NCS000482_Appexdix 8.7 Stormwater Management Ordinance_20220422

CHAPTER 159: STORMWATER MANAGEMENT ORDINANCE

SECTION 1: GENERAL PROVISIONS ........................................................................ 6
159-101 Title ............................................................................................................. 6
159-102 Authority ..................................................................................................... 6
159-103 Findings ...................................................................................................... 6
159-104 Purpose ....................................................................................................... 6
(A) General ........................................................................................................... 6
(B) Specific ........................................................................................................... 7
159-105 Applicability and Jurisdiction ..................................................................... 8
(A) General ........................................................................................................... 8
(B) Exemptions ..................................................................................................... 8
(1) Threshold ..................................................................................................... 8
(2) General exemption ....................................................................................... 8
(C) No Development or Redevelopment Until Compliance and Permit ............. 8
(D) Map ................................................................................................................. 9
159-106 Interpretation .............................................................................................. 9
(A) Meaning and Intent ........................................................................................ 9
(B) Text Controls in Event of Conflict ................................................................ 9
(C) Authority for Interpretation .......................................................................... 9
(D) References to Statutes, Regulations, and Documents ................................... 9
(E) Computation of Time ................................................................................... 10
(F) Delegation of Authority ............................................................................... 10
(G) Usage ............................................................................................................ 10
(1) Mandatory and Discretionary Terms .......................................................... 10
(2) Conjunctions .............................................................................................. 10
(3) Tense, Plurals, and Gender ......................................................................... 10
(H) Measurement and Computation .................................................................. 10
159-107 Design Manual .......................................................................................... 10
(A) Reference to Design Manual ........................................................................ 10
(B) Relationship of Design Manual to Other Laws and Regulations ............... 11
(C) Changes to Standards and Specifications ................................................... 11
159-108 Relationship To Other Laws, Regulations And Private Agreements ......... 11
(A) Conflict of Laws ........................................................................................... 11
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(B) Private Agreements ...................................................................................... 11
159-109 Severability ................................................................................................ 12
159-110 Effective Date and Transitional Provisions ............................................... 12
(A) Effective Date ............................................................................................... 12
(B) Final Approvals, Complete Applications .................................................... 12
(C) Violations Continue...................................................................................... 12
159-201 Review and Decision-Making Entities....................................................... 13
(A) Stormwater Administrator .......................................................................... 13
(1) Designation ................................................................................................ 13
(2) Powers and Duties ...................................................................................... 13
159-202 Review Procedures .................................................................................... 13
(A) Permit Required; Must Apply for Permit ................................................... 13
(B) Effect of Permit ............................................................................................ 14
(C) Authority to File Applications ..................................................................... 14
(D) Establishment of Application Requirements, Schedule, and Fees ............. 14
(1) Application Contents and Form .................................................................. 14
(2) Submission Schedule ................................................................................. 14
(3) Fees Required ............................................................................................ 14
(4) Administrative Manual ............................................................................... 15
(E) Submittal of Complete Application ............................................................. 15
(F) Review .......................................................................................................... 15
(1) Approval .................................................................................................... 15
(2) Fails to Comply .......................................................................................... 15
(3) Revision and Subsequent Review ............................................................... 15
159-203 Applications for Approval ......................................................................... 16
(A) Concept Plan and Consultation Meeting..................................................... 16
(1) Existing Conditions/Proposed Site Plans .................................................... 16
(2) Natural Resources Inventory ...................................................................... 16
(3) Stormwater Management System Concept Plan .......................................... 16
(B) Stormwater Management Permit Application ............................................ 17
(C) As-Built Plans and Final Approval ............................................................. 17
(D) Other Permits ............................................................................................... 17
159-204 Participcation In A Regional Stormwater Management Facility .............. 18
(A) Where Permitted .......................................................................................... 18
(B) Use of Contributions .................................................................................... 18
(C) Fees Required ............................................................................................... 18
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159-205 Approvals .................................................................................................. 18
(A) Effect of Approval ........................................................................................ 18
(B) Time Limit/Expiration ................................................................................. 19
159-206 Appeals ...................................................................................................... 19
(A) Right of Appeal ............................................................................................ 19
(B) Filing of Appeal and Procedures ................................................................. 19
(C) Review by Superior Court ........................................................................... 19
SECTION 3: STANDARDS ......................................................................................... 20
159-301 General Standards ..................................................................................... 20
159-302 Impervious surface requirements .............................................................. 20
(A) Setback Requirement ................................................................................... 20
(B) No new impervious or partially pervious surface in floodplain ................. 20
(C) Development in Critical Area of Water Supply Watersheds ..................... 20
159-303 Structural stormwater control requirements ............................................. 20
159-305 Standards for Stormwater Control Measures ............................................ 21
(A) Evaluation According to Contents of Design Manual ................................ 21
(B) Determination of Adequacy; Presumptions and Alternatives .................... 21
(C) Separation from Seasonal High Water Table ............................................. 21
159-306 Dedication of BMPs, Facilities & Improvements ...................................... 22
159-307 Variances .................................................................................................. 22
159-308 Additional Water Quantity Control Standards ..................................... 23
(A) Applicability ................................................................................................. 23
(B) General Requirements ................................................................................. 23

