05_SW Quality Management and Discharge Control

PART II - CODE OF ORDINANCES
APPENDIX A - LAND USE
ARTICLE XXVI. STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL
ARTICLE XXVI. STORMWATER QUALITY MANAGEMENT AND DISCHARGE
CONTROL
Division 1. Title, Purpose and General Provisions
Section 15-501. Short title.
This ordinance shall be known as the "City of New Bern Stormwater Ordinance" and may be so cited.
(Ord. No. 2001-15, § 1(1.1), 3-13-01)
Section 15-502. Authority.
Under the authority granted by the North Carolina General Statutes, the City of New Bern has the
responsibility and authority to regulate land use and development, enforce ordinances within its jurisdiction and to
adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
(Ord. No. 2001-15, § 1(1.2), 3-13-01)
Section 15-503. Purpose and intent.
The purpose and intent of this article is to:
(1) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of
watercourses and water bodies by reducing pollutants in stormwater discharges to the maximum
extent practicable and by prohibiting non-stormwater discharges to the stormwater system.
(2) Provide for the maintenance and protection of the economic and financial welfare of the City of New
Bern and its residents and businesses.
(3) Ensure that the City of New Bern remains in full compliance of the Neuse Riparian Buffer Rule (15A
NCAC 26.0233) and the Neuse Stormwater Rule (15A NCAC 26.0235) and that the City of New Bern has
a stormwater management program consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et
seq.)
(4) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of
stormwater runoff from development within the city.
Prudent site planning should include special consideration for preserving natural drainage ways, maximizing
infiltration, slowing stormwater runoff from individual sites in route to streams and rivers by use of effective runoff
management, structural and non-structural best management practices, drainage structures, and stormwater
facilities.
(Ord. No. 2001-15, § 1(1.3), 3-13-01)
New Bern, North Carolina, Code of Ordinances
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 1 of 19

Section 15-504. Applicability.
(a) The provisions of this article shall apply to all areas within the city limits and the extraterritorial jurisdiction
of the City of New Bern. The ordinance from which this article derives shall be permanently kept on file in the
office of the City of New Bern Stormwater Administrator.
(b) This article shall apply to all water entering the stormwater system generated on any developed and
undeveloped lands lying within the City of New Bern and its extra -territorial areas including any amendments
or revisions thereto.
(Ord. No. 2001-15, § 1(1.4, 1.9), 3-13-01)
Section 15-505. Exceptions to applicability.
This stormwater management article shall apply to all parcels and land use activities within the planning
jurisdictional limits except to those parcels and land use activities identified in the specific sections of this article or
as identified below:
(1) Existing development may be continued and maintained. Expansion of existing structures classified as
existing development must meet the provisions of this article.
(2) Activities on a bona fide farm unless the activity is for non -farm purpose.
(Ord. No. 2001-15, § 1(1.5), 3-13-01)
Section 15-506. Definitions.
(a) Applicant. An owner or developer of a site who executes the Stormwater Permit Application pursuant to the
City of New Bern Stormwater Quality Management and Discharge Control Ordinance (hereinafter
"Stormwater Ordinance").
(b) Best management practices. An activity, procedure, or structural or nonstructural management -based
practice used singularly or in combination to prevent or reduce the discharge of pollutants directly or
indirectly to the stormwater system and waters of the United States in order to achieve water quality
protection goals. Best management practices include but are not limited to: treatment facilities to remove
pollutants from Stormwater; operating and maintenance procedures; facility management practices to
control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage;
erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures
and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the
City of New Bern Stormwater Management Manual, as discussed further under subsection 15-516(c) herein,
for specific requirements.
(c) Bona fide farm. Tract or tracts of land used for the production of plants and animals useful to man.
(d) Built -upon area. Built -upon areas shall include that portion of a development project that is covered by
impervious or partially impervious cover including buildings, pavement, gravel roads, and recreation
facilities.
(e) Channel bank. The location of the upper edge of the active channel above which the water spreads into the
overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the
channel bank is not well defined, the channel bank shall be considered the edge of the waterline during a
two-year frequency storm.
(f) City. City of New Bern, North Carolina.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 2 of 19

