HomeMy WebLinkAboutNCS000396_Goldsboro Draft SWMP v2_20211116
Draft Stormwater Management Plan
City of Goldsboro
NCS000396
11/12/2021
Table of Contents
PART 1: INTRODUCTION ........................................................................................................................ 1
PART 2: CERTIFICATION ........................................................................................................................ 2
PART 3: MS4 INFORMATION .................................................................................................................. 3
3.1 Permitted MS4 Area ..................................................................................................................... 3
3.2 Existing MS4 Mapping ................................................................................................................. 3
3.3 Receiving Waters .......................................................................................................................... 4
3.4 MS4 Interconnection ..................................................................................................................... 5
3.5 Total Maximum Daily Loads (TMDLs) ....................................................................................... 5
3.6 Endangered and Threatened Species and Critical Habitat ............................................................ 6
3.7 Industrial Facility Discharges ....................................................................................................... 6
3.8 Non-Stormwater Discharges ......................................................................................................... 7
3.9 Target Pollutants and Sources ....................................................................................................... 8
PART 4: STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ..................................... 9
4.1 Organizational Structure ............................................................................................................... 9
4.2 Program Funding and Budget ..................................................................................................... 10
4.3 Shared Responsibility ................................................................................................................. 11
4.4 Co-Permittees .............................................................................................................................. 12
4.5 Measurable Goals for Program Administration .......................................................................... 12
PART 5: PUBLIC EDUCATION AND OUTREACH PROGRAM ......................................................... 14
PART 6: PUBLIC INVOLVEMENT AND PARTICIPATION PROGRAM ........................................... 24
PART 7: ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM .............................. 24
PART 8: CONSTRUCTION SITE RUNOFF CONTROL PROGRAM ................................................... 41
PART 9: POST-CONSTRUCTION SITE RUNOFF CONTROL PROGRAM ........................................ 43
PART 10: POLLUTION PREVENTION AND GOOD HOUSEKEEPING PROGRAMS ...................... 74
List of Tables
Table 1: Summary of MS4 Mapping
Table 2: Summary of MS4 Receiving Waters
Table 3: Summary of Approved TMDLs
Table 4: Summary of Federally Listed Species/Habitat Impacted by Surface Water Quality
Table 5: NPDES Stormwater Permitted Industrial Facilities
Table 6: Non-Stormwater Discharges
Table 7: Summary of Target Pollutants and Sources
Table 8: Summary of Responsible Parties
Table 9: Shared Responsibilities
Table 10: Co-Permittee Contact Information
Table 11: Program Administration BMPs
Table 12: Summary of Target Pollutants & Audiences
Table 13: Public Education and Outreach BMPs
Table 14: Public Involvement and Participation BMPs
Table 15: Illicit Discharge Detection and Elimination BMPs
Table 16: Qualifying Alternative Program Components for Construction Site Runoff Control Program
Table 17: Construction Site Runoff Control BMPs
Table 18: Qualifying Alternative Program(s) for Post-Construction Site Runoff Control Program
Table 19: Summary of Existing Post-Construction Program Elements
Table 20: Post Construction Site Runoff Control BMPs
Table 21: Pollution Prevention and Good Housekeeping BMPs
Appendices
A. Ordinance to Implement Stormwater Management Regulations for New Development
B. Flood Damage Prevention Ordinance
C. Ordinance to Implement Regulations Regarding Illegal Stormwater Discharges Related to the City
of Goldsboro’s Stormwater Management Program
D. Example Letter to Likely Sources of Illegal Discharges
E. Dry Weather Flow Screening Program
F. Stormwater Management Utility
G. Cooperative Agreement with the Clean Water Education Partnership (CWEP)
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 1
PART 1: INTRODUCTION
The purpose of this Stormwater Management Plan (SWMP) is to establish and define the means by which
the MS4name will comply with its National Pollutant Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer System (MS4) Permit and the applicable provisions of the Clean Water Act to meet
the federal standard of reducing pollutants in stormwater runoff to the maximum extent practicable.
This SWMP identifies the specific elements and minimum measures that the MS4name will develop,
implement, enforce, evaluate and report to the North Carolina Department of Environmental Quality
(NCDEQ) Division of Energy, Minerals and Land Resources (DEMLR) in order to comply with the MS4
Permit number NCS000396, as issued by NCDEQ. This permit covers activities associated with the
discharge of stormwater from the MS4 as owned and operated by the MS4name and located within the
corporate limits of the MS4name.
In preparing this SWMP, the MS4name has evaluated its MS4 and the permit requirements to develop a
comprehensive 5-year SWMP that will meet the community’s needs, address local water quality issues
and provide the minimum measures necessary to comply with the permit. The SWMP will be evaluated
and updated annually to ensure that the elements and minimum measures it contains continue to
adequately provide for permit compliance and the community’s needs.
Once the SWMP is approved by NCDEQ, all provisions contained and referenced in this SWMP, along
with any approved modifications of the SWMP, are incorporated by reference into the permit and become
enforceable parts of the permit. Any major changes to the approved SWMP will require resubmittal,
review and approval by NCDEQ, and may require a new public comment period depending on the nature
of the changes.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 2
PART 2: CERTIFICATION
By my signature below I hereby certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations.
I am also aware that the contents of this document shall become an enforceable part of the NPDES MS4
Permit, and that both the Division and the Environmental Protection Agency have NPDES MS4 Permit
compliance and enforcement authority.
☐ I am a ranking elected official.
☐ I am a principal executive officer for the permitted MS4.
☐ I am a duly authorized representative for the permitted MS4 and have attached the authorization made
in writing by a principal executive officer or ranking elected official which specifies me as (check one):
☐ A specific individual having overall responsibility for stormwater matters.
☐ A specific position having overall responsibility for stormwater matters.
Signature:
Print
Name:
Title:
Signed this ____ day of 20____ .
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 3
PART 3: MS4 INFORMATION
3.1 Permitted MS4 Area
This SWMP applies throughout the limits of City of Goldsboro, including all regulated activities
associated with the discharge of stormwater from the jurisdiction. The enclosed map shows the area
regulated by the jurisdiction for implementation of the Neuse Nutrient Management Strategy as of the
date of this document
[Insert map of current corporate limits]
3.2 Existing MS4 Mapping
The current MS4 mapping includes water distribution pipes, sanitary sewage system, stormwater drainage
system, outfalls and associated appurtenances
Table 1: Summary of Current MS4 Mapping
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 4
Percent of MS4 Area Mapped 90 %
No. of Major Outfalls* Mapped 170 total
*An outfall is a point where the MS4 discharges from a pipe or other conveyance (e.g. a ditch) directly
into surface waters. Major outfalls are required to be mapped to meet permit requirements. A major
outfall is a 36-inch diameter pipe or discharge from a drainage area > 50-acres; and for industrial zoned
areas a 12-inch diameter pipe or a drainage area > 2-acres.
3.3 Receiving Waters
The City of Goldsboro is located within the Neuse River Basin and discharges directly into receiving
waters as listed in Table 2 below. Applicable water quality standards listed below are compiled from the
following NCDEQ sources:
o Waterbody Classification Map
o Impaired Waters and TMDL Map
o Most recent NCDEQ Final 303(d) List
Table 2: Summary of MS4 Receiving Waters
Receiving Stream Name Stream
Segment
Water Quality
Classification
Use Support
Rating
303(d) Listed Para-
meter(s) of Interest
Neuse River Goldsboro WS
intake to Coxes
Creek 27-(56)
C; NSW FS
Smith Mill Run Source to Little
River 27-57-21
WS-IV: NSW FS
Little River Spring Branch
to .6 mile DS
of Smith Will
Run 27-57-
(20.2)
WS-IV; NSW FS
.6 mile DS of
Smith Will Run
to Goldsboro
WS intake 27-
57-(21.1)
WS-IV; NSW,
CA
FS
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 5
Goldsboro WS
Intake to US
Hwy 70 27-57-
(21.1)
C; NSW FS
US Hwy 70 DS
to 1 mile from
US Hwy 70 27-
57-(21.4)
B; NSW FS
1 mile DS from
US Hwy 70 to
Neuse River
27-57-(22)
C; NSW FS
Stoney Creek Source to
Neuse River
27-62
C; NSW FS
Howell Creek Source to
Stoney Creek
27-62-1
C; NSW NR
Reedy Branch Source to
Stoney Creek
27-62-2
C; NSW NR
Billy Branch Source to
Stoney Creek
27-62-3
C; NSW NR
Big Ditch Source to
Neuse River
27-58
C; NSW FS
Old Mill Branch (Mills
Pond)
Source to West
Bear Creek
27-72-2-1
C; Sw; NSW NR
3.4 MS4 Interconnection
The MS4name MS4 is not interconnected with another regulated MS4 and directly discharges to the
receiving waters as listed in Table 2 above.
3.5 Total Maximum Daily Loads (TMDLs)
The TMDL(s) listed in Table 3 below have been approved within the MS4 area, as determined by the map
and list provided on the NCDEQ Modeling & Assessment Unit web page. The table also indicates
whether the approved TMDL has a specific stormwater Waste Load Allocation (WLA) for any watershed
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 6
directly receiving discharges from the permitted MS4, and whether a Water Quality Recovery Program
has been implemented to address the WLA.
Table 3: Summary of Approved TMDLs
Water Body Name TMDL Pollutant(s) of Concern Stormwater
Waste
Load
Allocation
(Y/N)
Water
Quality
Recovery
Program
(Y/N)
Little River Nitrogen N N
Neuse Nitrogen N N
The City of Goldsboro will evaluate strategies and tailor BMPs within the scope of the six minimum
measures under the auspices of the Neuse Nutrient Management Strategy which is part of this SWMP.
3.6 Endangered and Threatened Species and Critical Habitat
Significant populations of threatened or endangered species and/or critical habitat are identified within the
regulated MS4 urbanized area. Based upon a review of the Endangered and Threatened Species and
Species of Concern by County for North Carolina Map and Listed species believe to or known to occur in
North Carolina map as provided by the U.S. Fish and Wildlife Service, the species listed in Table 4 have
the potential to occur within the regulated MS4 urbanized area. Of those species listed, Table 4
summarizes the species that may be significantly impacted by the quality of surface waters within their
habitat.
Table 4: Potential Federally Listed Species/Habitat Impacted by Surface Water Quality
Scientific Name Common name Species Group Federal Listing
Status
Elliptio lanceolata Yellow lance Clams Threatened
Necturus lewisi Neuse River
waterdog
Amphibians Threatened
Picoides borealis Red-cockaded
woodpecker
Birds Endangered
Alasmidonta
heterodon
Dwarf wedgemussel Clams Endangered
Noturus furiosus Carolina madtom Fishes Endangered
Elliptio steinstansana Tar River
spinymussel
Clams Endangered
3.7 Industrial Facility Discharges
The City of Goldsboro jurisdictional area includes the following industrial facilities which hold NPDES
Industrial Stormwater Permits, as determined from the NCDEQ Maps & Permit Data web page.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 7
Table 5: NPDES Stormwater Permitted Industrial Facilities
Permit Number Facility Name
NCG080665 Central Maintenance Facility
NCG110024 Compost Facility
NCG080371 UPS Goldsboro
NCG050206 Cooper Standard Automotive Inc.
NCG060265 Gruma Corp
NCG140015 Southern Equipment Company
NCG140401 Southern Equipment Company
NCG080864 Moffet Oil Company
NCG200343 Elite Narco II LLC
NCG030301 AP Emission Technologies LLC
NCG060111 Franklin Baking Co
NCG200348 NC Salvage Co Inc.
3.8 Non-Stormwater Discharges
The water quality impacts of non-stormwater discharges have been evaluated by the City of
Goldsboro as summarized below. The unpermitted non-stormwater flows listed as incidental do
not significantly impact water quality. The City of Goldsboro has evaluated residential and charity
car washing and street washing for possible significant water quality impacts and found they do
not contribute a significant discharge at this time.
Street washing discharges are addressed under the Pavement Management Program.
Wash water associated with car washing that does not contain detergents or does not discharge
directly into the MS4 is considered incidental. However, these types of non-stormwater
discharges that do contain detergents have not been evaluated by the City of Goldsboro to
determine whether they may significantly impact water quality.
Table 6: Non-Stormwater Discharges
Non-Stormwater Discharge Water Quality Impacts
Water line and fire hydrant flushing Incidental
Landscape irrigation Incidental
Diverted stream flows Incidental
Rising groundwater Incidental
Uncontaminated groundwater infiltration Incidental
Uncontaminated pumped groundwater Incidental
Uncontaminated potable water sources Incidental
Foundation drains Incidental
Air conditioning condensate Incidental
Irrigation waters Incidental
Springs Incidental
Water from crawl space pumps Incidental
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 8
Footing drains Incidental
Lawn watering Incidental
Residential and charity car washing Incidental
Flows from riparian habitats and wetlands Incidental
Dechlorinated swimming pool discharges Incidental
Street wash water Incidental
Flows from firefighting activities Incidental
3.9 Target Pollutants and Sources
In addition to those target pollutants identified above, the City of Goldsboro is not aware of other
significant water quality issues within the permitted MS4 area.
Table 7 below summarizes the water quality pollutants identified throughout Part 3 of this SWMP, the
likely activities/sources/targeted audiences attributed to each pollutant, and identifies the associated
SWMP program(s) that address each. In addition, the City of Goldsboro has evaluated schools,
homeowners and businesses as target audiences that are likely to have significant stormwater impacts.
Table 7: Summary of Target Pollutants and Sources
Target Pollutant(s) Likely Source(s)/Target Audience(s) SWMP Program Addressing
Target Pollutant(s)/Audience(s)
Nitrogen Runoff New Development and Developers Construction Site Runoff and
Post-Construction Site Runoff
Control
Nitrogen Runoff Design Engineers Public Education and Outreach
Industrial Pollution Local Industry Public Education and Outreach
Sediment Construction Sites and Project
Managers
Construction Site Runoff
Fecal Coliform City Staff from Public Utilities and
Public Works
Pollution Prevention and Good
Housekeeping
Petroleum Products Homeowners, Residents, Service
Stations
IDDE and Public Education
Fertilizer City Services (Golf Course,
Cemeteries)
Pollution Prevention and Good
Housekeeping
Fertilizer Homeowners Public Education
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 9
PART 4: STORMWATER MANAGEMENT PROGRAM ADMINISTRATION
4.1 Organizational Structure
The City of Goldsboro operates under the City Manager who is appointed by the Mayor/City
Council. Within the City, the Engineering Director, has primary responsibility for the Stormwater
Management Plan. The Director of Public Works manages the Stormwater Utility Fund and is
responsible for the MS4/City Stormwater System operation and maintenance. He also manages
the Dry Weather Screening under the Illicit Discharge Detection and Elimination (IDDE) program.
Table 8: Summary of Responsible Parties
SWMP Component Responsible Position Department
Stormwater Program
Administration
Engineering Director / Designee Engineering
SWMP Management Engineering Director / Designee Engineering
Public Education & Outreach CWEP representative Engineering
Public Involvement &
Participation
CWEP representative Engineering
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 10
Illicit Discharge Detection &
Elimination
Public Works Director / Designee Public Works
Construction Site Runoff Control NCDEMLR Engineering
Post-Construction Stormwater
Management
Engineering Director / Designee Engineering
Pollution Prevention/Good
Housekeeping for Municipal
Operations
Public Works Director / Designee Public Works
Municipal Facilities Operation &
Maintenance Program
Public Works Director / Designee Public Works
Spill Response Program Public Works Director / Designee Public Works
MS4 Operation & Maintenance
Program
Public Works Director / Designee Public Works
Municipal SCM Operation &
Maintenance Program
Engineering Director / Designee Engineering
Pesticide, Herbicide & Fertilizer
Management Program
Public Works Director / Designee Public Works
Vehicle & Equipment Cleaning
Program
Public Works Director / Designee Public Works
Pavement Management Program Public Works Director / Designee Public Works
Total Maximum Daily Load
(TMDL) Requirements
Engineering Director / Designee Engineering
4.2 Program Funding and Budget
In accordance with the issued permit, the City of Goldsboro shall maintain adequate funding and
staffing to implement and manage the provisions of the SWMP and comply with the requirements
of the NPDES MS4 Permit.
For the 2021-22 fiscal year, the budget for the stormwater division is around 1 million dollars with
1.5 million being collected annually from the stormwater utility fee, the overages going into special
projects and construction related items. This stormwater fee is outlined in appendix F.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 11
4.3 Shared Responsibility
The City of Goldsboro will share the responsibility to implement the following Best Management
Practices. The City remains responsible for compliance if the other entity fails to perform the Local
Program obligation and may be subject to enforcement action if neither the City nor the other entity fully
performs the Local Program obligation. The table below summarizes who will be implementing the
component, what the component program is called, the specific Local Program SCM or requirement that
is being met by the shared responsibility, and whether a legal agreement to share responsibility is in place.
Table 9: Shared Responsibilities
SWMP BMP or
Permit Requirement Implementing Entity & Program Name
Legal
Agreement
(Y/N)
Construction Site Runoff
Control
The City relies upon to NC DEQ Division of Energy,
Mineral, and Land Resources (DEMLR) Erosion and
Sediment Control Program as administered by them and the
General Permit Requirements for Construction Discharges
that occur from land disturbing activities.
Y
Public Education and
Outreach
Clean Water Education Partnership Y
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 12
4.4 Co-Permittees
The no other entities applying for co-permittee status under the NPDES MS4 permit number NCS000396
for the City of Goldsboro. Table 10 summarizes contact information for each co-permittee.
Table 10: Co-Permittee Contact Information
Co-Permittee MS4
Name
Contact Person Phone & E-Mail Interlocal Agreement
(Y/N)
N/A N/A N/A N/A
4.5 Measurable Goals for Program Administration
The City of Goldsboro will manage and report the following Best Management Practices (BMPs) for the
administration of the Stormwater Management Program.
Table 11: Program Administration BMPs
Permit
Ref. 2.1.2 and Part 4: Annual Self-Assessment
Measures to evaluate the performance and effectiveness of the SWMP program components at least annually.
Results shall be used by the permittee to modify the program components as necessary to accomplish the intent
of the Stormwater Program. The self-assessment reporting period is the fiscal year (July 1 – June 30).
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. Annual Self-Assessment
Perform an annual evaluation of
SWMP implementation, suitability of
SWMP commitments and any
proposed changes to the SWMP
utilizing the NCDEQ Annual Self-
Assessment Template.
1. Prepare, certify and
submit the Annual Self-
Assessment to NCDEQ
prior to August 31 each
year.
1. Annually
Permit Years 1 – 4
1. Yes/No
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 13
Table 11: Program Administration BMPs
Permit
Ref. 1.6: Permit Renewal Application
Measures to submit a permit renewal application no later than 180 days prior to the expiration date of the
NPDES MS4 permit.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. Permit Renewal Application
Audit stormwater program
implementation for compliance with
the permit and approved SWMP, and
utilize the results to prepare and
submit a permit renewal application
package.
1. Participate in an
NPDES MS4 Permit
Compliance Audit, as
scheduled and performed
by EPA or NCDEQ.
1. TBD – Typically
Permit Year 4
1. Yes/No
2. Self-audit and
document any
stormwater program
components not audited
by EPA or NCDEQ
utilizing the DEQ Audit
Template. Submit Self-
Audit to DEMLR
(required component of
permit renewal
application package).
2. Permit Year 5 2. Yes/No/Partial
3. Certify the stormwater
permit renewal
application (Permit
renewal application
form, Self-Audit, and
Draft SWMP for the next
5-year permit cycle) and
submit to NCDEQ at
least 180 days prior to
permit expiration.
3. Permit Year 5 3.
Date of permit renewal
application submittal
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 14
PART 5: PUBLIC EDUCATION AND OUTREACH PROGRAM
The MS4name will implement a Public Education and Outreach Program to distribute educational
materials to the community or conduct equivalent outreach activities about the impacts of storm water
discharges on water bodies and steps the public can take to reduce pollutants in storm water runoff.
The target audiences and identified pollutants listed in Part 3.9 of this SWMP, which will be addressed by
the Public Education and Outreach Program, are summarized in Table 12 below. In addition, the
MS4name is required to inform businesses and the general public of the hazards associated with illicit
discharges, illegal dumping and improper disposal of waste.
Table 12: Summary of Target Pollutants & Audiences
Target Pollutant/Sources Target Audiences
Nitrogen Runoff New Development and Developers
Nitrogen Runoff Design Engineers
Industrial Pollution Local Industry
Sediment Construction Sites and Project Managers
Fecal Coliform City Staff from Public Utilities and Public Works
Petroleum Products Homeowners, Residents, Service Stations
Fertilizer City Services (Golf Course, Cemeteries)
Fertilizer Homeowners
The MS4name will manage, implement and report the following public education and outreach BMPs.
5.1 Public Education Action Plan
The Neuse Stormwater Rule requires that Goldsboro develop a locally administered environmental
education program (a Public Education Action Plan) to address nitrogen loading issues. This Action Plan
will outline the proposed education activities for the upcoming year, and will identify target audiences and
anticipated costs of the program. Goldsboro submitted their annual Action Plan to DWQ for approval prior
to October 1, 2001 and annually since then. The Action Plan consists of activities listed in Table 5.1.
Innovative activities not included in this table may be considered on a case-by-case basis. In addition to
the Category 1 and 2 activities (note that planned activities are no longer divided into Category 1 and 2 for
the latest SWMP), this Action Plan included two technical workshops in the first year and a toll-free hotline
for reporting illegal discharges.
Public Education Action Plan Category 1 and 2 Activities (Table 5.1)
Category 1 Category 2
Demonstration Sites (for SCMs) Fact Sheets
“Adopt-a-Program” Environmental Freebies
Quarterly local newspaper articles Fertilizer Tags
Storm drain marking Flyers
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 15
Recognition Program (recognize environment
friendly participants)
Postmarks
Web page Utility bill inserts
Local Cable TV program Close-out Packages (new homeowners)
Toll free hotline for reporting environmental
problems
Speak to civic organizations quarterly
Environmental field day
Technical Workshop (only applicable after 1st
year)
Environmental Contest
Information sources will be provided to property owners and developers explaining the benefit to them of
incorporating site planning practices into their new development plans from the onset. Information sources
may also provide various SCMs available for nitrogen reduction as well as information on new SCM
techniques or improvements in established SCM techniques.
For the training of City personnel to identify and remove illegal discharges (Section 3.4), training
materials such as pamphlets, flyers, and/or booklets will be disseminated to all involved personnel by the
General Services Department. It is anticipated that most (if not all) of these materials will be obtained
from agencies such as DWQ and the US EPA. In addition, the written training materials may be
accompanied by seminars and hands-on field training.
5.1.1 Planned Activities
The ultimate goal of the Public Education Program utilizes major media advertising (television, radio, and
newspaper) to reach a broad audience. Goldsboro uses effective major media advertising through a
cooperative effort with the Clean Water Education Partnership (CWEP). At Appendix H is a copy of the
cooperative agreement.
As part of Goldsboro’s integrative approach to managing their Stormwater Management Program, two
separate advisory committees were formed to aid in the development of the City’s Stormwater Plan: The
Steering Committee, an internal management group; and a Stakeholder’s Committee, a select community
group. Both committees were convened on July 12 and August 17, 2000 to provide direct input into this
Program development. The Steering Committee was composed of representatives from the City Manager’s
office, and the General Services, Recreation and Parks, Planning, Engineering, Community Affairs, and
Finance Departments. The Charge to the Steering Committee included the need to assign responsibilities
for program elements, consider manpower and budgetary needs, obstacles to implementation, and steps that
could be taken to remove obstacles and/or provide incentives for program participation. The Steering
Committee completed their activities in 2001.
For the Stakeholder’s Committee, individuals from the following concerns participated, along with
representatives from the City Manager’s office: the Chamber of Commerce, Seymour Johnson Air Force
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 16
Base, Industry, Commercial Development, Wayne Community College, the Economic Development Corp.,
the Neuse River Foundation, a large and small developer, an engineer, and a concerned property owner
(and flood victim). Although compliance with the Neuse River Rule and EPA’s Phase II Rule is mandatory,
the City wanted to establish a means for active involvement and input by affected citizenry. It was
explained to the Stakeholder’s that only by voicing their concerns about program implementation, and by
sharing their ideas for public education/participation and specific program incentives, could the program
be tailored to best serve the citizens of Goldsboro. This committee concluded their activities in 2001.
A new group called the Ad-hoc Advisory Committee was formed to provide feedback and advice on the
SWMP. This group consisted of those developers and engineers attending the annual Technical Workshop
put on by the City of Goldsboro. This group was planned to be a starting place for later community
involvement in carrying out the program, and can help provide support for enforcement and funding
initiatives.
In addition, Goldsboro already has several entities in place which are useful in disseminating information
to the public and for garnering their involvement. The City may utilize these groups as avenues for public
education and outreach, and public participation/involvement.
• The Commission of Community Affairs was established to “inform the general public of existing
local, state and federal policies, regulations and programs and how these particular policies,
regulations and programs directly affect the lives of area residents.” In addition, their purpose is
to create a forum which permits open discussion and invites the free expression of public opinion,
as well as to achieve and sustain an effective degree of citizen involvement.
• The Planning Commission was established to serve as an advisory board to make recommendations
to the City Council on any matter presented to them by the Director of Planning and Community
Development, by any local governing board, or by any Board member.
• The Advisory Committee on Community Development consists of ten citizens and residents of the
City, with special efforts made to include a majority of members who are low- and moderate-
income persons, members of minority groups, residents of area where significant amounts of
activity are proposed or on-going, the elderly, the handicapped, the business community, and civic
groups who are concerned about community development. At least two members from each
community development area must be included. This committee, or one structured like it, could
be used to play an active role in educating the general public on stormwater related issues.
• The Youth Council offers an organization through which the youth of the community may benefit
both themselves and their community. Stormwater concerns would be an excellent opportunity to
initiate programs and projects that are of benefit to the youth and to the City of Goldsboro.
5.1.2 Technical Workshops
During the first year of program implementation, the Engineering Department took responsibility for
conducting two technical workshops. One was designed to educate local government officials and staff,
and the other was for the development community (including engineers, developers, architects, contractors,
surveyors, planners, and realtors). In subsequent years, workshops have been conducted on an annual basis,
and have been included in the annual Education Action Plan.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 17
5.2 Incorporating Existing Resources and Programs
Community teaming is encouraged in the Stormwater Rule, and Goldsboro has made and continues to make
an effort to research and incorporate existing resources and stormwater education programs. Although
Goldsboro’s Action Plan will fulfill all public education requirements from the onset, the City recognized
that utilizing existing resources results in a more consistent education effort for communities of all sizes,
makes the most efficient use of available resources, and reduces duplication of efforts. Teaming
opportunities have been used, particularly in regards to the following Public Education activities:
• Major Media Advertising: The City and County have implemented effective major media
advertising (radio, television, newspaper), they will become exempt from minimum
Category 1 and 2 activities.
• Category 1 and 2 activities: If effective major media advertising is not employed in the
future, it may prove easiest and most cost efficient to conduct planned activities together.
• Workshops: The technical workshops that are conducted every year (one to educate local
government officials and staff, and the other for the development community) may be
sponsored jointly, thereby reducing costs and duplication of efforts.
5.3 Pollutants, Sources, Audiences Worksheet
This table can be used to evaluate illicit discharge sources and develop approaches for detection
and prevention and as a guide for evaluating priority pollutants, sources, and audiences for both
IDDE and Public Education. Public education SCMs will be implemented to address the identified
nutrient sources and target audiences but may be modified as experience dictates.
Identified nutrient sources and target audiences listed in Table 11 below will be addressed by the
Public Education and Outreach Program.
Pollutants, Sources, Audiences Worksheet (Table 5.2)
Pollutants Source Types Landuse
Types
Target
Audience(s)
Detection
Methods
Preventive
Practices
Cleanup
Methods
Priority /
Frequency
/ Severity
Nitrogen fertilizer SFR,
office/comm
Homeowners,
businesses,
City Public
Works
Soil tests,
fertilizer
guidance,
alternative
planting
Sanitary
sewer leaks,
sanitary
cross-
connections
All types
New
Development
Residential,
Commercial
Properties
Developers,
Design
Engineers
Education Priority 1
Petroleum
Products
low-density
SFR, auto
care
businesses
General Public,
Businesses,
Local
Absorbent
materials,
removal
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 18
Government
Employees
and
disposal
Fecal Indicator
Bacteria
Sanitary
sewer leaks,
sanitary
cross-
connections
Sanitary
sewer leaks,
sanitary
cross-
connections
Chemical Industrial
Discharges
Commercial,
Industrial
Activities
Activity
Owners
Outfall
Screening
Education,
information
about IDDE
Stop,
contain,
remove,
dispose
Detergents Sanitary
sewer leaks,
cross-
connections
Car washes SFR,
commercial
Homeowners,
charity
organizations
Direct
water to
grassy
areas,
intercept
with boom
and direct
to sanitary
sewer
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 19
Table 13 Public Education and Outreach BMPs
MS4 Permit
Ref
Neuse NMS
3.2.2 and 3.2.4: Outreach to Targeted Audiences
Measures to identify the specific elements and implementation of a Public Education and
Outreach Program to share educational materials to the community or conduct equivalent
outreach activities about the impacts of stormwater discharges on water bodies and how the
public can reduce pollutants in stormwater runoff. The permittee shall provide educational
information to identified target audiences on pollutants/sources identified in table 12 above,
and shall document the extent of exposure of each media, event or activity, including those
elements implemented locally or through a cooperative agreement.
