NCS000246_Chapter 23 Ordinance_20220920

PART II - CODE OF ORDINANCES
CHAPTER 23 - STORMWATER MANAGEMENT
Article I. - In General
The City Council of Fayetteville, North Carolina, makes the following findings:
1. North Carolina General Statutes Ch. 160A, Article 16, authorizes the city to acquire, construct, establish,
enlarge, improve, maintain, own, operate and contract for the operation of stormwater management
programs designed to protect water quality by controlling the level of pollutants in, and the quantity and
flow of, stormwater and structural and natural stormwater and drainage systems of all types.
2. The establishment of a stormwater management utility that would be accounted for as a separate
enterprise fund and would facilitate the provision of a stormwater management program is reasonable and
in the public interest.
3. North Carolina General Statute 160A-314 authorizes the city to establish and revise, from time to time, a
schedule of rates and charges to fund the stormwater management program activities including both
structural and natural stormwater conveyance and drainage system services provided by the stormwater
management utility.
(Ord. No. S2009-004, § 1, 5-26-2009)
This article may be cited as the Stormwater Management Utility Ordinance of the City of Fayetteville.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
a. A stormwater management utility is hereby created as an identified fiscal and accounting fund for the purpose
of comprehensively addressing the stormwater management needs of the city. The city's stormwater
management needs are met herein; (1) through programs designed to protect and manage water quality and
quantity by controlling the level of pollutants in stormwater runoff, and the quantity and rate of stormwater
received and conveyed by structural and natural stormwater; (2) by establishing a schedule of charges; (3) by
defining the control, collection and disbursal of funds; and (4) by setting forth penalties, methods of appeals
and exemptions.
b. This article establishes that the city is only responsible for construction, maintenance and repair of
components of the stormwater drainage system that are located within city -owned drainage systems or within
city -owned righs-of-way. To the extent that the city elects to make available stormwater utility funds for work
on drainage system components located outside of city -owned rights -of -way or city -owned drainage systems,
such action will not constitute a transfer of responsibility or liability to the city for any aspect of drainage
systems located outside of city -owned rights -of -way or city -owned drainage systems.
c. No action or inaction of the city pursuant to this section shall impose upon the city, its agents, officers, or
employees, any responsibility or liability of any kind, past or future, relating to any person or property. No
action by the city, including but not limited to funding of work on drainage system components not owned by

the city, shall be considered as a taking or appropriation of, or assumption of responsibility for any stream,
drain, ditch or other drainage system feature that is outside city -owned property or right-of-way. City
participation in work on drainage system components outside of the right-of-way is limited to the extent to
which funds are available for such purpose and no entitlement to receive funds for such work arises from this
division.
d. The city's evaluation, construction or repair of stormwater control measures and drainage facilities does not
constitute a warranty against stormwater hazards, including, but not limited to, flooding, erosion, or standing
water.
(Ord. No. 52009-004, § 1, 5-26-2009, Ord. No. S2019-038, § 1, 06/24/2019)
Effective on: 11/18/2013
As used in this article, unless the context clearly indicates otherwise, the following definitions shall apply:
Credits. Credit shall mean ongoing reductions in the stormwater service charge applicable to a given property
in recognition of on -site or off -site systems, facilities, measures, and actions taken by customers to reduce or
mitigate the impact of their properties or actions on the peak rate of stormwater runoff from the site or the
pollutant loadings of stormwater runoff from the site. Credits shall be based on their impact on the utility's long-
term cost of providing services and facilities, not on the cost to the customer of acquiring, designing, building,
operating, maintaining or performing measures or actions to attain a credit. Credits shall be conditioned on the
continuing performance of the systems, facilities, measures or actions in reference to standards adopted by the
utility upon which the credits are granted, and may be revised or rescinded. In no case shall credits exceed the
amount of the stormwater service charge.
Effective on: 11/18/2013
Customer. Customer shall mean the person or firm to which a bill for stormwater service charges is sent.
