NCS000408_25_Stormwater Ordinance from Graham Development Ordinances_20210917

ARTICLE XII. STORMWATER ORDINANCE
Section 10.486 Title
This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is referred to herein
as "this ordinance."
Section 10.487 Authority
The City of Graham is authorized to adopt this ordinance pursuant to North Carolina law, including but
not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General Statutes
143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session
Law 2006-246; Chapter 160D-925 and; as well as Chapter 113A, Article 4 (Sedimentation Pollution
Control).
Section 10.488 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increases
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned controls to
manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to federal Phase II requirements, compel certain
urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those
included in this ordinance.
Therefore, the Graham City Council establishes this set of water quality and quantity regulations to meet
the requirements of state and federal law regarding control of stormwater runoff and discharge.
Section 10.489 Purpose
a) General. The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment. It has been determined
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that proper management of construction -related and post -development stormwater runoff will
minimize damage to public and private property and infrastructure, safeguard the public health,
safety, and general welfare, and protect water and aquatic resources.
b) Specific. This ordinance seeks to meet its general purpose through the following specific objectives
and means:
(1) Establishing decision -making processes for development that protects the integrity of
watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the pre -development hydrologic
response in their post -development state as nearly as practicable for the applicable design storm
to reduce flooding, streambank erosion, nonpoint and point source pollution and increases in
stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post -development stormwater
management standards;
(5) Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers,
and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural storm water BMPs to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure
appropriate long-term maintenance.
Section 10.490 Applicability and Jurisdiction
a.) General. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan applications, planned unit
developments, grading applications, and subdivision applications within the corporate limits and
extraterritorial jurisdiction of the City of Graham, unless exempt pursuant to Subsection (b) of this
Division, Exemptions, below.
b.) Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger common plan
of development or sale is exempt from the provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this ordinance.
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Development and redevelopment that disturb less than one acre are not exempt if such activities are
part of a larger common plan of development or sale, even though multiple, separate or distinct
activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act,
as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this ordinance.
c.) No Development or Redevelopment Until Compliance and Permit. No development or
redevelopment shall occur except in compliance with the provisions of this ordinance or unless
exempted. No development for which a permit is required pursuant to this ordinance shall occur
except in compliance with the provisions, conditions, and limitations of the permit.
d.) Stormwater Map. The provisions of this ordinance shall apply within the areas designated on the
map titled "Phase II Stormwater Map of City of Graham, North Carolina" ("the Stormwater Map"),
which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter
contained thereon accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to
take into account changes in the land area covered by this ordinance and the geographic location of
all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this
ordinance to a particular area of land or BMP shall be determined by reference to the North Carolina
Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary
ordinances.
Section 10.491 Interpretation
a.) Meaning and Intent. All provisions, terms, phrases, and expressions contained in this ordinance shall
be construed according to the general and specific purposes set forth in Section 10-489, Purpose. If
a different or more specific meaning is given for a term defined elsewhere in The City of Graham's
development ordinances, the meaning and application of the term in this ordinance shall control for
purposes of application of this ordinance.
b.) Text Controls in Event of Conflict. In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.
c.) Authority for Interpretation. The Stormwater Administrator has authority to determine the
interpretation of this ordinance. Any person may request an interpretation by submitting a written
request to the Stormwater Administrator who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of this ordinance.
d.) References to Statutes, Regulations, and Documents. Whenever reference is made to a resolution,
ordinance, statute, regulation, manual (including the Stormwater BMP Design Manual), or
document, it shall be construed as a reference to the most recent edition of such that has been
finalized and published with due provision for notice and comment, unless otherwise specifically
stated.
e.) Computation of Time. The time in which an act is to be done shall be computed by excluding the
first day and including the last day. If a deadline or required date of action falls on a Saturday,
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Sunday, or holiday observed by the City of Graham, the deadline or required date of action shall be
the next day that is not a Saturday, Sunday or holiday observed by the City of Graham. References to
days are calendar days unless otherwise stated.
f.) Delegation of Authority. Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of City of Graham may be carried out by his or her designee.
g.) Usage
(1) Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in
nature, establishing an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted
as follows: The word "and" indicates that all connected items, conditions, provisions or events
apply. The word "or" indicates that one or more of the connected items, conditions, provisions
or events apply.
(3) Tense, Plurals, and Gender. Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
h.) Measurement and Computation. Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or site.
Section 10.492 Definitions
When used in this Ordinance, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this Ordinance specifically indicate otherwise.
1-year, 24-hour storm. A stormwater event with an intensity expected to be equaled or exceeded, on
average, once in 12 months and with a duration of 24 hours. The 1-year, 24 hour storm produces
approximately 3.0 inches of rain in the Graham area.