SECTION 4: MAINTENANCE .................................................................................. 24
159-401 General Standards for Maintenance ......................................................... 24
(A) Function of BMPs As Intended ................................................................... 24
(B) Annual Maintenance Inspection and Report .............................................. 24
159-402 Operation and Maintenance Agreement ................................................... 25
(A) In General .................................................................................................... 25
(B) Special Requirement for Homeowners’ and Other Associations ............... 26
159-403 Inspection Program ................................................................................... 27

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159-404 Performance Security For Installation And Maintenance ........................ 27
(A) May Be Required ......................................................................................... 27
(B) Amount ......................................................................................................... 28
(1) Installation ................................................................................................. 28
(2) Maintenance ............................................................................................... 28
(C) Uses of Performance Security ...................................................................... 28
(1) Forfeiture Provisions .................................................................................. 28
(2) Default ....................................................................................................... 28
(3) Costs in Excess of Performance Security .................................................... 28
(4) Refund ....................................................................................................... 29
159-405 Notice to owners ........................................................................................ 29
(A) Deed Recordation and Indications On Plat................................................. 29
(B) Signage ......................................................................................................... 29
159-406 Records of Installation and Maintenance Activities .................................. 29
159-407 Nuisance.................................................................................................... 29
SECTION 5: ENFORCEMENT AND VIOLATIONS ................................................. 30
(A) Authority to Enforce .................................................................................... 30
(B) Violation Unlawful ....................................................................................... 30
(C) Each Day a Separate Offense ...................................................................... 30
(D) Responsible Persons/Entities ....................................................................... 30
(1) Person Maintaining Condition Resulting In or Constituting Violation ........ 30
(2) Responsibility For Land or Use of Land ..................................................... 30
159-502 Remedies And Penalties ............................................................................ 31
(A) Remedies....................................................................................................... 31
(1) Withholding of Certificate of Occupancy ................................................... 31
(2) Disapproval of Subsequent Permits and Development Approvals ............... 31
(3) Injunction, Abatements, etc. ....................................................................... 31
(4) Correction as Public Health Nuisance, Costs as Lien, etc............................ 31
(5) Stop Work Order ........................................................................................ 31
(B) Civil Penalties ............................................................................................... 32
(C) Criminal Penalties ........................................................................................ 32
159-503 Procedures................................................................................................. 32
(A) Initiation/Complaint .................................................................................... 32
(B) Inspection ..................................................................................................... 32
(C) Notice of Violation and Order to Correct ................................................... 32
(D) Extension of Time ........................................................................................ 33
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(E) Enforcement After Time to Correct ............................................................ 33
(F) Emergency Enforcement ............................................................................. 33
SECTION 6: DEFINITIONS ....................................................................................... 34
159-601 Terms Defined ........................................................................................... 34
Built-upon area (BUA) ............................................................................................ 34
Department .............................................................................................................. 34
Design Manual ......................................................................................................... 34
Development ............................................................................................................ 34
Division .................................................................................................................... 34
Floodplain ................................................................................................................ 34
Larger common plan of development or sale ......................................................... 34
1-year, 24-hour storm .............................................................................................. 34
Owner....................................................................................................................... 35
Redevelopment ........................................................................................................ 35
Structural BMP ....................................................................................................... 35
Substantial progress ................................................................................................ 35
SECTION 7: Illicit Discharges ..................................................................................... 36
159-701 Illicit Discharges and Connections ........................................................... 36
(A) Illicit Discharges ........................................................................................... 36
(B) Illicit Connections ........................................................................................ 37
(F) Spills ............................................................................................................. 38
(G) Nuisance ....................................................................................................... 39

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SECTION 1: GENERAL PROVISIONS
159-101 TITLE
This Ordinance shall be known as “The Stormwater Management Ordinance,” hereinafter
as “Ordinance,” and may be so cited.
159-102 AUTHORITY
The City Council is authorized to adopt this Ordinance pursuant to North Carolina law,
including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
North Carolina General Statutes: Chapter 15-27.2. (Warrants to conduct inspections
authorized by law), Chapter 143-214.5 (Water supply watershed protection), Chapter
143-214.7 (Stormwater runoff rules and programs) and rules promulgated by the
Environmental Management Commission thereunder; Session Law 2006-246 (Phase II
Stormwater Management); Chapter 160A, §§ 174, 175 & 185 (General ordinance-making
power, Enforcement of ordinance $ Emission of pollutants or contaminants.)
159-103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, non-point and point source pollution, and sediment transport and deposition, as
well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-borne
pollutants and alterations in hydrology that are harmful to public health and safety as well
as to the natural environment; and
These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the North
Carolina Environmental Management Commission promulgated in response to federal
Phase II requirements, compel certain urbanized areas, including this jurisdiction, to
adopt minimum stormwater controls such as those included in this Ordinance.
Therefore, the City Council establishes this set of water quality and quantity regulations
to meet the requirements of state and federal law regarding control of stormwater runoff
and discharge.
159-104 PURPOSE
(A) General
The purpose of this Ordinance is to protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post-
development stormwater runoff and non-point and point source pollution
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associated with new development and redevelopment as well as illicit discharges
into municipal stormwater systems. It has been determined that proper
management of construction-related and post-development stormwater runoff
will minimize damage to public and private property and infrastructure;
safeguard the public health, safety, and general welfare; and protect water and
aquatic resources.
(B) Specific
This Ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision-making processes for development that protect the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state as nearly as
practicable for the applicable design storm to reduce flooding, stream bank
erosion, non-point and point source pollution and increases in stream
temperature, and to maintain the integrity of stream channels and aquatic
habitats;
3. Establishing minimum post-development stormwater management
standards and design criteria for the regulation and control of stormwater
runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and
use of structural stormwater BMPs that may be used to meet the minimum
post-development stormwater management standards;
5. Encouraging the use of better management and site design practices, such
as the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to ensure that
they continue to function as designed, are maintained appropriately, and pose
no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
inspection of approved projects, and to assure appropriate long-term
maintenance.
8. Coordinating site design plans that include open space and natural areas
with the Unified Development Ordinance.
9. Controlling illicit discharges into the municipal separate stormwater
system.
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10. Controlling erosion and sedimentation from construction activities in
conjunction with the Erosion and Sedimentation Control Ordinance
159-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this Ordinance shall be
applicable to all development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, and grading applications, unless
exempt pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
(1) Threshold