Effective on: 11/18/2013
Detached Single -Family Residential. Detached single-family residential shall mean developed land
containing one structure which is not attached to another dwelling unit and which contains one or more rooms
with a bathroom and kitchen facilities designed for occupancy by one family and shall include single-family houses,
single duplex units under common ownership, manufactured homes and mobile homes located on individual lots
or parcels of land and residential condominium and townhouse units. Developed land may be classified as
"detached single-family residential" despite the presence of incidental structures associated with residential uses
such as garages, carports or small storage buildings. "Detached single-family residential" shall not include
developed land containing: Structures used primarily for nonresidential purposes; manufactured homes and
mobile homes located within manufactured home or mobile home parks; or other multiple unit properties.
Effective on: 11/18/2013
Developed Land. Developed land shall mean property altered from a natural state that contains impervious
surface, and includes improved land without structures and land on which improvements are under construction.
Effective on: 11/18/2013
Equivalent Residential Unit. For the purposes of this article, an equivalent residential unit shall mean 2,266
square feet of impervious surface, which is the average amount of impervious surface within and/or on an average
single-family property in the service area.
Effective on: 11/18/2013

Exemption. Exemption shall mean not applying to or removing the application of the stormwater utility
service charge from a property. No permanent exemption shall be granted based on taxable or nontaxable status or
economic status of the property owner. An exemption may be granted based on agreements between the city and
other persons, governmental and nongovernmental entities, and organizations whereby they provide approved
best management practices and perform on -site and/or off -site stormwater quantity management, including
acquiring, designing, building, operating and maintaining systems and facilities, and performing measures and
actions or other best management practices which equal or exceed the stormwater utility guidelines. Exemptions
may be removed or rescinded at any time by the stormwater utility.
Effective on: 11/18/2013
Impervious Surface Area. Impervious surfaces shall mean those areas within developed land which prevent
or significantly impede the infiltration of stormwater into the soil. Common impervious surfaces include, but are
not limited to, roof tops, sidewalks, walkways, patio areas, roads, driveways, parking lots, storage areas, brick or
concrete pavers and other surfaces which prevent or significantly impede the natural infiltration of stormwater
into the soil.
Effective on: 11/18/2013
Other Properties. Other properties shall mean any developed land not fitting the definition of detached
single-family residential. "Other properties" shall include, but not be limited to, attached single-family houses,
nonresidential townhouses and condominiums, apartments, boarding houses, hotels and motels, churches,
commercial properties which include dwelling units, manufactured home or mobile home parks, commercial and
office buildings, storage areas, parking lots and other impervious areas, parks, recreation properties, public and
private schools and universities, hospitals and convalescent centers, office buildings, airports, agricultural uses
involving impervious surfaces, water reservoirs, and water and wastewater treatment plants. Real properties
which are used for other than single-family residential use located in single-family residential structures or
duplexes shall be deemed other properties for the purpose of calculating the stormwater service charge. The
definition of "other properties" shall be broadly construed such that any property having areas of impervious
coverage shall be subject to the stormwater service charge unless otherwise provided.
Effective on: 11/18/2013
Service charge. Service charge shall mean the stormwater service charges applicable to a parcel of developed
land which is generally reflective of a parcel's allocable portion of or impact on the cost of providing stormwater
utility services and facilities as authorized or provided for herein. The service charge will vary from one parcel of
developed land to another based upon the amount of impervious surfaces.
Effective on: 11/18/2013
Stormwater. Stormwater shall mean the runoff from precipitation that travels over natural or developed
surfaces to the nearest stream, other conduit, or impoundment and appears in lakes, rivers, ponds or other bodies
of water.
Effective on: 11/18/2013
Stormwater Advisory Board. Stormwater advisory board shall mean the citizens' advisory board
established by this chapter.
Effective on: 11/18/2013
Stormwater Management Program. Stormwater management program shall mean programs designed to
protect, restore or manage water quality by controlling, reducing, or managing the level of pollutants in, and
controlling, reducing, or managing the velocity, volume and peak flow of, stormwater.
Effective on: 11/18/2013
Stormwater Manager. Person designated by the city to manage stormwater services and who is charged
with certain duties and responsibilities by the ordinance from which this article derives, or that person's duly
authorized representative.
