of Belmont - Stormwater Management
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NCDEQ Stormwater Design Manual Q..,,
A-7. SCM Operation & Maintenance
• Access & Maintenance Easements
• Inspection & Maintenance Agreements
• Inspection & Maintenance Record Keeping
• Maintenance Responsibilities
• Providing for Maintenance Expenses
• Emergency Maintenance
• Debris & Litter Removal
• Sediment Removal & Disposal
• Stability & Erosion Control
• Maintenance of Mechanical Componea
• Vegetation Maintenance 1 I O -OC�m��
• Maintenance of the Aquatic Environmer 1
• Insect Control
• Maintenance of Other Project Features
1
SCMs are crucial in protecting water quality fror
matter how well they are designed and construc
remain attractive unless they are properly opera
with SCMs are also less costly to correct when I
Regular inspection and maintenance is an ongo
SCMs- These responsibilities typically include r
maintaining inspection records, and often annual inspections and reporting. A qualified
professional should conduct SCM inspections. NC State University offers a SCM Inspection
and Maintenance Certification Program: http://www.bae.ncsu.edu/topic/bmp-im/ There are
also many companies in NC that specialize specifically in SCM inspection and maintenance.
This chapter will discuss the logistical issues associated with SCM operation and
maintenance as well as provide an overview of some of the typical tasks associated with
maintaining most SCMs. Each of the individual SCM chapters in this manual also include a
table explaining specific inspection and maintenance activities required for a particular SCM
to ensure its proper functioning.
A-7. SCM Operation & Maintenance 1 Revised: 2-11-2018
t�.e onm,ivm
NCDEQ Stormwater Design Manual v"Will
Access and Maintenance Easements
SCMs on private property should have access and maintenance easements to provide
the legal authority for inspections and maintenance activities. The location and
configuration of easements should be established during the design phase and be
clearly shown on the design drawings. The entire footprint of the SCM system should be
included in the access and maintenance easement, plus an additional ten or more feet
around the SCM to provide enough room for the equipment and activities necessary to
complete maintenance tasks. This SCM system includes components such as the side
slopes, forebay, riser structure, SCM device, and basin outlet, dam embankment, outlet,
and emergency spillway.
Access and maintenance easements should be designed and constructed considering
the maintenance tasks that may be needed. If heavy equipment will be necessary to
perform maintenance tasks (such as for devices with a forebay that will require
sediment clean -out), typically a roadway with a minimum width of ten feet to the SCM
needs to be available. Easements are usually held by the person responsible for the
SCM facility, whether an individual, a corporation, or a government. Easements for
SCMs that are not publicly maintained require provisions that allow the permitting entity
access for inspection and maintenance.
Inspection & Maintenance Agreements
SCM facilities are typically built, owned and maintained by non -governmental entities. To insure
proper long-term maintenance, an Inspection and Maintenance Agreement should be part of the
design plans for any SCM. For regulatory purposes, authorities may require that these
agreements be signed and notarized. An Inspection and Maintenance Agreement will typically
include the following:
• The frequency of inspections that are needed (based on the type of SCM proposed).
• The components of the SCM that need to be inspected.
• The types of problems that may be observed with each SCM component.
• The appropriate remedy for any problems that may occur.
Sample Inspection and Maintenance Agreement provisions are included at the end of each
SCM chapter. The most effective Inspection and Maintenance Agreements are site- specific for
the SCM components that are used on the site as well as any conditions that are unique to the
site (for example, the presence of steep slopes that should be inspected for soil stability).
A-7. SCM Operation & Maintenance 2 Revised: 2-11-2018
NCDEQ Stormwater Design Manual
Table 1: Required Inspection Frequency for SCMs
Monthly and within 24 hours after every water
quality storm (greater than 1.5 inches in
Coastal Counties and greater than 1.0 inch
elsewhere)
Quarterly and within 24 hours after every water
quality storm (greater than 1.5 inches in
Coastal Counties and greater than 1.0 inch
elsewhere)
Stormwater Wetlands
Wet Detention Basins
Bioretention Cells
Level Spreaders
Infiltration Devices
Sand Filters
Extended Dry Detention Basins
Permeable Pavement
Rooftop Runoff Management
Filter Strips *
Grassed Swales'
Restored Riparian Buffers'
*Although these devices require quarterly inspection, mowing will usually be done at more frequent intervals
during the growing season.
To summarize Table 1, devices that include vegetation in a highly engineered system require
inspection monthly and after large storm events to catch any problems with flow conveyance or
vegetative health before they become serious. All other SCMs should be inspected at least
quarterly and after large storm events.
When required, signed and notarized Inspection and Maintenance Agreements should be
recorded with the appropriate Register of Deeds. The responsible party should keep a copy of
the Inspection and Maintenance Agreement along with a current set of SCM plans at a known
set location. It is also crucial that these documents be passed on when responsibility for
maintenance is transferred to a different party.
Inspection & Maintenance Record Keeping
All inspection and maintenance activities should be recorded. One easy way to do this is to
create an Inspection and Maintenance checklist based on the Inspection and Maintenance
Agreement. The checklist, at a minimum, should include the following:
• Date of inspection.
• Condition of each of the SCM elements.
• Any maintenance work that was performed (as well as who performed the work).
• Any issues noted for future maintenance (sediment accumulating, vegetation needing
pruning or replacement, etc.).
A-7. SCM Operation & Maintenance 3 Revised: 2-11-2018
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Stormwater Design Manual1%6Q"°""
Each SCM should have its own maintenance record. Records should be kept in a log in a
known set location. Any deficient SCM elements noted in the inspection should be corrected,
repaired or replaced in a timely manner. Some deficiencies can affect the integrity of structures,
safety of the public, and the function of the SCM.
Major repairs or maintenance work should include the same level of inspection and
documentation as original installations. Inspection checklists and record logs should be kept in
a known set location.
Maintenance Responsibilities
As stated in the section above, maintenance is usually the responsibility of the owner, which in
most cases is a private individual, corporation, or home owner's association. Simple
maintenance items such as minor landscaping tasks, litter removal, and mowing can be done by
the owner, or can be incorporated in conventional grounds maintenance contracts for the overall
property.
Although a non-professional can undertake many maintenance tasks effectively, a professional
should be consulted periodically to ensure that all needs of the SCM facility are met. Some
elements that would benefit from professional judgment include structures, outlets,
embankments, and dams by a professional engineer, as well as plant system health by an
appropriate plant professional. Some developing problems may not be obvious to the untrained
eye.
In addition, it is advisable to have professionals do the more difficult or specialized work. Filling
eroded areas and soil -disturbing activities, such as re -sodding or replanting vegetation, are
tasks that are best assigned to a professional landscaping firm. If the work is not done properly
the first time, not only will the effort have been wasted, but also the facility may have been
damaged by excessive erosion. Grading and sediment removal are best left to professional
contractors. Appropriate professionals (e.g. SCM maintenance specialists, professional
engineers, aquatic plant specialists, etc.) should be hired for specialized tasks such as
inspections of vegetation and structures.
Providing for Maintenance Expenses
The expenses associated with maintaining a SCM are highly dependent on the SCM type and
design. However, the most important factor that determines the cost of SCM maintenance is the
condition of the drainage area upstream of the SCM. If a drainage area conveys a high load of
sediment and other pollutants to a SCM, the cost of maintaining the SCM will increase
dramatically. Preventing pollution in the drainage area as much as possible will reduce the cost
of SCM maintenance.
A funding mechanism should be created and maintained at a level that provides adequate
funding to pay for the maintenance expenses over the lifetime of the SCM. One option is to
A-7. SCM Operation & Maintenance 4 Revised: 2-11-2018
0M1O11umNol
NCDEQ Stormwater Design Manual e..r
establish an escrow account, which can be spent solely for sediment removal, structural,
biological or vegetative replacement, major repair, or reconstruction of the SCMs. In the case of
a residential subdivision, the escrow account could be funded by a combination of an initial
payment by the developer and regular contributions by the homeowners' association. For an
example of how to legally structure such an account, please see the Phase II model stormwater
ordinance at the Stormwater Program web site. Routine maintenance costs may be relatively
easy to estimate, and include the expenses associated with the following activities:
• Conducting SCM inspections at the intervals shown in Table 1.
• Maintaining site safety, including any perimeter fences and other access inhibitors (trash
racks or pipe grates).
• Removing trash.
• Removing sediment that has accumulated in any components of the SCM.
• For infiltration -type systems, maintaining the filtering media and cleaning or replacing it
when necessary.
• Restoring soils to assure performance.
• Mowing turf grasses or maintaining other types of ground covers
• Controlling weeds and other invasive plants
• Pruning woody vegetation.
• Thinning desired vegetation
• Replacing dead vegetation.
• Stabilizing any eroding side slopes.
• Repairing damaged or eroded outlet devices and conveyance systems.
• Repairing embankments, dams, and channels due to erosion or rodents.
Emergency maintenance costs are more difficult to estimate. They depend on the frequency of
occurrence and the nature of the problem, which could vary from storm erosion repairs to
complete failure of a structure.
Emergency Maintenance
Maintenance after floods and other emergencies requires immediate mobilization. It can include
replanting and repairs to structures. Living systems are likely to need at least minor repairs after
emergencies. Following an emergency such as a flood, standing water may pose health risks
because of mosquitoes. Mosquito control should be considered if this becomes a problem.
For all installations, obstructions and debris deposited during storm events should be removed
immediately. Exceptions include debris that provides habitat and does not damage vegetation or
divert currents to, from, or in the SCM. In fact, because of the high quality habitat that can be
found in woody debris, careful re -positioning rather than complete removal may be desirable.
There may be instances where debris is even added. Such locations should be noted so that
this debris is not accidentally removed. Educating adjacent property owners about the habitat
benefits of debris and vegetation can decrease requests for removal.
A-7. SCM Operation & Maintenance 5 Revised: 2-11-2018
x,,..,-,",.,,,.,
NCDEQ Stormwater Design Manual Q-N,
Debris & Litter Removal
Regularly removing debris and litter is well worth the effort and can be expected to help in the
following ways:
• Reduce the chance of clogging in outlet structures, trash racks, and other facility
components.