Built -upon area (BUA). That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving
material to the extent that the paving material absorbs water or allows water to infiltrate through the
paving material.
Department. The North Carolina Department of Environment and Natural Resources.
Development. Any land disturbing activity which adds to or changes the amount of impervious or
partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil, other than rebuilding activity that does not qualify as redevelopment.
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Division. The Division of Water Quality in the North Carolina Department of Environment and Natural
Resources.
High -density project. Any project that exceeds the low density threshold for dwelling units per acre or
built -upon area.
Larger common plan of development orsale. Any area where multiple separate and distinct
construction or land disturbing activities will occur under one plan. A plan is any announcement or piece
of documentation (including but not limited to a sign, public notice or hearing, sales pitch,
advertisement, loan application, drawing, permit application, zoning request, or computer design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings)
indicating that construction activities may occur on a specific plot.
Low -density project. A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development. A project with an overall
density at or below the relevant low -density threshold, but containing areas with a density greater than
the overall project density, may be considered low density as long as the project meets or exceeds the
post -construction model practices for low -density projects, as defined in 0, and locates the higher
density in upland areas and away from surface waters and drainageways to the maximum extent
practicable.
Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity
holding proprietary rights in the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property. A secured lender not in possession of the property does not constitute
an owner, unless the secured lender is included within the meaning of "owner" under another
description in this definition, such as a management entity.
Redevelopment. Any development on previously -developed land other than a rebuilding activity that
results in no net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Runoff. The water from rain, snowmelt or irrigation that flows over the land surface and is not absorbed
into the ground, instead flowing into streams or other surface waters or land depressions.
Stormwater BMP Design Manual. The Stormwater Best Management Practice Design Manual approved
for use in Phase II jurisdictions by the Division for the proper implementation of the requirements of the
federal Phase II stormwater program. All references herein to the Stormwater BMP Design Manual are
to the latest published edition or revision. A BMP (Best Management Practice), or SCM (Stormwater
Control Measure) shall be a device approved by the NC Division of Environmental Quality Stormwater
Design Manual to control stormwater in a manner that complies with state regulations.
Structural BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre -development hydrology on a developed site; or to achieve any combination of
these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative
practices, filter strips, grassed swales, and other methods installed or created on real property.
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"Structural BMP" is synonymous with "structural practice", "stormwater control facility," "stormwater
control practice," "stormwater treatment practice," "stormwater management practice," "stormwater
control measures," "structural stormwater treatment systems," and similar terms used in this
ordinance.
Substantial progress. For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous
basis and not discontinued for more than thirty (30) days; or installation and approval of on -site
infrastructure; or obtaining a building permit for the construction and approval of a building foundation.
"Substantial progress" for purposes of determining whether an approved plan is null and void is not
necessarily the same as "substantial expenditures" used for determining vested rights pursuant to
applicable law.
Section 10.493 Stormwater BMP Design Manual
a.) Reference to Stormwater BMP Design Manual. The Stormwater Administrator shall use the policy,
criteria, and information, including technical specifications and standards, in the Stormwater BMP
Design Manual as the basis for decisions about stormwater permits and about the design,
implementation and performance of structural and non-structural stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable stormwater treatment practices,
including the specific design criteria for each stormwater practice. Stormwater treatment practices
that are designed, constructed, and maintained in accordance with these design and sizing criteria
will be presumed to meet the minimum water quality performance standards of the Phase II laws.
b.) Relationship of Stormwater BMP Design Manual to Other Laws and Regulations. If the
specifications or guidelines of the Stormwater BMP Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application of the
specifications or guidelines in the Stormwater BMP Design Manual.
c.) Changes to Standards and Specifications. If the standards, specifications, guidelines, policies,
criteria, or other information in the Stormwater BMP Design Manual are amended subsequent to
the submittal of an application for approval pursuant to this ordinance but prior to approval, the
new information shall control and shall be utilized in reviewing the application and in implementing
this ordinance with regard to the application.
Section 10.494 Relationship to Other Laws, Regulations and Private Agreements
a.) Conflict of Laws. This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in addition to the
requirements of any other ordinance, rule, regulation or other provision of law. Where any
provision of this ordinance imposes restrictions different from those imposed by any other
ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human or environmental health, safety, and welfare shall
control.
b.) Private Agreements. This ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this ordinance are more restrictive or
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impose higher standards or requirements than such an easement, covenant, or other private
agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify
or repeal any private covenant or deed restriction, but such covenant or restriction shall not
legitimize any failure to comply with this ordinance. In no case shall the City of Graham be obligated
to enforce the provisions of any easements, covenants, or agreements between private parties.