Effective on: 11/18/2013

Stormwater Services. Stormwater services shall mean that organization including its employees as well as
other designated personnel that is responsible for implementing the city stormwater management program.
Effective on: 11/18/2013
Stormwater System or Storm Sewer System. Stormwater system or storm sewer system shall mean the
system of natural and constructed devices for collecting and transporting stormwater. It includes, but is not limited
to, lakes, ponds, rivers, creeks, open ditches, catch basins, pipes, sewers, drains, culverts and other stormwater
management facilities.
Effective on: 11/18/2013
Stormwater Utility. Stormwater utility shall mean the stormwater utility created hereby, including a
management structure that shall be responsible solely and specifically for the Stormwater management program
and system and that is supported through the stormwater utility service charge authorized herein and, if
applicable, other general fund appropriations, grants and other revenues appropriated therefore.
Effective on: 11/18/2013
Undeveloped Land. Undeveloped land shall mean land that does not meet the definition of developed land.
Effective on: 11/18/2013
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
a. There is hereby established a stormwater management utility within the engineering and infrastructure
department which shall be responsible for stormwater management programs throughout the city, and which
shall provide for the management, protection, control, regulation, use and enhancement of stormwater
systems and facilities.
b. There is hereby established a stormwater enterprise fund in the city budget and accounting system for the
purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the
stormwater management utility, including but not limited to; rentals, rates, charges, fees and licenses as may
be established by the city council and other funds that may be transferred or allocated to the stormwater
management utility. All revenues and receipts of the stormwater management utility shall be placed in the
stormwater enterprise fund and all expenses of the utility shall be paid from the stormwater enterprise fund,
except that other revenues receipts, and resources not accounted for in the stormwater utility enterprise fund
may be applied to stormwater management programs, facilities, operations, and capital investments as
deemed appropriate by the city council.
c. The city council hereby transfers to the stormwater management utility (stormwater division) operational
control over the existing stormwater management programs, systems and facilities performed, provided or
owned and heretofore operated by the city and other related assets, including but not limited to properties
other than roadways upon which such systems and facilities are located, easements, rights -of -entry and
access, and certain equipment used solely for stormwater management.
(Ord. No. 52009-004, § 1, 5-26-2009)
The boundaries and jurisdiction of the stormwater management utility shall extend to the corporate limits of
the City of Fayetteville, including all areas hereafter annexed thereto.
(Ord. No. 52009-004, § 1, 5-26-2009)
Effective on: 11/18/2013

a. This section sets forth the criteria and circumstances by which Stormwater Enterprise Funds may be used for
drainage assistance projeccts located outside of city -owned rights -of -way.
b. Process. Requests for use of Stormwater Enterprise Funds for drainage projects located outside of the city -
owned rights -of -way will be forwarded to the Public Services Department for review, investigation, and
elgibility.
1. The determination of eligibility for funding with Stormwater Enterprise Funds shall be made by the City
Manager or his designee and this decision is not subject to appeal.
2. As outlined below, eligible projects will be prioritized with a preliminary cost estimate and forwarded to
the Stormwater Advisory Board for final review and approval.