• Prevent damage to vegetated areas.
• Reduce mosquito breeding habitats.
• Maintain facility appearance.
• Reduce conditions for excessive surface algae.
• Reduce the likelihood of stagnant pool formation.
Special attention should be given to removing floating debris, which can clog outlet devices and
risers.
Sediment Removal & Disposal
Sediment gradually accumulates in many SCMs. For most SCMs, accumulated sediment must
eventually be removed. However, removal intervals vary so dramatically among facilities that no
"rules of thumb" are applicable. The specific setting of a SCM is important in determining how
often sediment must be removed. Important factors that determine rates of sedimentation
include the current and future land uses upstream and the presence of other sediment -trapping
SCMs upstream.
Before installing a SCM, designers should estimate the lifetime sediment accumulation that the
SCM will have to handle. Several time periods may be considered, representing expected
changes in land use in the watershed. To estimate sediment accumulation, first, an estimate of
the long term sediment load from upstream is needed, then an estimate of SCM sediment
removal efficiency (see Sections 3.0 and 4.0). The analysis of watershed sediment loss and
SCM efficiency can be expedited by using a sediment delivery computer model.
The frequency of sediment removal is then based on the sediment accumulation rate described
above versus the amount of sediment storage volume that is inherently provided in the SCM
without affecting treatment efficiency or stormwater storage volume. Again, the frequency of
sediment removal is SCM and site specific, and could be as frequent as every couple years, or
longer than 15-25 years. The volume of sediment needing to be removed and disposed of per
dredging cycle is the volume calculated above multiplied by any density or dewatering factors,
as appropriate.
Wet sediment is more difficult and expensive to remove than dry sediment. Ideally, the entire
facility can be drained and allowed to dry sufficiently so that heavy equipment can operate on
the bottom. Provisions for draining permanent pools should be incorporated in the design of
water impoundments where feasible. Also, low flow channels and outlets should be included in
all SCMs to bypass stormwater flow during maintenance. However, in many impoundments,
periodic rainfall keeps the sediment soft, preventing access by heavy equipment. In these
A-7. SCM Operation & Maintenance 6 Revised: 2-11-2018
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NCDEO Stormwater Design ManualKr--V
cases, sediment may have to be removed from the shoreline by using backhoes, grade-alls, or
similar equipment.
Proper disposal of the sediment removed from a SCM must be considered. It is least expensive
if an onsite area or a nearby site has been set aside for the sediment. This area should be
located outside of the floodplain to prevent migration of the sediment if flooding occurs prior to
stabilization. If such a disposal area is not set aside, transportation and landfill tipping fees can
greatly increase the cost of maintaining the SCM, especially where disposal of wet sediment is
not allowed in the local landfill., Often, the material must be dewatered before disposal, which
again adds more cost and requires land area where wet material can be temporarily placed to
dry.
Sediment removal is usually the largest single cost of maintaining a SCM facility so the
necessary funds should be allocated in advance. Since sediment removal costs are so site
specific and dependent on disposal plans, it is difficult to provide good estimates. Actual
estimates should be obtained during the design phase of the SCM from sediment removal
contractors based on the planned situation. The estimates should include: mobilization
expenses, sediment removal expenses, material transport expenses (if applicable), and
disposal expenses (if applicable).
Stability & Erosion Control
The best way to promote soil stability and erosion control is to maintain a healthy ground cover
in and around SCMs. Areas of bare soil quickly erode, potentially clogging the facility with
sediment and threatening its integrity. Therefore, bare areas must be re- stabilized as quickly as
possible. Newly seeded areas should be protected with mulch and/or an erosion mat that is
securely staked. For SCM's that rely on filtration, such as bioretention facilities, it is critical that
adjacent soils do not contaminate the selected media during or after construction. If the site is
not permanently stabilized with vegetation when the filter media is installed, the best design
practice is to specify sod or other robust erosion control practices for all slopes in and
immediately around the SCM.
Erosion more often occurs in or around the inlet and outlet of SCM facilities and should be
repaired as soon as possible.
The roots of woody growth such as young trees and bushes in embankments are destabilizing
and may result in premature failure if unchecked. Consistent mowing of the embankment
controls stray seedlings that take root. Woody growth, such as trees and bushes, further away
from the embankment should not pose a threat to the stability of the embankment and can
provide important runoff filtering benefits. Trees and bushes may be planted outside
maintenance and access areas.
Animal burrows also diminish the structural integrity of an embankment. Muskrats, in particular,
burrow tunnels up to 6 inches in diameter. Efforts should be made to control animal burrowing.
Burrows should be filled as soon as possible.
A-7. SCM Operation & Maintenance 7 Revised: 2-11-2018
NCDEQ Stormwater Design Manual IWO
Maintenance of Mechanical Components
SCMs may incorporate mechanical components that need periodic attention. For example,
valves, sluice gates, fence gates, locks, and access hatches should be functional at all times.
The routine inspection, exercising, and preventive maintenance on such mechanical
components should be included on a routine inspection and maintenance checklist.
Vegetation Maintenance
Vegetation maintenance is an important component of any maintenance program. The grasses
and plants in all SCMs, but particularly in vegetative SCMs such as filter strips, grass swales,
restored riparian buffers, bioretention facilities, and stormwater wetlands, require regular
attention. The development of distressed vegetation, bare spots, and rills indicates that a SCM
is not functioning properly. Problems can have many sources, such as:
• Excessive sediment accumulation, which clogs the soil pores and produces anaerobic
conditions.
• Nutrient deficiencies or imbalances, including pH and potassium.
• Water-logged conditions caused by reduced soil drainage or high seasonal water table.
• Competition from invasive weeds.
• Animal grazing
The soil in vegetated areas should be tested every other year and adjustments made to sustain
vigorous plant growth with deep, well -developed root systems. Aeration of soils is
recommended for filter strips and grassed swales where sediment accumulation rates are high.
Ideally, vegetative covers should be mown infrequently, allowing them to develop thick stands of
tall grass and other plant vegetation. Also, trampling from pedestrian traffic should be
prevented.
Areas immediately up and downstream of some SCM plant installations are more likely to
experience increased erosion. Properly designed, located, and transitioned installations
experience may reduce accelerated erosion. All erosion should be repaired immediately to
prevent spreading.
Table 2 below describes some typical vegetation maintenance. It is important to note that
specific requirements related to some management practices, such as those performed within
buffers, must be followed. In addition, any vegetation that poses threats to human safety,
buildings, fences, and other important structures should be addressed. Finally, vegetation
maintenance activities typically change as the project ages.
A-7. SCM Operation & Maintenance 8 Revised: 2-11-2018
Stormwater Design Manual
Table 2: Vegetation Maintenance for SCMs
Replacement All dead plants should be removed and disposed of. Before vegetation that
of Dead has failed on a large scale is replaced, the cause of such failure should be
Plants investigated. If the cause can be determined, it should be eliminated before
any reinstallation.
The objective of fertilizing at a SCM is to secure optimum vegetative growth
rather than yield (often the objective with other activities such as farming).
Fertilization Infertile soils should be amended before installation and then fertilized
periodically thereafter. Fertilizer can be composed of minerals, organic
matter (manure), compost, green crops, or other materials.
Watering of the vegetation can often be required during the germination
and establishment of the vegetation, as well as occasionally to preserve the
Irrigation/ vegetation through drought conditions. This can typically be accomplished
Watering by pumping water retained in the SCM or from the stream, installing a
permanent irrigation system or frost -proof hose bib, or using portable water
trucks.
Mulching should be used to maintain soil temperature and moisture, as
Mulching well as site aesthetics. A half -inch layer is typically adequate. Ideally, mulch
should be removed before winter to prevent an infestation of rodents.
Weeding is often necessary in the first growing season, particularly if
herbaceous grasses are out -competing the young woody vegetation growth.
The need for weeding may be largely eliminated by minimizing the amount
Weeding of seed used for temporary erosion control. Weeding may also be required
if, over time, invasive or undesirable species are entering the site and out -
competing plants that are specifically involved in the treatment of the
stormwater.
Cultivating/ Hoeing is often required to loosen overly compacted soil and eliminate
Hoeing weeds that compete with the desirable vegetation.
Pruning Pruning is used to trim to shape and remove dead wood. It can force single -
shoot shrubs and trees to assume a bushier configuration.
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A-7. SCM Operation & Maintenance 9 Revised: 2-11-2018
NCDEQ Stormwater Design Manual
Q�mrn
Thinning dense vegetation may be necessary to thrive, to maintain open areas of
water as well as aesthetics, increase the vigor of individual specimens, to reduce
Thinning flow obstructions, and to increase the ability of maintenance staff to access the
entire SCM. Tall maturing trees, for the most part, have no place in a SCM (except
for buffers) and should be removed as soon as possible.
Saplings of tall trees planted in or near the SCM may require staking. Care
Staking should be taken not to damage the tree's roots with stakes. Stakes should be
kept in place for 6 to 18 months, and the condition of stakes and ties should
be checked periodically.
Wound The wounds on any trees found broken off or damaged should be dressed
Dressing following recommendations from a trained arborist.
Disease Based on monitoring observations, either insecticides or (preferably) organic means
Control of pest and fungal control should be used.
Fencing and signage should be installed to warn pedestrians and to prevent
damage due to trampling. These measures are often most necessary during early
Protection phases of installation but may be required at any time. Measures for controlling
from Animal human foot traffic include signs, fencing, floating log barriers, impenetrable bushes,
& Human ditches, paths, and piled brush. Wildlife damage is caused by the animals browsing,
Foot Traffic grazing, and rubbing the plants. The use of chemical wildlife repellents should be
avoided. Fences and meshes can be used to deter entry to the SCM. Tree tubes
can be used to prevent damage to individual specimens.
Mowing of perennial herbaceous grasses and wildflowers, especially once seed
heads have set, promotes redistribution of seed for this self-sustaining system.