Section 10.495 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be
adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
Section 10.496 Effective Date and Transitional Provisions
a.) Effective Date. This ordinance shall become effective after the approval of both the City of Graham
and the Division representing the State of North Carolina or July 1, 2007, whichever is the last to
occur.
b.) Final Approvals, Complete Applications. All development and redevelopment projects which have
obtained a vested right as specified in Section 10.255 of the Graham Development Ordinance, or
projects for which complete and/or full applications were submitted and approved by the City of
Graham prior to the effective date of this ordinance, and which remain valid, unexpired, unrevoked
and not otherwise terminated at the time of development or redevelopment shall be exempt from
complying with all provisions of this ordinance dealing with the control and/or management of post -
construction runoff, but shall be required to comply with all other applicable provisions.
c.) Violations Continue. Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and enforcement under
this ordinance unless the use, development, construction, or other activity complies with the
provisions of this ordinance.
DIVISION 2. ADMINISTRATION AND PROCEDURES
Section 10.497 Review and Decision -Making Entities
a.) Stormwater Administrator
(1) Designation. The Stormwater Administrator shall be the City Manager or his designee. The
Stormwater Administrator shall administer and enforce this ordinance.
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b.) Powers and Duties. In addition to the powers and duties that may be conferred by other provisions
of the City of Graham code and other laws, the Stormwater Administrator shall have the following
powers and duties under this ordinance:
(1) To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this ordinance.
(3) To establish application requirements and schedules for submittal and review of applications
and appeals, to review and make recommendations to the Graham City Council on applications
for development or redevelopment approvals.
(4) To enforce the provisions of this ordinance in accordance with its enforcement provisions.
(5) To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this ordinance.
(6) To provide expertise and technical assistance to the Graham City Council, upon request.
(7) To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of this ordinance.
(Section 10.497 amended 51612008)
Section 10.498 Review Procedures
a.) Permit Required; Must Apply for Permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent
to a properly submitted and reviewed permit application, pursuant to this section.
b.) Effect of Permit. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs and elements
of site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -density design. The
permit does not continue in existence indefinitely after the completion of the project; rather,
compliance after project construction is assured by the maintenance provisions of this ordinance.
c.) Authority to File Applications. All applications required pursuant to this Code shall be submitted to
the Stormwater Administrator by the land owner or the land owner's duly authorized agent.
d.) Establishment of Application Requirements, Schedule, and Fees
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(1) Application Contents and Form. The Stormwater Administrator shall establish requirements for
the content and form of all applications and shall amend and update those requirements from
time to time. At a minimum, the stormwater permit application shall describe in detail how
post -development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the requirements of
this ordinance.
(2) Submission Schedule. The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring -that there is adequate time to review applications; and
that the various stages in the review process are accommodated.
e.) Permit Review Fees. The Graham City Council shall establish permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend and update the
fees and policies from time to time.
f.) Administrative Manual. For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee schedule, a copy of this
ordinance, and information on how and where to obtain the Stormwater BMP Design Manual in an
Administrative Manual, which shall be made available to the public.
Section 10.499 Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal
schedule in the form established by the Stormwater Administrator, along with the appropriate fee
established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a complete
application pursuant to this ordinance, along with the appropriate fee. If the Stormwater Administrator
finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall
be provided with an opportunity to submit a complete application. However, the submittal of an
incomplete application shall not suffice to meet a deadline contained in the submission schedule
established above.
a.) Review. Within 30 working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application complies with the
standards of this ordinance.
(1) Approval. If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the application. The
Stormwater Administrator may impose conditions of approval as needed to ensure compliance
with this ordinance. The conditions shall be included as part of the approval.
(2) Fails to Comply. If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the applicant and
shall indicate how the application fails to comply. The applicant shall have an opportunity to
submit a revised application.
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(3) Revision and Subsequent Review. A complete revised application shall be reviewed by the
Stormwater Administrator within 15 working days after its re -submittal and shall be approved,
approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) 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 for a
new submittal.
One re -submittal of a revised application may be submitted without payment of an additional
permit review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit
review fee additional fee, as established pursuant to this ordinance.
Section 10.500 Applications for Approval
a.) Concept Plan and Consultation Meeting. Before a stormwater management permit application is
deemed complete, the Stormwater Administrator or developer may request a consultation on a
concept plan for the post -construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at the time of the
sketch or 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. Other relevant resource protection plans should be consulted in the discussion of the
concept plan.
To accomplish this goal, the following information should be included in the concept plan, which
should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minimum: existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries
of existing predominant vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious surfaces.
Existing and proposed topography shall be shown at two -foot contour intervals on the tract to
be developed and a minimum of 100-feet beyond the property lines. All contour information
shall be based on mean sea level and accurate to within one-half foot.
