NCS000447_Landis 2009 SWMP_20220516

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO. A ` 060
DOC TYPE 0 FINAL PERMIT
REPORT. ANNUAL
CVAPPLICATION
COMPLIANCE
OTHER
DOC DATE
YYYYMMDD
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION New Application [Renewal (Permit No. NCS000447)
a. Name of Public Entity Town of Landis
Seeking Permit Coverage
b. Ownership Status (federal, Local
state or local
c. Type of Public Entity (city, Town
town, county, prison, school,
etc.
d. Federal Standard Industrial SIC 91 — 97
Classification Code
e. County(s) Rowan
f. Jurisdictional Area (square 3.37
miles
g. Population Permanent 3,050
Seasonal (if available) VA
h. Ten-year Growth Rate 22.1%
i. Located on Indian Lands? Yes V( No
II. RPE / MS4 SYSTEM INFORMATION
1"fJ J 1
a. Storm Sewer Service Area
square miles
0.95
b. River Basin(s) Yadkin -Pee Dee River basin
c. Number of Primary Receiving
Streams
4
d. Estimated percentage of jurisdictional area containing the following four land use activities:
Residential 65%
Commercial 2091b
Industrial 5916
Op en Space 10%
Total = 100%
e. Are there significant water
quality issues listed in the
attached application report?
Yes No
III. EXISTING LOCAL WATER QUALITY PROGRAMS
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SWU-264-103102
NPDES RPE Stormwater Permit Application
a. Local Nutrient Sensitive Waters Strategy Yes 2 No
b. Local Water Supply Watershed Program Yes j No
c. Delegated Erosion and Sediment Control Program Yes No
d. CAMA Land Use Plan Yes No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
Complete this section only if co -permitting)
a. Do you intend to co -permit with Yes g NoapermittedPhaseIentity?
b. If so, provide the name and permit number of that entity:
Name of Phase I MS4 N/A
NPDES Permit Number N/A
c. Do you intend to co -permit Yes No
with another Phase II entity?
d. If so, provide the name(s) of
the entity: N/A
e. Have legal agreements been
finalized between the co- Yes No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
Z[ Yes No
b. If yes, identify each entity and the element they will be implementing
Name of Entity Rowan, County of
Element they will implement Sedimentation and Erosion control
Contact Person Becky Bost / Lloyd Pace
Contact Address 402 N. Main Street
Contact Telephone Number 704-216-8595
c. Are legal agreements in place
to establish responsibilities?
0 Yes No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority N/A
has been delegated
b. Title/position of person above N/A
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
VII. SIGNING OFFICIAL'S STATEMENT
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SWU-264-103102
NPDES RPE Stormwater Permit Application
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
W
Signature
1
Name Reed i_ nn
Title Town Administrator
Street Address 704 W. Blume st.
PO Box 8165
City Landis
State NC
Zip 28088
Telephone [phone]
Fax [phone]
E-Mail [e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a. Name of Contact
Person
Brady Burgess
b. Title Water/Sewer Supervisor
c. Street Address 704 W. Blume st.
d. PO Box 8165
e. City Landis
f. State NC
g. zip 28088
h. Telephone Number 704-857-0131
i. Fax Number 704-855-2290
j. E-Mail Address [e-mail]
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5WU-264-103102
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste N/A
Management Program
N/A
b. UIC program under SDWA
c. NPDES Wastewater Discharge N/A
Permit Number
d. Prevention of Significant N/A
Deterioration (PSD) Program
N/A
e. Non Attainment Program
f. National Emission Standards for N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the N/A
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
SWU-268).
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
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SWU-264-103102
NPDES RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
S. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
5WU-264-103102
TOWN OF LANDIS
NPDES MS4 STORMWATER DISCHARGE PERMIT
Permit No. NCS 000447
STORMWATER MANAGEMENT PROGRAM
Prepared by:
ACOM
AECOM Technical Services Inc.
6201 Fairview Road
Suite 400
Charlotte, North Carolina 28210
June 2008 (Revised December 2009)
TOWN OF LANDIS
LANDIS, NORTH CAROLINA
STORMWATER MANAGEMENT PROGRAM PLAN
TABLE OF CONTENTS
Section Page
1.0 STORM SEWER SYSTEM INFORMATION...............................................................I
1.1 Population Served....................................................................................................1
1.2 Growth Rate.............................................................................................................1
1.3 Jurisdictional and MS4 Service Areas.....................................................................1
1.4 MS4 Conveyance System........................................................................................1
1.5 Land Use Composition Estimates............................................................................1
1.6 Estimate Methodology.............................................................................................1
1.7 TMDL Identification................................................................................................I
2.0 RECEIVING STREAMS..................................................................................................2
3.0 EXISTING WATER QUALITY PROGRAMS..............................................................3
3.1 Local Programs........................................................................................................3
3.2 State Programs.........................................................................................................3
4.0 PERMITTING INFORMATION.....................................................................................4
4.1 Responsible Party Contact List................................................................................4
4.2 Organizational Chart................................................................................................9
4.3 Signing Official ...................
4.4 Duly Authorized Representative..............................................................................9
5.0 CO -PERMITTING INFORMATION...........................................................................10
6.0 RELIANCE ON OTHER GOVERNMENT ENTITY.................................................11
6.1 Name of Entity..................................................................................
6.2 Measure Implemented............................................................................................11
6.3 Contact Information.................. ....... •.................................................................... 11
6.4 Legal Agreements..................................................................................................I I
7.0 STORMWATER MANAGEMENT PROGRAM.........................................................12
7.1 Public Education and Outreach on Storm Water Impacts......................................12
7.1.1 BMP Summary Table ...................................... .............................12
7.1.2 Target Audience.........................................................................................12
7.1.3 Target Pollutant Sources............................................................................12
7.1.4 Outreach Program......................................................................................12
7.1.5 Decision Process.---••..................................................................................13
7.1.6 Evaluation..................................................................................................13
0
7.2 Public Involvement and Participation....................................................................13
7.2.1 BMP Summary Table.................................................................................13
7.2.2 Target Audience.........................................................................................13
7.2.3 Participation Program................................................................................13
7.2.4 Decision Process........................................................................................13
7.2.5 Evaluation..................................................................................................14
7.3 Illicit Discharge Detection and Elimination...........................................................14
7.3.1 BMP Summary Table.................................................................................14
7.3.2 Storm Sewer Map......................................................................................14
7.3.3 Regulatory Mechanism..............................................................................14
7.3.4 Enforcement...............................................................................................14
7.3.5 Detection and Elimination.........................................................................14
7.3.6 Non Stormwater Discharges...............................................................
7.3.7 Outreach.....................................................................................................16
7.3.8 Decision Process........................................................................................16
7.3.9 Evaluation........................................................ ..16
7.4 Construction Site Stormwater Runoff Control......................................................16
7.4.1 BMP SummaryTable.................................................................................16 7.
5 Post -Construction Storm Water Management in New Development and Redevelopment................................................................. ..............
16 7.
5.1 BMP Summary Table....................................................................... 16 7.
5.2 Non -Structural BMPs.................................................................................17 7.
5.3 Structural BMPs........................................................................................ 17 7.
5.4 Regulatory Mechanism..............................................................................17 7.
5.5 Operation and Maintenance.......................................................................17 7.
5.6 Decision Process........................................................................................17 7.
5.7 Evaluation..................................................................................................17 7.
6 Pollution Prevention/Good Housekeeping for Municipal Operations ...................18 7.
6.1 BMP Summary Table......................................................................•----.. 18 7.
6.2 Affected Operations...................................................................................19 7.
6.3 Training......................................................................................................19 7.
6.4 Maintenance and Inspections.....................................................................19 7.
6.5 Vehicular Operations.................................................................................19 7.
6.6 Waste Disposal...........................................................................................19 7.
6.7 Flood Management Projects.......................................................................19 7.
6.8 Existing Ordinances...................................................................................20 7.
6.9 Decision Process........................................................................................20 7.
6.10 Evaluation..................................................................................................20 I
Appendix
A Resolution
B BMP Summary Table
LIST OF APPENDICES
111
Stormwater Quality Management Program Plan (Stormwater Plan)
for
Town of Landis' NPDES MS4 Discharge Permit
1. Storm Sewer System Information
1.1 Population Served:
Penrnanent Population: 3,050
Seasonal: 3,050
Basis of Information: Town of Landis, 2007 Estimate
1.2 Growth Rate: 22.1 % The growth rate represents the annualized rate based
on the relative change in 1990 and 2000 US Census.
1.3 Jurisdictional and MS4 Service Areas: Municipal: 3.37 square miles
1.4 MS4 Conveyance System: The Town of Landis Stormwater System
consists of a combination of piping, ditches, and sheet flow. Per Town
Ordinance all new town streets constructed by private developers trust have
curb and gutter stormwater systems. The Town requires structural Best
Management Practices (BMPs) to restrict or slow stormwater runoff in
accordance with the Town's Stormwater Quality Management and Discharge
Control Ordinance. The system is maintained by the Town's Public Works
Department. The stormwater system for state maintained roads is managed
by the North Carolina Department of Transportation (NCDOT).
1.5 Land Use Composition Estimates:
Residential: 65 %
Commercial: 20 %
Industrial: 5 %
Open Space: 10 %
1.6 Estimate Methodology: The land use composition estimates were calculated
from the Town's Zoning Department. The open space estimate is composed
of City maintained parks and City cemeteries.
1.7 TMDL Identification: No
2. Receiving Streams
Table l .Yadkin — Pee Dee River Basin
Receiving Stream Water Quality Use Support Water Quality
Stream Name Segment Classification Rating Issues
Grants Creek 12-110 C PS Fecal Coliform
and Turbulence
Flat Rock 12-1 10-1-(1) WS-IV NA NA
Branch
Irish Buffalo 13-17-9-(2) C ST Sediment and
Creek Fecal Coliform
Cold Water 13-17-9-4-(1.5) C ST Sediment
Creek
NIA denotes that data was not available
0
3. Existing Water Quality Programs
3.1 Local Programs: NIA
3.2 State Programs: Erosion and Sediment Control
ft3
4. Permitting Information:
4.1 Responsible Party Contact List: See Appendix B for a list of each measurable goal sorted by measure. Contact information
for responsible parties is listed below.
BMP Contact Person Position Phone # Fax # Email Address
BMPs and Measurable Goals for Public Education and Outreach
Draft articles for semi-annual???
Newsletter
Brady Burgess Water & Sewer
Department
Manager
704-857-0131 704-855-2290 , bradvoa.townoflandis.com
2 Distribute stonnwater brochures
through Town Hall
Brady Burgess Water & Sewer
Department
Mana er
704-857-0131 704-855-2290 [e-mail]
3 Informational website liked to
Town web a e
Reed Linn Town
Administrator
704-857-241 1 704-855-3350 [e-mail]
4 Establish Reporting Hotline Reed Linn Town
Administrator
704-857-241 1 704-855-3350 drlinnntownoflandis.com
5 Statewide Program for Education Steve Rowland Director of Public
Works
704-857-0131 704-855-2290 wsraa,townoflandis.com
6 Coordinate with other in-house
communication tools
Brady Burgess Water & Sewer
Department
Mana er
704-857-0131 704-855-2290 bradyntownoflandis.com
BMPs and Measurable Goals for Public Involvement and Participation
1 I Hold Public Hearing for
Stormwater Ordinance
Reed Linn TownIAdministrator
704-857-2411 704-855-3350 drlinnetownoflandis.com
BMPs and Measurable Goals for Illicit Discharge and Elimination
1 Develop ordinance regarding
illicit connections.
Brady Burgess Water & Sewer
Department
Manager
704-857-0131 704-855-2290 brady a townotlandis.com
2 Adopt ordinance regarding illicit
connections.
Reed Linn Town
Administrator
704-857-241 1 704-855-3350 [e-mail]
4
BMP Contact Person Position Phone # Fax # Email•Address
3 Develop and distribute fact Brady Burgess Water & Sewer 704-857-0131 704-855-2290 brady(_townoflandis.com
sheets for public education Department
program on illicit connections Manager
ands ill management.
4 Train employees on how to Brady Burgess Water & Sewer 704-857-0131 704-855-2290 [e-mail]
inspect for illicit connections Department
and establish a tracking system Manager
for managing reported problem
areas.
5 Utilize local hotline set up Brady Burgess Water & Sewer 704-857-0131 704-855-2290 brady a,townoflandis.com
under Public Involvement Department
Program for public reporting of Manager
illicit connections.
6 Coordinate with local Brady Burgess Water & Sewer 704-857-0131 704-855-2290 [e-mail]
wastewater program on Department
identification of potential cross Manager
connections between sanitary
sewer and storm sewers.
7 Identify responsible party Steve Rowland Director of 704-857-0131 704-855-2290 wsratownoflandis.com
within organization to manage Public Works
follow-up and enforcement
actions.
BMPs and Measurable Goals for Construction Site Stormwater Runoff Control
1 Rely on existing measures Becky Bost Rowan County 704-216-8595 704-638-3130 Becky. Bostrowancount nc.gov Lloyd.
Pace [e-mail] implementedthroughLloydPaceErosionControl704-216-8598 NCDENR
Land Quality Enforcement Section.
Officers 5
BMP I Contact Person I Position Phone # I Fax # I Email Address
BMPs and Measurable Goals for Post Construction Stormwater Management in New Development and Redevelopment
I Develop ordinance for Brady Burgess Water & Sewer 704-857-0131 704-855-2290 bradyOwtownoflandis.com
development and redevelopment Department
of properties meeting the Manager
minimum criteria established by
NCDENR.
2 Establish regulatory controls for Brady Burgess Water & Sewer 704-857-0131 704-855-2290 bradvn.townoflandis.com
ensuring long-term maintenance Department
of on -site structures. Manager
BMPs and Measurable Goals for Pollution Prevention/Good Housekeeping for Municipal O eratioos
1 Develop training materials on Brady Burgess Water & Sewer 704-857-0131 704-855-2290 brady a, townoflandis.com
pollution prevention for public Department
facilities, using existing materials Manager
gathered from other organizations
or creating new tools as needed.
Educate all employees annually
on the need for controls to protect
stormwater from exposure to
potential pollutants.
2 Provide training for those Steve Rowland Director of Public 704-857-0131 804-855-2290 wsrotownoflandis.com
employees that maintain the Works
drainage system with the focus on
disposal of floatables, grit,
sediment, and other pollutants
removed from the s ystern.
BMP Contact Pee -son Position Phone # Fax # Email Address
3 Provide training to employees that Steve Rowland Director of 704-857-0131 704-855-2290 wsrOtownoilandis.com
manage and apply chemicals for Public Works
control of dust, pests, vermin, and
weeds and/or are used to enhance
the growth or condition of public
landscape and recreation facilities.
Training will target the safe and
effective application, storage and
disposal of chemicals used.
4 Annually inspect vehicle washing Brady Burgess Water & Sewer 704-857-0131 704-855-2290 bradyna..townollandis.com
and fueling operations to ensure Department
that they are in good working Manager
order and that they minimize
exposure of stormwater to
chemicals. fuels. and other liquids.
5 Inspect all materials storage Brady Burgess Water & Sewer 704-857-0131 704-855-2290 [e-mail]
facilities to determine priority for Department
reducing exposure to stormwater. Manager
6 Inspect salt storage facility and Brady Burgess Water & Sewer 704-857-0131 704-855-2290 bradyntownoFlandis.com
application equipment annually to Department
identify and eliminate exposure to Manager
stormwater and/or
ineffective/inappropriate
application. Evaluate current
snow and ice management
prograrn and ensure that effective
treasures are in place to minimize
contamination of stormwater.
7
BMP Contact Person Position Phone # Fax # Email Address
7 Develop standard operating Brady Burgess Water & Sewer 704-857-0131 704-855-2290 bradv@.towiioflandis.com
procedures for various facilities Department
and/or operations such as street Manager
sweeping activities and parking
lot maintenance activities to
ensure that the greatest reduction
of pollutant loading to
stormwater that can be achieved.
8 Evaluate your procedures for Brady Burgess Water & Sewer 704-857-0131 704-855-2290 brad v a,townoflandis.com
managing trash and garbage Department
collection to ensure that exposure Manager
of contaminant materials is
minimized.
9 Evaluate spill response program Brady Burgess Water & Sewer 704-857-0131 704-855-2290 [e-mail]
for in-house activities as well as Department
community response and adjust Manager
as needed to ensure highest
potential for minimizing impacts
to stormwatcr.
10 Maintain inventory of hazardous Brady Burgess Water & Sewer 704-857-0131 704-855-2290 [e-mail]
chemicals and other potentially Department
hazardous materials and ensure Manager
that limited but sufficient
quantity of items are on hand to
minimize risk of spill or
contamination of stormwater.
8
4.2 Organizational Chart:
Town of Landis
Stormwater Services
Board of Alderman
Town Administrator
Director of Public Works
Water & Sewer
Department
Manager
Stormwater
Services
Manager
4.3 Signing Official:
Authorized Representative: "Town Administrator
Name: Douglas R. Linn
The Town Administrator is designated by resolution adopted by the Board of'
Alderman as the signing official.
4.4 Duly Authorized Representative
4.4.1 Resolution designating the Town Administrator as the responsible party is
attached in Appendix A.
9
6. Reliance on other government entity
6.1 Name of Entity: Rowan County Planning & Development
6.2 Measure Implemented: Construction Site Stormwater Runoff Controls and
Erosion Control Approval and Inspections
6.3 Contact Information:
Name: Becky Bost or Lloyd Pace, Erosion Control Enforcement Officers
Address: Rowan County Planning & Development
Erosion Control Enforcement
402 N Main Street
Room 204
Salisbury, NC 28144-4341
Phone Number: 704-216-8595 or 704-216-8598
6.4 Legal Agreements: Yes, the Sediment Pollution Control Act of 1973 (SPCA)
7.0 Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
7.1.1 BMP Summary Table: See Appendix B for the details on the
following BMPs:
Draft articles for semi-annual newsletters.
Distribute stormwater brochures through Town hall.
Informational website linked to Town web page.
Establish reporting hotline.
Statewide program for education.
Coordinate with other in-house communication tools.
7.1.2 Target Audience: The target audience for this measure will be
households, businesses, and industries. Efforts will be made to
target materials to school age children, the general public, and
Town employees. Materials will also be created to focus on
different types of uses, such as residential, commercial, and
industrial.
7.1.3 Target Pollutant Sources:
Trash: An accumulation of trash and debris can clog storm sewer
pipes, creating hazards for vehicles, pedestrians, and homes.
Sediment: Sediment removal reduces sedimentation of waterways
and improves water quality for aquatic life, recreational uses, and
drinking water supplies.