Mowing Mowing should be carefully controlled, however, especially when performed for
aesthetics. As adjacent property owners and customers in general learn more about
SCMs, their vision of what is aesthetically pleasing can change. Grasses, in
healthy herbaceous stands, should never be mown more than once per year.
Maintenance of the Aquatic Environment
An important yet often overlooked aspect of SCMs that maintain a permanent pool is the need
to regularly monitor and manage conditions to promote a healthy aquatic environment. An
indicator of excess nutrients (a common problem) is excessive algae growth in the permanent
pool of water. Often, these problems can be addressed by encouraging the growth of more
desirable aquatic and semi -aquatic vegetation in and around the permanent pool. The plants
selected should be tolerant of varying water levels and have a high capacity to incorporate the
specific nutrients associated with the problem. Unchecked algae growth may result in aesthetic
and odor problems and algae -laden water can be washed downstream during rain contributing
to nuisance odors and stresses in downstream aquatic habitat.
A-7. SCM Operation & Maintenance 10 Revised: 2-11-2018
tmironoervm
NCDEQ Stormwater Design Manual
Insect Control
Under the right conditions, ponded water can become a breeding ground for mosquitoes. Many
mosquito problems can be minimized through proper design and maintenance. The best control
technique for SCMs that maintain a permanent pool of water is to ensure that the design
discourages mosquito breeding habitat and encourages mosquito predators. Research at NC
State University has shown that Mosquitofish (Gambusia holbrooki) can be effective in the
control of mosquito populations in SCMs. This may include establishing combinations of deep
and shallow areas that encourage Mosquitofish as well as avoiding overhanging trees and other
vegetation that creates shade conducive to mosquito breeding and discourages dragonflies,
birds, bats, and other desirable predators. In larger basins, fish, which feed on mosquito larvae,
can be stocked. Additionally, splash aerators can be employed to prevent stagnant water,
however, this requires electricity at the site, increases maintenance costs and must be properly
designed so as to not decrease the settling efficiency of the SCM. Where feasible, SCMs may
incorporate a source of steady dry weather flow to reduce stagnant water.
Maintenance of Other Project Features
All other devices and features associated with the SCM should be monitored and maintained
appropriately. These additional items could affect the safety or aesthetics of the facility, which
can be as important if not more important than the operational efficiency of the facility. Such
items could include:
• Fences
• Access roads
• Trails
• Lighting
• Signage (e.g. no trespassing, emergency notification contact information, etc.)
• Nest boxes
• Platforms
• Watering system
A-7. SCM Operation & Maintenance 11 Revised: 2-11-2018
Major Development Plan: Development Plan involving any of the following categories: the
subdivision of land into eight (8) or more lots; individual building(s) exceeding 30,000 square feet in
gross floor area; or, the subdivision of land into four (4) or more non-residential lots.
A sign notifying the public of these development types and including special use permit and
conventional zoning map amendments, shall be posted in conjunction with the initial
application. The applicant will utilize the city's sign template and shall be responsible for the cost
of production and installation. Final design of the sign shall be reviewed and approved by the
planning department prior to installation. The number and location of signs shall be determined by
the planning del pment.
19..3MINOR SUBDIY
Informal Revie�
Including Envimnmemal
N Compliance
Formal Submission of C
[u Technical Re
F7777pproved Pre
Review and Appn
By planni
loom-e)-t 11
I be approved administratively
Bent in compliance with the
flow chart provided in this
nit a Sketch Plan for informal
lepartment. Upon a
ompleteness and general
de, the planning department
to proceed to the next step.
submit the Construction
Documents along with an leview Committee (TRC). The
TRC may require that the on becircula<ed to the relevant City, County, and State agencies and
officials for comment(s) as to the proposed development's conformance to all applicable standards and
requirements and whether approval is recommended.
Once the TRC deems the Construction Documents to be complete in information provided and in
compliance with all provisions of this Code, it may be approved and a Preliminary Plat may be issued within
60 days. Final Plats will be reviewed by the planning department and approved administratively.
No grading ofinfrastrvcture construction work may, commence prior to approval of the Preliminary
Pla t.
15.4 SITE PLAN RE VIEWPROCESS
Informal Review of Sketch Plan
Including Environmental Survey and tree inventory
in compliance with Chapter I l
Formal Submission of Schematic Plan
to planning Staff for Review and Approval
Formal Submission of Construction Documents
to Technical Review Committee
I Approved Zoning Permit
Site Plans will be approved administratively by the
planning department in compliance with the process
outlined in the flow chart provided in this section and
with the LDC.
The Applicant shall submit a Sketch Plan along with an
Environmental Survey to the planning department for a
non -binding review. Upon determination of completeness
and general conformity with this Code, the planning
department will authorize the Applicant to submit the
Schematic Design for formal review.
The planning department will review and make comment on the Schematic Design. When the planning
department determines that the application is complete and complies with the Code it shall be approved. If
the Schematic Design is denied, the reasons for denial shall be stated in writing and the applicant may
resubmit the Development for further review.
Following approval of the Schematic Design by the planning department, the Applicant shall submit the
Construction Documents for review by the Technical Review Committee. The TRC may require that the
Application be circulated to the relevant City, County, and State agencies and officials for comment(s) as to
the proposed development's conformance to all applicable standards and requirements and whether approval
is recommended.
Once the TRC deems the Construction Documents to be complete in information provided and in
compliance with all provisions of this Code, it may be approved and a Zoning Permit may be issued.
No grading or infrastructure construction work map commence priot to issuance ofa Zoning
Permit
15.5MAJOR DEVELOPMENT PLANS
Pre -Design Meeting with planning Staff
Informal Review of Sketch Plan
Including Environmental Survey and tree inventory in
compliance with Chapter 11
I Applicant holds at least one neighborhood meeting open I
to the public.
Formal Submission of Schematic Plan
to planning Staff for Review and Recommendation
Review and Recommendation of Schematic Plan
By planning & Zoning board
Review and Approval of Schematic Plan
By city council
Formal Submission of Construction Documents
to Technical Review Comnuttee
Approved Preliminary Plat
I Review and Approval of I
Final Plat by planning Staff
Major Development Plans will be reviewed by the
planning board and approved by the city council.
The Applicant shall follow the process flow chart
provided in this section. A sketch plan along with an
Environmental Survey to the planning department shall
be submitted for a non -binding review. Upon
determination of completeness and general conformity
with this Code, the planning department will authorize
the applicant to conduct a neighborhood meeting.
Formal submittal of the Schematic Plan to the planning
department shall be accompanied by community
meeting minutes.
The planning department will review and make
comment on the Schematic Plan. When the planning
department determines that the application is complete
and complies with the Code it shall be forwarded to the
planning board. The planning department shall
provide a written notice to owners of properties
adjacent to land under consideration for the Major
Development Plan at least 10 days, but not more than
25 days, prior to the planning and Zoning board
meeting at which the Major Development Plan is under
consideration. A sign shall also be posted on property
under consideration for a Major Development Plan at
least 10 days, but not more than 25 days, prior to the planning and zoning board meeting. The planning
board shall have 40 days from the date of their first review to recommend that the Schematic Design be
approved, approved with conditions, or denied.
Following the planning board review, the Schematic Design shall be submitted to the city council for their
review and approval. The planning department shall provide a written notice to owners of properties
adjacent to land under consideration for the Major Development Plan at least 10 days, but not more than 25
days, prior to the city council meeting at which the Major Development Plan is under consideration. A sign
shall also be posted on property under consideration for a Major Development Plan at least 10 days, but not
more than 25 days, prior to the city council meeting. The city council shall have 90 days from the date of their
first review to approve, approve with conditions, or deny the Schematic Design. If they deny the Schematic
Design, they shall state their reason(s) for denial in writing and permit the applicant to resubmit the
Development for further review.
Following denial by the city council, the Applicant may file a new Application and associated fee. Unless the
city council explicitly states conditions that must be met prior to the resubmission of an Application, the
Applicant shall not submit a new Application for the same property within one (1) year of the date of denial
by the city council unless the Application is significantly different from the previously denied Application. All
Applications shall be resubmitted for full review unless the Application is resubmitted to address conditions
set forth by the city council.
Approval of a Major Development Plan shall constitute final city council approval for all phases of the
development except for any required approval of Construction Documents.
Following approval of the Schematic Design by the city council, the Applicant shall submit the
Construction Documents for review by the Technical Review Committee. The TRC may require that the
Application be circulated to the relevant City, County, and State agencies and officials for comment(s) as to
the proposed development's conformance to all applicable standards and requirements and whether
approval is recommended.
Once the TRC deems the Construction Documents to be complete in information provided and in
compliance with all provisions of this Ordinance, it may be approved and a Preliminary Plat may be issued.
This phase does not confer any approvals for individual site plans.
No grading or infrastructure construction work may commence prior to approval of the Preliminary
Pla t.
15.6 CONDITIONAL DISTRICTS
Pre -Design Meeting with planning Staff
Informal Review of Sketch Plan
Including Environmental Survey and Tree Inventory in compliance
with Chapter 11.
Initial neighborhood meeting open to the public.
Formal Submission of Schematic Plan & Rezoning
to planning Staff for Review and Recommendation
I Second neighborhood meeting open to the public. I
Rc,*7ew and Recommendation of Schematic Plan & Rezoning by
planning board
I Review and Approval of Schematic Plan & Rezoning by city council I
after Public Hearing
I Formal Submission of Construction Documents
to Technical Review Committee
I Approved Preliminary Plat or Site Plan
A Conditional District is a Rezoning combined
with a Major Development Plan. It will be
reviewed by the planning board and approved
or denied by the city council.
1 Procedure: The procedure for approval of
the Master Plan shall follow the procedure
outlined in the table to the left and in Section
20.2, Changes and Amendments to the Land
Development Code & Zoning Map
(Rezonings). A Sketch Plan along with an
Environmental Survey to the planning
department shall be submitted for a non-
binding review. Upon determination of
completeness and general conformity with
this Code, the planninjZ department will
authorize the applicant to conduct a
neighborhood meeting.