Public Education and Outreach Planning
Measures to develop a Public Education and Outreach Plan, review implementation, and
adjust as needed. The Plan will identify the specific elements and implementation of a Public
Education Program to share educational materials to the community or conduct equivalent
outreach activities about the impacts of stormwater discharges on water bodies and how the
public can reduce pollutants in stormwater runoff.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 2.1 Review and Update Target Pollutants, Sources, Audiences List
Develop a list of target
pollutants, sources, and
audiences for the Local
Program. Review pollutants
likely to have significant
stormwater impact against past
IDDE investigations, Impaired
Waters list, and other resources.
Update sources and potential
audiences based on IDDE
investigations and other
resources.
1. Create table of target
pollutants, sources, and
audiences for inclusion in Local
Program
1. First year 1. List is in
initial Local
Program.
2. Annual review of Impaired
Waters and TMDL Map and
most recent 303(d) list.
2. Reviewed
annually.
2. List new
or changed
pollutants,
likely
sources, and
possible
audiences.
3. Review tracking of illicit
discharge investigations and
enforcement and identify
emerging target pollutants.
3. Reviewed
annually.
3. List new or
changed
pollutants,
likely
sources, and
possible
audiences.
4. Review public contacts for
pollutant, source, or audience
changes.
4. Reviewed
annually.
4. List new or
changed
pollutants,
likely
sources, and
possible
audiences.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 20
#. 2.2 Develop and Update Public Education Plan
Develop a Public Education and
Outreach Plan based on the
pollutants, sources, and
audiences identified (BMP #).
The plan will describe specific
materials and approaches for
addressing identified pollutants,
sources, and audiences.
Effectiveness will be reviewed
annually against IDDE
investigations, Public Education
and Outreach efforts of the past
year, and contacts with the
public, and lead to Plan
revisions.
1. Develop initial Public
Education and Outreach Plan
based on identified pollutants,
sources, and audiences.
1. First year 1. Share plan
with DEQ.
2. Modify Plan based on review
changes in pollutants, sources,
audiences list, IDDE
investigations, and public
contacts. Include a review of
past events/outreach, including
unplanned ones.
2.Second year
and annually
thereafter.
2. Share
revised plan
with DEQ
MS4 Permit
Ref
Neuse NMS
2.1.7, 3.2.3 and 3.6.5(c): Web Site
Measures to provide a web site designed to convey the program’s message(s) and provide
online materials including ordinances, or other regulatory mechanisms, or a list identifying the
ordinances or other regulatory mechanisms, providing the legal authority necessary to
implement and enforce the requirements of the permit and SWMP. The web page shall also
provide developers with all relevant post-construction requirements, design standards,
checklists and/or other materials.
3.2.5: Stormwater Hotline
Measures for a stormwater hotline/helpline for the purpose of public education and outreach.
Education and Outreach Media Types
Measures to collect and/or develop education, outreach, and involvement materials in different
media or through different mechanisms. Media are not specific to pollutant types, pollutant
sources, or target audiences – they comprise methods of education and outreach.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 2.3 Stormwater Page on Local Government Website
Set up a web site designed to
convey the program’s
message(s) and provide a place
to host online materials including
information on the local
government’s water resources
activities, the NMS Local
Program, annual reports,
educational materials,
ordinances, guidelines, events
announcements, etc. The
1. Continue the
stormwater web page
1. First year 1. completed
2. Maintain the webpage,
update any broken links, upload
new educational material,
upload Local Program
2. Annually
2. Report the
date the
web page is
reviewed
and updated
as well as
what updates
are made, list
specific
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 21
web page will also serve to
advertise the stormwater hotline
and opportunities for
involvement.
materials
posted
3. Set a hit counter in
order to monitor
engagement
3. Year 1
3. Report the
number of
hits
#. 2.4 Stormwater Phone Hotline
A phone hotline will be
maintained and monitored by
assigned staff for citizens to ask
stormwater questions and report
stormwater issues. Questions or
comments from the public and
responses from staff will be
tracked through to resolution.
(This BMP is referenced in Illicit
Discharge and Detection Table
4.1)
1. Set up and maintain hotline
phone number
1. First year 1. completed
2. Train responsible
parties in general
stormwater knowledge,
appropriate contacts for
stormwater questions, and
citizen opportunities within the
stormwater
program
2. First year, and
subsequent years
as needed
2. Report the
date of
training, and
the dates
any
additional
staff are
trained
3. Publicize hotline in
materials developed for the
stormwater program, post on
stormwater web page, include
in local government’s phone
tree/contact lookup, include in
staff email signatures
3. First year, and
subsequent years
as needed
3. Completed
current
4. Establish a tracking
mechanism to document the
number and type of calls
received, actions and
processes used through to
resolution
4. First year, and
maintain all
subsequent years
4. Report the
number and
type of calls
#. 2.5 Partnership with CWEP
The City of Goldsboro will
engage with CWEP to develop
Education and Outreach
Initiatives that will be
administered by CWEP.
1. Arrange partnership
with CWEP and
establish legal agreement or
contract
1. Annually 1. See
Appendix H
2. Submit a partnership plan
detailing specific
commitments of the
CWEP partnership to NC DEQ
for approval
2. First Year 2. See
Appendix H
3. Monitor CWEP
activities to ensure
partnership commitments
are met
3. Annually,
following
establishment of
partnership
3.
Yes/no/status
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 22
Neuse NSM Targeted Outreach Audiences and Topics
Measures below include specific messages to singular or groups of target audiences, pollutant
types, pollutant sources, or management actions.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 2.6 Developer Resources - General
Establish a developer
stormwater resources section on
the website so relevant materials
are easily accessible for
developers. Include a checklist
of submissions materials for
development applications. (This
BMP is referenced in Post-
Construction Site Runoff Control
Table 6.1)
1. Upload links to
ordinances, post-construction
requirements, link to
design standards, and
other relevant material to
website
1. First year 1. completed
2. Update when changes to
resources occur
2. Annually 2. Change
made
(Yes/No)
#. 2.7 Developer Resources – Nutrient Rules
Prepare educational materials
for developers specific to the
requirements of Nutrient
Management Strategy
implementation. Include
information on nutrient
calculation guidance, minimum
onsite stormwater requirements,
nutrient targets, and nutrient
offset procedures. (This BMP is
referenced in Post-Construction
Site Runoff Control Table 6.1)
1. Upload links to the NMS
Rule, local ordinances, nutrient
calculation guidance, nutrient
targets, onsite stormwater
requirements, and nutrient
offset procedures
1. First year 1. completed
2. Update when changes
to resources occur
2. Annually 2. Changes
made
(Yes/No)
#. 2.8 Public Education for BUA Limits and SCM Maintenance
Provide education and
information resources for
Property Owners Associations
and the general public regarding
BUA limits and the need for
adequate SCM maintenance.
(This BMP is referenced in Post-
Construction Site Runoff Control
Table 6.1)
1. Guides and other materials
prepared and provided
appropriate entities.
1. First year and
then annually as
needed.
1. Number of
guides or
other material
distributed
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 23
#. 2.9 Public/Business Outreach About Illicit Discharges, Dumping, Cross-Connection
Design outreach materials for
the general public and
businesses addressing illicit
discharges, dumping, and
sewer-cross-connections.
Materials describe the problem,
how to report it if encountered,
sources of assistance, and
provide descriptions of desired
alternative behavior. Provide
Spanish or other language
materials and training if
investigation determines this is a
common cause of
miscommunication.
(This BMP is referenced in Illicit
Discharge and Detection Table
4.10)
1. Materials prepared and sent
to appropriate industrial,
commercial and retail
establishments
1. Annually 1. Yes/No
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 24
PART 6: PUBLIC INVOLVEMENT AND PARTICIPATION PROGRAM
This SWMP identifies the minimum elements and implementation of a Public Involvement and
Participation Program that complies with applicable State, Tribal and local public notice requirements.
The City of Goldsboro will manage, implement and report the following public involvement and
participation BMPs.
Table 14: Public Involvement and Participation BMPs
MS4
Permit
Ref.
3.3.1: Public Input
Mechanisms for public involvement that provide for input on stormwater issues and the
stormwater program.
BMP No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 3.1 BMP Title
Administer a Public
Involvement Program
1. Develop and
implement a Public
Involvement and
Participation Program.
1. Year 1 and update
annually
1. Number of Events
with public
involvement in
development and
participation
#. 3.2 BMP Title
Allow the public an
opportunity to review and
comment on the Stormwater
Plan
1. Conduct at least
one public meeting to
allow the public an
opportunity to review
and comment on the
Stormwater Plan.
1. Year 1 1. Yes or No
#. 3.3 BMP Title
Establish a Citizens’
Group(s)
1. Develop a citizens’
group(s) for input on
stormwater issues and
the stormwater
program
1. Year 1 and annually
thereafter
1. Number of times
Citizen Group met and
provided input
Permit
Ref. 3.3.2: Volunteer Opportunities
Measures to provide volunteer opportunities designed to promote ongoing citizen participation.
BMP No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 3.4 BMP Title
Organize a volunteer
community involvement
program
1. Organize and
implement a volunteer
stormwater related
program designed to
promote ongoing
citizen participation.
1. Year 1 1. Yes or No
2. Implement a
volunteer activity
promoting citizen
participation
2. Year 2 and annually
thereafter
2.Number of events
each year.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 25
PART 7: ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM
The City of Goldsboro will develop, manage, implement, document, report and enforce an Illicit
Discharge Detection and Elimination Program which shall, at a minimum, include the following illicit
discharge detection and elimination BMPs.
7.1 Establishing Legal Authority to Control Illegal Discharges
The Neuse Stormwater Rule requires that selected local governments establish a program to prevent,
identify, and remove illegal discharges. Under Article V, UDO, the Goldsboro City Council adopted
Section 6.6 “Illegal Discharge Control” to establish this authority within the City proper and its ETJ. This
ordinance is included as Appendix C of this Stormwater Management Program and shows that Goldsboro
will be able to:
• Control the contribution of pollutants to the stormwater collection system associated with industrial
activity.
• Prohibit illegal discharges to the stormwater collection system.
• Prohibit discharge of spills and disposal of materials other than stormwater to the stormwater
collection system.
• Determine compliance and noncompliance.
• Require compliance and undertake enforcement measures in cases of noncompliance.
Tables 7.1 and 7.2, respectively, identify some discharges that are and are not allowed to the
stormwater collection system.
7.2 Collecting Jurisdiction-Wide Information
The City collects geographic information at three increasing levels of detail:
• First, most cursory level of information shall be collected for the entire jurisdiction.
• Second level is a more detailed screening for high priority areas within the jurisdiction.
• Third level is a very detailed investigation that shall be done upon the discovery of an illegal
discharge.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 26
Types of discharges that May be Allowable to the Stormwater Collection System
(Table 7.1)
Waterline Flushing Landscape Irrigation Diverted Stream Flows
Uncontaminated Rising
Ground Water
Uncontaminated Ground
Water Infiltration to
Stormwater Collection System
Uncontaminated Pumped Ground
Water
Discharges from Potable
Water Sources
Foundation Drains Uncontaminated Air Conditioning
Condensation
Irrigation Water Springs Water from Crawl Space Pumps
Footing Drains Lawn Watering Non-commercial Car Washing
Flows from Riparian
Habitats and Wetlands
NPDES Permitted Discharges Street Wash Water
Fire Fighting Emergency
Activities
Wash Water from the
Cleaning of Buildings
Dechlorinated Backwash and
Draining Associated with
Swimming Pools
Types of Discharges that are not Allowed to the Stormwater Collection System (Table 7.2)
Dumping of Oil, Anti-
freeze, Paint, Cleaning
Fluids
Commercial Car Wash Industrial Discharges
Contaminated Foundation
Drains
Cooling Water Unless No
Chemicals Added and Has
NPDES Permit
Washwaters from Commercial/
Industrial Activities
Sanitary Sewer
Discharges
Septic Tank Discharges Washing Machine Discharges
Chlorinated Backwash and
Draining Associated with
Swimming Pools
The purpose of collecting jurisdiction-wide information (which was completed by the second annual report
in October 2002) is to assist with identifying potential illegal discharge sources and characterizing illegal
discharges after they are discovered. The Engineering Department is responsible for collecting and
mapping the jurisdiction-wide information which will be compiled at a scale no greater than 1:24,000 to
show the following:
• Location of sanitary sewers in areas of the major stormwater collection systems and the location of
areas that are not served by sanitary sewers.
• Waters that appear on the NRCS Soil Survey Maps and the USGS 1:24,000 scale topographic maps.
• Land uses. Categories, at a minimum, include undeveloped, residential, commercial, agriculture,
industrial, institutional, publicly owned open space, and others.
• Currently operating and known closed municipal landfills and other treatment, storage, and disposal
facilities, including for hazardous materials.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 27
• Major stormwater structural controls, to include major stormwater outfalls and identification of
their receiving waters (as required by Phase II).
• Known NPDES permitted discharges to the stormwater collection system (this list can be obtained
from DWQ).
Written descriptions will be provided for map components as follows:
• A summary table of municipal waste facilities that includes the names of the facilities, the status
(open/closed), the types, and addresses.
• A summary table of the NPDES permitted dischargers that includes the name of the permit holder,
the address of the facility and permit number.
• A summary table of the major structural stormwater control structures that shows the type of
structure, area served, party responsible for maintenance, and age of structure.
• A summary table of publicly owned open space that identifies size, location, and primary function
of each open area.
7.3 Mapping and Field Screening in High Priority Areas
As part of the October 2002 annual report, the Engineering Department identified a high priority area for
more detailed mapping and field screening (at least 20 percent of the jurisdiction area). Each subsequent
year, another high priority area of at least 20 percent size was chosen. In this way, Goldsboro completed
their high priority area mapping by 2007, which met expected EPA Phase II requirements. “High Priority”
means the areas where it is most likely to locate illegal discharges (e.g., older development). The basis of
the annual selection of each high priority area was explained in the annual report.
The first part of the screening process for the selected area is mapping of the stormwater system, which
includes:
• Locations of the outfalls of any pipes from non-industrial areas that are greater than or equal to 36
inches.
• Locations of the outfalls of any pipes from industrial areas that are greater than or equal to 12
inches.
• Locations of drainage ditches that drain more than 50 acres of non-industrial land.
• Locations of drainage ditches that drain more than 2 acres of industrial land.
• An accompanying summary table listing the outfalls that meet the above criteria that includes
outfall ID numbers, location, primary and supplemental classification of receiving water, and use-
support of receiving water.
The second part of the screening process is conducting a dry weather field screening of all outfalls that
meet the criteria to detect illegal discharges. Public Works is responsible for overseeing the dry weather
field screening which will not be conducted during or within 72 hours following a rain event of 0.1 inches
or greater. In residential areas, field screening will be scheduled either before 9:00 am or after 5:00 pm (if
possible), hours when citizens are most likely to be home and illegal discharges are more likely to be
evident. A field screening process, such as that illustrated in Figure 7.1, will be followed.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 28
Field Screening Process (Figure 7.1)
* Checking for intermittent flow includes rechecking outfall at a later date as well as visual observations
for evidence of intermittent flow.
Note: Analytical monitoring is required only if an obvious source of the dry weather flow cannot be
determined through an investigation of the upstream stormwater collection system.
If field screening shows that an outfall is dry, then the outfall should be checked for intermittent flow at a
later date. If the field screening shows that an outfall has a dry weather flow, then a screening report for the
outfall will be completed. The field screening report will contain information similar to that detailed in
Table 3.3 (general information, field site description, visual observations, and any required sampling
analyses). Analytical monitoring is required only if an obvious source of the dry weather flow cannot be
determined through an investigation of the upstream stormwater collection system. Screening reports will
be kept for five years.
Outfalls with flow will be screened again within 24 hours for the parameters included in the field
screening report. Any tests for ammonia and nitrate/nitrite that are purchased will be sensitive for 0.1 to
10 mg/L.
Screen outfall in high priority area
Check for signs of intermittent flow *
Inspect and sample flow
Remove illegal discharge
Investigate source of flow, considering
the following:
•Jurisdiction-wide information collected
•Field investigation of drainage area of
outfall
•Sampling data
•Qualitative observations -- sheen, odor,
turbidity, etc.
Flow
found
No
flow
Flow
found
Outfall OK
No flow
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 29
Field Screening Report Information (Table 7.2)
General Information Sheet Number Outfall ID Number Date Time Date, Time and
Quantity of Last Rainfall Event
Field Site Description Location Type of Outfall Dominant Watershed Land Use(s)
Visual Observations Photograph Odor Color Clarity Floatables Deposits/Stains
Vegetation Condition Structural Condition Biological Flow
Estimation
Sampling Analysis * Temperature pH Nitrogen-Ammonia Nitrogen-Nitrate/Nitrite
Fluoride or Chlorine
* Analytical monitoring is required only if an obvious source of the dry weather flow cannot be
determined through an investigation of the upstream stormwater collection system.
7.4 Identifying and Removing Illegal Discharges
After the field screening is complete, the Engineering Department will take measures to identify and direct
the removal of illegal discharges. The jurisdiction-wide information compiled as the first step in this
process will be consulted for information on land uses, infrastructure, industries, potential sources, and
types of pollution that exist in the drainage area of the outfall. After potential sources have been identified,
the Engineering Department will be responsible for planning a systematic field investigation to minimize
the amount of resources required to identify the source. The Public Works Department will assist in
conducting investigations. Several field methods may be used for identifying illegal discharges, with the
simplest approach recommended, if that will suffice. From simplest to more complex the recommended
approaches are:
• Site investigation.
• Additional chemical analysis (recommend testing for fecal coliform if the ammonia concentration
is found to exceed 1.0 mg/L).
• Flow monitoring (multiple site visits recommended rather than a depth indicator).
• Dye testing (fluorescent dye is recommended).
• Smoke testing.
• Television inspection.
Documentation of the results of the office and field investigations will be kept on file for five years with
the screening report.
After the source of an illegal discharge is identified, enforcement action will be taken to have the source
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 30
removed or redirected to the sanitary sewer. Appendix C, which contains the adopted ordinance to establish
authority to control illegal discharges, also contains the authority to order a source removed (or redirected)
and penalties for noncompliance. Records of compliance actions will be kept for five years with the
screening report. In addition to keeping all screening reports on file, the Engineering Department will
maintain a map of:
• Points of identified illegal discharges.
• Watershed boundaries of the outfalls where illegal discharges have been identified.
• An accompanying table that summarizes the illegal discharges that have been identified that
includes location, a description of pollutant(s) identified, and removal status.
City personnel are trained in how to conduct a thorough field screening, how to review the field screening
results in conjunction with the jurisdiction-wide information collected previously, and how to plan an
effective field investigation to identify the source of an illegal discharge. The training of City personnel to
undertake the process of investigating and identifying illegal discharges is multi-phased. Training materials
(pamphlets, flyers, and/or booklets) are disseminated to all involved personnel as part of Goldsboro’s Public
Education Action Plan (Section 5.0). Most (if not all) of these materials are obtained from agencies such
as DWQ and the US Environmental Protection Agency (EPA). In addition, the written training materials
are accompanied by seminars and hands-on field training. The Engineering Department will be responsible
for coordinating personnel training and for scheduling all illegal discharge activities.
7.5 Preventing Discharges and Establishing a Hotline
The Planning and Finance Departments will contact persons who are responsible for establishments that
are likely sources of illegal discharges (e.g., auto sales, rental, and repair businesses, lawn care companies,
cleaners, and certain types of contractors). A letter (see sample letter in Appendix D) will be mailed to
all such businesses that can be identified. The mailing list will be compiled from sources such as the
Chamber of Commerce listings, the local Yellow Pages, and business tax rolls, and will be mailed before
the first annual report is due in October 2001.
The Engineering Department established an illegal discharge hotline in October 2001 as a cost-effective
way to identify illegal discharges. There is a recording advising citizens what to do if they call during non-
business hours; or in the case where an illegal discharge is perceived to be an emergency. The Engineering
Department investigates all potential illegal discharges identified through the hotline assisted by the Public
Works Department. Part of the Public Education Action Plan (discussed in Section 5.0) is to educate
citizens about what types of discharges should not go to the stormwater collection system and make them
aware of the hotline.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 31
The Table below is a summary table showing the phased implementation schedule for illegal discharges.
Phased Implementation Schedule for Illegal Discharge Activities (Table 7.4)
Year Implementation Requirements Annual Report requirements
By March 9,
2001
• Establish legal authority to
address illegal discharges.
• Submit report identifying established
legal authority to meet requirements.
By October 2002 •Collect jurisdiction-wide
information.
•Select high priority area for
additional screening.
•Initiate illegal discharge hotline.
•Report on completion of jurisdiction –
wide information collection.
•Submit map of high priority areas
and reason for selection.
•Report on initiation of illegal
discharge hotline.
Each
subsequent year
after 2002
•Complete mapping and field
screening for high priority area.
•Select next high priority area.
•Identify and remove illegal
discharges as encountered.
•Continue operating illegal
discharge hotline.
•Submit map of stormwater collection
system in high priority area upon
request by DWQ.
•Document illegal discharges found
and resulting action.
•Report on hotline usage and actions
taken.
•Submit map of next high priority area
and reason for selection.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 32
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NMS
3.4.1: MS4 Map
Measures to develop, update and maintain a municipal storm sewer system map including
stormwater conveyances, flow direction, major outfalls and waters of the United States
receiving stormwater discharges.
Stormwater Drainage Network Map
Measures to develop, update and maintain a stormwater drainage network map including
stormwater conveyances, flow direction, major outfalls and waters of the United States
receiving stormwater discharges.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.1 Creation and Maintenance of Storm-drain Network Map
The storm-drain network map
will be created through field
mapping and GIS analysis of
existing data. Major
components include
stormwater inlets,
conveyances, roadside ditches,
and outfalls. Infrastructure type
and flow direction will be
identified. Data will be
continually maintained.
1. Create a GIS data layer
containing known major
outfalls, stormwater inlets,
conveyances, and other
infrastructure
1. completed 1. Report
percent of
system initially
mapped
2.Update GIS data layer with
field mapped objects, verify
flow directions of all
conveyances
2. Second year 2. Report
number and
type of objects
identified
3. When new public
stormwater infrastructure is
identified or
constructed add objects to the
map with flow direction
3. Annually 3. Report
types and
number of
new public
infrastructure
added to the
map during
the reporting
period
#. 4.2 Waters of the State GIS Data Layer
A GIS data layer of waters of
the state will be created or
acquired, with regular updates
sought.
1. Acquire a GIS data layer of
the waters of the state from
the USGS or other source
1. completed 1. Report
when data
layer is
acquired and
source of
data, note
publication
date
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 33
Table 15: Illicit Discharge Detection and Elimination BMPs
2.Check for regular updates
from data source, or add field-
identified objects to self-
sourced dataset
2. Annually 2. Report
whether data
were updated
(if self-
sourced), or
whether a new
dataset was
issued with
publication
date
#. 4.3 Land Use GIS Data Layer
The Local Program will
maintain a GIS data layer of
current land use types in the
jurisdictional area.
1. Create land-use data layer
starting from zoning maps or
current land-use data layer.
1. First year 1. Report
when data are
acquired or
updated.
#. 4.4 Location of Sanitary Sewers and Other Human Waste Sources
The Local Program will create
or acquire a copy of the
sanitary sewer network GIS
data layer and other septic
infrastructure in GIS format that
covers the jurisdictional area
for identification of potential
nutrient contributions to the
stormdrain network or Waters
of the State.
1. Obtain regular updates of a
sanitary sewer GIS layer from
providers overlapping the area
of its jurisdiction
1. Annually 1. Report
whether
updates were
received. Note
publication
date or date of
last update.
2. Obtain regular updates of a
septic system GIS layer
showing systems in its
jurisdiction.
2. Annually 2.Report
whether
updates were
received. Note
publication
date or date of
last update.
#. 4.5 Preparation of Source Tracking Maps for Field Staff
The Local Program will prepare
paper or electronic maps for
use by field staff conducting
dry weather inspections,
discharge identification and
tracing, and identification of
sanitary cross-connections.
1. Create initial maps
containing stormdrain
infrastructure, waters of the
state, sanitary and septic
locations, and land use.
1. Report date
completed
1. Completed
2.Update maps with revised
data layers, and additional
data sources if available.
Distribute to field staff.
2. Annually 2. Completed
y/n?
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 34
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NSM
3.4.2: Regulatory Mechanism
Measures to provide an IDDE ordinance or other regulatory mechanism that provides legal
authority to prohibit, detect, and eliminate illicit connections and discharges, illegal dumping
and spills into the MS4, including enforcement procedures and actions.
Regulatory Mechanism
Measures to provide an IDDE ordinance or other regulatory mechanism that provides legal
authority to prohibit, detect, investigate, and eliminate illicit connections and discharges,
illegal dumping and spills into the storm-drain network, including enforcement procedures
and actions.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.6 Maintain Legal Authority
Maintain the legal authority to
prohibit, detect, investigate,
and eliminate illicit connections
and discharges, illegal
dumping and spills into the
storm-drain network and
waters of the state, including
adequate support for
enforcement procedures and
actions.
1. Review ordinance against
EPA model ordinance and
update if revision is required to
maintain adequate legal
authority
1. Report date
completed
1. Report if a
revision is
required and if
a revision is
made.
#. 4.7 Enforcement and Resolution Standard Operating Procedures
Develop and maintain a set of
procedures and data collection
for notifying property owners of
discharge and violation,
advising on and verifying
correction of discharge, and
the process for escalation of
enforcement.
1. Develop enforcement and
resolution protocol
1. Report date
completed
1. Completed
y/n?
2. Train staff in protocol 2. As needed 2. training
dates
3. Update based on annual
IDDE review
3. second year
and annually
thereafter
3. Date of
review
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 35
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NMS
3.4.3: IDDE Plan
Measures to maintain and implement a written IDDE Plan to detect and address illicit
discharges, illegal dumping and any non-stormwater discharges identified as significant
contributors of pollutants to the MS4. The plan shall provide standard procedures and
documentation to:
a) Locate priority areas likely to have illicit discharges,
b) Conduct routine dry weather outfall inspections,
c) Identify illicit discharges and trace sources,
d) Eliminate the source(s) of an illicit discharge, and
e) Evaluate and assess the IDDE Program.
IDDE Plan and Implementation
Measures to maintain and implement a written IDDE Plan to detect and address illicit
discharges, illegal dumping and any non-stormwater discharges identified as significant
contributors of pollutants to the storm-drain network.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.8 Proactive Program: Outfall Inspections
Perform regular dry weather
(no rain in previous 72 hours)
outfall
inspections to proactively
identify illicit discharges and
illicit
connections.
1. Train inspections staff
to perform dry weather
outfall inspections and
illicit discharge
investigations
1. Annually as
needed
1. Completed
y/n?
2. Split major outfalls
into five equal groups (20% of
total) for
inspection; so that with
one group inspected per
year, all major outfalls
will be inspected over a
five-year period, update as
needed
2. Rotate to next
group of 20%
every year,
update as
needed
2.Total
number of
outfalls
3. Inspect one group of outfalls
(set listed above) annually in
dry weather conditions and
document any potential
violations using
forms and procedures.
3. Inspect set in
one year
3. Outfalls
inspected that
year
#. 4.9 Discharge/Dumping and Source Type Scoping
A set of common or expected
illicit discharge and dumping
types for the community and
1. Use discharge/pollutant
worksheet included in this
document or similar approach
1. First year 1. Completed
y/n?
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 36
Table 15: Illicit Discharge Detection and Elimination BMPs
likely source types will be
identified and revised based on
IDDE investigations.
2. Revise worksheet based on
past year’s IDDE incidents
2. Second year
and annually
thereafter.
2. Date of
review
#. 4.10 Detection, Tracing, and Investigation Standard Operating Procedures
A set of detection methods,
source tracing methods, and
investigation methods will be
identified based on the
discharges and source types
identified in BMP#4.9. This
includes indicators (like test
strips discharge appearance),
tracing methods (like dye
tests), and screening locations
(like outfalls). Standard
Operating Procedures for IDDE
investigation will be developed
from that, incorporating use of
Tracking Maps and updated
based on IDDE investigations.
Forms for collecting data in in
response to discharge reports
will be developed. This
program will be regularly
updated based prior IDDE
investigations.
1. Using discharge and
source type scoping, consult
with other jurisdictions and
DWR for methods for detecting
discharge types, and
identifying unknown
discharges
1. First year 1. Completed
y/n?
2. Develop standard operating
procedures and data collection
forms for field investigations
2. First year 2. Completed
y/n?
3. Update based on annual
IDDE review
3. Second year
and annually
thereafter.
3. Date of
review
#. 4.11 Elimination Protocols and Agreements
A set of discharge and
dumping elimination and
cleanup protocols will be
developed based on the
discharges and source types
identified in BMP# 4.10.
Instruction materials will be
developed where appropriate.
Agreements with other entities
(such as WWTP operators) will
be set up. This will be updated
based on prior IDDE cleanup
efforts.