c. Eligibility. Drainage projects located outside of city -owned rights -of -way may be funded with Stormwater
Enterprise Funds provided that all of the following eligibility criteria are met:
1. A formal request for assistance complying with city requirements (including the applicable fee in
accordance with the city's fee schedule) is submitted to the city by the current property owner(s);
2. The property is within the coprorate limits of Fayetteville;
3. The condition of the drainage system impacts single-family residential property;
4. The repair of the existing drainage structure would serve a public purpose (for example, conveying runoff
from a city -maintained street);
5. The property owner(s) authorize the city to do the work on the drainage project, and provide access
necessary via temporary or existing easements without compensation;
6. The property owner(s) acknowledge that the city will not take ownership of any drainage infrastructure
installed on their property and any work will be a "one-time" effort by the city;
7. The property owner(s) acknowledge that the project will not include repair or replacement of surface
features (such as trees, shrubbery, decorative walls, fences, etc.) that may have to be removed or that are
damaged during construction of the project;
8. The property owner(s) acknowledge that should the city determine the project is eligible, then the project
design will be the most cost effective solution to the stormwater problem;
9. The drainage system is not located on property that is undergoing development or re -development;
10. The project does not include the repair, replacement, or installation of drainage infrastructure on a private
road;
11. The drainage problem is not due to flooding present only during events larger than city stormwater design
criteria such as (but not limited to) hurricanes or unusually severe thunderstorms;
12. The problem will not be addressed by an existing Capital Improvement Plan project which is funded and
schedule for construction; and
13. The project will require the repair of subsurface drainage infrastructure (such as pipes) and specifically
does not include:
i. Creek bank stabilization;
ii. Landscaping or aesthetic maintenance (e.g., removal of brush, mowing of grass, litter pick-up);
iii. Sediment removal from swales or ditches.
d. Project Prioritization. Eligible projects that exceed the capacity of the city's street maintenance functions
because they requre design prior to construction will be prioritized by the city based on standard project
ranking criteria used for stormwater projects. The city will present the ranking criteria annually to the city's
Stormwater Advisory Board for final review and approval.
e. The city's participation in eligible projects under the Drainage Assistance Program is limited o the extent to
which funds are available for such purpose and no entitlement to receive funds for such work arises from this
section. The city retains its right to reject, defer, or abandon any project considered under this section at any
time. No action or inaction of the city pursuant to this section shall impose upon the city, its agents, officers, or
employees, any responsibility or liability of any kind, past or fuure, relating to any person or propety. No
action by the city, including, but not limited ot, funding of work on drainage system components not owned by

the city, shall be considered as a taking or appropriation of, or assumption of responsibility for any stream,
drain, ditch or other drainage system feature that is outside city -owned property or right-of-way.
(Ord. No. S2019-055, § 1, 09/23/2019)
a. Impervious surface area on a given land parcel directly relates to the volume, rate and pollutant loading of
stormwater runoff discharged from that land parcel to the city's structural and natural drainage systems and
facilities. Therefore, impervious surface area shall be the parameter for establishing a rate structure to
distribute the cost of services associated with the operation, repair, improvement and maintenance of public
drainage systems and facilities through a schedule of rates, fees, charges and penalties related to the operation
of a stormwater management utility and stormwater management enterprise fund as established in section
23-3
b. Based on an analysis by the city, upon the enactment of the ordinance from which this article derives, of
impervious surface area on properties throughout the city, an impervious surface area of 2,266 square feet is
hereby designated as one equivalent residential unit (ERU).
(Ord. No. 52009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
Stormwater service charge rates may be determined and modified from time to time by the Fayetteville City
Council so that the total revenue generated by said charges and any other sources of revenues or other resources
allocated to stormwater management by the city council to the stormwater management utility shall be sufficient
to meet the cost of stormwater management services, systems, and facilities, including but not limited to; the
payment of principal and interest on debt obligations, operating expense, capital outlays, nonoperating expense,
provisions for prudent reserves, and other costs as deemed appropriate by the city council. The following
stormwater service charge rates shall apply:
1. Detached single-family residential. Each developed detached single-family residential property shall be
billed and shall pay pursuant to the rate established for one equivalent residential unit (ERU).
2. Other properties. All other developed properties having impervious coverage, including, but not limited to;
multifamily residential properties with three or more living units, commercial properties, industrial
properties, public and institutional properties, church properties, public and private school properties, and
developed vacant properties shall be billed for one ERU for each 2,266 square feet or fraction thereof of
impervious coverage on the subject property. There will be no service charge for other properties with
fewer than 600 square feet of impervious surface.
3. Charge per equivalent residential unit (ERU). The monthly rate per ERU shall be set by resolution of the
Fayetteville City Council and shall be available for public review and inspection in the office of the
stormwater utility. The resolution establishing the monthly service charge for each ERU shall reflect the
scope of the stormwater management program to be implemented and/or being implemented during the
billing period and the actual overall aggregate cost of the stormwater utility. The monthly service charge
for each ERU may be amended from time to time pursuant to the city's fee schedule.