Car Washing: Car washing can introduce pollutants into the storm
sewer system and is normally done under conditions where the
runoff is not diluted.
Disposal of Household Chemicals and Used Oil: Improper
disposal of chemicals and oil degrades waterways and water
quality.
Applicalion of Lawn Care Producls: Overuse and improper
application of lawn products poses risks to the natural
environment, as well as people and animals.
Fecal Colifr rm: Point and non -point pollution sources can
increase levels of fecal coliform in a waterway.
7JA Outreach Program: The Town of Landis' approach for the
outreach program will use different methods to distribute
information and inform the public. Initially, outreach efforts will
12
focus on mailers, flyers, and brochures to make the public aware of
the stormwater program. Outreach efforts will also include
updates to the Town's website that will include general stormwater
information and email links to report violations. In addition to the
web -based information a hotline will also be established for the
public to contact "Town staff.
7.1.5 Decision Process: The overall purpose of the Town of Landis
stormwater program is to provide a solid foundation of information
for the public over the next five years. The Town has not had a
comprehensive stormwater program and these BMPs represent the
initial steps in starting a program. Due to the extensiveness of the
changes that are required, the Town is not prepared to deal with all
aspects of stormwater management -simultaneously. However, the
approach outlined in this program represents progressive steps
designed to build on each other. It also allows for an evaluation of
the BMPs effectiveness and the ability to make adjustments as
needed. This approach will also accommodate any future revisions
to the final stormwater rules that will be adopted by the State.
7.1.6 Evaluation: The effectiveness of this measure will be evaluated
on an annual basis through a review of the number of materials
developed and distributed. Additionally, the number of contacts
through the hotline and email will be tracked to document the
impact that the materials are having on the public.
7.2 Public Involvement and Participation
7.2.1 BMP Summary Table: See Appendix B for the details on the
following BMPs.
Hold public hearing for town's Stormwater Quality
Management and Discharge Control Ordinance.
7.2.2 Target Audience: The target audience will be the general public.
7.2.3 Participation Program: A public hearing was held by the
Town's Board of Alderman allowing the general public to
comment on the Town's Stormwater Quality Management and
Discharge Control Ordinance. Public hearing notices were drafted
by Town Staff and distributed throughout the Town.
7.2.4 Decision Process: The public hearing process was chosen because
it gives any interested party an opportunity to comment on
proposed regulations. A public hearing also ensures that the
13
elected officials have an opportunity to hear comments directly
from the public.
7.2.5 Evaluation: The effectiveness will be evaluated holding a public
hearing in compliance with State and Local requirements.
7.3 Illicit Discharge Detection and Elimination
7.3.1 BMP Summary Table: See Appendix B for the details on the
following BMPs.
Develop ordinance regarding illicit connections.
Adopt ordinance regarding illicit connections.
Develop and distribute fact sheets for public education program
on illicit connections and spill management.
Train employees on how to inspect for illicit connections and
establish a tracking system for managing reported problem
areas.
Utilize local hotline set up under Public Involvement Program
for public reporting of illicit connections.
Coordinate with Town's wastewater program on identification
of potential cross connections between sanitary sewer and
storm sewers.
Identify responsible party within organization to manager
follow up and enforcement actions.
7.3.2 Storm Sewer System Map: The Town will develop a survey of
the Town's storm sewer system which will identify storm sewer
outfalls and receiving waters. All maps will be available through
the Town of Landis Public Works Department for review and
comment.
7.3.3 Regulatory Mechanism: The Town will develop and adopt
ordinances for defining and correcting illicit connections and
discharges to the storm sewer system. Town staff will also
develop procedures to identify problem areas and trace it to the
source.
7.3.4 Enforcement: The Code of Ordinances will be amended to allow
for enforcement actions to be initiated for stormwater violations.
At a minimum, the methodology will involve notification of the
property owner, establishing a remediation period, and issuance of
lines as needed.
7.3.5 Detection and Elimination: The Town's proposed approach to
detect and eliminate illicit discharges will start with a general
14
evaluation of the storm sewer system. The evaluations will
primarily be conducted during prolonged dry periods during the
summer months. Once the preliminary evaluation is complete a
more detailed investigation of the storm sewer system will be
conducted. Once discharges are detected, enforcement actions will
be taken.
7.3.5.1 Procedures for locating priority areas: The Town will
use several different methods to identify illicit connections.
First, dry weather evaluations of storm sewer outfalls will
be conducted to identify problem areas. Second, on -site
inspections of industries and businesses will be conducted
on an as -needed basis. Third, the general public will be
provided with reporting mechanisms to notify Town staff
of illicit connections. The Town will also train employees
to identify illicit connections and report possible violations
to appropriate staff members. Additional detection
methods will be evaluated during the permit cycle and
changes will be made as needed.
7.3.5.2 Procedures for removing the source of the illicit
discharge: The Town will adopt an ordinance specifying
the procedures and authority to eliminate an illicit
connection or discharge. The ordinance will give Town
employees the right to perform on -site inspections, grant
right -of -entry powers, outline corrective actions, and
specify procedures for issuing fines and citations.
7.3.5.3 Procedures for evaluation of illicit connection and
discharge component: A stormwater advisory group
composed of designated Town employees will evaluate the
program on an annual basis. The group will evaluate the
suggested BMPs for that year and determine whether they
were met. If the goals of the suggested BMPs are not
fulfilled the group will decide whether to devise a new
strategy for the BMP, modify the implementation method,
or extend the time frame for the strategy.
7.3.6 Non Stormwater Discharges:
Water line flushing: Allowable
Landscape irrigation: Allowable
Uncontaminated groundwater infiltration: Allowable
Uncontaminated pumped groundwater: Allowable
Discharge from potable water sources: Allowable
Foundation drains: Allowable -
15
Air conditioning condensate: Allowable
Irrigation water. Allowable
Springs: Allowable
Lawn watering: Allowable
De -chlorinated swimming pool discharge: Allowable
Street wash water: Allowable
Flows from emergency fire and rescue operations other than those
resulting from negligence on the part of the person who owned or
controlled the pollutant: Allowable
7.3.7 Outreach: TheTown will inform the public about the hazards of illicit
connections and illegal dumping through the methods discussed
in the Public Education component. As for Town employees,
this information will be integrated into training programs.
7.
3.8 Decision Process: The program approach for illicit discharge detection
and elimination was developed by reviewing technical documents
from NCDENR and USEPA. It was determined that inspectors
would need to be coordinated with other Town departments.
From these inspections corrective measures would be
initiated and followed up by designated staff members. It was determined
that outreach activities should be combined with the public
education program. 7.
3.4 Evaluation: The success of the program will be evaluated on meeting
the proposed deadlines and finding and correcting illicit discharges
into the storm sewer system. The measurable goals for each
BMP are listed in the BMP Summary Table. 7.
4 Construction Site Stormwater Runoff Control 7.
4.1 BMP Summary Table: See Appendix B for the details on the following
BMI's. Rely
on existing measures implemented through NCDENR Land
Quality Section. 7.
5 Post -Construction Storm Water Management in New Development and
Redevelopment 7.
5.1 BMP Summary Table: See Appendix B for the details on the following
BMPs. iL
Develop ordinance for development and redevelopment of
properties meeting the minimum criteria established by
NCDENR.
Establish regulatory mechanism for ensuring long-term
maintenance of on -site structures.
7.5.2 Non -Structural BMPs: The following non-structural BMPs have
been adopted by the 'fown's Board of Alderman.
Torun of Landis Subdivision Ordinance allows for the
development of subdivided property located in a Water Supply
Watershed designated by the North Carolina Environmental
Management Commission and as depicted on the Town of
Landis' Official Zoning Map.
7.5.3 Structural BMPs: Town staff members will perform technical
reviews and compile a list of post -construction controls for the
Town's Board of Alderman adoption. Strategies will also be
developed for long-term inspection of these controls.
7.5.4 Regulatory Mechanism: The mechanism the Town will use to
develop post -construction run-off controls will primarily be based
on internal technical reviews and consultations with other
municipalities.
7.5.5 Operation and Maintenance: All long-term maintenance
activities will be the responsibility of the property owner or a
homeowner's association. Town staff members will be responsible
for receiving annual maintenance inspection reports from a
qualified professional. The Town will establish a reporting,
notification, and enforcement mechanism for corrective action in
its ordinances.
7.5.6 Decision Process: To meet this requirement Town staff reviewed
current Town Ordinances and determined that revisions were
needed to ensure that non-structural and structural BMPs would
meet or exceed State requirements.
7.5.7 Evaluation: All of the measurable goals require the development
and adoption of Town ordinances. Once these revisions have been
completed each measure will be evaluated for its effectiveness on
an annual basis. Included in this evaluation will be an internal
review of record keeping for post -construction controls by the
Water and Sewer Department Manager.
17
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1 BMP Summary Table: See Appendix B for the details on the
following BMPs.
Develop training materials on pollution prevention for public
facilities, using existing materials gathered from other
organizations or creating new tools as needed. Educate
employees on the need for controls to protect stormwater from
exposure to potential pollutants.
Provide training for those employees that maintain the drainage
system with a focus on disposal on floatables, grit, sediment,
and other pollutants removed from the system.
Provide training to employees that manage and apply
chemicals for control of dust, pests, vermin, and weeds and/or
are used to enhance the growth of condition of public
landscape and recreation facilities. Training will target the sale
and effective application, storage and disposal of chemicals
used.
Annually inspect vehicle washing and fueling operations to
ensure that they are in good working order and that they
minimize exposure of stormwater to chemicals, fuels, and other
liquids.
Inspect all materials storage facilities to determine priority for
reducing exposure to stormwater.
Inspect salt storage facility and application equipment annually
to identify and eliminate exposure to stormwater and/or
ineffective/inappropriate application. Evaluate current snow
and ice management program and ensure that effective
measures are in place to minimize contamination of
stormwater.
Develop standard operating procedures for various facilities
and/or operations such as street sweeping activities and parking
lot maintenance activities to ensure that the greatest reduction
of pollutant loading to stormwater that can be achieved.
Evaluate your procedures for managing trash and garbage
collection to ensure that exposure of contaminant materials is
minimized.
Evaluate spill response program for un-house activities as well
as community response and adjust as needed to ensure highest
potential for minimizing impacts on stormwater.
Maintain inventory of hazardous chemicals and other
potentially hazardous inaterials and ensure that limited but
sufficient quantity of items are on hand to minimize risk of
spill or contamination of stormwater.
18
7.6.2 Affected Operations: Town staff reviewed the operations listed
below and determined that the Public Works facility required an
individual permit.
Public Works Facility
Parks and Cemeteries Maintenance
Drainage System Maintenance
Curb Cleaning Activities
Wastewater Treatment Plant
Parking Lot Maintenance
Grounds Maintenance and Chemical Application
7.6.2.1 Individual NPDES Permitted Operations:
Public Works Facility (Permit NCG080695)
7.6.3 Training: Town employee education will be done by holding
training sessions for various Town Departments. Particular
emphasis will be placed the Public Works Department and target
parking lot maintenance, cleaning curbs and catch basins, chemical
application, mowing and clearing activities, and automotive fluid
and chemical disposal. Handouts and posters will also be
developed to inform other Town Departments about the
stormwater program, how to report violations, and good
housekeeping measures for municipal operations.
7.6.4 Maintenance and Inspections: The Public Works Department
provides cleaning of the curb and gutter and catch basins for all
Town -maintained streets. The curb and gutters and catch basins
are cleaned on a bi-weekly basis. The town also maintains town
parking lots on an as needed basis. The Town currently does not
have a drainage system inspection program, but does clean storm
sewer pipes, lines, and ditches on an as needed basis. The Town
will implement an inspection program as part of the illicit
discharge and detection program.
7.6.5 Vehicular Operations: Town maintenance vehicles are utilized
throughout the town to perform construction and maintenance
activities. The vehicles are stored and maintained at the Public
Works Facility.
7.6.6 Waste Disposal: All waste collected from the storm sewer system
is deposited in the Rowan County Landfill.
7.6.7 Flood Management Projects: Flood Management Projects will
be evaluated for water quality impacts once the Stormwater
E
Quality Management and Discharge Control Ordinance is adopted
and post -construction BMPs are implemented.
7.6.8 Existing Ordinances: Town Staff members identified the
following ordinances that impact water quality.
7.6.9 Decision Process: The pollution prevention plan was developed
by reviewing existing policies and ordinances that impact water
quality. The deficiencies in these policies were noted and
incorporate into the BMPs. Important factors considered were the
importances of employee training, implementing new BMPs, and
documenting current practices that impact water quality.
7.6.10 Evaluation: The measurable goals are to increase the awareness
of water quality among all employees and to introduce new BMPs
into everyday work activities. The measurable goals will be
evaluated through documenting of daily activities and closer
monitoring and reporting of chemicals that are used on a daily
basis.
001
Page 2528
July 15, 2008
At 7:00 P.M., on Tuesday, July 151h, 2008, in the Board Room of the Landis Municipal Building, Mayor
Dennis Brown called to order the Town of Landis Board of Aldermen regular meeting. Those present
along with the Mayor were Aldermen Tony Hilton, Roger Safrit, Craig Sloop and James Furr, Town
Administrator Reed Linn, Public Works Director Steve Rowland, Deputy Town Administrator Debbie
Goodman, 'Town Attorney Rick Locklear and Administrative Assistant Heather Wood.
A quorurn was met.
Mayor Dennis Brown welcomed all those in attendance.
The invocation was led by Reverend Bill Coughlin of Landis First Assembly.
The pledge of allegiance was led by Mayor Brown.
There was then discussion of the agenda, with Administrator Linn informing the Board of several additions
that needed to be included.
12A Sewer Plant Clean-up
16A Documentation regarding the Equalized Payment Plan
Alderman Furr motioned, seconded by Alderman Safrit, to adopt the agenda as amended. All voted aye.
Mayor Brown then spoke of the loss of H.F. Jones, the Town's former Police Chief, and asked for a moment
of silence.
Mayor Brown then recognized David Barlow, who had recently been awarded the Order of the Long Leaf
Pine, the State's most prestigious civilian award presented by the Governor. He congratulated Mr. Barlow
on behalf of the Board and the citizens of Landis, and stated that they were proud of him and glad to have
him as a citizen of Landis.
Aldennan Sloop motioned, seconded by Alderman Safrit, to adopt the minutes from the May I st, 2008
Special Called Meeting, the May 7th, 2008 Recessed Special Meeting, the May l 3th, 2008 Recessed
Special Meeting, the May l9th, 2008 Recessed Special Meeting, the May 29th, 2008 Recessed Special
Meeting, the May 31st, 2008 Recessed Special Meeting, the .Tune 2nd, 2008 Regular Meeting and the
June 16th, 2008 Special Called Meeting with the noted changes. All voted aye.
Mayor Brown then opened the public hearing regarding the proposed Stormwater Quality Management and
Discharge Control Ordinance.
There were no citizens' comments regarding the proposed ordinance.
Mayor Brown closed the public hearing.
Aldcnnan Furr motioned, seconded by Alderman Hilton, to adopt the Stormwater Quality Management and
Discharge Control Ordinance as presented, to go into effect August 1", 2008. All voted aye.
Chief Vance Johnson of Wadesboro, along with Officer Roger Hosey of the Landis Police Department, then
gave a presentation to the Board about the K-9 Interdiction Program. The program would be complimentary
with the Town's existing laws, and Chief Johnson felt the Town was in a good position to take advantage of
Page 2529
the program. There is a grant available through Milk Bone and Food Lion called the K-9 Heroes Grant.
Salisbury had received a similar grant. Officer Hosey stated that they were in the process of applying, but
had not moved forward, awaiting a decision from the Board. It is not a matching grant, there would be no
money required from the "Town if they grant was awarded. If the Board approved the program, Officer
Hosey would be the K-9 handler. The Kannapolis Police Department has an officer that could train both
Officer Hosey and the K-9, and they would train with the Kannapolis PD.
Another program that the Landis PD had enrolled in was the NC Drug Tax. The PD would simply have to
fill out a form and anyone that had drugs seized would be civilly liable to pay a tax on them. 75% would go
to the Town. They would have seven years to pay and it would be handled the same way as other taxes.
Another program the Town could participate in was the Federal Asset Seizure program. If someone was
caught with money that was associated with drug trafficking, it would allow the PD to seize the money.
There is currently no state law that allows for such seizures, so they would have to go through the Federal
government. The Town would get 80%. It also applies to modified vehicles, with the Town getting back a
share of the price the vehicle sold for.
Officer Hosey stated that the Landis PD would also like to establish a "Tax Force Agreement" with China
Grove to allow the two police departments to work more closely together.
It was the Landis PD's desire to be more pro -active. Officer Hosey also clarified that any seized funds
would have to be used for law enforcement purposes.
S In summation, the Landis PD was asking for permission to apply for the grant that would allow them to
acquire a K-9 and for a Task Force resolution.
Alderman Hilton stated that he did not want officers patrolling Interstate 85 and he did not want Landis
getting a police dog. He commented that there were cases with people having legal money seized and having
to fight to get it back. lie wanted the Town to be policed by Landis police, not China Grove or Salisbury or
Kannapolis.
Alderman Purr stated that he had issues with stopping people for doing 2 miles over the speed limit or
crossing the white line. He also had concerns about officers outside of the proper city limits. If Landis had
an exit on the interstate he would feel a need for the program. He also felt that Landis would be supporting
the cost of the dog, but if they were making joint busts with China Grove; would China Grove not share in
the proceeds. Officer Hosey pointed out that without the help of China Grove only one mile of 1-85 was in
the Town's jurisdiction. Alderman Hilton pointed out that the mile of interstate was not inside city limits
though.
Officer Hosey stated that he was impressed with the program and he felt it was an opportunity for the PD to
make money for needed equipment.
Alderman Hilton commented that the money seized is not always drug money and that it was a nationwide
problem. Officer Hosey stated that the dog will alert to drugs, and that is how they will know the money is
drug money.
e
Chief Johnson explained that an experiment had been conducted on money that had come from a bank and
money that had been seized during a drug bust and that the animals always alerted on the seized money, not
money from the bank.
lie went on to speak of his experience and success with the program and that he felt it was a good program,
though he could not speak to Landis' situation, only his own experience.
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Page 2530
Chief Johnson also stated that the Federal Government requires a "nexus" on money that is seized, in other
words it must be tied back to drugs. He stated that he personally had seen money returned to the owner
where they could not tie it to a "nexus". lie agreed that if things were handled improperly that it does allow
for money to be taken wrongfully.
He also clarified, in response to the concern of Alderman Furr, that dogs are not trained for one person only.