1. Determine appropriate
elimination / treatment
protocols for each type of
source/discharge
1. First year. 1. Completed
y/n?
2. Arrange agreements with
cooperating entities as needed
2. First year 2. Completed
y/n?
3. Update based on annual
IDDE review
3. Second year
and annually
thereafter
3. Date of
review
#. 4.12 Proactive Program: IDDE Priority/Hot Spot Screening Program
A proactive discharge and
dumping regular screening and
detection program will be
developed based on detection
1. Determine high priority
areas for proactive screening
1. First year 1. Completed
y/n?
2. Develop schedule,
procedures, locations
2. First year 2. Completed
y/n?
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 37
Table 15: Illicit Discharge Detection and Elimination BMPs
methods and promising
screening locations. This
program will prioritize
screening areas based on
likely / expected hot-spots
determined from the Landuse
and Human Waste GIS data
and other sources. Forms for
collecting program data will be
developed. This program will
be regularly updated based
prior IDDE investigations.
3. Collect data according to
procedures
3. Annually 3. number of
site visits that
year, number
of discharges
found
4. Update based on annual
IDDE review
4. Second year
and annually
thereafter.
4. Date of
review
#. 4.13 IDDE Program Evaluation
Yearly evaluation of IDDE
program to promote
continuance of effective
components and improvement
in areas that are lacking.
1. Evaluation meeting
with IDDE program
stakeholders; to include
at least Stormwater
Administrator and
Utilities Director
1. Year 2 and
annually
thereafter.
1. Date of
review
2. Review of IDDE
reports and identification
of chronic violators,
issues, and/or “hot-spot”
areas
2. Year 2 and
annually
thereafter.
2. Chronic
violators
and/or hot-
spots found?
y/n
3. Review against other BMPs
for needed SWMP updates
3. Year 2 and
annually
thereafter.
3. date of
review
#. 4.14 Public/Business Outreach About Illicit Discharges, Dumping, Cross-Connection
(See full BMP description in
Public Education and Outreach
Table 2.1)
1.
1. 1.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 38
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NMS
3.4.4: IDDE Tracking
Measures for tracking and documenting the date(s) an illicit discharge, illicit connection or
illegal dumping was observed, the results of the investigation, any follow-up of the
investigation, the date the investigation was closed, the issuance of enforcement actions,
and the ability to identify chronic violators.
IDDE Tracking
Measures for tracking and documenting the date(s) an illicit discharge, illicit connection or
illegal dumping was observed, the results of the investigation, any follow-up of the
investigation, the date the investigation was closed, the issuance of enforcement actions,
and the ability to identify chronic violators.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.15 IDDE Tracking System
Develop a tracking system for
observed IDDE incidents and
results of investigation, cleanup
or elimination actions, follow-up
actions, enforcement actions,
and when the investigation was
close. Tracking system will be
able to identify chronic
violators. Ensure data
collected through proactive
screening, reports collected
from staff, and via the
Stormwater Hotline are
integrated into this system.
1. Develop a tracking
spreadsheet or database to
collect data from IDDE
investigations and follow-up
actions including enforcement,
through to closure.
1. First year. 1. Date
completed.
2. Develop an “Illicit
Discharge/Dumping
Investigation” form to include
observed illicit discharge
indicators, date, location, and
contacts made
2. First year. 2. Date
completed.
3. Ensure IDDE incidents and
follow-up are properly tracked.
3. First year and
subsequent
years.
3. Number of
incidents
reported each
year.
4. Update based on annual
IDDE review
4. Second year
and annually
thereafter.
4. date of
review
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 39
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NMS
3.4.5: Staff IDDE Training
Measures to provide training for municipal staff and contractors who, as part of their normal
job responsibilities, may observe an illicit discharge, illicit connection, illegal dumping or
spills. Training shall include how to identify and report illicit discharges, illicit connections,
illegal dumping and spills. Each staff training event shall be documented, including the
agenda/materials, date, and number of staff participating.
IDDE Training and Reporting
Measures to provide training for municipal staff and contractors who, as part of their normal
job responsibilities, may observe an illicit discharge, illicit connection, illegal dumping or
spills. Training shall include how to identify and report illicit discharges, illicit connections,
illegal dumping and spills. Each staff training event shall be documented, including the
agenda/materials, date, and number of staff participating.
BMP No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.16 Staff Training and Reporting
Develop a program to educate
local government staff of
indicators of potential illicit
discharges, cross-connections,
and illegal dumping and the
appropriate avenues through
which to report suspected illicit
discharge.
1. Develop staff training
program for employees
1.Report date
completed
1.
2. Train staff with Illicit
Discharge & Detection
responsibilities or the
potential to discover an illicit
discharge during routine work
activities
2. Year 2 2. Report
topics/agenda,
training date,
and number of
attendees
3. Train new staff that
will be part of the IDDE
program
3. As needed. 3. Report
topics/agenda,
training date,
and number of
attendees
4. Update based on annual
IDDE review
4. Second year
and annually
thereafter
4. date of
review
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 40
Table 15: Illicit Discharge Detection and Elimination BMPs
MS4
Permit Ref
Neuse
NMS
3.4.6: IDDE Reporting
Measures for the public and staff to report illicit discharges, illegal dumping and spills. The
mechanism shall be publicized to facilitate reporting and shall be managed to provide rapid
response by appropriately trained personnel.
IDDE Reporting
Measures for the public and staff to report illicit discharges, illegal dumping and spills. The
mechanism shall be publicized to facilitate reporting and shall be managed to provide rapid
response by appropriately trained personnel.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 4.17 Stormwater Hotline
(See full BMP description in
Public Education and Outreach
Table 2.1) Encourage the
reporting of strange smells,
colored water, foam, and oil.
1. 1. 1.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 41
PART 8: CONSTRUCTION SITE RUNOFF CONTROL PROGRAM
In accordance with 15A NCAC 02H .0153, the MS4name relies upon the North Carolina Sedimentation
Pollution Control Act (SPCA) of 1973 as a qualifying alternative program to meet a portion of the
NPDES MS4 Permit requirements for construction site runoff control measures. The SPCA requirements
include reducing pollutants in stormwater runoff from construction activities that result in land
disturbance of greater than or equal to one acre, and includes any construction activity that is part of a
larger common plan of development that would disturb one acre or more. The state SPCA Program is
either delegated to a city/town, delegated to a county, or implemented by NCDEQ in non-delegated areas.
Table 16: Qualifying Alternative Program Components for Construction Site Runoff Control Program
2
Permit
Reference
State or Local Program
Name Legal Authority Implementing Entity
3.5.1 - 3.5.4 State Implemented SPCA
Program
15A NCAC Chapter 04 NCDEQ
The City of Goldsboro also implements the following BMPs to meet NPDES MS4 Permit requirements.
Table 17: Construction Site Runoff Control BMPs
Permit
Ref. 3.5.6: Public Input
Measures to provide and promote a means for the public to notify the appropriate authorities of
observed erosion and sedimentation problems.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 5.1 Municipal Staff Training
Train municipal staff who receive
calls from the public on the
protocols for referral and tracking
of construction site runoff control
complaints.
1. Train municipal staff
on proper handling of
construction site runoff
control complaints.
1. Annually Permit
Years 1-5
1. Number of staff
trained
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 42
Table 17: Construction Site Runoff Control BMPs
Permit
Ref. 3.5.5: Waste Management
Measures to require construction site operators to control waste such as discarded building
materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that
may cause adverse impact to water quality.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 5.2 Construction Site Operator Education
Provide flyers to Construction Site
Operators on impacts of
construction on water quality.
Require that Site Operators brief
personnel working on site.
1. Prepare flyer(s) for
dissemination
1.Year 1 1.Flyers ready for
dissemination.
2. Disseminate flyers
to Construction Site
Operators.
2.Years 2-5 2.Number of flyers
handed out to
Construction Site
Operators
3.Check construction
sites for compliance
3.Years 2-5 3.Number of sites
checked against
number of construction
sites.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 43
PART 9: POST-CONSTRUCTION SITE RUNOFF CONTROL PROGRAM
In accordance with 15A NCAC 02H .0153 and .1017, the City of Goldsboro implements the following
State post-construction program requirements, which satisfy the NPDES Phase II MS4 post-construction
site runoff control requirements as Qualifying Alternative Programs (QAPs) in the MS4 area(s) where
they are implemented.
2 This part identifies the elements being used to develop, implement, and enforce a program to reduce
nutrients in stormwater runoff from new development projects and development expansions. These
elements meet the requirements set forth in the Neuse Stormwater Rule (15A NCAC 02B .0711). These
elements are designed to minimize water quality impacts through a combination of structural Stormwater
Control Measures (SCMs) and nutrient offset buy-downs, and to ensure adequate long-term operation and
maintenance of SCMs.
Table 18: Qualifying Alternative Program(s) for Post-Construction Site Runoff
Control Program
State Stormwater Program Name State Requirements Local Ordinance / Regulatory
Mechanism Reference
Water Supply Watershed (WS-IV) 15A NCAC 02B
.0620 - .0624
Uniform Development
Ordinance Section 2.13
Neuse River Basin Nutrient Management
in Stormwater Strategy
15A NCAC 02B .0711 Uniform Development
Ordinance Section 6.5
Existing Post-Construction Ordinances, Procedures, and Guides
The City of Goldsboro has existing ordinances, guidance manuals, standard operating procedures, and
reference material that cover part or all of the implementation of the nutrient stormwater rule’s post-
construction requirements. These ordinances and references are summarized in the Table below.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 44
Table 19 List of Ordinances and References
Plan Review and Approval Municipal Ordinance/Code Reference(s)
and/or Document Title(s)
Date Adopted
Authority Uniform Development Ordinance (UDO) Section
6.5 7/23/2007
Federal, State & Local Projects UDO Section 6.5 7/23/2007
Plan Review UDO Section 6.5 7/23/2007
O&M Agreement UDO Section 6.5 7/23/2007
O&M Plan UDO Section 6.5 7/23/2007
Deed Restrictions/Covenants UDO Section 6.5 7/23/2007
Access Easements UDO Section 6.5 7/23/2007
Nutrient Calculation UDO Section 6.5 7/23/2007
Nutrient Offset UDO Section 6.5 7/23/2007
Inspections and Enforcement Municipal Ordinance/Code Reference(s)
and/or Document Title(s)
Date Adopted
Documentation UDO Section 6.5 7/23/2007
Right of Entry Goldsboro Code of Ordinances § 54.03
Pre-CO Inspections Goldsboro Code of Ordinances § 54.03
Compliance with Plans UDO Section 6.5 7/23/2007
Annual SCM Inspections UDO Section 6.5 7/23/2007
Qualified Professional UDO Section 6.5 7/23/2007
9.1 Neuse Nutrient Management Strategy
The goal of the Neuse Nutrient Management Strategy (NMS) (initial adoption in August 1998) is to achieve
a 30 percent nitrogen reduction from each controllable and quantifiable source of nitrogen in the basin.
These sources are Wastewater Treatment, Urban Stormwater, and Agriculture and Nutrient Application.
The NMS also includes a rule to protect riparian buffers (the Riparian Buffer Rule, 15A NCAC 02B .0714)
to maintain their existing nitrogen removal capabilities.
The Neuse Stormwater Rule (15A NCAC 02B .0711) applies to the largest and fastest-growing local
governments in the Neuse River Basin; Goldsboro is one of the affected governments. The rule establishes
a broad set of objectives for reducing nitrogen runoff from urban areas and sets up a process for the Division
of Water Resources (DWR) to work with the affected local governments to implement a model stormwater
program for meeting the objectives. The timeframe for implementation of the rule is as follows:
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 45
1. March 2021 through September 2021 - Current local governments develop draft local programs
with DWR assistance
2. September 2021 – current local governments submit revised Local Programs, including draft
ordinances, to DWR for review
3. March 2022 (ESTIMATED*) – DWR brings recommendations on draft Local Programs to the
Environmental Management Commission (EMC)
4. September 2022 (or 6 mo. after EMC approval) – current local governments have adopted
their approved Local Programs and ordinances and have started implementation of the
Stormwater Rule
Each stormwater management program includes the following general elements: New Development
Review/Approval, Illegal Discharges, and Public Education. Following implementation of the local
Stormwater Management Programs, local governments make annual progress reports to EMC by October
30 of each year that include nitrogen loading reduction estimates.
This document details the City of Goldsboro’s Stormwater Management Program for Nitrogen Control in
the Neuse River Basin. It follows the guidance provided in the Neuse and Tar -Pamlico Local Program
Development Guide dated February 15, 2021.
9.2 Goldsboro’s Stormwater Management Plan
9.2.1 Plan Goals
The City of Goldsboro takes a proactive approach to the management and control of stormwater in both the
city proper and in its Extraterritorial Jurisdictions (ETJs). Rather than simply meet the requirements for
nitrogen control as dictated by the Neuse NMS, Goldsboro has structured their Stormwater Management
Program to address the requirements of EPA’s Phase II Stormwater Rule.
The purpose of the Stormwater Management Plan (SWMP) is to establish and define the means by which
the City of Goldsboro will comply with its National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit and the applicable provisions of the Clean Water
Act to meet the federal standard of reducing pollutants in stormwater runoff to the maximum extent
practicable.
This SWMP identifies the specific elements and minimum measures that the City will develop,
implement, enforce, evaluate and report to the North Carolina Department of Environmental Quality
(NCDEQ) Division of Energy, Minerals and Land Resources (DEMLR) in order to comply with the MS4
Permit number NCS000396, as issued by NCDEQ. This permit covers activities associated with the
discharge of stormwater from the MS4 as owned and operated by the City of Goldsboro and located
within its corporate limits.
In preparing this SWMP, the City of Goldsboro has evaluated its MS4 and the permit requirements to
develop a comprehensive 5-year SWMP that will meet the community’s needs, address local water
quality issues and provide the minimum measures necessary to comply with the permit. The SWMP will
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 46
be evaluated and updated annually to ensure that the elements and minimum measures it contains
continue to adequately provide for permit compliance and the community’s needs.
Once the SWMP is approved by NCDEQ, all provisions contained and referenced in this SWMP, along
with any approved modifications of the SWMP, are incorporated by reference into the permit and become
enforceable parts of the permit. Any major changes to the approved SWMP will require resubmittal,
review and approval by NCDEQ, and may require a new public comment period depending on the nature
of the changes.
9.2.2 Organization of this Stormwater Management Plan
This document reflects the basic organization of the Neuse Nutrient Management Strategy Template, and
incorporates additional components from EPA’s Phase II Stormwater Rule. Section 2.0 presents
Goldsboro’s Program Plan for New Development. Section 3.0 discusses their Program Plan for Illegal
Discharges. Public Education and Public Involvement are discussed in Section 4.0. Section 5.0 discusses
the Phase II requirements for Pollution Prevention/Good Housekeeping. Section 6.0 details the annual
Evaluation and Reporting requirements, and Section 7.0 incorporates EPA’s Phase II Measurable Goals
into the Program. These sections are written to also meet the requirements of the Draft Stormwater
Management Plan template dated March 9, 2021.
9.2.3 Responsibilities
The implementation of this Stormwater Management Plan NPDES and for Neuse NMS is the responsibility
of the City Manager. Day to day operational control is provided by the Director of Engineering under the
supervision of the City Manager. Representatives from the Public Works, Planning, and Public Utilities
Departments may be called upon as necessary by the Engineering Department for advice and assistance.
The Stormwater Management Plan involves other City Departments as well, such as the Fire and Police
Departments and the Parks and Recreation Department. If necessary, a Steering Committee consisting of
various departments, in conjunction with the City Manager, can be called upon to review the
implementation of the program and to address any new issues which may arise.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 47
9.3 Controlling Nitrogen through the New Development Review/Approval Process
The Unified Development Ordinance (UDO – Incorporated by Reference) of Goldsboro’s Code of
Ordinances states that no new or redevelopment project may proceed before all permits are secured, which
requires that the site plan be submitted to and approved by the Planning and Engineering Departments of
the city. It will be during this established development review process that the City will review the Neuse
Stormwater Rule components of any project falling under the “New Development” definition. Appendix
A contains a copy of Article V. Section 6.5 Stormwater Management for New Development of the UDO,
to establish the authority to require compliance with the Program Plan for New Development within the
City proper and its ETJ, as detailed in this section. The developer or builder will be required to comply with
these provisions for any new development which falls under either of the following definitions:
Any activity that disturbs greater than one acre of land in order to establish, expand, or modify a single
family or duplex residential development or a recreational facility. [Land disturbance is defined as
grubbing, stump removal, and/or grading.]
Any activity that disturbs greater than one-half an acre of land in order to establish, expand, or modify a
multifamily residential development or a commercial, industrial, or institutional facility.
To fund this additional new development review process, the City Council may set a fee structure for the
cost of reviewing all Building Permit applications for compliance with the ordinance. All such projects
will be required to meet the goal of a 30 percent nitrogen reduction by implementation of planning
considerations and stormwater control measures (SCM's). Agriculture, mining, forest activities, and
property owners with vested rights are not subject to the requirements of new development and will receive
a waiver. Vested rights must be demonstrated by the property owner as of the effective date of this
Stormwater Management Program (as adopted by the City Council) and may be based on at least one of the
following:
• substantial expenditures of resources as determined by the Engineering Department (time, labor,
money) based on a good faith reliance upon having received a valid local government approval to
proceed with the project, or
• having an outstanding valid building permit in compliance with G.S. 153A-344.1 or G.S. 160A-385.1,
or
• having an approved site specific or phased development plan in compliance with G.S. 153A-344.1 or
G.S. 160A-385.1.
Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application of
residuals and road construction activities shall be considered to have vested rights if a state permit was
issued prior to the initial effective date of this Local Stormwater Management Program in 2001. Currently,
Recreation and Parks projects for the City of Goldsboro do not require permits. To ensure that all such
projects comply with the provisions of the Neuse Stormwater Rule, and EPA’s Phase II Rule, all park
projects will be required to undergo an internal review by the Planning and Engineering Departments.
New development will be limited to 3.6 pounds per acre per year (lbs/ac/yr) nitrogen loading unless they
meet the “runoff volume match” as defined in 15A NCAC 02H .1002. Currently, DEMLR Stormwater has
a tool, STORM-EZ, that can be used to calculate the annual runoff volume both pre and post-construction.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 48
Property owners will have the option to partially offset projected nitrogen loads by funding wetland or
riparian area restoration through the NC Wetlands Restoration Program (WRP). Nitrogen credits can be
purchased through private mitigation banks which can be found via the NCDEQ DMS programs at
https://deq.nc.gov/about/divisions/mitigation-services/about-dms/dms-programs/
However, no new residential development will be permitted to exceed a total nitrogen loading rate of 6.0
lbs/ac/yr, and no new nonresidential development will be permitted to exceed 10.0 lbs/ac/yr.
The nitrogen export standard of 3.6 lbs/ac/yr was estimated by the EMC to be 70 percent of the average
nitrogen load contributed by the non-urban areas in the Neuse River basin (as defined using 1995
LANDSAT data). It is understood that the EMC may periodically update the performance standard based
on the availability of new scientific information.
9.3.1 Calculating Nitrogen Export from New Development
The nitrogen export from each new development will be calculated. Annual reports must contain the
computed baseline and net change in nitrogen export from new development that year. Goldsboro will
utilize the methodology as detailed below. Developments are to use the calculation method laid out in the
Neuse Model Stormwater Program for Nutrient Control (1999). The calculations will be verified by the
Engineering Department then and again prior to issuance of the Certificate of Occupancy (to ensure that
the site was developed as planned, and that any required SCMs have been constructed properly).
To determine how a site should be defined in terms of new development or redevelopment, developers
should consult the Decision Tree and read the summary that follows. Terms that are used in the Decision
Tree are defined in Definitions below.
Decision Tree (Table 9.1)
Is the site defined properly, i.e.,
1) if a subdivision for single
family housing or duplexes, are
all the individual lots and
common areas included in the
tract of land submitted by the
developer, 2) if a multifamily,
industrial, retail, or commercial
development without any
subdivision, is all the land on the
site included as one lot or parcel,
or 3) if a subdivided multifamily,
industrial, retail, or commercial
development, all land that is not
part of the subdivision is
contained within one lot or
parcel, and all lots are included
NO → Resubmit the site plan once the
site has been correctly defined.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 49
in the tract of land submitted by
the developer?
YES↓
Will the activity at the site disturb
greater than one-half acre (for a
multifamily residential
development or a commercial,
industrial, or institutional facility)
or one acre (single family or
duplex residential development
or a recreational facility) of land?
NO → The site does not fall under the
purview of the City/County’s
SWMP
YES↓
Will the activity at the site add to
or change the amount of
impervious or partially
impervious surface of the site, or
otherwise decrease the
infiltration of precipitation?
NO → The site does not fit the
definition of development as
shown in 15A NCAC 02B.0202
(23) and therefore does not fall
under the purview of the
City/County’s SWMP
YES↓
Has the site or a portion of the
site ever been developed?
NO → Follow the rules in the SWMP
for new development.
YES↓
Is the footprint of the built-
up/impervious areas of the site
known?
NO → Follow the rules in the SWMP
for new development
YES↓
Is the new use of the site the
same as its previous use?
NO → Follow the rules in the SWMP
for new development
YES↓
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 50
Does the site or portion of the
site have existing buildings,
roadways, parking areas, or
other built-up areas?
NO → Follow the rules in the SWMP
for redevelopment.
YES↓
Will any portion of the existing
built-up area be rebuilt,
demolished and/or removed?
YES → Follow the rules in the SWMP
for redevelopment.
NO↓
Will buildings, roadways,
parking, or other built-up areas
be added to the site?
YES → Follow the rules in the SWMP
for new development for that
portion of the site where activity
will occur after the effective
date of the SWMP (March 1,
2001). NO↓
Will the land-disturbing activity
result in an increase of
impervious or partially
impervious area, such as the
managed portions of a golf
course?
YES → Follow the rules in the SWMP
for new development for that
portion of the site where activity
will occur after the effective
date of the SWMP (March 1,
2001).
NO↓
As long as the site does not
increase the impervious or
partially impervious area of the
site, and provides equal or
greater stormwater control than
the previous development, the
site meets the requirements of
the SWMP.
STOP
Summary: An activity is considered new development if the site meets any one of the following:
• The site has never been developed.
• The site was developed and then demolished and no footprint of the previous impervious area is
available.
• The site was developed and then demolished and the previous use of the site has changed.
• If a portion of a site is undergoing redevelopment and another portion of this site that was previously
undeveloped is undergoing improvement, then the activity on the previously undeveloped portion of
this site is considered new development.
An activity is considered redevelopment if the site meets any one of the following:
• The site was developed and then demolished and a footprint of the previous impervious area is
available.
• The site was developed prior to March 1, 2001, which is the implementation date of the City’s ordinance
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 51
for Stormwater Management for New Development.
In addition, for either new development or redevelopment, the site boundaries must contain only one
parcel, lot or tract of land. Adjoining parcels, lots or tracts of land cannot be utilized for calculation of
nitrogen export and/or peak runoff unless the adjoining parcels, lots or tracts of land are combined with the
original site into one parcel in accordance with the City’s Subdivision Regulations.
Definitions (Table 9.2)
Terms Definitions and Source
Development Any land disturbing activity which adds to or changes the amount of
impervious or partially impervious cover on a land area or which
otherwise decreases the infiltration of precipitation into the soil
(North Carolina Administrative Code, NCAC).
New Development Development that has occurred since March 1, 2001 and previously
developed sites that add built-upon area after March 1,
2001(Goldsboro’s Stormwater Management Program, SWMP).
Redevelopment Previously developed sites that undergo rebuilding activity after
March 1, 2001 (SWMP).
Built-upon Area Built-upon Area means that portion of a development project that is
covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g. roads, parking lots, paths),
recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted
decks and the water area of a swimming pool are considered
pervious) (NCAC).
Rebuild 1) To build again. 2) To make extensive structural repairs on. 3) To
remodel or make extensive changes in: tried to rebuild society
(Dictionary).
Lot A portion of a subdivision or any other parcel of land intended as a
unit for transfer of ownership or for development or both (Goldsboro
Ordinance).
Subdivision Includes all divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions, for the purpose, whether immediate
or future, of sale or building development, and . . . (Goldsboro
Ordinance).
Tract 1) An extended area, as of land or water. 2) A development.
(Dictionary)
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 52
The rule requires that all new developments achieve a nitrogen export of less than or equal to 3.6 pounds
per acre per year. If the development contributes greater than 3.6 lbs/ac/yr of nitrogen, then the options
shown in Table 2.2a are available based on whether the development is residential or non-residential.
Nitrogen Export Reduction Options (Table 9.3)
Residential Commercial / Industrial
If the computed export is less than 6.0 lbs/ac/yr,
then the owner may either:
1. Install SCMs to remove enough nitrogen to
bring the development down to 3.6 lbs/ac/yr.
2. Purchase offset credits to bring the nitrogen
down to the 3.6 lbs/ac/yr.
3. Do a combination of SCMs and offset credits
to achieve a 3.6 lbs/ac/yr export.
If the computed export is less than 10.0 lbs/ac/yr,
then the owner may either:
1. Install SCMs to remove enough nitrogen to bring
the development down to 3.6 lbs/ac/yr.
2. Purchase offset credits to bring the nitrogen down
to the 3.6 lbs/ac/yr.
3. Do a combination of SCMs and offset credits to
achieve a 3.6 lbs/ac/yr export.
If the computed export is greater than 6.0
lbs/ac/yr, then the owner must use on-site SCMs
to bring the development’s export down to 6.0
lbs/ac/yr. Then, the owner may use one of the
three options above to achieve the reduction
between 6.0 and 3.6 lbs/ac/yr.
If the computed export is greater than 10.0 lbs/ac/yr,
then the owner must use on-site SCMs to bring the
development’s export down to 10.0 lbs/ac/yr. Then,
the owner may use one of the three options above to
achieve the reduction between 10.0 and 3.6
lbs/ac/yr.
9.3.2 Methodology for Calculating Peak Runoff Volumes
While the Neuse NMS no longer requires that there can be no net increase in peak flow leaving a new
development site from the predevelopment conditions for the 1-year, 24-hour storm the City of Goldsboro
has left this in the SWMP as a requirement within their jurisdiction. The Engineering Department will
provide the developer or builder with a worksheet (Figure 2.3) that employs The Rational Method to
determine the peak flow from both the pre-development (performed prior to issuance of the Building
Permit) and post-development (performed prior to issuance of the Certificate of Occupancy) conditions.
The Rational Method is the most common method for computing the peak rate of runoff from small drainage
basins (up to 150 acres). If peak runoff needs to be calculated from a larger drainage area (more than 150
acres), the Peak Discharge Method as described in the USDA Soil Conservation Service’s Technical
Release Number 55 (TR-55) will be employed. This methodology will be used for computing pre- and post-
development conditions. (Note: The Putnam Method, while allowed by the Model Plan, was developed
specifically for the Piedmont region of North Carolina, and will not be used for calculations in Goldsboro,
which lies in the Coastal Plain.)
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 53
The equation for calculating peak runoff under the Rational Method is:
Q p = Aci
where
Q p = peak runoff, cfs
A = drainage area, acres
c = runoff coefficient, dimensionless
i = rainfall intensity, inches/hour
The acreage for each land use type will already be known from calculating the nitrogen export as described
in Section 2.1.1. The runoff coefficients for a variety of surface types can be gotten from a table, such as
the one developed by the American Society of Civil Engineers (ASCE) & Water Environmental Federation
(in Design and Construction of Urban Stormwater Management Systems, 1972). However, as stated by
John E. Gribbin in Hydraulics and Hydrology for Stormwater Management (1997), typical design values
for runoff coefficients are 0.90 for impervious surfaces, 0.30 for permanently protected managed open
space (such as lawns), and 0.20 for permanently protected undisturbed open space (such as woods and
brush).
In keeping with the spirit of the rule, and to maintain consistency with the approach taken to calculate total
nitrogen export (where total nitrogen export coefficients are set), Goldsboro will adopt these typical design
values for the runoff coefficient. This will result in a more consistent, objective, and straightforward
calculation of peak runoff that does not need to take into account the effects of soils, rainfall intensity and
duration, slope, and impervious surface. A worksheet has been prepared for the Rational Method peak
runoff calculation (Figure 2.3) which is patterned after the method outlined in the NC Erosion and
Sedimentation Control Planning and Design Manual.
The peak runoff calculation will be performed by the developer or builder for their Building Permit
submission. Prior to issuance of a Building Permit, the post-development peak flow must be calculated to
be equal to or less than the pre-development peak flow (which may require the implementation of one or
more SCMs), unless one of the two following conditions are met:
• The increase in peak flow between the pre- and post-development conditions does not exceed ten
percent.
• The proposed new development meets all of the following criteria: overall impervious surface is
less than 15 percent, and the remaining pervious portions of the site are utilized to the maximum
extent practical to convey and control the stormwater runoff (as determined by the City Engineering
Department).
Upon completion of the development project, and prior to approval of a Certificate of Occupancy, the
engineering department will ensure compliance with the regulations detailed above via an engineers
certification. Article V, Section 2.11.2 of the UDO establishes the administrative procedure for ensuring
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 54
this step by stating, “No Certificate of Occupancy shall be issued by the Building Inspector until the
Planning Department and the Engineering Department of the city have certified that site improvements
have been completed in accordance with the plan previously submitted and approved.”