Residential development that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale, and non-residential
development that cumulatively disturbs less than one-half acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
Ordinance.
Redevelopment outside the floodplain that results in no net increase in built-upon
area and provides equal or greater stormwater control than the previous
development is exempt from the provisions of this Ordinance
Redevelopment of residential structures that results in no net increase in built-
upon area and provides equal or greater stormwater control than the previous
development is exempt from the provisions of this Ordinance whether or not
within the floodplain.
Redevelopment of non-residential structures that disturbs less than one-half acre,
that is not part of a larger common plan of development or sale, that is within the
floodplain, and that results in no net increase in built-upon area and provides
equal or greater stormwater control than the previous development is exempt
from the provisions of this Ordinance.
Development and redevelopment that disturb less than a stated area threshold are
not exempt if such activities are part of a larger common plan of development or
sale that exceeds the area threshold, even though multiple, separate or distinct
activities take place at different times on different schedules.
(2) General exemption
Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this Ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the
provisions of this Ordinance or unless exempted. No development for which a
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permit is required pursuant to this Ordinance shall occur except in compliance
with the provisions, conditions, and limitations of the permit.
(D) Map
The provisions of this Ordinance shall apply within the areas designated on the
map titled “Stormwater Map of City of Monroe, North Carolina" ("the
Stormwater Map"), which is adopted simultaneously herewith. The Stormwater
Map and all explanatory matter contained thereon accompanies and is hereby

made a part of this Ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
Ordinance and the geographic location of all structural BMPs permitted under
this Ordinance. In the event of a dispute, the applicability of this Ordinance to a
particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
159-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this Ordinance shall
be construed according to the general and specific purposes set forth in Section
104, Purpose. If a different or more specific meaning is given for a term defined
elsewhere in City of Monroe Code of Ordinances, the meaning and application of
the term in this Ordinance shall control for purposes of application of this
Ordinance.
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this Ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of
this Ordinance. Any person may request an interpretation by submitting a written
request to the Stormwater Administrator, who shall respond in writing within 30
days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this Ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation,
manual (including the Design Manual prepared by the North Carolina
Department of Environment and Natural Resources), or document, it shall be
construed as a reference to the most recent edition of such that has been finalized
and published with due provision for notice and comment, unless otherwise
specifically stated.
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(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first
day and including the last day. If a deadline or required date of action falls on a
Saturday, Sunday, or holiday observed by the City of Monroe, the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or
holiday observed by the City of Monroe. References to days are calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of City of Monroe may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature, establishing
an obligation or duty to comply with the particular provision. The words
“may” and “should” are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word “and” indicates that all connected items,
conditions, provisions and events apply. The word “or” indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes
the singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.

159-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual prepared
by the North Carolina Department of Environment and Natural Resources as the
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basis for decisions about stormwater permits and about the design,
implementation and performance of structural and non-structural stormwater
BMPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater
treatment practices that are designed, constructed, and maintained in accordance
with these design and sizing criteria will be presumed to meet the minimum
water quality performance standards of the Phase II and other applicable
stormwater laws.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or
apply a higher standard than other laws or regulations, that fact shall not prevent
application of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information
in the Design Manual are amended subsequent to the submittal of an application
for approval pursuant to this Ordinance but prior to approval, the new
information shall control and shall be utilized in reviewing the application and in
implementing this Ordinance with regard to the application.
159-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE`
AGREEMENTS
(A) Conflict of Laws
This Ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this Ordinance are in
addition to the requirements of any other Ordinance, rule, regulation or other
provision of law. Where any provision of this Ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This Ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this Ordinance are
more restrictive or impose higher standards or requirements than such an
easement, covenant, or other private agreement, the requirements of this
Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any
private covenant or deed restriction, but such covenant or restriction shall not
legitimize any failure to comply with this Ordinance. In no case shall the City of
Monroe be obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
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159-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
Ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this Ordinance.
159-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(D) Effective Date
This Ordinance shall take effect on October 1, 2007.
(E) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the City prior to the effective date
of this Ordinance and which remain valid, unexpired, unrevoked and not
otherwise terminated at the time of development or redevelopment shall be
exempt from complying with all provisions of this Ordinance dealing with the
control and/or management of post-construction runoff, but shall be required to
comply with all other applicable provisions, including but not limited to illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the effective data
of this Ordinance if it has been approved by all necessary government units, it
remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project
and a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this Ordinance to that phase of
development would require a material change in that phase of the plan.
(F) Violations Continue
Any violation of provisions existing on the effective date of this Ordinance shall
continue to be a violation under this Ordinance and be subject to penalties and
enforcement under this Ordinance unless the use, development, construction, or
other activity complies with the provisions of this Ordinance.