They can be transferred if necessary. It is not recommended to do it four or five times, but it can be done.
Alderman Hilton stated that he had looked over the proposal and did not see any reason why the Landis ID
should be patrolling on 1-85.
Alderman Safrit stated that he felt it was a good program and that he felt Landis should work with China
i Grove more often. Alderman Furr commented that he had no problem working with China Grove, but he
wanted to see costs shared. Mayor Brown replied if they were thinking of the cost of the dog, that seized
money could pay for the upkeep of the animal and that a "good dog can pay his way". Officer Hoscy stated
that the dog would be property of the Town of Landis, and that he was certain China Grove would not have
an issue paying for their half of the upkeep of the dog.
Alderman Hilton stated that things are "never as cheap as they say or profit as much as they say" and that he
had an issue with "hunting money". He questioned when law enforcement ends and hunting money begins.
He went on to say that if 1-85 ran through Landis he might feel differently, but it does not.
Alderman Sloop stated that it wasn't that they felt that drugs were not a bad problem; there was simply no
money in the budget for the program. If the PD could get the grant money to obtain a K-9, he had no
problem with that. He also had no issue with working with China Grove, but he also felt they should be
asked to provide half of the upkeep payment for the dog. He commented that this was an "opportunity".
Alderman Furr stated that his concern was not the monetary amount, but the principle: the Town would fund
the program, but China Grove would share in the benefit. Officer Hosey reminded the Board that the upkeep
of the animal would be the only cost that would come out of the budget; the rest would be covered by the
grant.
i
Alderman Hilton concurred that his issue was not with the dog, it was the presence of Landis Police Officers
on Interstate 85. Officer Hosey pointed out that the Town does have a problem with drugs that are coming
from 1-85. Aldennan Hilton countered that they had citizens complaining that there was not enough of a
police presence in Town already.
Officer Hosey stated that he only needed approval for the concept and that he had no problem coming in on
his own time to show how beneficial doing the program could be because he felt it could make a difference.
Alderman Purr stated that he fclt Officer Hosey had put together an excellent presentation and that it was an
excellent program, however he felt it was "five years too early' and if the Town already had an interstate
interchange in its limits, he felt the Board would probably give permission to continue.
Alderman Sloop asked about a timeframe on the K-9 grant. Officer Hosey explained that it was open-ended
and would be about a 3-6 month process once the Town applied. There were no set schedules or dates for
application.
Alderman Purr motioned, seconded by Alderman Sloop, to table the matter of the K-9 Interdiction Program
and the Federal Asset Seizure Program until a later, unspecified, date. All voted aye.
The next order of business concerned pole attachment agreements. Administrator Linn had provided
agreements from two firms: McGavran Engineering and Southeastern Consulting. He explained this
n
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L,A
Page 2531
situation had come about because the Board had motioned to have McGavran Engineering handle the pole
attachment work and that they should forward a contract. They began the work without a signed contract.
McGavran had also been told that the Town should not be billed until after July 151, 2008 but they had sent
bills prior to that date, and still with no signed contract. Administrator Linn had also instructed Director
Rowland to get other prices and investigate and use as a comparison. Both agreements had been forwarded
to the Town's attorney, Rick Locklear.
Mr. Locklear stated that he had accompanied Director Rowland and Administrator Linn to Electricities and
one of the issues that had been discussed was that of pole attachments. He had a few concerns on the matter
and went over them with the Hoard.
It was his suggestion/recommendation to get several quotes to compare and that he had looked at the two
existing quotes and had several questions. lie had looked back at the minutes to see what the original
price/cost discussed had been and that it was "not enlightening". It was however his understanding that the
basic sum was around $30,000.00 and that it would be a "flat fee". One of the agreements reflected a flat
fee, the other did not.
Alderman Hilton inquired "comparing apples to apples" which agreement should the Town consider.
Mr. Locklear explained that looking at the Southeastern agreement, they would not provide GPS. However,
when you consider the price difference, is GPS worth it to the Town? Also, were the labels that Southeastern
would be providing the same as GPS? Southeastern was proposing what looked like a lump sum of
22,000.00.
He went on to state that neither agreement makes a guarantee that the Town will see additional revenue. The
people at Electricities had seemed to think the Town would see additional income. He also inquired if they
would be able to get more money if they went with one firm over the other, or if it would be the same.
With McGavran it seemed to be a standard agreement, and Mr. Locklear stated that Electricities was familiar
with that firm. However, Mr. Locklear went on to say that it has been his understanding that the $30,000.00
with McGavran was supposed to be a lump sum, but looking at the contract there were other fees involved,
including $5.00 per pole. With that fee alone, there would be an additional $20,000.00 in costs on top of the
30,000.00.
Alderman Hilton stated that it was unclear in the McGavran contract if the $5.00 per pole was included in the
30,000.00 cost. Mr. Locklear agreed that was a point that needed to be clarified. Alderman Hilton
commented that the Southeastern agreement also left a lot of questions unanswered as well and that he felt
they needed to get "complete apples" from both before making a decision.
Director Rowland stated that his main concern was in the first week of work, McGavran had only completed
182 poles (ofabout 4,000) and they had billed the Town $5,000.00. Mayor Brown commented that it looked
like the Town was being billed for the engineer costs, which had not been agreed upon. Alderman Furr
stated that he was troubled because there had been a discussion that the cost of the work was not to exceed
30,000.00. It was Mr. Locklear's recommendation to go back and re-examine both agreements.
Alderman Hilton stated that GPS was "vitally important". Alderman Sloop commented that Mike Acquesta
had stated that they could merge the systems if GPS was installed. Alderman Hilton felt that if the Town
was going to spend the money, they should do it right.
It was the Board's decision that Administrator Linn and Director Rowland should go back and get more in
depth information from both firms. Alderman Furr stated that his biggest problem with the McGavran
contract was that Ted McGavran had personally been at the meeting and had heard the Board's instructions
i
Page 2532
i on how his firm should proceed. The Board gave further instruction to attempt to get three separate bids, and
to also inquire with Southeastern about the inclusion of GPS.
The matter was tabled until further information was gathered.
The next tropic of discussion was the proposed reworking of the Town's Noise Ordinance. Officer Hosey
addressed the Board. The ordinance being proposed was a slightly modified version of the ones being used
in China Grove and Salisbury and the PD felt that the current noise ordinance for the Town was
antiquated". The new ordinance would allow officers to use a "threshold" for noise —for example, if the
noise was audible at a distance of more than fifty feet. The current ordinance is only enforceable after
11:OOpm. This new ordinance would be a way to address the issue of noise at any time of the day or night.
i It would also include more than loud music in vehicles, it would encompass other things such as squalling
tires, exhaust, etc. Officer Hosey had spoken with Mr. Locklear and another change they would like to make
to the existing ordinance would be to make citations civil instead of criminal. Money collected under civil
charges comes straight to the Town. The alarm ordinance that the Town had just passed was also civil.
There would then be no court cost involved for those given citations. If the citizen does not pay, it would
then involve a summons and a court date would be set. This would simply give the citizen a chance to save
i money and a way for the Town to gain money instead of it going to the county (which is the case with
criminal citations).
Alderman Furr commented that Officer Hosey had "hit a home run" on this one.
Alderman Hilton commented that he was troubled by the lack of an "empirical standard" in the ordinance.
That in court it would come down to the officer's word against the citizen's. Officer Hosey replied that he
had written and convicted at least 50 citations based on the same standards, with some involving trials.
Alderman Furr motioned, seconded by Alderman Sloop, to call for a public hearing on Monday, August 41",
2008 at 7:00pm to discuss the proposed Ordinance Regarding Unreasonable Noise. All voted aye.
The Board then heard a request regarding setting a speed limit of 25MPH within the Irish Creek Subdivision.
Administrator Linn stated that the developers felt with narrow, curvy streets it would make the subdivision
safer and more "pedestrian friendly". The Police Department had no issues with the request.
Alderman Hilton motioned, seconded by Alderman Safrit, to set the speed limit at 25MPH for all streets that
lie within the Town of Landis limits inside of the Irish Creek Subdivision. All voted aye.
The next order of business was a request from Colin Patterson to clean up the Town's old sewer plant. The
area had grown up considerably and he wanted to fence the area in and place goats within the fence. He was
offering to pay for all materials and upkeep and it would not cost the Town any money.
Alderman Hilton felt it was a wonderful idea. Mr. Patterson was even willing to do partial demo to the
existing building to turn it into a suitable shelter for the goats.
Rick Locklear stated he would feel better having a "hold harmless agreement" drawn up between Mr.
i Patterson and the Town before anything took place. The Board granted Administrator Linn permission to
move forward.
The Board then considered calling for a public hearing for property recently voluntarily annexed into the
Town's limits on North Chapel Street (better identified as tax map: 109, parcel: 138 and a portion of 51).
The Planning Board was recommending an initial zoning of R-6 (General Residential). The property abuts a
S parcel that is already zoned R-6.
i
Page 2533
Alderman Sloop motioned, seconded by Alderman Safrit, to call for a public hearing on Monday, August 4 h,
2008 at 7:OOPM to discuss the proposed initial zoning for property recently voluntarily annexed into the
Town's limits. All voted aye.
The Board then received two requests for re -zoning, and they would also need to call for public hearings for
both requests.
One parcel was located at 407 E. Taylor Street (better identified as tax map: 109, parcel: 51 (lot 12)). The
owner was seeking to rezone the property from R-8 (Single Family Residential) to R-6 (General Residential).
The properties across the street and to the east of the parcel are already zoned R-6.
r
The second request was located on the north side of Kimball Road, directly behind Food Lion (better
S identified as tax map: 123B, parcel: 115). It is the same piece of property that had requested a change from
R-8 to B-3 last year and had been denied by the Board. At that time, the Board's concern had been to keep
that particular area residential. The owner was now seeking a re -zoning to an R-6 classification, which
would allow for duplexes and multi -family homes. There are already apartments located up the street from
the parcel.
Alderman Hilton motioned, seconded by Alderman Sloop, to call for a public hearing on Monday, August
4`h, 2008 at 7:OOPM to discuss the two re -zoning requests for certain properties. All voted aye.
The Board then discussed the matter of a new lease with the county for the rental of the EMS bay in the
Town. Administrator Linn stated that he had not received further comment from the county, but if it pleased
the Board he would forward a copy of the lease to the county that the Board had been presented with. The
new lease reflected $150.00 for rent and $450.00 for utilities. Mayor Brown pointed out that the Town had
been "covering" all utilities since the EMS bay was established at Fire Station #1. Alderman Furr
S commented the rent was the same as before, they were just asking them to pay utilities now as well.
S Alderman Hilton confirmed he had told the county the same thing.
Alderman Sloop motioned, seconded by Alderman Safrit, to approve the new lease as submitted. All voted
aye.
The next order was a request from Centralina Council of Government to pass a resolution to
Adopt/Endorse/Support the CONNECT Regional Vision and Action Agenda. Alderman Furr stated that they
S had spoken of this program at the last Board meeting and he hoped everyone had taken the time to read over
the information provided. He stated that it gives support to Landis and would promote the needs and wants
of the region. He urged the Board to support the program and he was "happy to have had a hand in building"
the program.
Alderman Furr motioned, seconded by Alderman Hilton, to pass a resolution to Adopt/Endorse/Support the
CONNECT Regional Vision and Action Agenda. All voted aye.
DeputyTown Administrator Debbie Goodman then addressed the Board regarding the equalized payment plan (
EPP) that the Town was considering doing. She stated that they would like to begin doing the EPP as of
the March 151, 2009 billing, citing it would take time to get the program set up. They would be asking customers
to have their applications in during the month of January since it would be the first implementation
of the program. Customers will be asked to come into the office to sign up so their monthly S
payments can be calculated. Deputy
Administrator Goodman explained a bit about how the program would work and stated that there would
be a statement on the back of the bill for several months leading up to the application process to make customers
aware of its implementation.
0
Page 2534
The next order of business regarded vehicles taken home by employees. Alderman Hilton stated that the
Town "must take action to burn less fuel" and that is why he had asked for a list of which employees
currently drove Town -owned vehicles home. He felt the Board needed to seriously look at the matter and
take action and that Administrator Linn had already made changes in the Fire Department. It was Alderman
Hilton's opinion that take home vehicles should be restricted to Department Heads and any other employees
on call could pick come pick up their vehicles if called in. He stated that the Town "can't afford endless take
o home" (of vehicles). Alderman Hilton commented it was a "fiscal reality" and stated "if someone had a
better idea on how to save money", let him know.
Alderman Sloop pointed out that some government agencies were going to four day work weeks to help cut
o down on the expense of gas.
Mayor Brown inquired where they would park Town vehicles if employees no longer took them home.
Alderman Hilton replied that they could be parked at Public Works. Alderman Safrit was opposed to this
o plan because all it would take would be one person to climb the fence and they would cripple the patrol cars,
which would cost more than gas in the end. Alderman Hilton stated that there was "no perfect solution, but
the Town) can't afford to subsidize rides home". Alderman Safrit stated that you "can't use gas as (an)
excuse to sacrifice safety".
Alderman Furr suggested for those that still wished to drive their vehicles home, the distance between work
and home be measured and they be charged accordingly per mile, there and back. Alderman Hilton
interjected that no other trips other than to and work and back be allowed.
Administrator Linn recommended instead for the Board to instruct what percentage of the fuel costs they
would like to see reduced and the Department Heads could develop a way to cut that percentage.
Alderman Hilton commented that they had to "take action soon or watch Rome burn".
Alderman Safrit said he would go along with the suggestion Alderman Furr had made, but he disagreed with
group parking vehicles. Alderman Furr stated that he thought his idea was "distasteful, but desperate times
call for desperate measures".
There was further discussion regarding parking patrol cars and other town vehicles, with Mayor Brown
o recommending that the police park their cars on their "ofV" days, and drive them home on their "on" days. It
was pointed out that this would mean the officers would have their personal vehicles left at the police station,
and would give them no way to get around while off duty unless they drove their patrol cars.
o Alderman Hilton commented that he would support Alderman Furr's recommendation of charging a fee per
mile. Mayor Brown commented that they would give employees the choice of paying the fee or parking
i
their vehicles. Alderman 1-111ton clarified this was for all departments, with Department I -leads still able to
drive their vehicles home at no cost.
After some discussion over what the charge per mile should be, it was decided that $.40 per mile would be
the set cost.
Alderman Furr motioned, seconded by Alderman Safrit, to enact a program at $.40 per mile charged to
employees who wish to drive their work vehicles home, with the distance being calculated from the city
limits to their place of residence, round trip. This would exclude Department Heads. All voted aye.
Alderman Furr commented that he "regretfully made the motion''.
Administrator Linn asked for a clarification on how billing of the charges would occur.
Page 2535
The Board amended the motion to reflect the charges would be handled as a payroll deduction and the
amount of miles would be rounded up to the nearest whole.
Department Head Comments
Recreation Director Julie Noblitt: stated that she had called other leagues to see how many games they play
and the costs they charge (for adult leagues). Based upon her research, the entry fee of $1000.00 the Hoard
had set was quite a bit higher than other leagues and she wondered if the Board might want to reconsider it.
She said that Bakers Creek was looking to re -start their league because "our league was basically not going
to happen". She said Bakers Creek would be charging $450.00 per team, but she did not know how many
games this would include. There were no comments from the Board.
Depuly Town Administrator Debbie Goodman: asked the Board about getting a "splash page" for the online
bill pay program so they could get things up and running and start accepting payments online until the
official website was in place. CSI would create it; it would have the Town seal and allow people to view
their bills and pay them online. There would be no additional cost for the splash page. Once the Town's
website was up and running, the online bill pay would attach to that. Alderman Hilton stated that he thought
they needed to get the website up and running and then incorporate online bill pay. The Board concurred.
Town Administrator Reed Linn: stated that he had heard back from SCNSUS/Triton and that the Town's
single water tower would be enough to support the Flexnet program for autoreading meters. It would be able
to read every meter as far away as Lake Wright, which would also allow autoread of 3-phase meters.
Public Works Director Steve Rowland: stated that they would be finishing Thursday afternoon all of the
power installation at "rhe Oaks Subdivision and Irish Creek had already been completed.
Lieutenant David Earnhardt: stated that the PD was happy with how the current striping on the cars looked.
There was discussion of how some citizens felt it looked too much like the striping on the Sheriff's
Department cars. It was the PD's preference to keep it as it currently looked. The Board stated they had no
problem with that, and instructed the I'D to simply make "Landis" larger on the side of the cars.
Board. Comments
Alderman Craig Sloop: stated that there was a bush/tree at the intersection of Hoke Street and Main Street
that made it impossible to see when trying to turn left. Alderman Hilton concurred it was a public safety
issue. There was further discussion about various places that had similar problems.
Alderman James Furr: stated that at the last meeting he had brought up the issue of hydro-electrics and had
been given permission to do a study. Per the Town's contract with Electricities, they would have to go
through Electricities to establish a program of that kind. Electricities had sent an engineer out to look into
the matter and he had determined that the water flow was not sufficient to support hydro-clectries. Alderman
Furr went on to say that by 2012 Federal regulations would require a percentage of power to come from
renewable resources (with nuclear power not being included) and that may fall under Electricities since they
were the sole provider of electricity to the Town.
Alderman Roger Safrit: commended all departments, stating that they "don't get enough gratitude". He felt
that "morale was up" and he also asked the Board to consider the K-9 Interdiction Program, stating it was a
good deal".
Page 2536
Mayor Dennis Brown: charged each Board member to have the names of citizens to sit on the Recreation
Advisory Board by the next meeting so that they could begin.
Alderman Tony Hilton: stated that an issue "reared its head every now and again", and that issue was "trains
and the noise they make". He commented that he knew the Town had looked into establishing a quiet zone
before and he had done some research and it seemed most of what would be required was already in place in
the Town. The Town has three crossings and one would be closed in the future. From what he had read,
with what the Town already has, they would only need to add signage stating that there were no whistles in
use in the zone. He went on to say there are decibel levels trains are supposed to adhere to even if it is not a
quiet zone. Alderman Hilton commented that he had copies of the Federal rules about establishing a quiet
zone and he would like Administrator Linn and the Town's attorney, .Rick Locklear to look over them. It
was his desire to make the government and railroad tell the Town that it would in fact cost too much to
establish a quiet zone, or that it would not, so that the matter could be laid to rest once and for all. Mayor
Brown stated that he had no problem allowing Mr. Locklear to look over the regulations, but that lie was in
favor of spending no money on establishing a quiet zone.