(2) Natural Resources Inventory. A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features, topography,
wetlands, and native vegetative areas on the site, as well as the location and boundaries of
other natural feature protection and conservation areas such as lakes, ponds, floodplains,
stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive features that provide particular
opportunities or constraints for development and stormwater management.
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(3) Stormwater Management System Concept Plan. A written or graphic concept plan of the
proposed post -development stormwater management system including: preliminary selection
and location of proposed structural stormwater controls; low impact design elements; location
of existing and proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of proposed stream channel
modifications, such as bridge or culvert crossings.
b.) Stormwater Management Permit Application. The stormwater management permit application shall
detail how post -development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this ordinance, including Division 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional engineer,
surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape
architect shall perform services only in their area of competence,
The plans shall contain a signed and sealed statement certifying that the design of all stormwater
management facilities and practices will control and treat the runoff from the from the first one inch
of rain over the total drainage area, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Stormwater BMP Design Manual, and that the designs
and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist established by
the Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section 10-499.
c.) As -Built Plans and Final Approval. Upon completion of a project, and before a certificate of
occupancy shall be granted, the applicant shall certify, under seal, that the completed project is in
accordance with the approved stormwater management plans and designs and with the
requirements of this ordinance. The applicant shall submit all of the information required in the As -
Built submittal checklist established by the Stormwater Administrator. A final inspection and
approval by the Stormwater Administrator shall occur before the release of any performance
securities.
d.) Other Permits. No certificate of compliance or occupancy shall be issued by the City of Graham
without final as -built plans and a final inspection and approval by the Stormwater Administrator,
except where multiple units are served by the stormwater practice or facilities, in which case the
City of Graham may elect to withhold a percentage of permits or certificates of occupancy until as -
built plans are submitted and final inspection and approval has occurred.
Section 10.501 Approvals
c.) Effect of Approval. Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt the applicant
from obtaining other applicable approvals from local, state, and federal authorities.
d.) Time Limit/Expiration. An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within two years after the date of approval.
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Section 10.502 Appeals
Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this ordinance and made by the Stormwater Administrator may file an
appeal to the Board of Adjustment within 30 days. Such appeals shall be taken within times prescribed
by the board of adjustment by general rule, by filing with the Stormwater Administrator and with the
board of adjustment a notice of appeal specifying the ground thereof. The Stormwater Administrator
shall forthwith transmit to the board all the papers constituting the record upon which the action
appealed from was taken. The board of adjustment shall fix a reasonable time for the hearing of the
appeal or other matter referred to it, give public notice thereof, as well as due notice to the parties in
interest, and decide the same within a reasonable time. At the hearing any party in interest may appear
in person or by agent or attorney.
DIVISION 3. STANDARDS
Section 10.503 General Standards
All development and redevelopment to which this ordinance applies shall comply with the standards of
this section. In addition to the Stormwater BMP Design Manual, the design and construction of
stormwater improvements shall also be according to the City of Graham Storm Sewer Design Manual
which requirements are hereby adopted and made a part of this Ordinance as if set out in full.
Section 10.504 Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-four percent built -upon area
for all residential and non-residential development) shall comply with each of the following standards:
a.) Stormwater runoff from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
b.) All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be deemed present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or
the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared
by the United States Geologic Survey (USGS). An exception to this requirement may be allowed
when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a)
or similar site -specific determination made using Division -approved methodology.
c.) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
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Section 10.505 Development standards for High -Density Projects
High -density projects (any project that exceeds the low density thresholds for dwelling units per acre or
built -upon area) shall implement structural stormwater management systems that comply with each of
the following standards:
a.) Control and treat the runoff from the first one inch of rain;
b.) Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours;
c.) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for
the one-year, 24-hour storm;
d.) All structural stormwater treatment systems used to meet the requirements of the program shall be
designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS);
e.) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the Stormwater BMP Design Manual;
f.) All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters as prescribed in Article XIII of the City of Graham Development Ordinance. A
perennial or intermittent surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may be allowed when surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -
specific determination made using Division -approved methodology.
g.) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project
plans.
Section 10.506 Standards for Stormwater Control Measures
a.) Evaluation According to Contents of Stormwater BMP Design Manual, All Stormwater control
measures and stormwater treatment practices (also referred to as Best Management Practices, or
BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according
to the policies, criteria, and information, including technical specifications and standards and the
specific design criteria for each stormwater practice, in the Stormwater BMP Design Manual. The
Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the
requirements of this ordinance.
b.) Determination of Adequacy; Presumptions and Alternatives. Stormwater treatment practices that
are designed, constructed, and maintained in accordance with the criteria and specifications in the
Stormwater BMP Design Manual will be presumed to meet the minimum water quality and quantity
performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or
practices not designed and constructed in accordance with the criteria and specifications in the
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Stormwater BMP Design Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to provide the documentation,
calculations, and examples necessary for the Stormwater Administrator to determine whether such
an affirmative showing is made.
c.) Separation from Seasonal High Water Table. For BMPs that require a separation from the seasonal
high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil
above the seasonal high-water table.