Because of the existence of local flooding problems, peak flow calculations may indicate the need for
stormwater detention in areas that would actually increase flooding problems as a result of their
implementation. For sites that are in (or drain to) these flood-prone areas, exemptions may be granted on
a case-by-case basis. Chapter 151 of the City Code of Ordinances details Flood Damage Prevention and
addresses this problem, and is included in Appendix B. Section 151.03 (E) states that this ordinance is
designed to “Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands.”
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 55
Peak Runoff Worksheet For Small Drainage Areas in Mid-Neuse Basin
Pre-Development
Undisturbed Managed Impervious Total
Area AU = AM = AI = AT =
C (weighted
average) 0.2 0.3 0.9
Equation 1 Cw = (0.2 * AU + 0.3 * AM + 0.9 * AI) / AT Cw =
Time of Concentration
Height of most remote point above outlet H =
Length (maximum) of stormwater travel L =
Equation 2 TOC = [ ( L3 / H )0.385 ] ÷ 128 TOC =
Intensity
Equation 3 I = 112 /(20+TOC)
I =
Quantity of Flow
Equation 4 QPRE = AT * CW * I
QPRE =
Post-Development
Undisturbed Managed Impervious Total
Area AU = AM = AI = AT =
C (weighted
average) 0.2 0.3 0.9
Equation 1 Cw = (0.2 * AU + 0.3 * AM + 0.9 * AI) / AT Cw =
Time of Concentration
Height of most remote point above outlet H =
Length (maximum) of stormwater travel L =
Equation 2 TOC = [ ( L3 / H )0.385 ] ÷ 128 TOC =
Intensity
Equation 3 I = 112 /(20+TOC) I =
Quantity of Flow
Equation 4 QPost = AT * CW * I
QPost =
Notes:
May use Figure 8.03a (Nomograph) from NC Erosion and Sediment Control Planning and Design Manual
Use equation or nomograph for
• natural basins with well defined channels,
• overland flow on bare earth,
• and mowed grass roadside channels.
For overland flow, grassed surfaces, multiply TOC by 2
For overland flow, concrete or asphalt surfaces, multiply TOC by 0.4
For concrete channels, multiply TOC by 0.2
Version 03/26/01 Prepared By ____________________________Date
_____________
Project
_________________________________________________
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 56
9.3.3 Goldsboro’s Choice for Protection of Riparian Buffers in New Developments
The Neuse Stormwater Rule requires local governments to ensure that riparian areas are protected on new
developments in accordance with the Riparian Buffer Rule (15A NCAC 2B .0233). The rule requires
protecting and maintaining the 50-foot riparian buffers on all sides of intermittent and perennial streams,
ponds, lakes, and estuaries in the Neuse River Basin. These waters must be shown on the most recent
version of either a Natural Resources Conservation Service (NRCS) Soil Survey County map or a 1:24,000
scale (7.5 minute quadrangle) topographic map prepared by the US Geological Survey (USGS).
The City of Goldsboro will refrain from issuing local approvals for any new development activity that
is proposed to take place within the first 50 feet adjacent to an affected water body, unless:
a. the person requesting the approval does not propose to impact the riparian buffer of a surface water
indicated on the NRCS or USGS maps listed above, or
b. the property owner has received approval by DWQ. DWQ approval could be:
an on-site determination from DWQ that surface waters are not present,
an Authorization Certificate for a use designated as Allowable,
an Authorization Certificate and approval on a mitigation plan for a use designated as
Allowable with Mitigation, or
a variance.
As part of this Stormwater Management Program, Goldsboro will record riparian areas to be
protected on new or modified plats.
9.3.4 Submission of Documents for Review
If a project is using “runoff volume match” to comply with the Neuse NMS, the print-outs from the
spread sheet STORM-EZ will be submitted along with any supporting documentation used to calculate
the annual runoff, pre and post-development.
9.4 Stormwater Control Measures (SCMs)
9.4.1 Choosing SCMs
Site planning practices that reduce nitrogen loadings from new development (including reducing
impervious surfaces and protecting open spaces) will be encouraged; however, SCMs may still be required.
Property owners will be instructed to consider the ability of the SCM(s) to reduce their nitrogen loading
within acceptable limits, as well as the issues of aesthetics, long-term maintenance, safety, and reliability
of the SCM design. All SCMs must meet the minimum design criteria (MDC) as codified in the Stormwater
rules and detailed in the State Stormwater Design Manual. The City of Goldsboro has designated this
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 57
Stormwater Design Manual as the city’s Stormwater Design Manual for submission of plans and drawings
under this SWMP.
In conjunction with the Public Education component of this plan (Section 5.0), information sources will be
made available to property owners and developers explaining the benefit to them of incorporating site
planning practices into their new development plans from the onset (reducing road widths, reducing
minimum parking requirements, minimizing use of curb and gutter, allowing cluster or open-space
developments, allowing traditional neighborhood developments, and others). If they do not choose to
incorporate these practices, or if SCMs are still required, information sources may be provided on the
various SCMs available for nitrogen reduction, their individual effectiveness and cost, as well as data on
which methods work best for the area’s soil type(s). If more than one SCM is installed in series on a
development, then the removal rate shall be determined through serial rather than additive calculations. As
research and development in this field progresses, information sources on new SCM techniques or
improvements in established SCM techniques may also be disseminated as part of the Public Education
Action Plan.
The SCMs which may currently be utilized for reducing nitrogen and their treatment rates can be found
in the NC DEQ stormwater design manual found at: https://deq.nc.gov/about/divisions/energy-mineral-
and-land-resources/stormwater/stormwater-program/stormwater-design
If a builder or developer includes one or more SCMs as part of the site design, they will be required to
provide an engineering certification of the design at the time they submit their Building Permit application.
The NC DEQ Stormwater Design Manual is incorporated by reference for use within the City’s
jurisdictional area. Prior to issuance of a Certificate of Occupancy, the builder or developer will be
required to submit an engineering certification that the SCM was constructed as designed and is operating
properly.
9.4.2 Long-Term Maintenance Plan for SCMs
The Engineering Department conducts annual inspections of all SCMs installed under this Stormwater
Management Program. An annual inspection fee is charged to fund this additional inspection program
(as adopted by the City Council). A current list of all SCMs, their location, and status is maintained by
the Engineering Department to assist in the inspection process. SCMs are required to be on the same lot
as the new development, unless waived because of potential flooding problems, or unless an off-site
location for the SCM has been approved by the City’s Planning and Engineering Departments.
The City of Goldsboro has taken the following approach for the long-term maintenance of SCMs:
The City will notify the owner upon finding that maintenance is needed on a SCM. If the owner does
not complete the maintenance in a timely manner, then the City will contract out the maintenance and
recover costs in the manner it determines most appropriate.
The Stormwater Management for New Development Ordinance (Appendix A) details the allowable
SCMs as well as the requirement for the maintenance of SCMs. This is found in the Unified
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 58
Development Ordinance (UDO), Article V, Section 6.5.2, which contains the following: Improperly
Operating SCMs are Prohibited, Responsibility for Maintenance; Compliance with Provisions; and
Inspections and Annual Inspection Fee.
9.5 Local Ordinance Review of Land-Use Planning and Design Techniques
The Model Plan addresses the use of land-use planning provisions to reduce impervious surfaces with
design techniques and thereby reducing the need for SCMs and associated maintenance concerns.
Jurisdictions are required to show they reviewed local ordinances with regard to the following planning
techniques (and the general advantages and disadvantages of incorporating these approaches at the local
level) and show that they have provided adequate flexibility for developers to utilize planning measures to
reduce impervious surfaces. This review is intended to look for opportunities where these measures could
be allowed, or obstacles to their use could be removed.
• Reducing road widths
• Reducing minimum parking requirements
• Minimizing curb and gutter use
• Cluster or open-space developments
• Traditional neighborhood developments
• Mixed-use developments
This review has been conducted by the Planning and Engineering Departments. Goldsboro has inserted
verbiage into the City Ordinances as well as in the Technical Design and Details Manual which encourages,
and allows for, variances in the items listed above. Variations in planning and design techniques can be
considered on a case-by-case basis provided that the measures would decrease impervious surface area,
while still fulfilling the basic needs of the Planning and Engineering Departments.
9.6 Jurisdiction-Wide and Inter-local Approaches
Jurisdiction-wide and inter-local approaches may be incorporated into the City’s Stormwater Management
Program if appropriate information shows how they will achieve the nitrogen loading reduction
requirements applicable to new development. Some ideas include:
• Creating regional stormwater management facilities (such as ponds). Would require on-site
controls to locally protect against water quality degradation and flooding, and Neuse buffer
requirements may impact the feasibility of some approaches.
• “Land Banking” within the same watershed where development is occurring. Land should have
significant water quality value and secured in a permanent conservation easement or equivalent
legal mechanism prohibiting both farming and unapproved logging practices, tracked on GIS, and
recorded on the plat or deed.
Prior to incorporating such approaches into the City’s Stormwater Management Program, it will
demonstrate and quantify the associated nitrogen removals to DWQ and the EMC.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 59
9.7 Phase II Stormwater Requirements
EPA’s Phase II Stormwater Rule contains two minimum control measures which fall within this Program
Plan for New Development: Construction Site Runoff Control and Post-Construction Runoff Control.
Because of the way the Neuse Stormwater Rule is structured – limiting nitrogen export, freezing peak
runoff volumes, establishing protection for riparian buffers in new development, and requiring the
installation and maintenance of SCMs where necessary – the majority of the Phase II requirements for
development controls are addressed through this Program Plan. However, modifications have been
incorporated into this SWMP to comply with the Phase II program.
9.7.1 Construction Site Runoff Control
The Construction Site Runoff Control Minimum Control Measure requires a regulatory mechanism to
control polluted runoff from construction sites; a site plan review process to control erosion and sediment
and other waste at the site; an inspection and enforcement program of control measures to deter infractions;
and a procedure for the receipt and consideration of public enquires, concerns, and information submitted
regarding local construction activities. The State Sedimentation Control Act (Title 15A, Chapter 4) and the
State’s NPDES general stormwater permit for construction activities substantially address all of these
issues.
9.7.2 Post-Construction Runoff Control
The Post-Construction Site Runoff Control Minimum Control Measure requires the development and
implementation of strategies which include a combination of structural and/or nonstructural SCMs; an
ordinance or other regulatory mechanism requiring the implementation of post-construction runoff controls;
and a method to ensure adequate long-term operation and maintenance controls. These provisions are
included in this Stormwater Management Program.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 60
9.8 Stormwater Permit
As detailed in Appendix A (UDO Article V, Section 6.5), each new development or redevelopment that
meets the criteria contained within this section will submit an application for a stormwater permit to the
Engineering Department in accordance with Article V, Section 6.5.14 Permit Required. The stormwater
permit requirements are detailed in Section 6.5.15 Application Requirements.
9.9 Construction Site Runoff Control Program
In accordance with 15A NCAC 02H .0153, the City of Goldsboro relies upon the North Carolina
Sedimentation Pollution Control Act (SPCA) of 1973 as a qualifying alternative program to meet a
portion of the NPDES MS4 Permit requirements for construction site runoff control measures. The
SPCA requirements include reducing pollutants in stormwater runoff from construction activities that
result in land disturbance of greater than or equal to one acre, and includes any construction activity that
is part of a larger common plan of development that would disturb one acre or more. The state SPCA
Program is either delegated to a city/town, delegated to a county, or implemented by NCDEQ in non-
delegated areas.
The annual reporting metrics for the post construction program are provided in Table 20: Post
Construction Site Runoff Control BMPs below.
Table 20: Post Construction Site Runoff Control BMPs
Permit
Ref. 3.6.5(a), 3.6.5(b), and 4.1.3: Minimum Post-Construction Reporting Requirements
Measures to document activities over the course of the fiscal year (July 1 – June 30) including
appropriate information to accurately describe progress, status, and results.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 6.1 Standard Reporting
Implement standardized tracking,
documentation, inspections and
reporting mechanisms to compile
appropriate data for the annual
self-assessment process. Data
shall be provided for each Post-
Construction/ Qualifying
1. Track number of low
density and high
density plan reviews
performed.
1. Continuously
Permit Years 1-5
1. Number of plan
reviews performed for
low density and high
density.
2. Track number of low
density and high
density plans
approved.
2. Continuously
Permit Years 1-5
2. Number of plan
approvals issued for
low density and high
density.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 61
Table 20: Post Construction Site Runoff Control BMPs
Alternative Program being
implemented.
3. Maintain a current
inventory of low
density projects and
constructed SCMs
including SCM type or
low density acreage,
location and last
inspection date.
3. Continuously
Permit Years 1-5
3. Summary of number
and type of SCMs
added to the inventory;
and number and
acreage of low density
projects constructed.
4. Track number of
SCM inspections
performed.
4. Continuously
Permit Years 1-5
4. Number of SCM
inspections.
5. Track number of low
density inspections
performed.
5. Continuously
Permit Years 1-5
5. Number of low
density projects
inspected.
6. Track number and
type of enforcement
actions taken.
6. Continuously
Permit Years 1-5
6. Number of
enforcement actions
issued.
Table 20: Post Construction Site Runoff Control BMPs
Minimum Post-Construction Reporting Requirements
Measures to document activities over the course of the fiscal year (July 1 – June 30) including
appropriate information to accurately describe progress, status, and results.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 6.2 Standard Nutrient Management Strategy Reporting
Implement standardized
tracking, documentation,
inspections and reporting
mechanisms to compile
appropriate data for the
annual self-assessment
process.
1. Track number of NMS-
subject plans approved in
past year.
1. Continuously 1. Number of
plan approvals
issued for
NMS-subject
developments
in the past
year.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 62
Table 20: Post Construction Site Runoff Control BMPs
2. Maintain a current
inventory of developments
and lots with BUA limits and
constructed SCMs including
SCM type or location, and
last inspection date.
2. Continuously 2. Summary of
number and
type of SCMs
added to the
inventory in the
past year; and
number of
developments
with BUA limits
added to
inventory in the
past year.
3. Track number of post-
construction SCM inspections
performed by staff in the past
year.
3. Continuously 3. Number of
post-
construction
SCM
inspections in
the past year.
4. Track number and type of
construction-phase
stormwater inspections
performed.
4. Continuously 4. Number
and type of
construction-
phase
stormwater
inspections.
#. 6.3 Data Used in Nutrient Calculations
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 63
Table 20: Post Construction Site Runoff Control BMPs
Input data used for the
calculation of nutrient export
and reduction by SCMs for all
development sites subject to
.0711 will be collected for the
year and submitted as an
appendix for the Local
Program’s Annual Report.
1. Export SNAP input data
from each development upon
approval.
1. Continuously 1. Nutrient
calculation
input data for
all
developments
and
expansions
subject to the
Neuse
Stormwater
Rule submitted
to NCDEQ by
October 30 of
each year.
2. Provide adjusted SNAP
input data from each
development where
completed landcovers are
different from what was
permitted.
2. Annually 2. Nutrient
calculation
data for these
developments
and a notice
for which
previously-
submitted data
are to be
replaced.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 64
Table 20: Post Construction Site Runoff Control BMPs
Legal Authority
Measures to maintain adequate legal authorities through ordinance or other regulatory
mechanism to:
(a) review designs and proposals for new development and expansion of development to
determine whether adequate stormwater control measures will be installed,
implemented, and maintained,
(b) implement requirements of the Neuse Nutrient Management Strategy Stormwater Rule,
including nutrient targets, Rule applicability, stormwater treatment requirements,
nutrient calculation methods, and nutrient offset.
(c) request information such as stormwater plans, inspection reports, monitoring results,
and other information deemed necessary to evaluate compliance with the Post-
Construction Stormwater Management Program, and
(d) enter private property for the purpose of inspecting at reasonable times any facilities,
equipment, practices, or operations related to stormwater discharges to determine
whether there is compliance with the Post-Construction Stormwater Management
Program.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 6.4 Nutrient Management Strategy Requirements Specified in Ordinance
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 65
Table 20: Post Construction Site Runoff Control BMPs
Neuse Nutrient Management
Strategy requirements shall
be included in the
jurisdiction’s development
ordinance. Ordinance needs
to be at least as stringent as
the NMS Rule requirements
for Rule applicability, nutrient
targets, stormwater
requirements, specify the
calculation method, and
procedures for nutrient offset.
1. Establish nutrient targets
through code
revision
1. Report date
completed
1.
#. 6.5 Authority to Review Federal, State, and Local Government Plans
Ensure local ordinance
specifically requires
compliance with Nutrient
Management Strategy by
Federal, State, and Local
government
projects.
1. Revise code to require
Federal, State, and local
government projects to
comply with post
construction requirements
unless subject to its own
NPDES MS4 permit or
qualifying alternative program
1. First year 1. Completed -
Yes
#. 6.6 Legal Authorities for Development Plans and Plan Review
Provide adequate legal
authorities designed to meet
the objectives of the Post-
Construction Site Runoff
Controls Stormwater
Management program,
including the ability to request
stormwater plans, conduct
development design reviews
and approvals, review and
approve O&M Plans and
Agreements for all SCMs,
requiring deed restrictions
and protective covenants for
SCMs, and requiring
recordation of BUA limits for
projects and individual lots
within.
1. Establish legal
authority through code
revision
1. Report date
completed
1.
#. 6.7 Authority to Require Submission of Annual SCM Inspection Reports
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 66
Table 20: Post Construction Site Runoff Control BMPs
Provide legal authority to
require owners and operators
of post-construction SCMs to
perform and submit
inspections performed by a
qualified professional on a
annual basis.
1. Establish legal
authority through code
revision
1. Report date
completed
1.
#. 6.8 Legal Authorities for Inspections and Enforcement
Provide legal authorities
needed for inspections and
enforcement including right-
of-entry, ability to issue
Notices of Violation and Stop
Work Orders, ability to review
as-builts for compliance with
approved plans, and other
enforcement mechanisms.
1. Establish legal authority
through code revision
1. Report date
completed
1.
#. 6.9 SCM Minimum Design Criteria Specified
Ensure the local ordinance or
local SCM design manual
specifically refers to the
State’s Minimum Design
Criteria.
1. Revise code to specify
State Minimum Design
Criteria for SCM design
1. First year 1. Completed
y/n?
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 67
Table 20: Post Construction Site Runoff Control BMPs
Plan Review and Approval
Measures to maintain plan review and approval authority, standards, and procedures to:
(a) (MS4 jurisdictions only) Require Federal, State, and local government projects to
comply with Post-Construction Program requirements throughout the entire jurisdiction,
unless the entity is subject to its own NPDES MS4 permit or a qualifying alternative
program, or set up Memoranda of Agreement with Federal, State, and Local
government property owners noting the appropriate reviewing authority for potential
development plans on those properties,
(b) Conduct site plan reviews of all new development and redeveloped sites that disturb
greater than or equal to one acre, and sites that disturb less than one acre that are part
of a larger common plan of development or sale for compliance with 15A NCAC 02H
.1017 and the qualifying alternative programs that apply within your jurisdiction (MS4
only),
(c) Conduct site plan reviews of all new development and development expansions for
compliance with the stormwater treatment and nutrient reduction requirements in 15A
NCAC 02B .0711, including reviews of nutrient calculations using a DWR-approved
calculation tool,
(d) Ensure that each project has an Operation and Maintenance Agreement that complies
with 15A NCAC 02H .1050(12),
(e) Ensure that each project has an Operation and Maintenance Plan that complies with
15A NCAC 02H .1050(13),
(f) Ensure that each project has recorded deed restrictions and protective covenants, that
require the project to be maintained consistent with approved plans, and
(g) Ensure that each SCM and associated maintenance accesses be protected in a
permanent recorded easement per 15A NCAC 02H 1050 (9) and (10).
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 6.10 MOAs for Plan Review – Federal, State, Local Government
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 68
Table 20: Post Construction Site Runoff Control BMPs
Local Program will have an
MOA with each Federal,
State, and Local Government
entity within its jurisdiction,
stating whether the entity has
chosen to have the Local
Program review any future
development plans for
compliance with NMS Rule,
or whether plans will be
submitted to DEMLR for
review.
1. Set up Memoranda of
Agreement with a responsible
party of each Federal, State,
and Local Government entity
with property within the
jurisdiction of the Local
Program.
1. First year 1. List of
entities,
responsible
parties and
contact
information,
and whether
plan review will
be local or
state.
#. 6.11 Review Plans for Compliance with Nutrient Management Strategy
Conduct site plan reviews of
all new development and
development expansions for
compliance with the
stormwater treatment and
nutrient reduction
requirements in 15A NCAC
02B .0711, including reviews
of nutrient calculations using
a DWR-approved calculation
tool.
1. Establish application intake
and review procedures
1. Report date
completed
1.
2. Conduct site plan reviews 2. Continuously 2. Number of
plans
approved that
year
#. 6.12 SCM Operations and Maintenance Agreements and Plans
Ensure each stormwater
control measure has an
Operation and Maintenance
Plan that complies with
15A NCAC 02H .1050(13)
and an Operation and
Maintenance Agreement that
complies with 15A NCAC 02H
.1050(12)
1. Establish legal authority
through code revision
1. Report date
completed
1.
2. Enforcement of new
code by requiring
approval of O&M Plan and
Agreement by Stormwater
Administrator prior to plan
approval
2. Continuously 2. Number of
O&M Plans
and
Agreements
approved that
year
#. 6.13 Deed Restrictions and Protective Covenants
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 69
Table 20: Post Construction Site Runoff Control BMPs
Provide mechanisms such as
recorded deed restrictions
and protective covenants that
ensure development activities
will maintain the project
consistent with approved
plans. (Don’t close project
until deed restrictions are
recorded.)
1. Establish legal
authority through code
revision
1. Report date
completed
1.
#. 6.14 Protective Easements for SCMs
Require that each SCM and
associated maintenance
accesses be protected in a
permanent recorded
easement per 15A NCAC
02H 1050 (9) and (10).
1. Establish legal
authority through code
revision
1. Report date
completed
1.
#. 6.15 Require Recordation of BUA Limits on Deeds or Plats
Ensure that for lots in
developments with a
Common Plan of
Development that a BUA
limit, based on the approved
stormwater plan, is recorded
with either the deed or plat
1. Establish legal authority
through code revision
1. First year 1. Establish
legal authority
through code
revision
#. 6.16 Plan Review Staff Training on Nutrient Calculator Tool
Ensure all plan review staff
have gone through DWR-
provided plan reviewer
training for the approved
nutrient calculator.
1. All current plan review staff
participate in live online
training for calculator tool.
1. First year 1. Number of
review staff
that attended
live online
training
2. Plan review staff who were
unable to attend live online
workshop view recording of
training.
2. As needed 2. Number of
review staff
that viewed
recording of
training that
year
#. 6.17 SCM Transfer Process
Prepare a “handoff”
educational process for when
developers transfer
1. Develop instructions and
materials for outreach to
HOAs
1. First year 1. Completed
y/n?
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 70
Table 20: Post Construction Site Runoff Control BMPs
ownership of SCMs to
HOAs/POAs. Educational
materials should include
estimates of annual costs for
O&M and inspection, LG
general expectations,
possible/likely modes of
failure, HOA/POA general
obligations, other guidance
and resources. Integrate this
process with the as-built
inspection of SCMs.
2. Set up annual reminders
(postcards/email) to HOAs for
SCM O&M and inspection
2. Second year and
annually thereafter
2. Completed
y/n?
Inspections and Enforcement
Measures to maintain inspection and enforcement authority, standards and procedures to:
(a) Conduct post-construction inspections prior to issuing a Certificate of Occupancy or a
Temporary Certificate of Occupancy. Alternatively, the project owner may provide a
surety bond to guarantee compliance with the approved plan(s),
(b) Ensure that the project has been constructed in accordance with the approved plan(s),
(c) Ensure annual inspection of each permitted SCM to ensure compliance with the
approved Operation and Maintenance Agreement,
(d) Ensure inspection of low-density projects at least once every five years (MS4s only),
and
(e) Require that inspections be conducted by a qualified professional.
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 6.18 Inspection of Post-Construction SCMs
Conduct staff inspection of all
post-construction SCMs
annually.
1. Conduct inspection of
100% of SCMs each year
1. Annually 1. Number of
SCMs
inspected
#. 6.19 Provide a Qualified Individual to conduct Staff Inspections
Have individual selected to
Staff Inspections attend an
approved class on how to
conduct SCM inspections
1. At least one Staff
Individual has attended
training on Conducting SCM
Inspections
1. First year and
then as required.
1. Number of
Trained
Personnel
#. 6.20 Inspection of Projects for Compliance With an Approved Plan
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 71
Table 20: Post Construction Site Runoff Control BMPs
Ensure inspection of all
development projects for
compliance with approved
stormwater plans, forest
protection, and BUA limits,
including projects with a lack
of an approved plan. Use
enforcement measures such
as NOVs and stop work
orders.
1. Inspect on-going projects
for compliance with an
approved plan.
1. Annually 1. Number of
on-going
projects
inspected and
number of
violations.
#. 6.21 End-of-construction SCM Inspections
1. Conduct post-construction
SCM inspections prior to
issuing a Certificate of
Occupancy or a Temporary
Certificate of Occupancy. Or
2. the project owner may
provide a surety bond to
guarantee compliance with
the approved plan(s), and
ensure that the project has
been constructed in
accordance with the
approved plan(s), or 3. The
Engineer of Record submits a
certification that all SCMs on
the project have been
completed in accordance with
an approved plan and are
working as designed.
1.COs are only issued when
the Engineering Department
has determined that the
SCMs are in compliance and
working as designed.
1. Annually 1. Number of
COs issued.
Documentation
Measures to maintain adequate documentation and standardized inspection and tracking
mechanisms to:
(a) Maintain an inventory of post-construction SCMs and their responsible parties,
(b) Maintain an inventory of low-density projects (MS4s only),
(c) Maintain an inventory of developments and parcels with BUA limits,
(d) Document, track and maintain records of inspections and enforcement actions through
the end of construction for compliance with development plans. Tracking shall include
the ability to identify chronic violators,
(e) Provide education resources for developers to meet stormwater and nutrient
management Rules,
(f) Provide education resources for the public regarding BUA limits in developments and
management of SCMs.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 72
Table 20: Post Construction Site Runoff Control BMPs
BMP No.
A B C D
Description of BMP Measurable Task(s) Schedule for
Implementation
Annual
Reporting
Metric
#. 6.22 Inventory of Post-Construction SCMs
Develop and maintain a
comprehensive inventory of
post-construction SCMs to be
utilized for inspections and
tracking. Inventory shall
include information on
responsible parties and
contact information.
1. Establish list of
existing post-construction
SCMs and responsible
parties
1. First year 1. number of
SCMs
2. Add SCMs to inventory list
when project as-builts are
approved
2. Annually 2. total number
of SCMs
3. Update responsible party
information from submitted
annual inspection reports
3. Annually 3. Completed
y/n?
#. 6.23 Inventory of Developments and Lots with BUA Limits
Develop and maintain a
comprehensive inventory of
projects that have BUA limits
tied to their stormwater
management or nutrient
loading requirements to be
used when reviewing new
development plans. Develop
and maintain a database BUA
limits on developments and
individual lots within, with
BUA limits based on their
approved stormwater plans.
Actual BUA amounts are
updated as new development
is approved for and occurs on
individual lots.
1. Establish a list of
developments with BUA limits
1. First year 1. number of
developments
2. Establish a list of parcels
or lots with BUA limits
2. First year 2. number of
parcels
3. Add developments and lots
within to the list when project
as-builts are approved
3. Continuously 3. total
numbers of
developments
and lots
#. 6.24 Inspections & Enforcement Tracking – Construction-Stage Compliance
Develop and maintain a
tracking mechanism for
inspections, enforcement,
and follow-up actions through
1. Develop inspection
tracking mechanism to meet
all requirements
1. First year 1. Completed -
Yes
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 73
Table 20: Post Construction Site Runoff Control BMPs
the end of construction for
compliance with development
plans, including SCM
installations, BUA limits, and
protection of forested areas.
Provide the ability to identify
chronic violators.
2. Enforcement actions are
followed for sites with
frequent deficiencies
2. Continuously 2. Number of
SCMs with
deficiencies
that year,
number of
SCMs with
unresolved
deficiencies
#. 6.25 Inspections & Enforcement Tracking – Post-Construction SCM Compliance
Develop and maintain a
tracking mechanism for
inspections, enforcement,
and follow-up actions of post-
construction SCM
inspections, including annual
inspection by Engineering
Staff. Provide the ability to
identify chronic violators.
1. A list of SCMs and
responsible parties is
developed and kept updated
1. First year 1. Cumulative
number of
SCMs
identified
2. Enforcement actions are
followed for sites with
frequent deficiencies
4. Continuously 4. Number of
SCMs with
deficiencies
that year,
number of
SCMs with
unresolved
deficiencies
#. 6.26 Developer Resources - General
(See full BMP description in
Public Education and
Outreach Table 2.1)
1. 1. 1.
#. 6.27 Developer Resources – Nutrient Rules
(See full BMP description in
Public Education and
Outreach Table 2.1)
1. 1. 1.