(g) Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent
amendments thereto.
(h) Cluster developments. Grouping of buildings in order to conserve land resources and provide for innovation
in the design of the project including minimizing stormwater runoff impacts. This term includes
nonresidential development. Planned unit developments (PUDs), and single-family residential and multi-
family developments.
(i) Construction activity. Activities subject to NPDES Construction Permits. These include construction projects
resulting in land disturbance of one-half acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
(j) Design storm. The specific frequency and, if necessary, duration of the rainfall event to be used in design to
meet the criteria established in the Stormwater Management Manual.
(k) Development. Should generally mean any of the following actions taken by a public or private individual or
entity:
(1) The division of a lot, tract, or parcel of land into two or more lots, plots, sites, tracts, parcels or other
divisions by plat or deed, or
(2) Any land change, including, without limitation, clearing, tree removal, grubbing, stripping, dredging,
grading, excavating, transporting and filling of land.
(1) Drainage structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts and other
structures designed or used to convey stormwater.
(m) Hazardous materials. Any material, including any substance, waste, or combination thereof, which because
of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed (North
Carolina Health and Safety Code § ).
(n) Illegal discharge. Any disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other
discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the
state or upon the land such that the substance is likely to reach a stormwater conveyance system or waters
of the state constitutes an illegal discharge, except as exempted in division II, section 15-526 of this chapter.
(o) Illicit connections. An illicit connection is defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to
enter the stormwater system including but not limited to any conveyances which allow any non-
stormwater discharge including sewage, process wastewater, and wash water to enter the stormwater
system and any connections to the stormwater system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or approved by a
government agency; or
(2) Any drain or conveyance connected from a commercial or industrial land use to the stormwater system
which has not been documented in plans, maps, or equivalent records and approved by the city.
(p) Industrial activity. Activities subject to NPDES Industrial Permits as defined in U.S. 40 CFR Section 122.26
(b)(14).
(q) Impervious surface. A surface composed of any material that impedes natural infiltration of water into the
soil. Gravel areas shall be considered impervious.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 3 of 19

(r) Intermittent streams. A natural drainage way, which shows up as a blue line on the USGS 7.5-minute
quadrangle maps and has a contributing drainage areas of 300 acres or less, shall be considered an
intermittent stream for the purposes of this article.
(s) Land disturbing activities. The use of land by any person that results in a change in the natural cover or
topography that may contribute to or alter the quantity and or quality of stormwater runoff.
(t) Major subdivision. The division of a tract of land into eight or more lots.
(u) Major variance. A variance issued by the City of New Bern that results in any one or more of the following:
(1) The complete waiver of a management requirement;
(2) Any variance for which the City of New Bern must prepare documentation for, and receive approval
from the NC DENR/DWQ and/or the NC Environmental Management Commission before it may legally
issue the requested variance.
(v) Minor variance. A variance that does not qualify as a major variance.
(w) National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits. General, group, and
individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations
pursuant to the Clean Water Act.
(x) Natural drainageway. Shall mean an incised channel with a defined channel bed and banks that are part of
the natural topography. Construction channels such as drainage ditches shall not be considered a natural
drainage way unless the constructed channel was a natural drainage way that has been relocated, widened,
or otherwise improved.
(y) Non-residential development. All development other than residential development, agriculture and
silviculture.
(z) Non-stormwater discharge. Any discharge to the stormwater system that is not composed entirely of
stormwater.
(aa) Perennial stream. Perennial streams are streams that have essentially continuous flows and are shown on
the United States Geological Survey 1:24,000 (7.5 min.) scale topographic maps.
(bb) Plat. A map or plan of a parcel of land which is to be, or has been subdivided or developed.
(cc) Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to:
paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and
yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial
discharges, contaminated fountain drains, and cooling waters; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building
or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive
matter of any kind.
(dd) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a degree which
unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the
facilities which serve these beneficial uses.
(ee) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
(ff) Riparian buffer. An area of trees, shrubs, or other vegetation, that is adjacent to a natural drainage way
through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized
and which provides for infiltration of the runoff and filtering of pollutants. Riparian buffers reduce the impact
Created: 2021-08-13 14:35:29 [EST]
(Supp. No. 71)
Page 4 of 19

of upland sources by trapping, filtering, and converting nutrients, sediments, and other chemicals and
maintain the integrity of the natural drainage way. For the purposes of this article, surface water shall be
present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5 min.)
quadrangle topographic maps prepared by the United States Geological Survey or on the most recent version
of the soil survey map prepared by the Natural Resources Conservation Service of the United States
Department of Agriculture. The buffer shall be measured landward from the normal pool elevation of
impounded structures and from the bank of each side of streams or rivers.
(gg) Storm water system. Publicly -owned facilities operated by the city by which stormwater is collected and/or
conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped
storm drains, pumping facilities, retention and detention basins, natural and human -made or altered
drainage channels, reservoirs, and other drainage structures which are within the city and are not part of a
publicly owned treatment works as defined at U.S. 40 CFR Section 122.2.
(hh) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from rain storm events.
(ii) Stormwater administrator. The person designated by the city manager of the City of New Bern to have
authority to review and approve stormwater permits and stormwater management plans. The stormwater
administrator shall also be responsible for inspecting development and making sure the provisions of this
article are being followed and for reporting from time to time to the city manager and to the board of
aldermen on the progress, plans, and expectations of the city's stormwater program.
(jj) Stormwater management manual. The manual of design, performance, and review criteria to be adopted by
aldermen of the City of New Bern for the administration of the stormwater program.
(kk) Stormwater facilities. Shall include devices designed specifically to detain or retain stormwater for water
quantity or water quality control. These devices shall not include those drainage structures that provide
incidental water quantity or water quality control. These devices include but are not limited to wet ponds,
dry ponds, bioretention areas, filter strips, infiltration trenches.
(II) Stormwater management plans. A document, submitted as part of an application for a stormwater permit,
which presents the design, operation, and maintenance specifications for one or more drainage structures,
best management practices, or other facilities and practices to be implemented for the management of
stormwater quality and/or discharge control.
(mm)Streets. As defined in the Land Use Ordinance.
(nn) Variance. A permission to develop or use property granted by the City of New Bern relaxing or waiving a
management requirement where that permission is granted at the discretion of the city under:
(1) Authority that it solely owns.
(2) Authority delegated to it by the State of North Carolina and specifically the Environmental
Management Commission, or
(3) The city's authority because of a direct action by the State of North Carolina and its Environmental
Management Commission.
(oo) Vegetative buffer. An area that has any combination of trees, samplings, shrubs, vines, and herbaceous
plants that grow together in disturbed or undisturbed conditions, which provides for diffusion and infiltration
of runoff and filtering of pollutants. This includes mature and successional forests as well as cutover stands.
(pp) Vested rights. Vested right shall be based upon the following criteria:
(1) Having an outstanding valid building permit in compliance with GS 153A-344.1 or GS 160A-385.1, or
(2) Having an approved site specific or phased development plan in compliance with GS 153A-344.1 or GS
160A-385.1.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 5 of 19