Section 10.507 Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater management facilities shall
remain with the owner of the property or a legally established property owner's association. Such
facilities shall meet all the requirements of this ordinance and include adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and regular maintenance.
Section 10.508 Variances
a.) Any person may petition the Board of Adjustment for a variance granting permission to use the
person's land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the
petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as the location, size,
or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will
secure public safety and welfare; and will preserve substantial justice.
b.) The City of Graham may impose reasonable and appropriate conditions and safeguards upon any
variance it grants.
c.) Statutory exceptions. Notwithstanding subdivision (a.) of this section, exceptions from the 30-foot
landward location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long as it is located, designed, constructed, and maintained
to minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located 15 feet landward of all perennial
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and intermittent surface waters and as long as it is located, designed, constructed, and
maintained to minimize disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of BMPs.
Section 10.509 Nutrient Sensitive Waters
In addition to the standards for stormwater handling set out in the NCDENR Stormwater BMP Design
Manual, development and redevelopment shall be designed to implement the best stormwater
practices that reduce nutrient loading, while still meeting the other requirements of this ordinance.
Section 10.510 Nutrient Application Management Program
a.) The City of Graham recommends anyone applying fertilizer for pay complete training provided by
either the Cooperative Extension Service or the North Carolina Department of Environment and
Natural Resources - Division of Water Quality. This training will provide participants with an
understanding of the value and importance of proper management of nitrogen and phosphorus, the
water quality impacts of poor nutrient management, and the ability to understand and properly
carry out a nutrient management plan.
Section 10.511 On -site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on -site wastewater treatment
systems, a copy of the approved system permit issued by the Alamance County Environmental Health
Department shall be provided to the Stormwater Administrator.
DIVISION 4. MAINTENANCE
Section 10.512 General Standards for Maintenance
a.) Function of BMPs As Intended. The owner of each structural BMP installed pursuant to this
ordinance shall maintain and operate it so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function for which the structural BMP
was designed.
b.) Annual Maintenance Inspection and Report. The person responsible for maintenance of any
structural BMP installed pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from one of the following persons performing services only in their area of
competence: a qualified registered North Carolina professional engineer, surveyor, landscape
architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative
Extension Service for stormwater treatment practice inspection and maintenance. The inspection
report shall contain all of the following:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
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(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in compliance
with the terms and conditions of the approved maintenance agreement required by this
ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect. All inspection
reports shall be on forms approved by the Stormwater Administrator. An original inspection
report shall be provided to the Stormwater Administrator beginning one year from the date of
as -built certification and each year thereafter on or before the date of the as -built certification.
(7) Each annual report shall include color photographs of each BMP.
Section 10.513 Operation and Maintenance Agreement
a.) In General. Prior to the conveyance or transfer of any lot or building site to be served by a structural
BMP pursuant to this ordinance, and prior to issuance of any permit for development or
redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the
site must execute an operation and maintenance agreement that shall be binding on all subsequent
owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the
transference of all property, sites, or lots served by the structural BMP, the original owner or
applicant shall have primary responsibility for carrying out the provisions of the maintenance
agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair
and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule
of maintenance for the structural BMP. In addition, it shall grant to the City of Graham a right of
entry in the event that the Stormwater Administrator has reason to believe it has become necessary
to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall
the right of entry, of itself, confer an obligation on the City of Graham to assume responsibility for
the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater Administrator
prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the
Alamance County Register of Deeds upon final plat approval. A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen (14) days following its
recordation.
b.) Special Requirement for Homeowners' and Other Associations. For all structural BMPs required
pursuant to this ordinance and that are to be or are owned and maintained by a homeowners'
association, property owners' association, or similar entity, the required operation and maintenance
agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the stormwater
control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for sediment removal, structural,
biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If
structural BMPs are not performing adequately or as intended or are not properly maintained,
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the City of Graham, in its sole discretion, may remedy the situation, and in such instances the
City of Graham shall be fully reimbursed from the escrow account. Escrowed funds may be
spent by the association for sediment removal, structural, biological or vegetative replacement,
major repair, and reconstruction of the structural BMPs, provided that the City of Graham shall
first consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the escrow account. Prior to
plat recordation or issuance of construction permits, whichever shall first occur, the developer
shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial
construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund
budget shall be deposited into the escrow account within the first five (5) years and the full
amount shall be deposited within ten (10) years following initial construction of the structural
BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow account. Any funds
drawn down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow account may be
varied by the City of Graham depending on the design and materials of the stormwater control
and management facility.
