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HomeMy WebLinkAbout01_Ordinance 30-12-7 Stormwater Management30-12-7 Stormwater Management Resources Stormwater Drainage Standards NC Division of Water Quality Stormwater BMP Manual (Manual) Storm Drainage Design Manual (Manual) Stormwater Management Manual (Manual) 30-12-7.1 General A. Purposes and Objectives The regulations of this section are intended to protect and promote the public health, safety and welfare by preventing the introduction of potentially harmful materials into the city storm sewer system; to protect property from potential stormwater damage; to maintain and enhance water quality; and to meet the requirements in the City's National Pollutant Discharge Elimination System Permit for Stormwater Discharges. Other specific objectives of these regulations are to: 1. provide for the enforcement of the city's stormwater quality management program; 2. reduce the discharge of pollutants to the storm sewer system to the maximum extent practicable by requiring, where appropriate, the use of best management practices, structural and/or nonstructural stormwater quantity .................................................................................... and quality control measures and other provisions; 3. provide for the inspection and proper maintenance of structural and nonstructural stormwater controls and the municipal separate storm sewer; 4. prohibit non-stormwater discharges to the city storm sewer and require the removal of illicit connections to the city storm sewer; 5. prevent improper disposal of materials that degrade water quality; ......................... 6. permit sampling and monitoring for pollutants such as those associated with illicit discharges, improper disposal, industrial and construction activities, and the application of pesticides, herbicides, and fertilizers; and 7. reduce erosion associated with stormwater runoff. B. Applicability The regulations of this section apply govern the development and use of land and structures within the corporate limits of the city. C. Right -of -entry 1. The Water Resources Director has the right -of -entry on or upon the property of any person subject to this chapter and any permit/document issued hereunder. The Water Resources Director must be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this chapter. 2. Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person must make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Water Resources Director will be permitted to enter without delay for the purposes of performing specific responsibilities. 3. The Water Resources Director has the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations. 4. Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the Water Resources Director. The costs of clearing such access must be borne by the person. 5. The Water Resources Director may inspect the facilities of any user in order to ensure compliance with this chapter. Such inspection requires the consent of the owner, manager, or signatory official. If such consent is refused, the Water Resources Director may seek issuance or an administrative search warrant. D. Assessments 1. Property owners of single-family homes, townhouses and condominium properties can request that City Council ............................................................................ approve a resolution that allows stormwater improvement costs to be assessed against the property as a lien. 2. The City Council is authorized to determine which stormwater improvements inside the city will be provided and the type of solution, either piping or non -piping, for the improvement. The City Council likewise has the authority to determine the amount of construction cost to be borne by the abutting property owners and the amount to be ......................... borne by the city. 3. The assessment formula for stormwater improvements using a piping solution must be set at a rate that recovers 100% of the construction cost, including engineering, labor and materials of a 15-inch stormwater pipe or a rate not to exceed 50% of the total project cost, whichever is less. The assessment formula for stormwater improvements using a non -piping solution must be set at a rate of 10% of the cost, including engineering, labor and materials. The assessment rate must be reviewed for any necessary adjustments once a year in coordination with the annual budget process. 4. Upon receiving notice of completion of a stormwater management project, City Council must confirm all assessment obligations in the project and must call for advertisement of assessment obligations in a local newspaper published at least weekly and that is generally available to citizens. Such advertisement must run within 45 days following the date of confirmation and must inform that all listed assessment obligations may be fully .............. satisfied, without interest, if payment -in -full of the total principal balance is received by the tax collector within 90 days following the date of confirmation. .............. 5. Assessment accounts not paid in full within 90 days following the confirmation date must be scheduled for .............. payment in substantially equal installments, plus interest on the whole unpaid principal balance. Such interest must be computed from the date of confirmation at a rate fixed in the assessment resolution, with the rate not exceeding the maximum allowed by law. The first installment is due and payable no later than 365 days following confirmation, with subsequent installments being due and payable on the regular and sequential cycle of the installment frequency (monthly, quarterly, semi-annually or annually) elected by the obligee and with the final installment being due and payable by not later than one 120 months after the confirmation date. 6. If the obligee expresses no preference regarding payment frequency, the assessment obligation will be scheduled for payment in 10 annual installments. Upon approval of the tax collector, the frequency of payment for existing assessment accounts may be changed for the economic and budgetary convenience of the obligee, with the first such change being granted without charge and with subsequent changes being granted with a transaction fee of $35.00. 