(3) Projects that require a state permit, such as landfills, NPDES wastewater discharges, land application or
residuals and road construction activities, shall be considered to have vested rights if a state permit
was issued prior to the effective date of the adoption of the stormwater ordinance.
(qq) Water dependent structures. Those structures which require the access or proximity to, or sitting within
surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads. Ancillary
facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are
not considered water -dependent structures.
(rr) Waters of the United States. Surface watercourses and water bodies as defined at U.S. 40 CFR § 122.2,
including all natural waterways and definite channels and depressions in the earth that may carry water,
even though such waterways may only carry water during rains and storms and may not carry stormwater at
and during all times and seasons.
(Ord. No. 2001-15, § 1(1.6), 3-13-01)
Section 15-507. Interpretation.
(a) In interpreting and applying this article, the requirements are intended to be minimum requirements that
are imposed and are to be conformed to, and are in addition to, and not in lieu of, any and all other legal
requirements.
(b) This article shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever an
ordinance, rules, regulations, permits, or easements, covenants, or other agreements between parties,
provided, however, that where this article imposes greater restrictions and controls with respect to
stormwater management for the purposes of managing water quality and controlling discharges, the
provisions of this article shall prevail.
(Ord. No. 2001-15, § 1(1.6), 3-13-01)
Section 15-508. Permits.
As hereinafter defined and specified.
(1) Except where provided elsewhere, development shall not commence without obtaining a stormwater
permit pursuant to the provisions of this article.
(2) The stormwater permit application shall be made by, or on behalf of, the owner(s) of the site for which
the permit is sought. The application shall be filed with the city on a form supplied by the city and shall
be accompanied with the information identified in the Stormwater Management Manual.
(3) A stormwater permit shall not be issued until the following conditions are met:
a. Approval by the stormwater administrator of the supporting information.
b. Submission and approval of any required easements.
C. Submission and approval of any required inspection and maintenance agreements.
d. Submission and approval of proof of payment of fees due to the State of North Carolina.
e. Payment of all fees due to the City of New Bern.
(4) If the development requires a sediment and erosion control permit, the stormwater permit will be
conditional upon the owner receiving such sediment and erosion permit.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 6 of 19

(5) Development and other land disturbing activities are allowed under the stormwater permit for a period
of two years from the date of issuance as long as no significant changes in the development are made
that change the intent of the permit. The stormwater administrator shall determine significant
changes. If significant changes are made, the original stormwater permit shall not be valid and a new
permit shall be required. Obligations incurred through agreement in order to obtain a stormwater
permit shall be enforceable beyond the authorized period of development or other land disturbing
activity, for the period specified in those agreements or, otherwise, in perpetuity.
(Ord. No. 2001-15, § 1(1.7), 3-13-01)
Section 15-509. Fees.
A list of fees associated with this article is available at the City of New Bern Stormwater Administrator's
Office.
(Ord. No. 2001-15, § 1(1.8), 3-13-01)
Section 15-510. Reserved.
Section 15-511. Responsibility for administration.
The stormwater administrator of the City of New Bern shall administer, implement, and enforce the
provisions of this article. Any powers granted or duties imposed upon the stormwater administrator may be
delegated in writing by the stormwater administrator to persons or entities acting in the beneficial interest of or in
the employ of the city.
(Ord. No. 2001-15, § 1(1.10), 3-13-01)
Section 15-512. Variances and appeals.
As hereinafter defined and specified.
All applications for variance must be filed with, and will be considered by, the stormwater administrator. All
notices of appeal from any final order of decision of the stormwater administrator must be filed with the
stormwater administrator and the board of aldermen. A notice of appeal shall be considered filed with the
stormwater administrator and the board of aldermen when delivered in a form deemed complete and acceptable
to the stormwater administrator. The date and time of filing shall be entered on the notice by the stormwater
administrator.
(Ord. No. 2001-15, § 1(1.11), 3-13-01)
Section 15-513. Severability.
The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or
paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of this article.
(Ord. No. 2001-15, ;s 1(1.12), 3-13-01)
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 7 of 19