(5) Granting to the City of Graham a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
(6) Allowing the City of Graham to recover from the association and its members any and all costs
the City of Graham expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Graham all of its expended costs, after forty-
five days written notice, shall constitute a breach of the agreement. In case of a deficiency, the
City of Graham shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the agreement against the
property, or both, in case of a deficiency. Interest, collection costs, and attorney fees shall be
added to the recovery.
(7) A statement that this agreement shall not obligate the City of Graham to maintain or repair any
structural BMPs, and the City of Graham shall not be liable to any person for the condition or
operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
City of Graham to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the City of Graham for any costs and injuries
arising from or related to the structural BMP, unless the City of Graham has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of any and all
rights necessary to carry out that maintenance.
Section 10.514 Inspection Program
Inspections and inspection programs by the City of Graham may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections; inspections
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based upon complaints or other notice of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are not limited to,
reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and
material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties.
Section 10.515 Performance Security for Installation and Maintenance
a.) Shall Be Required. The City of Graham shall, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement
prior to issuance of a permit in order to ensure that the structural BMPs are
(1) installed by the permit holder as required by the approved stormwater management plan,
and/or
(2) maintained by the owner as required by the operation and maintenance agreement.
b.) Amount
(1) Installation. The amount of an installation performance security shall be 125% of the total
estimated construction cost of the BMPs approved under the permit. (amended 11512016)
(2) Maintenance. The amount of a maintenance performance security shall be the present value of
an annuity of perpetual duration based on a reasonable estimate of the annual cost of
inspection, operation and maintenance of the BMPs approved under the permit, at a discount
rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long term
inflation.
c.) Uses of Performance Security
(1) Forfeiture Provisions. The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to initiate or maintain any
actions which may be required of the applicant or owner in accordance with this ordinance,
approvals issued pursuant to this ordinance, or an operation and maintenance agreement
established pursuant to this ordinance.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct
any structural BMP in accordance with the applicable permit or operation and maintenance
agreement, 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 owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation performance security, the
City of Graham shall not return any of the unused deposited cash funds or other security, which
shall be retained for maintenance.
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(3) Costs in Excess of Performance Security. If City of Graham takes action upon such failure by the
applicant or owner, the City may collect from the applicant or owner the difference between the
amount of the reasonable cost of such action and the amount of the security held, in addition to
any other penalties or damages due.
(4) Refund. Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus 25%)
of landscaping installation and ongoing maintenance associated with the BMPs covered by the
security. Any such landscaping shall be inspected one (1) year after installation with
replacement for compliance with the approved plans and specifications and, if in compliance,
the portion of the financial security attributable to landscaping shall be released.
Section 10.516 Notice to Owners
a.) Recorded Deed and Indications on Plat. The applicable operations and maintenance agreement
pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with
the Alamance County Register of Deeds upon final plat approval. If no subdivision plat is recorded
for the site, then the operations and maintenance agreement shall be recorded with the Alamance
County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
b.) Signage. Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, structural BMPs shall be posted with a conspicuous sign stating who
is responsible for required maintenance and annual inspection. The sign shall be maintained so as to
remain visible and legible.
Section 10.517 Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least five years from the date of creation of the record and shall submit the same upon reasonable
request to the Stormwater Administrator.
Section 10.518 Nuisance
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as
not to create or result in a nuisance condition.
Section 10.519 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate
maintenance and repair by a maintenance easement. This access maintenance easement shall have a
minimum width of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be cleared,
and be traversable by construction equipment. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes.
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DIVISION 5. ENFORCEMENT AND VIOLATIONS
Section 10.520 General
a.) Authority to Enforce. The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of Graham. Whenever this
section refers to the Stormwater Administrator, it includes his or her designee as well as any
authorized agent of City of Graham.
b.) Violation Unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or other development
or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance.
c.) Each Day a Separate Offense. Each day that a violation continues shall constitute a separate and
distinct violation or offense.
d.) Responsible Persons/Entities. Any person who erects, constructs, reconstructs, alters (whether
actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure,
BMP, practice, or condition in violation of this ordinance shall be subject to the remedies, penalties,
and/or enforcement actions in accordance with this section. Persons subject to the remedies and
penalties set forth herein may include any architect, engineer, builder, contractor, developer,
agency, or any other person who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner, any tenant or occupant,
or any other person, who has control over, or responsibility for, the use or development of the
property on which the violation occurs.