Citizens Comments
Jerry Wright: stated that the Police and Fire Departments are the last places that things should be cut from
and that they deserve money for what they do. He would rather see places cut like garbage trucks that run
past the same place twice a day, or the leaf truck "running around" if there was nothing to pick up. lie felt if
they were not being used they should be parked.
Alderman Hilton motioned, seconded by Alderman Purr, to adjourn the meeting. All voted aye.
The meeting adjourned at 9:43pm on Tuesday, July 15"', 2008.
Heather D. Wood
Administrative Assistant
A new Article is hereby added to the 'town of Landis Code regarding Stormwater Quality and
Discharge Control, which shall read in its entirety as follows:
STORMWATER QUALITY MANAGEMENT AND DISCHARGE CONTROL ORDINANCE
Division I.
Title, Purpose and General Provisions.
Section 1.1 Title.
This Article shall be known as the "Stormwater Quality Management and Discharge Control Ordinance"
of the Town of Landis and may be so cited.
Section 1.2 Authority.
Under Chapter 160A of the North Carolina General Statutes, the Town of Landis has the responsibility
and authority to regulate land use and development, enforce ordinances within its jurisdiction, and to
adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
Section 1.3 Purpose and Intent.
The purpose and intent of this Article is to:
a) Ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of
watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water
Act (33 U.S.C. § 1251 et seq.) by reducing pollutants in stormwater discharges to the maximum extent
practicable and by prohibiting non-stormwater discharges to the storm drain system.
b) Establish minimum criteria to control and minimize the quantitative and qualitative impacts of
stormwater runoff from development within the Town of Landis.
c) Encourage sustainable development. Prudent site planning should include special consideration for
preserving natural drainage ways, maximizing infiltration, slowing stormwater runoff from individual
sites in route to streams and rivers by use of effective runoff management, structural and non-
structural best management practices, drainage structures, and stormwater facilities.
Section 1.4 Applicability.
The provisions of the Ordinance shall apply to all areas within the planning jurisdictional limits of the
Town of Landis. This Ordinance shall be permanently on file in Landis Municipal Building. The Town
of Landis may furnish additional policy, criteria, and information, including specifications and standards,
and may provide such information in the form of a Stormwater Technical Standards Manual. That manual
may be updated and expanded, from time to time, at the discretion of the local review authority, based on
improvements in engineering, science, monitoring, and local maintenance experience.
Section 1.5 Exceptions to Applicability.
This stormwater management ordinance shall not apply to those activities exempted in specific sections of
this Ordinance or as identified below:
a) Existing permitted developments may be continued and maintained. Expansion to existing
structures, classified as existing development, must meet the provisions of this Ordinance.
b) Activities on a bona fide farm unless the activity is for non -farm purpose.
Section 1.6 Definitions.
The terms used in this Article shall have the following meanings:
a) Applicant. An owner or developer of a site who executes the Stormwater Permit Application
pursuant to this Ordinance.
b) Best -Management Practices. Activities, practices, and procedures to prevent or reduce the
discharge of pollutants directly or indirectly to the storm drain system and waters of the United
States, Best Management Practices (BMPs) include but are not limited to: treatment facilities to
remove pollutants from stormwater; operating and maintenance procedures; facility management
practices to control runoff, spillage or leaks of non-stoririwater, waste disposal, and drainage from
materials storage; erosion and sediment control practices; and the prohibition of specific
activities, practices, and procedures and such other provisions as the Town determines
appropriate for the control of pollutants. Please refer to the Town of Landis's Stormwater
Technical Standards Manual for further information and for specific BMP requirements.
c) Bona Fide Farm. Any tract of land containing at least one acre which is used for activities
relating to production, and activities incidental to production of crops, fruits, vegetables,
ornamental and flowering plants, grasses and grains, forest products, dairy, livestock, fish and
shellfish, poultry, and other agricultural products having a domestic or foreign market, and
excludes commercial and industrial processing.
d) Building. Any structure, either temporary or permanent, having walls and a roof, designed for a
shelter of any person, animal, or property.
e) Built -Upon Area. That portion of a development that is covered by impervious or partially
impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths),
recreation facilities (e.g. tennis courts), etc. Slatted decks and the water area of a swimming pool
or pond are considered pervious.
f) Channel. A natural or artificial watercourse with a definite_ bed and banks that conducts flowing
water.
g) Channel Bank. The location of the upper edge of the active channel above which the water
spreads into the overbanks on either side of the channel or the elevation of the two-year frequency
storm. Where the channel bank is not well defined, the channel bank shall be considered the edge
of the waterline during a two-year frequency storm.
h) Town. "file Town of Landis, North Carolina.
i) Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
j) Construction Activity. Activities subject to National Pollutant Discharge Elimination System
NPDES) Construction Permits or the Rowan County Erosion and Sediment Control Program.
These include construction projects resulting in land disturbance. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
k) Design Storm. The specific frequency and, if necessary, duration of the rainfall event to be used
in design to meet the criteria established in the Stormwater Technical Standards Manual.
1) Development. Any land disturbing activity, which adds to or changes the amount of impervious
or partially impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
in) Drainage Structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets,
culverts, and other structures designed to convey stormwater.
n) Grandfathered Rights. See Vested Rights
o) Hazardous Materials. Any material, including any substance, waste, or combination thereof,
which, because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
p) Illicit Connections. An illicit connection is defined as either of the following:
i. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances
which allow any non-stormwater discharge including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to the storm drain system
from indoor drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by a government agency; or
ii. Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system which has not been documented in plans, maps, or equivalent records and
approved by the Town.
q) Illicit Discharge. Any unlawful disposal, placement, emptying, dumping, spillage, leakage,
pumping, pouring, or other discharge of any substance other than stormwater into a stormwater
conveyance system, the waters of the State, or upon the land such that the substance is likely to
reach a stormwater conveyance system or waters of the State constitutes an illegal discharge,
except as exempted in Division II, Section 2.1 of this Ordinance.
r) Impervious Surface. Any surface which in whole or in part, restricts or prevents the natural
absorption of water into the ground. Such surfaces may include, but not be limited to compacted
earth, traffic -bearing gravel, concrete, asphalt, or other paving material, and all area covered by
the footprint of buildings or structures. Uncovered slatted decks and the water area of a
swimming pool, pond, or other water body are considered pervious.
s) Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 C1=R, Section
122.26 (b)(14).
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t) Intermittent Streams. A natural drainage way, which shows up as a blue line on the most recent
version of the USGS 7.5-minute quadrangle maps or as a demarcated stream on the most recent
version of the maps of the Soil Survey of Rowan County from the U.S. Department of
Agriculture, and has a contributing drainage area of 300 acres or less, shall be considered an
intermittent stream for the purposes of this Ordinance.
u) Land Disturbing Activities. The use of land by any person that results in a change in the natural
cover or topography that may contribute to or alter the quantity and or quality of stormwater
runoff.
v) National Pollutant_ Discharge_ Elimination System (NPDLS) Stormwater Discharge Permits.
General, group, and individual stonnwater discharge permits that regulate facilities defined in
Federal NPDES regulations pursuant to the Clean Water Act.
w) Natural Drainage Way. Shall mean an incised channel with a defined channel bed and banks that
are part of the natural topography. Construction channels such as drainage ditches shall not be
considered a natural drainage way unless the constructed channel was a natural drainage way that
has been relocated, widened, or otherwise altered.
x) Non-Stormwater Discharge. Any discharge to the storm drain system that is not composed
entirely of stormwater.
y) Owner. A property owner, their heirs, successors or assigns; a legal entity with control over the
management of a property; or any other person or corporation that occupies a position that
controls the operation, maintenance, and/or repair to a property.
z) Perennial Stream. Streams that have essentially continuous flows or are shown as blue lines on
the most recent version of the United States Geological Survey (USGS) 1:24,000 (7.5 min.) scale
topographic maps or are demarcated on the most recent version of maps of the Soil Survey of
Rowan County, prepared by the U.S. Department of Agriculture, and that have a contributing
drainage area of more than 300 acres shall be considered a perennial stream for the purposes of
this Ordinance.
aa) Pollutant. Anything that causes or contributes to pollution. Pollutants shall include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive Fluids; non -hazardous liquid
and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; untreated commercial car
wash water and industrial discharges, contaminated fountain drains and cooling waters; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and
residues that result from constructing a structure (including but not limited to sediments, slurries,
and concrete rinsates); and noxious or offensive matter of any kind.
bb) Pollution. The human -made or human -induced alteration of the quality of waters by waste to a
degree which unreasonably affects, or has the potential to unreasonably affect, either the waters
for beneficial uses or the facilities which serve these beneficial uses.
cc) Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
dd) Riparian Buffer. An area of trees, shrubs, or other vegetation that is adjacent to a natural drainage
way or surface water. Riparian buffers reduce the impact of upland sources by trapping, filtering,
and converting nutrients, sediments, and other chemicals, and maintain the integrity of the natural
drainage way. For the purposes of this Ordinance, a natural drainage way or surface water shall
be present if the feature is approximately shown on the most recent version of the 1:24,000 (7.5
min.) quadrangle topographic maps prepared by the United States Geological Survey (UGSG) or
on the latest version of the Soil Survey of Rowan County as prepared by the U.S. Department of
Agriculture Natural Resource Conservation Service (NIZCS).
ee) Sheet Flow. The even flow of water across the land surface so that there is no discernable
concentration' of water.
ff) Soil Erosion and Sedimentation Control Plan. The graphic plans including narrative where
appropriate, required by the State of North Carolina, by Rowan County, and by the Town of
Landis as a prerequisite for a construction permit. The purpose of this plan is to explain existing
conditions and proposed grading of land including any development and to describe the activities
and measures to be undertaken to control soil erosion and sedimentation.
gg) Storm Drain System. Publicly -owned facilities operated by the Town by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems, streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage structures
which are within the Town and are not part of a publicly -owned treatment .works as defined in 40
CFR Section 122.2.
hh) Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from atmospheric
precipitation.
ii) Stormwater Administrator. The person designated by the Town Administrator of Town of Landis
to have authority to review and approve Stormwater Permits and stonnwater management plans.
The Stonnwater Administrator shall also be responsible for inspecting development and making
sure the provisions of this Ordinance are being followed.
Stormwater Facilities. Shall include devices designed specifically to detain or retain stormwater
for water quantity or water quality control. These devices shall not include those drainage
structures that provide incidental water quantity or water quality control. These devices include
but are not limited to wet ponds, dry ponds, bioretention areas, filter strips, or infiltration
trenches.
kk) Stormwater Technical Standards Manual. The manual of design, perfonnance, and review
criteria adopted by Town of Landis Board of Aldermen for the administration of the Stormwater
Program.
11) Stream Buffer. Strips of land adjacent to streams and rivers which are retrained in their natural
vegetated, re -vegetated or reforested state through the preservation of appropriate perennial
vegetation.
mm) Structural Stormwater Facility. A constructed facility, designed by a qualified professional, under
15A NCAC 21-1.1008(c) or other application code, for the purpose of managing stormwater flow
and quality.
5
nn) Structure. Structures include buildings, wells, screened enclosures, fences, advertising signs,
billboards, poster panels, swimming pools, manufactured houses, modular houses, and
underground shelters.
oo) Vegetative Buffer. An area that has a dense ground cover of herbaceous or woody species, which
provides for diffusion and infiltration of runoff and filtering of pollutants.
pp) Vested Rights. A vested right is a right to perform some action based on prior approvals, explicit
or implicit, even if that action would otherwise result in a violation of a current ordinance,
regulation, standard, or other requirement.
qq) Water Dependent Structures. Those structures which require the access or proximity to, or sitting
within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and
commercial boat storage areas are not considered water -dependent structures.
rr) Waters of the United States. Surface watercourses and eater bodies as defined in 40 CFR §
122.2, including all natural waterways and definite channels and depressions in the earth that may
carry water, even though such waterways may only carry water during rains and storms and may
not carry stormwater at and during all times and seasons.
ss) Wetland. Means those areas regulated under Section 404 of the Clean Water Act as identified
under guidelines employed by the United States Army. Corps of Engineers in evaluating permit
applications under 33 U.S.C. 1344 and applicable federal regulations. Wetlands also include
areas defined by the State of North Carolina as "isolated wetlands."
Section 1.7 Interpretation.
a) In interpreting and applying this Ordinance, the requirements are intended to be minimum
requirements that are imposed and are to be conformed to, and are in addition to, and not in lieu
of, all other legal requirements.
b) This Ordinance shall not be deemed to interfere with or annul or otherwise affect in any manner
whatsoever any ordinance, rules, regulations, permits, or easements, covenants, or other
agreements between parties, provided however that, where this Ordinance imposes greater
restrictions and controls with respect to stormwater management, the provisions of this Ordinance
shall prevail.
c) This ordinance shall not be interpreted to mean that the Town of Landis accepts responsibility for
the maintenance and upkeep of stormwater facilities located and/or situated entirely or partially
on private property. Maintenance, upgrade and/or improvements to existing and/or new
stormwater facilities located and/or situated entirely or partially on private property shall remain
the responsibility of the property owner.
Section 1.8 Permits
a) Except where provided elsewhere, development shall not commence without obtaining a
Stormwater Pen -nit pursuant to the provisions of this Ordinance.
6
b) The Stormwater Permit Application shall be made by, or on behalf of, the owner(s) or
developer(s) of the site for which the permit is sought. The application shall be filed with the
Town on a form supplied by the Town and shall be accompanied with the information identified
in the Stormwater Technical Standards Manual.
c) A Stormwater Permit shall not be issued until the following conditions are met:
Approval by the Storrn water Administrator of the supporting information.
ii. Submission and approval of any required easements.
iii. Submission and approval of any required inspection and maintenance agreements.
iv. Payment of all fees.
d) If the development requires a Sediment and Erosion Control Permit, the Stormwater Permit will
be conditional upon the owner receiving such sediment and erosion permit and upon the filing of
a copy of the approved Sediment and Erosion Control Plan and associated Permit to the
Stormwater Administrator.
e) The Stormwater Permit will be valid for one (1) year from the date of issuance or if significant
changes in the development are made that change the intent of the permit. Significant changes
shall be determined by the Stormwater Administrator. If significant changes are made, the
original Stormwater Permit shall not be valid and a new permit shall be required.
Section 19 Fees.
A list of fees associated with the Ordinance is available at the Town of Landis Stormwater
Administrator's Office.
Section 1.10 Applicability and Vested Rights.
This Article shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands lying within the planning jurisdiction of the Town including any amendments or
revisions thereto.
The provisions of this ordinance shall be applied to the maximum extent that they do not contravene
vested rights. Vested rights shall be based upon the following criteria:
7 Having an outstanding building permit in compliance with GS 153A-344.1 or GS160A-385.1, or
Having an approved site specific or phased development plan in compliance with GS 153A-344. l
or GS160A-385.1, or
For projects that require a State permit, such as landfills, NPDES wastewater discharges, land
application or residuals and road construction activities, shall be considered to have vested rights
if a State permit was issued prior to the effective date of the adoption of this ordinance.
Section 1.1 1 Responsibility for Administration,
The Stormwater Administrator of the Town shall administer, implement, and enforce the provisions of
this Article. Any powers granted or duties imposed upon the Stormwater Administrator may be delegated
7
in writing by the Stormwater Administrator to persons or entities acting in the beneficial interest of or in
the employ of the'1'own.
Section 1.12 Variances and Al2peals.
An interested party may appeal any final order or other decision of the Stormwater Administrator. All
appeals must be filed in a timely manner, but not more than 30 days after a final order or other decision of
the Stormwater Administrator. Appeals must be filed on forms obtained from the office of the Stormwater
Administrator and must be filed with the Stormwater Administrator. A notice of appeal shall be
considered filed when delivered to the Stormwater Administrator's off ice in a form deemed complete and
acceptable to the Stormwater Administrator. The Stormwater Administrator shall enter the date and time
of filing on the notice. An Appeals Off -jeer appointed by the Town Board of Aldermen will consider all
such applications for variance or other appeal. The Appeals Officer shall schedule a hearing of the appeal
within 14 days of the filing of a notice of appeal and shall rule on the appeal within 14 days of the hearing
of the appeal.
An interested party may appeal any final order or other decision of the Appeals Officer. All appeals must
be filed in a timely manner, but not more than 30 days after a final order or other decision of the Appeals
Officer. Appeals must be filed on forms obtained from the office of the Stormwater Administrator and
must be filed in the office of the Town Administrator. A notice of appeal shall be considered filed when
delivered to the Town Administrator's office in a form deemed complete and acceptable to the Town
Administrator. The Town Administrator shall enter the date and time of filing on the notice. A Technical
Review Committee appointed by the Town Board of Aldermen will consider an appeal of any decision of
the Appeals Officer. The Technical Review Committee shall schedule a public hearing of the appeal
within 30 days of the filing of a notice of appeal, shall provide appropriate public notice of that hearing,
and shall rule on the appeal within 30 days of the public hearing of the appeal.
Section 1.13 Severability.
The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or
paragraph of this Article or the application thereof to any person, establishment, or circumstances shall be
held invalid, such invalidity shall not affect the other provisions or application of this Article.
Section 1.14 Regulatory Consistency.
This Article shall be construed to assure consistency with the requirements of the Clean Water Act and
acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.
Section LIS Ultimate Responsibility -of Discharger.
The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore,
this Article does not intend nor imply that compliance by any person will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants into waters of the U.S. caused by said
person. This Article shall not create liability on the part of the Town, or any agent or employee thereof for
any damages that result from any discharger's reliance oil this Article or any administrative decision
lawfully made thereunder.