Formal submittal of the Schematic Plan to the
planning department shall be accompanied by
neighborhood meeting minutes. Staff shall
authorize the applicant to conduct the
required second neighborhood meeting upon
Review and Approval of approval of the schematic plan. Minutes from
Final Plat or Site Plan by planning Staff the second neighborhood meeting shall be
submitted to city staff prior to being
scheduled for the planning board meeting.
The planning board shall review and send a recommendation to the city council. The city council shall
decide on the project.
Following approval of the Conditional District rezoning and the Schematic Plan by the city council, the
applicant shall submit Construction Documents to the Technical Review Committee for approval. The
Construction Documents shall implement the approved Schematic Plan with any changes, additions and
conditions required and approved by the city council.
2 Final Approval by Stages: If so, reflected on the Master Plan, the city council may allow the staging of
final development. Each phase of development shall adhere to all applicable provisions and standards of
this section and the applicable CD Master Plan.
3 Decisions: Decisions by the city council shall be by majority vote. In considering an application for the
establishment of a Conditional District, the planning board may recommend, and the city council may attach
reasonable and appropriate conditions on the location, nature, and extent of the proposed use and its related
design. The applicant will have a reasonable opportunity to consider and respond to any additional
requirements proposed by either the planning board or the city council prior to final action.
4 Qualifications of Applicant: Conditional District classification shall only be considered upon the
request of the owners of all the property to be included. A CD shall consist of land under unified control
which may be planned and developed as a single development or as an approved programmed series of
development phases by multiple developers. "Unified control" means that all land to be included within a
CD shall be owned or otherwise under the legal control of the person or legal entity which has applied for a
Conditional District. Such person or entity shall be legally capable of providing a commitment to the city
that the CD development will comply with all documents, plans, standards and conditions ultimately
approved by the city.
5 Standards of District to be Met: Within an approved Conditional District, no use shall be permitted
except those permitted in the underlying district and pursuant to the conditions imposed on the
Conditional District in the approval of the rezoning. The city council may impose additional reasonable and
appropriate conditions or safeguards to serve the purpose and intent of this Section, and to preserve public
welfare and justice. In addition to the Schematic Plan, the applicant shall provide the exact land use
classifications proposed for the Conditional District. Such use classifications may be selected from any of
the uses, whether permitted, by right or conditional, allowed in the general zoning district upon which the
Conditional District is based. Uses not otherwise permitted within the general zoning district shall not be
permitted within the Conditional District.
6 Substantial Changes: Any substantial change to a Master Plan that results in a net increase to the
number of lots or a change in building size, location or appearance, or a change in parking or traffic
patterns shall be reviewed by the planning board and approved or denied by the city council as an amended
Conditional District. The following changes to a Conditional District Schematic Plan shall require approval
by the city council:
■ Land area being added or removed from the Conditional District.
■ Modification of special performance criteria, design standards, or other requirements specified by
the enacting ordinance.
■ A change in land use or development type beyond that permitted by the approved piaster Plan.
■ When there is introduction of a new vehicular access point to an existing street, road or
thoroughfare not previously designated for access.
■ When there is an increase in the total number of residential dwelling units originally authorized by
the approved Master Plan.
■ When the total floor area of a commercial or industrial classification is increased more than ten
percent beyond the total floor area last approved by city council.
G 0
CONTRACT CONTROL COVER SHE13IUL:j. I
V
Contract Title: 3r tzla 4 Par 6es off' C� C%,-n
Department: � ro Q, ° r
Department Director Sign -Off:
Vendor:
Vendor Address: 'C Ba)c /i.3j SAjrx ,,4-
Address City State Zip
Vendor's Contact Person & Phone #: M/J7_e ia- hn ni &104 " 6(!1"k
- ALL AGREEMENTS WILL BE RETURNED TO THE ORIGINATING DEPARTMENT FOR ROUTING -
Contract/Agreement Funded Through:
( ) Federal Grantor
( ) State Grantor
( ) Local Funds
( ) Other
ConVact/Agreement For:
% ( Service ( ) Equipment ( ) Other:
Responsible for payme^t „f r.ntmrt/aPreement:
Department Name
Account Number:
Fund Dept Subdepi
Total Cash outlay/cappe
Frequency of Paymen
( ) Annual ( ) Progr
D(Ou men+
County Attorney's U!
Date Approved as to
Routed for Approval
Finance Director for Pre -Audit Certification:
County Manager for Signature:
Coract/Agreement is:
( New
{ ) Renewal- Original Contract #
IIal Contract #
tte•
)ate:
reement may be destroyed)
E
By:
04 g/id /d
By: l (Date)
(Date)
Clerk to the Board of Commissioners: By:
(Date)
Contract Control No.
NORTH CAROLINA
GASTON COUNTY
INTERLOCAL AGREEMENT FOR
ENFORCEMENT SERVICES OF
GASTON COUNTY STORMWATER
ORDINANCE
This Agreement made and entered into on the 116 day of June, 2007, by and between GASTON
COUNTY a corporate and political body and a subdivision of the State of North Carolina, hereafter referred to as
"County", and the CITY OF BELMONT, a municipal corporation having a charter granted by the State of North
Carolina, hereinafter referred to as "Municipality".
WITNESSETH:
WHEREAS, Article 20 of Chapter 160A of the North Carolina General Statutes authorizes the contractual
exercise by one unit of local government for one or more other units of any administrative or governmental power,
function, public enterprise, right, privilege, or immunity of local government; and,
WHEREAS, the Municipality has requested that the County provide enforcement services within the
corporate boundaries of the Municipality for Gaston County Stormwater Ordinance; and,
WHEREAS, pursuant to N.C. Gen Stat. Chapter 160A, Article 20 upon official request of the governing
body of any municipalitywithin the County, the Gaston County Board of Commissioners may by agreement
exercise enforcement powers within said municipality and upon such direction may do so until such time as the
Municipal governing body officially withdraws its request; and,
WHEREAS, the Gaston County Board of Commissioners upon approval of a resolution, and with written
notice, may withdraw the offering of the service to the Municipality.
NOW, THEREFORE, it is agreed by the parties hereto that the County through the Gaston County
Department of Natural Resources will provide enforcement services for Gaston County Stormwater Ordinance in the
corporate limits of the Municipality on the terms and conditions set forth below:
1. Purpose. The purpose of this Agreement is to set forth the terms and conditions for the Municipality to
contract with the County for enforcement services for Gaston County Stounwater Ordinance inside its corporate
limits and to confer to the County the necessary geographical and subject matter jurisdiction to carry out the intent
of this Agreement.
2. Term. The term of this Agreement is July 1, 2007 through June 30, 2008. This Agreement shall
automatically renew each year hereafter for successive one year terms unless terminated as provided herein.
3. Responsibilities.
A. Municipality. The Municipality agrees to:
(1} allow the County to retain any fees or fines collected in accordance with the law;
(2) defend all claims against it and its employees for incidents that occur prior to the date of
this Agreement and indemnify and hold the County harmless from any judgments against
it and said employees. The County agrees to defend all claims against the Municipality
arising out of like incidents that occur from and after the date of this Agreement, and
fialher agrees to indemnify and hold the Municipality harmless from any judgments
against the Municipality resulting therefrom, unless the County is not at fault.
B. County. The County through the County Department of Natural Resources agrees to:
(1) provide enforcement services for Gaston County Stormwater Ordinance;
(2) seek civil and criminal enforcement of the law when necessary in the County's discretion;
4. Geographic And Subject Matter Jurisdiction. To the fullest extent permitted by the laws of the State
of North Carolina and the United States, the Municipality hereby grants to the County the authority to enforce the
Gaston County Stormwater Ordinance as it now exists or as it may hereinafter be adopted within the Municipality's
incorporated area, and the County accepts the authority herein granted and agrees fully and faithfully to perform the
duties and responsibilities implied by the acceptance of this grant subject to the terms and conditions of this
Agreement.
5. Amendment. This Agreement may only be amended in writing upon the signature of both parties. No
oral agreements or resolutions shall have any effect.
6. Entire Agreement. This Agreement is the only agreement between the parties and contains all the
terms agreed upon, and replaces any previous agreements regarding the subject matter. This Agreement has no
effect upon enforcement of codes or ordinances not specifically mentioned. If any part of this Agreement is held
invalid such decision shall not render the document invalid.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate for
themselves for their duly authorized officers of the day and year first above written.
GASTON COUNTY
� By. Phillip fronder, Asst. County Manager
A'i"1'�ST
Martha M. Jor Cleik t the Boaz
APPRO AS FORM:
Sam Shames, Assistant County Attorney
Richard N. Boyce, Mayor
CITY OF BELMONT RESOLUTION TO ADOPT THE GASTON COUNTY
STORMWATER ORDINANCE AND APPROVE THE INTERLOCAL AGREEMENT
WITH G aSTON COUNTY TO ENFORCE THE ORDINANCE WITHIN
MUNICIPAL BOUNDARIES
WHEREAS, a major challenge facing our region is the protection of the quality of our
water resources in the face of explosive growth; and
WHEREAS, construction runoff and urban stormwater are the primary non -point sources
of pollution in Gaston County; and
WHEREAS, the costs of poor stormwater control include higher water treatment costs,
degraded fish populations, and lower real estate values; and
WHEREAS, after examining the subject for over a year, the Quality of Natural Resources
Commission at their March 2007, voted to recommend that Gaston County adopt a local
stormwater control program and for the County's Natural Resources Department to administer
the program; and
WHEREAS, the City of Belmont supports the adoption of the Gaston County Stormwater
Ordinance by the Gaston County Board of Commissioners to be enforced by the Gaston County
Natural Resources Department; and
WHEREAS, pursuant to N.C. Gen. Stat. §153A-122, a city may by resolution permit a
county ordinance adopted pursuant to NC statutes to be applicable within the city; and
WHEREAS, pursuant to N.C. Gen. Stat. § 160A-461, any unit of local government in this
State may enter into contracts or agreements with each other in order to execute any undertaking.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belmont
hereby adopts the Gaston County Stormwater Ordinance and approves the Interlocal Agreement
with Gaston County to enforce the Gaston County Stormwater Control Ordinance within the city
jurisdictions.