Section 15-514. Regulatory consistency.
This article shall be construed to assure consistency with the applicable requirements of the State of North
Carolina Procedures for Assignment of Water Quality Standards (15A NCAC 2B .0200-.0251) and the U.S. Clean
Water Act and acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.
(Ord. No. 2001-15, § 1(1.13), 3-13-01)
Section 15-515. Ultimate responsibility of discharger.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore
this article does not intend nor imply that compliance by any person will ensure that there will be no
contamination, pollution, nor unauthorized discharge of pollutants into waters of the U.S. caused by said person.
This article shall not create liability on the part of the City of New Bern, or any agent or employee thereof for any
damages that result from any discharger's reliance on this article or any administrative decision lawfully made
thereunder.
(Ord. No. 2001-15, § 1(1.14), 3-13-01)
Section 15-516. Stormwater management.
(a) Stormwater shall be conveyed through development in an adequately designed drainage system of natural
drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be
designed, constructed, and maintained so as to provide natural infiltration, control velocity, control flooding,
extend the time of concentration of stormwater runoff, and protect the quality of the waters of the City of
New Bern and of the State of North Carolina.
(b) Stormwater management plans shall be prepared for, and approved by, the Stormwater Administrator of the
City of New Bern pursuant to the application for a stormwater permit for:
(1) All commercial and industrial development and any major subdivision as defined in the City of New
Bern Land Use Ordinance.
(2) Any activity that disturbs land within 50-feet of the banks of a stream or other natural waterway within
the City of New Bern and its extraterritorial jurisdiction.
(3) Any activity that disturbs more than one-half acre except for the following:
Activity on a bona fide farm, unless the activity is for non -farm purposes.
b. Activities on forest land for the production and harvesting of timber and timber products.
(c) Stormwater management plans shall be prepared by the applicant for a City of New Bern Stormwater Permit
and shall:
(1) Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the City
of New Bern Stormwater Management Manual.
(2) Demonstrate through accepted engineering practices described in the stormwater management
manual the impacts of the proposed development. Impacts of the proposed developments may
include:
Effects on existing upstream and/or downstream drainage systems and property.
b. Effects on existing stormwater facilities.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 8 of 19

C. Effects on the quality of the waters of the City of New Bern and the State of North Carolina.
d. Ability of the natural drainage way to handle additional stormwater runoff.
Site specific criteria.
(3) Demonstrate through accepted engineering practices described in the stormwater management
manual that stormwater runoff is adequately conveyed through the development in a drainage system
designed to meet the criteria described in the Stormwater Management Manual.
(4) Demonstrate through accepted engineering practices described in the Stormwater Management
Manual that stormwater facilities required to control the impacts of the development are designed to
meet the criteria described in the Stormwater Management Manual. At a minimum the stormwater
management plan must demonstrate that a proposed new development:
Will not result in a nitrogen export greater than 3.6 Ibs/ac/yr, unless:
If a residential development, the development will not result in nitrogen exports greater
than 6.0 Ibs/ac/yr and demonstrate that the applicable mitigation offset fees have been
paid to the NC DENR Wetland Restoration Program and the City of New Bern in an amount
to offset the nitrogen export to no more than 3.6 Ibs/ac/yr; or
ii. If a non-residential development, the development will not will not result in nitrogen
exports greater than 10.0 Ibs/ac/yr and demonstrate that the applicable mitigation offset
fees have been paid to the NC DENR Wetland Restoration Program and the City of New
Bern in an amount to offset the nitrogen export to no more than 3.6 Ibs/ac/yr.
b. Shall control the 1-year, 24-hour storm to predevelopment levels using the allowable methods
presented in the Stormwater Manual, except as exempted under the conditions presented in the
Stormwater Manual.
C. Shall control the 10-year, 24-hour storm to predevelopment levels using the allowable methods
presented in the Stormwater Manual.
d. Shall not adversely and significantly impact any riparian buffer area or the waters of the City of
New Bern.
(d) Stormwater facilities inspection and maintenance requirements.
(1) A written inspection and maintenance agreement in a form acceptable to the stormwater
administrator and executed by the applicant of the stormwater permit and the owners of the facility, if
different than the applicant, shall be provided prior to receiving a stormwater permit. The agreement
shall provide the following:
a. Shall bind the parties thereto and all subsequent owners, successors, and assigns.
b. The required inspection maintenance and access of the facility as defined in the Stormwater
Management Manual.
C. That if the city directs the correction, repair, replacement, or maintenance of the facility in
writing and the actions are not satisfactorily performed within a reasonable time (but not greater
than 60 days), the city may, after reasonable notice, enter the land and perform all the necessary
work and may assess the owner(s) of the facility with the cost of the work performed. The
owner(s) served by the facility shall be jointly responsible to the city for the maintenance of the
facility and liable for any costs incurred by the city pursuant to the said agreement and all
properties are jointly subject to the imposition of the liens for said costs.
d. The inspection and maintenance agreement shall be recorded in the register of deeds at the
expense of the applicant.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 9 of 19