Section 1.16 Stormwater Maria cement.
a) Stormwater shall be conveyed through development in an adequately designed drainage system of
natural drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage
systems shall be designed, constructed, and maintained so as to provide natural infiltration,
control flooding, extend the time of concentration of stormwater runoff, and to control to the
Maximum Extent Practicable the impacts of development. Where the above conditions are met
and where a development does not require the preparation of a Stonnwater Management Plan, as
provided in Section 1.16(b) of this ordinance, obtaining a Town of Landis Stonnwater Permit is
not required.
b) Stormwater Management Plans must be prepared for, and shall be approved by, the Stormwater
Administrator pursuant to the application for a Stormwater Permit for:
All proposed developments that will exceed 20,000 square feet of cumulative impervious
coverage. All such developments shall be required to construct a complete drainage
system sufficient to mitigate the impacts of the design rainfall events identified in the
Stormwater Technical Standards Manual and below.
ii. Any activity that disturbs land within a designated stream buffer area, except when such
disturbance is designated as Exempt or Allowable in the Stormwater "Technical Standards
Manual.
iii. Any filling or excavation of a parcel in excess of one thousand cubic feet of material, or
any filling or excavation that would impact an adjoining parcel by resulting in the
alternation of the drainage path, or the ponding of water, or a change in the stonnwater
flow on the adjoining parcel.
iv. Any activity or development that will ultimately result in the disturbance of a total area of
one or more acres, except for the following:
a) Activity on a bona fide farm, unless the activity is for non -farm purposes.
b) Activities on forestland for the production and harvesting of timber and timber
products.
c) Stormwater Management Plans shall:
Include drawings, maps, supporting calculations, specifications, and summaries as
outlined in the Stormwater Technical Standards Manual.
ii. Demonstrate through accepted engineering practices described in the Stonnwater
Technical Standards Manual the impacts of the proposed development. Impacts of the
proposed developments may include:
a) Effects on existing upstream and/or downstream drainage systems and property.
b) Ability of the natural drainage way to handle additional stormwater runoff.
c) Water quality impacts on receiving waters.
d) Site -specific criteria.
iii. Demonstrate through accepted engineering practices described in the Stormwater
Technical Standards Manual that stormwater runoff is adequately conveyed through the
J
i
development in a drainage system designed to meet the criteria described in the
Stormwater Technical Standards Manual. The project shall control and treat the runoff
From the first one -inch of rain. Runoff volume drawdown time must be a minimum of 48
hours, but not more than 120 hours. High -density projects must discharge the storage
volume at a rate equal to or less than the pre -development discharge rate for the one-year,
24-hour stone. All structural stormwater treatment systems must be designed to achieve
85% average annual removal of total suspended solids; fecal coliforn, and other
pollutants to levels identified in the Stormwater Technical Standards Manual. Post
development runoff rate shall not exceed pre -development runoff rate unless a maximum
discharge rate has been adopted for the applicable drainage basin and the discharge does
not exceed that rate. If a maximum discharge rate has not been adopted for the applicable
drainage basin, post development discharge rate may not exceed pre -development
discharge rate. Stormwater volumes resulting from the proposed development shall be
detained within the development and released at a rate no greater than existed prior to the
development. Detention facilities shall be designed to maintain the pre -developed runoff
rate from the 1-year and 10-year design storm events, and other events as specifically
required by the Town's Stormwater Technical Standards Manual.
iv. Demonstrate through accepted engineering practices described in the Stormwater
Technical Standards Manual that stormvater facilities control the impacts of the
development to the Maximum Extend Practicable and that those facilities are designed to
meet the criteria described in the Stormwater Technical Standards Manual.
V. All Stormwater Management Plans submitted for developments that incorporate
Structural Stormwater Facilities or developments where the density exceeds 24% built -
upon area must be designed to meet or exceed the criteria contained in 15A NCAC 211
1008(c) and must be signed and sealed by a qualified professional.
e) Stormwater Facilities Inspection and Maintenance Requirements
i. A written inspection and maintenance agreement in a form acceptable to the Stonmwater
Administrator and executed by the applicant of the Stormwater Pen -nit and the owners of
the facility, if different than the applicant, shall be provided prior to receiving a
Stormwater Permit. The agreement shall provide the following:
a) Shall bind the parties thereto and all subsequent owners, successors, and assigns.
b) The required inspection maintenance and access of the facility as defined in the
Stormwater Technical Standards Manual.
c) That, if the 'Town directs the correction, repair, replacement, or maintenance of
the facility in writing and the actions are not satisfactorily performed within a
reasonable time (but not greater than 60 days), the Town may, after reasonable
notice, enter the land and perform all the necessary work and may assess the
owner(s) of the facility with the cost of the work performed. The owner(s)
served by the facility shall be jointly responsible to the Town for the maintenance
of the facility and liable for any costs incurred by the Town pursuant to the said
agreement and ail properties are jointly subject to the imposition of liens for said
costs.
IO
d) The Inspection and Maintenance Agreement shall be recorded in the Register of
Deeds at the expense of the applicant.
e) Stonnwater facilities shall be included in an easement. The easement shall
include the area of the facility, area of ponded water, and enough area for access
and maintenance. The easement shall be recorded in the Register of Deeds at the
expense of the applicant.
Section 1.17 Stream Buffers.
a) Stream buffers shall be maintained on all sides of perennial and intermittent streams, lakes and
other natural waterways as provided in the Stormwater Technical Standards Manual.
b) The following are exempt from this stream buffer requirement:
Areas along streams or other waterways that are mapped on the USGS quadrangle map or
NRCS soils map where such streams or waterways do not actually exist on the ground.
ii. Ponds and lakes created for animal watering, irrigation, or other agricultural uses that are
not part of a natural drainage way.
iii. Where application of these requirements would prevent all prospective use of a lot platted
and recorded prior to the effective date of this Ordinance.
iv. Water dependent structures provided that those structures shall be designed, constructed,
and maintained to provide the maximum practicable nutrient and bacteria[ removal, have
the least practicable adverse effects on aquatic habitat, and to otherwise protect water
quality.
V. Roads, bridges, stonnwater management facilities, ponds, and utilities where no other
practical alternative exists. These structures shall be located, designed, constructed, and
maintained to have minimal disturbance, provide the maximum practicable nutrient and
bacterial removal, have the least practicable adverse effects on aquatic habitat, and to
otherwise protect water quality.
vi. Ditches and manmade conveyances other than modified natural streams.
c) The stream buffer shall be measured from the top of channel bank landward:
The size of the stream buffer for a perennial stream shall be an undisturbed area
measured from the average annual stream bank perpendicularly for a distance of 50 feet
plus four (4) times the average percent of slope of area adjacent to the stream. This slope
shall be calculated by measuring a distance of 250 feet from the center of the stream. The
percent of slope for this distance shall serve as the determining factor. However, the
maximum distance shall note exceed 120 feet from the edge of the stream.
An additional 20 foot vegetated setback from the stream buffer shall be required on
perennial streams.
ii. The size of the stream buffer for an intermittent stream shall be measured from the
average annual stream bank perpendicularly for a distance of 30 feet. The first 20 feet
shall be ail undisturbed area.
d) The following activities shall not be allowed in buffer areas:
iii. New on -site sewage systems, which utilize ground adsorption.
iv. New structures, except as specifically provided in the Stormwater Technical Standards
Manual.
e) The stream buffer shall be maintained by the landowner or homeowners association to maintain
sheet flow to the maximum extent practical to provide for diffusion and infiltration of runoff and
filtering pollutants into the affected stream and consistent with maintenance criteria as set out in
the Stormwater Technical Standards Manual.
t) Stream buffer areas shall be designated on recorded plats as easements. The plat shall be
included with the Stormwater Permit Application.
Division I1.
Discharge Prohibitions,
Section 2.1 Illegal Discharges.
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly into the Town storm drain system, watercourses, 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.
The commencement, conduct, or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
a) Discharges from the following activities will not be considered a source of pollutants to the storm
drain system and to waters of the U.S. when properly managed to ensure that no potential
pollutants are present, and therefore they shall not be considered illegal discharges unless
determined to cause a violation of the provisions of this Ordinance: water line flushing;
uncontaminated pumped ground water; discharges from potable water sources; landscape
irrigation; irrigation water; lawn watering; diverted stream flows; rising ground water;
uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20))to the storm drain
system; uncontaminated foundation and footing drains; uncontaminated water from crawl space
pumps; air conditioning condensation; uncontaminated roof drains; springs; individual residential
car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges;
street wash waters; and 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 Town of
Landis.
b) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES
permit, waiver, or waste discharge order issued to the discharger and administered by the State of
North Carolina under the authority of the Federal Environmental Protection Agency, provided
that the discharger is in full compliance with all requirements of the permit, waiver, or order and
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other applicable laws and regulations, and provided that written notification of such permitted
discharge has been filed with the Stormwater Administrator, in a form acceptable to the
Stormwater Administrator, for any discharge to the storm drain system.
c) With written concurrence of the North Carolina Department of Environment and Natural
Resources, the Stormwater Administrator may exempt in writing other non-stone«pater
discharges, which are not a source of pollutants to the storm drain system or waters of the U.S.
Section 2.2 []licit Connections.
a) Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in subsection 2.1 above, are
unlawful.
b) 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.
c) Where it is determined that said connection:
1) 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
2) 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.
d) The construction, use, maintenance, or continued existence of illicit connections to the storm
drain system is prohibited.
Section 2.3 Waste Disposal Prohibitions.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or
maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk,
component of the store drain system, or water of the U.S., any refuse, rubbish, garbage, litter, or other
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discarded or abandoned objects, articles, and accumulations, so that the same Islay cause or contribute to
pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are
exempted from this prohibition.
Section 2.4 Discharges in Violation of Industrial or Construction Activity N_PDBS Stormw_ater_Dischar_ge
Permit_
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall
comply with all provisions of such pen -nit. Proof of compliance with said permit may be required in a
form acceptable to the Stormwater Administrator prior to or as a condition of a subdivision map, site plan,
building permit, or development or improvement plan; upon inspection of the facility; during any
enforcement proceeding or action; or for any other reasonable cause.
Division M.
Regulations and Requirements.
Section 3.1 Requirement to Prevent, Control, and Reduce Stormwater Pollutants.
a) Authorization to Adopt and ]m ose Best _Management Practices. The Town will adopt
requirements identifying Best Management Practices for any activity, operation, or facility that
may cause or contribute to pollution or contamination of stormwater, the storm drain system, or
waters of the U.S. as documented in a separate Stormwater Technical Standards Manual. Where
BMPs requirements are promulgated by the Town or any Federal, State of North Carolina, or
regional agency for any activity, operation, or facility which would otherwise cause the discharge
of pollutants to the stone drain system or water of the U.S., every person undertaking such
activity or operation, or owning or operating such facility shall comply with such requirements.
The Stormwater Administrator will report to Town Board of Aldermen annually, or as otherwise
needed, on the status of implementation of BMPs, the pollutants of concern to be addressed the
next year, and any new BMPs to be developed. BMPs developed under this program will be
incorporated as part of the Stormwater Technical Standards Manual.
b) New Development and Redevelopment. The Town may adopt requirements identifying
appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff
from new development and redevelopment projects as may be appropriate to minimize the
generation, transport, and discharge of pollutants. The Town shall incorporate such requirements
in any land use entitlement and construction or building -related permit to be issued relative to
such development or redevelopment. The owner and developer shall comply with the terms,
provisions, and conditions of such land use entitlements and building permits as required in this
Article.
c) Resgonsibility to Implement Best Mana€;ement Practices. Notwithstanding the presence or
absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in
activities or operations, or owning facilities or property which will or may result in pollutants
entering stormwater, the storm drain system, or waters of the U.S. shall implement BMPs to the
Maximum Extend Practicable to prevent and reduce such pollutants. The owner or operator of a
commercial or industrial establishment shall provide reasonable protection from accidental
discharge of prohibited materials or other wastes into the municipal storm drain system or
watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes
shall be provided and maintained at the owner or operator's expense.
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BMPs required by the Town can be obtained from the Stormwater Administrator's Office by
requesting the BMP information appropriate to a commercial or industrial activity from the
Stormwater Technical Standards Manual.
i
Section 3.2 Requirement to Eliminate Illegal Discharges.
Notwithstanding the requirements of Division V, Section 5.1 herein, the Stormwater Administrator may
S require by written notice that a person responsible for an illegal discharge immediately, or by a specified
i
date, discontinues the discharge and, if necessary, take measures to eliminate the source of the discharge
to prevent the occurrence of future illegal discharges.
Section 3.3 Requirement to Eliminate or Secure Approval for Illicit Connections.
a) The Stormwater Administrator may require by written notice that a person responsible for an
illicit connection to the stone drain system comply with the requirements of this Article to
eliminate or secure approval for the connection by a specified date, regardless of whether or not
the connection or discharges to it had been established or approved prior to tite effective date of
this Article.
b) If, subsequent to eliminating a connection found to be in violation of this Article, the responsible
person can demonstrate that an illegal discharge will no longer occur, said person may request
Town approval to reconnect. The reconnection or reinstallation of the connection shall be at the
responsible person's expense.
Section 3.4 Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall keep
and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use,
function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank
vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner
as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for
maintaining and stabilizing that portion of the watercourse that is within their property lines in order to
protect against erosion and degradation of the watercourse originating or contributed from their property.
Any disturbance or modification of a watercourse must be conducted in a manner consistent with and,
where required, under a valid permit issued by the State of North Carolina and the U.S. Army Corps of
Engineers.
Section 3.5 Requirement to Remediate.
Whenever the Stormwater Administrator finds that a discharge of pollutants is taking place or has
occurred which will result in or has resulted in pollution of Stormwater, the stonn drain system, or water
of the U.S., the Stormwater Administrator may require by written notice to the owner of the property
and/or the responsible person that the pollution be remediated and the affected property restored within a
specified time pursuant to the provisions of Divisions 4 through 5 below.
F
i
Section 3.6 Requirement to Monitor and Analyze.
The Stormwater Administrator may require by written notice of requirement that any person engaged in
any activity and/or owning or operating any facility which may cause or contribute to stormwater
pollution, illegal discharges, and/or non-stornwater discharges to the storm drain system or waters of the
U.S., undertake at said person's expense such monitoring and analyses and furnish such reports as deemed
necessary to determine compliance with this Article.
i Section 3.7 Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation has information of any known or
suspected release of materials which are resulting or may result in illegal discharges or pollutants
discharging into stormwater, the stone drain system, or waters of the U.S. from said facility, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the
event of such a release of a hazardous material, said person shall immediately notify emergency response
officials of the occurrence via emergency dispatch services (911). In the event of a release of non-
hazardous materials, said person shall notify the Stormwater Administrator's Office in person or by phone
or facsimile no later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be
confirmed by written notice addressed and mailed to the Town's Public Works Department 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.
Division IV.
Inspection and Monitoring.
Section 4.1 Authority to Inspect.
i
Whenever necessary to make an inspection to enforce any provision of this Article, or whenever the
Stormwater Administrator has cause to believe that there exists, or potentially exists, in or upon any
premises any condition which constitutes a violation of this Article, the Director may enter such premises
at all reasonable times to inspect the same and to inspect and copy records related to stormwater
compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been
made, the Town is hereby empowered to seek assistance from any court of competent jurisdiction in
obtaining such entry. The authority to inspect, and take associated enforcement actions under this
Ordinance, shall extend to all components of the drainage and storm water management facilities that
drain to the waters of the State of North Carolina or to waters of the United States on any public or private
property, regardless of when those facilities were constructed.
Section 4.2 Authority to Sample, Establish Sampling.Devices and Test.
During any inspection as provided herein, the Stormwater Administrator may take any samples and
perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
6
v
Division V.
Section 5.1 Enforcement.
a) Whenever, by the provisions of this Ordinance, the performance of any act is required, or the
performance of any act is prohibited, or whenever any regulation or limitation is imposed on the
use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure
to comply with such provisions shall constitute a violation of this Ordinance.
b) The owner, tenant, or occupant of any land or structure, or part thereof, and any architect,
engineer, builder, contractor, agent or other person who participates in, assists, directs, creates, or
maintains any situation that is contrary to the requirements of this Ordinance may be held
responsible for the violation and be subject to the penalties and remedies provided herein.
c) Failure to follow an approved Stormwater Management Plan or Pen -nit shall constitute a violation
of this Ordinance and subject to the penalties and remedies provided herein.
d) Procedures upon discovery of violations shall be as follows:
Upon determination that any provision of this Section is being violated, the Stonnwater
Administrator shall deliver a written notice by personal service or by registered or
certified mail, return receipt requested, to the person(s) responsible for such violation,
indicating the nature of the violation and ordering the action necessary to correct it.
Additional written notices may be sent at the Stormwater Administrator's discretion.
ii. The final written notice, which may also be the initial notice, shall state the action the
Stormwater Administrator intends to take if the violation in not corrected, and shall
advise that the Stormwater Administrator's order may be appealed as provided in Section
1.12 Variances and Appeals.
iii. In cases when delay would seriously threaten the effective enforcement of this
Ordinance, or pose a danger to the public health, safety, or general welfare, the
Stormwater Administrator may seek enforcement without prior written notice by
invoking any of the penalties or remedies contained in Section 5.1(c).
e) Penalties and remedies shall be as follows:
i. Any violation of any provision of any Section of the Stormwater Management Ordinance
shall constitute a misdemeanor and shall subject the violator to the maximum fine
permissible under North Carolina law.
ii, Any act constituting a violation of this Ordinance shall also subject the offender to a civil
penalty up to the full amount of penalty to which the Town of Landis is subject for
violations of its Phase II Stormwater permit, or $27,500 per day for each violation. If the
offender fails to pay the penalty within ten (10) days of receiving final written notice of a
violation, the penalty may be recovered by the Town in a civil action in the nature of a
debt. A civil penalty may not be appealed to the Stormwater Administrator if the
offender received a final written notice of violation and did not file the appeal within 30
days.
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iii. Any person who negligently violates any pen -nit condition of the Phase If Stormwater
permit issued to the Town of Landis is subject to criminal penalties of $2,500 to $25,000
per day of violation, or imprisonment for not more that 1 year, or both.
iv. Any person who knowingly violates conditions of the Phase It Stormwater permit issued
to the Town of Landis is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both.
V. Any person who violates a condition of the Phase 11 Stornnvater permit issued to the
Town of Landis may be assessed an administrative penalty not to exceed $11,000 per
violation with the maximum amount not to exceed $137,500.
vi. Each day that any violation continues after receipt of the final written notice of such
violation shall constitute a separate violation and a separate offense for purposes of the
penalties and remedies specified herein.
vii. In addition to the penalties and remedies above, the Town may institute any appropriate
action or proceedings to prevent, restrain, or abate a violation of this Ordinance.
f} Illegal Discharge: Any person that allows, acts in concert, participates, directs, or assists directly
or indirectly in an illegal discharge shall be subject to civil penalties as follows:
For first time offenders, if the quantity of the discharge is equal to or less than five (5)
gallons and consists of domestic or household products, said person shall be assessed a
civil penalty not to exceed one hundred dollars ($100.00) per violation or per day for any
continuing violation. If the quantity of the discharge is greater than five (5) gallons or
contains non -domestic substances or if the person cannot provide clear and convincing
evidence of the volume and nature of the substance discharged, said person shall be
assessed a civil penalty not to exceed one thousand dollars ($1,000.00) per violation or
per day for continuing violation.
ii. For repeat offenders, the amount of the penalty shall be double the amount assessed for
the previous penalty not to exceed ten thousand dollars ($10,000.00) per violation or per
day for any continuing violation.
iii. The Stormwater Administrator shall take the following into consideration when
determining the civil penalty amount:
a) The degree and extent of harm to the environment, public health, and property.
b) The cost of remedying the damage.
c) The willfulness of the violation.
d) The duration of the violation.
e) 'The violator's prior record in complying or failing to comply with this ordinance.
f) The amount of money saved by the violator by noncompliance.