ADOPTED this the 11 `h day of June, 2007
Richard N. Boyce, Mayor Date
A EST:
City C k Date
. 79
36
FEE /`'
RESOLUTION TITLE:
INIINIIIIIIIIIII�INIII�IN�I�IINIIIIIIIIINIVIIIIflIIIIIVIIIIII
Doc ID: 011964110019 Type: ORD
Recorded: 07/31/2007 at 03:54:26 PM
Fee Amt: $0.00 Pape 1 of 19
Instrk 200700005539
Gaston, NC
Susan S. Lockridge Register of Deeds
SK9 PG790_808
NATURAL RESOURCES - ADOPTION OF THE GASTON
COUNTY STORMWATER ORDINANCE
WHEREAS, on April 12, 2007, the Gaston County Board of Commissioners adopted the Gaston County
Stormwater Ordinance per Resolution 2007-148 to be submitted to North Carolina
Environmental Management Commission; and,
WHEREAS, the changes have been submitted to the North Carolina Environmental Management
Commission for its approval and said approval was granted on July 12, 2007as set forth in
the attached document; and,
WHEREAS, to complete the process, per North Carolina General Statutes, the Gaston County Board of
Commissioners is required to adopt the ordinance as approved by the North Carolina
Environmental Management Commission.
NOW, THEREFORE, BE IT RESOLVED that the Gaston County Board of Commissioners:
1) Rescinds the Gaston County Stomtwater Ordinance adopted on April 1Z 2007
2) Adoptsthe attached Gaston County Stommater Ordinance pursuanttoNorth Carolina
General Statutes and as approved bythe North Carolina Environmental Management
Commission;
3) This Ordinance is effective upon its adoption;
4) The Clerk to the Board is required to forward the Ordinance to the Register of Deeds
to be officially registered.
I, Martha M. Jordan, Clerk to the County Conuftsion,
by the Board of Corrrnissioners as follows:
NO. DATE M1 M2
2007-271 7/26/2007 TK PF
LINE
CARPENTER FLOYD KEIGHER BROWN
DISTRIBUTION: Susan Lockddge, Register of Deeds; Municipal Code Corporation; DocuWare Users
A=AYE, N=NAY, A ABSRa. AESAESrAN. U=UNANIMOUS
M
August 13, 2007
MEMORANDUM
TO:
FROM:
SUBJECT:
GASTON COUNTY COUNTY MANAGER
128 W. MAIN AVE. TELEPHONE: (704) 866-3101
P.O. BOX 1578 Fft,ffi4dFFICE
GASTONIA, NC 28053-1578
1001AUG 20 AID33
ote.11e L*nja4e,1A,
Samuel J. Shames, Asst. County Attorney S�
Stormwater Ordinance Enforcement Services With City of Belmont
Attached is a fully -executed original of the above document. ntinr the enniosed oril3inal
e. The County has retained an original signature copy.
cc: Wilson L. Bradley lll, Finance Director
Attachments
FEMEMOTODEPARTMENTTHEYSEND
Mission Statement
Gaston County seeks to be among the f finest counties to North Carolina It willprovide effective, e}j?clent and affordable
services leading to a safe, secure and healthy community, an environment for economic growth, and promote a favorable
quality of l0k,
ARTICLE II. - STORMWATER MANAGEMENT
FP3WMPPiMCI 40 c7
Sec. 5.5-31. -Title.
This ordinance may be cited as the Gaston County Stormwater Ordinance.
(Res. No. 2007-271, Art. I, § 1, 7-26-2007)
Sec. 5.5-32. - Purpose.
This article is adopted for the purposes of:
(a) The stormwater management regulations of this article shall protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum requirements and procedures to
control the adverse effects of stormwater runoff associated with new development. Proper management of
stormwater runoff will protect property, control stream channel erosion, prevent increased flooding
associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic
ecosystems, and otherwise provide for environmentally sound use of the county's natural resources; and
(b) Establishing procedures through which these purposes can be fulfilled.
(Res. No. 2007-271, Art. I, § 2, 7-26-2007)
Sec. 5.5-33. -jurisdiction.
(a) The county board of commissioners t
county, except for that property withi
municipalities of the county. Howeve
upon proper resolution duly adoptec
commissioners. Wherever conflicts e
restrictive provision shall apply.
(b) The stormwater map shall be kept o
account changes in the land area co,
to all portions of the
he incorporated
ly within other regions
ins and the
nces, or rules, the more
be updated to take into
in of all structural BMPs
permitted under this chapter. In the ter to a particular area of
land or BMP shall be determined by reference to the North Carolina Statutes, t e orth Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
(Res. No. 2007-271, Art. I, § 3, 7-26-2007)
Sec. 5.5-34. - Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
Applicant means an owner or developer of a site who executes the Stormwater Permit application pursuant to
Gaston County's Stormwater Ordinance.
Buffer Zone means the strip of land adjacent to a lake or natural watercourse.
Connection means any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will in
any way affect the operation or maintenance of the drainage ways.
Conveyance means any feature of the landscape or earth, manmade or natural, that carries water in a concentrated
flow.
Detain means to store and slowly release stormwater runoff following precipitation by means of a surface
depression or tank and an outlet structure.
Development means any land disturbing activity which adds to or changes the amount of impervious or partially
pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, or increases
total runoff from the site, other than a rebuilding activity that does not qualify as redevelopment. Drainage structures
shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed or used to
convey stormwater.
Environmental ReviewAdvisory Board means the Gaston County Environmental Review Advisory Board.
Final Certificate of Occupancy means the document required by the North Carolina State Building Code certifying
that a new building shall not be occupied or a change made in occupancy, nature or use of a building until after all
required building and services systems have been inspected for compliance with the technical codes and other
applicable laws and ordinances and released by the Gaston County Code Enforcement Department.
High -density Development means a project is high -density if it contains more than twenty-four percent (24) built -
upon area or more than two dwelling units per acre.
High Quality Waters means those classified as such in 15A NCAC 2B.0101 (e) (5)-General Procedures, which is
incorporated herein by reference to include further amendments.
High quality water (HQW) zones means areas in the coastal counties that are within five hundred seventy-five (575)
feet of high quality waters and for the remainder of the state areas that are within one mile and drain to HQW's.
Impervious surface Any surface that, in whole or in part, restricts or prevents the natural absorption of water into
the ground. Such surfaces may include, but are not limited to, gravel, concrete, asphalt or other paving material, and all
areas covered by the footprint of buildings or structures.
Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal,
waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried
in suspension, and which could be damaged by accumulation of sediment.
Land disturbing activity means any use of, or operations on, the land by any person in residential, industrial,
educational, institutional, or commercial development, including road construction and maintenance, that results in a
change in the natural cover or topography.
Local government means any county, incorporated village, town, or city, or any combination of counties,
incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the act.
Low -density development means a project is low -density if it has no more than twenty-four (24) percent built -upon
area or no more than two (2) dwelling units per acre.
Maymeans contingent upon the discretion of the Gaston Natural Resources Department Director.
Qne year, twenty-four hour storm The surface runoff resulting from a one-year, twenty-four hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in twelve (12) months and with a duration of twenty-
four hours and twenty-five (25) year, twenty-four (24) hour storm means a precipitation event that has a probable
recurrence interval of once in twenty-five (25) years as determined by the National Weather Service of the National
Oceanic and Atmospheric Administration of the United States Department of Commerce.
Parent means an affiliate that directly, or indirectly through one or more intermediaries, controls another person.
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
Plan means a stormwater control plan.
Recurring violation means a violation that has not been corrected within the time specified by the Gaston Natural
Resources Department, or, a reoccurrence of a violation from which a previous notice has been issued, not
withstanding natural occurrences exceeding design requirements.
Retain [means] to capture and hold stormwater runoff following precipitation by means of surface depression
allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream.
Shall means a requirement.
StormwaterAny surface flow, runoff, and drainage consisting entirely of water from rainfall events.
Velocity means the average speed of flow through the cross-section of the main channel at the peak flow of the
storm of interest. The cross-section of the main channel shall be that area defined by the geometry of the channel plus
the area of the flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not
to be included for the purpose of computing velocity of flow.
(Res. No. 2007-271, Art. I, § 4, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-35. - Scope and Exclusions.
The stormwater management regulations of this article do not apply to any of the following development activities:
(1) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the
production of plants and animals useful to man, including but not limited to:
a. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts.
b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats.
e. Bees and apiary products.
f. Fur producing animals.
(2) Activities undertaken on forestland for the production or harvesting of timber and timber products and
conducted in accordance with best management practices as set out in Forest Practice Guidelines Related
to Water Quality.
(3) Activities for which a permit is required under the Mining Act, G.S. 74-46 et seq.
(4) Commercial development on lots less than one acre that are not part of a larger common plan of
development or sale.
(5) Residential development that disturbs less than one acre, including total buildout of the site that are not
part of a larger common plan of development or sale.
(6) Any development in which the owner has accrued a vested right. A vested right is recognized if either a
preliminary plan has been approved by the Planning Board that meets the required specifications and
standards of Gaston County ordinances, or a Land Disturbing Permit has been issued pursuant to Gaston
County Soil Erosion and Sedimentation Control ordinance in effect on or before the effective date of this
ordinance, and that such plan or permit remains unexpired.
(7) A party in interest to a particular plan found to have no vested right to construct or develop on or before
the effective date of this ordinance may appeal to the Gaston County Board of Adjustment for a hearing
de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has
a vested right to construct or develop his site under plans submitted prior to the effective date of this
chapter.
(8) Redevelopment or expansions to uses included in the above categories are not subject to the stormwater
requirements unless it would result in an expansion of impervious surface on commercial lots in size
equal to or greater than one acre.
(Res. No. 2007-271, Art. I, § 5, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-36. - Review and decision -making entities.