For the purposes of this Ordinance, responsible person(s) shall include but not be limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this ordinance, or fails to
take appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility for Land or Use of Land. The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person, who has control
over, or responsibility for, the use, development or redevelopment of the property.
Section 10.521 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall be
cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
a.) Remedies
(1) Withholding of Certificate of Occupancy. The Stormwater Administrator or other authorized
agent may refuse to issue a certificate of occupancy for the building or other improvements
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constructed or being constructed on the site and served by the stormwater practices in question
until the applicant or other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals. As long as a violation of this
ordinance continues and remains uncorrected, the Stormwater Administrator or other
authorized agent may withhold, and the Planning Board of the City of Graham may disapprove,
any request for permit or development approval or authorization provided for by this ordinance
or the Planning Board of the City of Graham for the land on which the violation occurs.
(3) Injunction, Abatements, etc. The City Council, may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a
violation of this ordinance. Any person violating this ordinance shall be subject to the full range
of equitable remedies provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety and is within the geographic limits prescribed by
North Carolina G.S. § 160A-193, the Stormwater Administrator, with the authorization of the
City Council, may cause the violation to be corrected and the costs to be assessed as a lien
against the property.
(5) Stop Work Order. The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the person has taken
the remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or modified to enable the
person to take the necessary remedial measures to cure such violation or violations.
b.) Civil Penalties. Violation of this ordinance may subject the violator to a civil penalty to be recovered
in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after
notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up
to the full amount of penalty to which the City of Graham is subject for violations of its Phase II
Stormwater permit.
c.) Criminal Penalties. Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
Section 10.522 Procedures
a.) Initiation/Complaint. Whenever a violation of this ordinance occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the alleged violation and
the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the
complaint. The complaint shall be investigated promptly by the Stormwater Administrator.
b.) Inspection. The Stormwater Administrator, or other authorized personnel, shall have the authority,
upon presentation of proper credentials, to enter and inspect any land, building, structure, or
premises to ensure compliance with this ordinance.
c.) Notice of Violation and Order to Correct. When the Stormwater Administrator finds that any
building, structure, or land is in violation of this ordinance, the Stormwater Administrator shall
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notify, in writing, the property owner or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the site upon which
the violation is occurring, order the necessary action to abate the violation, and give a deadline for
correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain
a statement of the civil penalties to be assessed, the time of their accrual, and the time within which
they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order personally,
by the City Police Department, City Planning Department, by certified or registered mail, return
receipt requested, or by any means authorized for the service of documents by Rule 4 of the North
Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
Stormwater Administrator may take appropriate action under this ordinance to correct and abate
the violation and to ensure compliance with this ordinance.
d.) Extension of Time. A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the Stormwater Administrator a written
request for an extension of time for correction of the violation. On determining that the request
includes enough information to show that the violation cannot be corrected within the specified
time limit for reasons beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow timely correction of the
violation, up to, but not exceeding 30 days. The Stormwater Administrator may grant 15-day
extensions in addition to the foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the person violating this ordinance. The
Stormwater Administrator may grant an extension only by written notice of extension. The notice of
extension shall state the date prior to which correction must be made, after which the violator will
be subject to the penalties described in the notice of violation and correction order.
e.) Enforcement After Time to Correct. After the time has expired to correct a violation, including any
extension(s) if authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the Stormwater
Administrator may act to impose one or more of the remedies and penalties authorized by this
ordinance.
f.) Emergency Enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare,
then the Stormwater Administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
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Sections 10.523—10.550 Reserved
DIVISION 6: ILLICIT DISCHARGE DETECTION AND ELIMINATION ORDINANCE
Section 10.551 Title
This ordinance shall be officially known as "The Phase II Stormwater Illicit Discharge Detection and
Elimination Ordinance." It is referred to herein as "this ordinance."
Section 10.552 Authority
The City of Graham is authorized to adopt this ordinance pursuant to North Carolina law, including but
not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General Statutes
143-214.7 and rules promulgated by the Environmental Management Commission there under; Session
Law 2004-163; Chapter 160A-174 and 160A-185.
Section 10.553 Purpose
The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of
the City of Graham through the regulation of non -storm water discharges to the storm drainage system
to the maximum extent practicable as required by federal and state law. This ordinance establishes
methods for controlling the introduction of pollutants into the municipal separate storm sewer system
(MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by
stormwater discharges by any user
(2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system
(3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures
necessary to ensure compliance with this ordinance
Section 10.554 Definitions
For the purposes of this ordinance, the following shall mean:
Best Management Practices (BMPs)/ Stormwater Control Measure (SCM): schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce the
discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures, and practices to control site
runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent
amendments thereto.