7. At any time after the first 90 days in the life of an assessment account, the full principal balance may be paid in full with all accrued interest and without early payoff penalty. (Amended by Ord. 10-161 on 12/1/10) 30-12-7.2 Commercial and Residential A. New Development 1. Drainage a. It is the duty of all property owners, in order to abate and prevent nuisances resulting from improper drainage, ...................... to provide at their own expense a proper and adequate drainage system of their respective premises, such drainage system to conform to the design established by the city. b. Rainwater leaders may not extend beyond the building or property line, but rather must be built in chases or on the inside of the wall, and may not empty on any street or sidewalk. .......................... c. No person may construct or install any ditch, pipe or other device for the diversion or transmission of storm ..................... drainage that will in any way affect the operation or maintenance of city street, water, sanitary sewer or storm sewer facilities without a permit issued by the Water Resources Director upon a finding that such city facilities will not be adversely affected by such construction or installation. d. Maintenance In accordance with city policy the developer is responsible for establishing proper connections with existing storm sewer lines and bears ultimate responsibility for the correction of any problems associated with that connection. (See Roadway and Utility Design Manual) 2. Additional Requirements a. Parking Lot Construction and Paving No new parking lot, loading dock construction, or the construction of similar structures or the grading/or ................................. paving of existing parking lots, loading docks, or similar structures may be undertaken until the developer _................................. .............................. obtains a permit from the city. The site must be inspected before, during and after construction. Any violation of the permit will result in permit revocation and cessation of construction until the violations are corrected. b. Stormwater Management The design, construction, and maintenance of Stormwater improvements to meet the requirements of 30-12- 7.2(B) must comply with the Stormwater Management Manual the specifications and requirements of which are hereby adopted and made a part of this chapter as if set out in full. c. Development Policy Manual RESERVED d. Responsibility of Property Owner It is the responsibility of the property owner to correct drainage controls on individual properties that do not .................... function properly or are not constructed according to their design. e. New Storm Drainage Design and Construction All new storm sewer infrastructure must be constructed according to the Storm Drainage Design Manual. B. Stormwater Management Control Requirements I.Purpose These stormwater management control requirements are intended to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased stormwater runoff associated with new development or redevelopment within the city. ........................................ Additionally, this section requires development that drains in whole or in part to waters with special designation such as NSW or impaired waters assigned a Total Maximum Daily Load (TMDL) by North Carolina DWQ, to be designed using best management practices, up to and including the installation of engineered stormwater controls, that reduce nutrients or other pollutants of concern, to the maximum extent practicable, while still meeting other requirements of this section. Proper management of stormwater runoff, including the provision of stream buffers, ............................................ will minimize damage to public and private property, promote a functional storm drainage system, reduce local flooding and drainage problems, and maintain, to the extent practicable, the pre -developed stormwater runoff characteristics of the developed site. 2. Applicability The stormwater management control requirements of this subsection (30-12-7.2(B)) apply to the following type of developments. ........................................... a. All sites containing new development and/or redevelopment including grading, paving, gravel placement, and ....................................................... construction of buildings and other structures within the corporate limits and the extraterritorial jurisdiction of the city. b. The construction and installation of new public improvements by federal, state or local government agencies shall comply with the provisions of this section to the extent practicable unless the federal, state or local government agency has a National Pollution Discharge Elimination System (NPDES) stormwater permit that applies to the project site. 3. Participation in a Regional Stormwater Control Program See 30-12-3.5 4. Stormwater Management Plan See 30-4-15.6(B) 5. Stormwater Quantity and Quality Improvements See 30-12-3.7 6. Stream Protection Requirements See 30-12-3.9 7. Stormwater Management Requirements a. Minimum stormwater management requirements for all new development and redevelopment must consist of _..................................................... runoff control measures necessary to control runoff to a level that will not cause increased off -site quantity problems as specified in 30-12-7.2(B)7)b) and 30-12-7.2(B)7)c) below. b. Quantity Control Requirements i. The engineer must provide a certification that the subject development or redevelopment would not cause ........................................ increased off -site flooding, drainage, or erosion problems. Determination of impacts must be based on ......................... ..................... hydrologic and hydraulic engineering studies extending downstream to a point where the proposed site development or redevelopment represents less than 10% of the total drainage area or watershed. The studies must be based on an analysis of both 2- and 10-year storm events. (see Stormwater Management Manual). ii. If it is determined that the development of the subject site does contribute to flooding, drainage or soil erosion problems at any location between the proposed development site and the 10% downstream point then stormwater quantity control improvements must be implemented. The stormwater quantity control improvements must limit the 2-year and 10-year post -development peak discharge rates to pre - development peak discharge rates, to minimize increased flooding, drainage, and erosion problems. These improvements may consist of nonstructural approaches such as natural swales, depressions in the land and other natural approaches, or structural approaches such as detention structures (wet and dry basins), extended detention facilities and alternative best management practices with provisions for stormwater ..................................................................................... quantity control. A combination of nonstructural and structural approaches is encouraged. iii. For stormwater management improvements that are proposed to be implemented to meet the quantity control requirements of this section, a hydrologic -hydraulic analysis of the site drainage system in the pre - development condition and the post -development condition must be performed. The analysis should be included with the stormwater management plan and should demonstrate that the quantity control requirements stated in 30-12-7.2(B)7)b) will be achieved by the proposed improvements. These improvements are subject to review and approval by the Water Resources Director. c. Developments that meet the requirement for being identified as an integrated multiple use developments, planned unit developments, phased developments or group developments can meet the requirements of 30- 12-7.2(B)6) at the point the discharge leaves the overall property. 8. Master Plan Requirements It is the intent of the city to produce stormwater quantity and quality management master plans to guide the design and development of the drainage system for all of the major sub -watersheds and watersheds in the city. Where such master plans are available and approved by the City Council, site development projects are to conform to the stormwater management guidance and standards available in said master plans. 9. Additional Requirements If site characteristics indicate that complying with the minimum stormwater management requirements of this section will not provide adequate designs or protection for local residents, and downstream property, it shall be the site designer's responsibility to exceed the minimum requirements as necessary. 10. Exempt Activities The following activities are exempt from the requirements of 30-12-7.2(B)7). However, any restrictions upon building location, drainageways, pavement, or other built -upon area, or any other matter appearing on any ................................................................................................................ previously approved development plan covering the subject property, shall be complied with unless and until replaced by an approved revised plan. a. Individual single-family housing on an individual lot. b. Replacement of existing built -upon area with like or lesser amount of new built -upon at the same location, or at a different location on the same zone lot if the Water Resources Director has determined that equal or improved stormwater management will result. c. Placement of small accessory buildings or structures or small amounts of additional built -upon area provided _......................................................... _......... ............ .... .... that the total additional built -upon area is no greater than 400 square feet. d. Activities exempt from permit requirements of Section 404 of the federal Clean Water Act, as specified in 40 CFR 232 are exempt from watershed requirements of this ordinance. Stream buffer requirements for ongoing .......................................... farming and forestry activities will be implemented and enforced by the Division of Water Quality. (Amended by Ord. 10-161 on 12/1/10) 30-12-7.3 Illicit Discharges and Improper Disposal A. Prohibited Discharges 1. Illicit Connections a. It shall be unlawful to use any stream or watercourse to carry off water from any kitchen sink, bathtub or privy, ..................... or to carry off any fluid of an offensive or dangerous nature. No water or refuse from any industrial, commercial or institutional process, including uncontaminated water used for heating or cooling, shall be discharged in any stream or watercourse by any person until such person has obtained the appropriate local, state and federal ..................... permits. b. Street and Utility Construction i. Plans When required, construction and utility plans for all public or private street and water, sanitary sewer, and storm sewer facilities shall be submitted to the city following conditional approval or approval of the site plan. For each phase of the site plan, construction and utility plans shall include all improvements lying within or adjacent to that phase and all water, sanitary sewer, and storm sewer lines lying outside that phase and being required to serve that phase. ii. No construction Without Plan Approval None of the improvements listed above shall be constructed until the construction and utility plans for such improvements have been reviewed and approved by the city. iii. Inspections Work performed pursuant to approved construction and utility plans shall be inspected and approved by the city. c. It shall be unlawful, willfully or negligently to injure, deface, mutilate, destroy, tamper or interfere with any city - owned property or any property used in the city's water, sanitary sewer or storm sewer, police or fire alarm system. d. In accordance with city policy permits shall be required before the construction of any connection to the municipal separate storm sewer. (See the Roadway and Utility Design Manual) 2. Improper Disposal .......................... It shall be unlawful for any person to discharge non-stormwater to any stormwater conveyance with the exception of the following: a. Water line flushing; b. Diverted stream flows; c. Rising ground waters; d. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)) to separate storm sewers; e. Uncontaminated pumped ground water discharges from potable water sources; f. Foundation drains; g. Air conditioning condensation; h. Irrigation water; i. Springs; j. Water from crawl space pumps; k. Footing drains; I. Lawn watering; m. Car washing at one's residence, not for hire; n. Flows from riparian habitats and wetlands; o. Dechlorinated swimming pool discharges; .............................................. p. Street wash waters; and q. Discharges from firefighting. 3. Litter and Refuse Control a. It shall be unlawful to throw, place or deposit any refuse in any street, public place, on any private property, or in any conveyance within the city limits, except in garbage cans or garbage receptacles as provided in Chapter 25 of the City Code, or as approved by the Water Resources Director. b. It shall be unlawful for any person to throw any garbage, peelings or miscellaneous litter upon any of the ........................ sidewalks, greenways, or trails in the city or upon the floors of any religious assembly buildings, public halls, ................................ theaters, buses or other public places. It shall be unlawful for any person to place, drop or throw any litter, garbage, refuse, grass, shrubbery, tree clippings, bottles, cans, or containers or any kind upon any median strip, ....................... alleyway, street or street right-of-way, park or grass strip, or in any conveyance, or upon the private premises of another without permission of the owner or person in control of such premises, or upon any public property; provided, however, that the provisions of this section do not apply to those materials required to be placed for collection on the grass or park strip by Chapter 10 of the City Code. 4.Organic Waste a. Loose leaves shall be collected at curbside by city forces from October 1 through the second Wednesday in January. All other times during the year, leaves shall be bagged or containerized in approved receptacles. b. It shall be the duty of the property owner to keep leaves that have been piled for fall leaf collection out of the gutter, inlet, catch basin, or side ditch. c. It shall be unlawful to place stumps or any organic materials on any property, public or private, except in those specific areas designated for such use by the Water Resources Director. d. It shall be unlawful to place grass clippings, leaves, tree and shrub clippings, or any other yard wastes in any street, storm drain, stream, stormwater conveyance, or any other location where concentrated stormwater flows will wash such wastes into the storm sewers. e. No privy, pigpen or stable of any kind shall be permitted to stand so near any stream, ditch, drain, or stormwater conveyance of any kind that the droppings therefrom will run into such stream, ditch, drain, or stormwater conveyance or in any way poison or contaminate the water therein; nor shall the urine from any privy be allowed to fall or be emptied into any stream, ditch, drain, or stormwater conveyance. f. Every owner and/or person in possession of any premises across through which any stream or open ditch runs, ................... or on which any body of water is impounded, shall keep the banks and edges of the stream, ditch or body of water free and clear of accumulations of debris which might block, hinder, or obstruct the natural flow of water in swales, streams, creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. B. Spill Response 1. Purpose and Authority The Fire Chief shall have the authority to summarily abate, control and contain hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment. The Fire Chief shall have the authority to enter public or private property with or without the owner's consent, to respond to such hazardous materials emergencies. The Fire Chief shall determine the type, amount and quantity of equipment and personnel required to adequately abate, control and contain all hazardous materials which are emitted into the environment. 2. Responsibility; Fees and Charges a. The property owner and/or the person exercising control over the hazardous materials that create the hazardous material emergency shall be held financially liable for the response, control, containment, equipment, and materials costs incurred by the city fire department during the emergency. The property owner and/or person exercising control over such hazardous material, may provide personnel to assist abatement, removal and remedial measures, provided such personnel have been adequately equipped and trained pursuant to the requirements of state and federal laws. The city shall not be liable for the use of outside personnel. Assistance shall consist of any or all of the following: i. Informing fire department personnel of all matters pertaining to the incident; ii. Supplying emergency response plan information for the site; iii. Supplying emergency response equipment, personnel and materials. b. The city will charge for abatement, control and containment of hazardous material responses or fire incidents involving hazardous materials which accrue more than $100.00 in charges. In all cases the $100.00 of expenses shall not be charged to the person in default. c. Charges for hazardous materials emergency response on behalf of the city by the Fire Department shall be based upon the following schedule: i. Engine response shall be $100.00 for each hour, or any part thereof. ii. Additional engine response shall be $100.00 for each hour, or any part thereof. iii. Hazardous materials unit response shall be $175.00 for the initial hour, or any part thereof, and $100.00 for each additional hour, or any part thereof. iv. Ladder truck response shall be $50.00 for each hour, or any part thereof. v. Squad truck response shall be $50.00 for each hour, or any part thereof. vi. Battalion chief response shall be no charge for the initial hour, $25.00 for each additional hour or any part thereof. vii. Any other actual costs of abatement, control and containment of the hazardous materials other than set out above. d. Failure to pay the charges as assessed shall give the city a right to levy a lien upon the land or the premises where the hazardous material emergency arose and the levy shall be collected in the same manner as unpaid taxes pursuant to the authority of N.C.G.S. 160-A 193. 