Stormwater facilities shall be included in an easement. The easement shall include the area of the
facility, area of ponded water, and enough area for access and maintenance. The easement shall
be recorded in the register of deeds at the expense of the applicant.
(Ord. No. 2001-15, § 1(1.15), 3-13-01)
Section 15-517. Riparian buffers.
(a) Riparian buffers shall be maintained on all sides of perennial and intermittent streams and lakes as provided
herein.
(b) The following are exempt from this riparian buffer requirement:
(1) Manmade ponds and lakes that are located outside of natural drainage ways.
(2) Ditches and manmade conveyances other than modified natural streams.
(3) Areas which have an existing and ongoing use that was present within the riparian buffer as of July 22,
1997. Only the portion of the riparian buffer that contains the footprint of the existing use is exempt
from this requirement. Activities necessary to maintain uses are allowed provided that no additional
vegetation is removed from Zone 1 of the riparian buffer, existing diffuse flow is maintained, and
surface waters are not disturbed. Grading and revegetating Zone 2 is allowed provided that the health
of the vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is
maintained.
(c) At the time an existing use is converted to another use, the riparian buffer requirements of this article shall
apply. An existing use shall be considered to be converted to another use if any of the following applies:
(1) Impervious surface is added to the riparian buffer in locations that did not exist previously.
(2) An agricultural operation within the riparian buffer is taken out of production.
(3) A lawn within the riparian buffer ceases to be maintained.
(d) The protected riparian buffer shall have two zones as described below:
(1) Zone 1 shall be an undisturbed area extending from the top of channel bank landward a minimum
distance of 30 feet measured horizontally on a line perpendicular to the water body.
(2) Zone 2 shall be a vegetative buffer extending from the outer edge of Zone 1 landward a minimum
distance of 20 feet measured horizontally perpendicular to Zone 1.
(3) Zones 1 and 2 shall combine for a total buffer of 50 feet.
(e) Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow entering the
buffer and reestablishing vegetation.
(f) Table of uses. The Stormwater Management Manual contains a chart that sets out the uses and their
designations under this riparian buffer requirement. That manual further designates specific uses as exempt,
allowable, allowable with mitigation and prohibited under this article.
(g) Zone 1 and Zone 2 shall be maintained by the landowner or other responsible body to maintain sheet flow to
the maximum extent practical to provide for diffusion and infiltration of runoff and filtering pollutants into
the affected stream and consistent with maintenance criteria as set out in the Stormwater Management
Manual.
(h) Riparian buffer areas shall be designated on recorded plats as easements. The easement shall distinguish
Zone 1 and Zone 2. The plat shall be included in the Stormwater Management Plan submitted with the
stormwater permit application.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 10 of 19

(i) The Stormwater Management Plan, submitted in support of the application for a stormwater permit, shall
provide documentation, to the satisfaction of the stormwater administrator, that any development proposed
to take place within the above described riparian buffer areas has been approved by NC DENR/DWQ. Such
documentation may consist of the following:
(1) An authorization certificate that documents that DWQ has approved an allowable use such as a road
crossing or utility line. A detailed list of allowable uses is included in the riparian buffer rule.
(2) An opinion from DWQ that vested rights have been established for the proposed development activity.
(3) A letter from DWQ documenting that a variance has been approved for the proposed development
activity.
The stormwater administrator shall not issue a stormwater permit for any new and nonexempt development until
the above documentation has been submitted.
(Ord. No. 2001-15, § 1(1.16), 3-13-01)
Sections 15-518-15-525. Reserved.
Division /L Discharge Prohibitions
Section 15-526. Prohibition of illegal discharges.
It shall be unlawful for any person to empty or deposit in any stormwater management structure, facility or
system, or into any stream or other natural waterway, any substance which:
(1) Is or may become a public health hazard endangering human or animal health;
(2) Is a nuisance, including substances which are unsightly or malodorous or may become so;
(3) Interferes or may interfere with free flow of surface water;
(4) Is inflammable or explosive;
(5) Is toxic to plant or animal life;
(6) Is corrosive or has properties which may damage or render unsightly the stormwater system or natural
waterway; or,
(7) Affects adversely the State of North Carolina classification of the stream or other waterbody into which
the stormwater system discharges.
It shall be unlawful for any person to construct, maintain or use any connection to a stormwater system or to a
stream or other natural waterway which provides for an illegal discharge as described above or for any other
discharge of non-stormwater to that stormwater system or waterway.
No person shall discharge or cause to be discharged into the municipal stormwater system or watercourses any
materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than stormwater.
The commencement, conduct or continuance of any illegal discharge to the stormwater system is prohibited
except as described as follows:
a. Discharges from the following activities will not be considered a source of pollutants to the stormwater
system and to waters of the U.S. when properly managed to ensure that no potential pollutants are
present, and therefore they shall not be considered illegal discharges unless determined to cause a
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 11 of 19