IN. If the offender fails to pay the penalty within ten (10) days of receiving final written
notice of a violation, the Town in a civil action may recover the penalty. A civil penalty
may be appealed under the process provided in Section 1.12 Variances and Appeals. A
civil penalty may not be appealed if the offender received a final written notice of
violation and penalty and did not file and appeal within 30 days.
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V. Each day that any violation continues after receipt of the final written notice of such
violation shall constitute a separate violation and a separate offense for purposes of the
penalties and remedies specified herein.
vi. In addition to the penalties and remedies above, the Town may institute any appropriate
action or proceedings to prevent, restrain, correct, or abate a violation of this ordinance.
Section 5.2 Notice of Violation,
Whenever the Stormwater Administrator finds that a person has violated a prohibition or failed to meet a
requirement of this Article, the Stormwater Administrator may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
a) The performance of monitoring, analyses, and reporting.
b) The elimination of illicit connections or discharges.
c) That violating discharges, practices, or operations shall cease and desist.
d) The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property.
e) Payment of a fine to cover administrative and remediation costs.
f) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a
deadline within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will be done
by the Stormwater Administrator, or a contractor designated by the Stormwater Administrator, and the
expense thereof shall be charged to the violator pursuant to Section 5.5.
Section 5.3 Appeal.
Notwithstanding the provisions of Section 5.6 below, any person receiving a Notice of Violation under
Section 5.2 above may appeal the determination of the Stormwater Administrator under the process
provided in Section 1.12 Variances and Appeals.
Section 5.4 Abatement.
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or
in the event of an appeal under Section 5.3 within 10 days of the decision of the Appeals Officer or of the
Technical Review Committee, upholding the decision of the Stormwater Administrator, then the
Stormwater Administrator or a contractor designated by the Stormwater Administrator shall enter upon
the subject private property and is authorized to take any and all measures necessary to abate the violation
and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of
any premises to refuse to allow the Town or designated contractor to enter upon the premises for the
purposes set forth above.
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Section 5.5 Charging Cost of AbatementJLiens.
Within 30 days after abatement of the nuisance by Town, the Stonmvater Administrator shall notify the
property owner of the cost of abatement, including administrative costs. The property owner may file a
written protest objecting to the amount of the assessment with the "Town Administrator within 15 days.
The Town Administrator shall set the matter for public hearing by the Town Board of Aldermen. The
decision of the Town Board of Aldermen shall be set forth by resolution and shall be final.
If the amount due is not paid within 10 days of the decision of the Town Board of Aldermen or the
expiration of the time in which to file an appeal under this Section, the charges shall become a special
assessment against the property and shall constitute a lien on the property for the amount of the
assessment. A copy of the resolution shall be turned over to Rowan County so that the County may enter
the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax
collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land.
Section 5.6 Urgency Abatement.
The Stormwater Administrator is authorized to require immediate abatement of any violation of this
Article that constitutes an immediate threat to the health, safety, or well-being of the public. If any such
violation is not abated immediately as directed by the Stormwater Administrator, the Stormwatcr
Administrator is authorized to enter onto private property and to take any and all measures required to
remcdiate the violation. Any expense related to such remcdiation undertaken by the Stormwater
Administrator shall be fully reimbursed by the property owner and/or responsible party. Any relief
obtained under this Section shall not prevent the Stormwater Administrator from seeking other and further
relief authorized under this Article.
Section 5.7 Violations.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements
of this Article. A violation of or failure to comply with any of the requirements of this Article shall
constitute a misdemeanor and shall be punished as set forth in Town Code.
Section 5.8 Compensatory Action.
0 In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the Stormwater
Administrator may impose upon violator alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, or other appropriate actions.
Section 59 Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties herein before provided, any condition caused or
permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the
Town at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken by the Town.
Section 5.10 Acts -Potentially Resulting in a Violation of the Federal Clean Water Act
Any person who violates any provision of this Article or any provision of any requirement issued
pursuant to this Section, may also be in violation of the Clean Water Act and may be subject to the
20
sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under
this Article shall also include written notice to the violator of such potential liability.
SECTION 2. This Ordinance shall be in full force and effect on date xxxxxxxx.
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Appendix B: BMP Summary Table
1. BMPs and Measurable Goals for Public Education and Outreach
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4 5 Position
Draft articles for semi- Distribute semi-annual Town Households, Business & industry. X X X Water &
annual newsletter newsletter to all utility billing Town prints newsletter 2 times a Sewer
customers. Include articles in the year. Valuable resource for Department
newsletter that targets a specific informing citizens of Town Manager
stormwater problem and how citizens activities and programs.
and businesses can reduce their
impacts. Track the number of
articles or inserts included in the
newsletter.
2 Distribute stormwater Distribute brochures through displays Households X X X Water &
brochures through Town at Landis Town Hall. Include Town Hall is a central location for Sewer
Hall information on steps to reduce reaching Town residents. Department
pollution sources including proper Manager
disposal of oil and toxic materials,
public reporting of illicit discharges
and awareness of fecal coliform
issues. Track the number of
brochures distributed at Town Hall.
3 Informational website Develop and maintain a stormwater Households, Business & Industry X X X Town
linked to Town webpage information page for the Town-s Many businesses and homes have Administrator
internet website. Provide access to the internet and use this
information on water quality, resource as an aid in obtaining
stormwater pollutants and ways to information.
minimize them, municipal
stormwater projects and activities.
Also provide contacts for reporting
and questions. Add a counter record
the number of users.
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4 5 Position
4 Establish Reporting Establish a hotline for Households X X X Town
Hotline communication with the public. A hotline offers the public a Administrator
Track number and type of issues as resource for obtaining information
well as disposition of calls. Report and reporting violations.
annually on data gathered and issues
addressed.
5 Statewide Program for Determine if State has established a Households, Schoolchildren, X X X Director of
Education public education program fro Farmers, Business & Industry, Public Works
stormwater pollution prevention. Elderly, Hispanic, Gardeners
Track program activities within the A statewide program would avoid
1 community and report annually. duplication of effort by all Phase 2
communities in the State.
6 Coordinate with other in- Provide educational materials for Town employees. X X X Water &
house communications Town employees once a year using Town employees are responsible Sewer
tools existing distribution methods. Focus for the maintenance of an Department
on the importance of carrying out extensive portion o the storm Manager
duties without impacting clean water. sewer system and their activities
directly impact water quality.
Town employees actions are also
visible to the public and can be
used as an outreach tool.
2. BMPs and Measurable Goals for Public Involvement and Participation
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR ResponsibleT- Criteria 1 2 3 4 5 Position
I Hold Public Hearing for Conduct a public hearing presenting Households, Business & Industry NIA N/A N/A N/A N/A Town
Stonmvater Ordinance the stormwater ordinance. Valuable mechanists for Administrator
informing citizens of Town
activities and programs.
3. BMPs and Measurable Goals for Illicit Discharge and Elimination
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4 5 Position
I Develop ordinance In year 3 develop ordinance to Households, Business & Industry. X Water &
regarding illicit include illicit detection, right of Ordinances will impact all Sewer
connections entry, and prohibition of certain property within the Town. Department
discharges, enforcement actions and Manager
penalties for dumping, spills, and
willful illicit connections. Adopt by
elected officials and have copy of
ordinance in annual report file.
2 Adopt ordinance By September 2008 adopt illicit Households, Business & Industry X Town
regarding illicit connections ordinance. All property owners in the Town Administrator
connections will be subject to these
regulations.
3 Develop and distribute Prepare a fact sheet and distribute General Public X X X Water
fact sheets for public copies to Town Hall and Fire Town Hall is accessible to a wider Sewer
education program on Department for distribution. Fact audience. Department
illicit connections and sheets will focus on illicit Manager
spill management. connections and spill management.
Note date completed and number of
copies placed for distribution. This
element will be combined with the
Public Education component.
4 Train employees on how Develop program in year 3 and Town Employees X X X Water &
to inspect for illicit implement in year 4. Provide Town employees are constant Sewer
connections and establish materials to all employees in the presence and travel throughout the Department
a tracking system for Town on illicit connections, how to Town. Manager
managing reported recognize them, and develop a
problem areas. reporting procedure. Note training
method and number of employees
trained. Summarize in annual report.
LN
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4 5 Position
5 Utilize local hotline set Maintain log of hotline calls and General Public X X Water &
up under Public disposition. Note the numbers that A hotline offers the public an easy Sewer
Involvement Program for are related to illicit connections. Set mechanism for reporting possible Department
public reporting of illicit up in Year 4 and report annually. violations. Manager
connects.
6 Coordinate with local Using system map, review with Town Employees X X X Water &
wastewater program on wastewater staff potential cross Wastewater program may identify Sewer
identification of potential connections and place on hot spot list illicit discharges and connections. Department
cross connections to be included in inspection program. Manager
between sanitary sewer Report annually on the number of
and storm sewer. potential cross connection sites and
disposition of those found.
7 Identify responsible party Establish enforcement standard Town Employee X X X Director of
within organization to operating procedures in Year 3 and Ensures consistency in reporting. Public Works
manage follow-up and report on enforcement actions in each
enforcement actions. annual report. Provide SOP in
annual report.
4. BMPs and Measurable Goals for Construction Site Stormwater Runoff Control
BMP Measurable Goals Target Audience/Selection
Criteria
YR
1
YR
2
YR
3
YR
4
YR
5
Responsible
Position
I Rely on existing All plan approvals and enforcement Developers and Contractors X X X X X Water &
measures implemented actions for projects over 1 acre in All land disturbing activities. Over Sewer
through NCDENR Land size will be conducted by Rowan 1 acre are impacted. Department
Quality Section County. All plan approvals and Manager and
enforcement actions for projects I Rowan County
acre or less will be conducted by Erosion
Town of Landis. Control
0...000000000000000000000000000000000e00000•
5. BMPs and Measurable Goals for Post Construction Stormwater Management in New Development and Redevelopment
BMP Measurable Goals Target Audience/Selectiod-
Criteria
YR
1'
YR
2
YR
3
YR
4
YR
5
Responsible
Position -
I Develop ordinance for Initiate the development of standards Households, Developers, and X X X Water and
development and and practices for post -construction Contractors Sewer
redevelopment of controls. Report annually on Post -construction measures will Department
properties meeting the progress made in developing and have an impact on many Manager
minimum criteria adoption the ordinance. Adopt construction projects.
established by NCDENR, ordinance by September- 2008.
2 Establish regulatory By September 2008 adopt ordinance Households, Developers, and X X X Water &
controls for ensuring that requires the long-term Contractors Sewer
long-term maintenance of maintenance of structural controls for Adoption and implementation will Department
on -site structures. new and redevelopment projects. impact the entire community. Manager
After Board of Alderman adoption a
program will be implemented for
issuing pen -nits and compliance
monitoring and enforcement. In
annual report, identify date of
adoption, controls and procedures to
be followed. Annually report on
program status.
6. BMPs and Measurable Goals for Pollution Prevention/Good Housekeeping for Municipal Operations
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4 5 Position
l Develop training Develop program in Year 3 and Town Employees X X X Water &
materials on pollution begin in Year 4 to educate all All employees need to be aware of Sewer
prevention for public employees on clean water issues and stormwater issues and know where Department
facilities, using existing on workplace responsibilities to to direct any questions from Manager
materials gathered from reduce or eliminate pollutants from citizens.
other organizations or stormwater. Maintain program
creating new tools as annually and report on number of
needed. Educate all employees trained and subjects
employees annually on covered.
the need for controls to
protect stormwater from
exposure to potential
ollutants.
2 Provide training for those Develop program in Year 3 and Public Works Employees X X X Director of
employees that maintain beginning in Year 4 provide training Employees that maintain the stonn Public Works
the drainage systems with to all employees who maintain the sewer system need to know of new
the focus on disposal of drainage system with a focus on ordinance that impact daily
floatables, grit, sediment, floatable, grit, sediment, and disposal activities.
and other pollutants of pollutants removed from the
removed from the drainage system. Report annually on
system. number of employees trained and
subjects covered.
3 Provide training to Develop in Year 3 and beginning in Public Works Employees X X X Director of
employees that manage Year 4, provide training to all Employees that apply chemicals Public Works
and apply chemicals for employees who manage and apply need to know the proper handling
control of dust, pests, chemicals to address safe storage, and dispensing procedures.
vermin, and weeds and/or application and disposal of residual
are used to enhance the chemicals. Repeat training annually
growth or condition of throughout the permit. Report on
public landscape and number of employees trained and
recreation facilities. subjects covered.
EIMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3' 4 5 Position
4 Annually inspect vehicle Begin inspection in Year; and Public Works Employees X X X Water&
washing and fueling document findings and actions taken Employees that maintain vehicle Sewer
operations to ensure that to address any problems identified. washing and fueling areas need to Department
they are in good working Report on findings in annual permit know ordinances that impact these Manager
order and that they report. work areas.
minimize exposure of
stornwater to chemicals,
fuels, and other liquids.
5 Inspect all materials Initiate inspection of material storage Public Work Employees X X X Water &
storage facilities to facilities in Year 3 and establish Improper materials storage could Sewer
determine priority for priorities for addressing issues introduce contaminants into the Department
reducing exposure to identified. Address corrective storm sewer system. Manager
stormwater. activity in next fiscal year unless a
high hazard was identified. Report
on the number and type of sites
inspected and actions taken in each
annual report.
6 Inspect salt storage Initiate inspection of salt storage Public Works Employees X X X Water &
facility and application facilities and application equipment Proper storage keeps high Sewer
equipment annually to in Year 4. Identify problems and concentrations of salt from Department
identify and eliminate address when found. Report entering the storm sewer system Manager
exposure to stormwater annually on inspections and resulting and vehicle maintenance ensures
and/or actions. proper applications.
ineffective/inappropriate
application. Evaluate
current snow and ice
management program
and ensure that effective
measures are in place to
minimize contamination
of stonnwater.
BMP Measurable Goals Target Audience/Selection YR YR YR YR YR Responsible
Criteria 1 2 3 4• 5 Position
7 Develop standard Beginning in Year 4 develop and Public Works X X Water &
operating procedures for then implement standard operating Routine activities should be Sewer
various facilities and/or procedures for facilities and documented for reporting. Department
operations such as street operations. Annually report on Manager
sweeping activities and facilities and/or operations targeted
parking lot maintenance and results of activities.
activities to ensure that
the greatest reduction of
pollutant loading to
stormwater that can be
achieved.
8 Evaluate your procedures Beginning in Year 4 evaluate Public Work Employees X X Water &
for managing trash and garbage collection practices to Can identify problems that may Sewer
garbage collection to determine if procedures or exist with current procedures. Department
ensure that exposure of equipment adjustments need to be Manager
contaminant materials is made to address potential for
minimized. pollution of stormwater. Focus on
issues such as spills in the street,
hydraulic hose ruptures, customer
storage practices. Report on
findings and any work plan that
develops as a result.
9 Evaluate spill response In Year 3 evaluate current spill Fire Department Employees X X X Water &
program for in-house response practices and determine if Ensures that employees Sewer
activities as well as adjustments are needed to reduce the responding to spills protect Department
community response and risk of polluting bodies of water receiving waters. Manager
adjust as needed to streams, ponds, lakes). Implement
ensure highest potential recommended changes in Year 4 and
for minimizing impacts report on findings and strategies in
to stormwater. annual reports.
BMP Measurable Goals Target Audience/Selection
Criteria
YR
1
YR
2
YR
3
YR
4
YR.
5
Responsible
Position
14 Maintain inventory of Beginning in Year 3 detennine if Fire Department Employees X X X Water &
hazardous chemicals and inventory of hazardous chemicals Ensures that chemical handling is Sewer
other potentially used by the organization has been done properly. Department
hazardous materials and completed. If not, complete Manager
ensure that limited but inventory in same year. Determine
sufficient quantity of if quantities are appropriate and set
items are on hand to up standards for purchasing by end
minimize risk of spill or of Year 4.
contamination of
stormwater.
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd 03 . i 0 3
Division of Water Quality
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU`66) are both
required for the application package to be considered a complete application submittal. InEompleb application
submittals may be returned to the applicant. IA)A%Zo
i\
I. APPLICANT STATUS INFORMATION
a. Name of Public Entity Town of Landis J
Seeking Permit Coverage
b. Ownership Status (federal, Local
state or local)
c. Type of Public Entity (city, Town
town, county, prison, school,
etc.
d. Federal Standard Industrial SIC 91 - 97
Classification Code
e. County(s) Rowan
f. Jurisdictional Area (square Town Limits Area = 2.58 sq. mi.
miles) ETJ Area = 0 sq. mi. Landis does not have an EJ
g. Population Permanent 3,023 (From NC State Data Center)
Seasonal (if available) N/A
h. Ten-year Growth Rate 2.84%
i. Located on Indian Lands?
Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a. Storm Sewer Service Area
square miles
0.95 sq. mi.
b. River Basin(s) Yadkin — Pee Dee River Basin
c. Number of Primary Receiving
Streams
1. Grants Creek 2. Flat Rock Branch
3. Irish Buffalo Creek 4. Cold Water Creek
d. Estimated percentage of jurisdictional area containing the following four land use activities:
Residential 69
Commercial 7
Industrial 16
Open Space 8
Total = 100%
e. Are there significant water
quality issues listed in the
attached application report?
Yes ® No
Page 1
NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy Yes ® No
b. Local Water Supply Watershed Program Yes No
c. Delegated Erosion and Sediment Control Program Yes ® No
d. CAMA Land Use Plan Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
Complete this section only if co -permitting)
a. Do you intend to co -permit with E] Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
Name of Phase I MS4
NPDES Permit Number
c. Do you intend to co -permit Yes No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co- Yes No
rmittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
Yes ® No
b. If yes, identify each entity and the element they will be implementing
Name of Entity
Element they will implement
Contact Person
Contact Address
Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
Yes No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
NPDiES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES'stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
J#1 n
Signature
x
Name Fred teen, II
Title Mayor
Street Address 312 South Main Street
PO Box 8165
City Landis
State North Carolina
Zip 28088-8165
Telephone [phone]
Fax [phone]
E-Mail
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a. Name of Contact
Person
Reed Linn
b. Title Zoning Administrator
c. Street Address 136 N. Central Avenue
d. PO Box 8165
e. City Landis
f. State North Carolina
g. Zip 28088-8165
h. Telephone Number 704) 857-0111
i. Fax Number 704) 855-3932
j. E-Mail Address [e-mail]
Page 3
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste N/A
Management Program
N/A
b. UIC program under SDWA
c. NPDES Wastewater Discharge N/A Landis sends its wastewater to Salisbury for treatment
Permit Number
d. Prevention of Significant N/A
Deterioration (PSD) Program
N/A
e. Non Attainment Program
f. National Emission Standards for N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the N/A
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under Individual permits for Town construction projects are applied:
section 404 of CWA for as needed
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
1j i1 KfI yl iy".