3. Fire Incidents Involving Hazardous Materials In fire incidents that involve hazardous materials or an exposure to hazardous materials, no fee will be assessed for resources normally associated with firefighting operations. Fees shall be assessed for those activities and resources associated with the abatement, control and containment of the hazardous materials involvement or exposure which accrues more than $100.00 in charges. (Amended by Ord. 10-161 on 12/1/10) 30-12-7.4 Industrial and Related Facilities A. Review of Stormwater Pollution Prevention Plans The city may review the stormwater pollution prevention plans required under a facility's NPDES stormwater discharge permit when outfall monitoring or the illicit discharge/improper disposal program locates a suspected violator. ......................... 30-12-7.5 Construction Site Runoff A. Self Inspection Records The City's Manager may review on request the self -inspection record required by the NPDES construction permit for sites with land -disturbing activity greater than 5 acres. Site operators who do not supply the requested information shall be reported to DENR for permit noncompliance. B. Runoff Control Structures Runoff control structures shall be constructed and maintained according to the specifications of this ordinance and the North Carolina Erosion and Sediment Control Planning and Design Manual. 30-12-7.6 Enforcement A. Violations Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this article and by state law: 1. Development Without Permit To engage in any development, use, construction, remodeling, or other activity of any nature upon land or ........................................ .......... improvements thereon subject to the jurisdiction of this chapter without all required permits, certificates, or other forms of authorization as set forth in this chapter. 2. Development Inconsistent With Permit To engage in any development, use, construction remodeling or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity. 3. Violation by Act or Omission To violate, by act or omission, any term, variance, modification, condition, or qualification placed by the City Council or its agent boards upon any required permit, certificate, or other form of authorization of the use, development, or other activity upon land or improvements thereon. 4. Use in Violation To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building or structure or to use any land _....................... ............................ in violation or contravention of this chapter or any other regulation made under the authority conferred thereby. 5. Continuing a Violation To continue any of the above violations is a separate and distinct offense each day. B. Civil Penalties 1. Illicit Connections a. Any person who is found responsible for an illicit connection shall receive a notice of violation when the connection is discovered. The person shall have 30 days to remove the connection. At the end of that time if the connection has not been removed, the city may enter the property and take measures necessary to remove the connection and perform whatever cleanup or abatement is necessary. If the person fails to remove the connection in the time prescribed, the city may petition the superior court of justice, for the issuance of an injunction to compel removal and payment; however, removal of the illicit connection shall be immediate upon the determination of the Water Resources Director that the connection poses an imminent threat to public health. b. If any person who previously has been found to have an illicit connection reconnects to the municipal separate storm sewer, he shall be assessed a civil penalty not to exceed $5,000.00. The penalty shall increase by 25% of the previous penalty amount for every subsequent illicit connection made by the same person. The penalty shall be additional to the cost of cleanup and abatement. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. c. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. If the person has or is required to have a stormwater discharge permit from the state division of environmental management, the city shall alert the appropriate state authorities of the violation. In determining the amount of the penalty the Water Resources Director shall consider the following: i. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; ii. The duration and gravity of the violation; iii. The effect on ground or surface water quality or on air quality; iv. The cost of rectifying the damage; v. The amount of money saved by noncompliance; vi. Whether the violation was committed willfully or intentionally; vii. The prior record of the violator in complying or failing to comply with the stormwater quality management program; and viii. The costs of enforcement to the city. 2. Improper Disposal a. Process Wastewater i. Any person who is found to have improperly disposed of process wastewater to the municipal separate storm sewer shall be assessed a civil penalty not to exceed $5,000.00. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining the amount of the penalty the Water Resources Director shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; c. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the stormwater quality management program; and h. The costs of enforcement to the city. b. Bulk Sales i. Any person who is found to have improperly disposed of any substance that was purchased at a bulk sales location which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed $5,000.00. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining the amount of the penalty the Water Resources Director shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; c. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the stormwater quality management program; and h. The cost of enforcement to the city. c. Household Products i. Any person who is found to have improperly disposed of any substance that was purchased over-the- counter for household, in quantities considered normal for household purposes, which, upon discharge to the municipal separate storm sewer system or drainage network, would have an adverse impact on water quality or cause the city to be in noncompliance with any applicable environmental permit shall be assessed a civil penalty not to exceed $500.00. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining the amount of the civil penalty the Water Resources Director shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; c. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the stormwater quality management program; and h. The costs of enforcement to the city. d. Yard Waste i. Any person who is found to have improperly disposed of leaves, grass clippings, or other yard wastes shall be assessed a civil penalty not to exceed $500.00. Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. ii. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. In determining the amount of the penalty the Water Resources Director shall consider the following: a. The degree and extent of the harm to the natural resources, to the public health, or to the public or private property resulting from the violation; b. The duration and gravity of the violation; c. The effect on ground or surface water quality or on air quality; d. The cost of rectifying the damage; e. The amount of money saved by noncompliance; f. Whether the violation was committed willfully or intentionally; g. The prior record of the violator in complying or failing to comply with the stormwater quality management program; and h. The costs of enforcement to the city. e. Repeat Violation If a person is found to be responsible for more than one instance of improper disposal, the penalty shall increase by 25% of the previous penalty amount for each subsequent improper disposal. f. Watershed Areas The penalty assessed for any of the above violations shall be increased by 25% of the amount assessed if it occurs in any designated water -supply watershed area. g. Failure to Report The penalty assessed for any of the above violations shall be increased by 25% of the amount assessed for any spill not properly reported by the violator once he has knowledge of the violation. 3. In the event there are subsequent penalties assessed by the state against the city for improper disposal or illegal dumping, or illicit connection into the municipal separate storm sewer system as identified in 30-12-7.6(B), caused by any person, such person shall be assessed the equivalent amount of civil penalty. C. Public Nuisances 1. Nuisances The following enumerated and described conditions are found, deemed and declare to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the city and are found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on lands dedicated to and/or accepted by the city as natural stream corridors, floodplain and/or open space which are established in order to preserve natural greenways, vegetative stream buffers, and/or natural connecting networks along floodways, streams, and creeks are deemed and declared as exceptions for the purpose of enforcement of this article. a. Any condition which constitutes a breeding ground or harbor for rats, mosquitoes, harmful insects, or other pests. b. A place of dense growth of weeds or other noxious vegetation over 12 inches in height. c. An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials or objects of a like nature. d. An open place of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind. e. Hides, dried or green, provided the same may be kept when thoroughly cured and odorless. f. Any furniture, appliances, or metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas of confinement. g. Any condition which blocks, hinders, or obstructs in any way the natural flow of water in swales, streams, ........................ creeks, surface waters, ditches, or drains, to the extent that standing water is created on the premises. ................................................................ 2. Notice to Abate; Emergency Abatement by City If any person shall violate the provisions of this section, it shall be the duty of the Water Resources Director to give notice to the owner or to any person in possession of the subject property directing that all unlawful conditions existing thereupon be abated within 10 days from the date of such notice; provided, that if, in the opinion of the Water Resources Director, the unlawful condition is such that it is of imminent danger or peril to the public, then an authorized public works representative may, without notice, proceed to abate the same, and the cost thereof shall be charged against the property. 3. Abatement by City Where Owner Fails to Abate Upon the failure of the owner or person in possession of any premises to abate any unlawful condition existing thereupon within the time prescribed by the provisions of this section, it shall be the duty of an authorized public works representative to cause the removal and abatement of such unlawful condition therefrom. D. Remedies Any or all of the following procedures may be used to enforce the provisions of this chapter: 1. Injunction Any violation of this chapter or of any condition, order, requirement, or remedy adopted pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. 