violation of the provisions of this article: potable water line flushing; uncontaminated pumped
groundwater and other discharges from potable water sources; landscape irrigation and lawn watering;
diverted stream flows; rising groundwater; groundwater infiltration to the stormwater system;
uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air
conditioning condensation; uncontaminated non -industrial roof drains; wash water from the cleaning
of the exterior of buildings, including gutters, provided that the discharge does not pose an
environmental or health threat; springs; individual residential and occasional non-commercial car
washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street
wash waters; and flows from fire fighting.
The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered by the State of North
Carolina under the authority of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted by the City of
New Bern stormwater administrator for any discharge to the stormwater system.
With written concurrence of the North Carolina Department of Environmental Health and Natural
Resources, Division of Water Quality, the City of New Bern Stormwater Administrator may exempt in
writing other non-stormwater discharges which are not a source of pollutants to the stormwater
system nor waters of the U.S.
(Ord. No. 2001-15, § 1(2.1), 3-13-01)
Section 15-527. Prohibition of illicit connections.
(a) The construction, use, maintenance or continued existence of illicit connections to the stormwater system is
prohibited.
(b) This prohibition expressly includes, without limitation; illicit connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
(Ord. No. 2001-15, § 1(2.2), 3-13-01)
Section 15-528. Waste disposal prohibitions.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left or maintained,
in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the
stormwater system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in
streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(Ord. No. 2001-15, § 1(2.3), 3-13-01)
Section 15-529. Discharges in violation of Industrial or Construction Activity NPDES
Stormwater.
Discharge permit. Any person subject to an industrial or construction activity NPDES Stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a
form acceptable to the stormwater administrator prior to or as a condition of a subdivision map, site plan, building
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 12 of 19

permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding
or action; or for any other reasonable cause.
(Ord. No. 2001-15, § 1(2.4), 3-13-01)
Sections 15-530-15-535. Reserved.
Division lll. Regulations and Requirements
Section 15-536. Requirement to prevent, control, and reduce stormwater pollutants.
(a) Authorization to adopt and impose best management practices. The city will adopt requirements identifying
best management practices for any activity, operation, or facility that may cause or contribute to pollution or
contamination of stormwater, the stormwater system, or waters of the U.S. as a part of the City's
Stormwater Management Manual. Where best management practices requirements are promulgated by the
city or any federal, State of North Carolina, or regional agency for any activity, operation, or facility which
would otherwise cause the discharge of pollutants to the stormwater system or water of the U.S., every
person undertaking such activity or operation, or owning or operating such facility shall comply with such
requirements. The stormwater administrator will report to the city board of aldermen annually on the status
of implementation of BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to
be developed. BMP's developed under this program will be included in the City of New Bern Stormwater
Management Manual.
(b) New development and redevelopment. The city may adopt requirements identifying appropriate best
management practices to control the volume, rate, and potential pollutant load of stormwater runoff from
new development and redevelopment projects as may be appropriate to minimize the generation, transport
and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and
construction or building -related permit to be issued relative to such development or redevelopment. The
owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements
and building permits as required in this article.
(c) Responsibility to implement best management practices. Notwithstanding the presence or absence of
requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or
operations, or owning facilities or property which will or may result in pollutants entering stormwater, the
stormwater system, or waters of the U.S. shall implement best management practices to the extent they are
practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial
establishment shall provide reasonable protection from accidental discharge of prohibited materials or other
wastes into the municipal stormwater system or watercourses. Facilities to prevent accidental discharge of
prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
Best management practices required and encouraged by the city can be obtained from the stormwater
administrator by requesting a copy of the City of New Bern Stormwater Management Manual.
(Ord. No. 2001-15, § 1(3.1), 3-13-01)
Section 15-537. Requirement to eliminate illegal discharges.
Notwithstanding the requirements of division IV, section 1-23 herein, the stormwater administrator may
require by written notice that a person responsible for an illegal discharge immediately, or by a specified date,
discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the
occurrence of future illegal discharges.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 13 of 19

(Ord. No. 2001-15, § 1(3.2), 3-13-01)
Section 15-538. Requirement to eliminate or secure approval for illicit connections.
(a) The stormwater administrator may require by written notice that a person responsible for an illicit
connection to the stormwater system comply with the requirements of this article to eliminate, or secure
approval for, the connection by a specified date, regardless of whether or not the connection or discharges
to it had been established or approved prior to the effective date of the ordinance from which this article
derives.
(b) If, subsequent to eliminating a connection found to be in violation of this article, the responsible person can
demonstrate that an illegal discharge will no longer occur, said person may request the stormwater
administrator's approval to reconnect. The reconnection or reinstallation of the connection shall be at the
responsible person's expense.
(Ord. No. 2001-15, § 1(3.3), 3-13-01)
Section 15-539. Watercourse protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent
to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the
watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for
maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to
erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse
that is within their property lines in order to protect against erosion and degradation of the watercourse
originating or contributed from their property.
(Ord. No. 2001-15, § 1(3.4), 3-13-01)
Section 15-540. Requirement to remediate.
Whenever the stormwater administrator finds that a discharge of pollutants is taking place or has occurred
which will result in or has resulted in pollution of stormwater, the stormwater system, or water of the U.S., the
stormwater administrator may require by written notice to the owner of the property and/or the responsible
person that the pollution be remediated and the affected property restored within a specified time pursuant to the
provisions of divisions 4 through 5 below.
(Ord. No. 2001-15, § 1(3.5), 3-13-01)
Section 15-541. Requirement to monitor and analyze.
The stormwater administrator may require by written notice of requirement that any person engaged in any
activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal
discharges, and/or non-stormwater discharges to the stormwater system or waters of the U.S., to undertake at
said person's expense such monitoring and analyses and furnish such reports to the City of New Bern as deemed
necessary to determine compliance with this article.
(Ord. No. 2001-15, § 1(3.6), 3-13-01)
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 14 of 19