Page 4
NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (not applicable)
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements (not applicable)
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
71
PEIRSON
WHITMAN
ARCHITECTS
AND
ENGINEERS,
P.
ESTABLISHED 1938
5510
MUNFORD ROAD
P.O. BOX
30398
PHONE
919/782-8300
FAX
919/783-7642
RALEIGH
N.C.
27622-0398
U,S.A.
March 10, 2003
Darren M. England
NCDENR
Stormwater and General Permits Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Re. NPDES Phase II Stormwater Program
Town of Landis (Concord Urbanized Area)
Rowan County
P&W Project No. 1748
Dear Mr. England:
Please find enclosed for your review and comment, the Town of' Land'
submittal for the NPDES Phase 11 Stormwater Program. The submittal
should include the following items:
One (1) original "Notice of Intent" permit application with check
for $80.00 payable to NCDENR and one (1) copy of the USGS
quad sheet with subject facility location
One (1) original "NPDES Stormwater Permit Application Form"
and three (3) copies of the Town of Landis' Stormwater
Management Program document
As previously discussed, the Town of Landis does not have a large staff'
and is still working out some final details of the plan document and the
delegation of responsibilities. The Town also has not presented the plan
for public review and comment. As soon as these final details are worked
out and a public hearing date set, we will resubmit an amended document
for your consideration.
Thank you for your time and consideration. If you have any questions, or
require additional information, please do not hesitate to call me.
Sincerely,
PEIRSON & WHITMAN ARCHITECTS AND ENGINEERS, P.A.
Gary M. Flowers, PE
cc. F.E. Isenhour, Jr.
Bob Wood
Linn Reed
Project File
Enclosures
STORMWATER MANAGEMENT PLAN REPORT
TOWN OF LANDIS, NORTH CAROLINA
March 2003
Peirson & Whitman Architects and Engineers
Raleigh, North Carolina
P&W Project No. 1748
TABLE OF CONTENTS
1
SECTION PAGE
1. STORM SEWER SYSTEM INFORMATION ................................................ 1
1.1. Population Served........................................................................... 1
1.2. Growth Rate................................................................................... 1
1.3. Jurisdictional and MS4 Service Areas ................................................... 1
1.4. MS4 Conveyance System.................................................................. 1
1.5. Land Use Composition Estimates........................................................ 2
1.6. Estimate Methodology. ......................................................................
1.7. TMDL Identification........................................................................... 2
2. RECEIVING STREAMS.......................................................................... 3
3. EXISTING WATER QUALITY PROGRAMS ............................................... 4
3.1. Local Programs............................................................................... 4
3.2. State programs................................................................................ 5
4. PERMITTING INFORMATION................................................................. 6
4.1. Responsible Party Contact List........................................................... 6
4.2.Organizational Chart......................................................................... 6
4.3.Signing Official................................................................................ 7
4.4. Duly Authorized Representative.......................................................... 7
5. Co -Permitting Information (not applicable) ............................................. 8
6. Reliance on Other Government Entity .................................................... 9
6.1. Name of Entity................................................................................. 9
6.2. Measure Implemented...................................................................... 9
6.3. Contact Information.......................................................................... 9
6.4. Legal Agreements (not applicable)...................................................... 9
7. STORMWATER MANAGEMENT PROGRAM ............................................. 10
7.1. Public Education and Outreach on Storm Water Impacts .......................... 10
7.2. Public Involvement and Participation.................................................... 13
7.3. Illicit Discharge Detection and Elimination ............................................. 15
7.4. Construction Site Stormwater Runoff Control ......................................... 20
7.5. Post -Construction Storm Water Management in New Development and
Redevelopment............................................................................... 21
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations............ 26
u STORMWATER MANAGEMENT PLAN REPORT
TOWN OF LANDIS
SECTION 1 — STORM SEWER SYSTEM INFORMATION:
1.1 POPULATION SERVED:
The 2001 permanent population for the Town of Landis is 3,023. This
data is from the US Census information from the North Carolina State
Data Center internet site at http://sdc.state.nc.us/.
The Town of Landis does not have a seasonal population.
1.2 GROWTH RATE:
The population growth rate for the Town of Landis is 2.84% The growth
rate was calculated by comparing the relative change in population
between 1991 and 2001 and then dividing the percent change by 10. The
1991 US Census population was 2,355; 2001 population was 3,023. The
total percent change for the 10 year period was 28.4%.
1.3 .JURISDICTIONAL AND MS4:
There are approximately 2.58 square miles within the municipal limits of
Landis. The Town does not have an ETJ outside the existing Town Limits.
The existing MS4 service area consists of approximately 0.95 square
miles within the municipal limits of Landis
1.4 MS4 CONVEYANCE SYSTEM:
1 The high density downtown and residential areas have curb and gutter
with a system of catch basins and closed pipes directing the flow to
natural drainage ditches. Low density areas are served by swales and
yard inlets that carry water via closed pipes to natural drainage ditches or
streams.
1
There are presently no periodical cleaning or maintenance programs for
the stormwater conveyance systems.
Stormwater Management Program 1
P&W Project No. 1748
1.5 LAND USE COMPOSITION:
Residential 1,140 69
Commercial 120 7
Industrial 265 16
Open Space 125 8
1.6 ESTIMATE METHODOLOGY:
The land usage percentages are based on existing land use within the
Town's municipal limits per the Zoning Map. Residential includes general
and single residential uses. Commercial includes central and general
business uses as well as office/institutional uses. Industrial uses include
light industrial and open spaces include park and lakes, in addition to
agricultural/forest areas.
1.7 TMDL IDENTIFICATION:
The Town of Landis' jurisdictional area is entirely within the Yadkin — Pee
Dee River Basin. The State has issued TMDL's for Grants Creek (12-110)
which is one of the four (4) primary receiving streams for the Town's
stormwater discharges.
2 Stormwater Management Program
P&W Project No. 1748
2
SECTION 2 — RECEIVING STREAMS:
One -hundred percent (100%) of the area drains to the Yadkin River. The
most significant receiving streams are listed below in Table No. 1.
TABLE No.1
YADKIN — PEE DEE RIVER BASIN
F,Re etvin Stream
4 Water Quallty°fr r Use 5upport,
t
F ,Water Qualtty,:,
StrearnT Segment Olassificatton zRating ;` r., amen Issues„
Grants Creek 12-110 C PS Urban Runoff/
Storm Sewers
Construction
Agriculture
Municipal Point
Sources
Flat Rock Branch 12-110-1-(2) WS-IV; CA None Listed None Listed
Irish Buffalo 13-17-9-(1) WS-III; CA None Listed None Listed
Creek
Cold Water Creek 13-17-9-4-(0.5) WS-IV None Listed None Listed
13-17-9-4-(1) WS-IV; CA None Listed None Listed
3 Stormwater Management Program
P&W Project No. 1748
3
SECTION 3 — EXISTING WATER QUALITY PROGRAMS:
3.1 LOCAL PROGRAMS:
3.1.1 SOIL EROSION AND SEDIMENTATION CONTROL:
The Town does not have a delegated, local program that provides for
the control of soil erosion and sedimentation. The Town's subdivision
ordinance, Section 13-27(H), provides that a sedimentation and
erosion control plan be prepared in accordance with the state
Sedimentation and Erosion Control Act of 1973, G.S. 113A, Article 4,
and the Rowan County Soil Erosion and Sedimentation Ordinance.
The main purposes of this ordinance is to regulate certain land -
disturbing activities to control accelerated erosion and sedimentation in
order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation.
The state and county program applies to land -disturbing activities
undertaken by any person with little exclusion. The programs include
plan approval requirements, buffer zones, penalties and other related
requirements.
3.1.2 SUBDIVISION REGULATIONS:
The Town has an ordinance in place that establishes procedures and
standards for the development and subdivision of land within the
territorial jurisdiction of the Town of Landis. The ordinance provides for
the control of surface water drainage and the control of soil erosion
and sedimentation, consistent with State and County laws and
ordinances.
3.1.3 ZONING ORDINANCE:
The Town's Zoning Ordinance has established zoning districts
throughout the Town's jurisdiction area. The ordinance sets forth a
comprehensive plan which is designed to, among other things, prevent
the overcrowding of land and to avoid undue concentration of
population.
The ordinance also includes design standards relating to surface
drainage and setbacks from streams. A 30 foot vegetated buffer is
required perpendicular and parallel to a perennial stream for all low
density developments and a 100 foot vegetated buffer is required for
high density options.
Stormwater Management Program 4
P&W Project No. 1748
3.2 STATE PROGRAMS:
The requirements of the North Carolina State Sedimentation Pollution
Control Act, G.S. 113A along with the State''s NPDES permit for
construction activities will be used to meet the minimum measures
required for construction site stormwater runoff control.
I
5 Stormwater Management Program 5
P&W Project No. 1748
1
SECTION 4 — PERMITTING INFORMATION:
4.1 TABLE NO. 2
RESPONSIBLE PARTY CONTACT LIST:
CONTACT;= ' P,QSITIONr EPHONE #,' FAX # s", ;,;" .'-IPMAIL ' ` DI Y4, RESP _N. I p
F.E. Isenhour Town 704-857-2411 704-855-3350 [e-mail] 1,2
Administrator
Reed Linn Zoning 704-857-0111 704-855-3932 [e-mail] 1,2
Administrator
Bob Wood Public Works 704-857-0131 704-855-3350 none 1,2,3,5,6
Director
NCDENR Mooresville 704-663-1699 704-663-6040 [e-mail] 4
Regional
Office
Notes:
a. Minimum Control Measures
1 — Public Education and Outreach
2 — Public Involvement and Participation
3 — Hlicit Discharge Detection and Elimination
4 — Construction Site Stormwater Runoff Control
5 — Post Construction Stormwater Management
6 — Pollution Prevention/Good Housekeeping
4.2 ORGANIZATIONAL CHART:
Town of Landis
Stormwater Responsibilities
Mayor
f Town Administrator
our, r.
L 0- rnn1s &" Krra
4" 1,nn
Public Works Director Zoning Administrator
Reed Linn
sylt-yL u1 [Cc..K.o
gr
6 Stormwater Management Program
P&W Project No. 1748
Lai
7
HMI lei I10DtxeIa9[a]ril
The Mayor of Landis is the signing official
4.4 DULY AUTHORIZED REPRESENTATIVE:
The Town of Landis' Zoning Administrator will be the stormwater program
contact until a representative is authorized by the Board of Aldermen.
Stormwater Management Program
P&W Project No. 1748
ISECTION 5 - CO -PERMITTING INFORMATION:
I
1
I
The Town of Landis will not be co -permitting with any other entity.
8 Stormwater Management Program 8
P&W Project No. 1748
1
1
1
1
SECTION 6 - RELIANCE ON OTHER GOVERNMENT ENTITY:
The Town of Landis will rely on the North Carolina Department of
Environment and Natural Resources Sediment and Erosion Control
Program and the Division of Water Quality (DWQ) general stormwater
permit for its construction related activities.
6.1 NAME OF ENTITY:
North Carolina Department of Environment and Natural Resources
6.2 MEASURE IMPLEMENTED:
Sedimentation and erosions control and enforcement pursuant to the
Sedimentation and Erosion Control Act of 1973, G.S. 113A.
6.3 CONTACT INFORMATION:
Ed Robinette
NCDENR — Mooresville Regional Office
919 N. Main Street
Mooresville, NC 28115
704) 663-1699
6.4 LEGAL AGREEMENTS:
NIA
9 Stormwater Management Program
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I
I SECTION 7—STORMWATER MANAGEMENT PROGRAM PLAN:
I
7.1 PUBLIC EDUCATION AND OUTREACH ON STORMWATER
IMPACTS:
The Town of Landis will implement a public education program to
distribute educational materials to the community or conduct equivalent
outreach activities about the impacts of storm water discharges on water
bodies and the steps that the public can take to reduce pollutants in storm
water runoff.
7.1.1 BMP SUMMARY TABLE:
Table No. 3 provides the BMP Summary Table.
7.1.2 TARGET AUDIENCE:
The target audiences for the education program will include the
general public, school children and existing utility customers. These
groups were chosen because they represent a broad cross section
of Landis' residents, businesses, industries. School children are
most impressionable and the most open to a message about
stormwater pollution prevention. Take-home materials are helpful
since they encourage discussions between children and parents
concerning stormwater issues. Utility bill inserts are also an
inexpensive, effective way to reach a large number of commercial
and industrial clients.
7.1.3 TARGET POLLUTANT SOURCES:
Public education will target residential, commercial and industrial
property owners since these represent approximately 92% of the
land use in Landis. Pollutant sources that produce trash, floatables,
chemicals and waste oils, fecal coliform and sediment /erosion will
be targeted.
Children: The message will focus on pollutant sources that
are easy to see and understand (e.g. trash, floatables) and a
basic understanding of the nature of a storm sewer system
i.e. the water that goes down a storm drain is not treated
before it discharges into the river)
Commercial/Industrial: Inform businesses and industries on
Good Housekeeping/Pollution Prevention strategies.
10 Stormwater Management Program 10
P&W Project No. 1748
1
Residential: Utility bill inserts will target homeowners with
messages directed at proper disposal of hazardous
household waste and the proper use of lawn and garden
chemicals. Faulty septic tanks and related fecal coliform
issues will also be discussed.
7.1.4 OUTREACH PROGRAM:
This program will include the following items:
Utility Bill Inserts,
1 Information packets, brochures or fact sheets for general
public and specific audiences (school children),
Quarterly Newspaper articles,
7.1.5 DECISION PROCESS:
The public education and outreach program was developed in
response to the NPDES Phase II Stormwater Program
requirements. The program, which represents the best balance
between cost and effective education, will emphasize the impacts
of urban stormwater runoff and how the public can take an active
role in reducing stormwater pollution. While other outreach and
education options may be explored in the future, the BMP's chosen
represent well proven methods by which the Town communicates
with its citizens.
7.1.6 EVALUATION:
The Town will annually review all measurable goals to determine if
they are being met and if the chosen BMP's are still the best
choice to obtain the overall objective.
11 Stormwater Management Program 11
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M M M M M M M M M M = M M M M M M M M
TABLE No. 3
BMP's and MEASURABLE GOALS FOR
PUBLIC EDUCATION AND OUTREACH
TOWN OF LANDIS
ou Mdasurab e,,Godlls' R7,4,IM R j R:__
I
ptYResponsible
7 n 7
P ;A
1 Town Develop a series of editorials for the Town
Administrator's local newspaper. Track the number of x x x x x Administrator
Editorial editorials and stormwater issues
addressed.
2 Information Develop and include specific
packets for school stormwater literature in an information
children packet for distribution to area school
children. The literature would include Zoning
basic, age -level stormwater x x x x x Administrator
information they could take home to
parents. Track the number of packets
provided and the number of children
reached.
3 Utility Bill Inserts Include stormwater specific topics as
inserts to Utility Bills, Track the x x x x x Town
number of topics and the number of Administrator
I I inserts distributed
12 Stormwater Management Program 12
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I
7.2 PUBLIC INVOLVEMENT AND PARTICIPATION:
To meet the minimum requirements for public participation, this permit will
be submitted for public hearing on a date to determined.
A public education and outreach program will be developed within the first
2 years of the permit in order to reach out and engage all ethnic and
economic groups and provide opportunities for the public to participate in
program development and implementation.
7.2.1 TABLE NO. 4
BMP's and Measurable Goals for Public Involvement and Participation
Meas%isiatile Goals" i YR i'YR rYR YR'Mr—, as Responsiblear6
ositionlPalrty'
1 Public Hearing The Town will hold a duly X Board of Aldermen
advertised public hearing
date TBD) for the purpose
of gathering public
comments on the Town's
NPDES Phase II
Stormwater Permit and
management program.
Copies will be matte
available to the public at the
Town Hall and at the
hearing itself.
2 On -going public Include information X X X X X Town Administrator
involvement regarding public Zoning Administrator
activities involvement activities in the
Public Education BMP's
such as "Adopt A Strom
Drain" program (table 7.1).
Report annually on public
involvement opportunities
available.
13 Stormwater Management Program
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13
1 7.2.2 TARGET AUDIENCE:
Homeowners,
Schools,
Environmental groups,
Commercial businesses,
Industries
7.2.3 PARTICIPATION PROGRAMS:
Public hearings: Input from the public would be sought
concerning the Stormwater Management Program and associated
ordinances.
Public meetings: These would allow for input from citizens
concerning the development and implementation of stormwater
policies and management practices.
Volunteer educators and/or speakers: These volunteers
could conduct workshops and special events.
Storm drain stenciling: This is an important and simple activity
that concerned citizens and students can do.
Community clean-ups: These events can be used to clean up
along streams and around storm drains.
Citizen watch groups: These citizens can aid the Town
and local law enforcement in the identification of illicit discharges
and polluters.
Adopt A Storm Drain " program: This type of programs
would encourage individuals or groups to keep storm drains free of
debris and to monitor what is entering local waterways through
storm drains.
7.2.4 DECISION PROCESS:
The Town has selected these BMP's because they represent the
most effective way for Landis to reach its citizens with stormwater
related issues and to involve everyone in the decision making
process. These BMP's also include public participation which is
critical in smaller communities - with limited resources and
manpower.
7.2.5 EVALUATION:
The Town will annually review all measurable goals to determine if
they are being met and if the chosen BMP's are still the best
choice to obtain the overall objective.
14 Stormwater Management Program 14
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7.3 ILLICIT DISCHARGE DETECTION AND ELIMINATION:
1
15
It is required to develop, implement and enforce a program to detect and
eliminate illicit discharges.
7.3.1 BMP SUMMARY TABLE:
Table No. 5 provides the BMP Summary Table.
7.3.2 STORM SEWER SYSTEM MAP:
The Town proposes to start with the existing map of the Town and
over the period of the permit to add to it the location and type of
storm water facilities. The map would eventually include storm
water components such as pipes, culverts, catch basins, yard
inlets, junction boxes, manholes and outfall mains. It is estimated it
will take up to three (3) years to complete this map.
The first step would be to collect all existing information on the
location of storm sewers from the Town's archives, such as
previously approved soil and erosion control and subdivision plans.
Field surveys would then be made to verify the locations.