#. 6.28 Public Education for BUA Limits and SCM Maintenance
(See full BMP description in
Public Education and
Outreach Table 2.1)
1. 1. 1.
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 74
PART 10: POLLUTION PREVENTION AND GOOD HOUSEKEEPING PROGRAMS
This SWMP provides a comprehensive pollution prevention and good housekeeping strategy for the
MS4name municipal facilities and operations. Pollution prevention and good housekeeping is
accomplished through the implementation of seven required programs, which collectively address the
ultimate goal of preventing or reducing pollutant runoff from municipal operations such as parks and
open space maintenance, fleet and building maintenance, new construction and land disturbances, and
municipal storm sewer system maintenance.
Pollution prevention and good housekeeping for municipal operations includes the following programs:
1. Municipal Facilities Operation and Maintenance Program
2. Spill Response Program
3. MS4 Operation and Maintenance Program
4. Municipal SCM Operation and Maintenance Program
5. Pesticide, Herbicide and Fertilizer Management Program
6. Vehicle and Equipment Maintenance Program
7. Pavement Management Program
The City of Goldsboro will manage, implement and report the pollution prevention and good
housekeeping BMPs as specified in Table 21 below for each required program.
Table 21: Pollution Prevention and Good Housekeeping BMPs
MS4
Permit
Ref.
3.7.1: Municipal Facilities Operation and Maintenance Program
Measures to manage facilities that are owned and operated by the permittee and have the potential for
generating polluted stormwater runoff. The permittee shall maintain a current inventory of municipal facilities;
perform facility inspections and routine maintenance; establish specific frequencies, schedules, and standard
documentation; provide staff training on general stormwater awareness and implementing pollution prevention
and good housekeeping practices. [Please note that at a minimum, NCDEQ will require that all
inventoried municipal facilities be inspected once per permit term to determine pollution potential,
and facilities with potential be inspected at least annually]
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.1 Operations and Maintenance Planning
Document and inventory city-
owned facilities, perform annual
inspections of facilities with the
1. Inventory all city-
owned facilities.
1. Report date
completed; update
annually
1. Completed YorN
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 75
Table 21: Pollution Prevention and Good Housekeeping BMPs
potential for generating polluted
stormwater runoff, and provide
routine maintenance.
2. Inspect facilities with
greatest pollution
potential
2. Annually 2. Number of facilities
inspected
3. Inspect all facilities
for pollution potential
3. Every 5 years 3. Number of facilities
with pollution potential
4. Ensure any
deficiencies are
documented and
corrected
4. Annually as found 4. Number of
deficiencies, number
corrected, timeline for
actions
#. 7.2 Staff Training
Provide Staff Training on Pollution
Prevention and Good
Housekeeping
1. Present classes on
general stormwater
awareness and
potential for
stormwater runoff
pollution
1. Report date
completed (and
annually thereafter)
1. Number of
personnel attending
the class by city
department
MS4
Permit
Ref.
3.7.2: Spill Response Program
Measures for facilities and operations that store and/or use materials that have the potential to contaminate
stormwater runoff if spilled. The permittee shall maintain written spill response procedures and train staff on
spill response procedures.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.3 Spill Response Planning
Prepare spill response plans for
facilities with the potential for
spillage which will contaminate
stormwater runoff.
1. All permitted city-
owned facilities have a
spill response plan in
place, either through
an SWPPP or an
SPCC
1. Report date
completed
1.
2. Identify any city-
owned facility that
does not have a spill
response plan in place
and has potential to
contaminate runoff
2. First year 2. Number of facilities
identified
3. Ensure that facilities
identified in BMP
above prepare a spill
response plan
3. First year 3. Number of spill
response plans
prepared
#. 7.4 Spill Response Training
Provide training to key personnel
on spill response
1. Identify by position
personnel needing
training
1. First year (and
annually thereafter)
1. Number of
personnel needing
training
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 76
Table 21: Pollution Prevention and Good Housekeeping BMPs
2. Either train in-house
or provide training for
all spill response team
members
2. First year (and
annually thereafter)
2. Number of
personnel trained
MS4
Permit
Ref.
3.7.3: MS4 Operation and Maintenance Program
Measures to minimize pollutants in the stormwater collection system. The permittee shall provide operation
and maintenance staff training on stormwater awareness and pollution prevention, perform MS4 inspections,
maintain the collection system including catch basins and conveyances; and establish specific frequencies,
schedules, and standard documentation.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.5 MS4 Operations and Maintenance Plan
Prepare an MS4 Operations and
Maintenance Plan
1. Prepare MS4 O&M
plan
1. First year 1. Completed YorN
#. 7.6 Staff Training
Provide or schedule for training
for MS4 staff
1. Establish training
needs for staff
1. First Year 1. Completed YorN
2. Train locally or
arrange for off-site
training
2. Annually as needed 2. Number of staff
receiving training
#. 7.7 MS4 Inspections and Maintenance
Establish an MS4 Inspection
Schedule
1. Establish specific
frequencies,
schedules, and
standard
documentation
1. First year 1. Completed YorN
2. Inspect collection
system including catch
basins and
conveyances
2. Annual in
accordance with
established schedule
2. Number of
inspections completed
annually
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 77
Table 21: Pollution Prevention and Good Housekeeping BMPs
3. Maintain the MS4
system
3. Annually 3. Number and type of
maintenance calls
performed; status of
overall MS4 system
MS4
Permit
Ref.
3.7.4: Municipal SCM Operation and Maintenance Program
Measures to manage municipally-owned, operated, and/or maintained structural stormwater control measures
(SCMs) that are installed for compliance with the permittee’s post-construction program. The permittee shall
maintain a current inventory of SCMs, perform SCM inspections and maintenance, and shall establish specific
frequencies, schedules, and documentation.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.8 SCM Inspections and Maintenance
Inspect and perform maintenance
of municipal SCMs
1. Create inventory of
municipal SCMS
1. First year and
update as necessary
1. Number of
municipal SCMs
2. Inspect municipal
SCMS
2. Annually 2. Number of
inspections of SCMs
3. Perform
maintenance as
necessary
3.Annually 3. Number and type of
maintenance activities
#. 7.9 SCM Documentation
Provide operations and
maintenance plans for each
municipal SCM.
1. Prepare O&M plan
for each SCM
1. Prior to CO being
issued for SCM
1. Number of O&M
Plans prepared
2. Specify inspection
schedules and
frequency of
inspection
2. Inspection schedule
prepared prior to CO
issued
2. Completed YorN
3. Document
inspections and follow-
up actions
3. Annually 3. Number of complete
documents filed
MS4
Permit
Ref.
3.7.5: Pesticide, Herbicide and Fertilizer Management Program
Measures to minimize water quality impacts from the use of landscape chemicals. The permittee shall provide
routine pollution prevention and chemical use, storage and handling training, and shall ensure compliance with
permits and applicator certifications.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.10 Training
Provide training on chemical use,
storage, and handling of
Pesticides, Herbicides, and
Fertilizers
1. Train individuals on
Application Use and
Safety
1. Report date
completed (Annually
thereafter)
1. Number of new
individuals trained
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 78
Table 21: Pollution Prevention and Good Housekeeping BMPs
#. 7.11 Certifications and Permits
Obtain all necessary certifications
and permits
1. Obtain applicator
certifications
1. Report date
completed (Annually
thereafter)
1. Number of new
applicator certifications
2. Obtain permits 2. Report date
completed (Annually
thereafter)
2. Number of new
permits obtained
MS4
Permit
Ref.
3.7.6: Vehicle and Equipment Maintenance Program
Measures to prevent and minimize contamination of stormwater runoff from areas used for municipal vehicle
and equipment maintenance and/or cleaning. The permittee shall ensure that municipal industrial facilities
subject to NPDES industrial permitting com ply with those permit requirements, provide routine pollution
prevention training to staff, perform routine inspections, and establish specific frequencies, schedules, and
documentation.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.12 Training
Provide routine pollution
prevention training to staff
1. Give classes to staff 1. Report date
completed (and
annually thereafter)
1. Number of
personnel by City
Department to attend
class
#. 7.13 Maintenance
Staff performs inspections and
maintains equipment IAW
facilities’ permits and/or operating
programs
1. Annual inspections
and maintenance are
performed as required
1. Report date
completed (Annually
thereafter)
1. Number of facilities
in compliance with
operations plans
MS4
Permit
Ref.
3.7.7: Pavement Management Program
Measures to reduce pollutants in stormwater runoff from municipally-owned streets, roads, and parking lots
within the permittee’s corporate limits. The permittee shall implement measures to control litter, leaves, debris,
particulate and fluid pollutants associated with vehicles, and establish specific frequencies, schedules, and
documentation.
BMP
No.
A B C D
Description of BMP Measurable Goal(s) Schedule for
Implementation
Annual Reporting
Metric
#. 7.14 Street Sweeping Program
The City of Goldsboro uses street
sweepers on the city roads and
parking lots.
1. Have operational
street sweepers
available to clean
streets and parking
lots
1. Report date
completed
1. Number of
municipal owned street
sweepers
2. Schedule street
sweeping to cover city
streets and parking
lots
2. Report date
completed
2. Number of tons of
debris and trash
removed from streets
and parking lots
DRAFT NCS000396 SWMP
City of Goldsboro
11/12/2021
Page 79
APPENDIX A
6.5 STORMWATER MANAGEMENT FOR NEW DEVELOPMENT
6.5.1 STATUTORY AUTHORIZATION
The Legislature of the State of North Carolina has, in Chapter (T15A), Article (02B), Section (.0235),
entitled Neuse River Basin-Nutrient Sensitive Waters Management Strategy; Basinwide Stormwater
Requirements, designated specific local governments for the development of new stormwater
management requirements as part of the Neuse River Nutrient Sensitive Waters stormwater
management strategy. The requirements of this Chapter shall apply to property located within the
Neuse River Basin.
6.5.2 ABBREVIATIONS
For purposes of this chapter, the following abbreviations are utilized and incorporated.
BMP Best Management Practices
DWQ North Carolina Division of Water Quality
G.S. North Carolina General Statute
MD State of Maryland
NC State of North Carolina
NCAC North Carolina Administrative Code
NPDES National Pollution Discharge Elimination System
SCM Stormwater Control Measure
TN Total Nitrogen
USDA United States Department of Agriculture
6.5.3 NUTRIENT REDUCTION REQUIREMENTS
Definition of new development/land disturbance. For purposes of this chapter, DEVELOPMENT
OR LAND DISTURBANCE shall be defined to include the following:
1. Any activity that disturbs greater than one acre of land in order to establish, expand or
modify a single-family or duplex residential development or a recreational facility;
2. Any activity that disturbs greater than one-half acre of land in order to establish, expand or
modify a multi-family residential development or a commercial, industrial or institutional
facility;
3. Exemptions. Agriculture, mining or forestry activities are not subject to the new development
requirements of this chapter.
6.5.4 VESTED RIGHTS
1. Property owners who can demonstrate that they have vested rights as of March 1, 2001 will not
be subject to the requirements of this Chapter for new development. Vested rights may be
based on at least one of the following:
• Substantial expenditures of resources as determined by the Engineering Department
(time, labor, and money) based on a good faith reliance upon having received a valid
local government approval to proceed with the project, or
• Having an outstanding valid building permit in compliance with G. S. 153-344.1 or G.S.
160A-38 5.1, or
• Having an approved site specific or phased development plan in compliance with G.S.
153A-344.1 or G. S. 160A-385.1.
2. Projects that require state permits, such as landfills, NPDES wastewater discharges, land
application of residuals and road construction activities shall be considered to have vested rights
if a state permit was issued prior to November 20, 2000.
6.5.5 CALCULATION OF NITROGEN EXPORT
The nitrogen export from each development must be calculated. This export will be calculated in
pounds per acre per year lb/ac/yr). The following methodologies will be used for calculating
nitrogen export from new development (refer to the City of Goldsboro Stormwater Management
Program for Nitrogen Control in the Neuse River Basin for calculating nitrogen export loading):
1. Method 1 is intended for residential developments where lots are shown, but the actual
footprints of buildings are not shown on the plans.
2. Method 2 is for residential, commercial, and industrial developments when the entire footprint
of the roads, parking lots, buildings, and any other built-upon area is shown on the site plans.
3. For nonresidential subdivisions where the impervious surfaces are not shown on the plans at the
time of submittal, the developer or builder will specify areas of impervious surface, undisturbed
open space, and managed open space in their building permit application, assuming the
maximum impervious surfaces and minimum open space for the project design. The developer
or builder will then use Method 2 for their calculation.
4. For redevelopment projects, the procedure as described in the City of Goldsboro Stormwater
Management Program for Nitrogen Control in the Neuse River Basin will be used to determine
the total change in nitrogen loading.
6.5.6 NITROGEN EXPORT STANDARDS
All new development will be limited to a nitrogen export of 3.6 pounds per acre per year lbs/ac/yr).
Property owners will have the option to partially offset projected nitrogen loads by funding wetland
or riparian area restoration through the NC Wetlands Restoration Program. However, no new
residential development will be permitted toexceed a total nitrogen loading rate of 6.0 lbs/ac/yr, and
no new nonresidential development will bepermitted to exceed 10.0 lbs/ac/yr.
If the development contributes greater than 3.6 lbs/ac/yr of nitrogen, then Table 6-10 summarizes
the options available, depending upon whether the development is residential or nonresidential. Any
changes to the nitrogen export standards approved by the Environmental Management Commission
will be adopted by reference.
Table 6-10
Nitrogen Export Reduction Options
Residential Commercial/Industrial
If the computed export is less than 6.0 lbs/ac/yr
then the owner may either:
If the computed export is less than 10.0 lbs/ac/yr
then the owner may either:
Install SCMs to remove enough nitrogen to bring
the development down to 3.6 lb/ac/yr.
Install SCMs to remove enough nitrogen to bring
the development down to 3.6 lbs/ac/yr.
Purchase offset credits to bring the nitrogen
down to the 3.6 lbs/ac/yr.
Purchase offset credits to bring the nitrogen
down to the 3.6 lbs/ac/yr.
Do a combination of SCMs and offset payment to
achieve a 3.6 lbs/ac/yr export.
Do a combination of SCMs and offset payment to
achieve a 3.6 lbs/ac/yr export.
If the computed export is greater than 6.0
lbs/ac/yr., the owner must use on-site SCMs to
bring the development’s export down to 6.0
lbs/ac/yr. Then, the owner may use one of the
three options above to achieve the reduction
between 6.0 and 3.6 lbs/ac/yr.
If the computed export is greater than 10.0
lbs/ac/yr., the owner must use on-site SCMs to
bring the development’s export down to 10.0
lbs/ac/yr. Then, the owner may use one of the
three options above to achieve the reduction
between 10.0 and 3.6 lbs/ac/yr.
If an offset payment is being made to the Wetlands Restoration Program, the owner must provide the
City with evidence that DWQ has received payment prior to the City's issuance of a building permit.
6.5.7 PEAK RUN-OFF CONTROL
There shall be no net increase in peak stormwater runoff flow leaving a new development site from
the pre-development conditions for the 1-year, 24-hour storm as determined by calculating the pre-and
post-development runoff in accordance with the City of Goldsboro Stormwater Management Program
for Nitrogen Control in The Neuse River Basin.
The Rational Method is the most common method for computing the peak rate of runoff from small
drainage basins (up to 150 acres) and will be used to determine the peak flow from both the
predevelopment (performed prior to issuance of the building permit) and post-development
(performed prior to issuance of the certificate of occupancy) conditions. If peak runoff needs to be
calculated for a larger drainage area (more than 150 acres), the peak discharge method as described in
the USDA Soil Conservation Service's Technical Release Number 55 (TR-55) will be employed for
computing the pre- and post-development conditions.
6.5.8 PROTECTING RIPARIAN BUFFERS
6.5.9 ESTABLISHMENT OF BUFFER
Riparian areas must be protected on new developments in accordance with the Riparian Buffer Rule
(15A NCAC 2B .0233). The rule requires for protecting and maintaining the 50-foot riparian buffers
on all sides of intermittent and perennial streams, ponds, lakes, and estuaries in the Neuse River
Basin. These waters must be shown on the most recent version of either a Natural Resources
Conservation Service (NRCS) soil survey county map or a 1:24,000 scale (7.5-minute quadrangle)
topographic map prepared by the U.S. Geological Survey (USGS). The City will refrain from issuing
local approvals for any new development activity that is proposed to take place within the first 50
feet adjacent to an affected water body, unless:
1. The person requesting the approval does not propose to impact the riparian buffer of a
surface water indicated on the NRCS or USGS map s listed above, or
2. The property owner had received approval by DWQ. DWQ approval could be:
a. An on-site determination from DWQ that surface waters are not present;
b. An authorization certificate for a use designated as allowable;
c. An authorization certificate and approval on a mitigation plan for a use designated as
allowable with mitigation; or
d. A variance.
6.5.10 DESCRIPTION OF BUFFERS ON DEVELOPMENT PLANS
Riparian areas to be protected will be recorded on new or modified plats. If the plat shows an
encroachment in to a riparian buffer, the appropriate DWQ approval must accompany the
preliminary and final plat submissions.
6.5.11 ALLOWABLE BEST MANAGEMENT PRACTICES
The SCMs which may currently be utilized for reducing nitrogen and their treatment rates can be found
in the NC DEQ stormwater design manual found at: https://deq.nc.gov/about/divisions/energy-mineral-
and-land-resources/stormwater/stormwater-program/stormwater-design
If more than one SCM is installed in series on a development, then the removal rate shall be
determined through serial rather than additive calculations. For example, if a wet detention pond
discharges through a riparian buffer, then the removal rate shall be estimated to be 47.5 percent. The
pond removes 25 percent of the nitrogen and discharges 75 percent into the buffer. The buffer then
removes 30 percent of the nitrogen discharged from the pond, which is 22.5 percent. The sum of 25
and 22.5 is 47.5. The removal rate is not 25 percent plus 30 percent.
6.5.12 MAINTENANCE OF STORMWATER CONTROL MEASURES
All best management practices that are implemented to achieve nitrogen reduction and flow
attenuation will require a maintenance plan. For the purposes of this Chapter, refer to:
1. Section 96.40, Improperly Operating SCMs (Stormwater Control Facilities) are Prohibited;
Responsibility for Maintenance.
2. Section 96.41, Compliance with Provisions.
3. Section 96.42, Inspections and Annual Inspection Fee.
6.5.13 BUILDING PERMIT AND BUILDING PERMIT REVIEW FEES
As of March 1, 2001, any builder applying for a building permit must submit his calculations for
nitrogen loading and peak runoff with both the preliminary and final plats. Application for a
building permit constitutes a certification by the developer or builder that all provisions of this
Chapter have been fully met and that the calculations for nitrogen loading and peak runoff, as shown
on the preliminary and final plats, are correct. Any SCM requiring engineering design will have the
engineer's seal and signature affixed to the design drawing, and the engineer's seal will attest that the
design for the SCM was completed in accordance with good engineering practices.
The City Council may set a fee structure for the cost of reviewing all building permit applications for
compliance with this Chapter, and the fee schedule will be as shown in the City of Goldsboro
Stormwater Management Program for Nitrogen Control in the Neuse River Basin.
6.5.14 PERMIT REQUIRED
No property owner or operator shall commence land disturbing activities, as defined in The City of
Goldsboro Stormwater Management Program, before receiving a stormwater management permit
and meeting the requirements of this ordinance. A stormwater management permit will also be
required for construction, alteration, operation, maintenance, removal, or abandonment of any
stormwater management structure (also known as a Stormwater Control Measure or SCM) that has
been, or is planned to be, put into operation after July 1, 2007. However, all SCMs that have been
reviewed under The City of Goldsboro Stormwater Management Program prior to the enactment of
this ordinance shall be deemed permitted from the date the site development plan was approved by
the City Engineer.
6.5.15 APPLICATION REQUIREMENTS
Unless specifically excluded by The City of Goldsboro Stormwater Management Program, any
property owner or operator desiring a permit for a land disturbance activity shall submit to the City
Engineer a permit application for stormwater management on a form provided for that purpose.
Unless otherwise excepted by The City of Goldsboro Stormwater Management Program, a permit
application must be accompanied by the following information in order for the permit application to
be considered:
a) Stormwater Management Plan
Site plan showing SCM locations, construction details and specifications, drainage
areas and directions, outfalls, and related information
For detention and retention structures, stage routing and storage
Calculations for reduction of peak runoff for the 1-year, 24-hour storm event and
reduction in nitrogen loading
Operations and maintenance procedures, and periodic maintenance schedules
Responsible parties (owner and operator). If a multimember association such as a
Homeowner, Property Owner, Condominium or Master Association is proposed; the
owner or developer must submit Articles of Incorporation for the Association, and
Declaration of Covenants and Restrictions, or such other organizational and operational
documents that affirmatively assign authority and responsibility for the operation and
maintenance of the stormwater management system.
b) Deed Restriction s and Protective Covenants
All stormwater management structures shall be located in recorded drainage
easements for the purposes of operation and maintenance and shall have recorded
access easements to the nearest public right of way. These easements shall be granted
in favor of the party responsible for operating and maintaining the stormwater
management structures and shall include access for City Inspectors and Engineering
Department Personnel.
Maintenance of all stormwater management facilities shall be ensured through the
creation of a formal maintenance covenant that must be approved by the City Engineer
and recorded in the Wayne County Register of Deeds office.
c) Maintenance Agreement
The agreement shall provide for access to the facility at reasonable times for periodic
inspection by the City Engineer, a City employee, or agent of the City.
The agreement shall provide for regular or special assessments of property owners to
ensure that the facility is maintained in proper working condition to meet design
standards and any other provisions established by The City of Goldsboro Stormwater
Management Program.
The agreement shall require that owner/operators keep records of the installation,
maintenance, and repair of SCMs, and retain those records for at least three (3) years.
These records shall be made available to the City Engineer during inspection of the
facility and at other reasonable times upon request.
d) Non-refundable permit review fee.
General Engineering Design Criteria shall be in accordance with 15A NCAC 2H.1008(c) as set
out below:
General Engineering Design Criteria For All Projects.
a) The size of the system must take into account the runoff at the ultimate built-out potential
from all surfaces draining to the system, including any off-site drainage. The storage volume
of the system shall be calculated to provide for the most conservative protection using run
off calculation methods described on pages A.1 and A.2 in "Controlling Urban Runoff: A
Practical Manual for Planning and Designing Urban BMPs" which is incorporated herein by
reference including all amendments thereto. This document is available through the
Metropolitan Washington (D.C.) Council of Governments at a cost of forty dollars ($40.00).
This method is also described in the North Carolina Division of Water Quality document
"An Overview of Wet Detention Basin Design." Other engineering methods may be
approved if these methods are shown to provide equivalent protection;
b) All side slopes being stabilized with vegetative cover shall be no steeper than 3:1 (horizontal
to vertical);
c) Vegetative filters are required for the overflow of all infiltration systems and discharge of all
stormwater wet detention ponds. These filters shall be at least 30 feet in length, except where a
minimum length of 50 feet is required by the North Carolina Division of Water Quality (NC
DWQ);
d) Stormwater controls shall be designed in accordance with the provisions of this Section.
Other designs may be acceptable if these designs are shown by the applicant, to the satisfaction
of the City Engineer, to provide equivalent protection;
e) In accordance with the Antidegradation Policy as defined in 15A NCAC 2B .0201, additional
control measures may be required on a case-by-case basis to maintain and protect, for existing
and anticipated uses, waters with quality higher than the standards; and
f) Stormwater control measures used for sedimentation and erosion control during the
construction phase must be cleaned out and returned to their designed state.
All SCMs will be designed to have an 85% average annual removal for Total Suspended Solids, as
well as meet all requirements in The City of Goldsboro Stormwater Management Program. The
Stormwater management plan and the maintenance agreement shall be prepared to meet all
requirements of The City of Goldsboro Stormwater Management Program, and fees shall be
established by the City of Goldsboro.
6.5.16 APPLICATION REVIEW FEES
The fee for review of any land development application shall be based on the amount of land to be
disturbed at the site, and the fee structure shall be established by the City of Goldsboro. All of the
monetary contributions shall be credited to a City budgetary fund to support and maintain local plan
review, inspection, and program administration; the fee shall be paid prior to the issuance of the
stormwater management permit for the development.
6.5.17 APPLICATION PROCEDURE
a) Applications for land disturbance activity permits may be filed with the City Engineer on only
a regular business day.
b) Permit applications shall include the following: two copies of the Stormwater management
concept plan, two copies of the maintenance agreement, and any required review fees.
c) Within 30 calendar days of the receipt of a complete permit application, including all
documents as required by this ordinance, the City Engineer shall inform the applicant in writing
whether the application, plan and maintenance agreement are approved or disapproved.
d) If the permit application, stormwater management plan, or maintenance agreement are
disapproved, the applicant may revise the stormwater management plan or agreement. If
additional information is submitted, the City Engineer shall have 15 business days from the date
the additional information is received to inform the applicant in writing that the plan and
maintenance agreement are either approved or disapproved.
e) If the permit application, final stormwater management plan, and maintenance agreement
are approved by the City Engineer, the stormwater management Permit shall be issued.
6.5.18 PERMIT DURATION
Permits issued under this section shall be valid from the date of issuance for five (5) years, except
that permits issued for removal or abandonment shall be permanent. Permit renewal applications
shall be submitted 30 days prior to the expiration date, or upon any change of the owner/operator,
which ever first occurs.
6.5.19 CRIMINAL PENALTIES
Any person who is found in violation of any provision of this Chapter, rule, regulation or order duly
adopted or issued pursuant to this Chapter shall be guilty of a misdemeanor, punishable by a fine not
to exceed $500. Each violation shall be a separate offense.
6.5.20 ORDER TO CORRECT VIOLATION
Upon a determination that such a violation exists, the Chief Building Inspector or his designee shall
notify, in writing, the owner of the premises and shall order the prompt correction thereof. The
owner will be allowed 180 days from the receipt of such written notice to comply with the provisions
of this Chapter.
6.5.21 FAILURE TO CORRECT VIOLATION; CORRECTION BY CITY
If any person, having been ordered to correct a known violation of this Chapter, fails, neglects, or
refuses to correct the condition(s) within 180 days from receipt of the order, the Chief Building
Inspector shall cause the condition to be remedied by having employees of the City or other
designated persons go upon the premises and perform the necessary corrections under the
supervision of an officer or employee designated by the City Manager.
6.5.22 COSTS OF CORRECTION
The actual cost incurred by the City to bring the development into compliance with the provisions of
this Chapter shall be charged to the owner of the development. They will be mailed a statement of
charges with instructions that such charges are due and payable within 30 days from the receipt
thereof.
6.5.23 FAILURE TO PAY CHARGES, LIEN CREATED
In the event charges for the correction of the violation are not paid within 30 days after the receipt of
a statement of charges as provided in 6.5.10 above, such charges shall become a lien upon the land or
premises where the violation existed, and shall be collected as unpaid ad valorem taxes, as provided
in G.S. §160A-193. In the event the person or persons found in violation of this Chapter have
divested themselves of the land or premises when the violation existed, the City may pursue the
responsible person or persons for payment of the charges through other legal means.
6.5.24 PROCEDURE DEEMED ADDITIONAL TO OTHER REMEDIES
The procedure set forth in this Chapter shall be in addition to any other remedies that may now or
hereafter exist under law for the correction of such violations as outlined in this Chapter, and this
Chapter shall not prevent the City from proceeding in a criminal action against any person, firm, or
corporation violating the provisions of this Chapter as provided in G.S. § 14-4.
APPENDIX B
Flood Damage Prevention Ordinance
CHAPTER 151: FLOOD DAMAGE PREVENTION
General Provisions
151.01 Statutory authorization
151.02 Findings of fact
151.03 Statement of purpose
151.04 Objectives
151.05 Definitions
151.06 Lands to which this chapter applies
151.07 Basis for establishing the special flood hazard areas
151.08 Establishment of floodplain development permit
151.09 Compliance
151.10 Abrogation and greater restrictions
151.11 Interpretation
151.12 Warning and disclaimer of liability
151.13 Penalties for violation
Administration
151.20 Designation of Floodplain Administrator
151.21 Floodplain development application, permit, certification requirements and
determinations for existing buildings and structures
151.21(1) Application requirements
151.21(2) Permit requirements
151.21(3) Certification requirements
151.21(4) Determinations for existing buildings and structures
151.22 Duties and responsibilities of the Floodplain Administrator
151.23 Corrective procedures
151.23(1) Violations to be corrected
151.23(2) Actions in event of failure to take corrective action
151.23(3) Order to take corrective action
151.23(4) Appeal
151.23(5) Failure to comply with order
151.24 Variance procedures
Provisions for Flood Hazard Reduction
151.30 General standards
151.31 Specific standards
151.31(1) Residential construction
151.31(2) Non-residential construction
151.31(3) Manufactured homes
151.31(4) Elevated buildings
151.31(5) Additions/improvements
151.31(6) Recreational vehicles
151.31(7) Temporary non-residential structures
151.31(8) Accessory structures
151.31(9) Tanks
151.31(10) Other development
151.32 Reserved
151.33 Standards for floodplains without established base flood elevations
151.34 Standards for riverine floodplains with base flood elevation but without
established floodways on non-encroachment areas
151.35 Floodways and non-encroachment areas
151.36 Standards for areas of shallow flooding (AO Zones)
151.37 Standards for areas of shallow flooding (AH Zones)
Legal Status Provisions
151.40 Effect on rights and liabilities under the existing flood damage prevention chapter
151.41 Effect upon outstanding floodplain development and building permits
151.42 Effective date
GENERAL PROVISIONS
§ 151.01 STATUTORY AUTHORIZATION.