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SECTION 2: ADMINISTRATION AND PROCEDURES______________________
159-201 REVIEW AND DECISION-MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
The Stormwater Administrator shall be the City of Monroe Engineering
Director or his designee who shall be responsible for administering and
enforcing this Ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the City of Monroe Code of Ordinances and other laws, the
Stormwater Administrator shall have the following powers and duties under
this Ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this Ordinance.
b. To make determinations and render interpretations of this Ordinance.
c. To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the City of Monroe on applications for
development or redevelopment approvals.
d. To enforce the provisions of this Ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and administration
of this Ordinance.
f. To provide expertise and technical assistance to the City Council and
the Water Resources Committee upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of
this Ordinance.
159-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless
exempt pursuant to this Ordinance. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
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(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural
BMPs and elements of site design for stormwater management other than
structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this Ordinance, whether the approach consists of structural
BMPs or other techniques such as low-impact or low-density design. The permit
does not continue in existence indefinitely after the completion of the project;
rather, compliance after project construction is assured by the maintenance
provisions of this Ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner’s duly authorized
agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content
and form of all applications and shall amend and update those requirements
from time to time. At a minimum, the stormwater permit application shall
describe in detail how post-development stormwater runoff will be controlled
and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this Ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications, and that the various stages in the
review process are accommodated.
(3) Fees Required
Applications for stormwater permit approval, use of city- owned/maintained
stormwater control systems, inspections related to the initial approval of
stormwater control systems, and annual inspections of stormwater control
systems and development sites shall be subject to any and all relevant fees as
adopted by the City Council and prescribed in the City of Monroe Code of
Ordinances and Fee Schedule. Application fees shall accompany any
application, otherwise the application shall be determined incomplete and
shall be returned to the applicant.
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(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this Ordinance, and information on how and where to
obtain the Design Manual in an Administrative Manual, which shall be made
available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this Ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
(F) Review
Within 30 calendar days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this Ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this Ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of
approval as needed to ensure compliance with this Ordinance. The conditions
shall be included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply
with the standards of this Ordinance, the Stormwater Administrator shall
notify the applicant and shall indicate how the application fails to comply.
The applicant shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 calendar days after its re-submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re-submitted within thirty (30) calendar days
from the date the applicant was notified, the application shall be considered
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withdrawn, and a new submittal for the same or substantially the same
project shall be required along with the appropriate fee for a new submittal.

159-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is submitted, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post-construction stormwater management system to be utilized in
the proposed development project. This consultation meeting should take place at
the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post-
construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential
approaches to stormwater management designs before formal site design
engineering is commenced.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at
a minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed limits of clearing
and grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This
description should include a discussion of soil conditions, forest cover,
geologic features, topography, wetlands, and native vegetative areas on the
site, as well as the location and boundaries of other natural feature protection
and conservation areas such as lakes, ponds, floodplains, stream buffers and
other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive features that
provide particular opportunities or constraints for development and
stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-development
stormwater management system including: preliminary selection and location
of proposed structural stormwater controls; low-impact design elements;
location of existing and proposed conveyance systems such as grass
channels, swales, and storm drains; flow paths; location of
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floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this Ordinance, including Section
3, Standards. All such plans shall be prepared by a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect, and
the engineer, surveyor, soil scientist or landscape architect shall perform services
only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements
for complete applications, that the designs and plans are sufficient to comply
with applicable standards and policies found in the Design Manual, and that the
designs and plans ensure compliance with this Ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete submittals
shall be treated pursuant to Section 159-202(D).
(C) As-Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit
actual “as built” plans for all stormwater management facilities or practices after
final construction is completed.
The plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth, and
planted vegetation of all measures, controls, and devices, as installed. The
designer of the stormwater management measures and plans shall certify, under
seal, that the as-built stormwater measures, controls, and devices are in
compliance with the approved stormwater management plans and designs and
with the requirements of this Ordinance. A final inspection and approval by the
Stormwater Administrator shall occur before the release of any performance
securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the City of Monroe
Permitting Center without final as-built plans and a final inspection and approval
by the Stormwater Administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the City of Monroe may elect to
withhold a percentage of permits or certificates of occupancy until as-built plans
are submitted and final inspection and approval has occurred.
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159-204 PARTICIPCATION IN A REGIONAL STORMWATER MANAGEMENT
FACILITY

(A) Where Permitted
Where a regional stormwater management facility has been established by the
City of Monroe, or by an authority operating with approval from the City of
Monroe, a development may participate in said program in lieu of any
certification of runoff control required by this article, provided that:
1. Runoff from the development drains to an existing public regional stormwater
management facility approved by the City of Monroe;

2. Participation is in the form of contribution of funds, contribution of land,
contribution of stormwater management facility construction work, or a
combination of these, the total value of which shall be in accordance with fee
schedule adopted by the City Council; and

3. The City finds that the stormwater management plan is in compliance with all
other applicable requirements of this Ordinance.