Gaston County Natural Resources Department will administer this chapter. The director of natural resources will
designate a stormwater administrator. In addition to the powers and duties that may be conferred, the stormwater
administrator shall have the following powers and duties under this chapter:
(1) To review and approve or disapprove applications for approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this chapter.
(3) To establish application requirements and schedules for submittal and review of applications and
appeals, to review and approve applications.
(4) To enforce the provisions of this chapter in accordance with its enforcement provisions.
(5) To make records, maps, and official materials as relate to the adoption, amendment, enforcement, or
administration of this ordinance.
(6) To provide expertise and technical assistance to the county.
(7) To designate appropriate other person(s) who shall carry out the powers duties of the stormwater
administrator.
(8) To take any action necessary to administer the provisions of this chapter.
(Res. No. 2007-271, Art. I, § 6, 7-26-2007)
Sec. 5.5-37. - Review and appeals procedures.
(a) A stormwater permit is required for all development and redevelopment which equals or exceeds one acre of
disturbance for residential or commercial development and projects less than an acre that are part of a
larger common plan of development or sale, unless exempt pursuant to this chapter.
(b) The Gaston County Board of Commissioners shall establish permit review fees. The Gaston County Environmen-
Review board shall recommend fees and the Gaston County Natural Resources Department shall establish polic
procedures.
(c) For all activities which are subject to this chapter, no person shall initiate, proceed, or undertake any land
disturbing or development activity for which a permit is required without first being issued a written
stormwater control permit. All other required applications must be received and permits must be obtained
prior to the start of the work. These may include but are not limited to soil erosion and sedimentation
control, flood damage prevention, subdivision, building permits and inspections, North Carolina Department
of Transportation, North Carolina Division of Water Quality, US Army Corps of Engineers, and North Carolina
DENR-Dam Safety.
(d) Plan review fees shall be double the amount when activity subject to this ordinance begins before a
stormwater permit is obtained from the county. Re -inspection fees will be charged for follow-up inspections
when required, due to deficiencies discovered upon initial routine inspections.
(e) Two (2) copies of the stormwater plan submittal shall be submitted to natural resources for review.
(f) The department shall review the plan for completeness and for compliance with the requirements of this
article. An incomplete or nonconforming stormwater plan will be returned to the applicant prior to review
with an explanation of issues requiring resolution before plan review can be initiated.
(g) Within forty-five (45) days of receipt of application for stormwater plan approval, natural resources shall take
action on the plan.
(h) Approval, approval with modifications, or denial of the proposed stormwater plan shall be in writing. In the
case of denial, the reasons for denial shall be clearly stated. The applicant may appeal the decision of the
stormwater administrator to the county environmental review board within fifteen (15) days after receipt of
written notice of disapproval or approval with modifications. Only the applicant can appeal the decision of
the stormwater administrator. A condition of plan approval will be the right to physical inspection of the
drainage structures and stormwater management measures during and after construction.
(i) Hearings held pursuant to this section shall be conducted by the environmental review board within thirty
(30) days after the date of the appeal or request for hearing.
0) The environmental review board shall decide appeals within fifteen (15) days after the date of the hearing on
any stormwater plan.
(k) The environmental review board will conduct a hearing in the nature of a quasi-judicial proceeding with all
findings of fact supported by material evidence.
(1) Decisions appealing the final decision by the environmental review board may be filed in Gaston County
Superior Court, to be reviewed by proceedings in the nature of certiorari, within thirty (30) days of the final
decision of the environmental review board.
(m) The stormwater administrator shall take action on revisions to a stormwater plan which has been previously
denied, within fifteen (15) days of receipt of the revised plan application for approval.
(n) If a revised application is not resubmitted within sixty (60) calendar days from the date the applicant was
notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the
same project shall be required along with the appropriate fee and pursuant to the current standards.
(o) Application for an amendment to a stormwater plan in written and graphic form may be made at any time.
Until such time that any amendment is approved by the stormwater administrator, it shall be unlawful to
deviate from the approved plan.
(p) An approved plan shall become null and void if the applicant has failed to make progress on the site within
six (6) months after the date of approval. The stormwater administrator may grant a single, six (6) month
extension of this time limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
(q) Residential high density development plans located in unincorporated parts of the county shall not be
approved until a variance is received from the county planning board.
(r) Before a stormwater management permit application is deemed complete, the stormwater administrator or
developer may request a consultation on a concept plan for the post -construction stormwater management
system to be utilized in the proposed development project. This consultation meeting should take place at
the time of the preliminary plan of subdivision or other early step in the development process. The purpose
of this meeting is to discuss the post -construction stormwater management measures necessary for the
proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced.
(Res. No. 2007-271, Art. I, § 7, 7-26-2007)
Sec. 5.5-38. - Penalties for violation.
(a) Civil penalties may be imposed as follows:
(1) Any person who violates any of the provisions of this article, or rules or orders adopted or issued
pursuant to this article, or who initiates or continues a development for which a stormwater plan is
required, except in accordance with the terms, conditions and provisions of an approved plan, is subject
to a civil penalty. Each day of a continuing violation shall constitute a separate violation. Additional fees
may be charged for remedies and enforcement of this chapter.
(2) Violation of this chapter may subject the violator to a civil penalty to be recovered in a civil action in the
nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation
is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of
penalty to which the county and municipalities with stormwater inter -local agreements with the county is
subject for violations of its Phase II stormwater permit, or if no Phase II stormwater permit exists for the
jurisdiction, civil penalties may be assessed up to the full amount allowed by law.
(3) No penalty shall be assessed until the applicant has been notified of the violation by registered or
certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The
notice shall describe the violation with reasonable particularity, specify a reasonable time period within
which the violation can be corrected, and warn that failure to correct the violation within the time period
will result in the assessment of further civil penalties or other enforcement actions.
(4) If the violation has not been corrected within the designated time period, a civil penalty may be assessed
from the date the violation is detected.
(5) Refusal to accept the notice or failure to notify the stormwater administrator of a change of address shall
not relieve the violator's obligation to pay such a penalty.
(6) The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy
for any building or other improvements constructed or being constructed on the site and served by the
stormwater practices in question until the applicant has taken the remedial measures set forth in the
notice of violation and cured the violations described therein.
(b) Criminal penalties: Any person violating any provisions of this chapter shall be guilty of a misdemeanor and,
upon conviction, shall be punished in accordance with G.S. 14-4. The maximum fine for each offense shall not
exceed five hundred ($500.00) dollars. Each day that the violation continues shall constitute a separate
offense.
(Res. No. 2007-271, Art. I, § 8, 7-26-2007)
Sec. 5.5-39. - Permit application and plans.
(a) The stormwater permit application and plan shall refer to the drawings and technical documentation for
planned site improvements necessary to fulfill the drainage and stormwater management requirements of
this article. This shall include but not be limited to:
(1) Location and topographic maps with the total drainage area delineated including both on site and off site
areas and sufficient information to define all ridges, existing streams, location of the one hundred (100)
year floodplain and floodway, drainage ways, wetland areas, existing springs, and elevation of any
proposed discharge point, and any additional information required to evaluate the existing and proposed
drainage system, which may include a soil analysis.
(2) Architectural and engineering drawings showing plan, profile and details of piping, drainage structures,
swales, and channels tying into a network of pre-existing manmade or natural channels.
(3) Written project specifications governing work performance and materials.
(4) Computations and assumptions sufficient to support the design of piping, drainage structures,
retention/detention ponds, and permanent erosion control measures.
(5) Whatever other narrative statements necessary to adequately describe the proposed site improvements
and the measures planned to comply with the requirements of this article.
(b) The stormwater permit application and plan shall be prepared by and shall bear the seal and signature of a
professional engineer or landscape architect licensed in the State of North Carolina, competent to perform all
aspects of design.
(c) The stormwater permit application and plan shall be prepared to meet the basic objectives and design
standards for drainage and stormwater management as described in this ordinance.
(d) The stormwater permit application and plan shall show the existing site topography and proposed site
drainage improvements in sufficient detail to facilitate plan review and construction. The plan drawings shall
be presented at a scale no smaller than one (1) inch = fifty (50) feet.
(Res. No. 2007-271, Art. I, § 9, 7-26-2007)
Sec. 5.5-40. - Maintenance manual.
(a) The stormwater permit application and plan shall be accompanied by an operations and maintenance
manual. The manual shall contain a narrative describing each installed measure and device and its design
specifications. The manual shall indicate for each installed measure and device what operation and
maintenance actions are needed and what specific quantitative criteria will be used to determine when these
actions will be taken. The manual must indicate the steps that will be taken to restore a measure or device to
the design specifications if a failure occurs.
(b) After the permit and plan is approved and installation is complete, if changes have been made to any installed r
or device, the manual shall be revised to reflect these changes, and such changes shall be subject to the review
approval of the stormwater administrator.
(Res. No. 2007-271, Art. I, § 10, 7-26-2007)
Sec. 5.5-41. - As -built plans and specifications.
(a) The designer of the stormwater control plans shall provide as -built plans of all stormwater control and
management plans showing the field location, size, depth, and planted vegetation of all measures and
devices as installed. If the previously submitted plans remain unchanged, an as -built certification to the
existing plans will be required. No certificate of compliance or occupancy shall be issued without said as -built
plans.
(b) The designer shall certify, under seal, that the as -built stormwater measures and devices and their
installation are in compliance with the county's stormwater ordinance.
(c) The designer shall submit a final electronic file of the stormwater plan that is readable by GIS systems, geo-
referenced to the North Carolina State Plane 1983 (Feet).
(Res. No. 2007-271, Art. I, § 11, 7-26-2007)
Sec. 5.5-42. - Stormwater Management Objectives.
(a) In order to reduce drainage related damage and hazards, adequate natural drainage systems or stormwater
management installations are required to collect and transmit stormwater flows into either existing drainage
facilities or a natural drainage system.