Section 15-542. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or
responsible for emergency response for a facility or operation has information of any known or suspected release
of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the
stormwater system, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said
person shall immediately notify emergency response officials of the occurrence via emergency dispatch services
(911). In the event of a release of non -hazardous materials, said person shall notify the stormwater administrator
in person or by phone or facsimile as soon as reasonably possible and not later than 5:00 p.m. of the next business
day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the
stormwater administrator's office within three business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
(Ord. No. 2001-15, § 1(3.7), 3-13-01)
Sections 15-543-15-550. Reserved.
Division IV. Inspection and Monitoring
Section 15-551. Authority to inspect.
Whenever necessary to make an inspection to enforce any provision of this article, or whenever the
stormwater administrator has cause to believe that there exists, or potentially exists, in or upon any premises any
condition which constitutes a violation of this article, the stormwater administrator may enter such premises at all
reasonable times to inspect the same and to inspect and copy records related to compliance with this article. In
the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is
hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ord. No. 2001-15, § 1(4.1), 3-13-01)
Section 15-552. Authority to sample, establish sampling devices, and test.
During any inspection as provided herein, the stormwater administrator may take any samples and perform
any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
(Ord. No. 2001-15, § 1(4.2), 3-13-01)
Sections 15-553-15-555. Reserved.
(Supp. No. 71)
Division V. Enforcement; Penalties
Created: 2021-08-13 14:35:29 [EST]
Page 15 of 19

Section 15-556. Enforcement.
(a) Whenever, by the provisions of this article, the performance of any act is required, or the performance of
any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the
erection, alteration, or the use or change of use of a structure a failure to comply with such provisions shall
constitute a violation of this article.
(b) The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder,
contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that
is contrary to the requirements of this article may be held responsible for the violation and be subject to the
penalties and remedies provided herein.
(c) Failure to follow an approved Stormwater Management Plan or stormwater permit shall constitute a
violation of this article and subject to the penalties and remedies provided herein.
(d) Procedures upon discovery of violations shall be as follows:
(1) Upon determination that any provision of this chapter is being violated, the stormwater administrator
shall deliver a written notice by personal service or by registered or certified mail, return receipt
requested, to the person(s) responsible for such violation, indicating the nature of the violation and
ordering the action necessary to correct it. Additional written notices may be sent at the stormwater
administrator's discretion.
(2) The final written notice, which may also be the initial notice, shall state the action the city intends to
take if the violation in not corrected, and shall advise that the stormwater administrator's order may
be appealed to the board of aldermen as provided in section 15-512, Variances and appeals.
(3) In cases when delay would seriously threaten the effective enforcement of this article, or pose a
danger to the public health, safety, or general welfare, the stormwater administrator may seek
enforcement without prior written notice by invoking any of the penalties or remedies contained in
subsection (e) of this section.
(e) Penalties and remedies shall be as follows:
(1) Any violation of any provision of any section of the Stormwater Management Ordinance shall
constitute a misdemeanor and shall subject the violator to a penalty of $500.00 or imprisonment for
not more than 30 days.
(2) Any act constituting a violation of this article shall also subject the offender to a civil penalty of $25.00.
If the offender fails to pay the penalty within ten days of receiving final written notice of a violation,
the penalty may be recovered by the city in a civil action in the nature of a debt. A civil penalty may not
be appealed to the stormwater administrator if the offender received a final written notice of violation
and did not appeal to the stormwater administrator within 30 days.
(3) Each day that any violation continues after receipt of the final written notice of such violation shall
constitute a separate violation and a separate offense for purposes of the penalties and remedies
specified herein.
(4) In addition to the penalties and remedies above, the city may institute any appropriate action or
proceedings to prevent, restrain, or abate a violation of this article.
(f) Illegal discharge. Any designer, engineer, consultant, contractor or person that allows, acts in concert,
participates, directs or assists directly or indirectly in an illegal discharge shall be subject to civil penalties as
follows:
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 16 of 19