(B) Use of Contributions

Each contribution from a development participating in a regional stormwater
management facility shall be used for acquisition, design, construction or
maintenance of one (1) or more such facilities in the same watershed in which the
development is located.

(C) Fees Required
Stormwater management control plan review, use of City-owned/ maintained
stormwater control systems, inspections related to the initial approval of
stormwater control systems, and annual inspections of stormwater control
systems shall be subject to any and all relevant fees as adopted by City Council
and prescribed in the City of Monroe Code of Ordinances and Fee Schedule. Plan
review fees shall accompany the plans submitted for review, otherwise the plan
submittal shall be determined incomplete and shall be returned to applicant.
159-205 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and
federal authorities.
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(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time
limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there
has been substantial reliance on the original permit and the change in standards
would infringe the applicant’s vested rights.
159-206 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this Ordinance made
by the Stormwater Administrator, may file an appeal to the Board of Adjustment
within 30 days.
(B) Filing of Appeal and Procedures
The process and procedures for hearing appeals and variance requests, as
outlined by in Chapter 156, Zoning Code, shall apply to all requests for appeals
or for a variance to any part of this Chapter.. The Stormwater Administrator shall
transmit to the Board of Adjustment all documents constituting the record on
which the decision appealed from was taken.
The hearing conducted by the Board of Adjustment shall be conducted in the
nature of a quasi-judicial proceeding with all findings of fact supported by
competent, material evidence.
(C) Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court
review by proceedings in the nature of certiorari. Petition for review by the
Superior Court shall be filed with the Clerk of Superior Court within thirty (30)
days after the latter of the following:
(1) The decision of the Board of Adjustment is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Board of Adjustment at the time of
its hearing of the case.

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SECTION 3: STANDARDS

159-301 GENERAL STANDARDS
All development and redevelopment to which this Ordinance applies shall comply with
the standards of this section.
159-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback Requirement
All impervious surfaces, except for roads, paths, and water dependent structures,
shall be located at least 35 feet landward of all perennial and intermittent surface
waters. Development approved in conjunction with a conditional zoning district
or special use permit shall have an impervious surface setback of 50 feet
landward of al perennial or intermittent surface waters.
A perennial or intermittent surface water shall be deemed present if the feature is
shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent complete version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be allowed
when surface waters are not present in accordance with the provisions of 15A
NCAC 2B .0233 (3)(a) or similar site-specific determination made using
Division-approved methodology.
(B) No new impervious or partially pervious surface in floodplain
For development activities, no new impervious or partially pervious surfaces,
except for road crossings (public and private), paths, and water dependent
structures, where no practical alternative exists shall be allowed within the
floodplain.
(C) Development in Critical Area of Water Supply Watersheds
All development activities that are located within the area designated by the
Environmental Management Commission as a Critical Area of a Water Supply
Watershed shall be limited to a maximum impervious surface density of 36
percent.

159-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS
Owners of property subject to this Ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the
following standards:
(A) The measures shall control and treat runoff from the first inch of rain.
Runoff volume drawdown time for wet detention ponds shall be a
minimum of 48 hours, but not more than 120 hours.
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(B) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average
annual removal for Total Suspended Solids (TSS);
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Design Manual;
(D) The measure shall discharge the storage volume at a rate equal or less
than the pre-development discharge rate for the 1-year, 24-hour storm.
(E) The approval of the stormwater permit shall require enforceable
restrictions on property usage that runs with the land, including recorded
deed restrictions and protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
159-305 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPs) required under this
Ordinance shall be evaluated by the Stormwater Administrator according to the
policies, criteria, and information, including technical specifications and
standards and the specific design criteria for each stormwater practice, in the
Design Manual. The Stormwater Administrator shall determine whether
proposed BMPs will be adequate to meet the requirements of this Ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance
standards of this Ordinance. Whenever an applicant proposes to utilize a practice
or practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this Ordinance. The Stormwater Administrator
may require the applicant to provide the documentation, calculations, and
examples necessary for the Stormwater Administrator to determine whether such
an affirmative showing is made.
(C) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil

above the seasonal high-water table.