2. Civil penalties a. Any person who violates any provision of this section shall be subject to the assessment of a civil penalty under the procedures provided in 30-12-7.6(B). Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs. b. The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct. 3. Denial of Permit The Water Resources Director shall withhold or deny any permit, certificate, or other authorization on any land, building, structure, or use in which there is an uncorrected violation of a provision of this section, or of a condition or qualification of a permit, certificate, or other authorization previously granted. 4. Conditional Permit or Temporary Certificate The Water Resources Director may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security approved by appropriate government authority. 5. Revocation of Permit The Water Resources Director may revoke and require the return of a permit or certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or certificates shall be revoked for any substantial departure from the approved application plans, or specifications; refusal or failure to comply with the requirements of state or local law; or for false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of any applicable state or local law may also be revoked. 6. Criminal Penalties Any violation of this section shall be a misdemeanor or infraction as provided by NCGS 14-4. Each violation shall be subject to a fine not to exceed $500.00. 7. Notification of the State Enforcement Officials a. Industrial and Related Facilities When the Water Resources Director discovers an apparent violation of an industrial or related facility's NPDES stormwater discharge permit or that the facility is not operating pursuant to its stormwater pollution prevention plan, the city shall notify the appropriate state officials immediately. b. Construction Sites If the Water Resources Director discovers an apparent violation of the NPDES stormwater discharge permit required by the state for sites with land -disturbing activity greater than 5 acres, he shall report the violation immediately to the appropriate state officials. c. Abatement When the discharge from the facility interferes significantly with the municipal separate storm sewer, and the facility fails to take appropriate actions upon notification by the city, the city may take immediate and appropriate measures to control the problem whether or not the facility is violating its NPDES permit and recover the cost from the facility. 8. Judicial Enforcement When any person is in violation of the provisions of this section, the Water Resources Director, through the City Attorney, may petition the Superior Court for the issuance of a restraining order or a preliminary and permanent injunction which restrains or compels the activities in question. (Amended by Ord. 10-161 on 12/1/10) 30-12-7.7 Appeals A. Appeal Hearing 1. Any person assessed a civil penalty under this section shall have the right to a hearing before the Water Resources Director upon making a written demand to the Water Resources Department specifying the issues to be contested, within 30 days following receipt of the assessment. 2. Unless such written demand is made within the time specified herein, the action shall be final and binding. 3. The Water Resources Director shall make a final decision on the contested penalty within 30 days of the receipt of the written demand for a hearing. 4. The Water Resources Director shall transmit a copy of the decision by registered or certified mail. 5. The decision of the Water Resources Director shall be considered the final administrative action for the purposes of judicial review. B. Judicial Review Any person may seek judicial review of a final administrative decision by the Water Resources Director by filing a petition for writ of certiorari within 30 days after receipt of notice by registered or certified mail, but not thereafter, with the Superior Court and with a copy to the city. 30-12-7.8 Service Charges and Rates A. Definitions for Rate Calculations The following definitions shall apply concerning rate calculations: Equivalent residential unit (ERU) 2,543 square feet of impervious surface. Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include but is not limited to roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces. Other property unit. A parcel of land that is not a single-family residential unit. Single-family residential unit. A building detached from other structures used as a residence for 4 or fewer family units. B. Purpose of Service Charge Stormwater management services shall be funded through the operation of a stormwater utility, as authorized by state law, and charges shall apply to all property within the city limits, without regard to ownership. Such charges shall be based on the presence of impervious surface on each parcel as determined by the unit standard set forth in 30-12- 7.8(A). The city shall set a base rate for single-family residential units and calculate charges for other property units utilizing the equivalent residential unit as a multiplier. C. Rate for Service Charges 1. Single-family residential unit shall pay a fee based on the amount of impervious surface area on the property. The fee will be charged per month as shown below: Table 12-12: Single -Family Residential Service Charges Impervious Surface Range (Sq. Ft.) Residential Rate (Monthly) 1 600-1,999 $1.50 11 2,000-2,899 $2.70 111 2,900+ $3.90 2. Other property shall pay a service charge of $2.70 per month for each equivalent residential unit or portion of an equivalent residential unit on the parcel. No charge shall be made on parcels with less than 600 square feet of impervious surface. 30-12-7.9 Annexation of Stormwater Sewers and Drainage Systems Upon annexation of property that includes dedicated public streets containing storm sewers and other such stormwater drainage system, such storm sewer systems and features shall become the property of the city without cost to the city and shall be incorporated into the city storm sewer and drainage system as if they were originally constructed by the city.