The Legislature of the State of North Carolina has in G.S. §§ 143-215.51 et seq., 160A-
174 et seq., 160A-381 et seq., 160A-411 et seq., and 160A-456 et seq., delegated to
local governmental units the responsibility to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry.
(Ord. 2018-24, passed 5-21-18)
§ 151.02 FINDINGS OF FACT.
(A) The flood prone areas within the jurisdiction of the City of Goldsboro are subject to
periodic inundation which results in loss of life, property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures of
flood protection and relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities and by the occupancy in flood prone
areas of uses vulnerable to floods or other hazards.
(Ord. 2018-24, passed 5-21-18)
§ 151.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions within flood prone
areas by provisions designed to:
(A) Restrict or prohibit uses that are dangerous to health, safety, and property due to
water or erosion hazards or that result in damaging increases in erosion, flood heights or
velocities;
(B) Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
(D) Control filling, grading, dredging, and all other development that may increase
erosion or flood damage; and
(E) Prevent or regulate the construction of flood barriers that will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
(Ord. 2018-24, passed 5-21-18)
§ 151.04 OBJECTIVES.
The objectives of this chapter are:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(D) To minimize prolonged business losses and interruptions;
(E) To minimize damage to public facilities and utilities (for example, water and gas
mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located
in flood prone areas;
(F) To minimize damage to private and public property due to flooding;
(G) To make flood insurance available to the community through the National Flood
Insurance Program;
(H) To maintain the natural and beneficial functions of floodplains;
(I) To help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
(J) To ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
(Ord. 2018-24, passed 5-21-18)
§ 151.05 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure, which is
located on the same parcel of property as the principal structure and the use of which is
incidental to the use of the principal structure. Garages, carports and storage sheds are
common urban accessory structures. Pole barns, hay sheds and the like qualify as
accessory structures on farms, and may or may not be located on the same parcel as
the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING). An extension or increase in the floor area or
height of a building or structure.
ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation,
change in channel alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification which may alter,
impede, retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.
APPEAL. A request for a review of the Floodplain Administrator's interpretation of any
provision of this chapter.
AREA OF SHALLOW FLOODING. A designated Zone AO or AH on a community's
FLOOD INSURANCE RATE MAP (FIRM) with base flood depths determined to be from
one to three feet. These areas are located where a clearly defined channel does not
exist, where the path of flooding is unpredictable and indeterminate, and where velocity
flow may be evident.
AREA OF SPECIAL FLOOD HAZARD. See SPECIAL FLOOD HAZARD AREA
(SFHA).
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION (BFE). A determination as published in the FLOOD
INSURANCE STUDY of the WATER SURFACE ELEVATIONS of the BASE FLOOD.
This elevation, when combined with the FREEBOARD, establishes the REGULATORY
FLOOD PROTECTION ELEVATION.
BASEMENT. Any area of the building having its floor subgrade (below ground level) on
all sides.
BUILDING. See STRUCTURE.
CHEMICAL STORAGE FACILITY. A building, portion of a building, or exterior area
adjacent to a building used for the storage of any chemical or chemically reactive
products.
DESIGN FLOOD. See REGULATORY FLOOD PROTECTION ELEVATION.
DEVELOPMENT. Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY. Any activity defined as DEVELOPMENT which will
necessitate a
FLOODPLAIN DEVELOPMENT PERMIT. This includes buildings, structures, and non-
structural items, including, but not limited to, fill, bulkheads, piers, pools, docks, landings,
ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM). The digital official map of a
community, issued by the Federal Emergency Management Agency (FEMA), on which
both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to
the community are delineated.
DISPOSAL. Defined as in G.S. § 130A-290(a)(6).
ELEVATED BUILDING. A non-basement building which has its reference level raised
above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings,
permanent structures or development into a floodplain, which may impede or alter the
flow capacity of a floodplain.
EXISTING BUILDING AND EXISTING STRUCTURE. Any building and/or structure for
which the START OF CONSTRUCTION commenced before the date of the community's
entry into the NFIP, June 1,1982.
EXISTING MANUFACTURED HOME PARK or MANUFACTURED HOME
SUBDIVISION. A
manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) was completed before the date of the
community's entry into the NFIP, June 1, 1982.
FLOOD or FLOODING. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM). An official map of a community,
issued by the Federal Emergency Management Agency, on which the SPECIAL FLOOD
HAZARD AREAS and the floodways are delineated. This official map is a supplement to
and shall be used in conjunction with the FLOOD INSURANCE RATE MAP (FIRM).
FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued
by the Federal Emergency Management Agency, where the boundaries of the SPECIAL
FLOOD HAZARD AREAS have been defined as Zone A.
FLOOD INSURANCE. The insurance coverage provided under the National Flood
Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, issued by
the Federal Emergency Management Agency, on which both the SPECIAL FLOOD
HAZARD AREAS and the risk premium zones applicable to the community are
delineated.
FLOOD INSURANCE STUDY (FIS). An examination, evaluation, and determination of
flood hazard areas, corresponding water surface elevations (if appropriate), flood
insurance risk zones, and other flood data in a community issued by the Federal
Emergency Management Agency. The FLOOD INSURANCE STUDY report includes
FLOOD INSURANCE RATE MAPS (FIRMs) and FLOOD BOUNDARY AND
FLOODWAY MAPS (FBFMs), if published.
FLOOD PRONE AREA. See FLOODPLAIN.
FLOOD ZONE. A geographical area shown on a FLOOD HAZARD BOUNDARY MAP
or FLOOD INSURANCE RATE MAP that reflects the severity or type of flooding in the
area.
FLOODPLAIN or FLOOD PRONE AREA. Any land area susceptible to being inundated
by water from any source.
FLOODPLAIN ADMINISTRATOR. The individual appointed to administer and enforce
the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT. Any type of permit that is required in
conformance with the provisions of this chapter, prior to the commencement of any
development activity.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including, but not limited to, emergency
preparedness plans, flood control works, floodplain management regulations, and open
space plans.
FLOODPLAIN REGULATIONS. This chapter and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances, and other
applications of police power which control development in flood-prone areas. This term
describes federal, state, or local regulations, in any combination thereof, which provide
standards for preventing and reducing flood loss and damage.
FLOODPROOFING. Any combination of structural and nonstructural additions, changes,
or adjustments to structures, which reduce or eliminate risk of flood damage to real
estate or improved real property, water and sanitation facilities, or structures with their
contents.
FLOOD-RESISTANT MATERIAL. Any building product (material, component, or
system) capable of withstanding direct and prolonged contact (minimum 72 hours) with
floodwaters without sustaining damage that requires more than low-cost cosmetic repair.
Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or
naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring
coverings that restrict evaporation from below and materials that are impervious, but
dimensionally unstable are not acceptable. Materials that absorb or retain water
excessively after submergence are not flood-resistant. Please refer to Technical Bulletin
2, Flood Damage-Resistant Materials Requirements, available from the FEMA. Class 4
and 5 materials, referenced therein, are acceptable FLOOD-RESISTANT MATERIALS.
FLOODWAY. The channel of a river or other watercourse, including the area above a
bridge or culvert when applicable, and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot.
FLOODWAY ENCROACHMENT ANALYSIS. An engineering analysis of the impact that
a proposed encroachment into a floodway or non-encroachment area is expected to
have on the floodway boundaries and flood levels during the occurrence of the base
flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed
engineer using standard engineering methods and models.
FREEBOARD. The height added to the BASE FLOOD ELEVATION (BFE) to account
for watershed development as well as limitations of the engineering methodologies for
the determination of flood elevations. The FREEBOARD plus the BASE FLOOD
ELEVATION establishes the REGULATORY FLOOD PROTECTION ELEVATION.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its
intended purpose unless it is located in close proximity to water, such as a docking or
port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, or ship repair. The term does not include long-term storage, manufacture,
sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY. A facility for the collection, storage,
processing, treatment, recycling, recovery, or disposal of hazardous waste as defined in
G.S. §§
130A-290 et seq.
HIGHEST ADJACENT GRADE (HAG). The highest natural elevation of the ground
surface, prior to construction, immediately next to the proposed walls of the structure.
HISTORIC STRUCTURE.
(1) Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by
the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior
as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a
"Certified Local Government (CLG) Program"; or (d) Certified as contributing to the
historical significance of a historic district designated by a community with a "Certified
Local Government (CLG) Program".
(2) Certified Local Government (CLG) Programs are approved by the U.S. Department
of the Interior in cooperation with the North Carolina Department of Cultural Resources
through the State Historic Preservation Officer as having met the requirements of the
National Historic Preservation Act of 1966 as amended in 1980.
LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that
amends or revises an effective FLOOD INSURANCE RATE MAP or FLOOD
INSURANCE STUDY. LETTERS OF MAP CHANGE include:
(1) LETTER OF MAP AMENDMENT (LOMA). An official amendment, by letter, to an
effective National Flood Insurance Program map. A LOMA is based on technical data
showing that a property had been inadvertently mapped as being in the FLOODPLAIN,
but is actually on natural high ground above the BASE FLOOD ELEVATION. A LOMA
amends the current effective FLOOD INSURANCE RATE MAP and establishes that a
specific properly, portion of a property, or structure is not located in a SPECIAL FLOOD
HAZARD AREA.
(2) LETTER OF MAP REVISION (LOMR). A revision based on technical data that may
show changes to FLOOD ZONES, flood elevations, SPECIAL FLOOD HAZARD AREA
boundaries and floodway delineations, and other planimetric features.
(3) LETTER OF MAP REVISION BASED ON FILL (LOMR-F). A determination that a
structure or parcel of land has been elevated by fill above the BFE and is, therefore, no
longer located within the SPECIAL FLOOD HAZARD AREA. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community's floodplain management regulations.
(4) CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and
comment as to whether a proposed project complies with the minimum NFIP
requirements for such projects with respect to delineation of SPECIAL FLOOD
HAZARD AREAS. A CLOMR does not revise the effective FLOOD INSURANCE RATE
MAP or FLOOD INSURANCE STUDY; upon submission and approval of certified as-
built documentation, a LETTER OF MAP REVISION may be issued by FEMA to revise
the effective FIRM.
LIGHT DUTY TRUCK. Any motor vehicle rated at 8,500 pounds gross vehicular weight
rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a
basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:
(1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle;
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
LOWEST ADJACENT GRADE (LAG). The lowest elevation of the ground, sidewalk or
patio slab immediately next to the building, or deck support, after completion of the
building.
LOWEST FLOOR. The subfloor, top of slab or grade of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure, usable solely for
parking of vehicles, building access, or limited storage in an area other than a basement
area is not considered a building's
LOWEST FLOOR, provided that such an enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this chapter.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term MANUFACTURED HOME
does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE. The building value, excluding the land value and that of any
accessory structures or other improvements on the lot, established by independent
certified appraisal, replacement cost depreciated by age of building and quality of
construction (actual cash value), or adjusted tax assessed values.
NEW CONSTRUCTION. Structures for which the START OF CONSTRUCTION
commenced on or after May 17,1982, the effective date of the initial floodplain
management regulations and includes any subsequent improvements to such
structures.
NONCONFORMING BUILDING OR DEVELOPMENT. Any legally existing building or
development which fails to comply with the current provisions of this chapter.
NON-ENCROACHMENT AREA. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the WATER SURFACE ELEVATION more than one foot as
designated in the FLOOD INSURANCE STUDY report.
POST-FIRM. Construction or other development for which the START OF
CONSTRUCTION occurred on or after June 1, 1982, the effective date of the initial
FLOOD INSURANCE RATE MAP.
PRE-FIRM. Construction or other development for which the START OF
CONSTRUCTION occurred before June 1, 1982, the effective date of the initial FLOOD
INSURANCE RATE MAP.
PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure
is above ground.
PUBLIC SAFETY AND/OR NUISANCE. Anything which is injurious to the safety or
health of an entire community or neighborhood, or any considerable number of persons,
or unlawfully obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV).
(1) A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Not designed for use as a permanent primary dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use; and
(e) Is fully licensed and ready for highway use.
(2) For the purpose of this chapter, "tiny homes/houses" and park models that do not
meet the items listed above are not considered RECREATIONAL VEHICLES and
should meet the standards of and be permitted as residential structures.
REFERENCE LEVEL. The top of the lowest horizontal structural member of the lowest
floor or bottom of lowest attendant utility including ductwork for structures within all
SPECIAL FLOOD HAZARD AREAS.
REGULATORY FLOOD PROTECTION ELEVATION. The BASE FLOOD ELEVATION
plus the FREEBOARD. In SPECIAL FLOOD HAZARD AREAS where BASE FLOOD
ELEVATIONS (BFEs) have been determined, this elevation shall be the BFE plus two
feet. In SPECIAL FLOOD HAZARD AREAS where no BFE has been established, this
elevation shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION. To bring the structure or other development into compliance
with state and community floodplain management regulations, or, if this is not possible,
to reduce the impacts of its noncompliance. Ways that impacts may be reduced include
protecting the structure or other affected development from flood damages,
implementing the enforcement provisions of the chapter or otherwise deterring future
similar violations, or reducing federal financial exposure with regard to the structure or
other development.
RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream,
brook, and the like.
SALVAGE YARD. Any non-residential property used for the storage, collection, and/or
recycling of any type of equipment, and including but not limited to vehicles, appliances
and related machinery.
SOLID WASTE DISPOSAL FACILITY. Any facility involved in the disposal of solid
waste, as defined in G.S. § 130A-290(a)(35).
SOLID WASTE DISPOSAL SITE. As defined in G.S. § 130A-290(a)(36), any place at
which solid wastes are disposed of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA). The land in the FLOODPLAIN subject to a
1% or greater chance of being flooded in any given year as determined in § 151.07 of
this chapter.
START OF CONSTRUCTION. Includes substantial improvement, and means the date
the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure (including a manufactured home) on a site, such as the
pouring of slabs or footings, installation of piles, construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection
of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual START OF CONSTRUCTION
means the first alteration of any wall, ceiling, floor, or other structural part of the building,
whether or not that alteration affects the external dimensions of the building.
STRUCTURE. A walled and roofed building, a manufactured home, or a gas, liquid or
liquified gas storage tank that is principally above ground. For floodplain management
purposes, principally above ground means that at least 51% of the actual cash value of
the structure is above ground.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure during any
one-year period whereby the cost of restoring the structure to it's before damaged
condition would equal or exceed 50% of the market value of the structure before the
damage occurred. See definition of SUBSTANTIAL IMPROVEMENT.
SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction,
rehabilitation, addition, o other improvement of a structure, taking place during any one-
year period for which the
cost equals or exceeds 50% of the market value of the structure before the START OF
CONSTRUCTION of the improvement. This term includes structures which have
incurred
SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term
does not, however, include either:
(1) Any correction of existing violations of state or community health, sanitary, or safety
code specifications which have been identified by the community Code Enforcement
Official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure and the alteration is approved by
variance issued pursuant to § 151.24 of this chapter.
TECHNICAL BULLETIN and TECHNICAL FACT SHEET.
(1) A FEMA publication that provides guidance concerning the building performance
standards of the NFIP, which are contained in Title 44 of the U.S. Code of Federal
Regulations at § 60.3. The bulletins and fact sheets are intended for use primarily by
state and local officials responsible for interpreting and enforcing NFIP regulations and
by members of the development community, such as design professionals and builders.
New bulletins, as well as updates of existing bulletins, are issued periodically as needed.
The bulletins do not create regulations; rather they provide specific guidance for
complying with the minimum requirements of existing NFIP regulations.
(2) It should be noted that TECHNICAL BULLETINS and TECHNICAL FACT SHEETS
provide guidance on the minimum requirements of the NFIP regulations. State or
community requirements that exceed those of the NFIP take precedence. Design
professionals should contact the community officials to determine whether more
restrictive state or local regulations apply to the building or site in question. All applicable
standards of the state or local building code must also be met for any building in a flood
hazard area.
TEMPERATURE CONTROLLED. Having the temperature regulated by a heating and/or
cooling system, built-in or appliance.
VARIANCE. A grant of relief from the requirements of this chapter.
VIOLATION. The failure of a structure or other development to be fully compliant with
the community's floodplain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in §§ 151.20 through 151.24 and §§ 151.30 through 151.36 is presumed to be
in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION (WSE). The height, in relation to NAVD 1988, of floods
of various magnitudes and frequencies in the floodplains of riverine areas.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. WATERCOURSE includes
specifically designated areas in which substantial flood damage may occur.
(Ord. 2018-24, passed 5-21-18)
§ 151.06 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all Special Flood Hazard Areas within the jurisdiction,
including Extra- Territorial Jurisdictions (ETJ) if applicable, of the City of Goldsboro and
within the jurisdiction of any other community whose governing body agrees, by
resolution, to such applicability.
(Ord. 2018-24, passed 5-21-18)
§ 151.07 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
(A) The Special Flood Hazard Areas are those identified under the Cooperating
Technical State (CTS) agreement between the State of North Carolina and FEMA in its
FIS dated June 20, 2018 for Wayne County and associated DFIRM panels, including
any digital data developed as part of the FIS, which are adopted by reference and
declared a part of this chapter. Future revisions to the FIS and DFIRM panels that do not
change flood hazard data within the jurisdictional authority of the City of Goldsboro are
also adopted by reference and declared a part of this chapter. Subsequent Letter of Map
Revisions (LOMRs) and/or Physical Map Revisions (PMRs) shall be adopted within
three months. The Special Flood Hazard Areas also include those defined through
standard engineering analysis for private developments or by governmental agencies,
but which have not yet been incorporated in the FIRM. This includes, but is not limited
to, detailed flood data generated as a requirement of §§ 151.22(K) and 151.22(L) of this
chapter;
(B) In addition, upon annexation to the city or inclusion in the Extra-Territorial
Jurisdiction (ETJ), the Special Flood Hazard Areas identified by the Federal Emergency
Management Agency (FEMA) and/or produced under the Cooperating Technical State
agreement between the State of North Carolina and FEMA as stated above, for the
unincorporated areas of Wayne County, with accompanying maps and other supporting
data, are adopted by reference and declared to be a part of this chapter.
(Ord. 2018-24, passed 5-21-18)
§ 151.08 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT.
A floodplain development permit shall be required in conformance with the provisions of
this chapter prior to the commencement of any development activities within Special
Flood Hazard Areas as determined in § 151.07.
(Ord. 2018-24, passed 5-21-18)
§ 151.09 COMPLIANCE.
No structure or land shall hereafter be located, extended, converted, altered, or
developed in any way without full compliance with the terms of this chapter and other
applicable regulations.
(Ord. 2018-24, passed 5-21-18)
§ 151.10 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2018-24, passed 5-21-18)
§ 151.11 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 2018-24, passed 5-21-18)
§ 151.12 WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering consideration. Larger
floods can and will occur. Actual flood heights may be increased by man-made or
natural causes. This chapter does not imply that land outside the Special Flood Hazard
Areas or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the City of Goldsboro or by any officer
or employee thereof for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
(Ord. 2018-24, passed 5-21-18)
§ 151.13 PENALTIES FOR VIOLATION.
Violation of the provisions of this chapter or failure to comply with any of its
requirements, including violation of conditions and safeguards established in connection
with grants of variance or special exceptions, shall constitute a Class 1 misdemeanor
pursuant to G.S. § 143-215.58. Any person who violates this chapter or fails to comply
with any of its requirements shall, upon conviction thereof, be fined not more than $100
or imprisoned for not more than 30 days, or both. Each day such violation continues
shall be considered a separate offense. Nothing herein contained shall prevent City of
Goldsboro from taking such other lawful action as is necessary to prevent or remedy any
violation.
(Ord. 2018-24, passed 5-21-18)
ADMINISTRATION
§ 151.20 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The City Engineer or his/her designee, hereinafter referred to as the "Floodplain
Administrator", is hereby appointed to administer and implement the provisions of this
chapter. In instances where the Floodplain Administrator receives assistance from
others to complete tasks to administer and implement this chapter, the Floodplain
Administrator shall be responsible for the coordination and community's overall
compliance with the National Flood Insurance Program and the provisions of this
chapter.
(Ord. 2018-24, passed 5-21-18)
§ 151.21 FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT, CERTIFICATION
REQUIREMENTS, AND DETERMINATIONS FOR EXISTING BUILDINGS AND
STRUCTURES.
§ 151.21(1) APPLICATION REQUIREMENTS.
Application for a floodplain development permit and/or building permit shall be made to
the Chief Building Inspector prior to any development activities located within Special
Flood Hazard Areas. The following items shall be presented to the Chief Building
Inspector to apply for a floodplain development permit and/or building permit:
(A) A plot plan drawn to scale which shall include, but shall not be limited to, the
following specific details of the proposed floodplain development:
(1) The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility systems,
grading/pavement areas, fill materials, storage areas, drainage facilities, and other
development;
(2) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other
flood map as determined in § 151.07, or a statement that the entire lot is within the
Special Flood Hazard Area;
(3) Flood zone(s) designation of the proposed development area as determined on the
FIRM or other flood map as determined in § 151.07;
(4) The boundary of the floodway(s) or non-encroachment area(s) as determined in §
151.07;
(5) The Base Flood Elevation (BFE) where provided as set forth in §§ 151.07, 151.22(K),
151.22(L), or 151.33;
(6) The old and new location of any watercourse that will be altered or relocated as a
result of proposed development; and
(7) The certification of the plot plan by a registered land surveyor or professional
engineer.
(B) Proposed elevation, and method thereof, of all development within a Special Flood
Hazard Area including but not limited to:
(1) Elevation in relation to NAVD 1988 of the proposed reference level (including
basement) of all structures;
(2) Elevation in relation to NAVD 1988 to which any non-residential structure in Zone
AE, A, AH, A99 or AO will be flood-proofed; and
(3) Elevation in relation to NAVD 1988 to which any proposed utility systems will be
elevated or floodproofed.
(C) If floodproofing, a Floodproofmg Certificate (FEMA Form 086-0-34) with supporting
data, an operational plan, and an inspection and maintenance plan that include, but are
not limited to, installation, exercise, and maintenance of floodproofing measures
assuring their effectiveness when installed, and the entity responsible for transportation
and installation according to the design within the warning time available. Floodproofing
certificate and supporting data and operational plans shall be certified by a registered
professional engineer or architect to ensure that the nonresidential floodproofed
development will meet the floodproofing criteria in § 151.31(2).
(D) A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of this chapter are met. These details include,
but are not limited to:
(1) The proposed method of elevation, if applicable (such as fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls); and
(2) Openings to facilitate equalization of hydrostatic flood forces on walls in accordance
with § 151.31(4), when solid foundation perimeter walls are used in Zones A, AO, AE,
AH and A99.
(E) Usage details of any enclosed areas below the Regulatory Flood Protection
Elevation.
(F) Plans and/or details for the protection of public utilities and facilities such as sewer,
gas, electrical, and water systems to be located and constructed to minimize flood
damage.
(G) Copies of all other local, state and federal permits required prior to floodplain
development permit issuance (for example, wetlands, endangered species, erosion and
sedimentation control, riparian buffers, mining, and the like).
(H) Documentation for placement of recreational vehicles and/or temporary structures,
when applicable, to ensure §§ 151.31(6) and 151.31(7) of this chapter are met.
(I) A description of proposed watercourse alteration or relocation, when applicable,
including an engineering report on the effects of the proposed project on the flood-
carrying capacity of the watercourse and the effects to properties located both upstream
and downstream; and a map (if not shown on plot plan) showing the location of the
proposed watercourse alteration or relocation.
(Ord. 2018-24, passed 5-21-18)
§ 151.21(2) PERMIT REQUIREMENTS.
The floodplain development permit and/or the building permit shall include, but not be
limited to:
(A) A complete description of all the development to be permitted under the floodplain
development permit (for example, house, garage, pool, septic, bulkhead, cabana, pier,
bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials, and the like).
(B) The Special Flood Hazard Area determination for the proposed development with
available data specified in § 151.07.
(C) The Regulatory Flood Protection Elevation required for the reference level and all
attendant utilities.
(D) The Regulatory Flood Protection Elevation required for the protection of all public
utilities.
(E) All certification submittal requirements with timelines.
(F) A statement that no fill material or other development shall encroach into the
floodway or non-encroachment area of any watercourse unless the requirements of §
151.35 have been met.
(G) The flood openings requirements, if in Zones A, AE, AH, AO, or A99.
(H) Limitations of below BFE enclosure uses (for example, parking, building access and
limited storage only), if applicable.
(Ord. 2018-24, passed 5-21-18)
§ 151.21(3) CERTIFICATION REQUIREMENTS.
(A) Elevation Certificates.
(1) An Elevation Certificate (FEMA Form 086-0-33) is required prior to the actual start of
any new construction. It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the elevation of the reference level, in relation to NAVD
1988. The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder prior to the
beginning of construction. Failure to submit the certification or failure to make required
corrections shall be cause to deny a floodplain development permit.
(2) An Elevation Certificate (FEMA Form 086-0-33) is required after the reference level
is established. Within seven calendar days of establishment of the reference level
elevation, it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the elevation of the reference level, in relation to NAVD
1988. Elevation certification shall be prepared by, or under the direct supervision of a
professional land surveyor. Any work done within the seven day calendar period and
prior to submission of the certification shall be at the permit holder's risk. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the certification or failure to make required
corrections shall be cause to issue a stop-work order for the project.
(3) A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) is required
after construction is completed and prior to Certificate of Compliance/Occupancy
issuance. It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of final as-built construction of the elevation of the reference
level and all attendant utilities. Elevation certification shall be prepared by, or under the
direct supervision of a professional land surveyor. The Floodplain Administrator shall
review the certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior to Certificate of
Compliance/Occupancy issuance. In some instances, another certification may be
required to certify corrected as-built construction. Failure to submit the certification or
failure to make required corrections shall be cause to withhold the issuance of a
Certificate of Compliance/Occupancy. The Finished Construction Elevation Certificate
certifier shall provide at least two photographs showing the front and rear of the building
taken within 90 days from the date of certification. The photographs must be taken with
views confirming the building description and diagram number provided in Section A. To
the extent possible, these photographs should show the entire building including
foundation. If the building has split-level or multi-level areas, provide at least two
additional photographs showing side views of the building. In addition, when applicable,
provide a photograph of the foundation showing a representative example of the flood
openings or vents. All photographs must be in color and measure at least three inches
by three inches. Digital photographs are acceptable.
(B) Floodproofing Certificate.
(1) If non-residential floodproofing is used to meet the Regulatory Flood Protection
Elevation requirements, a Floodproofing Certificate (FEMA Form 086-0-34), with
supporting data, an operational plan, and an inspection and maintenance plan are
required prior to the actual start of any new construction. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the floodproofed design
elevation of the reference level and all attendant utilities, in relation to NAVD 1988.
Floodproofing certification shall be prepared by or under the direct supervision of a
professional engineer or architect and certified by same. The Floodplain Administrator
shall review the certificate data, the operational plan, and the inspection and
maintenance plan. Deficiencies detected by such review shall be corrected by the
applicant prior to permit approval. Failure to submit the certification or failure to make
required corrections shall be cause to deny a Floodplain Development Permit. Failure to
construct in accordance with the certified design shall be cause to withhold the issuance
of a Certificate of Compliance/Occupancy.
(2) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34), with
supporting data, an operational plan, and an inspection and maintenance plan are
required prior to the issuance of a Certificate of Compliance/Occupancy. It shall be the
duty of the permit holder to submit to the Floodplain Administrator a certification of the
floodproofed design elevation of the reference level and all attendant utilities, in relation
to NAVD 1988. Floodproofing certificate shall be prepared by or under the direct
supervision of a professional engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan, and the inspection
and maintenance plan. Deficiencies detected by such review shall be corrected by the
applicant prior to Certificate of Occupancy. Failure to submit the certification or failure to
make required corrections shall be cause to deny a Floodplain Development Permit.
Failure to construct in accordance with the certified design shall be cause to deny a
Certificate of Compliance/Occupancy.
(C) If a manufactured home is placed within Zones A, AE, AH, AO, A99 and the
elevation of the chassis is more than 36 inches in height above grade, an engineered
foundation certification is required in accordance with the provisions of § 151.31(3).
(D) If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer's certified report on the
effects of the proposed project on the flood-carrying capacity of the watercourse and the
effects to properties located both upstream and downstream; and a map showing the
location of the proposed watercourse alteration or relocation shall all be submitted by the
permit applicant prior to issuance of a floodplain development permit.
(E) Certification exemptions. The following structures, if located within Zones A, AE, AH,
AO, A99, are exempt from the elevation/floodproofing certification requirements
specified in divisions (A) and (B) above:
(1) Recreational vehicles meeting requirements of § 151.31(6)(A);
(2) Temporary structures meeting requirements of § 151.31(7); and
(3) Accessory structures less than 150 square feet meeting requirements of § 151.31(8).