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159-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The City of Monroe may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this Ordinance and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance. Decision to accept
dedication shall be based on formal action of the Monroe City Council at their sole
discretion.
159-307 VARIANCES
(A) Any person may petition the City of Monroe for a variance granting permission to
use the person's land in a manner otherwise prohibited by this Ordinance. To qualify for a
variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this Ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance; will secure public safety and welfare; and will preserve substantial
justice.
(B) The City of Monroe may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 35-foot landward
location of built-upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect water quality to the
maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited
to, water, sewer, or gas construction and maintenance corridor, as long as it is
located 15 feet landward of all perennial and intermittent surface waters and as
long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of
BMPs.
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(3) A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of the
proposed activity and all alternative designs, the basic project purpose cannot be
practically accomplished in a manner which would avoid or result in less adverse
impact to surface waters.
159-308 ADDITIONAL WATER QUANTITY CONTROL STANDARDS
(A) Applicability
This section applies to the following type developments or redevelopments:
All non-residential sites containing new development and/or redevelopment including
road construction, grading, paving, gravel placement, and construction of buildings and
other structures, which include the creation of 20,000 square feet or more of new
impervious area, within the corporate limits and the extraterritorial jurisdiction of the
City of Monroe. Impervious areas in existence prior to the effective date of this
Ordinance shall not be included in the computation of impervious area; and
All new residential development and/or redevelopment meeting the following
requirements:
(1) Exceeds 1 dwelling units per acre;
(2) Provides for private or public street/driveway construction for access to
multiple lots;
(3) Requires engineered stormwater control structures as outlined by this
Ordinance.
Properties that directly abut regulated floodways as designated by the Federal Emergency
Management Agency shall be considered exempt from requirements of this Section.
(B) General Requirements
(1) The engineer or landscape architect of record shall conduct hydrologic and
hydraulic engineering studies for the site for both pre-development and post-
development conditions. The engineer or landscape architect of record shall
provide a certification that the development or redevelopment will not cause
increased off-site flooding, drainage, or erosion problems

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(2) Where it is determined that the development of the site does increase the
peak discharge rate, stormwater quantity control improvements must be
implemented. The stormwater quantity control improvements must limit the two-
year and ten-year post-development peak discharge rates to pre-development
peak discharge rates, to minimize flooding, drainage, and erosion problems.
These improvements may consist of nonstructural approaches such as natural
swales, depressions in the land and other natural approaches, or structural
approaches such as detention structures (wet and dry basins), extended detention
facilities and alternative best management practices (BMPs) with provisions for
stormwater quantity control. A combination of nonstructural and structural
approaches is encouraged.

(3) For stormwater management improvements proposed to achieve compliance
with quantity control requirements of this section, a hydrologic-hydraulic
analysis of the site drainage system in the pre-development condition and the
post-development condition shall be performed. The analysis should be included
with the stormwater management plan and should demonstrate that the quantity
control requirements stated in this section will be achieved by the proposed
improvements. These improvements shall be subject to review and approval by
the Stormwater Administrator.

(4) If site characteristics indicate that complying with the minimum stormwater
management requirements of this section will not provide adequate engineering
designs or protection for local residents, and downstream property, it shall be the
site designer's responsibility to exceed the minimum requirements as necessary.

SECTION 4: MAINTENANCE____________________________________________

159-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this Ordinance shall
maintain and operate it so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function for which the
structural BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant
to this Ordinance shall submit to the Stormwater Administrator an inspection
report from one of the following persons performing services only in their area of
competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, or person certified
by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the
following:
(1) The name and address of the land owner;
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(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly
and are in compliance with the terms and conditions of the approved
maintenance agreement required by this Ordinance;
(6) The original signature and seal of the engineer, surveyor, or landscape
architect; and
(7) A financial statement documenting the available funding established in
the escrow account for operation and maintenance of the stormwater
control and management facilities.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as-built certification and each
year thereafter on or before the date of the as-built certification.
159-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this Ordinance, and prior to issuance of any permit
for development or redevelopment requiring a structural BMP pursuant to this
Ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BMP. Until the
transference of all property, sites, or lots served by the structural BMP, the
original owner or applicant shall have primary responsibility for carrying out the
provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state
the terms, conditions, and schedule of maintenance for the structural BMP. In
addition, it shall grant to the City of Monroe a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in
no case shall the right of entry, of itself, confer an obligation on the City of
Monroe to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the county Register of Deeds upon final plat approval
by the City of Monroe.
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(B) Special Requirement for Homeowners’ and Other Associations
For all structural BMPs required pursuant to this Ordinance and that are to be or
are owned and maintained by a homeowners’ association, property owners’
association, or similar entity, the required operation and maintenance agreement
shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural BMPs. If structural BMPs are
not performing adequately or as intended or are not properly maintained,
the City of Monroe, in its sole discretion, may remedy the situation, and
in such instances the City of Monroe shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association for
sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, upon written
notification to the City of Monroe.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial
construction cost of the structural BMPs. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the
structural BMPs. Funds shall be deposited each year into the escrow
account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down
from the escrow account shall be replaced in accordance with the
schedule of anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied upon approval by the Monroe City
Council based upon good cause shown.
(5) Granting to the City of Monroe a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6) Allowing the City of Monroe to recover from the association and its
members any and all costs the City of Monroe expends to maintain or
repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the City of Monroe all of its expended costs, after forty-
five days written notice, shall constitute a breach of the agreement. In
case of a deficiency, the City of Monroe shall thereafter be entitled to
bring an action against the association and its members to pay, or
foreclose upon the lien hereby authorized by the agreement against the
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property, or both. Interest, collection costs, and attorney fees shall be
added to the recovery.
(7) A statement that this agreement shall not obligate the City of Monroe to
maintain or repair any structural BMPs, and the City of Monroe shall not
be liable to any person for the condition or operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the City of Monroe to enforce any of its Ordinances
as authorized by law.
(9) A provision indemnifying and holding harmless the City of Monroe for
any costs and injuries arising from or related to the structural BMP,
unless the City of Monroe has agreed in writing to assume the
maintenance responsibility for the BMP and has accepted dedication of
any and all rights necessary to carry out that maintenance.
(10) A provision that a financial statement shall be provided and included as
part of the annual inspection report documenting the available funding
established in the escrow account for operation and maintenance of the
stormwater control and management facilities.
159-403 INSPECTION PROGRAM
Inspections and inspection programs by City of Monroe may be conducted or
established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or other
notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited
to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition
of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search
warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct,
hamper or interfere with the Stormwater Administrator while carrying out his or
her official duties.
159-404 PERFORMANCE SECURITY FOR INSTALLATION AND
MAINTENANCE