4. Other fees and charges. Other fees and charges may be adopted from time to time by the city council
incidental to the purposes of stormwater utilities as provided in G.S. 160A-314.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
a. Method of billing. Billing and collection of the stormwater service charge and any other fees, charges and
penalties for stormwater utility services and facilities may be accomplished in any manner deemed

appropriate by the city manager, including but not limited to, including the service charge with the annual
property tax billing, enclosing it with or attaching it to the annual property tax billing, or by a separate billing.
b. Delinquencies. A stormwater utility service charge billing or other billing for fees, charges and penalties
associated with the stormwater utility shall be delinquent if not paid within 60 days of the date of billing or
upon the date of delinquency of the annual property tax billing if the stormwater utility service charge or other
billing for fees, charges and penalties is placed upon the annual property tax billing or enclosed with or
attached to the annual property tax billing. A delinquent billing shall accumulate an additional penalty at the
rate as established for the interest applicable to delinquent, unpaid property taxes and shall run from the date
of the original billing. This penalty shall be termed a delinquency penalty charge.
c. Appeal of disputed bills, adjustments. Any customer who believes the provisions of this article have been
applied in error may appeal in the following manner and sequence:
1. An appeal of a stormwater service charge must be filed in writing with the Fayetteville Stormwater
Manager within 30 days of the charge being mailed or delivered to the property owner and stating the
reasons for the appeal. In the case of stormwater service charge appeals, the appeal shall include a survey
prepared by a registered land surveyor or professional engineer containing information on the total
property area, the impervious surface area, and any other features or conditions that influence its
hydrologic response to rainfall events.
2. Using information provided by the appellant, the stormwater manager or his designee shall conduct a
technical review of the conditions on the property and respond to the appeal in writing within 30 days. In
response to an appeal, the stormwater manager may adjust the stormwater service charge applicable to
the property in conformance with the general purposes and intent of this article.
3. A decision of the stormwater manager that is adverse to an appellant may be further appealed to the city
manager or his designee within 30 days of the adverse decision. Notice of the appeal shall be delivered to
the city manager or his designee by the appellant, stating the grounds for further appeal. The city manager
or his designee shall issue a written decision on the appeal within 30 days. All decisions by the city
manager or his designee shall be served on the customer personally or by registered or certified mail, sent
to the billing address of the customer.
4. The appeal process contained in this section shall be exhausted before an aggrieved customer may appeal
for judicial review or relief. Further appeal shall be filed within 30 days of the date of the service of the
decision of the city manager or his designee.
d. No suspension of due date. No provision of this article allowing for an administrative appeal shall be deemed to
suspend the due date of the service charge with payment in full. Any adjustment in the service charge for the
person pursuing an appeal shall be made by refund of the amount due.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
Except as provided in this section, no public or private property shall be exempt from stormwater utility service
charges or receive a credit or offset against such service charges. No exemption, credit, offset or other reduction in
stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the
customer, or other condition unrelated to the stormwater management utility's cost of providing services, systems
and facilities. A stormwater management utility service charge credit manual shall be prepared specifying the
design and performance standards of on -site stormwater services, systems, facilities and activities that qualify for
application of a service charge credit, and how such credits shall be calculated.
Credit for mitigation measures. Other properties which provide and maintain measures and/or facilities
that mitigate the impact of impervious coverage on the property upon the stormwater systems, facilities
and services provided or to be provided by the stormwater utility shall be eligible for credits, offsets or
exemptions proportional to the extent that those measures and/or facilities reduce the impact of peak rate
of stormwater discharge and/or annual pollutant loadings emanating from the subject property. Credits
shall be applied only against charges billed to the property under the scope of the stormwater

management program in effect during the period of the billing and requested credit. Detached single-
family residential properties shall not be eligible for credits, offsets or exemptions.