(1) For first time offenders, if the discharges consists solely of domestic or household products, said
person shall be assessed a civil penalty not to exceed $100.00 per violation or day for any continuing
violation. If the discharge contains non -domestic substances or if the person cannot provide clear and
convincing evidence of the nature of the substance discharged, said person shall be assessed a civil
penalty not to exceed $1,000.00 per violation or per day for continuing violation.
(2) For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous
penalty not to exceed $10,000.00 per violation or per day for any continuing violation.
(3) The stormwater administrator or his/her designee shall take the following into consideration when
determining the civil penalty amount:
a. The degree and extent of harm to the environment, public health, and property;
b. The cost of remedying the damage;
C. The willfulness of the violation;
d. The duration of the violation;
e. The violator's prior record in complying or failing to comply with this article; and
f. The amount of money saved by the violator by noncompliance.
(4) If the offender fails to pay the penalty within ten days of receiving final written notice of a violation,
the city in a civil action may recover the penalty. A civil penalty may not be appealed to the board of
aldermen if the offender received a final written notice of violation and did not appeal to the board of
aldermen within 30 days.
(5) Each day that any violation continues after receipt of the final written notice of such violation shall
constitute a separate violation and a separate offense for purposes of the penalties and remedies
specified herein.
(6) In addition to the penalties and remedies above, the city may institute any appropriate action or
proceedings to prevent, restrain, correct, or abate a violation of this article.
(Ord. No. 2001-15, § 1(5.1), 3-13-01)
Section 15-557. Notice of violation.
Whenever the stormwater administrator finds that a person has violated a prohibition or failed to meet a
requirement of this article, the stormwater administrator may order compliance by written notice of violation to
the responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The restoration and/or maintenance of riparian buffer areas;
(3) The elimination of illicit connections or discharges;
(4) That violating discharges, practices, or operations shall cease and desist;
(5) The abatement or remediation of stormwater pollution or contamination hazards and the restoration
of any affected property; and
(6) Payment of a fine to cover administrative and remediation costs; and
(7) The implementation of source control or treatment BMPs.
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 17 of 19

If abatement of a violation and/or restoration of affected property is required; the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will be done
by the city or a contractor designated by the stormwater administrator and the expense thereof shall be
charged to the violator pursuant to section 1-27 below.
(Ord. No. 2001-15, § 1(5.2), 3-13-01)
Section 15-558. Appeal.
Notwithstanding the provisions of section 15-561 below, any person receiving a notice of violation under
section 15-5557 above may appeal the determination of the stormwater administrator to the board of aldermen.
The notice of appeal must be received by the board of aldermen within five days from the date of the notice of
violation. Hearing on the appeal before the board of aldermen shall take place within 30 days from the date of
city's receipt of the notice of appeal. The decision of the board of aldermen shall be final.
(Ord. No. 2001-15, § 1(5.3), 3-13-01)
Section 15-559. Abatement by city.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in
the event of an appeal under section 15-558, within ten days of the decision of the board of aldermen upholding
the decision of the stormwater administrator then the city or a contractor designated by the stormwater
administrator shall enter upon the subject private property and is authorized by the stormwater administrator
shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the
violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set
forth above.
(Ord. No. 2001-15, § 1(5.4), 3-13-01)
Section 15-560. Charging cost of abatement/liens.
Within 30 days after abatement of the nuisance by city, the stormwater administrator shall notify the
property owner of the property of the cost of abatement, including administrative costs. The property owner may
file a written protest objecting to the amount of the assessment with the city clerk within 15 days. The city clerk
shall set the matter for public hearing by the board of aldermen. The decision of the board of aldermen shall be set
forth by resolution and shall be final.
If the amount due is not paid within ten days of the decision of the board of aldermen or the expiration of
the time in which to file an appeal under this section, the charges shall become a special assessment against the
property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution
shall be turned over to the city auditor so that the auditor may enter the amounts of the assessment against the
parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the
assessment on the bill for taxes levied against the parcel of land.
(Ord. No. 2001-15, § 1(5.5), 3-13-01)
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 18 of 19

Section 15-561. Urgency abatement.
The stormwater administrator is authorized to require immediate abatement of any violation of this article
that constitutes an immediate threat to the health, safety or welfare of the public. If any such violation is not
abated immediately as directed by the stormwater administrator, the City of New Bern is authorized to enter onto
private property and to take any and all measures required to remediate the violation. Any expense related to such
remediation undertaken by the City of New Bern shall be fully reimbursed by the property owner and/or
responsible party. Any relief obtained under this section shall not prevent city from seeking other and further relief
authorized under this article.
(Ord. No. 2001-15, § 1(5.6), 3-13-01)
Section 15-562. Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of
this article. A violation of or failure to comply with any of the requirements of this article shall constitute a
misdemeanor and shall be punished as set forth in City Code Section
(Ord. No. 2001-15, § 1(5.7), 3-13-01)
Section 15-563. Compensatory action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the stormwater
administrator may impose upon violator alternative compensatory actions as deemed appropriate and consistent
with the purposes of this article.
(Ord. No. 2001-15, § 1(5.8), 3-13-01)
Section 15-564. Violations deemed a public nuisance.
In addition to the enforcement processes and penalties herein before provided, any condition caused or
permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare,
and is declared and deemed a nuisance, and may be summarily abated or restored by the city at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken
by the city.
(Ord. No. 2001-15, § 1(5.9), 3-13-01)
Section 15-565. Acts potentially resulting in a violation of the Federal Clean Water Act.
Any person who violates any provision of this article or any provision of any requirement issued pursuant to
this chapter, may also be in violation of the Clean Water Act and may be subject to the sanctions of those acts
including civil and criminal penalties. Any enforcement action authorized under this article shall also include
written notice to the violator of such potential liability.
(Ord. No. 2001-15, § 1(5.10), 3-13-01)
(Supp. No. 71)
Created: 2021-08-13 14:35:29 [EST]
Page 19 of 19