(A) May Be Required
The City of Monroe may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in order to
ensure that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater
management plan; and/or
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(2) Maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
10%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the
annual cost of inspection, operation and maintenance of the BMPs approved
under the permit, at a discount rate that reflects the jurisdiction’s cost of
borrowing, minus a reasonable estimate of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in
accordance with this Ordinance, approvals issued pursuant to this Ordinance,
or an operation and maintenance agreement established pursuant to this
Ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the City of Monroe shall not return any of
the unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in Excess of Performance Security
If the City of Monroe takes action upon such failure by the applicant or
owner, the City of Monroe may collect from the applicant or owner the
difference between the amount of the reasonable cost of such action and the
amount of the security held, in addition to any other penalties or damages
due.
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(4) Refund
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount
attributable to the cost (plus 10%) of landscaping installation and ongoing
maintenance associated with the BMPs covered by the security. Any such
landscaping shall be inspected one (1) year after installation with
replacement for compliance with the approved plans and specifications and,
if in compliance, the portion of the financial security attributable to
landscaping shall be released.
159-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement or dedication and
acceptance into public maintenance pertaining to every structural BMP shall be
referenced on the final plat and shall be recorded with the county Register of
Deeds upon final plat approval. If no subdivision plat is recorded for the site,
then the operations and maintenance agreement or dedication and acceptance into
public maintenance shall be recorded with the county Register of Deeds so as to
appear in the chain of title of all subsequent purchasers under generally accepted
searching principles.
(B) Signage
Where appropriate, to assure compliance with this Ordinance, structural BMPs
shall be posted with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as to remain
visible and legible.
159-406 RECORDS OF INSTALLATION AND MAINTENANCE
ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and
repairs for at least five years from the date of creation of the record and shall submit the
same upon reasonable request to the Stormwater Administrator.
159-407 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a nuisance condition.
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SECTION 5: ENFORCEMENT AND VIOLATIONS
159-501 GENERAL

(A) Authority to Enforce
The provisions of this Ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of Monroe.
Whenever this section refers to the Stormwater Administrator, it includes his or
her designee as well as any authorized agent of City of Monroe.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this Ordinance, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant
to this Ordinance, is unlawful and shall constitute a violation of this Ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this Ordinance shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with
this section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this Ordinance, or fails to
take appropriate action, so that a violation of this Ordinance results or persists; or
an owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the violation
occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this Ordinance, or fails to take
appropriate action, so that a violation of this Ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant
of the property, any person who is responsible for stormwater controls or
30

practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or
redevelopment of the property.
159-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this Ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue
a certificate of occupancy for the building or other improvements constructed
or being constructed on the site and served by the stormwater practices in
question until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured
the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this Ordinance continues and remains uncorrected,
the Stormwater Administrator or other issuing authority may withhold, and
may disapprove, any request for permit or development approval or
authorization requested for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the City
Council, may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a
violation of this Ordinance. Any person violating this Ordinance shall be
subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Stormwater Administrator, with the written
authorization of the City Council, may cause the violation to be corrected and
the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this Ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop
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work order may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations.
(B) Civil Penalties
Violation of this Ordinance may subject the violator to a civil penalty ( § 10.99
General Penalty) to be recovered in a civil action in the nature of a debt if the
violator does not pay the penalty within 30 days after notice of the violation is
issued by the Stormwater Administrator. Civil penalties may be assessed up to
the full amount of penalty to which the City of Monroe is subject for violations
of its National Pollutant Discharge Elimination System (NPDES) Permit.
(C) Criminal Penalties
Any person that has violated or continues to violate this Ordinance shall be liable
to criminal prosecution to the fullest extent of the law, and shall be subject to a
criminal penalty of not less than $50.00 nor more than $500.00 dollars per
violation per day and/or imprisonment for a period of time not to exceed 20 days.
The authorized enforcement agency may recover all attorney’s fees, court costs
and other expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.