(b) All storm drainage facilities shall be designed, constructed and maintained so that adjacent properties are
not unreasonably burdened with surface waters as a result of such improvements. Specifically:
(1) Offsite areas which drain to or across a site proposed for development must be accommodated in the
stormwater plans for the development. The stormwater management system must be capable of
conveying the existing offsite flows through or around the development such that the volume and rate of
flow from the adjacent property is not altered. If offsite flows are carried in the site system any detention
system shall be sized to accommodate this flow. The flow must be released to the original drainage area.
(2) Storm drainage facilities shall be designed to limit the discharge from the site to the rate for the one (1)
year, twenty-four (24) hour storm that existed prior to development of the site. For projects that are
redeveloping a developed site, the discharge will be limited to that which occurs before any new
development. The type and location of the discharge will be as occurred before the current development
unless the discharge is to a manmade conveyance system.
(c) All site improvements shall be provided with a drainage system that is adequate to prevent the undue
retention of surface water on the development site.
(d) These goals for discharge can be accomplished by designing, constructing and maintaining all stormwater
management installations to the extent practicable:
(1) Avoid increases in surface runoff volume and velocity by including measures which promote the
infiltration of stormwater,
(2) Maximize the time of concentration of stormwater runoff, and
(3) Promote the filtration and precipitation of pollutants from stormwater runoff in order to protect the water c
the receiving watercourse.
(e) Whenever practicable, the drainage system of a development site shall coordinate with and connect to the
drainage systems or drainage ways on surrounding properties or streets. Permission must be received from
other applicable entities for connection.
(f) To the extent practicable, all site improvements shall conform to the natural contours of the land, and
without disturbance, utilize the preexisting natural and preexisting manmade drainage ways.
(g) To the extent practicable, lot boundaries within subdivisions shall be made to coincide with natural and
preexisting man made drainage ways to avoid creation of lots that can only be built upon by altering such
drainage ways.
(h) Stormwater shall not be diverted from one natural drainage basin into another.
(i) Stormwater shall not be channeled or directed into sanitary sewers.
0) Streams shall not be relocated unless it is demonstrated that the relocation of the stream will have a positive
impact on water quality while reducing velocity. All other applicable permits must be received.
(k) High -density projects shall be required to adopt or install storm drainage facilities pursuant to this section,
paragraph (b)(2).
(Res. No. 2007-271, Art. I, § 12, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-43. - Stormwater Management Design Standards.
(a) Design standards are established for the purpose of promoting sound development practices which respect,
preserve and enhance the county's watercourses and are not intended to prohibit the use of innovative and
alternative techniques which can be demonstrated to have the potential for successfully achieving the
objectives stated in Section 1.
(b) Design storm:
(1) The measures shall control and treat at a minimum the stormwater runoff from the first inch of rainfall
volume leaving the project site. Runoff volume drawdown time shall be a minimum of forty-eight (48)
hours, but not more than one hundred twenty (120) hours.
(2) All structural stormwater treatment systems used to meet the requirements of this ordinance shall be
designed to have a minimum of eighty-five (85) percent average annual removal for total suspended
solids (TSS).
(3) The design of drainage facilities in flood hazard areas shall be consistent with the requirements of
county's flood damage prevention ordinance.
(4) The computation of Stormwater runoff shall follow established engineering practice. Acceptable methods
of computation include the Rational Method, the Peak Discharge Method as described in USDA Technical
Release Number 55 (TR-55), and USGS Regression Equations, where applicable. If an alternate method is
proposed, the method should be described and justification for using this method should be provided.
The same method must be used for both the pre- and post -development conditions.
(5) Runoff coefficients shall be based on full development of the project and of the watershed to the extent
of the current zoning or land use patterns, and shall include the complete development of the site
through build -out, including roof tops and other impervious areas that may be proposed.
(6) Stormwater detention shall be provided to insure that the rate of discharge for the one (1) year, twenty-four
storm does not exceed the pre -development rate of discharge. In order to demonstrate this, inflow -outflow
calculations shall also be submitted for any stormwater detention ponds.
(7) All stormwater systems shall be designed and built to route at a minimum the twenty-five (25) year,
twenty-four (24) hour storm safely.
(Res. No. 2007-271, Art. I, § 13, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-44. - Stormwater design manual.
The county natural resources department may furnish additional guidance and standards for the proper
implementation of the regulations of this article and may provide such information in the form of a stormwater design
manual. Stormwater management practices that are designed, constructed, or maintained in accord with the
stormwater design manual must be presumed to comply with these regulations. However, the stormwater
administrator shall have the right to consult other engineers and duly qualified professionals, and to impose any
conditions or require any modifications deemed necessary to meet the purpose, intent and requirements of this
chapter.
(Res. No. 2007-271, Art. I, § 14, 7-26-2007)
Sec. 5.5-45. - Construction of stormwater management structures.
(a) Stormwater management facilities shall be constructed in accordance with approved plans and maintained in
proper working condition. The applicant/property owner is responsible for ensuring that the construction of
drainage structures and stormwater management measures are completed in accordance with the approved
plan and specifications. Inspections which may be performed by the county during construction will not
relieve the developer of the responsibility to install stormwater management and drainage facilities in
accordance with the approved plan.
(b) In response to a complaint, or as a compliance check with the requirements of this chapter, the Stormwater
administrator or the designee shall perform a physical inspection of the construction of drainage structures
and stormwater management measures, or monitor long term maintenance procedures.
(c) The property owner will be notified in writing of any substandard and/or nonconforming work identified by
the Stormwater administrator. The notification shall state the specific work that is out of compliance, the
specific reasons for noncompliance, and the corrective measures necessary to bring the work into
compliance.
(d) Failure of the property owner or developer to correct substandard and/or nonconforming work identified by
the stormwater administrator shall be sufficient reason to refuse any action or services such as, but not
limited building permits, or occupancy permits for buildings serviced by said work. Appeals on determination
of nonconforming or substandard work and/or the adequacy of the corrective measures executed shall be
made in accordance with 5.5-32 of this chapter. Pending the ruling on the appeal, the determination of the
stormwater administrator remains in effect.
(e) Revisions which affect the intent of the design or the capacity of the system shall require prior written
approval by the stormwater administrator.
(Res. No. 2007-271, Art. I, § 15, 7-26-2007)
Sec..95-46. - Performance security for installations.
(a) The county will require the submittal of a surety performance bond made by a surety bonding company
licensed and authorized to do business in North Carolina, a bond of the owner/developer with an assignment
to the county of a certificate of deposit as security for the bond, a bond of the owner/developer by an official
bank check drawn in favor of the county and deposited with the county, or cash or an irrevocable letter of
credit deposited with the county prior to issue of a permit in order to ensure that the stormwater system is
installed by the developer and functions as required by the approved stormwater plan.
(b) The amount of an installation performance security shall be the total estimated construction cost of the
system and devices approved under the permit, plus twenty-five (25) percent. Bonds may be reviewed
twenty-four (24) months after issuance and subsequent twenty-four (24) month periods.
(c) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work
within the time specified, or to initiate or maintain any actions which may be required of the applicant in
accordance with this chapter.
(d) Upon default of the applicant to construct, maintain, repair, and if necessary reconstruct any stormwater
device in accordance with the applicable permit, the stormwater administrator shall obtain and use all or any
portion of the security to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the applicant to comply with the permit. In the
event of a default triggering the use of installation of performance security, the county shall not return any of
the unused deposited cash funds or other security, which shall be retained for maintenance.
(e) If the county takes action upon such failure by the applicant, the county may collect the difference should the
amount of the reasonable cost of such action exceed the amount of the security held. This difference will be
collected from the applicant.
(f) Not withstanding default, within sixty (60) days of the expiration of the guarantee, the installation
performance security shall be refunded to the applicant or terminated.
(Res. No. 2007-271, Art. I, § 16, 7-26-2007)
Sec. 5.5-47. - Completion.
The property owner/developer is responsible for completing all stormwater improvements in accordance with the
requirements of this article and other applicable ordinance and laws.
(Res. No. 2007-271, Art. I, § 17, 7-26-2007)
Sec. 5.5-48. - Assurance that improvements will be maintained.
All stormwater improvements must be maintained so they will continue to serve their intended functions.
(1) The developer must maintain stormwater improvements until accepted by a property owners association
or lot owner. The developer must disclose which party will be responsible for continued maintenance on
the record plat and on the stormwater management plan. The developer will be responsible for the
installation, operations, and maintenance of the stormwater controls until ownership is conveyed. The
responsibility and agreement for operations and maintenance for the stormwater system is transferred
with title, as each property is conveyed. The developer will guarantee the stormwater improvements for
two (2) years after transfer of ownership.
(2) Before improvements are accepted for maintenance by the property owners association or lot owner, the
developer or the developer's engineer or landscape architect, must certify to the property owners
association or lot owner and to the county that improvements are complete and functioning as designed.
(3) The developer must record, and reference on the record plat, an operations and maintenance plan that
instructs the property owners association or lot owner about the required operations and maintenance
tasks.
(4) The person responsible for maintenance of any stormwater structure or feature installed pursuant to this
ordinance shall submit to the stormwater administrator an inspection report annually from a qualified
registered North Carolina professional engineer, surveyor, or landscape architect performing services
only in their area of competence. The report shall contain the following:
a. The name and address of the land owner.
b. The recorded book and page number of the lot of each stormwater control.
c. A statement that an inspection was made of all stormwater controls and features.
d. The date the inspection was made.
e. A statement that all inspected controls and features are performing properly and are in compliance
with the terms and conditions of the approved maintenance agreement required by this ordinance.
f. The signature and seal of the engineer, surveyor, or landscape architect. All inspection reports shall
be on forms supplied by the stormwater administrator. An original inspection report shall be
provided to the stormwater administrator beginning one year from the date of as -built certification
and each year thereafter on or before the date of the as -built certification. It will be the responsibility
of the property owners association or lot owner to update the plan annually.
(5) The developer must record, and reference on the record plat, a maintenance agreement, or restrictive
covenant that sets forth the property owners association's or lot owner's continuing responsibilities for
maintenance, including specifying how cost will be apportioned among lot owners served.