(Ord. 2018-24, passed 5-21-18)
§ 151.21(4) DETERMINATIONS FOR EXISTING BUILDINGS AND STRUCTURES.
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
(A) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or structure
before the start of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before the damage occurred
and before any repairs are made;
(B) Compare the cost to perform the improvement, the cost to repair a damaged building
to its pre-damaged condition, or the combined costs of improvements and repairs, if
applicable, to the market value of the building or structure;
(C) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(D) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the North Carolina Building Code and this chapter
is required.
(Ord. 2018-24, passed 5-21-18)
§ 151.22 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR.
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(A) Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of this
chapter have been satisfied.
(B) Review all proposed development within Special Flood Hazard Areas to assure that
all necessary local, state, and federal permits have been received, including Section 404
of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, and
require that copies of such permits be provided and maintained on file with the floodplain
development permit.
(C) Notify adjacent communities and the North Carolina Department of Public Safety,
Division of Emergency Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency (FEMA).
(D) Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
(E) Prevent encroachments into floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions of § 151.34 or § 151.35, whichever is
applicable, are met.
(F) Obtain actual elevation (in relation to NAVD 1988) of the reference level (including
basement) and all attendant utilities of all new or substantially improved structures, in
accordance with § 151.21(3).
(G) Obtain the actual elevation (in relation to NAVD 1988) to which the new or
substantially improved structures and all utilities have been floodproofed, in accordance
with § 151.21(3).
(H) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance
with § 151.21(3).
(I) When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with §§ 151.21(3) and
151.31(2).
(J) Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas, floodways, or non-encroachment areas (for example, where there
appears to be a conflict between a mapped boundary and actual field conditions), make
the necessary interpretation. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in this §
151.23(4).
(K) When Base Flood Elevation (BFE) data-has not been provided in accordance with §
151.07, obtain, review, and reasonably utilize any Base Flood Elevation (BFE) data,
along with floodway data or non-encroachment area data available from a federal, state,
or other source, including data developed pursuant to § 151.33(B)(2), in order to
administer the provisions of this chapter.
(L) When Base Flood Elevation (BFE) data is provided but no floodway nor non-
encroachment area data has been provided in accordance with § 151.07, obtain, review,
and reasonably utilize any floodway data or non-encroachment area data available from
a federal, state, or other source in order to administer the provisions of this chapter.
(M) When the exact location of boundaries of the Special Flood Hazard Areas conflict
with the current, natural topography information at the site, the property owner may
apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. Maintain a
copy of the Letter of Map Amendment (LOMA) issued by FEMA in the Floodplain
Development Permit file.
(N) Permanently maintain all records that pertain to the administration of this chapter
and make these records available for public inspection, recognizing that such
information may be subject to the Privacy Act of 1974, as amended.
(O) Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator and/or Chief Building
Inspector shall make as many inspections of the work as may be necessary to ensure
that the work is being done according to the provisions of the local ordinance and the
terms of the permit. In exercising this power, the Floodplain Administrator and/or Chief
Building Inspector has a right, upon presentation of proper credentials, to enter on any
premises within the jurisdiction of the community at any reasonable hour for the
purposes of inspection or other enforcement action.
(P) Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this chapter, the Floodplain
Administrator or Chief Building Inspector may order the work to be immediately stopped.
The stop- work order shall be in writing and directed to the person doing or in charge of
the work. The stop-work order shall state the specific work to be stopped, the specific
reason(s) for the stoppage, and the condition under which the work may be resumed.
Violation of a stop-work order constitutes a misdemeanor.
(Q) Revoke floodplain development permits as required. The Floodplain Administrator or
Chief Building Inspector may revoke and require the return of the floodplain
development permit by notifying the permit holder in writing stating the reason(s) for the
revocation. Permits shall be revoked for any substantial departure from the approved
application, plans, or specifications; for refusal or failure to comply with the requirements
of state or local laws, or for false statements or misrepresentations made in securing the
permit. Any floodplain development permit mistakenly issued in violation of an applicable
state or local law may also be revoked.
(R) Make periodic inspections throughout all Special Flood Hazard Areas within the
jurisdiction of the community. The Floodplain Administrator or Chief Building Inspector
and each member of his or her inspections department shall have a right, upon
presentation of proper credentials, to enter on any premises within the territorial
jurisdiction of the department at any reasonable hour for the purposes of inspection or
other enforcement action.
(S) Follow through with corrective procedures of § 151.23.
(T) Review, provide input, and make recommendations for variance requests.
(U) Maintain a current map repository to include, but not limited to, historical and
effective FIS report, historical and effective FIRM and other official flood maps and
studies adopted under § 151.07 of this chapter, including any revisions thereto including
Letters of Map Change, issued by FEMA. Notify state and FEMA of mapping needs.
(V) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
(Ord. 2018-24, passed 5-21-18)
§ 151.23 CORRECTIVE PROCEDURES.
§ 151.23(1) VIOLATIONS TO BE CORRECTED.
When the Floodplain Administrator or Chief Building Inspector finds violations of
applicable state and local laws, it shall be his or her duty to notify the owner or occupant
of the building of the violation. The owner or occupant shall immediately remedy each of
the violations of law pertaining to their property.
(Ord. 2018-24, passed 5-21-18)
§ 151.23(2) ACTIONS IN EVENT OF FAILURE TO TAKE CORRECTIVE ACTION.
If the owner of a building or property shall fail to take prompt corrective action, the
Floodplain Administrator or Chief Building Inspector shall give the owner written notice,
by certified or registered mail to the owner's last known address or by personal service,
stating:
(A) That the building or property is in violation of the Flood Damage Prevention chapter;
(B) That a hearing will be held before the Floodplain Administrator or Chief Building
Inspector at a designated place and time, not later than ten days after the date of the
notice, at which time the owner shall be entitled to be heard in person or by counsel and
to present arguments and evidence pertaining to the matter; and
(C) That following the hearing, the Floodplain Administrator or Chief Building Inspector
may issue an order to alter, vacate, or demolish the building; or to remove fill as appears
appropriate.
(Ord. 2018-24, passed 5-21-18)
§ 151.23(3) ORDER TO TAKE CORRECTIVE ACTION.
If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator or Chief Building Inspector shall find that the building or development is in
violation of the Flood Damage Prevention chapter, he or she shall issue an order in
writing to the owner, requiring the owner to remedy the violation within a specified time
period, not less than 60 calendar days, nor more than 180 calendar days. Where the
Floodplain Administrator or Chief Building Inspector finds that there is imminent danger
to life or other property, he or she may order that corrective action be taken in such
lesser period as may be feasible.
(Ord. 2018-24, passed 5-21-18)
§ 151.23(4) APPEAL.
Any owner who has received an order to take corrective action may appeal the order to
the local elected governing body by giving notice of appeal in writing to the Floodplain
Administrator or Chief Building Inspector and the clerk within ten days following issuance
of the final order. In the absence of an appeal, the order of the Floodplain Administrator
or Chief Building Inspector shall be final. The local governing body shall hear an appeal
within a reasonable time and may affirm, modify and affirm, or revoke the order.
(Ord. 2018-24, passed 5-21-18)
§ 151.23(5) FAILURE TO COMPLY WITH ORDER.
If the owner of a building or property fails to comply with an order to take corrective
action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor
pursuant to G.S. § 143-215.58 and shall be punished at the discretion of the court.
(Ord. 2018-24, passed 5-21-18)
§ 151.24 VARIANCE PROCEDURES.
(A) The Planning Commission/Board of Adjustment as established by the city,
hereinafter referred to as the "Appeal Board", shall hear and decide requests for
variances from the requirements of this chapter.
(B) Any person aggrieved by the decision of the Appeal Board may appeal such decision
to the court, as provided in G.S. Chapter 7A.
(C) Variances may be issued for:
(1) The repair or rehabilitation of historic structures upon the determination that the
proposed repair or rehabilitation will not preclude the structure's continued designation
as a historic structure and that the variance is the minimum necessary to preserve the
historic character and design of the structure.
(2) Functionally dependant facilities if determined to meet the definition as stated in §
151.05 of this chapter, provided provisions of §§ 151.24(G), 151.24(H)(2) and
151.24(H)(3) have been satisfied, and such facilities are protected by methods that
minimize flood damages during the base flood and create no additional threats to public
safety; or
(3) Any other type of development provided it meets the requirements stated in this
section.
(D) In passing upon variances, the Appeal Board shall consider all technical evaluations,
all relevant factors, all standards specified in other sections of this chapter, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location as defined under § 151.05 of this
chapter as a functionally dependant facility, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
(E) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(F) Upon consideration of the factors listed above and the purposes of this chapter, the
Appeal Board may attach such conditions to the granting of variances as it deems
necessary to further the purposes and objectives of this chapter.
(G) Variances shall not be issued within any designated floodway or non-encroachment
area if any increase in flood levels during the base flood discharge would result.
(H) Conditions for variances.
(1) Variances shall not be issued when the variance will make the structure in violation
of other federal, state, or local laws, regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(3) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship; and
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create
nuisance, cause fraud on or victimization of the public, or conflict with existing local laws
or ordinances.
(4) Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the BFE and the elevation to which the structure is to be built
and that such construction below the BFE increases risks to life and property, and that
the issuance of a variance to construct a structure below the BFE may result in
increased premium rates for flood insurance up to $25 per $100 of insurance coverage.
Such notification shall be maintained with a record of all variance actions, including
justification for their issuance.
(5) The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the Federal Emergency Management Agency and the State of
North Carolina upon request.
(6) Variances shall only be issued prior to development permit approval.
(I) A variance may be issued for solid waste disposal facilities or sites, hazardous waste
management facilities, salvage yards, and chemical storage facilities that are located in
Special Flood Hazard Areas provided that all of the following conditions are met:
(1) The use serves a critical need in the community;
(2) No feasible location exists for the use outside the Special Flood Hazard Area;
(3) The reference level of any structure is elevated or floodproofed to at least the
regulatory flood protection elevation;
(4) The use complies with all other applicable federal, state, and local laws; and
(5) The City of Goldsboro has notified the Secretary of the North Carolina Department of
Public Safety of its intention to grant a variance at least 30 calendar days prior to
granting the variance.
(Ord. 2018-24, passed 5-21-18)
PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 151.30 GENERAL STANDARDS.
In all Special Flood Hazard Areas the following provisions are required.
(A) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, and lateral movement of the structure.
(B) All new construction and substantial improvements below the Regulatory Flood
Protection Elevation shall be constructed with materials and utility equipment resistant to
flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-
Resistant Materials Requirements.
(C) All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damages.
(D) All new electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall be located at or above the RFPE or designed and installed
to prevent water from entering or accumulating within the components during the
occurrence of the base flood. These include, but are not limited to, HVAC equipment,
water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes,
utility/cable boxes, water heaters, and electric outlets/switches.
(1) Replacements part of a substantial improvement, electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service equipment shall also meet the
above provisions.
(2) Replacements that are for maintenance and not part of a substantial improvement,
may be installed at the original location provided the addition and/or improvements only
comply with the standards for new construction consistent with the code and
requirements for the original structure.
(E) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
(F) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters.
(G) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
(H) Nothing in this chapter shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located totally or
partially within the floodway, non-encroachment area, or stream setback, provided there
is no additional encroachment below the Regulatory Flood Protection Elevation in the
floodway, non-encroachment area, or stream setback, and provided that such repair,
reconstruction, or replacement meets all of the other requirements of this chapter.
(I) New solid waste disposal facilities, hazardous waste management facilities, salvage
yards, and chemical storage facilities shall not be permitted in Special Flood Hazard
Areas, except by variance as specified in § 151.24(I). A structure or tank for chemical or
fuel storage incidental to an allowed use or to the operation of a water treatment plant or
wastewater treatment facility may be located in a Special Flood Hazard Area only if the
structure or tank is either elevated or floodproofed to at least the regulatory flood
protection elevation and certified according to § 151.21(3) of this chapter.
(J) All development proposals shall be consistent with the need to minimize flood
damage.
(K) All development proposals shall have public utilities and facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize flood damage.
(L) All development proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
(M) All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is required by
federal or state law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334.
(N) When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
(O) When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple Base Flood Elevations, the provisions for the more restrictive flood
hazard risk zone and the highest BFE shall apply.
(Ord. 2018-24, passed 5-21-18)
§ 151.31 SPECIFIC STANDARDS.
In all Special Flood Hazard Areas where Base Flood Elevation (BFE) data has been
provided, as set forth in §§ 151.07, 151.22(K) or 151.22(E), the following provisions, in
addition to § 151.30, are required.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(1) RESIDENTIAL CONSTRUCTION.
New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated no
lower than the regulatory flood protection elevation, as defined in § 151.05 of this
chapter.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(2) NON-RESIDENTIAL CONSTRUCTION.
New construction and substantial improvement of any commercial, industrial, or other
nonresidential structure shall have the reference level, including basement, elevated no
lower than the regulatory flood protection elevation, as defined in § 151.05 of this
chapter. Structures located in A, AO, AE and A99 Zones may be floodproofed to the
regulatory flood protection elevation in lieu of elevation provided that all areas of the
structure, together with attendant utility and sanitary facilities, below the required flood
protection elevation are watertight with walls substantially impermeable to the passage
of water, using structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing
elevation shall be in accordance with § 151.36(B). A registered professional engineer or
architect shall certify that the standards of this section are satisfied. Such certification
shall be provided to the Floodplain Administrator or Chief Building Inspector as set forth
in § 151.21(3), along with the operational, inspection, and maintenance plans.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(3) MANUFACTURED HOMES.
(A) New or replacement manufactured homes shall be elevated so that the reference
level of the manufactured home is no lower than the regulatory flood protection
elevation, as defined in § 151.05 of this chapter.
(B) Manufactured homes shall be securely anchored to an adequately anchored
foundation to resist flotation, collapse, and lateral movement in accordance with the
most current edition of the State of North Carolina Regulations for Manufactured/Mobile
Homes, adopted by the Commissioner of Insurance pursuant to G.S. § 143-143.15.
Additionally, when the elevation would be met by an elevation of the chassis 36 inches
or less above the grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above 36 inches in height,
an engineering certification is required.
(C) All foundation enclosures or skirting below the lowest floor shall be in accordance
with § 151.31(4).
(D) An evacuation plan must he developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be filed with and approved
by the Floodplain Administrator and the local Emergency Management Coordinator.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(4) ELEVATED BUILDINGS.
Enclosed areas, of new construction or substantially improved structures, which are
below the regulatory flood protection elevation:
(A) Shall not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access, or limited storage of maintenance equipment used
in connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be partitioned or finished
into separate rooms, except to enclose storage areas
(B) Shall not be temperature-controlled or conditioned;
(C) Shall be constructed entirely of flood resistant materials below the regulatory flood
protection elevation; and
(D) Shall include, in Zones A, AO, AE, AH and A99, measures to automatically equalize
hydrostatic flood forces on wails by allowing for the entry and exit of floodwaters. To
meet this requirement, the openings must either be certified by a professional engineer
or architect or meet the following minimum design criteria;
(1) Provide a minimum of two openings on different sides of each enclosed area subject
to flooding;
(2) The total net area of all openings must be at least one square inch for each square
foot of enclosed area subject to flooding;
(3) If a building has more than one enclosed area, each area must have openings to
allow floodwaters to automatically enter and exit;
(4) The bottom of all required openings shall be no higher than one foot above the
higher of the interior or exterior adjacent grade;
(5) Flood openings may be equipped with screens, louvers, or other opening coverings
or devices, provided they permit the automatic flow of floodwaters in both directions; and
(6) Foundation enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings. Masonry or wood
underpinning, regardless of structural status, is considered an enclosure and requires
openings as outlined above.
(E) Property owners shall be required to execute and record a non-conversion
agreement prior to issuance of a building permit declaring that the area below the
Regulatory Flood Protection
Elevation shall not be improved, finished or otherwise converted to habitable space; The
City of Goldsboro will have the right to inspect the enclosed area. The City of Goldsboro
will conduct annual inspections. This agreement shall be recorded with the Wayne
County Register of Deeds and shall transfer with the property in perpetuity.
(F) Release of restrictive covenant. If a property which is bound by a non-conversion
agreement is modified to remove enclosed areas below Regulatory Flood Protection
Elevation, then the owner may request release of restrictive covenant after staff
inspection and submittal of confirming documentation.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(5) ADDITIONS/IMPROVEMENTS.
(A) Additions and/or improvements to pre-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure are:
(1) Not a substantial improvement, the addition and/or improvements must be designed
to minimize flood damages and must not be any more nonconforming than the existing
structure.
(2) A substantial improvement, with modifications/rehabilitations/improvements to the
existing structure or the common wall is structurally modified more than installing a
doorway, both the existing structure and the addition must comply with the standards for
new construction.
(B) Additions to pre-FIRM or post-FIRM structures that are a substantial improvement
with no modifications/rehabilitations/improvements to the existing structure other than a
standard door in the common wall, shall require only the addition to comply with the
standards for new construction.
(C) Additions and/or improvements to post-FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure are:
(1) Not a substantial improvement, the addition and/or improvements only must comply
with the standards for new construction consistent with the code and requirements for
the original structure.
(2) A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
(D) Where a fire wall or independent perimeter load-bearing wall is provided between
the addition and the existing building, the addition(s) shall be considered a separate
building and only the addition must comply with the standards for new construction.
(E) Any combination of repair, reconstruction, rehabilitation, addition or improvement of
a building or structure taking place during a one year period, the cumulative cost of
which equals or exceeds 50% of the market value of the structure before the
improvement or repair is started must comply with the standards for new construction.
For each building or structure, the one year period begins on the date of the first
improvement or repair of that building or structure subsequent to the effective date of
this chapter. Substantial damage also means flood-related damage sustained by a
structure on two separate occasions during a 10-year period for which the cost of repairs
at the time of each such flood event, on the average, equals or exceeds 25% of the
market value of the structure before the damage occurred. If the structure has sustained
substantial damage, any repairs are considered substantial improvement regardless of
the actual repair work performed. The requirement does not, however, include either:
(1) Any project for improvement of a building required to correct existing health, sanitary
or safety code violations identified by the building official and that are the minimum
necessary to assume safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(6) RECREATIONAL VEHICLES.
Recreational vehicles placed on sites within a Special Flood Hazard Area shall either:
(A) Be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities, and has no
permanently attached additions); or
(B) Meet all the requirements for new construction, including anchoring and elevation
requirements of §§ 151.21, 151.30 and 151.31(3).
(Ord. 2018-24, passed 5-21-18)
§ 151.31(7) TEMPORARY NON-RESIDENTIAL STRUCTURES.
Prior to the issuance of a floodplain development permit and/or building permit for a
temporary structure, applicants must submit to the Floodplain Administrator a plan for
the removal of such structure(s) in the event of a hurricane, flash flood or other type of
flood warning notification. The following information shall be submitted in writing to the
Floodplain Administrator for review and written approval:
(A) A specified time period for which the temporary use will be permitted. Time specified
may not exceed three months, renewable up to one year;
(B) The name, address, and phone number of the individual responsible for the removal
of the temporary structure;
(C) The time frame prior to the event at which a structure will be removed (for example,
minimum of 72 hours before landfall of a hurricane or immediately upon flood warning
notification);
(D) A copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
(E) Designation, accompanied by documentation, of a location outside the Special Flood
Hazard Area, to which the temporary structure will be moved.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(8) ACCESSORY STRUCTURES.
When accessory structures (sheds, detached garages and the like) are to be placed
within a Special Flood Hazard Area, the following criteria shall be met:
(A) Accessory structures shall not be used for human habitation (including working,
sleeping, living, cooking or restroom areas);
(B) Accessory structures shall not be temperature-controlled;
(C) Accessory structures shall be designed to have low flood damage potential;
(D) Accessory structures shall be constructed and placed on the building site so as to
offer the minimum resistance to the flow of floodwaters;
(E) Accessory structures shall be firmly anchored in accordance with § 151.30(A);
(F) All service facilities such as electrical shall be installed in accordance with §
151.30(D);
(G) Openings to relieve hydrostatic flood forces shall be provided below regulatory flood
protection elevation in conformance with § 151.31(4)(C); and
(H) An accessory structure with a footprint less than 150 square feet that satisfies the
criteria outlined above is not required to meet the elevation or floodproofing standards of
§ 151.31(2). Elevation or floodproofing certifications are required for all other accessory
structures in accordance with § 151.21(3).
(Ord. 2018-24, passed 5-21-18)
§ 151.31(9) TANKS.
When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area,
the following criteria shall be met.
(A) Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse, or lateral movement resulting from hydrodynamic and
hydrostatic loads during conditions of the design flood, including the effects of buoyancy
assuming the tank is empty;
(B) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
elevated to or above the Regulatory Flood Protection Elevation on a supporting structure
that is designed to prevent flotation, collapse, or lateral movement during conditions of
the design flood. Tank supporting structures shall meet the foundation requirements of
the applicable flood hazard area;
(C) Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of § 151.31(2) shall be permitted in flood hazard areas provided
the tanks are designed, constructed, installed, and anchored to resist all flood-related
and other loads, including the effects of buoyancy, during conditions of the design flood
and without release of contents in the floodwaters or infiltration by floodwaters into the
tanks. Tanks shall be designed, constructed, installed, and anchored to resist the
potential buoyant and other flood forces acting on an empty tank during design flood
conditions.
(D) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the Regulatory Flood Protection Elevation or fitted with covers designed
to prevent the inflow of floodwater or outflow of the contents of the tanks during
conditions of the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.
(Ord. 2018-24, passed 5-21-18)
§ 151.31(10) OTHER DEVELOPMENT.
(A) Fences in regulated floodways and non-encroachment areas that have the potential
to block the passage of floodwaters, such as stockade fences and wire mesh fences,
shall meet the limitations of § 151.35 of this chapter.
(B) Retaining walls, sidewalks and driveways in regulated floodways and non-
encroachment areas. Retaining walls and sidewalks and driveways that involve the
placement of fill in regulated floodways shall meet the limitations of § 151.35 of this
chapter.
(C) Roads and watercourse crossings in regulated floodways and non-encroachment
areas. Roads and watercourse crossings, including roads, bridges, culverts, low-water
crossings and similar means for vehicles or pedestrians to travel from one side of a
watercourse to the other side, that encroach into regulated floodways shall meet the
limitations of § 151.35 of this chapter.
(Ord. 2018-24, passed 5-21-18)
§ 151.32 RESERVED.
§ 151.33 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE
FLOOD
ELEVATIONS.
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in § 151.21(3), where no Base Flood Elevation (BFE) data has been
provided by FEMA, the following provisions, in addition to § 151.30, shall apply:
(A) No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of 20 feet each side from top of bank
or five times the width of the stream, whichever is greater, unless certification with
supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
(B) The BFE used in determining the regulatory flood protection elevation shall be
determined based on one of the following criteria set in priority order:
(1) When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply with all
applicable provisions of this chapter and shall be elevated or floodproofed in accordance
with standards in §§ 151.22(K) and 151.22(L);
(2) When floodway or non-encroachment data is available from a federal, state, or other
source, all new construction and substantial improvements within floodway and non-
encroachment areas shall also comply with § 151.35 of this chapter;
(3) All subdivision, manufactured home park and other development proposals located
within Special Flood Hazard Areas shall provide Base Flood Elevation (BFE) data if
development is greater than five acres or has more than 50 lots/manufactured home
sites. The Base Flood Elevation (BFE) data shall be adopted by reference per § 151.07
to be utilized in implementing this chapter; or
(4) When Base Flood Elevation (BFE) data is not available from a federal, state, or other
source as outlined above, the reference level shall be elevated or floodproofed (non-
residential) to or above the regulatory flood protection elevation, as defined in § 151.05.
All other applicable provisions of § 151.31 shall also apply.
(Ord. 2018-24, passed 5-21-18)
§ 151.34 STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD
ELEVATION BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-
ENCROACHMENT AREAS.
Along rivers and streams where BFE data is provided by FEMA or is available from
another source but neither floodway nor non-encroachment areas are identified for a
Special Flood Hazard Area on the FIRM or in the FIS report, the following requirements
shall apply to all development within such areas:
(A) Standards outlined in §§ 151.30 and 151.31; and
(B) Until a regulatory floodway or non-encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or other
development, shall be permitted unless certification with supporting technical data by a
registered professional engineer is provided demonstrating that the cumulative effect of
the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than
one foot at any point within the community.
(Ord. 2018-24, passed 5-21-18)
§ 151.35 FLOODWAYS AND NON-ENCROACHMENT AREAS.
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas established in § 151.07. The floodways and non-
encroachment areas are extremely hazardous areas due to the velocity of floodwaters
that have erosion potential and carry debris and potential projectiles. The following
provisions, in addition to standards outlined in §§ 151.30 and 151.31, shall apply to all
development within such areas.
(A) No encroachments, including fill, new construction, substantial improvements and
other developments shall be permitted unless:
(1) It is demonstrated that the proposed encroachment would not result in any increase
in the flood levels during the occurrence of the base flood discharge, based on
hydrologic and hydraulic analyses performed in accordance with standard engineering
practice and presented to the Floodplain Administrator prior to issuance of floodplain
development permit; or
(2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A
Letter of Map Revision (LOMR) must also be obtained within six months of completion of
the proposed encroachment.
(B) If § 151.35(A) is satisfied, all development shall comply with all applicable flood
hazard reduction provisions of this chapter.
(C) No manufactured homes shall be permitted. Existing manufactured homes shall be
permitted to remain unless the manufactured home sustains substantial damage in
which case the manufactured home shall not be repaired or replaced. An existing
manufactured home shall not be replaced under any circumstances.
(Ord. 2018-24, passed 5-21-18)
§ 151.36 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES).
(A) Located within the Special Flood Hazard Areas established in § 151.07, are areas
designated as shallow flooding areas. These areas have special flood hazards
associated with base flood depths of one to three feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and indeterminate. In
addition to §§ 151.30 and 151.31, all new construction and substantial improvements of
all structures shall have the reference level elevated to:
(1) A least as high as the depth number specified on the Flood Insurance Rate Map
(FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or
(2) At least three feet above the highest adjacent grade plus a freeboard of two feet if no
depth number is specified;
(B) All new construction and substantial improvements of all non-residential structures,
including attendant utility and sanitary facilities, may, in lieu of elevation, be floodproofed
to the same depths as listed above so that any space below that level shall be watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy. Certification is required as per §§ 151.21(3) and 151.31(2).
(C) Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
(Ord. 2018-24, passed 5-21-18)
§ 151.37 STANDARDS FOR AREAS OF SHALLOW FLOODING (AH ZONES).
Located within the Special Flood Hazard Areas established in § 151.07, are areas
designated as shallow flooding areas. These areas subject to inundation by 1% annual
chance shallow flooding (usually areas of ponding) where average depths are one to
three feet. Base Flood Elevations, derived from detailed hydraulic analyses, are shown
in this zone. In addition to §§ 151.30 and 151.31, all new construction and substantial
improvements of all structures shall provide adequate drainage paths around structures
on slopes, to guide floodwaters around and away from proposed structures.
(Ord. 2018-24, passed 5-21-18)
LEGAL STATUS PROVISIONS
§ 151.40 EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION CHAPTER.
(A) This chapter in part comes forward by re-enactment of some of the provisions of the
Flood Damage Prevention Ordinance enacted May 17, 1982, as amended, and it is not
the intention to repeal but rather to re-enact and continue to enforce without interruption
of such existing provisions, so that all rights and liabilities that have accrued thereunder
are reserved and may be enforced. The enactment of this chapter shall not affect any
action, suit, or proceeding instituted or pending. All provisions of the Flood Damage
Prevention Ordinance of the City of Goldsboro enacted on May 17,1982, as amended,
which are not reenacted herein are repealed.
(B) The date of the initial Flood Damage Prevention Ordinance for Wayne County is
September 1, 1991.
(Ord. 2018-24, passed 5-21-18)
§ 151.41 EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT AND
BUILDING PERMITS.
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit or building permit has been granted by the Floodplain Administrator
or Chief Building Inspector or his or her authorized agents before the time of passage of
this chapter; provided, however, that when construction is not begun under such
outstanding permit within a period of six months subsequent to the date of issuance of
the outstanding permit, construction or use shall be in conformity with the provisions of
this chapter.
(Ord. 2018-24, passed 5-21-18)
§ 151.42 EFFECTIVE DATE.
This chapter shall become effective June 20, 2018. (Ord. 2018-24, passed 5-21-18)
APPENDIX C
Article V. of the Unified Development Ordinance
6.6 ILLEGAL DISCHARGE CONTROL
6.6.1 STATUTORY AUTHORIZATION
The Legislature of the State has, in Chapter T15A, Article 02B, §.0235, entitled Neuse River Basin -
Nutrient Sensitive Waters Management Strategy: Basinwide Stormwater Requirement [hereafter
referred to as
the Neuse Stormwater Rule], designated specific local governments, including the City of Goldsboro,
for stormwater management requirements as part of the Neuse River Nutrient Waters stormwater
management strategy.
6.6.2 DEFINITIONS
For purposes of this chapter, the following abbreviations and definitions are utilized.