2. Credit manual. A credit manual which prescribes the basis and the manner of calculating the amount of
credits permitted pursuant to this chapter shall be adopted from time to time by the Fayetteville City
Council.
3. Exemptions. The following exemptions shall be allowed:
a. Improved public road rights -of -way which have been conveyed to and accepted for maintenance by the
North Carolina Department of Transportation and are available for use in common for vehicular
transportation by the general public shall be exempt from stormwater service charges.
b. Improved public road rights -of -way which have been conveyed to and accepted for maintenance by the
City of Fayetteville and are available for use in common for vehicular transportation by the general
public shall be exempt from stormwater service charges.
c. Railroad rights -of -way used for trackage and related appurtenances shall be exempt from stormwater
service charges. However, railroad stations, maintenance buildings, or other developed land used for
railroad purposes shall not be exempt from stormwater service charges.
d. All of that property in the City of Fayetteville that is a part of the Fort Bragg Army Federal Military
facilities shall be exempt from stormwater service charges.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
a. Established. The City of Fayetteville Stormwater Advisory Board (hereinafter, "the advisory board") is hereby
established. The advisory board shall be appointed in the manner set out in subsection (d) of this section.
b. Purposes and duties.
1. Advisory function. The advisory board shall provide guidance and advice to the city council pertaining to
the stormwater management program, including, but not limited to, program activities, functions, systems,
management and funding.
2. Administrative review. The advisory board shall have the powers and duty to act in all matters relating to
the administrative review of any order, requirement, decision or determination made by the stormwater
manager or other administrative official.
c. Required vote. The concurring vote of a simple majority of the members of the advisory board present shall be
necessary to reverse any order, requirement, decision or determination of any administrative official charged
with the enforcement of this chapter.
d. Appointment, membership. The advisory board shall consist of five members representing a diverse cross-
section of the city and appointed for staggered terms of two years. The city council appoints members of the
advisory board as terms expire and as vacancies in unexpired terms arise. No member of the advisory board
shall serve more than two consecutive terms without a period of at least one year intervening between
appointments. The chairman and the vice-chairman of the advisory board shall be duly elected by the
respective board members. The chairman and the vice-chairman shall be elected to serve in that capacity for a
period of one year.
e. Regular meetings. The advisory board shall meet not less than four times annually on a schedule that is
approximately quarterly. The advisory board may meet more often than four times annually if it shall so
determine. A simple majority of the advisory board shall constitute a quorum for the conduct of business. The
advisory board may adopt rules of procedure for the conduct of its meetings and its business, which rules shall
generally be consistent with rules of parliamentary procedure. Notice of the meetings of the advisory board
shall be given in accordance with and such meetings shall be subject to the North Carolina Open Meetings Law,
G.S. Ch. 143, Article 33C and any other applicable statute.

Emergency meetings. The advisory board may hold special or emergency meetings if called by the Mayor of the
City of Fayetteville, or its chairman. Notice of such meetings of the advisory board shall be given in accordance
with and shall be subject to the North Carolina Open Meetings Law, G.S. Ch. 143, Article 33C and any other
applicable statute.
(Ord. No. S2009-004, § 1, 5-26-2009)
If a section, subsection, or part of this article shall be deemed or found to conflict with a provision of North
Carolina law, or other pre-emptive legal principle, then that section, subsection, or part of this article shall be
deemed ineffective, but the remaining parts of this article shall remain in full force and effect.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
This article is not intended to repeal, abrogate, annul, impair or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations or permits previously adopted or issued. However, if
any provisions or requirements of this article conflict with any existing regulations or ordinances, the more
restrictive provisions shall apply.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
This article shall become effective on July 1, 2009.
(Ord. No. S2009-004, § 1, 5-26-2009)
Effective on: 11/18/2013
--- (2) ---
Editor's note— Ord. No. S2009-004, § 1, adopted May 26, 2009, amended art. I in its entirety to read as herein set
out. Former art. I, §§ 23-1-23-8, pertained to similar subject matter and derived from Res. No. R2007-031, § 1(12-
1-12-8), adopted June 11, 2007.
Effective on: 11/18/2013