(6) The maintenance agreement must provide that the association and its individual members are jointly and
severably liable for maintenance.
(7) The developer must record easements for access, maintenance, inspections and conduct monitoring or
other activities approved by the stormwater administrator by any property owners association and by the
county government and or the municipality.
(8) All maintenance documents required by this article must be submitted to the stormwater administrator
before record plat approval, and such documents must be referenced on the record plat, or, in the case
of single -lot developments not requiring record plats, documentation must be submitted to the
stormwater administrator before building permit issuance. this ordinance shall be effective upon
adoption.
(9) The county or the municipality may create special tax assessments for residential subdivisions to fund
maintenance. Municipalities may choose to fund maintenance for stormwater systems through their
respective stormwater utilities.
(10) Municipalities within the county may have additional requirements such as maintenance escrow accounts, a
design standards and vested rights claims.
(Res. No. 2007-271, Art. I, § 18, 7-26-2007)
Secs. 5.5-49-5.5-100. - Reserved.
DIVISION 2. - STORMWATER POLLUTION
Sec. 5.5-101. - Illicit discharges and connections.
(a) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, waters of the state, or upon the land in manner and
amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid,
solid, gas, or other substance other than stormwater; provided that they do not significantly impact water
quality. The following discharges are allowable:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other nonstormwater discharges for which a valid NPDES discharge permit has been approved and
issued by the state of North Carolina, and provided that any such discharges to the municipal separate
storm sewer system shall be authorized by Gaston County or municipality.
Prohibited substances include but are not limited to: oil, anti -freeze, chemical, animal waste, paints, garbage,
and litter.
(b) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of
nonstormwater, other than the exclusions described in 5.5-48 above, are unlawful. Prohibited
connections include, but are not limited to: floor drains, waste water from washing machines or sanitary
sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic
systems.
(2) Where such connections exist in violation of this section and said connections were made prior to the
adoption of this provision or any other ordinance prohibiting such connections, the property owner or
person using said connection shall remove the connection within one year following the effective date of
this article. However, the one-year grace period shall not shall not apply to connections which may result
in the discharge of hazardous material or other discharges which pose an immediate threat to health and
safety, or are likely to result in immediate injury and harm to real or personal property, natural resources,
wildlife, or habitat.
(3) Where it is determined.that said connection:
i. May result in the discharge of hazardous materials or may pose an immediate threat to health and
safety, or is likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or
ii. Was made in violation of any applicable regulations or ordinance, other than this section;
The nonstormwater connection shall be removed. In setting the time limit for compliance, the stormwater
administrator shall take into consideration:
i. The quantity and complexity of the work;
ii. The consequences of delay;
iii. The potential harm to the environment, to public health, and to public and private property; and
iv. The cost of remedying the damage.
(4) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to a stormwater conveyance system, shall be contained, controlled, collected, and
properly disposed. All affected areas shall be restored to preexisting conditions.
Persons in control of the polluting substances and persons owning the property on which the substances
were released or discharged shall immediately notify the county emergency management of the release
or discharge, as well as making any required notifications under state and federal law. Notification shall
not relieve any person of any expenses related to restoration, loss, damage, or any other liability which
may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other
liability which may be imposed by state or other law.
(5) Nuisance. Illicit discharges and illicit connections which exist within the jurisdiction of the county and this
provision are hereby found, deemed and declared to be dangerous or prejudiced to public health or
public safety and are found, deemed, and declared to be public nuisances.
(Res. No. 2007-271, Art. II, § 19(1), 7-26-2007)
Sec. 5.5-102. - Severability.
. . If any section or sections of this article islare held to be invalid or unenforceable, all other sections shall nevertheless
continue in full force and effect.
(Res. No. 2007-271, Art. II, § 19(2), 7-26-2007)
CITY OF BELMONT — NCS000409 — 2017-2022
Total Maximum Daily Loads (TMDLs)
1. Objective
a. Determine whether a TMDL has been developed and approved or established by EPA for the
receiving water(s) of the M54 stormwater discharge and/or downstream waters into which the
receiving water directly flows.
b. Develop and implement BMPs to reduce non -point source pollutant loading to the maximum
extent practicable (MEP) if the permittee is or becomes subject to an approved TMDL with an
approved Waste Load Allocation (WLAs) assigned to stormwater.
c. If subject to an approved TMDL, the permittee is in compliance with the TMDL if the permittee
complies with the conditions of this permit, including developing and implementing appropriate
BMPs to reduce non -point source pollutant loading to the maximum extent practicable (MEP).
While improved water quality is the expected outcome, the NPDES MS4 permit obligation is to
reduce non -point source pollutant loading to the maximum extent practicable (MEP). The MS4
permittee is not resp< he ambient
monitoring stations. �� \J (� �y� (� �� I !d through reduction
from the MS4, along J/ O �.I 1 11'�,1 i rs.
2. Best Management Practices (I
At anytime during th 2comes subject to an
approved TMDL with ) stormwater, the
permittee shall imple iollutant loading to
the maximum extent
BMP
a. Determine whether Lake V
a TMDL has been
developed and
approved or
established by EPA . Lake Wylie. TMDL
for the receiving _ rater/non-point
water(s) of the MS4 sources.
stormwater . TMDL does have an approved WLA assigned to point -source pollutants.
discharge and/or The Wastewater Treatment Plant (W WTP) has Total Phosphorus and
downstream waters Total Nitrogen discharge limits set under its individual NPDES Permit
into which the NCG110023. Pretreatment Inspections, Testing, and Cleaning Schedules
receiving water for two industries, and all restaurants and car washes connected to the
directly flows. sanitary sewer system are performed, scheduled, and monitored by the
Wastewater Pretreatment Division to ensure that acceptable levels of
Phosphates, Nitrogen, BOD, grease, etc. are entering the WWTP.
Statewide Mercury TMDL
• Pollutant: Mercury
• Assement Units: none listed
• EPA Approved:2012
• In 2012, NCDENR developed a statewide mercury TMDL to determine
how wastewater discharges, in -state air sources, and out-of-state air
sources contribute to the surface water mercury load. This TMDL
acknowledged that most mercury in stormwater comes from atmospF
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CITY OF BELMONT — NCS000409 — 2017-2022
deposition and that concentrations in stormwater are typically within the
same range as mercury concentrations in rainwater, between zero and 10
ng/L. No MS4 NPDES WLA for mercury was assigned for this TMDL.
b. Identify, describe • The City of Belmont is located on a peninsula in the southeast corner of
and map Gaston County. The peninsula is bordered by the Catawba River/Lake
watershed, outfalls, Wylie on the east and by the South Fork Catawba River on the west. The
and streams eastern half of the peninsula drains to the Catawba River/Lake Wylie.
The western half of the peninsula drains to the South Fork Catawba River.
• The MS4 drains to tributaries to, or directly to, the Catawba River, Lake
Wylie, and/or South Fork Catawba River.
• See Stormwater Atlas and Stream Map.
c. Existing Measures • Since 1995 areas within the eastern half of the peninsula, on which City of
Belmont is located, have been subject to the Water Supply Watershed
(WSIV CA & WSIV PA) rules. The WSIV ordinance requires new
development and redevelopment, that reach Built Upon Area (BUA)
criteria, to install stormwater BMPs such as Water Quality Basins,
permeable pavement, bio-retention cells, etc. See Watershed Ordinance.
• Since 2007 all other areas, not located within WSIV, are subject to the
Stormwater Ph 2 rules, under the adopted Gaston County Stormwater
Ordinance. Non -Incorporated Areas are also subject to the Gaston
County Stormwater Ordinance, which is enforced by Gaston Natural
Resources. See Stormwater Ordinance.
• Since 2003 all areas have been subject to the Gaston County Erosion and
Sedimentation Control Ordinance, which is enforced by Gaston Natural
Resources. See E&SC Ordinance.
• The City of Belmont staff works closely with Gaston Natural Resources on
all Post -Construction SWPh2 requirements.
• The City of Belmont staff works closely with Gaston Natural Resources on
all E&SC requirements and reports issues, failures, concerns, and
complaints promptly to ensure corrective action is taken.
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t
CITY OF BELMONT — NCS000409 — 2017-2022
B.MP Measurablq Gott
d. Tailor and/or 1. Public Education and Outreach — Spotlight er
osion and sedimentation
Expand Existing control, lawn care and disposal of yard waste, and illicit discharges in
BMPs within the six educational materials and at educational events to inform citizens of the
minimum measures negative impacts total phosphorus and total nitrogen can have on water
to enhance water quality. Promote the Stormwater hotline/helpline and encourage citizens
quality recovery to report observed or suspected pollution.
2. Public Involvement and Participation — maintain the volunteer storm
drain labeling program with efforts to increase participation. Promote the
Stormwater hotline/helpline and encourage citizens to report observed
or suspected pollution. Recommend to the Stormwater Committee
starting a Volunteer Stream Clean -Up or Adopt -A -Stream Program.
3. Illicit Discharge Detection and Elimination (IDDE) — maintain the IDDE
Program with effort to increase the number of stream walks and system
inspections to find and eliminate illicit discharges and/or connections.
Promote the Stormwater hotline/helpline and encourage citizens to
report observed or suspected pollution.
4. Construction Site Runoff Controls — Maintain construction site
inspections and reporting to Gaston Natural Resources. Gaston Natural
Resources permits and enforces the E&SC Ordinance.
5. Post -Construction Site Runoff Controls — maintain the current program
and ensure that new development, and redevelopment, subject to
Stormwater Ph 2 Rules or WSIV Rules are following through with
approved plans, BMP inspection and maintenance, and annual reporting.
6. Pollution Prevention and Good Housekeeping for Municipal Operations
— Maintain and evaluate Facility Stormwater Pollution Prevention Plans
(SWPPPs) to work better for each unique facility. Maintain Street
Sweeping Program.
7. Total Maximum Daily Loads (TMDLs) — monitor NCDWQ List of Approved
TMDLs to stay abreast of any new TMDLs that the City of Belmont may
become subject to. Update annually.
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