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Hazardous Materials: Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain system, except as
exempted in Section 10-419 of this ordinance.
Illicit Connections: An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system including but not limited to any conveyances which allow any non -storm
water discharge including sewage, process wastewater, and wash water to enter the storm drain system
and any connections to the storm drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved by an authorized enforcement
agency or,
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26
(b)(14).
Municipal Separate Storm Sewer System (MS4): Pursuant to 40 CFR 122.26(b)(8) means a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage
structures or storm drains):
(i) Owned or operated by a city, town, county, district, association, or other public body (created
by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes,
stormwater, or other wastes, that discharges to waters of the United States or waters of the
State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a
permit issued by the North Carolina Department of Environment and Natural Resources, Division of
Water Quality that authorizes the discharge of pollutants to waters of the State, whether the permit is
applicable on an individual, group, or general area -wide basis.
Non -Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of
storm water.
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Person: means any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited
to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid
wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coli form and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stormwater Administrator: Unless otherwise designated by the Graham City Council, the Stormwater
Administrator shall be the City Manager or his/her designee. The Stormwater Administrator shall
administer and enforce this ordinance.
Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and
activities to be implemented by a person or business to identify sources of pollution or contamination at
a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater: means any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
Section 10.555 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, the waters of the State, or upon the
land in manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than stormwater; provided that
non-stormwater discharges associated with the following activities are allowed and provided that
they do not significantly impact water quality:
(1) Water line 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;
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(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10)Irrigation water;
(11)Flows from emergency firefighting;
(12)Springs;
(13)Water from crawl space pumps;
(14)Footing drains;
(15)Lawn watering;
(16)Individual residential car washing;
(17)Flows from riparian habitats and wetlands;
(18)Dechlorinated swimming pool discharges;
(19)Street wash water; and
(20)Other non-stormwater discharges for which a valid NPDES discharge permit has been approved
and issued by the State of North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by The City of Graham.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(b) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in section (a) 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 the person using said connection shall remove the connection within one
year following the effective date of this ordinance. However, the one-year grace period shall
not apply to connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to result in
immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
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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 regulation or ordinance, other than this section;
The Stormwater Administrator shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take into
consideration:
i. The quantity and complexity of the work,
ii. The consequences of delay,
iii. The potential harm to the environment, to the public health, and to public and private
property, and
iv. The cost of remedying the damage.
(c) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their pre-existing condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
immediately notify the Graham Fire Department of the release or discharge, as well as making any
required notifications under state and federal law. Notification shall not relieve any person of any
expenses related to the restoration, loss, damage, or any other liability which may be incurred as a
result of said spill or leak, nor shall such notification relieve any person from other liability which
may be imposed by State or other law.
(d) Industrial or Construction Activity Discharges. Any person subject to an industrial or construction
activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof
of compliance with said permit may be required in a form acceptable to the City of Graham prior to
the allowing of discharges to the MS4.
Section 10.556 Right of entry
(a) Authority to Inspect. Whenever necessary to make an inspection to enforce any provision of this
Ordinance, or whenever the Stormwater Administrator has cause to believe that there exists, or
potentially exists, in or upon any premises any condition which constitutes a violation of this
Ordinance, the Stormwater Administrator may enter such premises at all reasonable times to
inspect the same and to inspect and copy records related to storm water compliance. In the event
the owner or occupant refuses entry after a request to enter and inspect has been made, the City is
hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such
entry.
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(b) Authority to Sample, Establish Sampling Devices, and Test. During any inspection as provided herein,
the Stormwater Administrator may take any samples and perform any testing deemed necessary to
aid in the pursuit of the inquiry or to record site activities.
Section 10.557 Enforcement
(a) Notice of Violation. Whenever the Stormwater Administrator finds that a person has violated a
prohibition or failed to meet a requirement of this Ordinance, the Stormwater Administrator may
order compliance by written notice of violation to the responsible person. Such notice may require
without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property; and
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set
forth a deadline within which such remediation or restoration must be completed. Said notice shall
further advise that, should the violator fail to remediate or restore within the established deadline,
the work will be done by the City or a contractor designated by the Stormwater Administrator and
the expense thereof shall be charged to the violator.
The Stormwater Administrator may exercise any enforcement measure included in Division 5 of this
Article.
(b) Violations Deemed a Public Nuisance. Illicit discharges and illicit connections which exist within the
Graham City Limits and Extra -territorial Jurisdiction are hereby found, deemed, and declared to be
dangerous or prejudiced to the public health or public safety and are found, deemed, and declared
to be public nuisances and may be summarily abated or restored by the City at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken by the City.
Sections 10.558-10.569 Reserved
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