159-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this Ordinance occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be
investigated promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of
proper credentials, to enter and inspect any land, building, structure, or premises
to ensure compliance with this Ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is
in violation of this Ordinance, the Stormwater Administrator shall notify, in
writing, the property owner or other responsible persons/entities violating this
Ordinance. The notification shall indicate the nature of the violation, contain the
address or other description of the site upon which the violation is occurring,
order the necessary action to abate the violation, and give a deadline for
correcting the violation. If civil penalties are to be assessed, the notice of
violation shall also contain a statement of the civil penalties to be assessed, the
time of their accrual, and the time within which they must be paid or be subject
to collection as a debt.
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The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the Monroe Police Department, by certified or registered
mail, return receipt requested, or by any means authorized for the service of
documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in
the notification, the Stormwater Administrator may take appropriate action under
this Ordinance to correct and abate the violation and to ensure compliance with
this Ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining that the request includes enough information to show
that the violation cannot be corrected within the specified time limit for reasons
beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow
timely correction of the violation, up to, but not exceeding 30 days. The
Stormwater Administrator may grant 30 -day extensions in addition to the
foregoing extension if the violation cannot be corrected within the permitted time
due to circumstances beyond the control of the person violating this Ordinance.
The Stormwater Administrator may grant an extension only by written notice of
extension. The notice of extension shall state the date prior to which correction
must be made, after which the violator will be subject to the penalties described
in the notice of violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this Ordinance.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this Ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the immediate
cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate enforcement,
without prior written notice, through any remedy or penalty authorized by this
article.

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SECTION 6: DEFINITIONS
159-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Built-upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
“Built-upon area” does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in Phase II jurisdictions by the North
Carolina Department of Environment and Natural Resources for the proper
implementation of the requirements of the Federal Phase II stormwater program. All
references herein to the Design Manual are to the latest published edition or revision. The
Design Manual is not part of the City of Monroe Standard Specifications and Detail
Manual.
Development
Any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department.
Floodplain
The one percent Annual Chance Floodplain as delineated by the North Carolina
Floodplain Mapping Program in the Division of Emergency Management.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land-disturbing activities
will occur under one plan. A plan is any announcement or piece of documentation
(including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled
or exceeded, on average, once in 12 months and with a duration of 24 hours.

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Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee
in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of
management and control of the property. “Owner” shall include long-term commercial
tenants; management entities, such as those charged with or engaged in the management
of properties for profit; and every person or entity having joint ownership of the property.
A secured lender not in possession of the property does not constitute an owner, unless
the secured lender is included within the meaning of “owner” under another description
in this definition, such as a management entity.
Redevelopment
Any development on previously-developed land, other than a rebuilding activity that
results in no net increase in built-upon area and provides equal or greater stormwater
control than the previous development.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff;
to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-development hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as
constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property. “Structural BMP” is synonymous with “structural
practice,” “stormwater control facility,” “stormwater control practice,” “stormwater
treatment practice,” “stormwater management practice,” “stormwater control measures,”
“structural stormwater treatment systems,” and similar terms used in this Ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and
conducting grading activity on a continuous basis and not discontinued for more than
thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a
building permit for the construction and approval of a building foundation. “Substantial
progress” for purposes of determining whether an approved plan is null and void is not
necessarily the same as “substantial expenditures” used for determining vested rights
pursuant to applicable law.
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SECTION 7: ILLICIT DISCHARGES
159-701 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the
land in manner and amount that the substance is likely to reach a stormwater conveyance
or the waters of the State, any liquid, solid, gas, or other substance, other than
stormwater; provided that non-stormwater discharges associated with the following
activities are allowed and provided that they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation waters (does not include reclaimed water as described in 15A NCAC
2H .0200);
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water;
(19) Flows from emergency fire fighting; and

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(20) Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the City of Monroe Engineering Department.
Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal
waste, paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in subsection
(A) above, are unlawful. Prohibited connections include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other Ordinance prohibiting such
connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of this Ordinance. However, the
one-year grace period shall not apply to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and
safety, or are likely to result in immediate injury and harm to real or personal property,
natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm to real
or personal property, natural resources, wildlife, or habitat; or
b. Was made in violation of any applicable regulation or Ordinance, other than this
section.
The Stormwater Administrator shall designate the time within which the connection shall
be removed. In setting the time limit for compliance, the Stormwater Administrator shall
take into consideration:
1. The quantity and complexity of the work;
2. The consequences of delay;
3. The potential harm to the environment, to the public health, and to public and
private property; and
4. The cost of remedying the damage.

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(C) Suspension of MS4 Access

Suspension due to Illicit Discharges in Emergency Situations

The City of Monroe may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the MS4 or Waters of the United States. If the violator
fails to comply with a suspension order issued in an emergency, the authorized
enforcement agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the United States, or to minimize danger to persons.

Suspension due to the Detection of Illicit Discharge

Any person discharging to the MS4 in violation of this Ordinance may have their MS4
access terminated if such termination would abate or reduce an illicit discharge. The
authorized enforcement agency will notify a violator of the proposed termination of its
MS4 access. The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this Section, without the prior approval of the
authorized enforcement agency.

(D) Industrial or Construction Activity Discharges

Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the City of Monroe prior to the allowing
of discharges to the MS4.

(E) 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 free of
trash, debris, 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.

(F) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
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 storm water, the storm drain
system, or water of the U.S. said person shall take all necessary steps to ensure the
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discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said person shall notify the authorized enforcement agency in person
or by phone or facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the City of Monroe
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.
Notification shall not relieve any person of any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor
shall such notification relieve any person from other liability which may be imposed by
State or other law.
(G) Nuisance
Illicit discharges and illicit connections which exist within the City of Monroe corporate
limits are hereby found, deemed, and declared to be dangerous or prejudiced to the public
health or public safety and are found, deemed, and declared to be public nuisances. Such
public nuisances shall be abated or restored at the violator’s expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

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