The second step would be to divide the jurisdictional area in areas
and make field surveys to locate the remaining outfalls. This would
include wading through small receiving streams for visual
observations.
The storm sewer map would continue be updated from soil and
erosion control and subdivision plans
7.3.3 REGULATORY MECHANISM:
Over the next 2 years, the Town proposes to develop a
comprehensive ordinance prohibiting illicit discharges. The
ordinance will provide for definition and prohibition of illicit non-
stormwater discharge, including inspection for and eliminating such
discharges.
7.3.4 ENFORCEMENT:
The Illicit Discharge Ordinance would have a penalties section
similar to that of the existing Soil Erosion and Sedimentation
Control Ordinance.
Stormwater Management Program 15
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I A civil penalty would be levied for any person who violates any of
the provisions of the ordinance punishable with a fine.
Criminal penalties would be levied for any person who knowingly or
willfully violates any of the provisions of the ordinance. Those
persons would be guilty of a misdemeanor punishable by
imprisonment or by a fine, or both.
r rx C] 1,1 I l . W ll`Is L L`_E
Existing illicit discharges including illegal dumping would be
detected during the field surveys required for preparing the storm
sewer map. During the mapping process, any illicit discharges
detected will be brought to the attention of the property owner for
corrective action.
7.3.5.1 PRIORITY AREAS:
The downtown area of the Town is the oldest area that has
both storm sewers and sanitary sewer systems. This area
would be targeted for smoke testing to locate any cross
connections between the storm and sanitary sewer systems.
7.3.5.2 SOURCE TRACING:
Visual inspections would be the first method to locate a
suspected illicit discharge. The Illicit Discharge Ordinance
would include authority to enter by the Public Works Director
or his designee for the purposes of observation, inspection,
monitoring or repair of a storm sewer system.
Another method would be water quality sampling in the field
to help determine the source. Chemical test such as
chlorine, copper ammonia and phenols can be preformed in
the field. Other sampling can be analyzed by the laboratory
at the Town's wastewater treatment plant or by a certified
laboratory.
iSmoke testing and dye tracing are other techniques that
would be used to help determine the source of pollution.
7.3.5.3 REMOVING THE SOURCE:
Should any illicit discharge be identified, the Zoning
Administrator would give notice in writing to the owner of the
16 Stormwater Management Program 16
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property on which the violation exist, and require the
violation to be remedied within a reasonable amount of time.
7.3.5.4 EVALUATION:
The number of illicit discharges/connections found and
notified, and the number of those corrected will be
documented.
7.3.6 NON - STORMWATER DISCHARGES:
A list of illicit discharges would be developed and included in the
ordinance. The list would include but not be limited to the following:
Sanitary wastewater,
Effluent from septic tanks,
Car wash wastewaters
Improper oil disposal,
Radiator flushing disposal,
Laundry wastewaters,
Improper disposal of auto and household toxics,
Materials that are inflammable or explosive,
Materials that are toxic to plant or animal life,
Materials that may obstruct or impede the free flow of
surface water.
7.3.7 NON ILLICIT DISCHARGES:
A list would also be developed of categories of non -storm water
discharges of flows that the plan does not need to address. The list
would include but not be limited to the following:
Water line flushing,
Landscape irrigation.
Diverted stream flows,
Rising ground waters,
Uncontaminated ground water infiltration,
Uncontaminated pumped ground water,
Discharges from potable water sources,
Foundation drains,
Air conditioning condensation,
Irrigation water,
Springs,
Water from crawl space pumps,
Footing drains,
Lawn watering,
17 Stormwater Management Program 17
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Individual residential car washing,
Flows from riparian habitats and wetlands,
Dechlorinated swimming pool discharges, and
Street wash water.
7.3.8 OUTREACH:
It would be necessary to educate elected officials, municipal
employees, businesses, property owners and the general public of
what is an illicit discharge and how to eliminate them. Such
educational programs would include but not be limited to the
following:
Information brochures for specific audiences;
Utility bill inserts,
Develop a program to publicize and facilitate public reporting
of illicit discharges;
Recruit and coordinate volunteers to locate and stencil storm
sewers;
Flyers on recycling; and
Public service announcements on local radio stations.
7.3.9 DECISION PROCESS:
The goal of the objective of the Storm Water Illicit Discharge and
Elimination Program is to prohibit illicit non -storm water discharges
to the Town's storm water system, require the removal of illicit
connections and prevent improper disposal of waste and materials
that degrade water quality. The approach was developed as the
most effective way to meet the program requirements, given
Landis's funding and manpower limitations
7.3.10 EVALUATION:
The Town of Landis will annually review all measurable goals to
determine if they are being effectively met and if the BMP's chosen
still represent the best choice to attain the overall objective.
I
18 Stormwater Management Program 18
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M M M M M M M M M M M M M M
TABLE No. 5
BMP's and MEASURABLE GOALS FOR
ILLICIT DISCHARGE DETECTION AND ELIMINATION
TOWN OF LANDIS
BMP Measurable Goal's - " YR rrtYR YR k YR= x.YR Resporisi!616
ositio rilPartyA .A vF..a,
1 Storm Sewer Map Develop the storm sewer map. The X X X X Public Works
map will be prepared using Director
conventional surveying of GPS and
will be completed over years 2-5. Zoning
Administrator
2 Education Implement the educational outreach X X X X X
programs that would provide what an Zoning
illicit discharge is, the hazards and Administrator
how to respond to them and eliminate
them.
3 Illicit Discharge Develop an ordinance prohibiting illicit X X Board of
Ordinance discharges. Aldermen
4 Train employees Good housekeeping seminars and X X X X
to inspect for and other specific training will teach staff
identify illicit methods for recognizing illicit
discharges discharges and connections, as well
as appropriate response measures.
19 Stormwater Management Program 19
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7.4 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL:
The Town of Landis will rely on the North Carolina Department of
Environment and Natural Resources Sediment and Erosion Control
Program, Rowan County and the Department of Water Quality general
stormwater permit for its construction activities to meet this requirement.
20 Stormwater Management Program
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7.5 POST -CONSTRUCTION STORM WATER MANAGEMENT IN NEW
DEVELOPMENT AND REDEVELOPMENT:
The Town of Landis will develop, implement and enforce a program to
manage post -construction stormwater discharges. An ordinance or other
regulatory mechanism shall be adopted to address post -construction
runoff from new development and redevelopment projects. The program
will begin implementation by March 10, 2005.
The post -construction program shall apply to all new development projects
that cumulatively disturb one acre or more, and to projects less than an
acre that are part of a larger common plan of development or sale. The
post -construction program shall apply to all redevelopment projects that
cumulatively disturb one acre or more, and to projects less than an acre
that are part of a larger common plan of development or sale.
The program shall require all subject projects (as defined above) to apply
for locally issued permit coverage under one of the following stormwater
management options:
t Low Density Projects. Projects shall be permitted as low density if
the project meets the following:
1) No more than 2 dwelling units per acre or 24 percent
built -upon area (BUA) for all residential and non-
residential development;
2) Stormwater runoff from the development shall be
transported from the development by vegetated
conveyances to the maximum extent practicable:
3) All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. For the
purpose of this Rule, a surface water shall be present if
the feature is approximately shown on either the most
recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United
States Department of Agriculture or the most recent
t 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); and
4) The permit shall require recorded deed restrictions and
protective covenants to ensure that development
activities maintain the development consistent with the
approved project plans.
21 Stormwater Management Program 21
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I
1 22
High Density Projects. Projects exceeding the low density
threshold (established above in low density section) shall
implement stormwater control measures that:
1) Control and treat the difference in stormwater runoff
volume leaving the project site between the pre and post
development conditions for the 1 year 24 hour storm.
Runoff volume drawdown time shall be a minimum of 24
hours, but not more than 120 hours;
2) All structural stormwater treatment systems used to
meet the requirements of the program shall be designed
to have an 85% average annual removal for Total
Suspended Solids:
3) General Engineering Design.Criteria for all projects shall
be in accordance with 15A NCAC 2H .1008(c);
4) All BUA shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. For the
purpose of this Rule, a surface water shall be present if
the feature is approximately shown on either the most
recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United
States Department of Agriculture or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are not
present in accordance with the provisions of 15A NCAC
2B .0233 (3)(a); and
5) The permit shall require recorded deed restrictions and
protective covenants to ensure that development
activities maintain the development consistent with the
approved project plans. The changes in deed restrictions
and protective covenants shall supercede all existing
restrictions and covenants.
7.5.1 BMP'S: POST -CONSTRUCTION STORMWATER MANAGEMENT
Table No. 6 provides the BMP Summary Table.
7.5.2 OPERATION AND MAINTENANCE:
To ensure the adequate long-term operation and maintenance of
the structural BMP's required by the program, it shall be required
that the owner of a permitted structural BMP, submit annually to the
local program, a maintenance inspection report for each structural
Stormwater Management Program 22
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BMP. The inspection must be conducted by a qualified
professional; and
7.5.3 FECAL COLIFORM:
A program shall be developed to control, to the maximum extent
practicable, the sources of fecal coliform. This program will be
coordinated with the Rowan County Health Department.
7.5.4 NON-STRUCTURAL BMPs:
The Town of Landis directs growth to identified areas, protects
sensitive areas, provides buffers along sensitive water bodies and
minimizes disturbance of soils and vegetation through adopted land
use plans and by policy or ordinance.
Land Use Plan
Zoning and Development Overlay Districts to protect area
watersheds
Buffer and landscape requirements for new development
A 30 foot vegetated buffer for low density option and 100
foot buffer for high density options required for perennial
streams
7.5.5 STRUCTURAL BMPs:
The zoning ordinance water supply watershed regulations require
that all high -density, non-residential development contain
engineered stormwater control devices, approved by the Town, to
control the runoff from the first inch of rainfall.
7.5.1 REGULATORY MECHANISM:
Post -construction runoff will be addressed through a local
ordinance. Amendments to the Town's subdivision ordinance will
be required for post -construction management and the relevant
portions of the Stormwater ordinance will be incorporated in
existing documents by reference. The Ordinance will be developed,
reviewed and adopted'by the Landis Board of Aldermen by March
10, 2005.
7.5.2 OPERATION AND MAINTENANCE:
The Town contends that all long-term maintenance activities of on -
site BMP's are the responsibility of the property owner or
23 Stormwater Management Program 23
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1
24
homeowner association. The current reporting, notification and
enforcement process will be updated to provide more effective
corrective action against owners in violation of the set standards.
The program will coordinate with the Rowan County Health
Department to assess measures to control sources of fecal
coliform.
7.5.3 DECISION PROCESS:
The priority of the Town is to meet the minimum stormwater
program requirements by March 10, 2005, The Town's Zoning
ordinance already contains some rules similar to Phase II rules
watershed overlay district requirements), so a program that meets
minimum requirements can be easily developed and implemented.
7.5.4 EVALUATION:
The Town of Landis will annually review all measurable goals to
determine if they are being effectively met and if the BMP's are still
the best choice to attain the overall objective. Any changes will be
proposed and submitted to the DWO in the annual report.
Stormwater Management Program 24
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TABLE No. 6
BMP's and MEASURABLE GOALS FOR
POST -CONSTRUCTION STORM WATER MANAGEMENT
NEW DEVELOPMENT AND REDEVELOPMENT
TOWN OF LANDIS
on naMfflRN a,
k ` . k 1 y .; 4 5 ASP rfwostonlPa
1 Review existing Reference the State model ordinance and X X Zoning
ordinances and BMP design criteria and add to existing Administrator
incorporate development ordinance requirements.
requirements for Document procedures and report on all Public Works
development into ordinances reviewed and incorporated into the Director
Stormwater Ordinance new Stormwater Ordinance.
Board of
Aldermen
2 Implement long-term Develop and maintain a program that requires X X X Public Works
maintenance program yearly inspection and certification of on -site Director
for structural BMP's BMP's. The program will address yearly
inspection controls and procedures, as well as Zoning
corrective actions and penalties. Starting Administrator
March 10, 2005, track the number of BMP's
inspected and certified, notifications and fines
assessed. Report annually on program
progress.
3 Septic System Establish a program to inform the public about X X X Public Works
oversight program the proper operation and maintenance of on- Director
site wastewater treatment systems for
domestic wastewater. Coordinate efforts with
the Rowan County Health Department. Track
the number and frequency of messages
circulated.
25 Stormwater Management Program 25
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1
7.6 POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR
I MUNICIPAL OPERATIONS:
The Town of Landis will implement an operation and maintenance
program that includes a training component and has the ultimate goal of
preventing or reducing pollutant runoff from municipal operations.
The program will include employee training to prevent and reduce storm
water pollution from activities such as park and open space maintenance,
fleet and building maintenance, new construction and land disturbances,
and storm water system maintenance.
7.6.1 BMP SUMMARY TABLE:
See Table No. 7 for BMP's and measurable goals for Pollution
Prevention and Good Housekeeping measures.
7.6.2 AFFECTED OPERATIONS:
The Town of Landis is applying for permits for the Public Works
Building which includes the following activities:
Vehicle Equipment and Maintenance
Material Storage Yard
Equipment Storage
1 7.6.3 TRAINING:
Municipal employee training will be held yearly beginning in year
three. Particular emphasis will be placed on the Public Works
Department and target automotive fluids, chemical application and
disposal, mowing and clearing activities, etc. Information materials
available from the State will be used to inform Town employees
about stormwater, how to report violations and good housekeeping
measures for municipal operations. Training will also be available
from other sources such as the Fire Department.
7.6.4 MAINTENANCE AND INSPECTIONS:
The Town will implement Standard Operating Procedures for its
facilities that cover the correct methods of conducting individual
operations at the facility. Currently, the Town cleans the storm
sewer facilities as needed, but it is hoped that a schedule of regular
preventative maintenance can be set up in the first permit term.
26 Stormwater Management Program 26
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7.6.5 VEHICULAR OPERATIONS:
Vehicle maintenance is performed in an enclosed garage. Materials
are also stored under a permanent structure. Vehicle fuel is stored
in above -ground storage tanks within an appropriate containment
structure.
7.6.6 WASTE DISPOSAL:
All waste collected from the storm sewer system is collected and
hauled to the local landfill by Town staff.
7.6.7 FLOOD MANAGEMENT PROJECTS:
The Town of Landis currently institutes a National Flood Insurance
Flood Damage Prevention Ordinance to promote the public health,
safety and welfare and to minimize public and private losses due to
flood conditions in specific areas.
7.6.8 EXISTING ORDINANCES:
Existing Town ordinances and programs are subject to review by
Staff and the Board of Aldermen.
7.6.9 DECISION PROCESS:
A pollution prevention plan will be developed and implemented by
recognizing existing policies and procedures that impact water
quality and addressing each individually. Factors to consider in
t implementing the BMP's will be employee training, current
operating procedures and documenting current functions of Town
municipal operations that affect water quality.
7.6.10 EVALUATION:
The Town of Landis will annually review all established measurable
goals to determine if they are being effectively met and if the BMP's
are still the best choice to attain the overall objective. Any changes
will be proposed and submitted to the DWQ in the annual report.
27 Stormwater Management Program 27
P&W Project No. 1748
TABLE No. 7
BMP's and MEASURABLE GOALS FOR
POLLUTION PREVENTION 1 GOOD HOUSEKEEPING
MUNICIPAL OPERATIONS
TOWN OF LANDIS
BMP t .Measufabl Goal's `1fRm;7R Y 33" 4' 5,PositionlParty
1 Develop training Development and implement program X X X Public Works
programs for to educate all employees on clean Director
pollution water issues, workplace
prevention at responsibilities and proper disposal of
public facilities pollutants. Train employees who
maintain drainage system on removal
of floatables, grit and sediment from
drainage system. Train employees on
proper storage, application and
disposal of chemicals. Maintain
annual training seminars and report
on the number of employees trained
and subjects covered.
2 Annually inspect Annual inspection to minimize X X X Public Works
vehicle washing exposure of stormwater to chemicals, Director
and fueling fuels and other liquids. Report findings
operations, in annual report
material storage
areas
3 Develop standard Develop and implement standard X X Public Works
operating operating procedures for facilities that Director
procedures for do not require an annual NC General
Town facilities Permit for stormwater runoff.
28 Stormwater Management Program 28
P&W Project No. 1748
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1f11 A TiF Michael F. Easley, Governor
O
0 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
7
r Alan W. Klimek, P.E., Director
O
Division of Water Quality
11/6/2002
rHE TOWN OF LANDIS
FREI) Si'EEN II, MAYOR
P.O. BOX 8165
LANDIS, NC 28088-8165
Subject: NPDES Phase II Stormwater Program
Fred Steen 11:
In 1990 the U.S. Environmental Protection Agency's (EPA) Phase I stormwater program was promulgated under the
Clean Water Act. Phase 1 relies on National Pollutant discharge Elimination System (NPDES) permit coverage to
address stormwater runoff from: (1) "medium" and "large" municipal separate storm sewer systems (MS4s) generally
serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten
categories of industrial activity. The NPDES Stormwater Phase 11 Final Rule was promulgated in December 1999 and is
the next step in EPA's effort to preserve, protect, and improve the Nation's water resources from polluted storm water
runoff. The Phase 11 program expands the Phase I program by requiring additional operators of MS4s in urbanized areas
and operators of small construction sites, through the use of NPDES permits, to implement programs and practices to
control stormwater runoff. Phase lI is intended to further reduce adverse impacts to water quality and aquatic habitat by
instituting the use of controls on the unregulated sources of stormwater discharges that have the greatest likelihood of
causing continued environmental degradation.
The NPDES Stormwater Phase I1 Final Rule requires nationwide coverage of all operators of small MS4s that are
located within the boundaries of a Bureau of the Census defined "urbanized area" based on the latest decennial Census.
We are writing to you to remind you that the Town of Landis has been identified as being located within a census
designated urbanized area in both the 1990 and 2000 decennial census. As a regulated community, you are required to
develop a stormwater management program and apply for stormwater permit coverage, if you own and operate a small
MS4 or file a certification that the Town of Landis does not own or operate a small MS4. The deadline for submitting
your application package or non -ownership certification is March 10, 2003. Application and certification documents, as
well as additional information on the NPDES stormwater program, are available for download at our web site. Our web
address is http://h2o.enr.state.nc.us/su/stormwater.htmi. You may also contact us for hard copies of the documents. If
you have any questions about this letter, please feel free to contact me (919-733-5083, ext.525) or Darren England
919-733-5083, ext. 545)
Sincerely,
Bradley Bennett, Supervisor
Stormwater and General Permits Unit
cc: Central Files
Stormwater and General Permits Unit Files
Mooresville Regional Office
eMA
ENNCDR
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1-So0-623.7748