1. DENR. North Carolina Department of Environment and Natural Resources.
2. Illicit Connection. Any connection which allows the unlawful discharge of non-stormwater to
stormwater conveyance system or waters of the state in violation of this chapter. 3. Illicit
Discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping,
pouring, emission or other discharge of any substance other than stormwater into a stormwater
conveyance, the waters of the state, or upon the land in such proximity to the same, such that
the substance is likely to reach a stormwater conveyance or the waters of the state.
4. Municipal Separate Storm Sewer system (MS4). A stormwater conveyance or unified
stormwater conveyance system (including without limitation: roads with drainage systems,
municipal streets, catch basins, stormwater detention facilities, curbs, gutters, ditches, natural
and man-made channels, or storm drains), that:
a. Is located within the jurisdictional limits of the city; and
b. Is owned or operated by the state, county, the city or other public body; and
c. Discharges to waters of the state, excluding publicly owned treatment works, and lawful
connections thereto, which in turn discharge into the waters of the state.
5. National Pollutant Discharge Elimination System. A permitting system established pursuant to
§402 of the Clean Water Act et seq. Federal Law Reference: National Pollutant Discharge
Elimination System Permits, 33 USC§1342
6. 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; nonhazardous
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 coliform 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.
7. Pollution. Man-made or man-induced alteration of the chemical, physical, biological, thermal
and/or radiological integrity of water.
8. Stormwater. Any flow resulting from, and occurring during or following, any form of natural
precipitation.
9. Waters of the State. Surface waters within or flowing through the boundaries of the state
including the following: any intermittent or perennial stream, river, creek, brook, swamp, lake,
sound, tidal estuary, bay, reservoir, wetland, or any other surface water or any portion thereof
that is mapped as solid or dashed blue lines on United States Department of the Interior
Geological Survey 7.5 minute series topographic maps. Treatment systems, consisting of
manmade bodies of water, which were not originally created in waters of the state and which
are not the result of impoundment of waters of the state, are not waters of the state.
6.6.2 FINDINGS OF FACT
1. Water quality has been an issue in the Neuse River Basin for over a century. Despite a
number of initiatives between 1950 and 1995, the Neuse River Basin has continued to have
water quality problems. Although environmental conditions in the Neuse River are driven by
complex interactions between rainfall, flows, temperatures, biological factors, and chemistry,
the long history of problems with nutrient pollution and algal blooms provides evidence that
immediate control measures are necessary.
2. In August 1998, the final comprehensive Neuse River Nutrient Sensitive Waters Strategy was
adopted. The goal of the strategy is to achieve a 30 percent nitrogen reduction from each
controllable and quantifiable source of nitrogen in the basin. The City was one of the 15 largest
and fastest-growing local governments in the Neuse River basin which was required to comply
with the Neuse Stormwater Rule. This rule contains four program elements, one of which
pertains to illegal discharges.
3. Illegal discharges are substances deposited in storm sewers (which lead directly to streams)
that really should be handled as wastewater discharges. Depending on the source, illegal
discharges may contain nitrogen. Local governments that must comply with the Neuse
Stormwater Rule, including the City, must identify and remove illegal discharges.
6.6.3 STATEMENT OF PURPOSE
1. The purpose of this Chapter is to:
• Protect the public health, safety and welfare by controlling the discharge of pollutants
into the stormwater conveyance system;
• Promote activities directed toward the maintenance and improvement of surface and
ground water quality ;
• Satisfy the requirements imposed upon the City under its National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) discharge
permit issued by the State; and
• Establish administration and enforcement procedures through which these purposes
can be fulfilled.
The provisions of this Chapter are supplemental to regulations administered by federal and state
governments.
6.6.4 OBJECTIVES
The objectives of this Chapter are to:
1. Regulate the discharge of substances which may contaminate or cause pollution of
stormwater, stormwater conveyances, or waters of the State;
2. Regulate connections to the stormwater conveyance system;
3. Provide for the proper handling of spills; and
4. Provide for the enforcement of same.
6.6.5 APPLICATION OF PROVISIONS
This Chapter shall apply within the territorial jurisdiction of the City, with the following exclusions:
1. Federal, State, and local governments, including their agencies, unless intergovernmental
agreements have been established giving the City enforcement authority.
6.6.6 BASIS FOR ESTABLISHING THIS LEGAL AUTHORITY
The Neuse River Basin: Model Stormwater Program for Nitrogen Control, dated August 30, 1999,
requires that local governments establish the legal authority to control illegal discharges. By March
2001, each local government is required to show that it has established the legal authority to do the
following:
1. Control the contribution of pollutants to the stormwater collection system associated with
industrial activity;
2. Prohibit illegal discharges to the stormwater collection system;
3. Prohibit discharge of spills and disposal of materials other than stormwater to the
stormwater collection system;
4. Determine compliance and non -compliance; and
5. Require compliance and undertake enforcement measures in cases of non-compliance.
6.6.7 ABROGATION AND GREATER RESTRICTION
This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed
restrictions. However, where this Chapter and another conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
6.6.8 INTERPRETATION
In the interpretation and application of this Chapter all provisions shall be considered as minimum
requirements; liberally construed in favor of the governing body; and, deemed n either to limit not
repeal any other powers granted under State statutes.
6.6.9 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 such proximity
to the same (such that the substance is likely to reach a Stormwater conveyance or the waters of the
State), any fluid, solid, gas, or other substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed provided that they do not significantly
impact water quality:
1. Filter backwash and draining associated with swimming pools;
2. Filter backwash and draining associated with raw water intake screening and filtering devices;
3. Condensate from residential or commercial air conditioning;
4. Residential vehicle washing;
5. Flushing and hydrostatic testing water associated with utility distribution systems;
6. Discharges associated with emergency removal and treatment activities, for hazardous
materials, authorized by the federal, state, or local government on-scene coordinator;
7. Uncontaminated ground water [including the collection or pumping of springs, wells, or rising
ground water and ground water generated by well construction or other construction
activities];
8. Collected infiltrated stormwater from foundation or footing drains;
9. Collected ground water and infiltrated stormwater from basement or crawl space pumps;
10. Irrigation water;
11. Street wash water;
12. Flows from fire fighting;
13. Discharges from the pumping or draining of natural watercourses or waterbodies;
14. Flushing and cleaning the exteriors of buildings, including gutters, provided that the
discharge does not pose an environmental or health threat; and
15. Other non-stormwater discharges for which a valid NPDES discharge permit has been
approved and issued by DENR and provided that any such discharges to the municipal separate
storm sewer system shall be authorized by the City.
Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal and human
waste, paints, garbage, litter, and other pollutants.
6.6.10 ILLICIT CONNECTIONS
1. Connections to a stormwater conveyance or stormwater conveyance system which allow the
discharge of non-stormwater, other than the exclusions described in §6.6.9, are unlawful.
Prohibited connections include, but are not limited to: floor drains, wastewater discharge from
washing machines or sanitary sewers, wash water discharge from commercial vehicle washing
or steam cleaning, and waste water discharge from septic systems.
2. Where such connections exist in violation of §6.6.9, that were made prior to the adoption of
this provision or any other ordinance prohibiting such connections, the property owner or the
person using the connection is allowed one year to remove the connection following
application of this regulation; provided that, this 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 the connection:
• May result in the discharge of hazardous materials or may pose an immediate threat to
the health and safety, or is likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat; or
• Was made in violation of any applicable regulation or ordinance, The City Manager or
his designee shall designate the time within which the connection shall be removed. In
setting the time limit for compliance, the City shall take into consideration:
• The quantity and complexity of the work;
• The consequences of delay;
• The potential harm to the environment, to the public health, and to public and private
property ; and
• The cost of remedying the damage.
4. In regard to removing illicit connections, the responsible party must consider that permits are
required by the Inspections Department for connections to or modification of storm sewers
located in City owned rights-of-way. The costs of such permits will be borne by the responsible
party.
6.6.11 SPILLS
1. Spills or leaks of polluting substances discharged to, or having the potential to be indirectly
transported to the stormwater conveyance system, shall be contained, controlled, collected,
and removed promptly. All affected areas shall be restored to their preexisting condition.
2. Persons associated with the spill or leak shall immediately notify the City Fire Chief or his
designee of all spills or leaks of polluting substances. Notification shall not relieve any person of
any expenses related to the clean up, restoration, loss, damage, or any other liability which may
be incurred as a result of the spill or leak, nor shall such notification relieve any person from
other liability which may be imposed by State or other law.
6.6.12 INSPECTIONS
1. The Building Inspector (or other authorized agent of the City) has full power and authority to
enter upon a premise for the purpose of investigating an illegal discharge. Should the owner or
occupant of any property refuse to permit such reasonable access, the Chief Building Inspector
or his designee may obtain an administrative search warrant pursuant to G.S. §15-27.2 or its
successor.
2. No person shall obstruct, hamper or interfere with any such representative while carrying out
his official duties.
6.6.13 CIVIL PENALTIES
1. Illicit discharges. Any person who allows or assists in a violation of this Chapter shall be
subject to civil penalties as follows:
• For first time offenders, if the discharge consists of domestic or household products in
quantities considered ordinary for household purposes, the person shall be assessed a
civil penalty not to exceed $ 100 per violation or per day for any continuing violation. If
the discharge contains non-domestic substances, including but not limited to process
waste water, or if the person cannot provide clear and convincing evidence of the
volume and nature of the substance discharged, the person shall be assessed a civil
penalty not to exceed$1,000 per violation or per day for any continuing violation.
• For repeat offenders, the amount of the penalty shall be double the amount assessed
for the previous penalty, not to exceed $10,000 per violation or per day for any
continuing violation.
2. Illicit Connections. Any person found with an illicit connection in violation of this Chapter and
any other person who assists in the establishment of an illicit connection in violation of this
Chapter, shall be subject to civil penalties as follows:
• First time offenders shall be subject to a civil penalty not to exceed $500 per day of
continuing violation.
• Repeat violators shall be subject to a civil penalty not to exceed $1,000 per day of
continuing violation.
3. Other violations. Any person found in violation of other provisions of this Chapter, not
specifically enumerated elsewhere, shall be subject to a civil penalty not to exceed $ 100 per
violation or per day for any continuing violation.
4. Payment/collection procedures. Penalties shall be assessed by the City Manager or his
designee.
No penalty shall be assessed until the person alleged to be in violation is served written notice
of the violation by registered mail, certified mail-return receipt requested, or personal service
(such as express mail service or courier). Refusal to accept the notice shall not relieve the
violator of the obligation to pay the penalty. The City Manager or his designee shall make
written demand for payment upon the person in violation. If the payment is not received or
equitable settlement reached within 30 days after demand for payment is made, the matter
shall be referred to the City Attorney for institution of a civil action in the name of the City, in
the appropriate division of the general court of justice in the county for recovering the penalty.
6.6.14 INJUNCTIVE RELIEF
1. The City may petition the General Court of Justice in the county seeking injunctive relief, or
other relief as deemed appropriate, to require compliance with this Chapter. Cost of such action
shall be assessed against the individual who is failing to comply with this Chapter.
2. The institution of an action for injunctive relief under §6.6.14 shall not relieve any party to
such proceeding from any further civil or criminal penalty prescribed for violations of this
Ordinance.
6.6.15 CRIMINAL PENALTIES
Any person who knowingly or willfully violates any provision of this Chapter, rule, regulation, order duly
adopted or issued pursuant to this Chapter shall be guilty of a misdemeanor, punishable by a fine not to
exceed $500. Each violation shall be a separate offense.
APPENDIX D
Example Letter to Likely Sources of Illegal Discharges
Re: The City of Goldsboro’s “Illegal Discharge Control Ordinance”
Dear Business Owner or Operator,
The City of Goldsboro has adopted an “Illegal Discharge Control Ordinance” on March 1, 2001 to satisfy
requirements of the State and protect the water quality of local streams and the Neuse River. This
ordinance prohibits illicit connections and/or discharges to the City’s storm drain system (streets, catch
basins, curbs, gutters, ditches, man-made and natural channels, pipes, culverts, etc.). You are receiving
this letter because you are involved in a business that is a possible source of illicit discharges.
Illicit discharges include any discharge other than stormwater to the storm drain system, except for the
activities listed below (provided they do not significantly impact water quality).
(1) Filter backwash and draining associated with swimming pools;
(2) Filter backwash and draining associated with raw water intake screening and filtering devices;
(3) Condensate from residential or commercial air conditioning;
(4) Residential vehicle washing;
(5) Flushing and hydrostatic testing water associated with utility distribution systems;
(6) Discharges associated with emergency removal and treatment activities, for hazardous materials,
authorized by the federal, State, or local government on-scene coordinator;
(7) Uncontaminated ground water [including the collection or pumping of springs, wells, or rising ground
water and ground water generated by well construction or other construction activities];
(8) Collected infiltrated stormwater from foundation or footing drains;
(9) Collected ground water and infiltrated stormwater from basement or crawl space pumps;
(10) Irrigation water;
(11) Street wash water;
(12) Flows from fire fighting;
(13) Discharges from the pumping or draining of natural watercourses or waterbodies;
(14) Flushing and cleaning of stormwater conveyances with unmodified potable water;
(15) Wash water from the cleaning of the exterior of buildings, including gutters, provided that the
discharge does not pose an environmental or health threat; and
(16) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and
issued by DENR and provided that any such discharges to the municipal separate storm sewer system
shall be authorized by the City.
An illicit connection is any connection which allows the unlawful discharge of non-stormwater to the
storm drain system or waters of the State. Substances prohibited from introduction into the storm drain
system include, but are not limited to oil, anti-freeze, chemicals, animal and human waste, paints,
garbage, litter, and other pollutants. Illicit connections are prohibited, and must be corrected by cutting
off and sealing the connection, reconnecting to the sanitary sewer (may require a permit) or other
treatment facility with a permit, or applying for and receiving a discharge permit under the NPDES.
Further information can be obtained by calling the City’s Engineering Department (580-4342).
Thank you for your assistance,
City Manager
APPENDIX E
Dry Weather Flow Screening Program
1. Dry Weather Definition
Dry weather is no rainfall greater than .1 (one tenth) inch in the past 72 hours.
2. Screening Method
The City has identified and located approximately 168 outfalls to the various streams that
run through and around the city. The City will conduct routine dry weather flow screening
of these outfalls in accordance with this appendix, which acts as a supplement to Section
3.3 Mapping and Field Screening in High Priority Areas.
Once an outfall has been selected for screening in accordance with Section 5 below, the
City will inspect the outfall twice over a two day period during dry weather. In commercial
or industrial areas, screening should take place between the hours of 9:00 am and 5:00 pm
during the work week. In residential areas, field screening should be scheduled either
before 9:00 am or after 5:00 pm when citizens are most likely to be home and illegal
discharges are more likely to be evident. The City Inspector will complete the Outfall
Reconnaissance Inventory Field Sheet for each outfall being screened. The City Inspector
will make a determination based on the screening as to the potential for an illicit discharge
based on the criteria below.
If an outfall has the potential for an illicit discharge, the inspector will conduct an additional
two day dry weather screening. After this additional two day screening, the City Inspector
make a determination if an illicit discharge is suspected or unlikely.
If the Inspector determines that the outfall has a suspected illicit discharge, he will then
attempt to track the suspected illicit discharge to its source (see Section 3.3 Mapping and
Field Screening in High Priority Areas). This can include sampling the Stormwater for
certain constituents over time, opening up and following the pipe or open conveyance
upstream, and other methods.
If the Inspector has reason to believe that a particular activity or location is the source of
an illicit discharge, he will take action as detailed in the Illegal Discharge Control
Ordinance (Section 6.6 of the Unified Development Ordinance).
The Inspector will document all activities under this appendix and cause to have the data
entered into the City’s GIS.
3. Criteria for Determining a Suspected Illicit Discharge
Any non-stormwater discharge not expressly allowed in permit is an illicit discharge. A
potential illicit discharge is indicated by a flowing outfall during dry weather. The basic
criteria for the determination are when two or more observations of flow, odor, color,
turbidity, or floatables coincide with one or more observations at least moderately sever
(mildly, moderately, or strongly). A suspected illicit discharge must be confirmed by
identifying the source
4. Method for Tracking Outfall Information
The City Inspector will complete the Outfall Reconnaissance Inventory Field Sheet for
each outfall being screened. This information can be recorded on the paper copy or the
electronic copy of the Field Sheet. Selected information from the Field Sheet will be then
be placed into an excel spreadsheet and provided to the City’s GIS Management Team for
placement into the City’s GIS.
5. Measurable Goals for Dry Weather Screening
The City will conduct dry weather screening on four (4) outfalls a quarter; three (3) outfalls
should be located in priority areas BDW (Big Ditch Watershed) or SCW (Stoney Creek
West).
6. Equipment, Communications, and Safety
Basic equipment for the City Inspector will include a measuring tape or stick, water proof
boots, reflective vest, clip board or notebook, Field Sheets, and writing instrument. The
City Inspector may also have a hand held GPS system to confirm the location of the outfall.
The City Inspector will have a means of communication to City departments such as a two-
way radio, cell phone, or wireless tablet.
The following safety measures will be followed.
• No confined space entry will be conducted by City Inspectors during dry weather field
screening..
• Any remote location screening will be conducted by two persons; the Director of
Engineering will make this determination prior to assigning locations for screening.
• The City Inspector will use the appropriate preventive measures during hot weather to
avoid heat injury or bug bites (hat, sun screen, bug repellant, carry water).
• The City Inspector will use the appropriate preventive measures during cold weather
to prevent cold weather injury (warm dress, layered, attention to falling temperatures).
Inspection of outfalls should not be attempted during periods of freezing weather.
Outfall Reconnaissance Inventory Field Sheet
Section 1: Background Data
Sub-watershed: Outfall ID:
Today’s date: Time (Military):
Investigator: Feature:
Temperature (°F): Rainfall (in.) in Last 72 hours:
Latitude: Longitude: Nearest Intersection:
Stain if Present: Debris if present:
Sketch:
Notes (e.g.., damaged, vegetation, blockage, ):
Section 2: Outfall Description
LOCATION MATERIAL SHAPE DIMENSIONS (IN.) SUBMERGED
Closed Pipe
RCP
CMP
PVC
HDPE
Steel
Other:
Circular
Elliptical
Box
Other:
Single
Double
Triple
Other:
Diameter/Dimensions:
In Water:
No
Partially
Fully
With Sediment:
No
Partially
Fully
Open drainage
Concrete
Earthen
rip-rap
Other:
Trapezoid
Parabolic
Other:
Depth:
Top Width:
Bottom Width:
Section 3: Characterization
FIELD OBSERVATION FOR FLOWING OUTFALLS
PARAMETER FIRST OBSERVATION SECOND OBSERVATION COMMENTS
Date
Time
Flow (yes/no)
Standing Water (yes/no)
Direction of Flow
Flow (trickle, medium, heavy)
Odor (faint, noticeable, strong)
Color (faint, noticeable, clearly visible)
Turbidity (slight, cloudy, opaque)
Floatables (few, some, obvious source)
Potential for Illicit Discharge
(Unlikely, Potential, Suspected, Obvious)
Notes:
APPENDIX F
CHAPTER 54: STORMWATER MANAGEMENT UTILITY
54.01 Authority
54.02 Definitions
54.03 Stormwater management utility established; administration; powers
and duties
54.04 Boundaries and jurisdiction
54.05 Stormwater utility service fees, rates and fee schedule
54.06 Credits
54.07 Billing method; responsible parties
54.08 Backbilling
54.09 Complaints regarding a bill
54.10 Appeal
54.11 Use of revenue; investment of funds; borrowing
§ 54.01 AUTHORITY.
Pursuant to G.S. Ch.160A, Art. 16, the city hereby creates a stormwater utility and
establishes a schedule of stormwater utility service fees to fund a stormwater
management program, and a structural and natural stormwater and drainage system.
(Ord. 2017-29, passed 6-5-17)
§ 54.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICE (BMP). Measures or practices used to reduce the
amount of pollution entering surface waters. BMPs can be structural or non-structural
and may take the form of a process, activity, physical structure or planning. Structural
BMPs refer to physical structures that reduce the amount of pollution entering surface
waters. Structural BMPs include structures such as detention/retention ponds, swales,
rain gardens, infiltration basins, and rain barrels.
DEVELOPED PROPERTY. Real property that has been altered from its natural state by
the addition and attachment of any improvements such as buildings, structures or other
impervious area. For new construction, property shall be considered DEVELOPED
PROPERTY upon final approval of site improvements by the city.
EQUIVALENT RESIDENTIAL UNIT (ERU). The total impervious area of a typical single-
family residential property, which is determined as the median impervious area of a
representative sample, as determined by the city, of all developed residential properties
in the single-family residential category.
IMPERVIOUS SURFACE AREA. A surface that, because of its composition or
compacted nature, impedes or prevents natural infiltration of water into the soil, including
but not limited to, roofs, decks, driveways, patios, sidewalks, parking areas, tennis
courts, streets, or compacted gravel surfaces.
NON-SINGLE FAMILY RESIDENTIAL PROPERTY. Developed property not defined as
a single family residential property.
PROPERTY OWNER OF RECORD. The person identified as the owner by county tax
records.
REVENUES. All fees, assessments or other income received by the stormwater utility,
including but not limited to, amounts received from the investment or deposit of monies
in any fund or account, and all amounts received as gifts or donations, and the proceeds
from the sale of bonds to finance the stormwater management program, or any other
type of funds derived from grants, fees or loans that by purpose or effect relate to
stormwater management activities.
SINGLE-FAMILY RESIDENTIAL PROPERTY. Developed property that serves the
primary purpose of providing a permanent dwelling unit, regardless of the zoning district
in which it is located, for single-family detached units, and that may or may not have
accessory uses related to the purpose of providing permanent dwelling facilities.
STORMWATER UTILITY SERVICE FEE. The monthly monetary amount charged each
parcel of real property for the services provided by the stormwater utility system and
program as set forth in the city schedule of rates and fees, a copy of which is located in
the office of the City Clerk and is incorporated by reference herein.
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.03 STORMWATER MANAGEMENT UTILITY ESTABLISHED;
ADMINISTRATION;
POWERS AND DUTIES.
(A) The City Council hereby establishes a stormwater management utility to carry out
the purposes, functions and responsibilities set forth in this section. The governing body
of the stormwater management utility shall be the City Council. The City Manager shall
administer the stormwater management utility through the Public Works Department or
such other departments and divisions as the City Manager shall designate.
(B) The stormwater management utility shall have the following powers and duties,
subject to available revenues, which powers and duties are not necessarily exclusive to
the stormwater management utility.
(1) Stormwater management planning and preparation of comprehensive watershed
master plans for stormwater management.
(2) Regular inspections and maintenance of public stormwater management facilities,
and measures for the construction thereof, as well as regular inspections of private
stormwater management facilities.
(3) Maintenance and improvement of stormwater management facilities that have been
accepted by the city for purposes of stormwater management.
(4) Plan review and inspection of sediment control and stormwater management plans,
measures and practices.
(5) Retrofitting designated watersheds to reduce existing flooding problems or to
improve water quality.
(6) Acquisition of interests in land, including easements, upon prior approval by City
Council,
(7) Design and construction of stormwater management facilities and measures, and
acquisition of equipment.
(8) Water quantity and water quality management, including monitoring activities.
(9) Compliance with state and federal regulations for stormwater management, and
submission of mandatory and non-mandatory reports related thereto, except for those
regulations that require approval by City Council.
(10) Any and all powers and duties delegated or granted to it as a local government
implementing agency under the laws and regulations of the state and the ordinances of
the city. (Ord. 2017-29, passed 6-5-17)
§ 54.04 BOUNDARIES AND JURISDICTION.
The boundaries and jurisdiction of the stormwater management utility shall extend to the
corporate limits of the city, as they may exist from time to time, and such areas lying
outside the corporate limits of the city as shall be approved by the City Council.
(Ord. 2017-29, passed 6-5-17)
§ 54.05 STORMWATER UTILITY SERVICE FEES, RATES AND FEE SCHEDULE.
(A) Stormwater utility service fees will be determined and modified from time to time by
the City Council, so that the total revenues generated by these fees will be used to pay
such expenses as are reasonably necessary or convenient in the management,
administration, planning, regulatory compliance, public education, construction,
operation, and maintenance of the stormwater system, and to pay principal of and
interest on the debt incurred for stormwater purposes.
(B) The fee system must be reasonable and equitable so that users pay to the extent
they contribute to the need for the stormwater management utility, and so that fees bear
a substantial relationship to the cost of service. The City Council recognizes that these
benefits, while substantial, in many cases cannot be measured directly.
(1) Stormwater utility service fees shall accrue on the date determined by City Council
and set forth in the city schedule of rates and fees. Stormwater utility service fees shall
apply to all land as presented in § 54.04, whether public or private. Exemptions shall not
be allowed based on age, tax exemption, or other status of an individual or organization,
except as set forth in § 54.06.
(2) Stormwater utility service fees shall be based on a commonly accepted rate unit for
stormwater utilities, the equivalent residential unit (ERU). The ERU is used to relate a
base rate fee charged to a single-family residential property to that charged to a non-
single-family residential property. The city’s ERU is 3,000 square feet of impervious
surface area. The ERU is determined by analyzing digital photographs and, for
verification purposes, performing field checks of a representative sample of single-family
residences within the city limits.
(a) All single-family residential properties will be charged one ERU per month.
(b) All non single-family residential properties will be charged based on the number of
ERUs on the property.
Stormwater Utility Fee Rates
Number of ERUs Monthly Rate per ERU
First 60 $4.50
61st to 100th $3
101st to 150th $2
Above 150th $1
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.06 CREDITS.
(A) Stormwater utility fee credits will be made available to developed non-single family
residential properties with structural SCMs that treat at least 100% of runoff from the
parcel. Credit for either a 10% or up to a total of 20% reduction in the stormwater utility
fee will be given, as long as the property meets the eligibility requirements and the SCM
meets the appropriate treatment requirements and is being properly maintained. The
credit percentage is applied after the complete stormwater bill is calculated.
(B) Credit eligibility, application, approval, and expiration criteria and procedures are
documented in the stormwater utility fee policies.
(Am. Ord. 2018-3, passed 1-22-18)
§ 54.07 BILLING METHOD; RESPONSIBLE PARTIES.
(A) Bills for stormwater utility service fees shall be sent at regular, periodic intervals.
Stormwater utility service fees may be billed on a combined utility bill that also contains
fees for other utilities. Stormwater utility service fees that are shown on a combined
utility bill may be for a different service period than that used for other utilities. For
properties not having otherwise active utility accounts, the fee for only stormwater utility
service accounts shall be billed to the owners or other persons listed on the real property
tax records. These accounts may be billed at different intervals than the accounts
receiving combined utility billings.
(B) As the general rule, stormwater utility bills for a property that receives other city-
provided utilities shall be sent to the customer receiving such service. Billing for parcels
or groups of adjacent and associated parcels with multiple utility accounts may be done
as a separate bill to each account with the impervious area allocated among the
accounts. Where this allocation results in an amount of impervious area allocable to a
given account that is similar to that for a single family residential property, the account
will be billed the same way as a single family residential property.
(C) Townhouse and condominium developments and other similar properties billed
through individual utility accounts and not the property owner, but containing impervious
surface greater than one ERU in common ownership areas, shall be charged a
stormwater utility service fee for the total impervious surface of all commonly-owned
property within the development. The stormwater utility bill for the commonly-owned
areas shall be sent to the homeowners’ association.
(D) Stormwater utility service fees shall be due and payable as set forth in the city
schedule of rates and fees, a copy of which is located in the office of the City Clerk, and
is incorporated by reference herein.
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.08 BACKBILLING.
Failure to receive a stormwater utility service fee bill is not justification for nonpayment.
The owner of each parcel of land shall be ultimately obligated to pay such fee. If a
customer is underbilled or if no bill is sent, the city may backbill for up to two years.
(Ord. 2017-29, passed 6-5-17)
§ 54.09 COMPLAINTS REGARDING A BILL.
(A) A customer having a grievance or complaint that a bill is excessive must file written
notice with the city’s finance office. If it is determined that the bill is in error, an
adjustment will be made according to the schedule of rates and fees.
(B) No adjustment will be made for more than a three-year period.
(Ord. 2017-29, passed 6-5-17)
§ 54.10 APPEAL.
(A) For the purposes of the stormwater utility fee, any person who disagrees with any
final determination of the Public Works Director in the administration of the fee with
regards to classification of parcels, stormwater fees, application of credits, final
administrative policies, or procedures, and other matters related to the administration of
the stormwater utility have 30 days from the date of notification of such determination to
apply for a hearing.
(B) All appeals of administrative determinations are to be heard by the City Manager.
(C) Appeals to the City Manager's determination constitute a quasi-judicial process and
will be heard by the Board of Adjustment.
(Am. Ord. 2018-3, passed 1-22-18)
§ 54.11 USE OF REVENUE; INVESTMENT OF FUNDS; BORROWING.
Funds generated for the stormwater management utility from fees, bond issues, other
borrowing and other sources shall be utilized only for those purposes for which the
stormwater management utility has been established. Such funds shall be invested and
reinvested pursuant to the same procedures and practices established by the city for
investment and reinvestment of funds. The City Council may use any form of borrowing
authorized by law to fund capital acquisitions or expenditures for the stormwater
management utility.
(Ord. 2017-29, passed 6-5-17)
APPENDIX G
Clean Water Education Partnership Agreement
5/7/2021
Lee Worsley, TJCOG Executive Director